Glenn E. Davis

314-615-6217 (Office)
314-261-2817 (Fax)

VCard

This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Areas of Practice:

Alternative Dispute Resolution

Antitrust

Business Litigation

Commercial Transactions

Corporate Governance

Intellectual Property

Intellectual Property Litigation

Franchise

Non-Competition, Non-Solicitation and Non-Disclosure Litigation

Regulatory and Compliance Law

RICO

Securities Litigation

Bar Admissions and Professional Affiliations:

The Missouri Bar

Illinois State Bar Association

American Bar Association (Antitrust, Business Law, Intellectual Property Law Sections, Litigation Section, Franchise Law Forum)

Bar Association of Metropolitan St. Louis

The Best Lawyers in America 2003 - 2010 for Antitrust Law, Commercial Litigation, and Franchise Law

Selected for inclusion in 2005 - 2010 Missouri/Kansas Super Lawyers®

AV® Peer Review Rated, Martindale-Hubbell

Charter Fellow, Litigation Counsel of America

Missouri Organization of Defense Lawyers

Education:

Washington University School of Law, Juris Doctor, 1982

DePauw University, Bachelor of Arts, Political Science, 1979 (with honors)

Mr. Davis engages in complex business counseling and litigation matters, including antitrust, contract, franchise, intellectual property, noncompete, insurance, securities and shareholder disputes, RICO and general business litigation, including MDL proceedings and class actions.  He addresses 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 predatory conduct allegations; responses to Department of Justice Antitrust Division and Federal Trade Commission investigations; intellectual property-antitrust issues; 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 extensive experience in the health care antitrust field, including representation of health care services corporations in connection with medical staff privileges, mergers and affiliations, and exclusive contracting issues.  Recently, Mr. Davis obtained dismissal of a Medical School in the National Medical Residents Antitrust case in Washington, D.C.  He has also obtained summary judgment in a complex staff privileges case, in favor of 50 physicians serving on the credentialing committees, as well as the hospital and its Board of Directors.  His involvement in this area has included representation of a national association of health care professionals in an FTC investigation of a professional code of ethics limiting advertising, medical staff issues, exclusive dealing contracts, pricing and organizational aspects of HMOs and PPOs.

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.  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.

Significant Accomplishments

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)

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

Summary Judgment on monopolization claims for chemical manufacturer, 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 (2007)

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

Dismissal on denial of class certification in three national price fixing class actions (2004)

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

Successful prosecution of antitrust price fixing and marketing allocations case JTC Pretroleum Co. v. Piasa Motor Fuels, Inc., 190 F.3d 775 (7th  Cir. 1999)

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

Dismissal of RICO case McDonough v. National Home Ins. Co., 108 F.3d 174 (8th  Cir. 1997)

Defense verdict for alleged improper franchise termination McWilliams v. GNC Franchising, Inc., (E.D.Mo.)

Multiple internal corporate investigations regarding accounting, employee fraud, product testing and certification fraud and insider trading matters and related DOJ, SEC, and qui tam relator negotiations

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
Top 100 Super Lawyers for 2011
Missouri “Super Lawyer” for 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.