Christopher Davies

Practice Areas

Christopher Davies has more than 25 years' experience representing clients around the world in challenging circumstances. He has experience in complex civil, criminal and administrative matters, often involving crisis management.

In just the past year, Mr. Davies has represented, among others: a party in the various investigations and litigation arising from the allision between the Dali and the Key Bridge; Norfolk Southern in investigations and litigation relating to the derailment in East Palestine, OH; a global energy trading company in parallel DOJ and CFTC investigations concerning alleged corruption and market manipulation; Indian auditors in US regulatory inquiries; a media company in congressional inquiries concerning an alleged conspiracy to discriminate in advertising placement on the basis of viewpoint; a UAE entity in investigations and litigation arising from the failure of the largest private equity firm in the Middle East; a health care company in multiple congressional inquiries arising relating to quality of care and financial metrics; media entities sued in Florida for supposed violations of Helms-Burton; various non-US auditors in PCAOB inquiries concerning their regulatory filings; a Special Committee in an internal review of potential issues in their labor and employment practices; an Indian auditor in connection with potential client impropriety relating to accounting in the company’s Middle East operations; a Greek auditor in investigations and litigation concerning a fraud perpetrated by a Greek marine fuel company; an internal investigation concerning potential accounting errors at a UAE fuel storage company; a Special Committee in response to allegations of misconduct at a company facility; and PRC-based auditors in SEC and PCAOB investigations.

Mr. Davies has extensive international experience and has represented non-US-based entities based in Asia, the Caribbean, Europe, the Middle East, and South America in both US and non-US proceedings.

Professional Memberships

Mr. Davies serves on the Stanford Law School Board of Visitors and is a member of the National Chamber Litigation Center's Securities Litigation Advisory Committee, which advises the organization on when to become involved as an amicus in securities litigation.

Career

Clerkships

The Hon. James L. Buckley, US Court of Appeals for the District of Columbia Circuit, 1997 - 1998

The Hon. William W Schwarzer, US District Court for the Northern District of California, 1996 - 1997

Publications

Regulatory Monitor: SEC Update - The Investment Lawyer

Four Things Companies Should Know About the SEC's 2015 Whistleblower Report - Bloomberg BNA Securities Regulation & Law Report

SEC Enforcement Developments in 2014, and a Look Forward - Harvard Law School Forum on Corporate Governance and Financial Regulation

Experience

Investigations

Represented medical device manufacturer in parallel state and federal civil and criminal cases relating to the sale of its securities and use of its technologies.

Represented entity in connection with criminal and administrative investigations in Trinidad and Tobago.

Conducted internal investigation for Indian tribe concerning allegations that ousted leadership had misappropriated tens of millions of dollars of tribal assets over 12 years.

Conducted internal investigation of mortgage servicer accused of violating its obligations to borrowers and then misrepresenting its compliance with relevant regulations and laws.

Represented client in federal criminal and administrative investigations, state investigations and civil litigation relating to insurance and accounting fraud.

Represented European client in multi-jurisdictional investigation and negotiated civil resolution arising from allegations of sexual assault by former senior corporate officer.

Represented US bank and its non-US parent in investigation arising from whistleblower complaint concerning alleged misaccounting for portfolio of bad mortgages.

Oversaw internal investigation in India concerning potential illicit payments to Indian tax authority on behalf of US, UK and other multi-national entities.

Represented major oil and gas company in Department of Justice and executive agency investigations arising from environmental disaster. Also advised on False Claims Act liability, debarment, indemnification and other aspects of case.

Represented auditor in India in connection with US investigations and litigation following revelation of largest fraud in Indian history. Advised client with respect to parallel Indian criminal, civil and regulatory proceedings.

Represented Pakistani entity in connection with allegations of fraud, corruption, and misconduct following failure of Kabul Bank.

Represented professional sports team owner in insider trading investigation.

Represented Russian entity in connection with global investigations and litigation arising from collapse of Yukos Oil following the arrest of Mikhail Khodorkovsky.

Represented entity in criminal and administrative investigations about finite reinsurance market.

Represented auditor in criminal and administrative investigations, as well as in parallel civil litigation, concerning channel stuffing and fraud by pharmaceuticals company.

Represented Fortune 50 CEO in insider trading investigation arising from purchases and sales of his own company’s securities through multiple accounts.

Litigation

Successfully represented client in US securities class action, in which plaintiffs dropped client from amended complaint after initial round of briefing.

Represented medical manufacturing client in federal and state proceedings alleging securities and consumer fraud.

Advised client on successful appellate litigation in Philippines employment litigation.

Filed amicus brief with First Circuit arguing that SEC erred in application of materiality standard and rule of lenity, in enforcement action against individuals. (Flannery v. SEC, Nos. 15-1080, 15-1117 (1st Cir. 2015))

Represented Indian tribe before Department of the Interior, following remand of membership dispute by the District Court for the District of Columbia

Briefed and argued successful motion to dismiss on behalf of auditor defendant in securities class action. (Plumbers, Pipefitters, and NES Local Union No. 392 Pension Fund v. Fairfax Financial Holdings Ltd., No. 1:11-cv-05097-JFK (SDNY 2012))

Represented auditor in successful motion to dismiss in securities class action. (In re Arthrocare Corp. Securities Litigation, 1:08-cv-00574-SS (W.D. Tex. 2010))

Successfully briefed and argued motion to dismiss on behalf of auditor in securities class action. Issues included subject matter jurisdiction, personal jurisdiction, forum non conveniens, and the PSLRA. (Parks, et al. v. Fairfax Financial Holdings Ltd., et al., 2010 WL 1372537 (S.D.N.Y. 2010))

Represented defendants in successful motion to dismiss in derivative action alleging breaches of fiduciary duty under Maryland law. (Nadoff v. Walton, et al., 2007 CA 00160 B (D.C. Super. 2007))

Defeated class certification on behalf of clients in a federal securities class action. (In re Red Hat, Inc. Securities Litigation, No. 5:04-CV-473-BR (E.D.N.C. 2007))

Represented defendant accounting firm in a winning motion to dismiss a shareholder derivative complaint. (In re Bristol-Myers Squibb Derivative Litigation, 2007 WL 959081 (S.D.N.Y. 2007))

Represented various amici in District Court briefing concerning government's violation of defendants' rights to fully defend themselves in the KPMG tax shelter fraud case. (U.S. v. Stein, 452 F. Supp. 2d 276 (S.D.N.Y. 2006))

Filed amicus brief with Second Circuit arguing that, in criminal prosecution of alleged accounting fraud, government must introduce relevant accounting standard and expert testimony. (U.S. v. Rigas, 05-3577-cr(L) , 05-3589-cr (CON) (2006))

Successfully defended auditor appointed pursuant to Master Settlement Agreement (MSA) in state court litigation arising from tobacco company’s allegations that it had been subject to excessive levies pursuant to the MSA. (Top Tobacco v. Kentucky, et al., 05-CI-1172 (Ky. Cir. 2005); Top Tobacco v. Virginia, et al., 05-1313-4 (Va. Cir. 2005))

Represented the defendants in a successful motion to dismiss a securities class action complaint alleging fraudulent accounting. (In re Allied Capital Sec. Litig., Fed. Sec. L. Rep. 92,411 (S.D.N.Y., Apr 25, 2003))

Represented one of the defendants in a case alleging securities fraud arising from violation of defendants’ duty of best execution. The Third Circuit upheld the trial court’s denial of class action status. (Newton v. Merrill Lynch, et al., 259 F.3d 154 (3d Cir. 2001))

Awards

Education

Languages Spoken

French

Chinese