Trump Nominates Crypto Lawyer Tung for Ninth Circuit Judge

Eric Tung, a corporate lawyer with a notable history of representing cryptocurrency firms, has been nominated by President Donald Trump to serve as a US Circuit Judge for the Ninth Circuit. This court has jurisdiction over several states, including California, which is home to many technology and cryptocurrency companies. Tung's nomination has sparked debate, particularly due to his extensive experience in the crypto industry.

Tung, who has been a partner at the law firm Jones Day since 2019, has represented several blockchain entities in court. Notably, he defended the advocacy group Blockchain Association in a case involving the US Treasury Department and represented an investor in a lawsuit against HDR Global Trading Limited, the parent company of the BitMEX exchange. These cases highlight Tung's deep involvement in the crypto sector and his potential influence on future legal decisions related to digital assets.

Critics have raised concerns about Tung's appointment, suggesting that his background could lead to a deregulatory push for digital assets. A watchdog organization has argued that Tung's career has been focused on representing crypto firms seeking to avoid government regulation. This includes his role in arguing that standalone sales of stablecoins are not securities and opposing the regulation of immutable smart contracts. These positions align with the broader crypto agenda of the Trump administration, which has already made significant changes to the leadership of financial agencies overseeing digital assets.

The Ninth Circuit, where Tung is nominated to serve, has seen several significant crypto cases. In 2024, a panel of judges in the circuit partially reversed a class-action lawsuit against Binance.US, and in 2018, Nvidia went through the Ninth Circuit in a case involving undisclosed sales to crypto miners. These cases underscore the importance of the Ninth Circuit in shaping the legal landscape for technology and cryptocurrency companies.

Tung's nomination has been received by the Senate and referred to the Committee on the Judiciary. However, it remains unclear when the chamber will consider a vote on his nomination, as both the House of Representatives and the Senate are currently focused on passing bills related to digital assets. The outcome of Tung's nomination will likely have significant implications for the future of crypto regulation and the handling of related cases in the Ninth Circuit.