FacultyFaculty/Author Profile
Brian Burgess

Brian Burgess

Goodwin Procter LLP

Washington, DC, USA


Brian Burgess is a partner in the firm’s Litigation Department and Appellate Litigation Practice. His work focuses on appellate matters and complex civil litigation in federal courts, and he has experience in a wide range of areas including antitrust law, administrative, constitutional law, intellectual property and financial services litigation. In 2017, Mr. Burgess was named to Benchmark Litigation’s “Under 40 Hotlist.”

Prior to joining Goodwin, Mr. Burgess served as a law clerk to Associate Justice Sonia Sotomayor of the Supreme Court of the United States. He previously worked in the Department of Justice as a special assistant to the Solicitor General. 

Experience

  • Co-authored brief and served as second-chair in Supreme Court litigation concerning the test for whether an artistic design feature can qualify for a copyright. Mr. Burgess represented the copyright owner, which designed original artwork appearing on clothing. The Supreme Court held by a vote of 6-2 that the designs were copyright-eligible. Star Athletica, LLC v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017).
  • Represented a pharmaceutical company defending approval of its new drug application against a competitor’s exclusivity challenge. The D.C. Circuit upheld FDA’s approval of our client’s application in a decision that set an important precedent on the scope of 3-year exclusivities for new clinical investigations under the FDCA. Otsuka Pharm. Co. v. Price, 869 F.3d 987 (D.C. Cir. 2017).
  • Representing a leading test-preparation company against Sherman Act and RICO claims brought by a competitor. SDNY dismissed antitrust and RICO claims with prejudice.
  • Represented a major banking client in a putative class-action alleging violations of the Racketeering Influenced and Corrupt Organizations Act based on the rates charged for lender-placed insurance. Successfully obtained interlocutory review and reversal of adverse judgment resulting in an order to dismiss all claims. Rothstein v. Balboa Insurance Company, 794 F.3d 256 (2d Cir. 2015).
  • Defending a leading pharmaceutical manufacturer in putative class actions challenging patent litigation settlements on antitrust grounds, initiated after the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013).

Education

  • J.D., New York University, 2009 (summa cum laude)
  • A.B., Dartmouth College, 2005 (summa cum laude)

Clerkships

  • 2012-2013 U.S. Supreme Court, Honorable Sonia M. Sotomayor
  • 2010-2011 U.S. Court of Appeals for the District of Columbia Circuit, Honorable David S. Tatel
  • 2009-2010 U.S. Court of Appeals for the Second Circuit, Honorable Guido Calabresi
Brian Burgess is associated with the following items:
Web Segment  Web Segment Latest Developments in the Protection of Fashion Brands - Fashion and Retail Law 2018: Trends and Developments, Wednesday, May 02, 2018
MP3 Audio  MP3 Audio Latest Developments in the Protection of Fashion Brands - Latest Developments in the Protection of Fashion Brands, Wednesday, May 02, 2018
Transcripts  Transcripts Latest Developments in the Protection of Fashion Brands - Latest Developments in the Protection of Fashion Brands, Wednesday, May 02, 2018
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Latest Developments in the Protection of Fashion Brands - Latest Developments in the Protection of Fashion Brands, Wednesday, May 02, 2018
On-Demand Web Programs  On-Demand Web Programs Fashion and Retail Law 2018: Trends and Developments, Tuesday, May 08, 2018, New York, NY
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