D.C. Circuit’s Flynn Ruling Restores Sanity To the Role of Amicus Curiae

In an unequivocal ruling, the D.C. Circuit court of appeals on June 24 “order[ed] the district court to grant the government’s Rule 48(a) motion to dismiss the charges against [General Michael] Flynn.”  Quoting D.C. Circuit precedent, the court’s 2 to 1 majority opinion explains that “decisions to dismiss pending criminal charges—no less than decisions to

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How Lawyers Can Use LinkedIn To Promote Their Practices

Larry Ebner, founder of Capital Appellate Advocacy PLLC interviews Nick Kosar, a marketing and web design consultant who specializes in helping attorneys and law firms get their message out using digital and social media, especially LinkedIn. Larry Ebner: Nick, you and I have been working together for more than a year to elevate my appellate

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9th Circuit Herbicide Decision Is Stuck In the Weeds

It’s no surprise that the U.S. Court of Appeals for the Ninth Circuit is anti-pesticide activists’ favorite appellate court. On June 3, for example, a three-judge Ninth Circuit panel issued an opinion that second-guesses—and vacates—U.S. EPA’s 2018 renewal of the conditional registrations for dicamba, a herbicide that farmers use to produce tens of millions of

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EPA Issues COVID-19 Advisory About False & Misleading Disinfectant Claims

The U.S. Environmental Protection Agency (EPA) appears to be acting responsibly in connection with pesticidal products that falsely claim to kill or prevent the spread of coronavirus on inanimate surfaces such as countertops, bathroom fixtures, and door handles. EPA—which regulates the labeling, sale, and use of surface disinfectants— recently announced that it has been “receiving

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The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend

The United States can be a party’s best friend—or worst foe—when it enters an appeal as amicus curiae. This article provides attorneys with some practical guidance about interacting with the U.S. Department of Justice when it is engaged in the process of deciding whether to participate in an appeal and/or what position to advocate on

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Flynn Case “Friend” Cannot Act As 11th-Hour Prosecutorial Intermeddler

LAW 360 PUBLISHED THE FOLLOWING OP-ED ON MAY 20, 2020 UNDER THE TITLE “FLYNN JUDGE SHOULD NOT CHANGE ROLE OF AMICUS CURIAE,” AND IS POSTED HERE WITH PERMISSION Law360 (May 20, 2020, 5:50 PM EDT) — As I wrote last week [Law360, May 15, 2020], U.S. District Judge Emmet G. Sullivan’s May 13 appointment of

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The Flynn Case Doesn’t Need “Friends” Like These

Law 360 published the following Expert Analysis on May 15, 2020 under the title “With Friends Like These: The Amicus Questions In Flynn Case,” and is posted here with permission. Law360 (May 15, 2020, 6:36 PM EDT) — Most Law360 readers are familiar with amicus curiae, or “friend of the court,” briefs, especially at the

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Email Do’s & Don’ts for Lawyers

DRI-The Voice of the Defense Bar, published this article under the title “Email Do’s & Don’ts for Lawyers” in the April 29, 2020 edition of  The Voice newsletter. Now that most of us are working from home, communicating effectively via email with clients, colleagues, and other attorneys has become more important than ever. When my former law firm

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Law360 – Coping With a Pandemic: Appellate Specialist Larry Ebner

The following Q&A is reprinted from the April 27, 2020 editions of Law360 (April 27, 2020, 3:27 PM EDT) — With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions  from around the business and legal community. Today’s perspective comes from Washington, D.C.-based Lawrence Ebner, founder of Capital Appellate Advocacy PLLC.

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