Joseph P. Davis III

Joseph P. Davis III

Shareholder

Joseph "Jody" P. Davis III is a senior trial attorney with broad experience in business, cross-border and bankruptcy-related litigation. He represents public and private corporations, financial institutions and private individuals before federal and state courts. He has wide-ranging experience handling fiduciary duty, fraud, insolvency, financing, corporate control, shareholder, investment, lending and intellectual property disputes. Jody served as lead trial counsel in bankruptcy courts across the country on behalf of debtors, unsecured creditors’ committees, hedge funds, private equity funds, secured lenders, stalking horse bidders, commercial landlords and equity holders.

Jody frequently manages complex, multi-tiered litigation situations, balancing the competing interests of litigants, investigators and courts across borders, venues and disciplines. Jody's experience in insolvency litigation extends to cases outside and within the bankruptcy courts, including adversary proceedings and contested matters in the course of Chapter 11 proceedings.  He has represented clients in some of the country’s largest restructuring cases, including the Puerto Rico Electric Power Authority, General Motors, AbitibiBowater, Smurfit Stone, General Growth Properties and Venture Holdings.

Concentrations

  • Complex business litigation
  • Bankruptcy and insolvency litigation
  • Cross-border disputes
  • Fiduciary duty
  • Fraud
  • Financing disputes
  • Licensing
  • Corporate control
  • Partnership and shareholder disputes
  • Appellate
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Capabilities

Experiencia

  • Obtained affirmance from Second Circuit Court of Appeals of judgment in favor of issuer of convertible notes dismissing claims of disgruntled noteholders over nonpayment of interest after conversion in Orchard Hill Master Fund Ltd., et al. v. SBA Communications Corp. (2d Cir. 2016 and S.D.N.Y. 2015).
  • Defended and resolved claims against issuer of convertible notes brought by noteholder seeking payment of interest after conversion in Silvercreek Management Inc. v. Jazz US Holdings Inc., et al., (S.D.N.Y. 2018).
  • Defended regulated financial institution in defense of aiding and abetting fraud and breach of fiduciary duty claims arising out of scam to obtain stranger-owned life insurance policies through employer welfare benefits plan and related trust; matter settled after close of multi-week arbitration trial.
  • Defended and resolved claims against distressed debt lenders for aiding and abetting breaches of fiduciary duty and fraud arising out of vendor note program of failed national retail chain in Naylor, chapter 7. Trustee of Anna’s Linens, Inc., et al., v Salus Capital Partners, LLC, et al. (Bankr. C.D. Cal.).
  • Defended equity holder and related corporations in defense of fraudulent transfers and related claims in adversary proceedings seeking over $400 million in damages in In re NM Holdings, Inc. (Bankr E.D. Mich.).
  • Litigation counsel for Puerto Rico Electric Power Authority in PROMESA Title III proceedings, including trial of Debtor’s motion for post-petition financing and defense of certain adversary proceedings challenging filing of Title III case (D.P.R.).
  • Represented secured lender Metropolitan Life Company in a trial of motions to dismiss Chapter 11 cases of profitable commercial real estate special purpose vehicles in In re General Growth Properties. (Bankr. S.D.N.Y.).
  • Defeated confirmation of plan of reorganization as trial counsel following five-month trial on behalf of equity holder of Venture Holdings, LLC, a major Tier 1 automotive supplier.
  • Defeated at summary judgment proofs of claim seeking over $63 million and related dischargeability proceedings brought by relators under False Claims Act in In re ATLS (Bankr. D. Del.).
  • Represented bondholders in termination of debtors' exclusivity and related contested matters in In re Rubicon US REIT Inc. (Bankr. D. Del.).
  • Obtained $60 million judgment and order of specific performance after trial against buyer who refused to close on acquisition of debtors’ asset. Subsequently, obtained order of contempt against buyer for weekly fines of $3 million and order of incarceration for buyer’s principals in In re Syntax-Brillian Corp. (Bankr. D. Del.).
  • Lead trial counsel for debtors in In re Syntax-Brillian Corp. (Bankr. D. Del.), including handling sale hearings, contested shareholder motions, investigations and contested confirmation proceedings.
  • Lead trial counsel for private equity fund purchaser in contested sale proceedings for acquisition of debtors’ assets in In re Shapes/Arch Holdings, LLC. (Bankr. N.J.).
  • Obtained priming order against secured lender after trial of contested matter in In re Satcon (Bankr. D. Del.).
  • Lead trial counsel for Official Committee of Unsecured Creditors in In re Chesapeake Corp. (Bankr. E.D. Va.).
  • Obtained summary judgment for private equity fund in class action adversary proceeding arising out of In re DHP Holdings (Bankr. D. Del.) Chapter 11 proceedings in defense of claims alleging that client is liable under WARN Act for debtors’ dismissal of employees.
  • Counsel for private equity fund as secured lender in In re GWLS (Bankr. D. Del.) in intercreditor dispute arising out of credit bid to which client did not consent.
  • Lead counsel during week-long novel lease dispute on behalf of landlord in connection with eviction proceedings of restaurant from Rockefeller Center in In re Fifth Avenue Restaurant Acquisition Corp. (Bankr. S.D.N.Y.) resulting in termination of the lease and removal of tenant.
  • Co-lead trial counsel on behalf of equity holder and vested corporations seeking damages in excess of $100 million in In re Deluxe Pattern Corp. (Bankr. E.D. Mich.).
  • Special litigation counsel for debtor pursuing and defending claims related to defective design and construction of ethanol plant in In re Cascade Grain (Bankr. D. Ore.).
  • Lead trial counsel for Official Committee of Unsecured Creditors in In re Werner Holdings (Bankr. D. Del.) including directing investigations into liens and claims.
  • Lead trial counsel for largest secured creditor in contested reorganization fight in In re Protocol Services, Inc. (Bankr. S.D. Cal.).
  • Obtained dismissal of claims against liquidator in adversary proceedings in In re Plej's Linen Supermarket SoEast Stores LLC, et al. (Bankr. W.D.N.C.).
  • Trial counsel for stalking horse bidder in contested sale hearing in In re Geneva Steel. (Bankr. D. Utah).
  • Trial counsel for regulated financial institution as secured lender in litigation and contested confirmation hearing in In re Woodcrest Country Club (Bankr. D. N.J.).
  • Lead trial counsel for major national bank against publicly-traded parent corporation of insolvent Canadian borrower that issued allegedly false borrowing base certificates to draw on asset-based loan revolver. Claims sought more than $50 million in damages in parallel cases in California and Canada before settlement.
  • Lead trial counsel for bondholders and Canadian bankruptcy trustees, holding over $1 billion of notes in contested matters related to cross-border disputes arising out of debtors' use of Nova Scotia unlimited liability companies to raise funds from public bond offerings in In re Smurfit Stone Container Corporation (Bankr. D. Del.) and In re AbitibiBowater, Inc. (Bankr. D. Del.).
  • Trial counsel on international law issues for major bondholders of General Motors in In re Motors Liquidation Company (Bankr. S.D.N.Y.).
  • Lead trial counsel for major UK manufacturing corporation in cross-border lease and financing dispute in Rentokil Initial (1896) Limited v. Jeld-Wen, Inc. (D. Or.).
  • Lead trial counsel for debtor (equity-holder of largest mobile telephone provider in Republic of Georgia) in cross-border change of control dispute under terms of B.V.I. limited partnership agreement in In re M.I.G. (Bankr. D. Del.).
  • Assisted bankruptcy court-appointed examiner's investigation into fraudulent practices of international hedge fund.
  • Investigation counsel for PREPA in response to inquiries from Congressional committees, FEMA, Official Committee of Unsecured Creditors and OIG into FEMA funding and certain power restoration contracts following devastating impact of 2017 hurricanes in Puerto Rico.
  • Defended major real estate developer in lawsuit resulting from sale of office building in Chicago.
  • Defended toy distributor against claims of copyright infringement in K&M International v. Rhode Island Novelty, Inc. (D.R.I.).

Recognition & Leadership

  • Listed, The Best Lawyers in America, Litigation - Bankruptcy, 2018-2020
  • Member, Winning Team, M&A Advisor Awards, "Healthcare and Life Sciences Deal of the Year (from $10mm to $500mm)" for the Chapter 11 sale of ATLS Acquisition, LLC, dba Liberty Medical Supply, Inc., 2015
  • Member, Winning Team, Global M&A Network’s Turnaround Atlas Awards, "Turnaround of the Year - Small Markets" for the restructuring and sale of ATLS Acquisition, LLC (dba Liberty Medical), 2015
  • Member, Winning Team, M&A Advisor’s Turnaround Awards, "Restructuring of the Year (Over $100mm to $500mm)" and Consumer Services Deal of the Year” for the restructuring and sale of ATLS Acquisition, LLC (dba Liberty Medical), 2015
  • Member, Winning Team, U.S. News - Best Lawyers "Law Firm of the Year," Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law and Litigation – Bankruptcy, 2013
  • Listed, Massachusetts Lawyers WeeklyMassachusetts Super Lawyer, 2005-2008
  • Rated, AV Preeminent® 5.0 out of 5

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, International Bar Association
  • Member, American Bankruptcy Institute
  • Member, American Bar Association
  • Member, Boston Bar Association 
  • Trustee, University of Wisconsin, Wisconsin Union Building Association Inc., 2012-Present
  • Trustee Associate, St. John’s Preparatory School, 2017-Present 
  • Former Board Member, Institute for Transnational Arbitration, Advisory Board
  • Former Chairman, Manchester-Essex Regional School District, School Building Committee
  • Former Selectman, Town of Essex, Massachusetts
  • Past Member, Essex-Manchester School Regionalization Committee, Finance Subcommittee

Credentials

Educación
  • J.D., Northeastern University School of Law, 1987
    • Philip Tesorero Scholar
  • B.A., History and Political Science, University of Wisconsin-Madison, 1982
    • Recipient, Milton Gutsch Undergraduate History Award
Admitida para practicar como abogado en
  • Massachusetts
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan
Languages