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Davis, Glenn E.

Bio Presentation
Office:
St. Louis
Phone: 314-480-4154
Email: gdavis@heplerbroom.com
Licenses: MO/IL

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Recognized by: Best Lawyers in America, Super Lawyers

Practice Description:
Complex litigation and business counseling issues in a broad range of contexts:

  • Antitrust, Distribution & Franchise Litigation
  • Antitrust Business Counseling & Compliance
  • Business, Corporate, and Shareholder Litigation
  • Securities, RICO and Stock Drop Class Action Defense
  • Corporate Governance, Compliance and Internal Investigations
  • Consumer Class Action Defense
  • Intellectual Property Litigation

Mr. Davis engages in complex antitrust issues in a broad range of contexts: joint venture arrangements; vertical distribution and exclusive dealing arrangements; pricing and price discrimination; legal and economic analysis of efficiencies and market power, and evaluation of mergers, including Hart-Scott-Rodino compliance; dealing with monopolization and story conduct allegations; responses to Department of Justice Antitrust Division and Federal Trade Commission investigations; intellectual property-antitrust issues; healthcare antitrust; trade association activities; private civil litigation, including class actions and ADR; criminal antitrust and other white collar crime matters, corporate and individual disclosure and leniency policies; and internal investigations and corporate compliance programs.

Mr. Davis has also represented numerous defendants in corporate and securities litigation matters, including closely-held corporation shareholder disputes and shareholder class actions involving public companies. In recent years, he has obtained dismissals of several corporate and individual officer and director defendants in three stock drop class actions, including affirmance by the Eighth Circuit in two of them.

Mr. Davis also has broad experience in the area of internal corporate investigations. He has conducted several internal investigations for audit committees concerning insider trading, financial reporting and accounting irregularity issues, false claims, Medicare fraud, professional sports PED usage, and qui tam matters. He completed a recent investigation and voluntary disclosure plan for a Fortune 500 company that resulted in a declination of prosecution in a complicated false claims, scientific fraud, and false testing matter.

Mr. Davis is admitted to practice in Missouri and Illinois state courts, the U.S. District Courts for the Eastern and Western Districts of Missouri, the Southern and Central Districts of Illinois, the District of Columbia, the United States Courts of Appeal for the Seventh, Eighth, and D.C. Circuits and the Supreme Court of the United States. Additionally, Mr. Davis has litigated in administrative tribunals such as hearings and investigative proceedings with the Federal Trade Commission, as well as the Securities Exchange Commission and FINRA.

Significant Accomplishments:
Arbitration Award for Medicine Shoppe International (Cardinal Health) against franchisee for wrongful termination and breach of franchise agreement; award of $472,000 in future royalties (2010).

Dismissal of public company in securities fraud claim action, Patel v. MEMC Electronics (E.D. Mo. 2010).

Dismissal of antitrust monopolization and predatory practices claim against industrial process controls manufacturer, Process Controls International v. Emerson Process Management, LLP (E.D. Mo. 2010)

Dismissal of putative class complaint alleging Federal Securities Law violations affirmed by the Eighth Circuit. Elam v. Neidorff, 544 F.3d 921 (8th Cir. 2008)

Summary Judgment on monopolization claims for a major chemical manufacturer in Foam Supplies, Inc. v. Dow (E.D. Mo. 2007).

Denial of a TRO for a putative class seeking to block the merger of two major public companies, for Talx Corporation (2007).

Dismissal of a major accounting firm in a securities fraud class action in In re Charter Securities Litigation (E.D. Mo. 2006).

Denial of class certification in three national price fixing class actions in the genetically modified seeds, commercial textile, and healthcare fields (2004-2008).

Summary Judgment for hospital system defending antitrust staff privileges case in Flegel v. Christian Hospital NE-NW, 4 F.3d 682 (E.D. Mo. 1993).

Successful prosecution of antitrust price fixing and market allocation case in the road maintenance materials and contracting field in JTC Petroleum Co. v. Koch Materials Co., 190 F.3d 775 (7th Cir. 1999).

Successful defense of stock drop securities class action in Jakobe v. Rawlings Sporting Goods Co., 943 F.Supp. 1143 (E.D. Mo. 1996).

Dismissal of extensive RICO claims in the real estate and title insurance industry in McDonough v. National Home Ins. Co., 108 F.3d 174 (8th Cir. 1997).

Jury trial defense verdict for alleged improper franchise termination in McWilliams v. GNC Franchising, Inc., (E.D. Mo.).

Reversal of multi-million dollar Treble Damage RICO Verdict as Appellate Counsel for Senior Officer of Viacom Outdoor, Inc. in Craig Outdoor Advertising, Inc. v. Viacom Outdoor, Inc., (8th Cir. 2008).

Bar Admissions:
Missouri, 1982
Illinois, 1983
U.S. Supreme Court
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the 7 Circuit
U.S. Court of Appeals for the 8 Circuit
U.S. Court of Appeals for the 10 Circuit
United States District Court for the District of Columbia
United States District Court for the Eastern District of Missouri
United States District Court for the Western District of Missouri
United States District Court for the Central District of Illinois
United States District Court for the Southern District of Illinois

Bar/Professional Association Involvement:
American Bar Association
     Antitrust Section
     Business Law Section
     Litigation Section
     Franchise Law Forum
Eighth Circuit Bar Association
Litigation Counsel of America, Charter Fellow
     Trial Law Institute
     Diversity Law Institute
Supreme Court Historical Society
Defense Research Institute (DRI)
Missouri Organization of Defense Lawyers
International League of Competition Law
Bar Association of Metropolitan St. Louis
The Missouri Bar
Illinois State Bar Association

Presentations & Publications:
Mr. Davis has lectured and published for numerous legal, professional, corporate and trade groups in the areas of professional liability, securities regulation and antitrust compliance, intellectual property and distribution law matters.

Awards, Honors Distinctions:
Charter Member, Litigation Counsel of America, Trial lawyer honorary society.

Missouri & Kansas Super Lawyer since 2011 in a poll of his peers conducted by Super Lawyers, a rating service of outstanding lawyers in more than 70 practice areas. Mr. Davis is included in the Top 100 Super Lawyers  for the Missouri/Kansas region and Top 50 in St. Louis.

Best Lawyers’ in America since 2003.

Best Lawyers’ 2014 St. Louis Franchise Law “Lawyer of the Year.”

Best Lawyers’ 2015 Missouri Antitrust Litigation “Lawyer of 
the Year.”

AV Preeminent® Attorneys by Martindale-Hubbell.

Education:
Washington University School of Law, J.D., 1982
     Notes & Comments Editor, Washington University Law Quarterly
DePauw University, B.A., Political Science, 1979 (with honors)

 Glenn Davis

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