Overview
Kevin Downs represents plaintiffs and defendants in high stakes litigation across the country. He has secured wins in a diverse cross-section of practice areas including intellectual property, insurance, antitrust, energy, and data privacy. Likewise, his clients are diverse—Kevin has represented Fortune 10 companies, small businesses, and individuals. For his work in commercial litigation, class actions, and high-tech litigation, Kevin was recognized by Super Lawyers as a “Rising Star” in 2025.
As a former performing concert cellist comfortable in high-pressure situations, Kevin is at home in the courtroom. He has argued numerous motions in courts across the country, including case-dispositive motions. His successful cross-examination, oral argument, and briefing in a Daubert hearing resulted in fully excluding the other side’s engineering and liability expert in a design-defect case. Kevin has examined witnesses and successfully argued evidentiary issues in trial, and he has taken and defended dozens of depositions across the country.
COMPLEX LITIGATION EXPERIENCE
Most recently, Kevin took on industry giants AT&T, Verizon, T-Mobile, Ericsson, and Nokia, in patent infringement cases related to standard-essential patents for 5G and LTE wireless networks. He currently represents technology company, Xockets, in two patent-infringement cases against Amazon over the use of data-processing units in cloud-computing server networks.
Kevin previously represented a class of life insurance policyholders who alleged breach of contract against American National Insurance Company based on cost of insurance charges. Kevin argued the class representative’s motion for a service award in that case, and the court awarded one of the largest service awards it had ever given in any class action.
In the energy sector, Kevin secured a significant settlement for the founders of a Houston-based energy solutions company in a contractual dispute with the company’s investors. In that case, Kevin prevailed in every hearing held by the court. Representing midstream company Medallion Pipeline in a breach-of-contract case, Kevin triumphed in a temporary injunction hearing, allowing Medallion to immediately draw on almost $20 million in letter of credit proceeds before trial. Kevin then helped obtain a ruling from the Dallas Court of Appeals that reversed all findings of breach against Medallion.
BACKGROUND
Kevin joined Susman Godfrey after clerking for Judge Lee H. Rosenthal, then Chief Judge of the United States District Court for the Southern District of Texas. While clerking, Kevin worked on a wide range of cases, at both the trial-court and appellate levels.
Kevin graduated magna cum laude from the University of Pennsylvania Law School. Before law school, Kevin spent many years as a concert cellist. He served as the principal cellist of the Houston-based Mercury Chamber Orchestra, performed with the Houston Grand Opera, and has given recitals and taught across North America, Europe, and Asia. His performances have been broadcast around the world. He currently serves as a board member of the Mercury Chamber Orchestra.
Notable Representations
- In re Caustic Soda Antitrust Litigation (W.D.N.Y.). Represented Westlake Chemical Corporation against antitrust allegations related to the manufacture of caustic soda. In a big win for Westlake, the court ultimately denied class certification.
- ARM Energy Management LLC v. Medallion Pipeline Company, LLC (Dallas County). Represented Medallion in a breach-of-contract dispute with ARM Energy Management over pipeline and shipping terminal contracts. ARM alleged that Medallion breached the contracts and sought over $35 million in damages. Relying on the briefing and trial record developed by Susman Godfrey, the Dallas Court of Appeals found that ARM could not show breach by Medallion, and reversed for the district court to consider Medallion’s counterclaims.
- Wynnewood Energy Co., LLC v. Exxon Mobil Corp. (Delaware). Represents Wynnewood Energy in a contractual dispute with Exxon related to indemnity clauses in a purchase and sale agreement. The case is currently pending in Delaware Superior Court.
- Luminant Generation Company LLC v. Alcoa USA Corp. (Dallas County). Secured confidential settlement for Luminant in a commercial dispute with Alcoa related to a contract for decommissioning power plant assets.
- Last Mile Energy Holdings LLC v. John Knox Porter Jr. (Harris County). Secured win for Last Mile Energy Holdings and its founders in a contractual dispute with an investor over an improper takeover attempt. Kevin’s team prevailed in obtaining an emergency temporary restraining order, and ultimately settled the case on favorable, confidential terms. Read more about Kevin’s argument here (subscription required).
- Houston Specialty Insurance Company v. First Indemnity Insurance Agency, Inc. (S.D. Tex.). Served as counsel to Skyward Insurance in a breach-of-contract case against First Indemnity Insurance Agency, alleging that First Indemnity had breached its underwriting authority and issued policies outside its authority. 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.
- Yearby v. American National Insurance Company (N.D. Cal.). Represented a class of life insurance policyholders suing American National Insurance Company over unlawfully high cost of insurance charges. Susman Godfrey secured a settlement for the class, which was approved by the court.
- Pegasus Wireless Innovation LLC v. Verizon Communications Inc. et al (E.D. Tex.). Represented Pegasus Wireless in a group of cases, asserting patent-infringement claims against AT&T, Verizon, and T-Mobile over standard-essential patents for 5G and LTE wireless networks. The cases settled on confidential terms.
- Xockets, Inc. v. Amazon.com, Inc. et al (W.D. Tex.). Represents Xockets, Inc. in two patent-infringement cases against Amazon, alleging infringement of Xockets’ patents related to data-processing units.
- In re Accellion, Inc. Data Breach Litigation (N.D. Cal.). Appointed as co-lead counsel, representing a class of individuals whose confidential information was exposed during the Accellion data breach. The class has prevailed in two motions to dismiss and the court granted class certification, based on briefing largely drafted by Kevin.
Honors & Distinctions
Honors and Awards
- Rising Star, Texas Super Lawyers (2025, Thomson Reuters)
Clerkships
- Honorable Lee H. Rosenthal, Chief Judge, United States District Court for the Southern District of Texas
Education
Education
- University of Pennsylvania Carey Law School (J.D., magna cum laude)
- New England Conservatory (M.M., cello performance)
- Cleveland Institute of Music (B.M., cello performance)
Admissions
Admissions
Bar Admissions
- Texas
- California
Court Admissions
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of Michigan
