On April 22, 2026 I participated in a live Zoom Webinar on the then-upcoming Supreme Court oral argument in Monsanto Co. v. Durnell (24-1068). As I explained in a recent Law360 article, Durnell afford the Court an opportunity to revisit its decision in Bates v. Dow AgroSciences LLC, 544 U.S. 431 (2005), and reaffrim that […]
Monsanto Co. v. Durnell: A Supreme Court Oral Argument Preview Read More »
I was pleased to be part of a panel on “Amicus Briefs at the Trial and Appellate Levels” at the Federation of Defense & Corporate Counsel’s Winter Meeting in Scottsdale, Arizona on February 27, 2026. The panel, sponsored by FDCC’s Appellate Law Section, which I chair, was moderated by Angela Flowers and also included Matt
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Kristin Calve, Editor & Publisher at the Corporate Counsel Business Journal, recently interviewed ALF Chairman & President Dan Fisk and Executive Vice President & General Counsel Larry Ebner about the use of amicus curiae briefs— specifically, why in-house litigation managers should “think amicus” whenever their company is involved in an appeal, or when they become aware of appeals involving legal issues that are
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On February 14, 2025 the U.S. Judicial Conference’s Advisory Committee on Appellate Rules heard testimony via Teams on proposed amendments to Federal Rule of Appellate Procedure 29. The proposed amendments would (i) expand the funding-related disclosure requirements set forth in Rule 29(a)(4)(E), and (ii) eliminate the filing of court of appeals amicus briefs with the
Testimony Before U.S. Judicial Conference Advisory Committee on Appellate Rules Read More »
On June 21, 2024 I was privileged to moderate and speak on a Supreme Court review panel at the annual INBLF Litigation Fly-In in the Chicago area. Seven of us appellate specialists provided insights on recent or impending Supreme Court decisions of our choice. Charlie Frazier, Nancie Marzulla, and Charly Kagay are pictured above. And
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On March 4, 2024, Larry Ebner presented a webinar for the Dartmouth Lawyers Association on How To Write and Use Amicus Briefs Strategically. Interviewed by DLA Treasurer Hilary B. Miller, Larry, a 1969 Dartmouth College graduate, covered key questions from the viewpoints of both amicus brief authors and parties seeking amicus support. For example— Click
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(L-R): Angela Flowers, Elissa Haynes, Larry Ebner, Miranda Soto, Ann Trivett, Caryn Lilling At the 2024 Winter Meeting of the Federation of Defense & Corporate Counsel in St. Petersburg, Florida, I organized and moderated a lively and insightful panel on the many benefits of including an appellate specialist in a trial team. Our distinguished panelists,
Posturing Your Case To Win On Appeal Read More »
The Federation of Defense & Corporate Counsel‘s “FDCC Speaks” Podcast Channel provides a series podcasts of “relevant, substantive information and interviews with thought leaders and experts” from among the organization’s membership. FDCC defense counsel member Jennifer Hoffman has been conducting a series of podcasts titled “Get Out of Your Practice,” which asks FDCC members about
FDCC Speaks: Get Out Of Your Practice – Podcast Interview of Larry Ebner Read More »
I am privileged to chair the DRI Center for Law and Public Policy. The Center is DRI’s think tank and advocacy voice on issues that are important to the civil litigation defense bar and its clients. Click this 90-second video to learn more.
Last April, the Supreme Court’s unanimous combined judgment in Axon Enterprise, Inc. v. FTC & SEC v. Cochran opened federal district court doors to litigation challenging the structural constitutionality of civil administrative enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This
