Lawrence S. EbnerCapital Appellate Advocacy PLLC1701 Pennsylvania Ave., NWSuite 200Washington, D.C. 20006, U.S.A.
Appellate Advocate for Business & Industry
BioLarry Ebner is an accomplished and steadfast advocate for business and industry in federal and state appellate courts throughout the United States. Individual corporations, national trade associations, and professional organizations call upon Larry when they need an experienced and articulate voice in the U.S. Supreme Court, federal courts of appeals, and state appellate courts. After more than 40 years as a Washington, D.C.-based appellate litigator and practice leader at a major law firm, Larry launched his own, nationwide, appellate litigation boutique, Capital Appellate Advocacy PLLC. He is a graduate of Harvard Law School, and a Fellow of the American Academy of Appellate Lawyers. In recognition of his appellate litigation achievements, Larry has been selected to the 2018 Washington DC Super Lawyers list. Clients and colleagues praise Larry for his strategic thinking, as well as for his hands-on approach and analytical, brief-writing, and oral advocacy skills. He has authored hundreds of briefs on complex legal issues – including many a<em>micus curiae (</em>“friend of the court”) briefs – and presented oral arguments in numerous federal and state appeals courts. Much of Larry’s practice focuses on appeals that implicate significant federal interests, such as national defense and security, government procurement, and federal regulation of potentially hazardous products. Larry is particularly well known for his expertise on federal preemption of state and local law. He also represents the interests of business and industry in appeals involving civil justice issues, such as class-action fairness. Larry’s thought leadership is reflected in his prolific professional writing and speaking. He is active in DRI-The Voice of the Defense Bar, where he serves as Chair of the Amicus Committee and a frequent author of Supreme Court <em>amicus curiae</em> briefs and appellate practice-related articles for that 22,000-lawyer organization. Following graduation from Dartmouth College in 1969 and Harvard Law School in 1972, Larry began his legal career as an Honors Program attorney in the Civil Division of the U.S. Department of Justice. EDUCATION Dartmouth College, B.A. (1969) Harvard Law School, J.D. (1972) BAR MEMBERSHIPS District of Columbia Bar Supreme Court of the United States United States Courts of Appeals (all circuits) HONORS Fellow, American Academy of Appellate Lawyers 2018 Super Lawyers - A Top-Rated Appellate Attorney in Washigton, D.C. RECENT AMICUS CURIAE BRIEFS » Home Depot U.S.A., Inc. v. Jackson, No. 17-1471 [removal of counterclaim class-action complaints under CAFA, 28 U.S.C. § 1453(b)] » Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra, No 17-1258 [federal preemption of California statute banning sale of foie gras] » Medical Device Business Services, Inc. v. United States ex rel. Nargol, No. 17-1108 [application of Fed. R. Civ. P. 9(b) to False Claims Act qui tam complaints] » In re KBR, Inc., Burn Pit Litigation, No. 17-1960 (4th Cir.) [application of political question doctrine to damages suits against "battlefield contractors"] » Ferrellgas Partners v. Morgan-Larson, No. 17-441 [continuing-violation exception to 4-year antitrust statute of limitations] » Supreme Court of New Mexico v. United States, No. 16-1323 [federal prosecutors’ compliance with state-imposed professional conduct rules governing issuance of grand jury subpoenas to attorneys] » Schoenefeld v. Schneiderman, No. 16-780 [New York statute imposing in-state physical office requirement against non-resident bar members] » Bristol-Myers Squibb v. Superior Court, No. 16-466 [California state-court exercise of specific jurisdiction over out-of-state plaintiffs’ product liability claims against out-of-state corporate defendants] » FCA U.S. LLC v. The Center for Auto Safety, No. 15-1211 [federal standard for unsealing of discovery documents containing confidential business information] » State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513 [sanction for violation of False Claims Act qui tam suit mandatory seal requirement] » AT&T v. United States ex rel. Heath, No. 15-363 [judicial enforcement of Fed. R. Civ. P. 9(b) fraud-pleading requirements in False Claims Act qui tam suits] » The Dow Chemical Co. v. Industrial Polymers, In., No. 14-1091 [class-certification principles governing predominance & commonality] » Campbell-Ewald Co. v. Gomez, No. 14-857 [class-action mootness & derivative sovereign immunity] » Carpenter Co. v. Ace Foam, Inc., No. 14-577 [Supreme Court jurisdiction to review class-certification decisions where a federal court of appeals has denied interlocutory review] » CTS Corp. v. Waldburger, No. 13-339 [viability of state statutes of repose governing CERCLA hazardous substance-related personal injury & property damage suits] PUBLICATIONS (since 2005) ○ “Collaborate Collegially on Legal Writing,” For The Defense (May 2018) ○ "Supreme Court's Sports Betting Decision Reveals Hidden Preemption Requirement,” Law360 (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) PRESENTATIONS, PANELS, & WEBINARS (since 2008) ○ Webinar, Friendly Persuasion: Drafting and Using High-Impact Amicus Briefs, DRI–The Voice of the Defense Bar (upcoming) ○ 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)