Supreme Court’s Sports Betting Decision Reveals Hidden Preemption Requirement

All Publications, Federal Preemption, Published Articles, US Supreme Court /

On May 14, the Supreme Court held in Murphy v. National Collegiate Athletic Association that the federal Professional and Amateur Sports Protection Act (“PASPA”) is unconstitutional. The Court ruled that PASPA’s  prohibition against States authorizing sports betting violates the “anticommandeering principle,” which precludes Congress from directing States to take, or refrain from taking, particular legislative […]

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Trade Associations Want to Know: How Much Does an Amicus Brief Cost?

Amicus Strategy & Procedure, Commentary /

The proliferation of amicus curiae (friend-of-the-court) briefs in federal and state appellate courts—particularly in the U.S. Supreme Court—repeatedly raises the question of how much will an amicus brief cost? For most industry groups and other organizations interested in filing amicus briefs, my answer, as an appellate specialist who practices independently, is “less than you might expect—a

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Larry Ebner Among Seven Independent Appellate Attorneys in Washington, DC on 2018 Super Lawyers List

News /

I am honored to be one of seven solo practitioners in the District of Columbia included on the 2018 Washington, D.C. Super Lawyers list as a “Top Rated Appellate Lawyer.”  The Super Lawyer designation is a welcome complement to my decision, after almost 45 years of legal practice with a large law firm, to open

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Who Needs “Calexit”? California Already Pretends It’s A Separate Nation

Commentary, US Supreme Court /

The so-called “Calexit” secession initiative not only is nonsensical, but also superfluous. California in many ways already acts as if it were its own sovereign nation, defiant of federal authority and oblivious to the interests of other States. This is federalism on steroids. In early April, Missouri and 10 other States filed an amicus curiae

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all things amicus

France Urges Supreme Court To Overturn California’s Foie Gras Ban

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

I recently had the honor of authoring an amicus brief for the Republic of France relating to federal preemption and France’s product identity and ingredient standards. French law declares that foie gras (specially fattened duck or goose liver) is part of France’s “protected cultural and gastronomic heritage.” To produce foie gras, ducks and geese are

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DRI Center for Law & Public Policy Focuses on Civil Justice

Commentary, DRI /

Through scholarship, legal expertise, and advocacy, the Center for Law and Public Policy acts as a think tank and public voice for DRI and its 22,000 members on issues of importance to the civil litigation defense bar. As Chair of the DRI Amicus Committee, I am privileged to be part of the Center’s leadership. We met at DRI

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DRI Panel: Economics of Appellate Practice – Surviving, and Hopefully Thriving, as an Appellate Litigator

DRI, Presentations /

On March 14 I had the privilege of moderating a lively and insightful panel on The Economics of Appellate Practice:  Surviving, and Hopefully Thriving, as an Appellate Litigator at the DRI Appellate Advocacy Seminar in Las Vegas. The three panelists – Wendy Cole Lascher, Partner at Ferguson Case Orr Patterson LLP, Ventura, California; Richard M. Wolff, Vice President-Complex

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all things amicus

Government Contractor Groups Urge Supreme Court To Enforce High Hurdle For Would-Be Whistleblowers

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

The nation’s three leading  government contractor organizations—The Coalition for Government Procurement, the National Defense Industrial Association, and the Professional Services Council—are jointly urging the Supreme Court to clarify the “particularity” with which a False Claims Act qui tam relator must allege fraud in order to survive a motion to dismiss. The groups’ amicus curiae brief, authored by Capital

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