- Co-authored brief and served as second-chair in Supreme Court litigation concerning the test for whether an artistic design feature can qualify for a copyright. Mr. Burgess represented the copyright owner, which designed original artwork appearing on clothing. The Supreme Court held by a vote of 6-2 that the designs were copyright-eligible. Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017).
- Representing a leading test-preparation company in litigation in the Southern District of New York in defense against Sherman Act and RICO claims brought by a competitor. Authored briefing in support of motion to dismiss, which is currently pending.
- Co-authored briefs in the Second Circuit on behalf of a major banking client in a putative class-action alleging violations of the Racketeering Influenced and Corrupt Organizations Act based on the rates charged for lender-placed insurance. Successfully obtained interlocutory review and reversal of adverse judgment resulting in an order to dismiss all claims. Rothstein v. Balboa Insurance Company, 794 F.3d 256 (2d Cir. 2015).
- Defending a leading pharmaceutical manufacturer in putative class actions challenging patent litigation settlements on antitrust grounds, initiated after the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013). Co-authored motions to dismiss briefs in complex multidistrict litigation resulting in dismissal of several claims and complete dismissal of claims against the parent corporation.
- Co-authored briefs on behalf of a leading pharmaceutical manufacturer and several other intervenors in a suit against FDA seeking to stop the launch of generic versions of the drug Abilify.® Successfully opposed a preliminary injunction and then obtained summary judgment.
- Presented oral argument and successfully persuaded the Fourth Circuit to vacate in a pro bono matter challenging a county’s anti-panhandling ordinance as inconsistent with the First Amendment. Reynolds v. Middleton, 779 F.3d 222 (4th Cir. 2015).
- Co-authored several briefs in opposition to petition for certiorari in the Supreme Court, including a brief in a First Amendment challenge to a transit authority’s advertising policy, a brief concerning the rules for claim construction in patent litigation, and a brief in a Sixth Amendment sentencing case in opposition to the Michigan Attorney General.
- Co-authored several amicus briefs concerning antitrust issues in the pharmaceutical industry.
Brian Burgess is a partner in the firm’s Litigation Department and Appellate Litigation Practice. His work focuses on appellate matters and complex civil litigation in federal courts, and he has experience in a wide range of areas including antitrust law, administrative law (with a particular focus on pharmaceutical litigation), constitutional law, intellectual property and financial services litigation. He joined Goodwin in 2013.
Prior to joining Goodwin, Mr. Burgess served as a law clerk to Associate Justice Sonia Sotomayor of the Supreme Court of the United States. He previously worked in the Department of Justice as a special assistant to the Solicitor General. In that capacity, Mr. Burgess successfully briefed and argued a criminal appeal before the Seventh Circuit.
New York University
(summa cum laude)
(summa cum laude)