Skip to main content

Kevin N. Ainsworth

Member

[email protected]

+1.212.692.6745

Follow:
Share:

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, and serves as general counsel to, the Congressional Medal of Honor Foundation. He 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.

Education

  • Fordham University (JD, cum laude)
  • University of Michigan (BS, Physics)

Experience

  • Currently representing Gretton Limited in an action to enforce/confirm an international arbitration award against the Republic of Uzbekistan.
  • 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 the bondholders of Semi-Tech Corporation—after its bankruptcy—in pursuing claims against its auditors 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 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 – 2018)
  • 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 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
  • Member, Federal Bar Association

Recent Insights

News & Press

Viewpoints

Viewpoint
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.
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).
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).
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”).
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.

News & Press

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.  
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.
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.