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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Op-Ed: Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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The following Op-Ed, published in Law360 on October 9, 2020, was written by Atlantic Legal Foundation Senior Vice President & General Counsel and Capital Appellate Advocacy founder Larry Ebner. Amicus curiae, or friend of the court, briefs have become a routine part of federal appellate practice. Hundreds of them are filed every year in the

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Five-Minute Guide To Trade Association Amicus Briefs

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Does your association focus on legal, legislative, regulatory, or public policy issues? If so, amicus curiae (“friend of the court”) briefs should be part of your advocacy program. This Five-Minute Guide to Trade Association Amicus Briefs explains the amicus brief basics that every association should know. What Is an Amicus Brief? Amicus curiae briefs are

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

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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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Flat-Fee Legal Billing Can Liberate Attorneys

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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

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“Friendly Guidance” from the Supreme Court Clerk

Amicus Strategy & Procedure, Commentary, US Supreme Court /

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

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Make Amicus Briefs Part of Your Advocacy Program

All Publications, Amicus Strategy & Procedure, Federal Courts of Appeals, Published Articles, State Appellate Courts, US Supreme Court /

Trade associations and professional organizations do not have to sit on the sidelines while the Supreme Court or lower appellate courts consider legal issues that may significantly affect their members. Amicus curiae (“friend of the court”) briefs give entire industries and professions a direct line of communication to appellate courts on the policy implications and practical

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You Too Can Be a Supreme Court Practitioner

Amicus Strategy & Procedure, US Supreme Court /

DRI Panel: What Does It Take To Develop and Conduct a U.S. Supreme Court Practice? Two Supreme Court practitioners, a nationally renown legal marketing & brand strategy expert, and a highly experienced Supreme Court printer, will answer this question in detail during the “You Too Can Be a Supreme Court Practitioner” panel at the DRI

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Redefining “the Supreme Court Bar”

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Groucho Marx famously said “I don’t want to belong to any club that would accept me as a member.” Unlike Groucho’s club, the Supreme Court Bar is a “club” in which a multitude of talented appellate lawyers throughout the United States—not just an elite handful of marquee players—can be, should be, and in fact are,

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