LEVI M. DOWNING
Special Counsel
(212) 808-7812 (212) 808-7812
LEVI M. DOWNING Special Counsel
Levi Downing is special counsel in the litigation group focusing his practice on commercial and intellectual property disputes, including trademark, trade dress, unfair competition and copyright cases.  Additionally, Levi is very experienced in the nuance of bilateral investment treaty protections and the enforcement of arbitration awards and foreign judgments in the United States.

Levi is sought out for his writing skills and details to case management abilities.
 
Intellectual Property Litigation

Part of a team that has represented several clients seeking declaratory judgments that they did not breach software licensing agreements, or otherwise infringe the copyrights of software companies.

Part of a team that prosecuted numerous trademark infringement claims for a leading fashion company in federal court and arbitration.

Assisted in the representation of a leading jewelry retailer in a trademark dispute and successfully obtained affirmance by the Sixth Circuit Court of Appeals of an order granting summary judgment in favor of our client.

Successfully defended a leading beauty products company against trademark infringement claims concerning the client’s trademark use outside of the United States.

International Arbitration

Representing a major international construction company in an arbitration brought against the Republic of Argentina, before the International Centre for Settlement of Investment Disputes. Claims in the arbitration are made pursuant to the bilateral investment treaty between Germany and Argentina.

Member of the litigation team in an action against Nigeria involving the enforcement of an approximately $275 million arbitration award and foreign judgment confirming the award.  Obtained an unprecedented award of sanctions against Nigeria for failing to comply with post-judgment discovery regarding its assets in the United States.

Part of a team that successfully obtained temporary and preliminary enforcement in Delaware of a worldwide asset freeze issued by the High Court of Justice, Queen’s Bench Division Commercial Court in London, in connection with a London arbitration.

Employment Litigation

Member of the litigation team representing international video game publisher in multimillion-dollar dispute with a departing senior executive.  Matter included extensive pre-litigation mediation, followed by dual-tracked litigations in state and federal court, appeals, and related insurance coverage litigation.

Successfully defended various clients against claims of employment discrimination on the basis of race, gender, and marital status in state and federal courts and before the New York State Division of Human Rights and Equal Employment Opportunity Commission.

Assisted in obtaining a favorable settlement of disability discrimination claims under the Americans with Disabilities Act for a major telecommunications company.

Advised a leading manufacturing and trading company on its potential liability under The Worker Adjustment and Retraining Notification Act in connection with the client’s purchase of substantially all of the assets of a manufacturer in bankruptcy, which resulted in Kelley Drye being awarded the 2014 Retail Manufacturing/Distribution Deal of the Year by M&A Advisor.
 

About

Levi Downing is special counsel in the litigation group focusing his practice on commercial and intellectual property disputes, including trademark, trade dress, unfair competition and copyright cases.  Additionally, Levi is very experienced in the nuance of bilateral investment treaty protections and the enforcement of arbitration awards and foreign judgments in the United States.

Levi is sought out for his writing skills and details to case management abilities.
 

Experience

Intellectual Property Litigation

Part of a team that has represented several clients seeking declaratory judgments that they did not breach software licensing agreements, or otherwise infringe the copyrights of software companies.

Part of a team that prosecuted numerous trademark infringement claims for a leading fashion company in federal court and arbitration.

Assisted in the representation of a leading jewelry retailer in a trademark dispute and successfully obtained affirmance by the Sixth Circuit Court of Appeals of an order granting summary judgment in favor of our client.

Successfully defended a leading beauty products company against trademark infringement claims concerning the client’s trademark use outside of the United States.

International Arbitration

Representing a major international construction company in an arbitration brought against the Republic of Argentina, before the International Centre for Settlement of Investment Disputes. Claims in the arbitration are made pursuant to the bilateral investment treaty between Germany and Argentina.

Member of the litigation team in an action against Nigeria involving the enforcement of an approximately $275 million arbitration award and foreign judgment confirming the award.  Obtained an unprecedented award of sanctions against Nigeria for failing to comply with post-judgment discovery regarding its assets in the United States.

Part of a team that successfully obtained temporary and preliminary enforcement in Delaware of a worldwide asset freeze issued by the High Court of Justice, Queen’s Bench Division Commercial Court in London, in connection with a London arbitration.

Employment Litigation

Member of the litigation team representing international video game publisher in multimillion-dollar dispute with a departing senior executive.  Matter included extensive pre-litigation mediation, followed by dual-tracked litigations in state and federal court, appeals, and related insurance coverage litigation.

Successfully defended various clients against claims of employment discrimination on the basis of race, gender, and marital status in state and federal courts and before the New York State Division of Human Rights and Equal Employment Opportunity Commission.

Assisted in obtaining a favorable settlement of disability discrimination claims under the Americans with Disabilities Act for a major telecommunications company.

Advised a leading manufacturing and trading company on its potential liability under The Worker Adjustment and Retraining Notification Act in connection with the client’s purchase of substantially all of the assets of a manufacturer in bankruptcy, which resulted in Kelley Drye being awarded the 2014 Retail Manufacturing/Distribution Deal of the Year by M&A Advisor.
 
Publications
December 2016 | Books
Business and Commercial Litigation in Federal Courts (4th Ed. 2016)
November 2015 | Books
Commercial Litigation in New York State Courts, Fourth Edition (2015)