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Biography
Mr. Davis supervises the Firm’s San Francisco Bay Area Office. He focuses his practice on antitrust, appeals, class certification, and ethics. He is one of the leading scholars in the nation on antitrust procedure, class certification, and ethics in class actions and complex litigation. He recently argued successfully before the U.S. Supreme Court in Harrow v. Department of Defense, No. 23-21 (May 16, 2024), obtaining a 9-0 decision in Mr. Harrow’s favor.
Mr. Davis is also a Research Professor at the University of California San Francisco College of the Law, where he is associated with the Center for Litigation and Courts. He organizes an annual conference on complex litigation ethics at UC Law SF. He also organizes and moderates an annual panel on ethics at the ABA’s National Class Actions Institute and speaks frequently on that topic.
Mr. Davis has taught at the Willamette University College of Law and the Georgetown University Law Center. He has testified before Congress on matters related to civil procedure and presented on matters related to private antitrust enforcement before the U.S. Department of Justice and the Federal Trade Commission.
Mr. Davis’ scholarship has been cited by multiple federal appellate and trial courts. He has published more than thirty articles and book chapters on antitrust, civil procedure, class certification, legal ethics, and legal philosophy, among other topics. He regularly presents throughout the country and the world at scholarly and professional conferences and symposia on AI, aggregate litigation, civil procedure, and ethics. A focus of his recent published articles and book chapters has been on artificial intelligence (AI) and the law, and he is completing a book, “Unnatural Law: AI, Consciousness, Ethics, and Legal Theory” (forthcoming in Cambridge University Press 2025). He is also co-editing with shareholder Candice Enders the first treatise dedicated to ethics in class actions and other complex litigation, several chapters of which are available on Lexis Nexis.
Mr. Davis won an award for Outstanding Antitrust Litigation Achievement in Private Law Practice from the American Antitrust Institute in 2023 and 2024. He received a CLAY California Attorney of the Year Award in Antitrust in 2016. His law review article, “Defying Conventional Wisdom: The Case for Private Antitrust Enforcement,” 48 Ga. L. Rev. 1 (2013), won the 2014 award for best academic article from George Washington University School of Law and the Institute on Competition Law.
Mr. Davis graduated from N.Y.U. School of Law in 1993, where he won the Frank H. Sommer Memorial Award for top general scholarship and achievement in his class, served as the Articles Editor for the N.Y.U. Law Review, and was admitted to the Order of the Coif. After law school, he was a law clerk for Patrick E. Higginbotham of the U.S. Court of Appeals for the Fifth Circuit. He was a partner at Lieff, Cabraser, Heimann & Bernstein, LLP, until 2000, when he entered full-time legal academia until joining the Firm in 2022.
Professional Leadership
- Active Board Member at the American Antitrust Institute (AAI) for which he regularly writes amicus briefs in matters pending before the U.S. Supreme Court and federal appellate and trial courts.
- Co-organizes with Eric Cramer AAI’s Annual Private Antitrust Enforcement Conference, the main annual antitrust conference for plaintiffs’ class-action lawyers.
Josh also organizes the Bay Area Civil Procedure Forum, which is co-sponsored by Stanford Law School, U.C. Berkeley School of Law, U.C. Hastings College of Law, and the University of San Francisco School of Law and hosts presentations on civil procedure for scholars, practitioners, and judges in the San Francisco Bay Area and, virtually, throughout the country. - Panelist each year at the American Bar Association’s National Class Action Institute on class action ethics.
- Serves as Chair of the Policy Task Force for the Committee to Support Antitrust Laws (COSAL).
Prominent Judgments and Settlements
- In re Capacitors Antitrust Litigation (N.D. Cal.) (direct purchaser plaintiffs) (briefed and argued a motion to dismiss, Daubert, and class certification and participated in expert hearing and trial) (settlements of $440 million with a few defendants remaining)
- In re Lidoderm Antitrust Litigation (N.D. Cal.) (end purchaser plaintiffs) (briefed and argued class certification) (settled for $105 million)In re Packaged Seafood Antitrust Litigation (C.D. Cal.) (commercial food preparers) (briefed and prepared expert reports for class certification motion)
- In re Cipro Antitrust Litigation (Cal. S. Ct.; San Diego Sup. Ct.) (end purchaser plaintiffs) (briefed Actavis issues before the California Supreme Court and participated in trial preparation; won California Lawyer Attorneys of the Year Award in Antitrust) (settled for $399 million)
- In re Restasis Antitrust Litigation (E.D. N.Y.) (end purchaser plaintiffs) (argued and participated in a live expert hearing on class certification)UFC Antitrust Litigation (D. Nev.) (direct seller plaintiffs) (briefed motion to dismiss, and briefed, argued and participated in a live expert hearing on class certification)
- Generic Drugs Antitrust Litigation (E.D. Pa.) (end purchaser plaintiffs) (working with experts on class certification and merits)
- Varsity Antitrust Litigation (W.D. Tenn.) (direct purchaser plaintiffs) (briefed opposition to the motion to dismiss and working with experts on class certification and merits);
- Carfax Antitrust Litigation (2d Cir.) (direct purchaser plaintiffs) (participated in briefing and argued the appeal
- Magnetic Iron Oxide Antitrust Litigation (ND Cal.) (direct purchaser plaintiffs) (briefed and argued a motion to dismiss)
- Truck Card Antitrust Litigation (E.D. Pa.) (direct purchaser plaintiffs) (briefed and argued at class certification hearing) (settled for $130 million)Castro v. Sanofi Pastor Inc. (D. N.J.) (direct purchaser plaintiffs) (briefed motion to dismiss, Daubert, and class certification) (settled for $61.5 million)
- High-Tech Employee Antitrust Litigation (N.D. Cal.) (direct purchaser plaintiffs) (participated in preparing expert reports and briefing class certification) (settled for over $400 million).
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