Erin Macgowan

Associate

macgowan-erin
  • JD, summa cum laude, Boston College Law School, 2012; Order of the Coif; James W. Smith Award for Highest Academic Rank; Editor in Chief, Boston College Law Review
  • MEd, summa cum laude, University of New Hampshire, 2006
  • BS, summa cum laude, University of New Hampshire, 2005

Qualifications

  • Massachusetts, 2012

Court Admissions

  • U.S. Court of Appeals for the First Circuit, 2015
  • U.S. Court of Appeals for the Second Circuit, 2019
  • U.S. Court of Appeals for the Third Circuit, 2015
  • U.S. Court of Appeals for the Tenth Circuit, 2017
  • U.S. Court of Appeals for the Eleventh Circuit, 2014
  • U.S. District Court for the District of Massachusetts, 2015
  • U.S. District Court for the Eastern District of Michigan, 2017
  • Honorable Bruce M. Selya, U.S. Court of Appeals for the First Circuit
  • Adjunct Professor of Law, Boston College Law School

Erin Macgowan

Associate

Erin Macgowan is an associate in the Litigation and Enforcement group. Erin handles a wide range of complex business disputes and other civil litigation at both the trial and appellate levels, as well as in arbitration and mediation. Her experience covers a wide range of subject matters, including general commercial law, securities, tax controversy, criminal law, investment management, antitrust, and bankruptcy.

Prior to joining the firm, Erin served as a law clerk to the Honorable Bruce M. Selya of the U.S. Court of Appeals for the First Circuit. During law school, Erin was Editor-in-Chief of the Boston College Law Review and won the Francis D. Privitera Family Commencement Award for outstanding scholarship and exceptional contribution to the law school. Currently, she teaches a seminar on judicial process at Boston College.

Experience

Appellate

  • Successfully represented mortgagee before the Supreme Court in Bullard v. Blue Hills Bank f/k/a/ Hyde Park Savings Bank (U.S. No. 14-116) in case involving appellate jurisdiction in bankruptcy proceedings, resulting in unanimous decision in client’s favor.
  • Lead a team representing a criminal defendant in Eleventh Circuit appeal of his sentence.  
  • Represent Veolia Energy Boston in appeal of abatement denial before the Massachusetts Appeals Court and Supreme Judicial Court.
  • Represented individual charged with obstruction of justice in connection with Deepwater Horizon oil spill before the Fifth Circuit seeking mandamus review of a denial of a recusal motion and on government appeal from a motion granting a new trial.
  • Successfully represented father in a high profile international child custody dispute before both the New Hampshire Supreme Court and the United States Supreme Court (U.S. Nos. 14-1053), prevailing before both courts. 
  • Drafted an en banc petition to the Eleventh Circuit, representing three national medical organizations and six physicians in First Amendment challenge to Florida law that prevented doctors from speaking freely with patients about gun safety.
  • Represented individual in section 8 housing appeal before the Massachusetts Appeals Court.
  • Represented indenture trustee for first lien noteholders in the U.S. Bankruptcy Court for the District of Delaware and on appeal of the bankruptcy court’s approval of a settlement before the U.S. District Court for the District of Delaware, the Third Circuit, and the United States Supreme Court.
  • Drafted several amicus briefs in the Supreme Court and courts of appeals.

Trial

  • Served as trial counsel in two-week arbitration before JAMs involving contractual dispute over land contamination and clean-up recovery costs, including examination of expert witnesses.  
  • Represented Veolia Energy Boston, Inc. in bench trial before Massachusetts Appellate Tax Board involving property tax exemption, resulting in favorable order for client.

Securities

  • Represent individual defendant in insider trading claim brought by the SEC.
  • Represented underwriters in the successful dismissal of Securities Act claims in Tharp v. Acacia, No. 17-11504 (D. Mass.).
  • Represented TPG in federal securities litigation arising from its investment in a publicly-traded medical device company, securing complete dismissal of claims brought against the client.
  • Represented Western Asset Management Company in case brought under Section 36(b) of the Investment Company Act.

Other Matters

  • Successfully challenged New York statute assessing fee on the sale of pharmaceutical products on dormant Commerce Clause grounds, securing preliminary injunction of the enforcement of the statute. Recognized as legal lion by Law360 for favorable outcome for client.
  • Lead associate in several state litigations involving fraud and misrepresentation claims against international pharmaceutical companies. 
  • Represented footwear and apparel company in commercial licensing dispute, resolved in settlement after motion to dismiss briefing.
  • Represented cable company in antitrust litigation involving claims of unlawful tying and monopoly in connection with cable set-top boxes.
  • Represented various creditors and creditors committees in chapter 11 bankruptcy proceedings.
  • Represented various companies and non-profit entities in connection with environmental regulatory matters.
  • Represent Google in various antitrust matters.

Publications

  • Erin Dewey, Dust in the Wind: Is TVA’s Permit Shield a Death Knell for Interstate Nuisance Claims?, 52 B.C. L. REV. E. SUPP. 43 (2011)
  • Erin Dewey, Sundown and You Better Take Care: Why Sunset Provisions Harm the Renewable Energy Industry and Violate Tax Principles, 52 B.C. L. REV. 1106 (2011)
  • Robert Bloom & Erin Macgowan, When Rights Become Empty Promises: Promoting an Exclusionary Rule That Vindicates Personal Rights, 46 IRISH JURIST 38 (2011).
  • JD, summa cum laude, Boston College Law School, 2012; Order of the Coif; James W. Smith Award for Highest Academic Rank; Editor in Chief, Boston College Law Review
  • MEd, summa cum laude, University of New Hampshire, 2006
  • BS, summa cum laude, University of New Hampshire, 2005
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