Kevin N. Ainsworth
Member / Co-Chair, Cross-Border Asset Recovery Practice
+1.212.692.6745
Kevin is a Member in Mintz’s Litigation Section and Co-Chair of the firm’s Cross Border Asset Recovery Practice. He focuses his practice on complex commercial litigation and representing clients in a diverse set of industries, including institutional investors, retail & consumer brands, and manufacturing. He has particular expertise in representing large institutional investors, including banks, financial services firms, and other stakeholders in complex global asset recovery cases with hundreds of millions of dollars at stake. Clients also rely on his legal experience and unique skillset to enforce and collect international arbitration awards. He also represents clients in mediations and arbitrations. With extensive experience as a court-appointed mediator, Kevin has a keen ability to see all sides of a dispute and to navigate toward an efficient outcome.
Kevin also skillfully litigates patent and trademark disputes for clients in the retail & consumer brands, technology, and manufacturing industries. Through his representation, Kevin has protected the intellectual property of some of the world’s largest brands as well as startup companies developing their rights. Most recently, he secured an extremely rare preliminary injunction on behalf of Spin Master Ltd., a toy manufacturer, in a contentious patent infringement case.
He graduated cum laude from Fordham University School of Law, was editor-in-chief of the Fordham Urban Law Journal, and was inducted into the Order of the Coif. 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 U.S. Marine Corps from 1986 to 1991 and has long been an avid and active supporter of veterans’ causes. 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 has served on other non-profit boards including the Warrior Ranch Foundation. He also has appeared on television nationally numerous times as a spokesperson for the Marine Corps Scholarship Foundation.
Experience
Complex Commercial Litigation
- Representing a client in federal court in New York in the enforcement of a $300 million award issued in an arbitration in Singapore.
- Represented Gretton Limited, a litigation funding vehicle for Oxus Gold plc, in an action to enforce/confirm a multimillion dollar international arbitration award in favor of Oxus Gold and against the Republic of Uzbekistan.
- Obtained an arbitration award of over $100 million on behalf of institutional investors, including UBS Securities, National Bank of Oman and the National Bank of Abu Dhabi, against Egyptian guarantors of Eurobonds, and won related federal trial to pierce the corporate veils of the defaulting issuer and guarantor corporations.
- Represented defendants in lawsuits in North Carolina and New York in which investors in China alleged fraud in connection with an EB-5 Program.
- Represented a "litigation trust" for the benefit of bondholders of Semi-Tech Corporation—after its bankruptcy and collapse of its subsidiaries Singer Corp. and Akai Holdings—in pursuing claims of more than $600 million against its auditors, directors, and officers.
- 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 an air-conditioner manufacturer in a contract dispute in trial and appellate court, and succeeded in dismissing all claims against the client.
- 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 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.
- Represented Serenova, LLC, a leading provider of intelligent cloud contact center solutions, in a contract dispute.
- Successfully settled a contract dispute on behalf of Kingdom Films, LLC, a slate-financing vehicle, adverse to The Walt Disney Co., over a dispute concerning the slate financing arrangement, which involved an investment of more than $200 million by our client.
Patent and Trademark Disputes
- Represented Spin Master Ltd., 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 enjoining the sales of the infringing toys by defendant.
- Represented Spark 451, Inc., a marketing company, in trademark suit against 451 Marketing, LLC.
- 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.
- Represented Clariti Eyewear, Inc. in trademark infringement action against Walman Optical Co. and Hydrogel Vision Corp.
- Represented Louis Vuitton Malletier in numerous federal courts actions against trademark infringers.
viewpoints
Life-Changing Support Services Help Veterans Move Forward
February 28, 2022 | Article
Many of our nation’s 18 million veterans experience significant day-to-day challenges related to their time in the military. Through our pro bono legal counsel and the firm’s community services, including a holiday gift drive for veterans, we assist many nonprofit and advocacy organizations working to improve veterans’ lives.
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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
Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List
September 22, 2023
NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.
SAN FRANCISCO – Mintz represented Ray Therapeutics, a San Francisco, CA-based optogenetics company, in the completion of an upsized and oversubscribed $100 million Series A financing round.
Twenty-six Mintz Attorneys Recognized as 2022 New York Super Lawyers and Rising Stars
September 29, 2022
17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.
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.
Spin Master Can Halt Rival's Toy Car Sales During Patent Fight
December 9, 2019
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.
Recognition & Awards
New York Super Lawyers (2010 – 2023)
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
- Past Director and General Counsel, Congressional Medal of Honor Foundation
- Past Director and General Counsel, Marine Corps Scholarship Foundation
- Past Director, Warrior Ranch 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
NEW YORK – Mintz is pleased to announce that 18 attorneys have been named New York Metro Super Lawyers and 11 attorneys have been named New York Metro Rising Stars by Super Lawyers for 2023.
SAN FRANCISCO – Mintz represented Ray Therapeutics, a San Francisco, CA-based optogenetics company, in the completion of an upsized and oversubscribed $100 million Series A financing round.
17 Mintz attorneys have been named New York Metro Super Lawyers and nine Mintz attorneys have been named New York Metro Rising Stars by Super Lawyers for 2022.
