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John E. Davis

Senior Counsel

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

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.

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

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

View More

"Don’t fall short in your disclosure obligations: In re Opioid litigations.," Crowell & Moring’s Data Law Insights (October 25, 2021). Author: John E. Davis.
Publication
"E-Discovery in a Hybrid Work Environment: Managing ESI Here, There, and Everywhere," ALI CLE (October 6, 2021). Speakers: John Davis and Rochelle Rosenberg.
Speech/Presentation
Remote Document Review Is Here To Stay. But Legal Departments Aren’t Ready Legaltech (July 20, 2021)
Media Mentions
"Getting Centered on New Data Privacy Laws," 2021 Illumination Summit - Lighthouse Global (May 13, 2021). Speaker: John E. Davis.
Speech/Presentation
Captive ALSPs Are A 'Tremendous Lift'—But What About Tech Partnerships? LegalTech News (April 1, 2021)
Media Mentions
"Off the edge of the E-Discovery map, there be monsters! Federal court issues epic opinion sanctioning counsel for failure to show competence and diligence in meeting ESI discovery obligations.," Crowell & Moring’s Data Law Insights (March 25, 2021). Authors: Jon Del Barrio and John E. Davis.
Publication
Crowell & Moring Launches CMD: Integrated E-Discovery Solution (Mar.24.2021)
Firm News / Announcement
Despite Increased Adoption, Lawyers' Tech Expectations Aren't Always Grounded in Reality Legaltech News (February 4, 2021)
Media Mentions
"The Pandemic Swamped Your Information Governance Plan. This Is How To Right the Ship.," New York Law Journal (January 29, 2021). Author: John E. Davis.
Publication
Legal Tech’s Predictions For Legal Technology Innovation In 2021 Legaltech News (January 4, 2021)
Media Mentions

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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