Glenn E. Davis

Experience matters. For over 40 years, Glenn Davis’ unwavering commitment to clients has been the delivery of creative and efficient results in dynamic business disputes and cybersecurity challenges. His mission is to provide high-quality, cost-effective, and innovative legal solutions while adhering to the highest ethical standards and professional values. Sound legal judgment and strategic risk management dictate whether trial advocacy or alternative dispute resolution is the best path.

Mr. Davis has applied this approach 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
• Cybersecurity & privacy protection and litigation
• Intellectual property litigation

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His combination of business and litigation experience helps resolve complex antitrust issues; distribution arrangements; pricing issues; evaluation of mergers and joint ventures, including Hart-Scott-Rodino clearance; monopolization and predatory 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; criminal antitrust and related white-collar crime matters, including internal investigations and voluntary disclosure and leniency policies; and corporate compliance programs.

Mr. Davis leads HeplerBroom’s HBCyberGroup, which provides interdisciplinary services to address information security and privacy challenges. Working with leading forensic experts, insurance brokers, and reputation management/PR firms, he offers a range of coordinated services scaled to clients’ individual needs and circumstances.

He regularly represents clients 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 of two by the Eighth Circuit.

He has broad experience in the area of internal corporate investigations and has conducted several internal investigations for audit committees concerning insider trading, financial reporting and accounting irregularity issues, false claims, Medicare fraud, professional sports performance-enhancing drug 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 has litigated in administrative tribunals such as hearings and investigative proceedings with the Federal Trade Commission, as well as the Securities Exchange Commission and the Financial Industry Regulatory Authority.

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Education

• Washington University School of Law, J.D., 1982
• DePauw University, B.A. in Political Science, with Honors, 1979

LAW SCHOOL HONORS/INVOLVEMENT

• Washington University Law Quarterly
• Notes & Comments Editor

Admissions & Affiliations

• Missouri
• Illinois
• United States Supreme Court
• U.S. Courts of Appeals for the
  
  • 7th Circuit
  • 8th Circuit
  • 10th Circuit
• U.S. District Courts for the
  • District of Columbia
  • Eastern and Western Districts of Missouri
  • Northern, Central, and Southern Districts of Illinois

• Significant arbitration award for a private investor in a FINRA arbitration proceeding against a major brokerage firm and its registered representative. Confidential (2019).
• Dismissal of wrongful death, premise liability case against international franchisor and its international master franchisee for incidents occurring in Amman, Jordan. Ammad Hersh, et al. v. CKE Restaurants Holdings, Incl., et al. (E.D. Mo. 2019).
• Enforcement of franchise arbitration provision and dismissal of national RICO class action against national franchisor; affirmed on appeal by the Eighth Circuit. Torres v. Simpatico, Inc., (E.D.Mo. 2014)
• Dismissal of public company in securities fraud claim action, Patel v. MEMC Electronic Materials, Inc. (E.D. Mo. 2010); affirmed on appeal, Minneapolis Firefighters Relief Ass’n. v. MEMC Electronic Materials, Inc. (8^th Cir. 2011).
• 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).

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• 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).
• 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).
• 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).
• 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).
• 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).
• Successful defense of stock drop securities class action in Jakobe v. Rawlings Sporting Goods Co., 943 F.Supp. 1143 (E.D. Mo. 1996).
• 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).
• Jury trial defense verdict for alleged improper franchise termination in McWilliams v. GNC Franchising, Inc., (E.D. Mo.).

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Honors & Awards

• AV Preeminent^® Attorney by Martindale-Hubbell
• Best Lawyers in America (2003-2024)
  • Lawyer of the Year - Antitrust Law (St. Louis) (2016, 2018, 2021, 2023, 2024)
  • Lawyer of the Year - Antitrust Litigation (St. Louis) (2015, 2019, 2022)
  • Lawyer of the Year - Franchise Law (St. Louis) (2014, 2020, 2023)
• Missouri & Kansas Super Lawyer (2005-2023)
  • Top 100 Super Lawyers for the Missouri/Kansas region (2011, 2021)
  • Top 50 in St. Louis (2011, 2021)

News

Events & Speaking Engagements

“Cybersecurity /Local & Global Threats,” Insuralex Seminar, June 27, 2022.

Blog Posts

Publications

Mr. Davis has lectured and published for numerous legal, professional, corporate, and trade groups in the areas of cybersecurity, professional liability, securities regulation and antitrust compliance, intellectual property, and distribution law matters. Book chapters and articles he’s written on antitrust, cybersecurity, class action, and securities litigation topics have been published by the ABA Antitrust Law Section, the Missouri Bar, the Missouri Organization of Defense Lawyers, and the Bar Association of Metropolitan St. Louis. A small sample of those publications:

• “Cyber Experts & Consultants in Cyber & Data Privacy Litigation,” book chapter, ABA Tort & Insurance Practice Section Publication (pending).
• “Two Fundamental Changes in Antitrust Regulation,” White Paper for Business Leaders (2023).
• “Recent Cyber & Data Privacy Legislative Trends,” Infragard Springfield Chapter/Tri-County Fraud Coalition (2023).
• “Ch. 25: Public Sector Cyber Insurance—State & Local Government,” Cyber Insurance for Business, ABA Tort & Insurance Practice Section Publication (2022).
• “Employment Antitrust Issues,” Antitrust Law Committee, Missouri Bar Association (2019).