Patrick Downes concentrates his practice on complex commercial litigation, including consumer protection class actions and government regulatory actions and investigations brought by the Federal Trade Commission and state regulators, false and deceptive advertising actions and consumer claims. This experience encompasses a variety of industries, including behavioral advertising and affiliate marketing, debt settlement, member shopping clubs, merchant credit card processing and escrow obligations of title insurers.
Mr. Downes has a proven ability to provide effective counseling in crisis situations and with respect to improving routine operations to minimize risk. He counsels regarding compliance with state and federal advertising requirements for consumers and in-house monitoring regarding third-party publishers’ compliance with same, cyber insurance (data breach) policies, management of safety-related product recalls, including indemnification and strategy regarding recall insurer, and supervision and direction of insurance panel counsel regarding products-liability claims. His litigation background enables him to provide real-world assessment of risk and concrete implications of business decisions.
He also maintains a general business litigation practice and has experience handling partnership disputes, securities class actions, SEC enforcement and state board of accountancy matters involving allegations of securities fraud, including misstated financial statements and accounting fraud, misleading projections, improper revenue recognition, improper accounting for special purpose entities and insurance reserves. These matters have involved entities in a variety of industries, including real estate, mortgage loan servicing, government contractors and healthcare.
Additionally, Mr. Downes has substantial experience with insurance coverage disputes and obligations of corporate directors and officers.