Amicus Brief-Based Analysis of Big Law Firms’ Ideological Leanings Proves Little

All Publications, Commentary, Uncategorized, US Supreme Court /

As a Big Law alumnus who writes and reads a lot of amicus briefs, I’m neither impressed nor surprised by a newly published statistical analysis, Ideological Leanings in Likely Pro Bono BigLaw Amicus Briefs in the United States Supreme Court, Harv. J.L. & Pub. Pol’y Per Curiam (Winter 2024). The analysis, conducted by Prof. Derek […]

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2023 Annual Report – DRI Center for Law and Public Policy

DRI, News /

The DRI Center for Law and Public Policy, which I currently have the privilege of chairing, is DRI’s think tank and advocacy voice. Its recently published 2023 Annual Report highlights the multifaceted activities being pursued by The Center’s Legislation & Rules Committee, Public Policy Committee, Amicus Committee, and their many task forces and working groups,

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ALF Urges 4th Circuit To Enforce Electronic Ticket Arbitration Agreements

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals, Federal Preemption /

Electronic tickets, purchased online for admission to sports, entertainment, and many other types of events, have become ubiquitous. When small groups, such as friends or family, plan to attend an event together, it is customary for one individual to purchase tickets for the group, download them to and store them on his or her mobile

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ALF Argues That Arbitration Act’s “Transportation Worker” Exemption Is Narrow

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, DRI, US Supreme Court /

Section 2 of the Federal Arbitration Act (“FAA”) mandates that arbitration agreements “shall be valid, irrevocable, and enforceable.” 9 U.S.C § 2. Section 1 of the FAA, however, exempts “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.”  9 U.S.C § 1. The Supreme Court

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ALF Urges Supreme Court To Enforce Arbitrator Delegation Clause

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

The Supreme Court repeatedly has recognized that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., embodies a strong federal policy requiring judicial enforcement of private-party agreements to resolve disputes through binding arbitration,  which usually is speedier, more efficient, and less expensive than litigation. To facilitate these benefits, arbitration agreements often contain a “delegation clause”

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ALF Amicus Brief Urges Supreme Court To Decide Where Online Sellers Can Be Sued

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Civil Justice, Uncategorized, US Supreme Court /

Where can a company that offers its products nationwide—either directly through its own interactive website, or indirectly through a third-party online platform such as Amazon—be sued? This is the important, recurring, Internet-age, personal jurisdiction question that the petitioners in Photoplaza, Inc. v. Herbal Brands, Inc., No. 23-504,  are asking the Supreme Court to decide. The certiorari

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FDCC Speaks: Get Out Of Your Practice – Podcast Interview of Larry Ebner

Commentary, Presentations /

The Federation of Defense & Corporate Counsel‘s “FDCC Speaks” Podcast Channel provides a series podcasts of “relevant, substantive information and interviews with thought leaders and experts” from  among the organization’s membership. FDCC defense counsel member Jennifer Hoffman has been conducting a series of podcasts titled “Get Out of Your Practice,” which asks FDCC members about

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Proposition 65 Cancer Warning For Glyphosate Held Unconstitutional

Commentary, Federal Courts of Appeals /

OEHHA—the laughable acronym for the California agency responsible for requiring countless businesses to post ubiquitous Proposition 65 warning signs about hundreds of chemicals found in everyday products—has suffered a major defeat in the 9th Circuit. A panel held 2 to 1 that requiring businesses to provide a cancer warning about glyphosate (the active ingredient in

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ALF & DRI Urge Supreme Court To Limit Civil RICO’s Scope

ALF Amicus Briefs, All Amicus Briefs, Civil Justice, DRI, US Supreme Court /

The Atlantic Legal Foundation and the DRI Center for Law and Public Policy have filed an amicus brief in Medical Marijuana, Inc. v. Horn, No. 23-365, urging the Supreme Court to address the question of whether personal injury claims can be transformed in treble-damages civil RICO suits. Sarah Spencer of Christensen & Jensen and I co-authored

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DRI Center for Law and Public Policy Chair Larry Ebner Talks About The Center’s Deep Bench of Civil Litigation Defense Experts

DRI, Presentations /

I am privileged to chair the DRI Center for Law and Public Policy. The Center is DRI’s think tank and advocacy voice on issues that are important to the civil litigation defense bar and its clients. Click this 90-second video to learn more.

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