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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Corporate Counsel Business Journal Interview with Larry Ebner

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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

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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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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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California Court’s Preemption Ruling Clashes with EPA No-Cancer-Warning Determination for Roundup® Labeling

All Publications, Federal Preemption, Published Articles /

The following case analysis was published in the Washington Legal Foundation’s Legal Pulse blog on August 4, 2020. In the WLF Legal Pulse post EPA Finally Flexes Some Preemption Muscle, I explained that last year, the U.S. Environmental Protection Agency (EPA) repudiated California’s attempt, under the State’s Proposition 65 right-to-know law, to require manufacturers of glyphosate weed-control products

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Five-Minute Guide To Trade Association Amicus Briefs

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

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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How Lawyers Can Use LinkedIn To Promote Their Practices

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Larry Ebner, founder of Capital Appellate Advocacy PLLC interviews Nick Kosar, a marketing and web design consultant who specializes in helping attorneys and law firms get their message out using digital and social media, especially LinkedIn. Larry Ebner: Nick, you and I have been working together for more than a year to elevate my appellate

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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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Flynn Case “Friend” Cannot Act As 11th-Hour Prosecutorial Intermeddler

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LAW 360 PUBLISHED THE FOLLOWING OP-ED ON MAY 20, 2020 UNDER THE TITLE “FLYNN JUDGE SHOULD NOT CHANGE ROLE OF AMICUS CURIAE,” AND IS POSTED HERE WITH PERMISSION Law360 (May 20, 2020, 5:50 PM EDT) — As I wrote last week [Law360, May 15, 2020], U.S. District Judge Emmet G. Sullivan’s May 13 appointment of

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The Flynn Case Doesn’t Need “Friends” Like These

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Law 360 published the following Expert Analysis on May 15, 2020 under the title “With Friends Like These: The Amicus Questions In Flynn Case,” and is posted here with permission. Law360 (May 15, 2020, 6:36 PM EDT) — Most Law360 readers are familiar with amicus curiae, or “friend of the court,” briefs, especially at the

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