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.