Kevin is a litigator who tackles complex commercial disputes where strategy is key. He is skilled at bondholder litigation involving international issuers, as well as patent and trademark litigation. He also represents clients in mediation and arbitration. With extensive experience as a court-appointed mediator, Kevin is able to see all sides of a dispute and to navigate toward an efficient outcome. As a former US Marine, he applies that same tenacity, drive, and discipline to his legal practice.
He graduated cum laude from Fordham University School of Law, and was editor-in-chief of the Fordham Urban Law Journal. Kevin clerked for the Honorable Kevin Thomas Duffy, US District Judge, during the trial and conviction of international terrorist Ramzi Yousef.
Kevin served in the US Marine Corps from 1986 to 1991 and has long been an avid and active supporter of veterans’ causes. He is on the board of directors of the Warrior Ranch Foundation. He served as director and general counsel to the Congressional Medal of Honor Foundation from 2013 to 2019, and served as a director and general counsel of the Marine Corps Scholarship Foundation from 2011 to 2016. He also has appeared nationally on Fox & Friends numerous times as a spokesperson for the Marine Corps Scholarship Foundation. Kevin enjoys triathlons and has competed in the NYC Triathlon seven times. In 2019, he placed in the top 10 in his age group in the Spartan Race Super in Hawaii.
Education
- Fordham University (JD, cum laude)
- University of Michigan (BS, Physics)
Experience
- Represents Spin Master, a leading global children's entertainment company, in a patent infringement case related to the company's Zero Gravity® Laser toy vehicle, which was named "Best Toy" by Popular Mechanics at the 2019 Toy Fair. Obtained a preliminary injunction in December 2019 enoining the sales of the infringing toys by defendant E. Mishan & Sons, Inc. ("Emson")
- Represents Gretton Limited in an action to enforce/confirm an international arbitration award against the Republic of Uzbekistan.
- Represents Serenova, LLC, a leading provider of intelligent cloud contact center solutions, in a contract dispute.
- Represented Spark 451, Inc., a marketing company, in trademark suit against 451 Marketing, LLC, and obtained an injunction in favor of our client.
- Represented L-3 Communications Corp. in an appeal of a patent infringement action against Sony involving CMOS image sensing chips.
- Represented Nine Line Apparel, Inc., in a patent infringement action regarding a garment.
- Represented Yowie, a candy manufacturer, in patent infringement action.
- Obtained an arbitration award of over $100 million on behalf of institutional investors against Egyptian guarantors of Eurobonds, and won related federal trial to pierce the corporate veils of the defaulting issuer and guarantor corporations.
- Represented the Association of Home Appliance Manufacturers in challenging the constitutionality and enforceability of a New York City law that required manufacturers to pay costs of recycling/recovery of refrigerants.
- Represented "litigation trust" for the benefit of bondholders of Semi-Tech Corporation—after its bankruptcy and collapse of its subsidiaries Singer Corp. and Akay Holdings—in pursuing claims against its auditors, directors and officers and Indenture Trustee.
- Represented an air-conditioner manufacturer in trial and appellate court, and succeeded in dismissing all claims against the client.
- Represented Clariti Eyewear, Inc. in trademark infringement action against Walman Optical Co. and Hydrogel Vision Corp.
- Represented the Congressional Medal of Honor Foundation as amicus curiae before the U.S. Supreme Court in a case involving First Amendment freedom of speech.
- Represented Louis Vuitton Malletier in numerous federal courts actions against trademark infringers.
- Represented CEO of Vanquish Worldwide in a contract and fraud dispute asserted by Afghanistan nationals.
- Represented an internet gaming company in a bankruptcy of its software developer.
Recognition & Awards
- New York Super Lawyers (2010 – 2020)
- Martindale-Hubbell AV Preeminent
- Order of the Coif
Involvement
- Member, Advisory Group to the New York State-Federal Judicial Council
- Member, Local Rules Committee of the US District Courts for the Southern and Eastern Districts of New York
- Director, Warrior Ranch Foundation
- Past Director and General Counsel, Congressional Medal of Honor Foundation
- Past Director and General Counsel, Marine Corps Scholarship Foundation
- Past Chair, Committee on Science and Law of the Association of the Bar of the City of New York
- Past President, New York Leatherneck Scholarship Ball Committee
- Member, Federal Bar Council
Recent Insights
Viewpoints
Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds
October 9, 2018 |Blog
On-line Arbitration Agreements: A Tale of Two “Click Wraps”
August 28, 2017 |Blog
Viewpoints
Vacatur of an Arbitration Award in an FAA Case on Non-FAA Grounds
October 9, 2018 | Blog | By Kevin Ainsworth
In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act (“FAA”). In Citizen Potawatomi Nation v. Oklahoma, 881 F.3d 1226 (10th Cir. 2018), the appellate court vacated the award because the parties’ agreement to arbitrate was deemed unenforceable. While the outcome of that case is, in considerable part, fact-specific, it involves issues having broader applicability.
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When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First
April 12, 2018 | Blog | By Kevin Ainsworth
An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive decision to that effect in Mobil Cerro Negro, Ltd. v. Bolivarian Republic of Venez., 863 F.3d 96 (2d. Cir. 2017).
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On-line Arbitration Agreements: A Tale of Two “Click Wraps”
August 28, 2017 | Blog | By Kevin Ainsworth
What makes an on-line arbitration agreement binding against a website user? In Meyer v. Uber Technologies, Inc., 2017 U.S. App. LEXIS 15497 (2d Cir. Aug. 17, 2017), the U.S. Court of Appeals for the Second Circuit issued a second decision on this issue, providing additional elucidation following its 2016 decision in Nicosia v. Amazon, Inc. 834 F.3d 220 (2d Cir. Aug. 24, 2016).
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A Primer for Enforcement in the U.S. of Foreign-Issued Arbitration Awards (Courtesy of the Second Circuit)
April 10, 2017 | Blog | By Kevin Ainsworth
In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States of a foreign-issued arbitral award, which is subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) and Chapter 2 of the Federal Arbitration Act (“FAA”).
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Back to School – Avoiding Theft of Data and Money via the “Business Email Compromise” Scam
September 8, 2016 | Blog | By Kevin Ainsworth
The FBI warned this summer that the “Business Email Compromise” (“BEC”) scam continues to grow, evolve, and target businesses of all sizes. As reported by the FBI in June, the scam had hit more than 22,000 victims for a combined dollar loss of greater than $3 billion – that’s billion with a B! And the latest evolution is even more threatening, potentially causing breaches of protected data.
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News & Press
Mintz Salutes Veterans Through Pro Bono and Community Service
November 11, 2020
Mintz Members Kevin Ainsworth and Brian Dunphy co-authored an article published by New York Law Journal that analyzes the conditions for, and limitations of, the Public Readiness and Emergency Preparedness Act (PREP Act) immunity during the COVID-19 global health crisis.
Copyright Litigation Strategies
April 3, 2019
Kevin Ainsworth is a Mintz litigator who authored the sixth chapter in Copyright Litigation Strategies, a comprehensive handbook discussing all aspects of copyright litigation considerations and analysis, and alternative dispute resolution.
Mintz Secures Full Patent Victory for Kowa Pharmaceuticals and Nissan Chemical in Lengthy Battle
September 22, 2017
Mintz has secured a string of substantial victories in Hatch-Waxman litigation for innovative drug manufacturers Kowa Pharmaceutical Co., Ltd., Kowa Pharmaceuticals America, Inc., and Nissan Chemical Industries Ltd.
Fourteen Mintz attorneys have been named New York Super Lawyers for 2017 and thirteen have been named New York Rising Stars. New York Super Lawyers recognizes the top lawyers with the highest degree of peer recognition and professional achievements.
Eighteen Mintz Attorneys Named 2013 New York Super Lawyers and Rising Stars
September 16, 2017
Sixteen Mintz attorneys have been named New York Super Lawyers for 2016 and twelve have been named New York Rising Stars. The list will be published in a special advertising supplement in The New York Times Magazine and in a stand-alone magazine, New York Super Lawyers - Metro Edition.
Mintz Member Kevin Ainsworth authored this profile on Judge Kevin Duffy, lauding him as a man of “unusual common sense, humor, and humility,” and highlighting his eventful 44 years on the bench.
Thirteen attorneys from Mintz have been named New York Super Lawyers for 2014 and eleven have been named New York Rising Stars. The list will be published in a special advertising supplement in The New York Times Magazine and in a stand-alone magazine, New York Super Lawyers - Metro Edition.