Kevin P. Martin

Examples of Mr. Martin’s recent work for clients include:

• Arguing on behalf of a major national bank, as trustee for approximately 3,000 trusts, before the Massachusetts Supreme Judicial Court in an appeal concerning the state’s authority to tax trusts administered by out-of-state corporations.
• Representing 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, including litigation of Atomic Energy Act preemption issues.
• Representing the Massachusetts Bay Transportation Authority in a federal district court 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.
• Representing a national mining company in submitting comments to the Environmental Protection Agency with respect to a proposed rule requiring mining companies to post billions of dollars in financial assurance under the Comprehensive Environmental Response, Compensation, and Liability Act.
• Arguing 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 states in which the plants are located.
• Representing a client in arbitration and related court proceedings concerning labor protective arrangements under the federal Urban Mass Transportation Act.
• Representing a nuclear power company in petitioning for certiorari and merits briefing before the U.S. Supreme Court, which overturned a decision by the Second Circuit barring the EPA from using cost-benefit analysis in regulating nuclear facilities’ cooling water intake structures under the federal Clean Water Act.
• Representing a railroad client in litigation concerning allocation of responsibilities for implementing positive train control systems under Federal Railway Administration regulations.
• Representing a technology company in an appeal to the Federal Circuit of a patent case presenting novel appellate jurisdictional issues under the America Invents Act.
• Representing a client in responding to inquiries from the Federal Transit Administration concerning compliance with the disparate impact regulations enacted under Title VI of the federal Civil Rights Act.
• Arguing before the Massachusetts Court of Appeals and Supreme Judicial Court for the reversal of a $45 million judgment against an individual in a breach of contract case.
• On a pro bono basis, leading challenges brought under the First Amendment to four cities’ bans on charitable solicitation in public, including a trial victory in federal district court and appellate victories in the First and Fourth Circuits.
• Representing a client before the First Circuit in defending the dismissal of a securities class action.
• Representing a tobacco company before the Massachusetts Supreme Judicial Court in its appeal of a more than $200 million judgment in a products liability and consumer protection case.
• Representing a client in appealing an adverse jury verdict in a wrongful termination and hostile work environment case to the First Circuit.
• Serving 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 and criminal conviction of members of the department’s senior leadership.
• Arguing before the New York Appellate Division in a challenge to the New York State Department of State’s designation of certain stretches of the Hudson River as significant coastal fish and wildlife habitats.
• Advising religious entities on issues arising from the Free Exercise Clause of the First Amendment, including the intersection of the First Amendment and federal and state employment and nondiscrimination laws.
• On a pro bono basis, representing a class of school children bringing a constitutional challenge to a state law cap on charter school enrollment in Massachusetts.
• Representing a major U.S. corporation in internal and government investigations into smuggling of its products into the United States from Canada and Mexico, including settlement negotiations with Canadian tax and criminal authorities.