Eric Tung Nominated to Ninth Circuit Court of Appeals for Crypto Regulation

Eric Tung, a seasoned corporate lawyer with extensive experience representing blockchain and cryptocurrency firms, has been nominated by President Donald Trump to serve on the influential Ninth Circuit Court of Appeals. This nomination is significant as the Ninth Circuit frequently handles cases involving Silicon Valley tech and crypto companies, making Tung’s potential appointment a pivotal moment for the regulation of digital assets.

Tung’s legal background includes representing the Blockchain Association in high-profile cases such as the lawsuit involving Tornado Cash users against the US Treasury Department. His work also extends to defending investors in disputes linked to major crypto exchanges like BitMEX. This experience positions him uniquely to influence rulings that could shape the regulatory environment for digital assets, potentially favoring innovation-friendly interpretations of existing laws.

Accountable.US, a prominent regulatory watchdog, has expressed concerns regarding Tung’s nomination, emphasizing his history of advocating for reduced government oversight of cryptocurrencies. The group highlights Tung’s involvement in legal briefs arguing that stablecoins should not be classified as securities and opposing regulatory constraints on smart contracts. These positions align with broader deregulatory efforts under the Trump administration, which has already reshaped leadership at key financial regulatory bodies such as the SEC and is considering candidates for the Commodity Futures Trading Commission who share similar views. Such a judicial appointment could reinforce a legal framework that limits regulatory reach over emerging digital asset technologies.

The Ninth Circuit Court of Appeals plays a critical role in adjudicating appeals that affect the technology and cryptocurrency sectors. Its jurisdiction includes Silicon Valley, home to many blockchain startups and established crypto firms. Recent cases heard by the circuit include a partial reversal of a class-action lawsuit against Binance.US concerning alleged price manipulation of the HEX token, and shareholder litigation involving Nvidia related to undisclosed crypto mining sales. With Tung’s potential confirmation, the court could see further decisions that clarify or redefine legal standards for digital assets, impacting both civil and criminal proceedings within the crypto ecosystem.

As Tung’s nomination awaits Senate Judiciary Committee review, the broader legislative environment remains active, with Congress focusing on multiple bills aimed at digital asset regulation. The timing of Tung’s confirmation vote is uncertain, given competing legislative priorities. However, his appointment could coincide with significant regulatory reforms, amplifying the importance of judicial perspectives on cryptocurrency matters. Stakeholders in the crypto industry and legal community alike are closely monitoring these developments, recognizing the potential for lasting influence on the sector’s regulatory trajectory.

Eric Tung’s nomination to the Ninth Circuit represents a consequential moment for the intersection of law and cryptocurrency regulation. His extensive experience with blockchain clients and advocacy for deregulatory positions suggest that his judicial decisions may favor innovation-friendly interpretations of crypto law. As the Ninth Circuit continues to handle pivotal cases affecting Silicon Valley and the broader digital asset market, Tung’s confirmation could shape the legal landscape for years to come. Observers should watch closely as the Senate deliberates, given the potential impact on regulatory oversight and the future of crypto jurisprudence.