Photograph of John E. Davis

Education

  • Georgetown University Law Center, J.D., magna cum laude, Order of the Coif, Senior Articles Editor, American Criminal Law Review
  • University of Illinois, B.A., with distinction

Admissions

  • New York

John E. Davis

,
 Senior Counsel New York
jdavis@crowell.com
Phone: +1 212.895.4204
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

John Davis is co-chair of Crowell & Moring’s E-Discovery & Information Management Practice and a member of the Litigation Group. John has over 20 years of experience advising clients on information law issues – including discovery, data analytics, privacy, cross-border transfers, cybersecurity, information governance and emergent technology – and representing companies in complex litigations. He leads responses to U.S. and foreign governmental inquiries, conducts international investigations of data breaches, and counsels companies on managing data risk in litigation and through their policies and procedures. John is an award-winning author and frequent lecturer on investigations and information law.

John received his law degree magna cum laude from the Georgetown University Law Center, where he was admitted to the Order of the Coif and served as senior articles editor of the American Criminal Law Review. Before joining Crowell & Moring, John was counsel at UBS and the head of its Global Complex Cases – E-Discovery group. John also practiced at an international law firm based out of its New York and San Francisco offices.

John is a member of the bars of the States of New York and California (inactive), the U.S. Supreme Court, the U.S. Courts of Appeals for the Second and Eleventh Circuits, and multiple federal district courts.

Representative experience

E-Discovery, Privacy, and Information Management

  • Managed E-Discovery and analytics on behalf of a global financial institution in:
    • The investigation and related litigations concerning rate manipulation in the foreign exchange (FX) and precious metals markets, including directing technology usage, cross-border transfers, and data security.
    • The investigation of potential FCPA violations and other misconduct relating to hiring practices in China, including coordinating the review of data in China for State Secrets and its cross-border transfer.
    • Thousands of customer arbitrations as well as regulatory investigations and litigations relating to the collapse of the Puerto Rican economy and bond market.
  • Led discovery efforts for an international media group in a multi-defendant antitrust litigation regarding wholesaler pricing and distribution arrangements.
  • Led discovery efforts for a global financial institution in a long-running multi-defendant patent litigation regarding check imaging.
  • Designed the information governance processes of a global manufacturing group across regions and lines of business.
  • Designed the information governance processes of an international technology and defense systems manufacturer.

Data Breach and Misuse

  • Obtained for a global pharma company a TRO against its vendor holding hostage billions of pages of company/client data.
  • Investigated and advised the board of a global financial institution regarding a massive leak of its customer and proprietary data.
  • Assessed and oversaw the remediation of corrupted and overwritten information on thousands of backup tapes and other repositories, and defended a global pharma company against related claims of spoliation asserted in a complex antitrust action.
  • Conducted the cross-border investigation and remediation of a global financial institution’s improperly managed client information, and created, implemented, and provided global training on processes for the defensible management of such information. 

Complex Litigation

  • Represented a corporate trustee as trial and transactional counsel in connection with its multibillion-dollar portfolios of complex structured financial products, including litigating in multiple forums claims relating to distressed CDOs/CMOs and regarding the validity of swap agreements; and managing the valuation and liquidation of an array of defaulted synthetic CDOs during the height of the financial crisis.
  • Represented the Venezuelan national oil company and its subsidiary in a multibillion-dollar dispute in U.S. federal court proceedings and before ICDR arbitrators over the formation of an alleged long-term fuel supply agreement.
  • Represented a Japanese web advertising company in multiforum proceedings against a leading internet advertising and search company arising from the claimed breach of regional exclusivity agreement.
  • Represented an international information services company in a protracted contract and employment dispute culminating in three months of arbitral hearings.
  • Represented a global manufacturing corporation in its litigation against a former employee for his theft of confidential and proprietary information, involving extensive international discovery and forensic investigation.
  • Submitted an amicus brief on behalf of the American Bankers Association to the New York Court of Appeals in Racepoint Partners, LLC et al. v. JPMorgan Chase Bank, N.A.

Pro Bono

  • Representation of an inmate on Alabama death row in his Rule 32 petition for new trial, from discovery through the week-long evidentiary hearing, appeal to the Alabama Supreme Court, and federal habeas corpus proceedings.
  • Representation of an inmate in his Section 1983 claims against the County of Westchester, resulting in a federal court jury trial finding the County liable and awarding significant damages with resulting attorney fees.


Affiliations

Admitted to practice: New York, California (inactive), the U.S. Supreme Court, the U.S. Court of Appeals for the Second Circuit, the U.S. Court of Appeals for the Eleventh Circuit, and multiple federal district courts.

Professional Activities & Memberships

  • The Sedona Conference Working Group 1 on Electronic Document Retention and Production
  • The Sedona Conference Working Group 6 on International Electronic Information Management, Discovery, and Disclosure
  • The Sedona Conference Working Group 11 on Data Security and Privacy Liability (Dialogue leader)
  • The International Association of Privacy Professionals (Member)

Honors

  • Burton Award Winner for Distinguished Legal Writing


Speeches & Presentations

  • "GDPR + NYDFS Cybersecurity Regulations: Keeping up with Compliance on a Local and Global Scale," General Counsel Conference, New York (September 2018). Speaker: John E. Davis.
  • "Hurricane Schrems: GDPR Risks that U.S. Companies Can’t Ignore,” Electronic Discovery Institute (EDI) Summer Meeting, New York (June 2018). Speaker: John E. Davis.
  • "Deconstructing eDiscovery Spend: If You Can’t Measure & Manage It, You Can’t Improve It," EDI Leadership Summit, Arizona (October 2017). Speaker: John E. Davis.
  • "The Changing Face of Global Compliance," OpenText Enterprise World 2017 Conference, Toronto, Canada (July 2017). Speaker: John E. Davis.
  • "Regulators Always Ring Twice: Using Technology in Response to Government Investigations," Legaltech, New York (February 2017). Speaker: John E. Davis.
  • "TAI: Technology Assisted Investigations for the Enterprise," Legaltech, New York (February 2017). Speaker: John E. Davis.
  • "The Data Privacy Landscape: Emerging Laws Affecting Cross-Border Discovery," Legaltech, New York (February 2017). Speaker: John E. Davis.
  • "Regulators Always Ring Twice: Using Technology in Response to Government Investigations," EDI Leadership Summit, Florida (October 2016). Speaker: John E. Davis.
  • "Ethical Obligations in Complex Litigation," In-House Innovates East Conference, New York (October 2016). Speaker: John E. Davis.
  • "Data Security: The Role of the Corporate Legal Department," Legaltech, New York (February 2016). Speaker: John E. Davis.
  • "Global Enterprise Discovery Management," The EDI Annual Leadership Conference (October 2015). Speaker: John E. Davis.
  • "We’re Here: Cybersecurity Requirements for Regulated Entities," The Government Investigations & Civil Litigation Institute Annual Leadership Conference (October 2015). Speaker: John E. Davis.
  • "Beyond the Corporate Walls: Managing Data Security and Privacy in Discovery," Legaltech West 2015 (July 2015). Speaker: John E. Davis.
  • "Managing Expectations: The SEC & FTC Target InfoSEC Compliance," RSA Conference (April 2015). Speaker: John E. Davis.
  • "The Data Syndrome: Collecting & Extracting Data from Challenging Jurisdictions," EDI Leadership Summit (November 2014). Speaker: John E. Davis.
  • "eDiscovery for Government Investigations," Legal Tech West Coast (June 2014). Speaker: John E. Davis.
  • "Transforming Electronic Data Discovery: Integrating New Technologies to Optimize Quality and Reduce Expenses," Virtual Legal Tech Webinar (May 2014). Speaker: John E. Davis.
  • "TAR for the Real World: Practical Problems, Pragmatic Solutions," Catalyst/Hughes Hubbard Seminar (May 2014). Speaker: John E. Davis.
  • "Audio Discovery: Hear What You’ve Been Missing," Legaltech Conference (February 2014). Speaker: John E. Davis.
  • "The Cross-Border Quandary: Facilitating eDiscovery While Protecting Data Privacy," Cybit/The Computer Forensics Show (May 2013). Speaker: John E. Davis.
  • "Effective eDiscovery Management Strategies in Large Scale Litigation and Class Actions," NY IQPC Forum (December 2011). Speaker: John E. Davis.
  • "eDiscovery Implications of the Financial Crisis," Recommind Press/Regulator Roundtable (September 2010). Speaker: John E. Davis.
  • "Cross-Border Implications of the Zubulake Decision," IQPC eDiscovery Summit, Canada (June 2010). Speaker: John E. Davis.


Publications

  • "E-Discovery – AI: E-Discovery Gets Smarter," Crowell & Moring's Litigation Forecast 2019 (January 9, 2019). Contributor: John E. Davis.
  • "The Sedona Conference Commentary on Privacy and Information Security: Principles and Guidelines for Lawyers, Law Firms, and Other Legal Service Providers," 17 Sedona Conf. J. 1 (2016). Author: John E. Davis.
  • "WG11 Data Breach Response Guide," The Sedona Conference Annual Meeting, Working Group 11 on Data Security and Privacy Liability (December 2015). Author: John E. Davis.
  • "Information Technology," Chapter 115, Business and Commercial Litigation in Federal Courts (Robert L. Haig, ed., 2013). Author: John E. Davis.
  • "Perspectives on Data Preservation, Proportionality and Pippins," New York Law Journal (May 2012). Co-Author: John E. Davis.
  • "Computer Forensics in IP Theft Litigation and Investigations," Executive Counsel Magazine (December 2010/January 2011). Author: John E. Davis.
  • "When Vendors Collapse," National Law Journal (March 23, 2009). Co-Author: John E. Davis.
  • "Does Your Search Pass Judicial Scrutiny?" New York Law Journal (October 27, 2008). Co-Author: John E. Davis.


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Oct.24.2018 Experienced E-Discovery Lawyer John Davis Joins Crowell & Moring in New York