My op-ed on the joy of handling appellate work on a set-fee basis, reproduced below and downloadable above, was published by Law360 on November 4, 2019. It was Law360’s most-viewed Expert Analysis during that week. The op-ed was republished in the February 2020 edition of DRI’s For The Defense magazine. Have you discovered the joy of […]
Flat-Fee Legal Billing Can Liberate Attorneys Read More »
Alan Chvotkin’s extraordinary knowledge of federal government contracting ranges from broad policy issues affecting the government technology and services industry to the minutiae of federal acquisition regulations. As Executive Vice President and Counsel at the Professional Services Council (PSC), he oversees that organization’s legislative and regulatory policy activities. Prior to joining PSC in 2001, Alan
The “victims’ rights bar” is faced with a new challenge: how to convince a jury that a widely used weed control product causes cancer even though after decades of study, the federal agency responsible for regulating the product has concluded that the product “is not a carcinogen,” and that “there are no risks of concern
US EPA’s Glyphosate No-Risk Finding Withers Plaintiffs’ Bar Read More »
This post was reprinted on January 27, 2020 by the Washington Legal Foundation under the title “No Redress: Future Generations’ Overheated Climate-Related Suit Doesn’t Stand” Ninth Circuit Holds That “Kids’ Suit” Plaintiffs Lack Standing On January 17, 2020, climate-change activists ran into a man-made constitutional roadblock called the separation of powers. A Ninth Circuit panel
Climate Alarmists’ “Kids’ Suit” Barred By Separation of Powers Read More »
When the Supreme Court denies certiorari, i.e., declines to hear an appeal, it normally issues a one-line order without explanation. Sometimes, however, one or more Justices will file a formal dissent discussing why the Court should have granted review. Justice Alito’s November 25, 2019 dissent from the denial of certiorari in two related defamation suits,
How Far Does the First Amendment Go To Protect Public Debate About Climate Change? Read More »
This week I filed on behalf of DRI-The Voice of the Defense Bar, through its Center for Law and Public Policy, an amicus curiae brief urging the Supreme Court to review a question that is fundamental to civil litigation fairness: When a private party sues a federal contractor for alleged tortious conduct in connection with
It has been my privilege to advise and represent the Creosote Council since its founding almost 35 years ago. This month, Dave Webb, who is the Creosote Council’s Administrative Director, and I have published a peer-reviewed, open-access article, Scope and Application of the FIFRA Treated Articles Exemption, in the Journal of Transportation Technologies. Our article
EPA Regulation of Wood Preservatives Has Its Limits Read More »
Jay Vroom probably knows as much about the issues confronting the agricultural industry—“agribusiness”—as most anyone in Washington, D.C. In 2018 he stepped down as President and CEO of CropLife America, where he represented the nation’s crop protection pesticide and biotechnology innovators, producers, and distributors for three decades. Earlier in Jay’s career—after growing up on his
I am honored to be joining the DRI Center for Law & Public Policy’s leadership team — Kathy Guilfoyle (Chair), Gardner Duvall and I (Co-Vice Chairs), Steve Puiszis (Immediate Past Chair), Toyja Kelley (DRI Immediate Past President & Officer Liaison), Jill Cranston Rice (Issues & Advocacy Committee Chair), Joseph Hanna (External Policy Allilance Committee Chair),
Larry Ebner Joins DRI Center for Law and Public Policy Leadership Team Read More »
The Clerk of the Supreme Court of the United States has posted a Memorandum To Those Intending To File An Amicus Curiae Brief (October 2019). For attorneys with experience authoring and filing Supreme Court amicus briefs — see Learning the High Art of Amicus Brief Writing — the Clerk’s guidance does not contain any earthshaking
“Friendly Guidance” from the Supreme Court Clerk Read More »
