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Robert P. Davis

Robert P. Davis

Senior Counsel, Independent Contractor
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Current Issues in Internal Corporate Investigations


"His practice has all the elements . . . that allow him to play on a three-dimensional level, while everyone else is in 2D."

Chambers USA 2008

Bob Davis is widely acknowledged as one of the nation’s leading legal authorities and litigators working across a broad spectrum of employment and ERISA issues. According to Chambers USA (2011), Bob is “immensely highly regarded,” and Chambers USA (2010) described him as “a top flight litigator who is always looking around corners for his clients.” Chambers USA (2007) also characterized Bob as a "‘terrific lawyer’ [who is] highly respected for his ERISA practice."

Chambers USA notes, too, that Bob is “definitely a key player in the labor and employment field,” and that “as well as being recognized for his employee benefits expertise, Bob . . . focuses on wage and hour compliance and litigation. . . Clients describe him as a ‘big-picture lawyer’ who ‘communicates an intelligent game plan.’”

He handles trial and appellate ERISA litigation and represents plans, fiduciaries, plan sponsors, and service providers in ERISA investigations and litigation. His victories in the ERISA area include denial of class certification on employer stock claims; interlocutory appeal and vacatur of class certification of ERISA fiduciary claims in a 100,000+ persons class action; successful defense at trial, resulting in a defense judgment affirmed on appeal, of one of the first major “stock drop” cases; winning summary judgment, affirmed on appeal, on all of the substantial claims in a major LMRA § 301/ERISA class action; dismissal of a stock drop case complaint with prejudice against plaintiffs; and successful defense of several national-level ERISA investigations by the US Department of Labor.

Bob has been responsible for over 100 Fair Labor Standards Act and state wage and hour cases, including collective action and class action certification and decertification issues, enforcement of arbitration agreements when class claims are involved, and notice and discovery in class cases. His most recent victory was a jury verdict for a large financial services company, after five weeks of trial, in what we believe is the largest FLSA exempt status case ever tried to a defense verdict. Bob’s other victories for employers include a precedent-setting appellate decision on the salary basis test under the FLSA, successful coordination of 28 statewide FLSA and wage and hour cases through the Judicial Panel for Multi-District Litigation, and defeat of class certification in several cases. Bob also has devised innovative structures for negotiated settlements.

Prior to joining Mayer Brown as a Partner in 1991, Bob served as the Solicitor of Labor for the US Department of Labor (1989–1991) and as Chief of Staff to the US Secretary of Transportation (1983–1985). Previously he served in senior positions in the US Department of Justice.

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