Eric M. George

LOS ANGELES - In 2022, Eric M. George has a new firm name for his litigation boutique and -- possibly -- a new constitutional question over the three strikes law before the state Supreme Court.

His Browne George Ross firm, which George joined in 2000, is now Ellis George Cipollone O'Brien Annaguey LLP. The new name reflects the fulfillment of George's longstanding wish to add a Washington, D.C. office by bringing on board the former White House counsel, Pat Cipollone, joined by partner Richard Klingler, senior adviser Liz Horning, of counsel Fred T. Fielding and Chris Landau, and associate Chase T. Harrington.

The new title also recognizes the firm's Los Angeles partners, Dennis S. Ellis, Maribeth Annaguey and Thomas P. O'Brien.

In June, George's client, the Association of Deputy District Attorneys, scored a win when a state appellate panel affirmed an injunction that stops District Attorney George Gascón from barring his Los Angeles prosecutors from seeking sentencing enhancements following criminal convictions. That affirmed an outcome George and his team achieved at the trial court. The Association of Deputy District Attorneys for Los Angeles County v. Gascón, B310845 (2d DCA, filed June 2, 2022).

The conflict between a progressive district attorney and many of his deputies is over the scope of prosecutorial discretion. Gascón has petitioned the state Supreme Court for review, asking the justices to hold unconstitutional California's three strikes law, which mandates that prosecutors file strikes in every available instance, according to one interpretation.

By mid-August, the question of whether to grant review remained pending.

"Let's hope the high court takes a close look and concludes that the appellate opinion can't be improved upon," George said. Pointing out that the three strikes law was created by a 1994 voter initiative, he added, "The dispute raises issues that go to the heart of democracy and the separation of powers. An elected official doesn't have the power to choose the laws he's going to enforce."

In June, George obtained a win for client Fox News Network LLC when a 3rd U.S. Circuit Court of Appeal panel affirmed a lower court's dismissal of Michael J. Avenatti's $250 million defamation lawsuit against Fox, Sean Hannity and others over coverage of Avenatti's 2018 arrest on suspicion of assaulting his then-girlfriend. Avenatti v. Fox News Network LLC et al., 21- 2702 (3rd Cir., op. filed June 21, 2022).

"It's a scholarly opinion on the intersection of several sources of federal law," George said.