Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts

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When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated […]

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Supreme Court Ditches Amicus Consent Requirement

Amicus Strategy & Procedure, Atlantic Legal Foundation, US Supreme Court /

The Supreme Court on December 5 announced revisions to its rules—including elimination of the requirement that an amicus curiae obtain either the parties’ consent or the Court’s permission prior to filing its friend-of-the-court brief. “Deleting the consent requirement reflects how commonplace the filing of amicus briefs has become in the Supreme Court. The federal courts of appeals should follow

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How To Draft An Amicus Brief That Actually Gets Read

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“Writing amicus curiae (‘friend of the court’) briefs is my favorite activity as an appellate lawyer,” Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner explains at the beginning of  his recent article, How To Draft An Amicus Brief That Actually Gets Read.  Published by the Federation of Defense & Corporate Counsel in

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Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement

All Publications, Amicus Strategy & Procedure, Commentary, Published Articles, US Supreme Court /

The Supreme Court recently proposed to eliminate the requirement to obtain the parties’ consent, or the Court’s permission, to file an amicus brief. I have written a short insight piece for DRI’s new online publication, The Brief Case, about this important development. My article raises a fundamental point about amicus briefs: Since the purpose of

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Amicus Brief Webinar for King County (Washington) Bar Association

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I am delighted that the King County (Washington) Bar Association invited me to present to its members a 60-minute webinar on drafting effective amicus briefs and using them strategically. The webinar, presented live on March 14, 2022, was moderated by Rory Cosgrove of Carney Badley Spellman in Seattle. Rory is a former chair the bar

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Webinar on Supreme Court Practice

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On March 4, 2022, I was pleased to participate in a 90-minute continuing legal education webinar titled “Procedures, Practice Pointers, & Winning Strategies When Your Case is Headed to the U.S. Supreme Court.” The webinar, sponsored by the DuPage County (Illinois) Bar Association, emphasized written Supreme Court advocacy at the certiorari-petition stage, which is where

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Amicus Brief Webinar for Beverly Hills Bar Association

All Publications, Amicus Strategy & Procedure, Atlantic Legal Foundation, Presentations /

On January 14, 2022 I had the privilege of presenting a live webinar for the Beverly Hills Bar Association titled Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically. BHBA President-Elect, Malcolm McNeil,  and a member of the Board of Directors of the Atlantic Legal Foundation, engaged me in a 60-minute conversation that covered

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Panel: Strategic Use of Amicus Briefs In Appellate Litigation

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On May 27, I moderated and participated in a lively panel discussion on Strategic Use of Amicus Briefs In Appellate Advocacy.  Steve Lehotsky of  Lehotsky Keller LLP and Richik Sarkar of Dinsmore & Shohl LLP joined me in the discussion, which was part of the DRI Appellate Advocacy Committee’s annual seminar. Amicus curiae briefs have

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Representing Amici Curiae In High-Profile Appeals

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In its March/April 2021 online and print editions, the Corporate Counsel Business Journal (CCBJ) has published an interview with Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel, Larry Ebner. In the interview, titled Representing Amici Curiae In High Profile Appeals, Larry discusses the important functions that amicus briefs serve in appellate

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