Appeals
Eric regularly handles high-profile appeals and issue litigation. He has argued major cases before the Ninth Circuit, Arizona Supreme Court, and Arizona Court of Appeals. Benchmark Litigation named Eric to its 40 & Under Hot List (2018) and Southwest Super Lawyers lists him as a Rising Star (2013-2019) for appeals.
Before joining private practice, Eric clerked on the U.S. Court of Appeals for the D.C. Circuit. He currently serves as a Ninth Circuit Appellate Lawyer Representative and as Treasurer for the Appellate Practice Section of the State Bar. He also regularly writes about appeals, including contributing to SCOTUSblog, co-editing the azapp.com blog, and coauthoring a monthly column in Arizona Attorney magazine covering civil appeals. The New York Times, Arizona Republic, Bloomberg Businessweek, Fox News, many local media outlets have featured his discussion of his cases or legal analysis.
Intellectual Property & Antitrust
Eric’s practice also involves intellectual property and antitrust litigation. He has represented many of the most well-known technology companies in patent, copyright, and trademark litigation. He is a registered patent attorney, has a degree in Physics, is Treasurer of the Intellectual Property Section of the State Bar, and is a past chair of the Antitrust Section.
Additional Information
Eric’s academic research has been published widely, 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).
Representative Matters
Constitutional Issues
Administrative Law
Appeals from Jury Trials
Intellectual Property & Antitrust
Other Legal Issues
Recurring Contributions
- 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)
Speaking
- Federal Pro Bono Opportunities (Federal Bar Association) (2019)
- SCOTUS IP Cases Review (State Bar Intellectual Property Law Section) (2019, 2017)
- Amicus Briefs on Appeal (Moderator) (State Bar of Arizona Appellate Practice Section) (2019)
- Working with the Court of Appeals (all-day seminar) (Co-chair) (2018, 2016)
- First Mondays Live Podcast (Co-chair; guest panelist) (State Bar of Arizona Appellate Practice Section) (2018)
- Open for Business? Non-Discrimination Best Practices and Legal Advice (Arizona LGBT Bar Association) (2018)
- Arizona Supreme Court Review (half-day seminar) (Co-chair; moderator) (2017)
- The Record on Appeal (State Bar of Arizona Appellate Practice Section) (Moderator) (2017)
- Internet Advertising Update (State Bar of Arizona Intellectual Property Law Section and Antitrust Law Section) (Moderator) (2017)
- 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)
