EricTung

Associate

Los Angeles + 1.213.243.2151

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

  • 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 seeks asylum in Ninth Circuit appealJones Day represented an asylum seeker in the Court of Appeals for the Ninth Circuit.
  • 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.

    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

    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