Kevin P. Martin

Kevin P. Martin

PartnerCo-Chair, Appellate Litigation
Kevin P. Martin
Boston
+1 617 570 1186

Kevin P. Martin is co-chair of the Appellate Litigation practice at Goodwin, where he has practiced since 2001. Mr. Martin 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, Mr. Martin 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.

Mr. Martin is a fellow of the American Academy of Appellate Lawyers. The Legal 500 has noted that Mr. Martin 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. Mr. Martin is the Chair of the board of directors of the New England Legal Foundation, and is a member of Goodwin’s Pro Bono Committee.

Experience

Mr. Martin’s appellate experience includes eight 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. Mr. Martin’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. Mr. Martin also has argued and won several civil matters in the Massachusetts Appeals Court.

Mr. Martin regularly appears in the federal Courts of Appeals as well, 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, a successful defense of a judgment of non-infringement in a patent case, a successful defense of a decision by the Patent Trial and Appeal Board in an inter partes reexamination, and a successful defense of a judgment notwithstanding the verdict in a partnership dispute. He successfully argued before the First and D.C. Circuits on behalf of a nuclear power company in defense of the Nuclear Regulatory Commission’s issuance of operating licenses to two nuclear power plants, defeating challenges to the licenses brought by the state governments in which the plants are located. Mr. Martin 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.

In addition to his appellate practice, Mr. Martin regularly represents clients in federal and state trial courts and before administrative agencies, particularly in matters involving breach of contract and trade secret misappropriation claims, or raising questions of constitutional and administrative law. In patent cases in the district courts, Mr. Martin 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. Mr. Martin 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. Mr. Martin 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.

Mr. Martin has an active public interest and pro bono practice. From 2010-2011, Mr. Martin 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. Mr. Martin 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.

 

Professional Experience

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

Credentials

Education

JD1999

Columbia Law School

(Kent scholar)

BScForeign Service1996

Georgetown University

(magna cum laude)

Clerkships

U.S. Court of Appeals for the District of Columbia Circuit, Honorable Laurence Silberman

U.S. Supreme Court, Honorable Antonin Scalia

Admissions

Bars

  • Massachusetts

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Federal Claims
  • U.S. Tax Court

Recognition & Awards

Mr. Martin was a recommended lawyer for Appellate by The Legal 500 in 2021 and 2022. Benchmark Litigation recognizes Mr. Martin as a 2021 Litigation Star in Massachusetts for his work in Appellate. Mr. Martin was also named to the National Law Journal’s 2020 list of Political Activism/1st Amendment Rights Trailblazers. While attending law school, Mr. Martin served as articles editor for the Columbia Law Review and the Columbia Journal of European Law. Mr. martin has been recognized by The Best Lawyers in America Best Lawyers for his work in Energy  and Environmental Law  2023.

Publications

Mr. Martin 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.