Phillip Davis

Phillip A. Davis is a special counsel in the firm’s Los Angeles office, where he specializes in corporate and securities litigation, director, officer, shareholder and partnership litigation, real estate litigation, and creditor’s rights.

Mr. Davis represents public and private companies, directors and officers, investment bankers, underwriters and analysts, special committees and advisors, shareholders and venture capital funds, in federal and state securities fraud class actions, shareholder derivative suits, breach of fiduciary duty claims and other disputes between corporations, shareholders and partners.

He also represents partnerships, LLCs, joint ventures, and partners/members in partnership disputes involving breach of fiduciary duty and mismanagement. He has successfully obtained the dismissal of numerous securities fraud claims, and has successfully opposed class certification. He has defended claims of mismanagement and breach of duty under Delaware and California law arising out of mergers, acquisitions, and going private transactions, and has successfully opposed motions to enjoin mergers.

He has significant experience asserting the defenses provided by the PSLRA, SLUSA, the business judgment rule, exculpatory provisions, special litigation committees, and the exclusive right of appraisal. He has filed and defended actions involving buy-sell agreements, the removal and appointment of directors, accountings, and dissolutions.

Mr. Davis also represents owners, developers and lenders in real estate litigation. He has litigated complex real estate joint venture, purchase and sale, and development disputes involving resorts, hotels, large apartment complexes, and industrial, commercial and retail developments.

He has significant experience representing owners, developers, sellers, buyers, landlords, tenants, and brokers in all types of real estate disputes, including joint venture formation disputes, development disputes, purchase and sale litigation, quiet title, proscriptive easement and adverse possession claims, zoning and set-back matters, Mello-Roos defaults, complex exclusive listing agreement litigation, specific performance and lis pendens actions, and unlawful detainer and breach of lease matters.

He also represents owners in litigation involving industrial accidents, wrongful death and personal injury claims, premises liability and Cal-OSHA regulatory investigations. Mr. Davis has also represented financial institutions in a wide range of complex litigation matters. He has defended numerous “lender liability,” RICO, securities fraud, ERISA, breach of duty, breach of contract, negligence, and tort actions brought against many of California’s largest lenders.

He has significant experience enforcing rights and remedies through attachments, injunctions, judicial and non-judicial foreclosures, and receiverships. He has litigated letters of credit and guarantee issues, and well as Mello-Roos foreclosures. Recently, Mr. Davis has successfully defended a number of consumer class actions filed under the Song Beverly Act.

Education:

• J.D., University of California, Hastings, 1983
• B.A., Stanford University and Trinity College, Oxford, 1980

Admissions:

• California
• Ninth Circuit Court of Appeals
• Central District of California
• Southern District of California
• Federal Circuit Court of Appeals
• District of Connecticut

Memberships:

• Volunteer Judge Pro Tem and arbitrator, Los Angeles Superior and Municipal Courts
• The California Club
• Association of Business Trial Lawyers