Kevin P. Martin is co-chair of the Appellate Litigation group 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 has been named a “Lawyer of the Year” by Massachusetts Lawyers Weekly for his work before the Massachusetts Supreme Judicial Court (SJC), and 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. The Legal 500 has noted that Mr. Martin is known as an “excellent writer, advocate, and strategist.” He was named a “Star” for Appellate Litigation in Massachusetts by Benchmark Litigation for 2018, and a “Rising Star” for Appellate Litigation in New England by Boston magazine each year from 2011-2014.

Experience

ERFAHRUNG

EXPÉRIENCE

工作经历

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 a challenge to the state’s taxation of trusts administered by an out-of-state national bank, and a case involving the application of the implied covenant of good faith and fair dealing to agreements for the purchase and sale of illiquid investments. He is counsel of record in pending appeals in the Massachusetts state courts involving questions of breach of contract law and whistleblower retaliation law.

Mr. Martin also has argued many cases 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, a successful defense of a judgment of non-infringement in a patent case, and a successful defense of a judgment notwithstanding the verdict in a partnership dipute. 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 raising questions of constitutional and administrative law, as well as breach of contract and trade secret misappropriation claims. 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. He also frequently represents clients in the Business Litigation Session of the Massachusetts Superior Court.

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 and criminal conviction 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 Activities

Mr. Martin is the Vice Chair of the board of directors of the New England Legal Foundation.

Professional Experience

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

Recognition

While attending law school, Mr. Martin served as articles editor for the Columbia Law Review and the Columbia Journal of European Law.

In The News

MELDUNGEN

ACTUALITÉS

相关新闻

Credentials

WERDEGANG

RÉFÉRENCES

专业资格

Education

J.D., 1999
Columbia Law School
(Kent scholar)
B.Sc., Foreign Service, 1996
Georgetown University

(magna cum laude)

Clerkships

1999 to 2000 U.S. Court of Appeals for the District of Columbia Circuit, Honorable Laurence Silberman
2000 to 2001 U.S. Supreme Court, Honorable Antonin Scalia

Admissions

Bar

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
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