Boynton, Brian

Current Employment Position(s)

Vice Chair, Government and Regulatory Litigation Practice Group

Lawyer Overview

Brian Boynton is a partner in the firm's Litigation/Controversy Department, and a vice chair of the Government and Regulatory Litigation Practice Group. He is also a member of the Appellate and Supreme Court Litigation Practice Group and the Business Trial Group. He joined the firm in 2002. Mr. Boynton has a general litigation practice with an emphasis on administrative and constitutional litigation.

Practice

Mr. Boynton has represented clients at all stages of trial litigation as well as on appeal. He has experience litigating and counseling clients with respect to Administrative Procedure Act challenges to a wide variety of federal agency regulations and decisions. He also advises clients on questions of constitutional law and has experience litigating constitutional challenges to state and federal legislation in trial and appellate courts. Mr. Boynton also represents clients in complex commercial litigation, ranging from contract disputes to patent infringement litigation.

Recent Highlights

Mr. Boynton's recent experience includes:

• Representing a major telecommunications carrier in defending the constitutionality of the immunity provision of the FISA Amendments Act of 2008 in consolidated class actions alleging that carriers cooperated with alleged NSA counter-terrorism surveillance following the attacks of September 11
• Seeking review under the Administrative Procedure Act of a Food and Drug Administration determination relating to a patent term extension on behalf of a pharmaceutical company
• Defending agricultural commodity research and promotion programs against compelled speech First Amendment challenges, including the defense of the law establishing the California Table Grape Commission and the Cotton Research and Promotion Act
• Representing a trade association in a preemption and commerce clause challenge to District of Columbia legislation imposing price controls on patented prescription drugs
• Advising a trade association with respect to an Administrative Procedure Act challenge to Federal Aviation Administration regulation of New York area airports
• Representing the former owners of a major newspaper in the court of appeals and district court in a long-standing dispute over ownership of the paper
• Representing a national retailer in an appeal seeking to set aside a large compensatory and punitive damages award against it
• Representing a motion picture studio in an administrative law challenge before the Court of Appeals for the District of Columbia Circuit seeking to set aside a Copyright Office decision regarding the distribution of cable and satellite royalty payments

Professional Activities

Mr. Boynton is a member of the American Constitution Society.

Areas of Practice

• Litigation/Controversy
• Government and Regulatory Litigation
• Appellate and Supreme Court Litigation
• Business Trial Group

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, International Trade Litigation, Litigation & Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• District of Columbia
• California

Education

• Stanford University Law School, 2000
  JD
• Dartmouth College, 1997
  AB
  Honors: summa cum laude

Published Works

• PTO Issues Guidelines on New Patent Term Adjustment Calculations, 2010
• Federal Circuit Affirms Decision Granting Patentees Additional Patent Term, 2010

Address

1875 Pennsylvania Avenue, NW
Washington, DC 20006

Phones

+1 202 663 6044 (Business Phone)

Faxes

+1 202 663 6363 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.wilmerhale.com