Eric’s practice focuses on appeals, intellectual property litigation, and antitrust litigation. He primarily represents technology companies in the consumer electronics, software, aerospace, and biotechnology industries.
In his appellate practice, Eric has successfully argued cases before both the 9th Circuit and the Arizona Court of Appeals. He coauthors a monthly column in Arizona Attorney magazine covering civil appeals, and the New York Times recently featured his research on appellate jurisdiction in the D.C. Circuit.
His intellectual property practice includes patent litigation, copyright litigation, and trademarks. Eric is a registered Patent Attorney and is the only antitrust lawyer named on the 2014 Southwest Super Lawyers Rising Stars list.
Eric has a degree in Physics from Pomona College and a J.D. and M.B.A. from the University of Chicago. As a result of having degrees in science, law, and business, he is as comfortable with technical details and financial data as he is with statutes and regulations.
He has published widely in these areas, including at SCOTUSblog and in the University of Chicago Law Review, Stanford Technology Law Review, Cornell Journal of Law & Public Policy, and the Journal of Technology Law & Policy.
Before joining Osborn Maledon, Eric served as the Executive Director for Research at the Committee on Capital Markets Regulation, a Cambridge, Massachusetts-based nonpartisan research organization dedicated to improving the regulation of financial markets. Before that, he served as a law clerk for Judge Douglas H. Ginsburg on the D.C. Circuit.
Eric has studied directly under two recipients of the Nobel Prize: Shuji Nakamura (Physics, 2014) and Gary Becker (Economics, 1992).
- Arizona State Univ. v. Arizona State Retirement Sys., 237 Ariz. 246 (App. 2015) (administrative law challenge regarding lack of agency rulemaking).
- Puppies ’N Love v. City of Phoenix, -- F. Supp. 3d – (D. Ariz. 2015) (summary judgment on dormant commerce clause challenge to Phoenix city ordinance banning the sale of cats and dogs) (argued).
- eMove, Inc. v. SMD Software, Inc., 569 F. App'x. 527 (9th Cir. 2014) (appeal in false advertising case) (Argued).
- Aerotec Int'l, Inc. v. Honeywell Int'l Inc., 4 F. Supp. 3d 1123 (D. Ariz. 2014) (summary judgment in favor of defendant on all antitrust claims, including monopolization, exclusive dealing, tying, and price discrimination).
- Honeywell Int’l, Inc. v. W. Support Grp., Inc., 947 F. Supp. 2d 1077 (D. Ariz. 2013) (summary judgment on copyright eligibility for technical manuals).
- Markham Contracting Co. Inc. v. First Am. Title Ins. Co., 2013 WL 3828690 (Ariz. Ct. App. 2013) (appeal from jury trial) (Argued).
- SCOTUSblog posts
- Civil Appellate Highlights (monthly column in Arizona Attorney) (with Thomas L. Hudson & Joseph N. Roth)
Journals, Law Reviews, and Book Chapters
- The Overhaul of the Arizona Rules of Civil Appellate Procedure, Ariz. Attorney 52 (Jan. 2015) (with Thomas L. Hudson & Joseph N. Roth)
- The Jurisdiction of the D.C. Circuit, 23 Cornell J.L. & Pub. Pol’y 131 (2013) (lead author)
- The Role of Economic Analysis in Competition Law (with Douglas H. Ginsburg), in Intellectual Property, Competition Law, and Economics in Asia (Ian McEwin ed., 2011) (book chapter)
- Antitrust and the Google Books Settlement: The Problem of Simultaneity, 2010 Stan. Tech. L. Rev. 4
- A Postmortem Look at Citywide WiFi, 14 No. 2 J. Internet L. 1 (2010)
- The Failure of Public WiFi, 14 J. Tech. L. & Pol'y 161 (2009)
- Reducing Fraud against the Government: Using FOIA Disclosures in Qui Tam Litigation, 75 U. Chi. L. Rev. 497 (2008). Reprinted in 49 False Claims Act & Qui Tam Q. Rev. 159 (2008)
- Copyright and Fair Use Basics for Educators (2016)
- Special Actions in the Court of Appeals (State Bar of Arizona Appellate Practice Section) (Moderator) (2016)
- Beyond the Boilerplate: Writing Effective Cease-and-Desist Letters (Association of Corporate Counsel) (2016)
- Banking and the Free Society (Las Vegas, NV) (2016)
- US Airways–American Airlines Merger: Antitrust/Competition Issues and Effects of the Recent Merger (State Bar of Arizona Business Law and Antitrust Sections) (2014)
- Lessons from United States v. Apple: Risky Contract Terms for Non-Monopolists (Association of Corporate Counsel) (2014)
- Freedom and the Financial Markets (Washington, DC) (2012)