Biography

Kevin Downs helps clients navigate significant commercial disputes through meticulous preparation, strategic advocacy, and litigation strategies aligned with their business objectives. Drawing on his experience as a professional cellist, he brings discipline, poise, and the ability to perform under pressure to every stage of litigation.

Kevin represents plaintiffs and defendants in commercial litigation matters nationwide, guiding cases through trial and appeal. His experience includes matters involving antitrust claims, breach of contract, business torts, patent infringement, data-privacy violations, wrongful death, and premises liability. Kevin’s clients range from individuals to Fortune 50 companies across a variety of industries, including energy, retail, insurance, and technology.

Prior to his legal career, Kevin served as principal cellist of the Houston-based Mercury Chamber Orchestra and performed with the Houston Grand Opera. He also gave recitals and taught cello across North America, Europe, and Asia. He currently serves as a board member of the Mercury Chamber Orchestra.

Representative Matters

Representations prior to joining Reynolds Frizzell

Antitrust

• Represented major chemical company against antitrust allegations related to the manufacture of caustic soda. The court ultimately denied class certification.

Energy

• Represented midstream client in a breach-of-contract dispute over pipeline and shipping terminal contracts, defeating a temporary injunction request and allowing the client to draw on millions in letter of credit proceeds.
• Represented energy company in a contractual dispute related to indemnity clauses in a purchase and sale agreement for Louisiana oil and gas assets.
• Secured confidential settlement for energy client in a commercial dispute related to a contract for decommissioning power plant assets.
• Secured win and confidential settlement for the founders of a Houston-based energy company in a contractual dispute with their former investor over an improper takeover attempt. Read more about Kevin’s argument here (subscription required).

Insurance

• Served as counsel to an insurance carrier in a breach-of-contract case against its underwriter. Kevin spearheaded offensive and defensive discovery and expert work and took and defended the key depositions that resulted in a confidential, favorable settlement for the client.
• Represented a class of life insurance policyholders alleging unlawfully high cost of insurance charges, securing a settlement for the class that was approved by the court.

Intellectual Property

• Represented wireless technology company in a group of cases, asserting patent-infringement claims against major wireless carriers over standard-essential patents for 5G and LTE wireless networks.
• Represented artificial-intelligence company in two patent-infringement cases alleging infringement of patents related to data-processing units.
• Represented technology company in a set of patent-infringement cases against major international battery suppliers.

Privacy

• Appointed as co-lead counsel and secured class certification for a class of individuals whose confidential information was exposed during a major data breach.