Benjamin Hayes

Benjamin Hayes is counsel in the firm’s Appellate and Supreme Court Litigation practice. His work focuses on appellate matters and complex litigation in federal courts. Benjamin has experience in a wide range of areas, including constitutional law, antitrust law, administrative law, and environmental law. He also has experience litigating cases involving the enforcement of arbitral awards against foreign sovereigns in US court.

• Co-Authored brief in Eleventh Circuit defending summary judgment decision rejecting CFPB claims on claim-preclusion grounds
• Co-Authored brief in Ninth Circuit defending post-trial decision dismissing asbestos-related claims. The court unanimously ruled in client’s favor
• Co-Authored brief in Seventh Circuit defending summary judgment decision rejecting Fair Housing Act claims
• Contributed to briefing in Fifth Circuit appeal from class-certification order in RICO lawsuit. The court unanimously ruled in client’s favor
• Co-Authored brief in Second Circuit defending dismissal of putative class-action lawsuit for lack of personal jurisdiction and failure to allege Sherman Act claim
• Co-Authored brief in Maryland Court of Appeals seeking reversal of lower court decision on the scope of Maryland law governing lender inspection fees and the Maryland Consumer Debt Collection Act
• Co-Authored motions to dismiss putative class action complaints asserting Sherman Act, Lanham Act, RICO, and state law claims
• Co-Authored successful motion to dismiss Sherman Act claim and contributed to successful briefing on appeal
• Prepared amicus brief in Supreme Court in support of petition seeking review of decision expanding the scope of ERISA remedies
• Prepared amicus brief addressing severability of the Biologics Price Competition and Innovation Act in litigation over the Affordable Care Act’s individual mandate
• Co-Authored brief opposing certiorari from decision involving the False Claims Act’s public disclosure bar. Successfully persuaded the Supreme Court to deny certiorari after the Court called for a response
• Co-Authored brief in the D.C. Circuit opposing a National Environmental Policy Act challenge to a Department of Energy order authorizing the export of liquefied natural gas. Successfully persuaded the Court to deny the petition for review
• Co-Authored brief in the Fifth Circuit appealing adverse ruling on a question of state law. Successfully persuaded the Court to unanimously reverse district court judgment and render judgment in client’s favor
• Co-Authored brief in the Second Circuit seeking reversal of $247 million judgment entered against a common carrier. Successfully persuaded the Court to reduce the penalties by over $80 million
• Co-Authored briefs in the Fourth Circuit challenging district court orders invaliding Food and Drug Administration guidance on the enforcement of the Family Smoking Prevention and Tobacco Control Act
• Co-Authored briefs in federal district court seeking and opposing confirmation of arbitral awards against foreign sovereigns under the New York Convention and the ICSID Convention

Pro Bono

• Successfully represented client in Fifth Circuit appeal from dismissal of habeas petition
• Co-Authored amicus brief in the Supreme Court in support of petition seeking review of decision restricting the First Step Act’s resentencing provisions
• Co-Authored merits-stage amicus brief in Supreme Court in support of the First Amendment rights of students
• Co-Authored amicus brief in the Supreme Court in support of petition seeking review of the United States government’s pre-publication review process
• Co-Authored merits-stage amicus brief in the Supreme Court in Byrd v. United States. The U.S. Supreme Court ruled in favor of client’s position
• Co-Authored petition-stage amicus brief in the Supreme Court supporting review of Fifth Circuit decision addressing the deference owed state court decisions under AEDPA
• Co-Authored amicus brief in federal district court defending a Justice of the Peace’s practice of opening his court proceedings with prayer

Prior to joining Goodwin, Benjamin was a law clerk for the Honorable Jennifer Walker Elrod of the U.S. Court of Appeals for the Fifth Circuit, and practiced in the appellate practice group of another international law firm. During law school, Benjamin served as an editor on the Virginia Law Review, was a member of the Appellate Litigation Clinic, and served as a judicial intern for the Honorable Colleen Kollar-Kotelly on the U.S. District Court for the District of Columbia.

Benjamin was recognized as a One to Watch in Appellate Practice by The Best Lawyers in America 2023.