Law360 – Coping With a Pandemic: Appellate Specialist Larry Ebner

The following Q&A is reprinted from the April 27, 2020 editions of Law360 (April 27, 2020, 3:27 PM EDT) — With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions  from around the business and legal community. Today’s perspective comes from Washington, D.C.-based Lawrence Ebner, founder of Capital Appellate Advocacy PLLC. […]

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Supreme Court Justices Continue to Debate When to Overturn “Bad” Precedent

Reprinted from Washington Legal Foundation’s Legal Pulse (April 22, 2020) Last Fall I wrote a Legal Backgrounder for Washington Legal Foundation, The Fuss Over Stare Decisis, that highlighted several October Term 2019 Supreme Court decisions in which the Justices’ debated the criteria for overturning precedent. As the April 20 decision in Ramos v. Louisiana, No. 18-5924, makes clear, the

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California Can’t Usurp USEPA’s Authority Over Roundup® Labeling

California’s Attorney General just doesn’t get it. Maybe he’s been watching too many of those slick infomercials trolling for Roundup® “victims.” In 1972 Congress enacted a law—the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)—that gives the U.S. Environmental Protection Agency (EPA) sole and exclusive authority to regulate the content of pesticide product labeling. FIFRA vests EPA

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A Digital Roundtable: INBLF Boutique & Independent Law Firm Leaders Arnie Lutzker & Nancie Marzulla with Larry Ebner

After departing Big Law and launching my own appellate litigation boutique, Capital Appellate Advocacy PLLC, I joined the International Network of Boutique and Independent Law Firms (“INBLF”). INBLF is a unique network of highly experienced boutique law firms—small firms that focus on one or two discrete areas of practice—spread across the United States and Canada.

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Flat-Fee Legal Billing Can Liberate Attorneys

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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A Digital Conversation Between Professional Services Council Executive Vice President and Counsel Alan Chvotkin & Larry Ebner

Alan Chvotkin’s extraordinary knowledge of federal government contracting ranges from broad policy issues affecting the government technology and services industry to the minutiae of federal acquisition regulations. As Executive Vice President and Counsel at the Professional Services Council (PSC), he oversees that organization’s legislative and regulatory policy activities. Prior to joining PSC in 2001, Alan

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US EPA’s Glyphosate No-Risk Finding Withers Plaintiffs’ Bar

The “victims’ rights  bar” is faced with a new challenge: how to convince a jury that a widely used weed control product causes cancer even though after decades of study, the federal agency responsible for regulating the product has concluded that the product “is not a carcinogen,” and that “there are no risks of concern

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Climate Alarmists’ “Kids’ Suit” Barred By Separation of Powers

This post was reprinted on January 27, 2020 by the Washington Legal Foundation under the title “No Redress: Future Generations’ Overheated Climate-Related Suit Doesn’t Stand”  Ninth Circuit Holds That “Kids’ Suit” Plaintiffs Lack Standing On January 17, 2020, climate-change activists ran into a man-made constitutional roadblock called the separation of powers. A Ninth Circuit panel

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How Far Does the First Amendment Go To Protect Public Debate About Climate Change?

When the Supreme Court denies certiorari, i.e., declines to hear an appeal, it normally issues a one-line order without explanation. Sometimes, however, one or more Justices will file a formal dissent discussing why the Court should have granted review. Justice Alito’s November 25, 2019 dissent from the denial of certiorari in two related defamation suits,

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