Mr. Lawrence S. Ebner
Atlantic Legal Foundation & Capital Appellate Advocacy PLLC
1701 Pennsylvania Avenue, NW
Suite 200
Washington, DC 20006

Phone    (202) 729-6337
Email      lawrence.ebner@capitalappellate.com
Website capitalappellate.com

Type of Case: Civil
Admitted to practice:
Supreme Court
1st Circuit, 2nd Circuit, 3rd Circuit, 4th Circuit, 5th Circuit, 6th Circuit, 7th Circuit, 8th Circuit, 9th Circuit, 10th Circuit, 11th Circuit, D.C., Federal
DC

I have been practicing law in Washington, D.C. since graduating from Harvard Law School in 1972. "Retirement" is not part of my vocabulary.

My practice focuses on appellate litigation involving federal law. This includes cases concerning interpretation or application of the Constitution, federal statutes, or federal regulations; suits against the United States or federal departments or agencies; tort litigation relating to federally regulated or procured products or services; and federal civil justice issues from a business point of view.

In 2016, after 42 years at a now-global law firm, I founded Capital Appellate Advocacy PLLC, my Washington, D.C.-based, nationwide solo-practice appellate litigation boutique. Check out my website at capitalappellate.com.

I also serve as Executive Vice President & General Counsel of the Atlantic Legal Foundation, where I conduct that national, nonprofit, public interest law firm’s renowned amicus curiae (“friend of the court”) program in the Supreme Court, federal courts of appeals, and state appellate courts. ALF advocates for free enterprise, individual liberty, property rights, limited and responsible government, sound science in judicial and regulatory proceedings, and effective education, including parental rights and school choice. Check us out at atlanticlegal.org.

My professional writing and speaking encompasses a broad range of subjects. Some of my favorite topics include emerging civil litigation issues that affect free enterprise, individual liberty, and the federal administrative state; the role of appellate specialists in civil litigation; and preparation and use of amicus curiae briefs in appellate litigation.

My primary professional volunteer activity is serving as Chair of the DRI Center for Law and Public Policy, which engages in advocacy and scholarship on behalf of DRI’s 16,000 civil litigation defense attorney members.

I have been inducted as one of approximately 350 Fellows of the American Academy of Appellate Lawyers, whose membership is reserved for highly skilled and experienced appellate advocates. I also have been chosen as one of approximately 1,200 peer-nominated and vetted Defense Counsel members of the Federation of Defense & Corporate Counsel, where I am a Vice Chair of the Appellate Law Section.

Thomson Reuters has selected me as a Washington, D.C. appellate litigation “Super Lawyer” for 2018, 2019, 2020, 2021, 2022, and 2023.

Degrees:

  • Harvard Law School, J.D.
  • Dartmouth College, B.A.

Practice Focus:

  • Appellate litigation, primarily involving federal law.

Publications:

  • ○ Federal Courts Should Follow Supreme Court's Amicus Stance

    ○ How To Draft An Amicus Brief That Actually Gets Read

    ○ Justices Should Give Feds' Roundup Amicus Little Weight

    ○ Welcome News! Supreme Court Proposes To Ditch The Amicus Brief Consent Requirement (May 2022)

    ○ D.C. Circuit Exploratory Data Ruling Is A Win For Transparency (October 2021)

    ○ Keep Junk Science Away From Juries (May 2021)

    ○ Top 4 FAQs About Appeals (May 2021) (video)

    ○ Appellate Courts Should Welcome Well-Crafted Amicus Briefs (October 2020)

    ○ California Court's Preemption Ruling Clashes With EPA's No-Cancer-Warning Determination for Roundup Labeling" (August 2020)

    ○ "Five-Minute Guide To Trade-Association Amicus Briefs" (July 2020)

    ○ "Will Stare Decisis Save a Woman's Right To Abortion?" (June 2020)

    ○ "DC Circuit's Flynn Ruling Restores Sanity To the Role of Amicus Curiae" (June 2020)

    ○ "Ninth Circuit Herbicide Decision Is Stuck In the Weeds" (June 2020)

    ○ "How Lawyers Can Use LinkedIn To Promote Their Practices" (June 2020)

    ○ "Flynn Case 'Friend' Cannot Act As 11th-Hour Prosecutorial Intermeddler" (May 2020)

    ○ "The Flynn Case Doesn't Need 'Friends' Like These" (May 2020)

    ○ "Email Do's and Don'ts For Lawyers" (April 2020)

    ○ "Supreme Court Justices Continue To Debate When To Overturn 'Bad' Precedent" (April 2020)

    ○ "Flat-Fee Legal Billing Can Liberate Attorneys" (March 2020)

    ○ "Scope and Application of the FIFRA Treated Articles Exemption" (December 2019)

    ○ "The Fuss Over 'Stare Decisis': Four October Term 2018 Rulings Open Window to Justices’ Current Thinking" (September 2019)

    ○ "Make Amicus Briefs Part of Your Advocacy Program" (August 2019)

    ○ "Virginia Uranium Reveals Justices’ Differing Views About the Role of Legislative Intent in Implied Preemption" (June 2019)

    ○ "Newest Justices' Dueling Opinions Sparkle" (June 2019)

    ○ "Reining In the Qui Tam Bar" (May 2019)

    ○ "A Broader View of the U.S. Supreme Court Bar" (April 2019)

    ○ "Redefining "the Supreme Court Bar" (April 2019)

    ○ "Justice Kavanaugh's Debut Supreme Court Opinion" (April 2019)

    ○ "In-House Counsel 'Multi-Purpose Communications' Shielded from FTC Probe" (November 2018)

    ○ "Thinking Amicus," For The Defense (September 2018)

    ○ "Fourth Circuit Holds MDL against Military-Battlefield Contractor Raises Nonjusticiable Political Questions" (July 2018)

    ○ "Supreme Court's Sports Betting Decision Reveals Hidden Preemption Requirement. Law360 (May 2018)

    ○ "Collaborate Collegially on Legal Writing," For The Defense (May 2018)

    ○ "Why I Like Practicing Solo," The Voice, (January 2018)

    ○ "Preemption 101," PestWorld (January 2018)

    ○ "Judge's Dismissal of Toxic-Tort Multidistrict Litigation Against War-Zone Contractor Respects U.S. Military Prerogatives," Legal Backgrounder, Washington Legal Foundation (September 2017), republished in Westlaw Journal Toxic Torts (October 2017)

    ○ "It's Time To Fix FIFRA Preemption," Law 360 (August 2017)

    ○ D.C. Circuit Drone Strike Case Implicates Separation of Powers," Law360 (July 2017)

    ○ "Tough Times For Forum Shoppers," Law360 (June 2017)

    ○ "A Closer Look At Preemptive Federal Contract Terms," Law360 (April 2017)

    ○ "Unconstitutionally Appointed Administrative Law Judges Continue To Haunt SEC, Legal Backgrounder, Washington Legal Foundation (Feb. 2017)

    ○ "Learning the High Art of Amicus Brief Writing," For The Defense (Feb. 2017)

    ○ "Boyle - Justice Scalia's Gift To Government Contractors Confronted With Potential Tort Liability," Bloomberg BNA Federal Contracts Report (May 31, 2016)

    ○ "Tips For Conducting Attorney-Client Privileged Internal Investigations," In-House Defense Quarterly (Winter 2016)

    ○ “Making Strategic Use of Amicus Briefs,” For The Defense (Oct. 2015)

    ○ “How Technology Has Improved Legal Writing,” For The Defense (Oct. 2015)

    ○ “What the Fourth Circuit Will Address in the Abu Ghraib Case,” Law 360 (Sept. 2015)

    ○ “A Federal District Court’s Inverted View of Litigation Holds,” For The Defense (July 2015)

    ○ “Federal Contract Office’s Latest Regulatory Overreach Deserves Supreme Court Review,” Washington Legal Foundation (Apr. 2015)

    ○ “Can FIFRA Preemption Be Revived?” For The Defense, (Apr. 2015)

    ○ “Untangling ‘A Little Snag’ At the Supreme Court,” Certworthy (Mar. 2015)

    ○ “How To Choose & Hire An Appellate Attorney,” In-House Defense Quarterly (Winter 2015)

    ○ “Representing Amici Curiae,” Inside the Minds: Strategies For Appellate Litigation (Thomson Reuters/Aspatore 2014)

    ○ “Protecting Privileged Internal Investigation Communications,” In-House Defense Quarterly (Fall 2014)

    ○ “In-House Litigation Managers Need To “Think Amicus,” Appellate Law 360 (June 2014)

    ○ “D.C. Circuit Shuts Down Another Federal Regulatory ‘Switcheroo,’” Legal Opinion Letter, Washington Legal Foundation (May 2014)

    ○ “Preemption Redemption,” Appellate Law 360 (Apr. 2014) ○ “Amicus Brief FAQs,” In-House Defense Quarterly, DRI—The Voice of the Defense Bar (Summer 2013)

    ○ “Defending Battlefield Contractors,” For The Defense (Apr. 2013)

    ○ “When Enough Is Enough! How To Oppose a Cert Petition,” For The Defense (Aug. 2012)

    ○ “The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend,” Certworthy (Oct. 2011)

    ○ “Four Myths About Federal Preemption of State Tort Claims,” Legal Backgrounder, Washington Legal Foundation (June 2009)

    ○ “President Obama’s ‘Preemption Memo’: Much To Do About Very Little,” Legal Backgrounder, Washington Legal Foundation (June 2009)

    ○ “The Blackberry Case—An Alternate Ending,” Engage, The Federalist Society (Oct. 2006)

    ○ “FIFRA Preemption After Bates v. Dow AgroSciences,” Product Safety & Liability Reporter, Bureau of National Affairs (June 2005)

Representative Cases:

  • AMICUS BRIEFS (Supreme Court unless otherwise indicated)

    Coinbase, Inc. v. Bielski, No. 22-105[co-author]

    Biden v. Nebraska, No. 22-506

    Dep't of Education v. Brown, No. 22-535

    Association des Éleveurs v. Bonta, No. 22-242

    In re Grand Jury, No. 21-1397 [co-author]

    Parents Defending Education v. Linn-Mar Sch. Dist., No. 22-2927 (8th Cir.) [co-author]

    Changizi v. Dep't of Health & Human Servs. (6th Cir.)

    Glenhaven Healthcare v. Saldana, No. 22-192, No. 22-3573

    Mallory v. Norfolk Southern Ry. Co., No. 21-1168

    Suncor Energy v. Bd. of Cty. Comm'rs, No. 21-1550

    SEC v. Cochran, No. 21-1239

    Axon v. FTC, No 21-86 (merits)

    Romeril v. SEC, No. 21-1294

    Sackett v. EPA, No. 21-354

    3M Co. v. Amador, No. 21-1100

    Rivera-Zayas v. Our Lady of Consolation, No. 21-2164 (2d Cir.) Cooper Tire & Rubber Co. v. McCall, No. 21-926

    John K. MacIver Inst. for Pub. Pol'y v. Evers, No. 21-388 [co-author]

    Johnson & Johnson v. Fitch ex rel. Mississippi, No. 21-348

    AMN Services v. Clarke, No. 21-296

    Monsanto Co. v. Hardeman, No. 21-241

    Axon Enterprise, Inc. v. FTC, No. 21-86 (petition)

    Johnson & Johnson v. Ingham, No. 20-1223

    Hamilton v. Speight, No. 20-1123

    Preserve Responsible Shoreline Management v. City of Bainbridge Island, No. 20-787

    BP v. Mayor & City Council of Baltimore, No. 19-1189

    IQVIA, Inc. v. Mussat, No. 20-510

    Gibson v. SEC, No. 20-276

    CACI Premier Technology, Inc. v. Al Shimari, No. 19-468

    Winston-Salem Industries for the Blind. v. PDS Consultants, Inc., No. 19-329

    Home Depot U.S.A., Inc. v. Jackson, No. 17-1471 (petition-stage & merits-stage amicus briefs)

    Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra, No 17-1258

    Medical Device Business Services v. United States ex rel. Nargol, No. 17-1108

    Ferrellgas Partners v. Morgan-Larson, No. 17-441

    Supreme Court of New Mexico v. United States, No. 16-1323

    Schoenefeld v. Schneiderman, No. 16-780

    Bristol-Myers Squibb v. Superior Court, No. 16-466

    FCA U.S. LLC v. The Center for Auto Safety, No. 15-1211

    State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513

    AT&T v. United States ex rel. Heath, No. 15-363

    The Dow Chemical Co. v. Industrial Polymers, Inc., No. 14-1091

    Campbell-Ewald Co. v. Gomez, No. 14-857

    Carpenter Co. v. Ace Foam, Inc., No. 14-577

    CTS Corp. v. Waldburger, No. 13-339

    PARTY COUNSEL:

    Belmora, LLC v. Bayer Consumer Care AG & Bayer Healthcare, LLC, No. 21-195 (Sup. Ct.)

    Pavement Coatings Technology Council v. U.S. Geological Survey, 995 F.3d 1014 (D.C. Circuit 2021)

    Fisher v. Halliburton, 667 F.3d 602 (5th Cir. 2012)

    Taylor v. Kellogg Brown & Root Services, Inc., 658 F.3d 402 (4th Cir. 2011)

    City of New York v. Nat'l RR Passenger Corp., No. 09-1200 (2d Cir. 2010) (summary order)

    CropLife America, Inc. v. City of Madison, 432 F.3d 732 (7th Cir. 2005)

    American Cyanamid Co. v. Geye, 79 S.W.3d 21 (Tex. 2002)

    Etcheverry v. Tri-Ag Service, Inc., 993 P.2d 366 (Cal. 2000)

    Taylor AG Industries v. Pure-Gro, 54 F.3d 555 (9th Cir. 1995)

    Papas v. Upjohn Co., 926 F.2d 1019 (11th Cir. 1991)

Honors and Awards:

  • Washington DC Super Lawyers - Appellate - 2018, 2019, 2020, 2021, 2022, 2023

Nature of Firm's Practice:

  • Flat-fee Appellate Litigation

Other Information:

  • PRESENTATIONS, PANELS, & WEBINARS (since 2008)

    ○ Webinar, Friendly Persuasion: Drafting Effective Amicus Briefs and Using Them Strategically, King County (Washington) Bar Ass'n March 2022)

    ○ Webinar, Procedures, Practice Pointers, & Winning Strategies When Your Case is Headed to the U.S. Supreme Court, DuPage County Bar Ass'n (March 2022)

    ○ Webinar, Friendly Persuasion: Drafting Effective Amicus Briefs and Using Them Strategically, Beverly Hills Bar Ass'n (Jan. 2022)

    ○ Panel, Scientific Evidence In the Courtroom, R Street Institute (Sept. 2021)

    ○ Moderator, Strategic Use of Amicus Briefs In Appellate Litigation, DRI-The Voice of the Defense Bar (May 2021)

    ○ Webinar, Friendly Persuasion: Drafting and Using High-Impact Amicus Briefs, DRI–The Voice of the Defense Bar (July 2019)

    ○ Moderator, The U.S. Supreme Court: How Free Enterprise Fared In the October 2018 Term, Washington Legal Foundation (June 2019)

    ○ Moderator, The Economics of Appellate Practice: Surviving, and Hopefully Thriving, as an Appellate Litigator, DRI Appellate Advocacy Seminar (March 2018)

    ○ Moderator, Handling an Appeal When the Government is a Party, DRI Appellate Advocacy Seminar (May 2017)

    ○ Panelist, Strategic Use of Amicus Briefs in Appellate Advocacy, Strafford Publications (October 2017)

    ○ Panelist, Making Strategic Use of Amicus Briefs, Strafford Publications (April 2016)

    ○ Lead Panelist, The End of the Road for Implied Certification Under the False Claims Act?, Dentons US LLP & Professional Services Council (March 2016)

    ○ Panelist, Winning Private Damages Suits Stemming From Federal Services Contracts, Professional Services Council (Nov. 2015)

    ○ Panelist, Guns for Hire: The Legal, Policy, and Ethical Implications of the Growing Reliance upon Military Contractors, American University-Washington School of Law National Security Law Brief Symposium (May 2015)

    ○ Panelist, Government Contractor Liability for Injuries and Deaths in Combat Zones, Int’l Air & Transportation Safety Bar Ass’n (Nov. 2014)

    ○ Panelist, Public Policy, State Legislation, and Preemption Issues, Briefing: So You Want to Be in the Unmanned Aircraft Systems (UAS) Business . . . Everything You Need to Know, McKenna Long & Aldridge LLP (June 2014)

    ○ Panelist, Battle Space Contractor Preemption and Tort Defense at the Supreme Court, Battle Space & Contingency Procurements Committee, ABA Section of Public Contract Law (June 2014)

    ○ Moderator, Making Sense of Federal Preemption, Annual Judicial Symposium, Nat’l Foundation for Judicial Excellence (July 2013)

    ○ Moderator, Interacting Effectively With the Government When It’s Involved In Your Case, Appellate Advocacy Seminar, DRI-The Voice of the Defense Bar (June 2012)

    ○ Panelist, AEP v. Connecticut: Will the U.S. Supreme Court Shape the Future of Climate Change Litigation?, Bureau of National Affairs Webinar (April 2011)

    ○ Panelist, The Role of State and Federal Courts in Federal Preemption Cases, Annual Judicial Symposium, Nat’l Foundation For Judicial Excellence (July 2009)

    ○ Conference Chair, Congress vs. The States—The Explosive Debate Over Who Gets To Regulate Your Business, McKenna Long & Aldridge LLP (June 2008)