EricTung

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Eric Tung focuses on appeals and motions practice in commercial litigation. He has drafted briefs and motions in federal and state courts, before administrative agencies, and in arbitrations and mediations. He has argued on numerous occasions in federal and state courts around the country at the trial and appellate levels, including the California Court of Appeal, Ninth Circuit, D.C. Circuit, Seventh Circuit, and Florida Supreme Court. His clients include telecommunications, energy, banking, real estate, construction, entertainment, and digital currency companies.

Before joining Jones Day, Eric served as a law clerk to Justice Neil M. Gorsuch and to Justice Antonin Scalia. He also served as an Assistant United States Attorney in the Central District of California and held government positions with the Department of Justice in Washington, D.C. He briefed and argued for the United States in the D.C. Circuit, obtaining a favorable ruling on an issue of first impression addressing the retroactivity of the Fair Sentencing Act.

Eric has also represented clients in the U.S. Supreme Court in cases involving First Amendment retaliation claims, the Sixth Amendment's Speedy Trial Clause, and the Alien Tort Statute. He obtained dismissal of claims for a real estate developer under the California Brown Act, founders of an entertainment company facing fraud allegations, and internet companies in federal and state courts facing allegations of fraudulent marketing practices.

Eric also has experience litigating trade secrets matters, representing a publicly traded company building satellite communications devices and an aircraft company. In addition, he has represented public utilities before the California Public Utilities Commission and in arbitration.

Expérience

  • California Hospital Association wins summary judgment in labor law and health care caseJones Day secured a major win for the California Hospital Association (CHA) in a matter that has significant ramifications for labor law and the health care industry.
  • Circle argues that standalone sales of payment stablecoins are not securities in amicus briefJones Day filed an amicus brief on behalf of Circle Internet Financial, LLC in the SEC's lawsuit against the crypto asset exchange Binance.
  • MedImpact wins summary judgment in trade secret case over misuse of its pharmacy benefit management technologyJones Day successfully represented MedImpact Healthcare Systems in this international trade secret litigation against IQVIA arising out of a joint venture relationship.
  • Battery Storage secures judgment confirming $18,670,702.50 arbitration awardJones Day clients West Chicago Battery Storage, LLC and Joliet Battery Storage, LLC (collectively "Battery Storage") successfully defended confirmation of a contested arbitration award for $18,670,702.50 against BYD America Corp.
  • HDR Global Trading obtains dismissal with prejudice in 33-count lawsuitJones Day client HDR Global Trading Limited ("HDR"), the Seychelles-incorporated owner and operator of the BitMEX cryptocurrency derivatives trading platform, obtained dismissal with prejudice of a 33-count lawsuit alleging violations of the Commodity Exchange Act, RICO, and various California statutory and common law claims.
  • U.S. Chamber of Commerce files amicus brief in PSLRA caseJones Day filed a merits-stage amicus brief on behalf of the United States Chamber of Commerce in support of the position that the discovery-stay provision in the Private Securities Litigation Reform Act applies to suits brought in state as well as federal courts.
  • Wabtec defeats prevailing wage litigation in California Supreme CourtIn a 5-2 decision, the California Supreme Court ruled in favor of Jones Day’s client, Wabtec Corporation, concluding that publicly funded work performed on rolling stock, such as a train, is not a “public work” subject to the payment of prevailing wages.
  • Clients file amicus brief in U.S. Supreme Court relating to federal habeas statuteJones Day represented clients as amici curiae in the Supreme Court of the United States with a brief pertaining to the interpretation of a federal habeas statute.
  • Pro bono client challenges parental modification order in Florida courtsJones Day, along with the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP), represented a client in Florida’s Fifth District Court of Appeal and in the Florida Supreme Court, resulting in partial relief from an adverse parental modification order.
  • Cryptocurrency company responds to proposed guidance from Financial Action Task ForceJones Day assisted a prominent U.S.-based cryptocurrency company in the preparation and submission of comments in response to proposed guidance from the Financial Action Task Force, an intergovernmental organization focused on policymaking pertaining to the regulation of virtual assets and virtual asset service providers.
  • State prisoner wins appellate victory in Seventh CircuitJones Day secured an appellate victory for Michael Thomas in the United States Court of Appeals for the Seventh Circuit, reversing a grant of summary judgment.
  • Cryptocurrency company responds to notice of proposed rulemaking issued by FinCENJones Day assisted a prominent U.S.-based cryptocurrency company in the preparation of comments in response to a notice of proposed rulemaking issued by the Financial Crimes Enforcement Network pertaining to recordkeeping and reporting requirements for digital currency transactions.
  • U.S. Chamber of Commerce, et al., files amici curiae in support of InstacartJones Day represented the U.S. Chamber of Commerce, California Grocers Association, Bay Area Council, San Francisco Chamber of Commerce, and the Valley Industry Commerce Association as amici curiae, in support of Instacart.
  • Defendant overturns revocation of supervised releaseJones Day successfully represented on appeal a defendant whose supervised release was revoked and obtained vacatur of the judgment on grounds that the government failed to establish the interstate commerce element of the criminal charge.

    • The following represents experience acquired prior to joining Jones Day.

    Represented clients in the Supreme Court of the United States in cases involving First Amendment retaliation claims, the Sixth Amendment's Speedy Trial Clause, and the Alien Tort Statute.

    Represented a public utilities company in proceedings before the California Public Utilities Commission.

    Represented a telecommunications company in proceedings before the California Public Utilities Commission.

    Represented a public utilities company in arbitration relating to a joint venture with another public utilities company.

    Represented a real estate developer and successfully obtained dismissal of claims under the California Brown Act.

    Represented investors and founders of an entertainment company and successfully obtained dismissal of claims alleging fraud in California state court.

    Represented an international, publicly traded company building satellite communications devices in trade secrets litigation.

    Represented an aircraft company in trade secrets litigation.

    Represented internet companies and successfully obtained dismissal of claims in federal and state courts of fraudulent marketing practices involving advertising revenue.

    Represented the United States in a criminal appeal and obtained a favorable ruling on an issue of first impression in the United States Court of Appeals for the D.C. Circuit addressing the retroactivity of the Fair Sentencing Act.

    December 2024 Alert

    Immutable Code Is Not Property: Fifth Circuit Reverses Tornado Cash Sanctions Ruling

    September 2024 Alert

    California's Climate Disclosure Laws Move Forward After Governor Newsom's Proposal to Delay Implementation Fails

    June 2024 White Paper

    2023 False Claims Act Enforcement in Health Care and Life Sciences, Part III

    February 2024 Alert

    Business Organizations Challenge California's Climate Change Disclosure Requirements as Unconstitutional

    September 2023 Commentary

    California Emissions Bills: What Your Company Needs to Know

    September 2023 Alert

    Grayscale Scores Win Against the SEC, but the Agency's Significant Market Test Remains Unaddressed

    August 2023 Commentary

    Federal Banking Agencies Propose Increased Capital Requirements for Large Banks

    June 2023 Alert

    The U.S. Supreme Court Affirms the Government's Authority to Dismiss FCA Qui Tam Cases After Declining to Intervene

    June 2023 Alert

    CFTC Staff Advisory Warns That SEF Prime Brokerage Arrangements Might Require DCO Registration

    June 2023 Alert

    The U.S. Supreme Court Clarifies the Scienter Standard for False Claims Act Cases
    Voir toutes les publications

    Autres publications

    • May 20, 2009
      E. Tung, Does the Prior Conviction Exception Apply to a Criminal Defendant's Supervised Release Status, 76 U. Chi. L. Rev. 1323 (2009)

    • February 19, 2021
      Pepperdine School of Law, Federal Judicial Clerkship Panel
    • September 3, 2019
      Working with Supreme Court Justices Scalia and Gorsuch: Lessons Learned, speaker, Windsor Speaker Series
    • April 3, 2019
      SFFA v. Harvard: How does Affirmative Action affect Asian Americans?, panelist, The Federalist Society at Berkeley Law
    • January 22, 2019
      Lecture on Developments in the Federal Courts, speaker, Carmelite Sisters of the Most Sacred Heart of Los Angeles

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