Eric Shumsky is a nationally recognized appellate lawyer. He handles high-stakes appeals across an array of subjects, with a focus on technology. He specializes in translating cases that are complex – whether because of the legal doctrine, the technology, or the record – into the specialized format of appellate briefing and argument.
Chambers USA reports that 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.’” Legal 500 touts his “exceptional courtroom demeanor and presentation skills” as one of “the finest appellate litigators in the nation.” And Reuters, in a report reviewing some 17,000 practitioners, 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.”
Eric has served as appellate counsel to a who’s who of leading companies, including AT&T, DISH Network, Facebook, Genentech, Gilead, KPMG, LG Electronics, LinkedIn, Lyft, Microsoft, Morgan Stanley, Netflix, Norfolk Southern, Synopsys, Twitter, and Union Carbide. 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 100 briefs in the Supreme Court alone.
Eric has particular expertise in matters of technology and intellectual property. He has been counsel in dozens of patent appeals in the Federal Circuit—litigating patents ranging from semiconductor construction, computer architecture, and genetic sequencing to tobacco curing, keyboard trays, and electrical junction boxes. And he has handled multiple appeals involving novel issues concerning the regulation of the internet, including computer fraud, takedown notices, and internet domain names.
In addition to traditional appellate work, Eric has years of experience developing legal strategy in high-profile and complex cases in trial courts. 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.
Eric has led numerous engagements for clients whose business is technology and innovation. Recent examples include:
Relatedly, Eric has deep experience handling patent appeals in the Federal Circuit, including:
Other significant cases in which Eric has led appellate teams include the following:
In addition, Eric regularly contributes legal analysis to trial-court litigation and regulatory matters presenting unusual or complex issues of law. Prominent examples include: