Publications & Presentations*

Publications (1979 – present)

Third Circuit Got It Right On Cancer Warning Preemption Claims, Law360, 2024
U.S. Judicial Conference’s Proposed Amicus Brief Amendments Are Unfriendly To The Civil Defense Bar, Friday 5, Federation of Defense & Corporate Counsel, 2024
Five Myths About Appellate Lawyers, Insights, Federation of Defense & Corporate Counsel, 2024
Requiring Leave To File Amicus Briefs Is A Bad Idea, Law360, 2024
Three BIG Amicus Brief Mistakes, Friday 5, Federation of Defense & Corporate Counsel, 2024
Time For Courts, Attorneys To Use Amended Evidence Rule, Law360, 2023 (co-author)
Moving Forward With DRI’s Center for Law and Public Policy, For The Defense, DRI, 2023
Federal Judge’s Amici Invitation Is A Good Idea, With Caveats, Law360, 2023
Op-Ed: Feds’ Student Debt Relief Defense Has Constitutional Flaws, Law360, 2023
Federal Courts Should Follow Supreme Court’s Amicus Stance, Law360, 2022
How To Draft An Amicus Brief That Actually Gets Read, Insights, Federation of Defense & Corporate Counsel, 2022
Justices Should Give Feds’ Roundup Amicus Little Weight, Law360, 2022
Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement, The Brief Case, DRI, 2022
Hispanic-Americans May Be the Real Victims of the Flanax Litigation, JURIST, 2021
D.C. Circuit Exploratory Data Ruling Is A Win For Transparency, Law360, 2021
Top 4 FAQs About Appeals, Capital Appellate Blog, 2021
Keep Junk Science Away From Juries, Law360, 2021
NYC Climate Change Suit Melts in Second Circuit, Capital Appellate Blog, 2021
Representing Amici Curiae In High-Profile Appeals, Corporate Counsel Business Journal, 2021 (interview)
Appellate Courts Should Welcome Well-Crafted Amicus Briefs, Law360, 2020
Five-Minute Guide To Trade Association Amicus Briefs, Capital Appellate Blog, 2020
California Court’s Preemption Ruling Clashes with EPA No-Cancer-Warning Determination for Roundup Labeling, Legal Pulse, Washington Legal Foundation, 2020
How Appellate Lawyers Can Use LinkedIn to Promote Their Practices, Certworthy, DRI-The Voice of the Defense Bar, 2020 (co-author)
Flynn Judge Should Not Change Role of Amicus Curiae, Law360, 2020
With Friends Like These: The Amicus Issues In Flynn Case, Law360, 2020
Coping With A Pandemic: Appellate Specialist Larry Ebner, Law360, 2020
Email Do’s & Don’ts for Lawyers, The Voice, DRI, 2020
Supreme Court Justices Continue To Debate When To Overturn “Bad” Precedent, Legal Pulse, Washington Legal Foundation, 2020
Flat-Fee Legal Billing Can Liberate Attorneys, For The Defense, DRI, 2020 (republished from Nov. 4, 2019 Law360)
A Digital Conversation Between Professional Services Council Executive Vice President and Counsel Alan Chvotkin & Larry Ebner, Capital Appellate Advocacy, 2020
A Digital Roundtable: INBLF Boutique & Independent Law Firm Leaders Arnie Lutzker & Nancie Marzulla with Larry Ebner, Capital Appellate Advocacy, 2020
US EPA’s Glyphosate No-Risk Finding Withers Plaintiffs’ Bar, Capital Appellate Blog, 2020
California Can’t Usurp USEPA’s Authority Over Roundup® Labeling, Capital Appellate Blog, 2020
No Redress: Future Generations’ Overheated Climate-Related Suit Doesn’t Stand, Legal Pulse, Washington Legal Foundation, 2020
How Far Does the First Amendment Go To Protect Climate Change?, Capital Appellate Blog, 2020
A Conversation With Creosote Council Attorney Larry Ebner (interview), Creosote Council, 2020
A Digital Conversation Between Jay Vroom, Trade Association Veteran & Agribusiness Expert, and Larry Ebner, Capital Appellate Advocacy, 2019
The Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, Legal Backgrounder, Washington Legal Foundation, 2019
Make Amicus Briefs Part of Your Advocacy Program, American Society of Association Executives, 2019
Scope and Application of FIFRA Treated Articles Exemption, Journal of Transportation Technologies, 2019
Flat-Fee Legal Billing Can Liberate Attorneys, Law360, 2019
The Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, Legal Backgrounder, Washington Legal Foundation, 2019
EPA Finally Flexes Some Preemption Muscle, Legal Backgrounder, Washington Legal Foundation, 2019
Reining In the Qui Tam Bar, Service Contractor, Professional Services Council, 2019
Pesticide Ban Bills Ditch Science For Politics, Capital Appellate Blog, 2019
Supreme Court’s Double-Jeopardy Decision Bolsters Politically Motivated State Prosecutors, Capital Appellate Blog, 2019
Justice Thomas Challenges Congress To Learn How To Say What It Means, Capital Appellate Blog, 2019
Supreme Court Holds that 14-Day Limit for Appealing Class-Certification Orders is Inflexible, Capital Appellate Blog, 2019
Sweet Victory for Free Speech, Capital Appellate Blog, 2019
Who is Suing Who, and Why?, Capital Appellate Blog, 2019
Trial & Appellate Lawyers’ Teamwork Produces Fourth Circuit Victory, Capital Appellate Blog, 2019
Supreme Court Should Restore Level Playing Field For Consumer Class Actions, Capital Appellate Blog , 2019
Government Contractor, Back in the Fourth Circuit, Continues to Seek Immunity in Suit By Former Abu Ghraib Detainees, Capital Appellate Blog, 2019
Virginia Uranium Reveals Justices’ Differing Views About the Role of Legislative Intent in Implied Preemption, Legal Backgrounder, Washington Legal Foundation, 2019
Newest Justices’ Dueling Opinions Sparkle, For The Defense, DRI, 2019
A Broader View of the U.S. Supreme Court Bar, Law360 (republished in For The Defense, DRI), 2019
Justice Kavanaugh’s Debut Supreme Court Opinion , The Voice, DRI, 2019
Why I Like Practicing Solo, The Voice, DRI, 2018
Supreme Court’s Sports Betting Decision Reveals Hidden Preemption Requirement, Law360, 2018
Trade Associations Want To Know: How Much Does An Amicus Brief Cost?, Capital Appellate Blog, 2018
Who Needs “Calexit”? California Already Pretends It’s A Separate Nation, Capital Appellate Blog, 2018
Collaborate Collegially on Legal Writing, For The Defense, DRI, 2018
In-House Counsel “Multi-Purpose” Communications Shielded from FTC Probe, In-House Defense Quarterly, DRI, 2018
Fourth Circuit Holds MDL against Military-Battlefield Contractor Raises Nonjusticiable Political Questions, Legal Opinion Letter, Washington Legal Foundation, 2018
Thinking Amicus, For The Defense, DRI, 2018
Preemption 101, Pestworld, National Pest Management Association, 2018
Sports Bet Decision Reveals Hidden Preemption Requirement, Law360, 2018
Raising My Workouts To The Next Level At the New Fitness Center, Centennial, University Club of Washington, DC, 2018
Unconstitutionally Appointed ALJs Continue To Haunt SEC, Legal Backgrounder, Washington Legal Foundation, 2017
Tough Times for Forum Shoppers, Law360, 2017
A Closer Look At “Preemptive” Federal Contract Terms, Law360, 2017
Learning The High Art Of Amicus Brief Writing, For The Defense, DRI, (republished in Michigan Defense Quarterly), 2017
It’s Time to Fix FIFRA Preemption, Law360, 2017
DC Circuit Drone Strike Case Implicates Separation Of Powers, Law360, 2017
Judge’s Dismissal of Toxic-Tort Multidistrict Litigation Against War-Zone Contractor Respects US Military Prerogatives, Legal Backgrounder, Washington Legal Foundation, 2017
Four Decades of U.S. EPA Review – and Continous Federal Registration – of Creosote, Proceedings, American Wood Protection Association, 2016
Can Federal Contract Requirements Preempt State Law?, Law360, 2017
Update: DRI Amicus Committee, For The Defense, DRI, 2017
The Latest On Tort Liability In Abu Ghraib Torture Case, Law360, 2016
Boyle – Justice Scalia’s Gift To Government Contractors, Bloomberg BNA Federal Contracts Report, 2016
Tips For Conducting Attorney-Client Privileged Internal Investigations, In-House Defense Quarterly, DRI, 2016
How Technology Has Improved Legal Writing, For The Defense, DRI, 2015
Amicus Brief FAQs, In-House Defense Quarterly, DRI, 2015
Making Strategic Use of Amicus Briefs, For The Defense, DRI, 2015
How To Choose & Hire An Appellate Attorney, In-House Defense Quarterly, DRI, 2015
Can FIFRA Preemption Be Revived?, For The Defense, DRI, 2015
Untangling a “Little Snag” At the Supreme Court, Certworthy, DRI, 2015
A Federal District Court’s Inverted View of Litigation Holds, For The Defense, DRI, 2015
Representing Amici Curiae, Book Chapter in “Strategies For Appellate Litigation” (Aspatore), 2015
DC Circuit Shuts Down Another Federal Regulatory “Switcheroo”, Legal Opinion Letter, Washington Legal Foundation, 2014
In-House Litigation Managers Need To “Think Amicus”, Law360, 2014
Protecting Privileged Internal Investigation Communications, In-House Defense Quarterly, DRI, 2014
Supreme Court Still Divided Over How To Interpret Express Preemption Provisions, DRI Today, DRI, 2014
Preemption Redemption, Law360, 2014
Defending Battlefield Contractors, For The Defense, DRI, 2013
Product Liability Preemption – Pursuing the Possibility of Impossibility, Product Liability Advisory, McKenna, Long & Aldridge, 2013
How To Oppose A Cert Petition, For The Defense, DRI, 2012
The United States As Amicus Curiae: Making Uncle Sam Your New Best Friend, Certworthy, DRI, 2011
Supreme Court Demonstrates Again That Its Product Liability Preemption Jurisprudence Is Unpredictable, Litigation Advisory, McKenna, Long & Aldridge, 2011
Supreme Court Finds Impossibility Preemption for Failure-To-Warn Claims Against Generic Drug Manufacturers, Litigation Advisory, McKenna, Long & Aldridge, 2011
The Supreme Court’s AEP Decision on Legislative Displacement of Federal Common Law Nuisance Claims and Its Implications for Climate Change Tort Litigation, BNA Daily Environment Report, 2011 (co-author)
Supreme Court Issues Latest in Series of Product Liability Preemption Opinions, Litigation Advisory, McKenna, Long & Aldridge, 2011
President Obama’s “Preemption Memo” – Much To Do About Very Little, Legal Backgrounder, Washington Legal Foundation, 2009
Four Myths About Federal Preemption of State Tort Claims, Legal Backgrounder, Washington Legal Foundation, 2009
U.S. EPA Approves Continued Registration of Creosote, Crossties, Railway Tie Association, 2009
Practical Implications of Wyeth v. Levine, Litigation Advisory, McKenna, Long & Aldridge, 2009
What Wyeth v. Levine Means To the Pesticide Industry, Litigation Advisory, McKenna, Long & Aldridge, 2009
The Not-So-New Case For Implied Preemption of Pesticide Failure-To-Warn Claims, Litigation Advisory, McKenna, Long & Aldridge, 2008
Why Wyeth Matters To the Pesticide Industry, Litigation Advisory, McKenna, Long & Aldridge, 2008
Navy v. Whales Has Broader Implications For Deference To Executive Branch Statements of National Security, Government Contracts Advisory, McKenna, Long & Aldridge, 2008
Piling It On For The Dockbuilders, Crossties, Railway Tie Association, 2007 (co-author)
The Blackberry Case – An Alternate Ending, Engage, The Federalist Society, 2006
FIFRA Preemption After Bates v. Dow AgroSciences, BNA Product Safety & Liability Reporter, 2005
Warning To Trial Lawyers: Read the Law – The Federal Law – Before Proceeding, Engage, The Federalist Society, 2003 (co-author)
The California Supreme Court Weighs In On FIFRA Preemption, BNA Toxics Law Reporter, 2000
California Supreme Court Repudiates Federal Government Position on Pesticide Tort Preemption, Product Liability Law & Strategy, 2000
The PCO’s Guide To Avoiding Lawsuits (Interview), Pest Control Technology, 1996
Compendium of “Legal Brief” & “Ask Your Lawyer” Articles , Pest Management, Nat’l Pest Control Ass’n, 1985-1994
Letter of the Law: Federal Preemption Developments, Chemical Times & Trends, Chem. Specialty Mfrs. Ass’n, 1992
A Critique of the Supreme Court’s [Wisconsin Public Intervenor v. Mortier] Ruling, Pest Management, Nat’l Pest Control Ass’n, 1991
Victory for New York PCOs, Pest Management, Nat’ Pest Control Ass’n, 1989
The Linuron Decision: Impact On Pesticide Registrants, BNA Chemical Regulation Reporter, 1989
The Role of Pesticide Enforcement in Toxic Tort Litigation, Pest Management, Nat’l Pest Control Ass’n, 1988
PCO’s & The Duty To Warn, Pest Management, Nat’l Pest Control Ass’n, 1988
RCRA Update, Agricultural Aviation, Nat’l Ag. Aviation Ass’n, 1987
Getting Paid: What Operators Can Do, Agricultural Aviation, Nat’l Ag. Aviation Ass’n, 1986
Letter of the Law: Update on OSHA’s Hazard Communication Standard, Chemical. Times & Trends, Chem. Specialty Mfrs. Ass’n, 1985
Compensating Pesticide Innovators Under FIFRA, Hazardous Substances, 1985
Defending Yourself Against the NAS Guidelines, Pest Management, Nat’l Pest Control Ass’n, 1985
EPA’s New Pesticide Review Rules, The Environmental Forum, 1985
Saving the Hearings; Change the Rules, The Environmental Forum, Env. Law Inst., 1985
How EPA Spells “Relief”, Pesticide & Toxic Chemical News, 1982
Update On the “Right to Know,” Environmental Analyst, 1982
Letter of the Law: Rewriting the “Right To Know,” Chemical Times & Trends, Chem. Specialty Mfrs. Ass’n, 1982
Warrantless Searches Under Federal Environmental Statutes, Environmental Regulation Analyst, 1981
EDF v. Costle: EPA’s New Case for Pesticide Regulation, Environmental Regulation Analyst, 1980
Rebuttable Presumption Against Registration: How EPA Has Improved Pesticide Review, Environmental Regulation Analyst, 1980
The Endrin RPAR, Proceedings of Eastern Pine & Meadow Vole Symposia, 1979

Webinars, Panels, Videos & Other Presentations

Moderator: Supreme Court Review, International Network of Boutique & Independent Law Firms, 2024
Moderator: Posturing Your Case To Win On Appeal, Federation of Defense & Corporate Counsel, 2024
Podcast: FDCC Speaks – Get Out of Your Practice, Federation of Defense & Corporate Counsel, 2023
Webinar: Challenging the Constitutionality of FTC & Other Federal Administrative Enforcement Proceedings, Beverly Hills Bar Association, 2023
Interview: Strategic Use & Effective Preparation of Amicus Briefs In Appellate Litigation, International Network of Boutique and Independent Law Firms, 2023
Webinar: Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically, Beverly Hills Bar Association, 2022
Webinar: Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically, King County (WA) Bar Association, 2022
Webinar: Procedures, Practice Pointers, & Winning Strategies When Your Case is Headed to the U.S. Supreme Court, DuPage County (IL) Bar Association, 2022
Video: Flat-Fee Billing is Better for Lawyers & Their Clients, 2022
Video: Top 4 FAQs About Appeals, 2022
Panelist: Scrutinizing the Role of Expertise and Scientific Evidence in the Legal and Regulatory Arenas, R Street Institute. 2021
Five Things You Should Know About Supreme Court Amicus Briefs, INBLF, 2021
The Virtual Appellate Advocat e, INBLF, 2020
Starry, Starry Fight? – Supreme Court Justices Debate Stare Decisis, INBLF, 2020
Moderator: You Too Can Be a Supreme Court Practitioner: Redefining “The Supreme Court Bar,” DRI Appellate Advocacy Seminar, 2019
Moderator: THE U.S. SUPREME COURT: How Free Enterprise Fared in October Term 2018, Washington Legal Foundation, 2019
Interview: Larry Ebner on Executive Leaders Radio, 2019
Moderator: Economics of Appellate Practice – Surviving, and Hopefully Thriving, as an Appellate Litigator, DRI Appellate Advocacy Seminar, 2018
Webinar: Friendly Persuasion: Drafting and Using High-Impact Amicus Briefs, DRI-The Voice of the Defense Bar, 2018 [Power Points Updated June 2023]
SCOTUScast: State Farm & Casualty Co. v. U.S. ex rel. Rigsby, Federalist Society, 2017
Webinar: Strategic Use of Amicus Briefs in Appellate Advocacy , Strafford Publications, 2017
Moderator: Handling An Appeal When the Government Is a Party, DRI Appellate Advocacy Seminar, 2017
Presentation: California Cleaning Product Right To Know Act, International Sanitary Supply Association, 2017
Panelist: The End of the Road for Implied Certification Under the False Claims Act?, Professional Services Council, March 2016
Panelist: Winning Private Damages Suits Stemming From Federal Services Contracts, Professional Services Councill, 2015
Panelist, Guns for Hire: The Legal, Policy, and Ethical Implications of the Growing Reliance upon Military Contractors, American University-Washington School of Law National Security Law Brief Symposium, 2015
Panelist: Government Contractor Liability for Injuries and Deaths in Combat Zones, Int’l Air & Transportation Safety Bar Ass’n, 2014
Panelist: Public Policy, State Legislation, and Preemption Issues, Briefing: So You Want to Be in the Unmanned Aircraft Systems (UAS) Business . . . Everything You Need to Know, McKenna Long & Aldridge LLP, 2014
Panelist: Battle Space Contractor Preemption and Tort Defense at the Supreme Court, Battle Space & Contingency Procurements Committee, ABA Section of Public Contract Law, June 2014
Moderator: Making Sense of Federal Preemption, Annual Judicial Symposium, Nat’l Foundation for Judicial Excellence, 2013
Moderator: Interacting Effectively With the Government When It’s Involved In Your Case, DRI Appellate Advocacy Seminar, 2012
Panelist: AEP v. Connecticut: Will the U.S. Supreme Court Shape the Future of Climate Change Litigation?, Bureau of National Affairs, 2011
Panelist: The Role of State and Federal Courts in Federal Preemption Cases, Annual Judicial Symposium, Nat’l Foundation For Judicial Excellence, 2009)
Conference Chair, Congress vs. The States—The Explosive Debate Over Who Gets To Regulate Your Business, McKenna Long & Aldridge LLP, 2008
Speaker” Key Legal issues in PCO Management, National Pest Control Association Academy, 1996

* The publications and presentations listed here are part of my professional bibliography over the past five decades. They are not intended to provide legal advice, and their currency and/or accuracy is neither expressly nor impliedly warranted.