Eric Shumsky is an appellate litigator in Orrick’s Washington, D.C. office where he represents clients in high-stakes appeals across the country.
Eric has served as appellate counsel to numerous leading companies, including
AT&T, Carnegie Mellon University, Del Monte, DIRECTV, DISH Network,
Facebook, GlaxoSmithKline, LG Electronics, KPMG, Morgan Stanley, Norfolk
Southern, and Synopsys. Across an array of industries, Eric has briefed and
argued issues as diverse as patent and copyright, labor and employment,
preemption, punitive damages, environmental law, national security, and foreign
sovereign immunity. He has been a primary author of more than 75 briefs in the
Supreme Court alone.
Ranked in the Chambers USA 2016 guide, Eric is “hailed as ‘highly intelligent, an effective communicator and a great writer’ by contacts, and his high-profile work in the tech patent sector is of particular interest to those who recognize him as one who ‘prepares meticulously, anticipates every question, and is a gifted orator.’” And, in a recent report reviewing some 17,000 practitioners, Reuters identified Eric as part of an “elite cadre” of 75 lawyers who are “the most influential members of one of the most powerful specialties in America: the business of practicing before the Supreme Court.” These lawyers, Reuters found, “have stood out – most for their success at getting cases before the high court,” and they “giv[e] their clients a disproportionate chance to influence the law of the land.”
Eric has particular expertise in matters of intellectual property, especially patent appeals in the Federal Circuit. He has litigated patents ranging from semiconductor construction, computer architecture, and genetic sequencing to tobacco curing, keyboard trays and electrical junction boxes. Eric has been praised by clients for his deep knowledge of the Federal Circuit, and repeatedly has been called upon to handle cases at the leading edge of changes in patent law. These include major cases for Fortune 500 clients, and smaller companies litigating their most important patents against their most significant competitors.
In addition to traditional appellate work, Eric has significant experience developing legal strategy in trial courts. Trial teams repeatedly have called on him to brief and argue key legal issues in particularly high-profile and complex cases. Eric has performed this role in high-stakes multi-district litigation, criminal trials, and civil litigation involving critical dispositive motions.
Prior to joining Orrick, Eric was a partner in the appellate group at Sidley Austin. He previously worked as a law clerk for the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and the Honorable Wm. Matthew Byrne, Jr., of the United States District Court for the Central District of California.