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 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 bankruptcy, securities, antitrust, tax controversy, criminal law, investment management, and environmental law.

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.
  • Represent criminal defendant in Eleventh Circuit appeal of his sentence.  
  • Represent Veolia Energy Boston in appeal of abatement denial before the Massachusetts Appeals 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.
  • Drafted several amicus briefs in the Supreme Court and courts of appeals.
  • 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.

Trial

  • Trial counsel in two-week arbitration before JAMs involving contractual dispute over land contamination and clean-up recovery costs. 
  • 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 various clients in several shareholder actions, including the successful dismissal of Securities Act claims against underwriters in Tharp v. Acacia, No. 17-11504 (D. Mass.).
  • Represent Western Asset Management Company in case brought under Section 36(b) of the Investment Company Act.

Other Matters

  • Represent Google in various antitrust matters.
  • Represent international pharmaceutical company in connection with multiple civil lawsuits.
  • Represented cable company in pending 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.

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).
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