Eric’s primary focus is appeals and major issue litigation in which an appeal is likely. He has successfully argued cases before the 9th Circuit and Arizona appellate courts.
The New York Times has featured Eric’s research on appellate jurisdiction and he is a contributor to SCOTUSblog. In connection with his state appellate practice, he coauthors a monthly column in Arizona Attorney magazine covering civil appeals and coedits the azapp.com blog.
The Ninth Circuit recently appointed him to serve as an Appellate Lawyer Representative to the Ninth Circuit Judicial Conference. He is also Secretary for the Appellate Practice Section of the State Bar and is listed as a Southwest Super Lawyers Rising Star (2013-2017). Before joining private practice, he clerked on the U.S. Court of Appeals for the D.C. Circuit.
Intellectual Property & Antitrust
Eric’s practice also involves intellectual property and antitrust litigation. He is a registered patent attorney, has a degree in Physics, and has experience in patent, copyright, and trademark litigation. He is the immediate past chair of the Antitrust Section and is a member of the Intellectual Property Section executive council.
Eric has published widely in these areas, including in the University of Chicago Law Review, Stanford Technology Law Review, Cornell Journal of Law & Public Policy, and the Journal of Technology Law & Policy.
He studied directly under two recipients of the Nobel Prize: Shuji Nakamura (Physics, 2014) and Gary Becker (Economics, 1992).
- Saban Rent-A-Car LLC v. Ariz. Dep’t of Revenue, --- Ariz. --- (App. 2018) (dormant commerce clause and state constitutional issues) (argued).
- Ryan v. Henry, 2018 WL 456195 (Ariz. App. 2018) (ownership and control of company) (argued).
- Arizona State Univ. v. Arizona State Retirement Sys., 242 Ariz. 387 (App. 2017) (prejudgment interest) (argued).
- Perez-Guzman v. Lynch, 835 F.3d 1066 (9th Cir. 2016) (administrative law in immigration dispute) (argued).
- Markham Contracting v. FDIC, 240 Ariz. 360 (App. 2016) (equitable subrogation).
- Aerotec Int’l, Inc. v. Honeywell Int’l Inc., 836 F.3d 1171 (9th Cir. 2016) (antitrust claims, including monopolization, exclusive dealing, tying, and price discrimination).
- 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, 116 F. Supp. 3d 971 (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).
- 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. App. 2013) (appeal from jury trial) (argued).
- SCOTUSblog posts
- Civil Appellate Highlights (monthly column in Arizona Attorney) (with Joseph N. Roth)
- Arizona Appeals content for Practical Law (with Hayleigh S. Crawford)
Journals, Law Reviews, and Book Chapters
- The Chicago Tradition and Judge Ginsburg (with Barak Orbach & D. Daniel Sokol), in An Antitrust Professor on the Bench: Liber Amicorum 43 (Nicholas Charbit et al. eds., 2018) (book chapter)
- 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)
- Arizona Supreme Court Review (half-day seminar) (Co-chair; moderator) (2017)
- The Record on Appeal (State Bar of Arizona Appellate Practice Section) (Moderator) (2017)
- SCOTUS IP Cases: 2016 Term in Review (State Bar Intellectual Property Law Section) (2017)
- Internet Advertising Update (State Bar of Arizona Intellectual Property Law Section and Antitrust Law Section) (Moderator) (2017)
- Working with the Court of Appeals (all-day seminar) (Co-chair) (2016)
- Professional Licensing After North Carolina Board of Dental Examiners (State Bar of Arizona Antitrust Law Section and Administrative Law Section) (Moderator) (2016)
- 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)