Unconstitutionally Appointed Administrative Law Judges Continue to Haunt SEC

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Are Securities and Exchange Commission (SEC) administrative enforcement proceedings constitutional? According to a recent, well-reasoned opinion issued by the US Court of Appeals for the Tenth Circuit, Bandimere v. SEC, 844 F.3d 1168 (10th Cir. 2016), the answer is no.   Bandimere focuses on SEC Administrative Law Judges (ALJs), who preside over in-house, trial-type proceedings […]

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DRI Appoints Larry Ebner Amicus Committee Chair

DRI, News /

DRI-The Voice of the Defense Bar has appointed Lawrence S. Ebner to serve as chair of the 22,000-lawyer organization’s Amicus Committee. The Amicus Committee selects U.S. Supreme Court cases for DRI amicus (“friend of the court”) participation. Mr. Ebner is founder of Capital Appellate Advocacy PLLC, a Washington, D.C.-based appellate litigation boutique that represents businesses and industries in high-stakes

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Current Eight-Justice Court Agrees To Tackle Complex Litigation Issues That May Affect Businesses

Commentary, US Supreme Court /

Perhaps in anticipation of soon being joined by a ninth Justice, the Supreme Court agreed in mid-January to decide a number of litigation-related issues that may directly affect U.S. businesses: Because each of these issues has the potential to affect a broad range of U.S. businesses and industries, each of the Supreme Court cases in which they

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In-House Bar Amicus Brief Supports Supreme Court Review of Discriminatory NY “Law Office” Statute

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

Lawrence S. Ebner, founder of Capital Appellate Advocacy PLLC, has filed an amicus curiae brief on behalf of the Association of Corporate Counsel supporting the petition for writ of certiorari in Schoenefeld v. Schneiderman, No. 16-780.  The certiorari petition requests the U.S. Supreme Court to review the constitutionality of New York Judiciary Law § 470.   In

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Podcast: Supreme Court Opinion Undermines Integrity of FCA Qui Tam Scheme

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At the invitation of The Federalist Society, Larry Ebner, founder of Capital Appellate Advocacy PLLC, conducted a 45-minute teleforum on the shortcomings and practical impact of the Supreme Court’s December 6, 2016 opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No.15-513.   The Court unanimously held that dismissal is not required

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Leaving BigLaw Behind: Law360 Interviews Capital Appellate Advocacy’s Larry Ebner

News /

BigLaw Alums Q&A: Capital Appellate’s Larry Ebner Law360, New York (December 13, 2016, 3:59 PM EST) — Lawrence S. Ebner is the founding member of Washington, D.C.-based appellate litigation boutique, Capital Appellate Advocacy PLLC, where he focuses on federal issues at the Supreme Court and in federal courts of appeals throughout the United States. He is a fellow

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Supreme Court’s FCA Seal Violation Opinion Lacks Needed Guidance

Commentary, US Supreme Court /

The U.S. Supreme Court’s unanimous opinion in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15­513 (Dec. 6, 2016), is a disappointingly narrow decision. It merely holds that dismissal of a False Claims Act qui tam suit for violation of the “seal” provision, 31 U.S.C. § 3730(b)(2), is not mandatory.

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Supreme Court Punts On Another Federal Preemption Product-Liability Conundrum

Commentary, Federal Preemption, US Supreme Court /

What do prescription drugs, motor boats, pesticides, automobiles, medical devices, locomotives, cigarettes, vaccines, and oil tankers have in common?  During the past 25 years, each has been the subject of at least one Supreme Court opinion concerning federal preemption of state-law product liability claims.  No uniform rule has emerged from those opinions (e.g., there is

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Justices Should Consider Harm To Qui Tam Defendants

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The unresolved question debated at the November 1 U.S. Supreme Court hearing in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, involves the standard for dismissing a False Claims Act qui tam suit where the relator (i.e., whistleblower plaintiff), or the relator’s attorney, willfully violates the statute’s mandatory seal

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Abu Ghraib Contractor Still Faces Potential Tort Liability for Alleged Detainee Abuse

All Publications, Commentary, Federal Courts of Appeals, Published Articles /

The Iraq War is still being fought, but in the federal courts rather than on foreign battlefields.  On October 21, 2016, a panel of the U.S. Court of Appeals for the Fourth Circuit issued what is probably the most refined and nuanced opinion of any federal court on the question of whether the political question

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