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John E. Davis

Counsel
New York

Counsel, New York

T: +1.212.858.1175
T: +1.212.858.1175

Areas of Focus

John Davis is a skilled and strategic litigator who owns discovery risk in matters, from inception to trial. He litigates the case and controls the data that wins it. As Head of Pillsbury’s eDiscovery Consulting practice, John advises clients on data privacy and security, electronic discovery, and information governance issues and obligations, as well as managing computer forensic and data security breach investigations.

John has over 20 years of experience in-house and as external counsel representing companies in complex litigations and investigations. He applies a business-minded point of view to lead teams responding to governmental inquiries; conduct international investigations of fraud and abuse, trade secrets theft, sanctions violations and security incidents; and counsel clients on compliant practices in a broad range of disciplines. John is a recognized leader in the application of Artificial Intelligence and advanced workflows to investigations and litigations, and is a frequent lecturer and writer on these topics.

Representative Experience

  • Served as trial counsel defending China’s largest pharmaceutical company and its U.S. affiliate against theft of trade secrets and patent infringement claims in parallel federal court actions involving far reaching cross-border investigations and discovery in three continents, serial applications for injunctive relief, and extensive motion practice. Janssen Products LP et al., v. eVenus Pharm. Labs. Inc. et al., No. 1:22-cv-02499 (D.N.J.).
  • Steered a global internet and communications company in responding 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 leading global financial institution in responding to U.S. and multiple foreign governments’ bet-the-company criminal and regulatory investigations concerning cartel activity and rate manipulation in the foreign exchange and precious metals markets.

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  • Trade Secrets and Complex Litigation
    • Served as trial counsel defending China’s largest pharmaceutical company and its U.S. affiliate against theft of trade secrets and patent infringement claims in parallel federal court actions involving far reaching cross-border investigations and discovery in three continents, serial applications for injunctive relief, and extensive motion practice. Janssen Products LP et al., v. eVenus Pharm. Labs. Inc. et al., No. 1:22-cv-02499 (D.N.J.).
    • Successfully opposed a forum non-conveniens motion in a copyright infringement battle between Singapore and a Chinese gaming companies, coordinating expert declarations of Chinese, Singapore, and U.S. IP and discovery law and resulting in denial of the motion and fast tracking of the case for trial. VoyagerOne Pte. Ltd. v. StarFortune Interactive Ent. Tech. Co., Ltd., 2:25-cv-04730-SVW-AGR (C.D. Cal.).
    • 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.
    • Served as trial counsel for an information services company in a protracted contract and employment dispute culminating in three months of arbitral hearings.
    • Served as 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.
    • Authored 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.
  • Regulatory Response and Discovery
    • Managed data response strategy and execution in an expansive, high stakes OFAC subpoena of a non-U.S. transportation company investigating potential Cuba sanctions and export controls violations, resulting in no civil penalties.
    • 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 DOJʼs and SECʼs “Sons and Daughters” investigation of potential FCPA anti-bribery violations relating to an investment bankʼs 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 bankʼs 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.
  • Pro Bono
    • Represented an inmate on Alabamaʼs 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.).
    • Served as trial counsel for a 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.).
    • Represented applicant for asylum in removal proceedings involving expedited briefing and development of country conditions evidence and presentations for three separate countries.

Professional Highlights

Honors & Awards

  • Awarded the Burton Award for Distinguished Legal Writing
  • Received the Relativity AI Visionary award for his innovative work using artificial intelligence in litigations and investigations

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Education

  • J.D., Georgetown University Law Center
    magna cum laude, Order of the Coif; Senior Articles Editor, The American Criminal Law Review

    B.A., University of Illinois
    with distinction

Admissions

  • New York

Courts

  • U.S. Supreme Court

    U.S. Court of Appeals for the Second Circuit

    U.S. Court of Appeals for the Eleventh Circuit

    U.S. District Court for the Southern District of New York

    U.S. District Court for the Eastern District of New York

    U.S. District Court for the Southern District of Alabama

    U.S. District Court for the District of South Carolina