Brian Burgess

Brian Burgess

Brian Burgess

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 constitutional law, administrative law, patent law, antitrust, 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.

While attending law school, Mr. Burgess was the senior articles editor for the New York University Law Review.

Areas of Practice


Since joining Goodwin, Mr. Burgess has been involved in litigation matters in the Supreme Court, the First, Second, Third, Fourth, Seventh, Ninth, D.C., and Federal Circuits, as well as in several federal district courts. His recent significant representations include:

  • 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).
  • 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 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.
  • 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 multi-district litigation resulting in dismissal of several claims and complete dismissal of claims against the parent corporation.
  • Co-authored briefs in opposition to petition for certiorari in the Supreme Court, including a brief in First Amendment challenge to a transit authority’s advertising policy, and a brief in a copyright action on behalf of a leading seller of athletic apparel.
  • Co-authored multiple amicus briefs in the Supreme Court and the Federal Circuit on behalf of a financial services trade association.



J.D., 2009
New York University
(summa cum laude)
A.B., 2005
Dartmouth College
(summa cum laude)


2012-2013 U.S. Supreme Court, Honorable Sonia M. Sotomayor
2010-2011 U.S. Court of Appeals for the District of Columbia Circuit, Honorable David S. Tatel
2009-2010 U.S. Court of Appeals for the Second Circuit, Honorable Guido Calabresi



New York
District of Columbia


U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the District of Columbia
U.S. District Court of Maryland
U.S. Court of Appeals for the Federal Circuit
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Our clients rely on us for world-class advisory services, counsel on complex transactional work and high-stakes litigation. Specializing in matters involving the financial, life sciences, private equity, real estate, and technology industries, we use a collaborative, cross-disciplinary approach to resolve our clients’ most challenging issues. To find out more, please contact us.
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