Ranked in 1 Practice Areas
3

Band 3

Environment

Alabama

6 Years Ranked

About

Provided by Richard Davis

USA

Practice Areas

Environmental Litigation; Environmental Regulation; Energy, Natural Resources & Land Use; False Claims Act/Qui Tam; Toxic Torts; White Collar Criminal Defense; Commercial Litigation

Career

Richard represents clients in environmental, healthcare fraud, and commercial matters,

including federal and state court civil and white collar criminal trials and appeals and in

investigations and enforcement actions involving federal and state regulatory, law

enforcement, and professional licensing agencies. He has substantial experience in parallel

proceedings in which civil and criminal investigations or proceedings arise from the same set

of facts or circumstances. Richard also provides clients with legal counsel regarding

legislation, administrative agency rulemaking, and public policy—particularly pertaining to

healthcare and environmental issues

Professional Memberships

AV-Rated, Martindale-Hubble; Senior Fellow, Litigation Counsel of America Trial Lawyer Honorary; Vice Chair of the International Institute of Natural Resources, Energy and Environmental Law ("IINREEL"); Top Leading Litigator by Chambers USA; Best Lawyers in America; Mid-South Super Lawyers; 2018 Top Attorney for White Collar Defense and Energy/Environmental Litigation by Birmingham Magazine; Chair, Birmingham Bar Association Federal Practice Section (2015-2016); Chair, Alabama State Bar Environmental Law Section (2010-2011)

Education

Cumberland School of Law

J.D., cum laude

1986 - 1989

University of Alabama at Birmingham

M.A.

1984 - 1986

Auburn University

B.A.

1979 - 1983

Work Highlights

False Claims Act: Representing asphalt and construction companies against allegations of fraud and whistleblower retaliation pertaining to paving of a highway and an airfield.

Environmental/Natural Resources/Land Use: Representing county commission as plaintiff in effort to protect free-flowing Halawakee Creek (National Rivers Inventory: “outstanding remarkable values”), its watershed, local water supply, and ecological habitat from potential catastrophic impacts by a proposed granite quarry.

Environmental: Defending a city waterworks and sewer board and individual board members in a putative class action regarding PFAS and related chemicals released into the Tennessee River by upstream manufacturers.

Commercial: Defending corporation, CEO, and CFO in federal lawsuit by customer alleging breach of contract, fraud, and Racketeer Influenced and Corrupt Organization (RICO) violations and damages of $370,836,753.

Environmental/Commercial: representing recycling and transport service companies in federal-lead and state civil enforcement proceeding after successful representation in federal criminal investigation of hazardous waste disposal practices (no charges filed); represented same companies in fraud and contract litigation against disposal site owner and obtained judgment of $929,478.

Healthcare Fraud: represented or currently representing numerous healthcare providers—including medical doctors, a psychiatrist, a psychologist, nursing homes, physician practices, pharmacies, therapy and rehabilitation providers, and a hospice—in False Claims, Anti-Kickback, and other fraud investigations with claims totaling over $10,000,000.

False Claims/Anti-Kickback/Stark: Defending a nursing home regarding referrals to mental health facilities; obtained the dismissal of qui tam relator’s claims with prejudice; now on appeal to the Eleventh Circuit.

Expert in these Jurisdictions

U.S. Court of Appeals, 11th Circuit

U.S. Court of Appeals, District of Columbia Circuit

U.S. District Court, Northern District of Alabama

U.S. District Court, Middle District of Alabama

U.S. District Court, Southern District of Alabama

United States Tax Court

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