The attached article discusses best practices that in-house counsel should follow in conducting an attorney-client privileged internal investigation of possible regulatory violations.
Tips for Conducting Attorney-Client Privileged Internal Investigations Read More »
For almost 70 years, coal tar-derived creosote has been federally registered for use as a wood preservative. During the past 40 years, the risks and benefits of creosote, like those of other major industrial wood preservatives, have been reevaluated by U.S. EPA in three successive and comprehensive review processes—Special Review, Reregistration Review, and currently, Registration
Four Decades of U.S. EPA Review and Continuous Federal Registration of Creosote Read More »
So the case that you lost—or won—at the trial court level is going to be appealed. What now? If you have not already done so, you should select and engage an appellate attorney. Whom to choose and how to forge a successful relationship with that attorney often involves considerations that are specifically tailored to appellate
How to Choose and Hire an Appellate Attorney Read More »
Frequently asked questions about amicus curiae (friend-of-the-court) briefs, including why and when to file them, are answered in the attached article.
Companies that do business in the United States continue to be justifiably concerned about the exploding number of onerous federal regulations that have been issued by Obama Administration departments and agencies. The Supreme Court’s March 9, 2015 decision in Perez v. Mortgage Bankers Association, No. 13-1041, unavoidably bolstered the Executive Branch’s seemingly free rein by
Supreme Court 411 On Federal Agency 180 Read More »
Anyone interested in constitutional law or the subject of federal preemption of state law should read the Supreme Court’s recent opinion in Armstrong v. Exceptional Child Center, Inc., No. 14-15. The Court held, in an opinion authored by Justice Scalia, that the Constitution’s Supremacy Clause, Art. VI, cl.2, “creates a rule of decision” — courts “must not
Supreme Opinion on the Supremacy Clause Read More »
When is a “question presented” actually presented to the Supreme Court? The Justices debated that issue in Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014). Click here to read more.
Untangling “A Little Snag” At the Supreme Court Read More »
There is an ongoing jurisprudential war over what types of wrongful death or personal injury suits – if any – can be pursued against war-zone contractors that make it possible for the U.S. military to carry out overseas combat operations. This article discusses some of the key defenses.
Defending Battlefield Contractors Read More »
Law360 interviewed Larry Ebner about his appellate litigation practice. Read the interview here.
Q & A With Larry Ebner Read More »
You’ve won your case in a federal court of appeals. Now the only hurdle between you and that long-awaited victory celebration is the certiorari petition that your opponent is sure to file. This article discusses whether, when, and how to oppose a certiorari petition in the U.S. Supreme Court.
When Enough is Enough! How To Oppose a Cert Petition Read More »
