ALF Urges California Supreme Court To Enforce Finality of Arbitration Awards

ALF Amicus Briefs, All Amicus Briefs, State Appellate Courts /

On behalf of ALF, I have submitted an amicus letter supporting a petition for review urging the California Supreme Court to resolve, inter alia, a disagreement among California lower courts about whether the losing party in an arbitration proceeding can challenge the arbitrator’s jurisdiction, for the first time, in the Court of Appeal after the trial […]

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Super Lawyers

News /

I am honored to have been selected by Thomson Reuters as a Washington, D.C. Super Lawyer – Appellate for the 9th consecutive year. I am one of relatively few solo practioners to have received this recogition.

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Supreme Court Should Hold That Federal Law Precludes Climate-Change Tort Suits

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

More than 60 state and local governments have filed state-law tort suits in state courts around the United States collectively seeking billions of dollars in damages and other relief from major oil and natural gas producers for the alleged local effects of global climate change. Preclusion of these proliferating climate-change tort suits is crucial not

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ALF Amicus Briefs Urge Supreme Court To Revisit State Consent-By-Registration Statutes

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

Under Pennsylvania and Minnesota laws, companies that register to do business in those states are deemed to have consented to the state’s general (“all purpose”) jurisdiction. This means that an out-of-state corporation can be sued by an out-of-state plaintiff for a cause of action that has no connection to Pennsylvania or Minnesota. All states have

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Monsanto Co. v. Durnell: A Supreme Court Oral Argument Preview

Federal Preemption, Presentations, US Supreme Court /

On April 22, 2026 ALF Executive Vice President & General Counsel Larry Ebner participated in a webinar panel previewing the Supreme Court oral argument in Monsanto Co. v. Durnell (24-1068). The question presented by the case is whether FIFRA, the federal pesticide regulatory statute, preempts state-law failure-to-warn claims based on a pesticide producer’s failure to provide a

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ALF Urges Supreme Court To Review & Invalidate SEC “Gag Rule”

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

For more than 50 years the Securities and Exchange Commission (SEC) has been enforcing a “Gag Rule,” 17 C.F.R. § 202.5(e), whenever a civil enforcement target enters into a judicial or administrative settlement agreement with the Commission. The Gag Rule requires settling enforcement targets to agree that they will not publicly deny any allegation in

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Supreme Court Should End Roundup Failure-To-Warn Litigation

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, US Supreme Court /

On January 16, 2026 the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts pesticide label-related failure-to-warn claims where U.S. EPA does not require the warning at issue. The answer to this question will affect state-law personal injury claims alleging that Monsanto

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My FIFRA Preemption Journey

All Publications, Commentary, Published Articles, US Supreme Court /

On January 16, 2026, the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the following question: “Whether the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA] preempts a label-based failure-to-warn claim where EPA has not required the warning.” The answer to this question could result in dismissal of tens of thousands of

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