Lawrence S. Ebner
Top rated Appellate attorney in Washington, Washington DC
Capital Appellate Advocacy PLLC
Practice Areas: Appellate
Licensed in Washington DC since: 1973
Education: Harvard Law School
Capital Appellate Advocacy PLLC
1701 Pennsylvania Ave. NWSuite 200
Washington, DC 20006 Phone: 202-729-6337 Email: Lawrence S. Ebner Visit website
Details
Independent, Pro-Business, Flat-Fee Appellate Specialist With a Half- Century of Litigation Experience
I am a Washington, D.C.-based appellate specialist who wears two hats:
At my independent, nationwide, appellate litigation boutique, Capital Appellate Advocacy PLLC, I handle appeals for individual corporations and write amicus curiae (friend of the court) briefs for entire industries, primarily in the Supreme Court and federal courts of appeals. I charge clients a flat fee rather than bill by the hour.
At the Atlantic Legal Foundation, a national, nonprofit, public interest law firm, I am Executive Vice President & General Counsel. I conduct the Foundation’s amicus program by writing Supreme Court and lower court briefs in cases involving individual liberty, free enterprise, protection of property rights, limited and responsible government, sound science in judicial and regulatory proceedings, and effective education, including parental rights and school choice.
My volunteer professional activities include serving as Chair of the DRI Center for Law and Public Policy and Chair of the Appellate Law Section of the Federation of Defense & Corporate Counsel.
I am proud to be a Fellow of the American Academy of Appellate Lawyers and a graduate of Dartmouth College and Harvard Law School.
My legal career began in 1972 as an Honors Program attorney in the Civil Division of the U.S. Department of Justice. Two years later I joined a now-global law firm. Launching my own law firm in 2016 was the best decision of my legal career.
Barbara Ebner and I have been married for 51 years. We enjoy traveling throughout the United States, especially Hawaii, and spending as much time as possible with our two daughters and their husbands, and with our six grandchildren.
First Admitted: 1972, Washington DC
Professional Webpage: http://capitalappellate.com/
Educational Background:
- Harvard Law School, J.D., 1972
- Dartmouth College, B.A. With Honors, Phi Beta Kappa, 1969
Representative Clients:
- Atlantic Legal Foundation, 2021
- Belmora LLC, 2021
- Creosote Council, 2021
- National Pest Management Association, 2021
- Nisus Corp., 2021
Videos:
- This webinar on amicus brief preparation and use was recorded on January 14, 2020 and sponsored by the Beverly Hills Bar Association, Friendly Persuasion: Drafting Effective Amicus Briefs & Using Them Strategically, 2022
- All you need to know about why flat-fee legal billing is often better than hourly billing., Flat-Fee Billing is Better for Lawyers & Their Clients, 2022
- These are the 4 questions I am asked most often as an appellate attorney., Top 4 FAQs About Appeals, 2022
- This webinar was sponsored by the R Street Institute and recorded on September 9, 2021., Scrutinizing the Role of Expertise and Scientific Evidence in the Legal and Regulatory Arenas, 2021
- Why I enjoy practicing appellate law independently., Celebrating 4 years as an Independent Appellate Advocate, 2020
- Washington Legal Foundation Supreme Court review program (July 2019), How Free Enterprise Fared During the Supreme Court's October 2018 Term, 2019
Honors/Awards:
- , Lawrence Ebner Appointed To Law360 Appellate Editorial Advisory Board, Law360, 2023
- See link, Lawrence Ebner Appointed Chair of DRI Center for Law & Public Policy, DRI-The Voice of the Defense Bar, 2022
- , Lawrence Ebner Appointed Vice Chair of Appellate Law Section, Federation of Defense & Corporate Counsel, 2022
- Lawrence S. Ebner elected Executive Vice President & General Counsel of Atlantic Legal Foundation, Atlantic Legal Foundation, 2021
- , Lawrence S. Ebner elected peer-nominated and vetted Defense Counsel Member of Federation of Defense & Corporate Counsel, Federation of Defense & Corporate Counsel, 2021
- Super Lawyers, Larry Ebner One of Three D.C. Solo Appellate Specialists On 2020 Super Lawyers List, 2020
- See press release here, Lawrence S. Ebner Elected Senior Vice President & General Counsel of Atlantic Legal Foundation, Atlantic Legal Foundation, 2020
- Super Lawyers, Larry Ebner Among Seven Independent Appellate Attorneys in Washington, DC Selected to 2018 Super Lawyers List, 2018
- American Academy of Appellate Lawyers, Larry Ebner Elected a Fellow of the American Academy of Appellate Lawyers, 2016
Scholarly Lectures/Writings:
- See link, Author, Federal Judge's Amici Invitation Is A Good Idea, With Caveats, Law360, 2023
- see link, Principal Author, Op-Ed: Feds' Student Debt Relief Defense Has Constitutional Flaws, Law360, 2023
- see link, Author, Federal Courts Should Follow Supreme Court's Amicus Stance, Law360, 2022
- See link, Author, How To Draft An Amicus Brief That Actually Gets Read, Insights/Federation of Defense & Corporate Counsel, 2022
- see link, Author, Justices Should Give Feds' Roundup Amicus Little Weight, Law360, 2022
- see article, Author, Welcome News! The Supreme Court Proposes to Ditch the Amicus Brief Consent Requirement, DRI/The Brief Case, 2022
- see above, Organizer & Presenter, Live Webinar: Procedures, Practice Pointers, & Winning Strategies When Your Case is Headed to the U.S. Supreme Court, DuPage County (IL) Bar Association, 2022
- watch video, Presenter, Live Webinar: Drafting Effective Amicus Briefs and Using Them Strategically, Beverly Hills (CA) Bar Association, 2022
- see above, Presenter, Live Webinar: Drafting Effective Amicus Briefs and Using Them Strategically, King County (WA) Bar Association, 2022
- see link, Hispanic-Americans May Be the Real Victims of the Flanax Litigation, JURIST, 2021
- See link, Principal Author, D.C. Circuit Exploratory Data Ruling Is A Win For Transparency, Law360, 2021
- see link, Top 4 FAQs About Appeals, Capital Appellate Advocacy PLLC, 2021
- see link, Keep Junk Science Away From Juries, Law360, 2021
- see link, NYC Climate Change Suit Melts in Second Circuit, Capital Appellate Blog, 2021
- see link, Flat-Fee Billing Is Better For Clients & Their Lawyers, Capital Appellate Blog, 2021
- see link, Ebner Quoted on Significance of Supreme Court Opinion in Climate-Change Litigation, Inside Climate News, 2021
- see link, Larry Ebner Quoted About Importance of Supreme Court Climate Change Case, Inside Climate News, 2021
- see link, Interviewee, Representing Amici Curiae In High-Profile Appeals, Corporate Counsel Business Journal, 2021
- see link, Appellate Courts Should Welcome Well-Crafted Amicus Briefs, Law360, 2020
- see link, Five-Minute Guide To Trade Association Amicus Briefs, Capital Appellate Advocacy PLLC, 2020
- see link, California Court’s Preemption Ruling Clashes with EPA No-Cancer-Warning Determination for Roundup Labeling, Washington Legal Foundation, 2020
- see link, Co-Author, How Appellate Lawyers Can Use LinkedIn to Promote Their Practices, DRI-The Voice of the Defense Bar, 2020
- see link, Flynn Judge Should Not Change Role of Amicus Curiae, Law360, 2020
- see link, With Friends Like These: The Amicus Issues In Flynn Case, Law360, 2020
- see link, Coping With A Pandemic: Appellate Specialist Larry Ebner, Law360, 2020
- see link, Email Do's & Don'ts for Lawyers, DRI-The Voice of the Defense Bar, 2020
- see link, Supreme Court Justices Continue To Debate When To Overturn "Bad" Precedent, Legal Pulse - Washington Legal Foundation, See Link, 2020
- see link, Flat-Fee Legal Billing Can Liberate Attorneys, DRI For The Defense (Feb. 2020) (reprinted from Nov. 4, 2019 Law360), 2020
- see link, A Digital Conversation Between Professional Services Council Executive Vice President and Counsel Alan Chvotkin & Larry Ebne, Capital Appellate Advocacy , 2020
- see link, A Digital Roundtable: INBLF Boutique & Independent Law Firm Leaders Arnie Lutzker & Nancie Marzulla with Larry Ebner, Capital Appellate Advocacy, 2020
- see link, US EPA's Glyphosate No-Risk Finding Withers Plaintiffs' Bar, Capital Appellate Advocacy, 2020
- see link, California Can’t Usurp USEPA’s Authority Over Roundup® Labeling, Capital Appellate Advocacy, 2020
- see link, No Redress: Future Generations' Overheated Climate-Related Suit Doesn't Stand, Legal Pulse / Washington Legal Foundation, 2020
- see link, How Far Does the First Amendment Go To Protect Climate Change?, Capital Appellate Advocacy, 2020
- see link, A Digital Conversation Between Jay Vroom, Trade Association Veteran & Agribusiness Expert, and Larry Ebner, Capital Appellate Advocacy, 2019
- see link, he Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, Washington Legal Foundation - Legal Backgrounder, 2019
- see link, Make Amicus Briefs Part of Your Advocacy Program, American Society of Association Executives, 2019
- See link, Author, Scope and Application of FIFRA Treated Articles Exemption, Journal of Transportation Technologies, Transportation, Railroad, Utilities, Construction, 2019
- see link, Flat-Fee Legal Billing Can Liberate Attorneys, Law360, 2019
- see link, The Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, Washington Legal Foundation, 2019
- Available upon request., Reining In the Qui Tam Bar, Service Contractor / Professional Services Council, 2019
- see link, Pesticide Ban Bills Ditch Science For Politics, Capital Appellate Advocacy, 2019
- see link, Supreme Court’s Double-Jeopardy Decision Bolsters Politically Motivated State Prosecutors, Capital Appellate Advocacy, 2019
- see link, Justice Thomas Challenges Congress To Learn How To Say What It Means, Capital Appellate Advocacy, 2019
- see link, Supreme Court Holds that 14-Day Limit for Appealing Class-Certification Orders is Inflexible, Capital Appellate Advocacy, 2019
- see link, Sweet Victory for Free Speech, Capital Appellate Advocacy, 2019
- see link, Who is Suing Who, and Why?, Capital Appellate Advocacy, 2019
- see link, Trial & Appellate Lawyers' Teamwork Produces Fourth Circuit Victory, Capital Appellate Advocacy, 2019
- see link, Interview: Larry Ebner on Executive Leaders Radio, 2019
- see link, Supreme Court Should Restore Level Playing Field For Consumer Class Actions, Capital Appellate Advocacy , 2019
- See link, Government Contractor, Back in the Fourth Circuit, Continues to Seek Immunity in Suit By Former Abu Ghraib Detainees, Capital Appellate Advocacy, 2019
- See link, Moderator, THE U.S. SUPREME COURT: How Free Enterprise Fared in October Term 2018, Washington Legal Foundation, 2019
- See link, Virginia Uranium Reveals Justices’ Differing Views About the Role of Legislative Intent in Implied Preemption, Washington Legal Foundation, 2019
- See link, Newest Justices' Dueling Opinions Sparkle, DRI-The Voice of the Defense Bar, 2019
- See link, A Broader View of the U.S. Supreme Court Bar, Law360 , 2019
- See link, Justice Kavanaugh's Debut Supreme Court Opinion , DRI - The Voice of the Defense Bar, 2019
- Why I Like Practicing Solo, DRI-The Voice of the Defense Bar, 2018
- Defending Battlefield Contractors, DRI-The Voice Of The Defense Bar, 2013
- Moderator, Panel: Handling An Appeal When the Government Is a Party, DRI-The Voice of the Defense Bar, 2017
- Supreme Court's Sports Betting Decision Reveals Hidden Preemption Requirement, Law360, 2018
- U.S. Supreme Court amicus brief authored by Lawrence S. Ebner, France Urges Supreme Court To Overturn California's Foie Gras Ban, 2018
- U.S. Supreme Court amicus brief authored by Lawrence S. Ebner, Government Contractor Groups Urge Supreme Court To Enforce High Hurdle For Would-Be Whistleblowes, 2018
- Appellate Briefs Blog: Friends At What Cost?, 2018
- Appellate Briefs Blog: Who Needs "Calexit"? California Already Prentends It's A Separate Nation, 2018
- Tough Times for Forum Shoppers, Law360, 2017
- Moderator, DRI Panel: Economics of Appellate Practice – Surviving, and Hopefully Thriving, as an Appellate Litigator, 2018
- A Closer Look At "Preemptive" Federal Contract Terms, Law360, 2017
- U.S. Court of Appeals for the Fourth Circuit amicus brief authored by Lawrence S. Ebner, Defense Industry Groups Urge Federal Appeals Court To Respect U.S. Military’s Wartime Judgments, 2017
- Learning The High Art Of Amicus Brief Writing, DRI-The Voice of the Defense Bar, 2017
- U.S. Supreme Court amicus brief authored by Lawrence S. Ebner, DRI Urges Supreme Court To Review Class-Action Fairness Issue, 2018
- It's Time to Fix FIFRA Preemption, Law360, 2017
- Collaborate Collegially on Legal Writing, DRI, For The Defense, 2018
- In-House Counsel "Multi-Purpose" Communications Shielded from FTC Probe, DRI-The Voice of the Defense Bar, 2018
- Fourth Circuit Holds MDL against Military-Battlefield Contractor Raises Nonjusticiable Political Questions, Washington Legal Foundation, 2018
- Thinking Amicus, DRI-The Voice of the Defense Bar, 2018
- Webinar: Strategic Use of Amicus Briefs in Appellate Advocacy , Strafford Publications, 2017
- Preemption 101, National Pest Management Association, 2018
- See link -- https://capitalappellate.com/publications/larry-ebner-presentations-webinars-since-2008/ , Larry Ebner Presentations, Panels, & Webinars (since 2008), 2019
- Unconstitutionally Appointed ALJs Contiue To Haunt SEC, Washington Legal Foundation, 2017
- Boyle - Justice Scalia's Gift To Government Contractors, BNA Bloomberg, 2016
- DC Circuit Drone Strike Case Implicates Separation Of Powers, Law360, 2017
- Can FIFRA Preemption Be Revived?, DRI-The Voice of the Defense Bar, 2015
- Judge’s Dismissal of Toxic-Tort Multidistrict Litigation Against War-Zone Contractor Respects US Military Prerogatives, Washington Legal Foundation, 2017
- Tips For Conducting Attorney-Client Privileged Internal Investigations, DRI-The Voice of the Defense Bar, 2016
- Four Myths About Federal Preemption of State Tort Claims, 2009
- The United States As Amicus Curiae: Making Uncle Sam Your New Best Friend, DRI-The Voice of the Defense Bar, 2011
- When Enough is Enough! How To Oppose a Cert Petition, DRI-The Voice of the Defense Bar, 2012
- Amicus Brief FAQs, DRI-The Voice of the Defense Bar, 2015
- President Obama's "Preemption Memo" - Much To Do About Very Little, Washington Legal Foundation, 2009
- A Federal District Court's Inverted View of Litigation Holds, DRI-The Voice of the Defense Bar, 2015
- Representing Amici Curiae, Book Chapter in "Strategies For Appellate Litigation" (Aspatore), 2015
- DC Circuit Shuts Down Another Federal Regulatory "Switcheroo", Washington Legal Foundation, 2014
- In-House Litigation Managers Need To "Think Amicus", Law360, 2014
- Protecting Privileged Internal Investigation Communications, DRI-The Voice of the Defense Bar, 2014
Other Outstanding Achievements:
- Elevated from Vice Chair to Chair of the DRI Center for Law and Public Policy, 2023
- Selected to Law360's Appellate Editorial Advisory Board, 2023
- Elevated from Vice Chair to Chair of the Federation of Defense and Corporate Counsel's Appellate Law Section, 2023
- In October 2022 I celebrated my 50th anniversary of legal practice by attending my Harvard Law School Class of 1972 reunion in Cambridge, Massachusetts., 2022
- The Georgetowner profiles Capital Appellate Advocacy & Larry Ebner, 2018
- Leaving BigLaw Behind: Law360 Interviews Capital Appellate Advocacy's Larry Ebner, 2016
Bar/Professional Activity:
- Chair, Appellate Law Section, Federation of Defense & Corporate Counsel, 2023
- Chair, DRI Center for Law and Public Policy, 2022
- Vice Chair, Appellate Law Section, Federation of Defense & Corporate Counsel, 2022
- Executive Vice President & General Counsel, Atlantic Legal Foundation, 2021
- Fellow, American Academy of Appellate Lawyers, 2021
- Member, Federation of Defense & Corporate Counsel; Vice Chair of Appellate Law Section, 2021
- DRI - Vice Chair, Center for Law & Public Policy, 2021
- DRI - Immediate Past Publications Chair, Appellate Advocacy Committee, 2021
- DRI - Immediate Past Chair, Amicus Committee, 2021
- Member, International Network of Boutique & Independent Law Firms, 2021
- Senior Vice President & General Counsel, Atlantic Legal Foundation, 2020
- Fellow & Communications Committee Chair, American Academy of Appellate Lawyers , 2020
- Co-Vice Chair, DRI Center for Law and Public Policy The DRI Center for Law and Public Policy through scholarship, legal expertise and advocacy, provides the most effective voice for the defense bar in the national discussion of substantive law, constitutional issues, and the integrity of the civil justice system. It is a voice that is heard through published research materials, extensive amicus briefs to the U.S. Supreme Court, the DRI National Poll on the Civil Justice System, practical tools and resources for DRI members, objective counsel to policy makers, and creative public education initiative, 2020
- DRI-The Voice of the Defense Bar -- Immediate Past Amicus Committee Chair , 2020
- DRI - The Voice of the Defense Bar - Appellate Advocacy Committee Publications Chair, 2020
- Appellate Specialist, DC Chapter, International Network of Boutique and Independent Law Firms, 2020
- Supreme Court of the United States
- U.S. Courts of Appeals (all circuits)
- District of Columbia Bar
Industry Groups:
- Companies of all sizes throughout the United States
- national trade associations
- nonprofit free-enterprise advocacy organizations
Selections
6 Years Super Lawyers
- Super Lawyers: 2018 - 2023