I am a highly experienced, Washington, D.C.-based, appellate specialist who wears two hats:
At my independent, nationwide, appellate litigation boutique, Capital Appellate Advocacy PLLC, I handle appeals for individual companies and write amicus curiae (“friend of the court”) briefs for entire industries. I practice primarily in the U.S. Supreme Court and federal courts of appeals. Instead of billing by the hour, I charge appellate clients a flat fee.
At the Atlantic Legal Foundation, a national, nonprofit, public interest law firm, I am Executive Vice President & General Counsel. I conduct the Foundation’s renowned amicus curiae program in the Supreme Court, federal courts of appeals, and state appellate courts. Our cases involve individual liberty, free enterprise, protection of property rights, limited and responsible government, sound science in judicial and regulatory proceedings, and effective education, including parental rights and school choice.
I am proud to be a Fellow of the American Academy of Appellate Lawyers and a graduate of Harvard Law School and Dartmouth College.
Thomson Reuters has repeatedly selected me as one of only several solo-practitioner, Washington, D.C.-based Appellate “Super Lawyers.” Law360 has appointed me to its Appellate Editorial Advisory Board.
My legal career began in 1972 as an Honors Program attorney in the Civil Division of the U.S. Department of Justice. Two years later I joined a now-global law firm, where I founded and led the appellate practice group. Launching my own law firm in 2016 was the best decision of my legal career.
Barbara Ebner and I have been married for 51 years. We enjoy traveling throughout the United States, especially Hawaii, and spending as much time as possible with our two daughters, their husbands, and our six grandchildren.
A Comprehensive Resource to Strategizing, Writing, & Filing Amicus Briefs
The All Things Amicus page is a resource for anyone interested in writing or reading amicus briefs. It provides links to many of my own amicus briefs, and to my published articles, commentaries, and presentations about the nuts and bolts of drafting persuasive amicus briefs and using them strategically.