Introduction
Paul F. Downs is a New York–based commercial litigator and first-chair trial lawyer representing companies, institutions, and individuals in high-stakes New York commercial litigation, federal business disputes, New York Commercial Division matters, arbitrations, and appeals. He is known for leading complex disputes, jury trials, and appeals involving nine-figure and billion-dollar claims, and for delivering results aligned with clients’ business objectives and litigation risk tolerance.
My focus
I litigate complex New York commercial disputes and federal business litigation for public and private companies, financial institutions, and emerging growth businesses. My practice focuses on federal and New York Commercial Division trial and appellate litigation and arbitrations (AAA, FINRA, JAMS, and international arbitrations), involving high-stakes commercial contract disputes, trade secrets and restrictive covenant litigation, and real estate and development disputes. I regularly appear in New York state and federal courts, including the Southern and Eastern Districts of New York.
I represent clients across a wide range of highly regulated, capital-intensive, and international industries, where disputes often involve significant financial exposure, regulatory scrutiny, and operations risk. My industry experience includes:
- Import and export companies, including disputes involving international supply chains, distribution agreements, tariffs, and cross-border regulatory issues
- Energy and environmental matters, including billion-dollar environmental and regulatory disputes
- Banking and financial services involving complex commercial, fiduciary, and contractual claims
- Life sciences and biotechnology, including pharmaceutical and biopharmaceutical disputes involving patent and trade secrets issues
- Real estate and development, including large-scale commercial real estate and infrastructure projects
- Transportation and aviation, including representation of a major airline
- Manufacturing, textiles, and consumer goods, including complex, international contractual and trademark disputes
- Alcohol, hospitality, and regulated consumer products, including advising distilleries on various business and regulatory issues
- Entertainment, sports, and media, including professional sports league matters
- Technology and data-driven businesses, including disputes involving emerging technologies and AI-adjacent issues
I am also an editor of the New York Commercial Division Practice Guide, part of Bloomberg Law’s Litigation Practice Portfolio Series, and serve as an Adjunct Professor of Law at Fordham University School of Law, where I teach Commercial Litigation and Legal Writing. I frequently author and comment on New York Commercial Division practice and developments in commercial litigation.
I am frequently consulted for complex New York commercial litigation, trial strategy, and appeals involving high-dollar business disputes.
Representative experience
- First-chair trial counsel in a Southern District of New York federal jury trial, securing a landmark $24 million net verdict and recovery of attorneys’ fees
- Successful appeal arising from a $1 billion fiduciary dispute
- Complete defense victory in a $130 million AAA real estate arbitration
- Defense of Fortune 100 and Fortune 500 companies in complex commercial contract and trade secret disputes
- Successful representation of a biopharmaceutical company in international arbitration
- Representation of a professional sports league and member clubs in franchise relocation litigation
- Representation of a major airline in complex contractual disputes
- Pro bono trial counsel for individuals in section 1983 disputes
Looking ahead
I closely monitor and write about emerging challenges in the use of generative AI, including the evolving legal standards governing AI, discovery, evidence, and professional responsibility.
/Insights
Clerkship
- Law clerk to the Honorable David. J. Hale, United States District Court for the Western District of Kentucky
Presentations
- “Litigating in New York: Updates to the Rules,” New York City Bar Association, December 2025 (speaker)
- “Meet NY’s Commercial Judges—by and for Junior Lawyers—Part 3,” New York State Bar Association, December 2022 (moderator)
Publications
- “Litigation: Current Practice and Proposed Changes,” New York Law Journal, January 2026 (co-author)
- “Presumptive Mediation in the Commercial Division,” New York Law Journal, October 2025 (co-author)
- “Qualifying for Assignment to the Commercial Division,” New York Law Journal, August 2025, (co-author)
- “Contempt of Court Orders in the Commercial Division,” New York Law Journal, April 2025, (co-author)
- “Commercial Division Now Requires Initial Disclosures,” Law.com, June 20, 2025 (co-author)
- “The Art and Science of Statements of Material Facts in Commercial Division Cases,” New York Law Journal, February 2025, (co-author)
- “Effective Use of Interrogatories in Commercial Division Cases,” New York Law Journal, October 2024, (co-author)
- “What You Need to Know About New York Commercial Division Rule 13(c),” New York Law Journal, October 2024, (co-author)
- “New York's New Approach to Non-Compete Agreements,” NYSBA New York Litigator, October 2023, (co-author)
In the news
- New York Law Journal
AI in New York litigation: Current practice and proposed changes
Jan 5, 2026New York City Complex Disputes partner Paul Downs, co-chair of the Commercial Division Committee of the Commercial & Federal Litigation Section (ComFed) of the New York State Bar Association, co-authored this article discussing how New York courts are addressing the use of AI in litigation.
- New York Law Journal
Presumptive mediation in the Commercial Division
Oct 22, 2025New York City Complex Disputes partner Paul Downs, co-chair of the Commercial Division Committee of the Commercial & Federal Litigation Section (ComFed) of the New York State Bar Association, co-authored this article discussing the increase in New York’s Commercial Divisions using early mediation to resolve business disputes quickly and cost-effectively.
- New York Law Journal
Qualifying for assignment to the Commercial Division
Aug 12, 2025New York City Complex Disputes partner Paul Downs, co-chair of the Commercial Division Committee of the Commercial & Federal Litigation Section (ComFed) of the New York State Bar Association, co-authored this article discussing the criteria for qualifying a case for assignment to New York’s Commercial Division.
Romania secures hold on ‘stolen’ El Greco as court filings reveal Dmitry Rybolovlev is its owner
June 21, 2025This article quotes a statement from NP, which is for representing the state of Romania in the legal dispute over ownership of an El Greco painting that was pulled from a Christie’s New York sale in February, following a claim by the Romanian government that the work belongs to its national collection. The NP team is led by Los Angeles Privacy & Technology partner Thaddeus Stauber, leader of the Arts & Cultural Institutions team, and counsel Aaron Brian of Los Angeles, and includes Complex Disputes partner Paul Downs of New York City, associate Zachary Osinski of Los Angeles, and practice assistant Heidi Gutierrez.
- New York Law Journal
Commercial Division now requires initial disclosures
June 20, 2025New York City Complex Disputes partner Paul Downs, co-chair of the Commercial Division Committee of the Commercial & Federal Litigation Section (ComFed) of the New York State Bar Association, co-authored this article discussing Commercial Division Rule 11-h. Taking effect on July 7, 2025, the new rule will require parties litigating in the Commercial Division to exchange certain categories of basic information at the outset of every case without awaiting service of formal discovery demands.
- Law360
Attorneys who moved up the firm ranks in Q1
May 14, 2025This roundup of partner-level promotions from the first quarter of 2025 includes the partner elevations of Complex Disputes partners Paul Downs of New York City, Eric Ferrante of Rochester and Christie Kurow of Chicago; San Francisco Privacy & Technology partner Andrew Winetroub; Washington, DC Affordable Housing & Real Estate partner Rebecca Simon; and Boston Community Development Finance partner Justin Fitzgerald. Washington, DC AHRE partner Colette Dafoe and Chicago PBFN partner Julie Seymour’s appointments to NP’s Management Committee are featured, as are Washington, DC partner Greg Doran’s selection as head of NP’s PFIRE department and Boston partner Jeff Gilbreth’s appointment as Labor & Employment practice group leader.
- New York Law Journal
Contempt of court orders in the Commercial Division
April 23, 2025New York City Complex Disputes partner Paul Downs, co-chair of the Commercial Division Committee of the Commercial & Federal Litigation Section (ComFed) of the New York State Bar Association, co-authored this article discussing the legal intricacies of contempt sanctions in recent Commercial Division cases.
- New York Law Journal
Attorneys ‘on the move’
Feb 6, 2025This roundup article of recent promotions and moves across the state highlights Complex Disputes partners Paul Downs of New York City and Eric Ferrante of Rochester for their promotions to partner.
What you need to know about New York Commercial Division Rule 13(c)
Sep 13, 2024New York City Complex Disputes counsel Paul Downs, co-chair of the Commercial Division Committee of the Commercial and Federal Litigation Section (ComFed) of the New York State Bar Association, co-authored this article discussing the importance of the state’s Commercial Division Rule 13(c) and how the courts apply it. The rule streamlines the process of introducing expert analysis and opinions into the courtroom, ensuring that such submissions are relevant and reliable.
- The American Lawyer
Litigator of the Week Runners-Up and Shout Outs
May 31, 2024This article covers a New York Court of Appeals decision that allows for a revival of claims against FanDuel asserted by the founders, former employees, and early investors of the sports gambling company. The coverage highlights Complex Disputes counsel Erik Goergen of Buffalo for representing the plaintiffs in the case.
- NYSBA NYLitigator
New York’s new approach to non-compete agreements
Oct 16, 2023Complex Disputes counsel Paul Downs and department attorney Vincent Nguyen, both of New York City, contributed this article discussing New York’s proposed law banning non-compete agreements and what it means for both employers and workers.
- New York Law Journal
Your Commercial Division ‘tool kit’
Aug 17, 2023This article reviews the 2023 “New York Commercial Division Practice Guide,” which was co-edited by New York City Complex Disputes senior counsel Stephen P. Younger. The guide serves as a tool kit for lawyers who appear in the Commercial Division. New York City Complex Disputes counsel Paul Downs also contributed to the guide.
- Law360
Nixon Peabody expands complex disputes practice in New York
March 6, 2023This article focuses on the arrival of New York City Complex Disputes counsel Paul Downs to the firm, detailing his practice area, career, and why he chose NP. The article also highlights the recent arrival of New York City Complex Disputes senior counsel Stephen P. Younger, noting the two attorneys’ longstanding working relationship. It also quotes Chicago partner and Complex Disputes practice leader John Ruskusky and New York City Office Managing Partner Ilana Kameros.
Admitted to practice
New York
U.S. Court of Appeals, Second Circuit
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Western District of Kentucky
Education
Georgetown University Law Center, J.D.
Centre College, B.A.
Professional activities
- New York State Bar Association, ComFed, Vice chair-elect; Commercial Division Committee, Co-chair
- New York City Bar Association, State Courts of Superior Jurisdiction Committee
- American Bar Association
- Fordham University School of Law, Adjunct Professor
- Centre College’s Law, Policy, and Government Advisory Board
- American Bar Foundation, Fellow
- New York Bar Foundation, Fellow
Insights And Happenings
View AllProfessionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:+1 415.984.8309
- abarron@nixonpeabody.com
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Robert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:+1 617.345.1335
- rfisher@nixonpeabody.com
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Jenny L. Holmes
Partner / Deputy Leader, Cybersecurity & Privacy- Rochester
- Office:+1 585.263.1494
- jholmes@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:+1 312.977.4460Mobile:+1 708.606.8720
- jtruskusky@nixonpeabody.com
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