Kevin P. Martin

Kevin P. Martin is co-chair of the Appellate and Supreme Court Litigation practice at Goodwin, where he has practiced since 2001. Kevin has argued and briefed numerous cases in federal and state appellate courts around the country, and also has extensive experience in both trial matters and internal and government investigations. Prior to joining Goodwin, Kevin clerked for Justice Antonin Scalia on the United States Supreme Court and Judge Laurence Silberman on the U.S. Court of Appeals for the District of Columbia Circuit.

Kevin is a fellow of the American Academy of Appellate Lawyers. The Legal 500 has noted that Kevin is known as an “excellent writer, advocate, and strategist.” He is ranked a “Star” for Appellate Litigation in Massachusetts by Benchmark Litigation, and has been named a “Lawyer of the Year” by Massachusetts Lawyers Weekly for his work before the Massachusetts Supreme Judicial Court (SJC). He has been recognized by the Boston Business Journal as one of its “Power 50,” an annual listing of top executives and “movers and shakers” in the Boston economy. He also serves on Law360’s Massachusetts Editorial Advisory Board. Kevin is the Chair of the board of directors of the New England Legal Foundation, and is a member of Goodwin’s Pro Bono Committee.

Kevin regularly appears in the federal Courts of Appeals, especially the Federal Circuit and the First Circuit. His recent Federal Circuit arguments include a successful interlocutory appeal challenging a preliminary injunction barring the sale of a generic version of a $1 billion per year drug, multiple successful defenses of judgments of non-infringement in patent cases, multiple successful defenses of decisions by the Patent Trial and Appeal Board in inter partes reexaminations, and a successful defense of a judgment notwithstanding the verdict in a partnership dispute. He recently successfully argued before the Fourth Circuit to overturn a summary judgment decision in a patent licensing dispute, and before the First Circuit for affirmance of dismissal of breach of contract and fiduciary duty clams.  Kevin also has briefed numerous merits cases before the United States Supreme Court, on issues ranging from the Clean Water Act to federal consumer protection laws.

Kevin’s appellate experience further includes nine arguments before the Massachusetts SJC concerning a wide variety of issues. He successfully argued at the SJC on behalf of a group of business and public policy groups challenging a proposal to amend the Massachusetts constitution to impose a $2 billion per year graduated income tax for the first time in the state’s history; on behalf of a major national university in a wrongful death case concerning the circumstances under which universities are responsible for student suicides; and on behalf of the Massachusetts Bay Transportation Authority in a case concerning whether government agencies may terminate contracts “for convenience” to reduce costs. Kevin’s earlier arguments before the SJC included two major breach-of-contract disputes and a challenge to the state’s taxation of trusts administered by an out-of-state national bank. Kevin also has argued and won several civil matters in the Massachusetts Appeals Court.

In addition to his appellate practice, Kevin regularly represents clients in federal and state trial courts and before administrative agencies, particularly in matters involving patent, breach of contract and trade secret misappropriation claims, or raising questions of constitutional and administrative law. In patent cases in the district courts, Kevin commonly is asked to argue preliminary injunction and dispositive motions, as well as claim construction. He frequently represents clients in the Business Litigation Session of the Massachusetts Superior Court. Kevin is lead counsel representing generic drug companies in challenging the Internal Revenue Service's tax treatment of Hatch-Waxman litigation costs in a series of actions in the Court of Federal Claims and in the Tax Court. Kevin represented the MBTA in a challenge to the constitutionality of a federal statute governing cost sharing between the MBTA and Amtrak, and in related proceedings before the federal Surface Transportation Board. He represented a nuclear power company in a multi-year series of administrative trials before New York State environmental regulators, concerning the company’s application for a water quality certification and pollution discharge permit under the federal Clean Water Act and related state laws.

Kevin has an active public interest and pro bono practice. From 2010-2011, Kevin served as Deputy Independent Counsel representing the Massachusetts Supreme Judicial Court in an internal investigation into corruption in the state probation department, resulting in the resignation of members of the department’s senior leadership. Kevin helped spearhead a challenge brought by school children to the Massachusetts cap on charter school enrollment, arguing the matter before the SJC. Since 2013, he has led challenges brought under the First Amendment’s Free Speech clause to bans on charitable solicitation in public enacted by cities throughout the country, resulting in a trial victory, four summary judgment victories, and victories in two matters argued to the First Circuit. He regularly counsels and represents religious and educational entities on matters involving the First Amendment’s Free Exercise clause.

Kevin served as a special assistant district attorney for Middlesex County (MA) from 2004-2005.

Kevin is a regular op-ed columnist on legal and political issues. He frequently is interviewed and comments on appellate and constitutional law matters in the press, including PBS, the Associated Press, The Wall Street Journal, The Washington Post, The American Lawyer, InsideCounsel, Inc., Forbes, Law360, Huffington Post, CNS News, and numerous regional and local news and trade publications.

Kevin’s recent speaking engagements include:

• Speaker, “Back to Taxachusetts? Pioneer Institute's Tax Book Launch,” Book Launch, May 25, 2022
• Guest, “Baystate Business: Mayor Curtatone,” Bloomberg Baystate Business Radio, March 2, 2021
• Speaker, “2020 Virtual Higher Education Conference,” Boston Bar Association, July 22, 2020
• Speaker, “Keeping Order in the New Public Square: Censorship of Social Media Platforms vs. Social Responsibility,” 2019 ABA Annual Meeting, August 8, 2019
• Speaker, “’Weaponizing the First Amendment:’ A Review of Recent Supreme Court Decisions on Free Speech,” Boston Bar Association, October 17, 2018
• Guest, “Constitutional Law Experts Weigh In On Trump’s SCOTUS Pick,” WGBH, July 24, 2018
• Speaker, "2017 Legal Affairs Seminar," February 26, 2017
• Speaker, “A Conversation on the U.S. Supreme Court,” Boston Bar Association, May 25, 2016
• Speaker, “Spring Breakfast Program,” New England Legal Foundation, May 9, 2016
• Speaker, “The New Supreme Court: What Lies Ahead - And How to Get There,” American Constitution Society, April 26, 2016