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

Commentary, News /

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

All Publications, Amicus Strategy & Procedure, Published Articles /

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

All Publications, Commentary, Published Articles /

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

All Publications, Commentary, Published Articles /

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

All Publications, Published Articles /

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

News /

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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Supreme Court Justices Continue to Debate When to Overturn “Bad” Precedent

Commentary, US Supreme Court /

Reprinted from Washington Legal Foundation’s Legal Pulse (April 22, 2020) Last Fall I wrote a Legal Backgrounder for Washington Legal Foundation, The Fuss Over Stare Decisis, that highlighted several October Term 2019 Supreme Court decisions in which the Justices’ debated the criteria for overturning precedent. As the April 20 decision in Ramos v. Louisiana, No. 18-5924, makes clear, the

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California Can’t Usurp USEPA’s Authority Over Roundup® Labeling

Commentary, Federal Preemption /

California’s Attorney General just doesn’t get it. Maybe he’s been watching too many of those slick infomercials trolling for Roundup® “victims.” In 1972 Congress enacted a law—the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)—that gives the U.S. Environmental Protection Agency (EPA) sole and exclusive authority to regulate the content of pesticide product labeling. FIFRA vests EPA

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A Digital Roundtable: INBLF Boutique & Independent Law Firm Leaders Arnie Lutzker & Nancie Marzulla with Larry Ebner

News /

After departing Big Law and launching my own appellate litigation boutique, Capital Appellate Advocacy PLLC, I joined the International Network of Boutique and Independent Law Firms (“INBLF”). INBLF is a unique network of highly experienced boutique law firms—small firms that focus on one or two discrete areas of practice—spread across the United States and Canada.

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