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Kevin Martin is a partner in and co-chair of Goodwin Procter’s Appellate Litigation Practice. His work focuses on appellate matters and complex civil litigation, particularly in the areas of administrative and constitutional law, commercial disputes, and consumer protection and products liability.

Mr. Martin has argued numerous cases before federal and state courts of appeal, and has briefed more than 40 cases before the United States Supreme Court and other federal, state and foreign appellate courts. Before joining Goodwin Procter, Mr. Martin served as a law clerk for Justice Antonin Scalia of the U.S. Supreme Court and Judge Laurence Silberman of the District of Columbia Circuit. He has been named a “Rising Star” for Appellate Litigation in New England by Boston magazine each year from 2011-2014.

Examples of Mr. Martin's appellate representations in recent years include:

  • Meyers v. James Foundation (2015): Mr. Martin successfully argued before the Massachusetts Appeals Court to obtain the reversal of a $44 million judgment against an individual in a breach of contract case, reported to be the largest such award against an individual in state history.
  • Entergy v. New York State Department of State (2015):  Mr. Martin is lead counsel for a nuclear power company in an action, currently pending before the New York Appellate Division, challenging the state’s designation of a “significant coastal fish and wildlife habitat” adjacent to a nuclear power plant as violating the State Administrative Procedures Act.
  • Cutting v. City of Portland (2015), Thayer v. City of Worcester (2014), Reynolds v. Middleton (2014): In three appeals before the U.S. Courts of Appeals for the First Circuit and Fourth Circuit, and a related petition for certiorari. Mr. Martin is lead counsel for politicians, political activists, and homeless individuals challenging, primarily under the First Amendment, city and county ordinances banning solicitation and other expressive conduct.
  • Sebelius v. Hobby Lobby Stores, Inc. (2014): Mr. Martin represents the Knights of Columbus as amicus curiae before the U.S. Supreme Court in a successful First Amendment challenge to certain provisions in the Affordable Care Act.
  • Massachusetts v. United States Nuclear Regulatory Commission (2013): Mr. Martin successfully argued before the U.S. Court of Appeals for the First Circuit on behalf of a nuclear power company, defending against a challenge by Massachusetts to NRC’s renewal of the company’s operating license for a nuclear power plant located in that state.
  • Evans v. Lorillard Tobacco Co. (2013): Mr. Martin represented a tobacco company in merits briefing before the Massachusetts Supreme Judicial Court in its appeal of a more than $200 million judgment in a products liability and consumer protection case. The SJC reversed or vacated most aspects of the judgment, including the jury’s $81 million punitive damages award and related award of prejudgment interest.
  • Vermont Dept. of Public Service v. NRC (2012): Mr. Martin successfully argued before the U.S. Court of Appeals for the District of Columbia Circuit on behalf of a nuclear power company, defending against a challenge by Vermont to NRC’s renewal of the company’s operating license for a nuclear power plant located in that state.
  • Freeman v. Quicken Loans, Inc. (2012): Mr. Martin successfully represented a financial services company in merits briefing before the U.S. Supreme Court in its defense of consumer protection claims brought by plaintiffs, with the support of the federal government, under the Real Estate Settlement Practices Act.
  • In 2012, Mr. Martin successfully represented a defendant tobacco company before the Eleventh Circuit on plaintiff’s appeal of the dismissal of his claims; the Eleventh Circuit affirmed the dismissal without argument. 
  • Hill v. Gozani (2011): Mr. Martin successfully represented defendants in briefing before the First Circuit in their defense of the trial court’s dismissal of a securities class action.
  • In the Matter of the Probation Department (2010): Mr. Martin successfully argued before the Massachusetts Supreme Judicial Court, defeating a separation of powers challenge by the Speaker pro tem of the Massachusetts House of Representatives to a subpoena served on him in connection with a corruption investigation into the state’s Probation Department.
  • McDonald v. City of Chicago (2010) and District of Columbia v. Heller (2008): In these two cases, Mr. Martin successfully represented the National Rifle Association in merits briefing before the U.S. Supreme Court. The Court agreed with the NRA that the Second Amendment barred certain firearms restrictions enacted by Chicago and the District of Columbia.
  • Entergy Corp. v. Riverkeeper (2009): Mr. Martin successfully represented a nuclear power company in petitioning for certiorari and merits briefing before the U.S. Supreme Court. The Court overturned a decision by the Second Circuit barring EPA from using cost-benefit analysis in regulating nuclear facilities’ cooling water intake structures.

In addition to his appellate practice, Mr. Martin has served as counsel in more than 20 jury and bench trials conducted before federal and state courts, regulatory bodies and arbitration panels, particularly in the areas of administrative and constitutional law, criminal law, and consumer protection and products liability. His experience in the past five years includes representing:

  • A nuclear power company in a series of three multi-week trial proceedings before a panel of administrative law judges concerning the New York Department of Environmental Conservation’s draft pollution discharge permit and draft denial of a water quality certification under the federal Clean Water Act.
  • A cigarette manufacturer in a month-long jury trial in which the jury rejected plaintiff’s claim that defendant’s cigarettes are defective due to their nicotine content.
  • An institutional residence services company in a one-week arbitration concerning misuse of trade secrets and violation of a non-competition agreement.
  • A charitable foundation in a month-long arbitration concerning major construction defects in a high school building that it owns.
  • Coalitions of politicians, political activists and homeless persons raising First Amendment challenges to speech restrictions enacted by the cities of Worcester, MA and Portland, ME as part of his active pro bono practice.

Mr. Martin also regularly represents clients in internal and government investigations both in the United States and overseas, most frequently concerning alleged violations of federal accounting standards and U.S. and foreign export regulations. In 2010 Mr. Martin was named Deputy Independent Counsel by the Supreme Judicial Court to investigate patronage hiring and related wrongdoing within the Massachusetts Probation Department. The investigation culminated in a 308-page report that led the entire senior leadership of the Department to resign and led to other sweeping changes in state government employment practices.

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

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

Mr. Martin is a member of the board of directors of the New England Legal Foundation. He served as a member of an advisory committee formed to assist the U.S. District Court for the District of Massachusetts in reforming its Local Rules of Civil Procedure.

Mr. Martin is an occasional university lecturer and op-ed columnist on issues pertaining to the U.S. Supreme Court. He regularly is interviewed and comments on appellate and constitutional law matters in the press, including the Associated Press, The Wall Street Journal, The Washington Post, The Boston Globe, The American Lawyer, Inc., Forbes,  Law360, Huffington Post, CNS News, The Arizona Republic, and The Portland Press Herald. He is the lead author of “Litigation Guide to EPA’s Cooling Water Intake Rule” (Law360.com, June 2014).