John E. Davis

Regulatory Response and Discovery

• Represented pools of executives from multiple financial institutions in responding to SEC subpoenas regarding personal device messaging retention practices, including responsibility for data strategy, productions, and data oversight.
• Managed data response in DOJ investigation of leading IT services and consulting company relating to multiple cyber breaches and leaks of protected information.
• Steered a global internet and communications company through responses to expansive investigative demands by the FTC and state consumer protection agencies regarding alleged consumer misrepresentations and data security incidents, resulting in no regulatory action.
• Managed discovery and data protection law compliance for a global financial institution in responding to U.S. and foreign government criminal and regulatory investigations and related litigations concerning cartel activity and rate manipulation in the foreign exchange and precious metals markets.
• Managed data responses to the DOJ’s and SEC’s “Sons and Daughters” investigation of potential FCPA anti-bribery violations relating to an investment bank’s hiring practices in Asia.
• Managed discovery for a wealth management firm in responding to multiple government investigations, noteholder litigations, and thousands of customer arbitrations relating to sales and investment practices for distressed Puerto Rican closed-end bonds.
• Managed discovery in a broad portfolio of matters for a health care services company, including products liability multidistrict litigations involving extensive HIPAA and other privacy issues.

Data Breach and Information Governance

• Conducted cross-border investigation and remediation of improperly managed client information, including providing global training on defensible data management practices.
• Investigated and advised the board of a global financial institution regarding a massive leak of its customer and proprietary data.
• Obtained a TRO on a vendor threatening to destroy billions of pages of company and client data and negotiated its return to client. GlaxoSmithKline LLC v. Discovery Works Legal Inc., et al. (N.Y. Sup. Ct).
• Oversaw the remediation of corrupted and overwritten information on thousands of backup tapes and other repositories, and defended a global pharmaceutical company against related claims of spoliation asserted in a complex antitrust action.
• Developed global processes for managing a bank’s privacy, data protection, subject access requests, and cross-border data transfers in connection with investigations and disputes, including compliance with EU GDPR and Swiss banking secrecy laws.
• 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.

Trade Secrets and Complex Litigation

• Trial counsel defending a leading Chinese pharmaceutical company and its U.S. affiliate against trade secrets and patent claims in parallel federal court actions involving extensive cross-border data investigations and discovery, discovery motion practice and hearings. Janssen Products LP et al., v. eVenus Pharm. Labs. Inc. et al., No. 1:22-cv-02499 (D.N.J.).
• Represented a corporate trustee in connection with its multibillion-dollar portfolios of complex structured financial products, including litigating in multiple forums claims relating to distressed collateralized debt obligations/collateralized mortgage obligations and regarding the validity of swap agreements; relatedly managed the valuation and liquidation of an array of defaulted synthetic CDOs during the height of the financial crisis.
• Represented a sovereign oil company in a $2 billion dispute in U.S. federal court and in an ICDR arbitration against claims relating to the formation of a long-term fuel supply agreement. Bitúmenes Orinoco v New Brunswick Power Holding, No. 1-05-cv-09485 (S.D.N.Y.).
• Represented the leading Japanese internet advertising company in New York Supreme Court and international arbitral proceedings against a global internet advertising and search company arising from a breach of regional exclusivity.
• Trial counsel for an information services company in a protracted contract and employment dispute culminating in three months of arbitral hearings.
• Trial counsel for a global manufacturing corporation in litigation against a former employee for his theft of confidential and proprietary information, involving international discovery, forensic investigation, and evidentiary hearings before obtaining a favorable settlement.
• 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

• Represented an inmate on Alabama’s death row in his Rule 32 petition for a new trial, from initial investigation through the weeklong evidentiary hearing, appeal to the Alabama Supreme Court, and federal habeas corpus proceedings. Musgrove v. State of Alabama, CC-87-402.60 (Ala.).
• Trial counsel for prisoner in his successful Section 1983 claim against Westchester County, New York. Obtained jury trial verdict finding the county liable and awarding significant damages with resulting attorney fees. Hutchinson v. McCabee, No. 95 CIV 5449 (S.D.N.Y.).

• Relativity: AI Visionary, 2022
• Burton Award, Distinguished Legal Writing, 2009