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 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 had 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. He also has represented public utilities before the California Public Utilities Commission and in arbitration.
Experience
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.
Additional 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)
Speaking Engagements
- 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
Speaking Engagements Prior to Jones Day
November 1, 2018
Sabbath Showdown on the Supreme Court?, speaker, Loma Linda University, School of Religion, Humanities Program
April 25, 2017
Before and Behind the Bench: Reflections on the U.S. Judiciary Nomination Process, the Role of the Judiciary, and Effective Lawyering, speaker, Soochow University College of Law, Taipei
April 24, 2017
Criminal Discovery Process and the Scope of a Prosecutor's Investigative Powers in the United States, speaker, Ministry of Justice, Taiwan
February 24, 2017
Get to Know Judge Gorsuch, panelist, The Federalist Society, Columbus, Ohio
April 28, 2015
Tribute to Justice Scalia, speaker, Orange County Bar Association, Irvine, California
May 6, 2014
Mortgage Bankers Association Legal Issues and Regulatory Compliance Conference, panelist, San Diego, California
- The University of Chicago (J.D. with high honors 2010; Order of the Coif; Kirkland and Ellis Scholar; Managing Editor, Law Review; Joseph Henry Beale Prize for best overall performance in legal writing section; Bell, Boyd & Lloyd Award for best brief in legal writing section); Yale University (B.A. in Philosophy 2006)
- California; U.S. Supreme Court; U.S. Courts of Appeals for the District of Columbia, Fifth, Sixth, Seventh, Ninth, and Tenth Circuits; and U.S. District Courts for the Central, Southern, and Northern Districts of California
- Served with the U.S. Department of Justice in the following positions: Counsel, Office of Legal Policy (2017); Assistant United States Attorney, Central District of California, Los Angeles (2016-2017); and Bristow Fellow, Office of the Solicitor General (2011-2012)
Best Lawyers in America "Ones to Watch" — appellate (2021)
The Attorney General's Distinguished Service Award (2017)
- Law Clerk to: Justice Neil M. Gorsuch (2017) and Justice Antonin Scalia (2012), Supreme Court of the United States and Judge Neil M. Gorsuch, U.S. Court of Appeals, Tenth Circuit (2010-2011)
- Mandarin