Amicus Brief Webinar for Beverly Hills Bar Association

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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Hispanic-Americans May Be the Real Victims of the Flanax Litigation

The following commentary was originally published by Jurist on November 5, 2021. My client, Jamie Belcastro, a registered pharmacist, started Belmora LLC, a small, Virginia-based company that sells nonprescription Flanax pain relief products, about 20 years ago. For much of this time Bayer AG, the multinational pharmaceutical corporation headquartered in Germany—whose gross revenues approach $

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D.C. Circuit’s Exploratory Data Ruling Is A Win For Transparency

When scientists employed by universities, nonprofit institutes, or corporations publish scientific studies, they routinely make their underlying research data available to peer reviewers and anyone else who is interested. A recent D.C. Circuit decision¸ Pavement Coatings Technology Council v. United States Geological Survey, 995 F.3d 1014 (D.C. Cir. 2021), confirms that federal government scientists should

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R Street Institute Panel: Scientific Evidence In the Courtroom

On September 9, 2021 I participated in a panel discussion on Scientific Evidence In the Courtroom.  The panel, part of a virtual event on sponsored by the R Street Institute, was moderated by R Street Fellow Anthony Marcum and also included former Boston Scientific General Counsel Tim Pratt. Our panel focused on the trial court

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Panel: Strategic Use of Amicus Briefs In Appellate Litigation

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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Keep Junk Science Away From Juries

Law360 has published my Expert Analysis/Opinion, Keep Junk Science Away From Juries. The article explains that juries are being called upon to assess an increasingly broad range of scientific issues—ranging from medical causation in class-action/mass-action product liability litigation to the alleged effects of fossil-fuel emissions in climate-change damages suits. For this reason, trial judges’ “gatekeeper”

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Representing Amici Curiae In High-Profile Appeals

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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Corporate Counsel Business Journal Interview with Larry Ebner

In its March/April 2021 online and print editions, the Corporate Counsel Business Journal (CCBJ) has published an interview with Atlantic Legal Foundation (ALF) Executive Vice President & General Counsel, Larry Ebner. The interview was arranged by Kristin Calve, Publisher & Co-Founder of CCBJ and a member of the Foundation’s Board of Directors. In the interview,

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Larry Ebner Quoted About Importance of Supreme Court Climate-Change Case

On January 19, 2021 the U.S. Supreme Court heard oral argument in BP v. Baltimore, a case in which the Atlantic Legal Foundation filed an amicus brief arguing that climate-change damages suits belong – if anywhere – in federal, not state, courts. The case involves a procedural issue which has significant  implications regarding whether climate-change suits filed

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