Jim Davis represents businesses and individuals in government, political, and commercial litigation disputes. He has extensive experience in guiding companies through state government investigations and defending against consumer-protection and regulatory enforcement efforts of the Texas Attorney General’s Office, Texas Department of Insurance, and other state agencies. In addition, Mr. Davis represents businesses in commercial litigation matters in state and federal courts. He also represents individuals, political campaigns, and political action committees in campaign finance and election litigation matters.
Texas Attorney General Investigations and Litigation
Mr. Davis represents companies from around the country in Texas Attorney General investigations and litigation matters. He has represented Fortune 500 companies, nationally-known publically traded companies, prominent non-profit entities, and significant businesses with national, regional and statewide operations. He has guided clients through various stages of disputes with the State of Texas, including preliminary investigations, civil investigative demands, assurances of voluntary compliance, district court litigation, temporary and permanent injunctions, consumer restitution, civil penalties, and other government enforcement issues. He also assists clients with Attorney General Opinions and the protection of confidential information in connection with the Public Information Act.
Mr. Davis also advises businesses on issues to avoid or mitigate disputes with government. He helps clients proactively develop compliance plans designed to protect against events that may trigger government intervention. He has diverse experience conducting confidential internal investigations and compliance audits. When compliance violations occur, his experience in crisis management and damage control helps clients thoughtfully implement immediate and long-term solutions.
Mr. Davis has broad experience with assistant attorneys general in the various divisions of the Texas Attorney General’s Office that investigate, prosecute, or otherwise affect business interests. He has addressed a variety of legal issues related to the areas of law enforced by the State of Texas, including the Deceptive Trade Practices Act, fair debt collection laws, charitable trust laws, identity-theft prevention laws, food and drug statutes, insurance laws, service contact regulations, and government licensing statutes. He has handled matters with the Attorney General’s headquarters in Austin, Texas, as well as the Attorney General’s regional offices in Houston, Dallas, San Antonio and El Paso. Mr. Davis has also worked directly with Office of the Attorney General senior executive staff to address legal, political, and publicity issues in various matters.
Texas Administrative Agency Disputes
Mr. Davis helps clients resolve disputes with state government agencies. He has experience representing businesses and individuals affected by licensing decisions, enforcement of administrative rules, government investigations and inquiries, regulatory compliance and enforcement matters, and assessment of administrative sanctions and fines, among other issues. He works with various state agencies to resolve disputes prior to litigation. He also represents clients in litigation with state agencies, in administrative hearings, and in administrative appeals of agency decisions. His experience includes work with the following state agencies:
- Texas Comptroller of Public Accounts
- Texas Department of Aging and Disability Services
- Texas Department of Health and Human Services
- Texas Department of Insurance
- Texas Department of Licensing and Regulation
- Texas Department of Savings and Mortgage Lending
- Texas Department of Transportation
- Texas Education Agency
Commercial Litigation
Mr. Davis represents businesses in commercial disputes in state, federal and bankruptcy courts. He has a wide range of experience, including representing clients in contract disputes, commercial construction litigation, property and property development disputes, commercial equipment lease disputes, partnership and corporate disputes, loan disputes, and collection issues. Mr. Davis also has experience in the complexities of handling commercial litigation matters where government entities are parties in the litigation.
Campaign Finance and Election Litigation
Mr. Davis represents political campaigns, political action committees, and other politically active parties in matters arising from campaign finance and election regulations. He advises clients on campaign finance compliance strategies to avoid litigation or regulatory issues. He also represents clients in litigation over the use or reporting of contributions and expenditures in political matters.
Education
- J.D., cum laude, Harvard Law School, 1999
- B.A., with highest honors, The University of Texas at Austin, 1996
Phi Beta Kappa - United States Navy Cryptologic Technician Operations A-School, 1989
Bar Admissions
Representative Experience
Texas Attorney General Investigations and Litigation
- Represented several national financial institutions in responses to Civil Investigative Demands (CIDs) by the Texas Attorney General related to foreclosure practices.
- Represented a major service contract administrator in a multi-state Attorney General investigation of warranty sales practices.
- Represented third-party and first-party debt collection companies in Texas Attorney General investigations and enforcement matters under the Texas Debt Collection Act and Deceptive Trade Practices Act (DTPA).
- Represented a publically-traded drug manufacturer in a Texas Department of State Health Services and Texas Attorney General joint investigation and regulatory enforcement matter related to the federal and state Food, Drug and Cosmetic Act (FDCA) and DTPA.
- Represented a Fortune 500 company seeking to protect confidential information from disclosure under the Public Information Act.
- Served as lead trial counsel for an out-of-state arts group in a charitable trust lawsuit filed by the Texas Attorney General.
- Represented a state property tax resolution service provider in a lawsuit filed by the Texas Attorney General’s office based on alleged violations of the DTPA.
- Represented an internationally known internet service provider under investigation by the Texas Attorney General in connection with the company’s discontinuance of a feature of its online service.
- Represented a nationwide mobile health screening company in a regulatory dispute with the Texas Attorney General and Texas Department of State Health Services.
- Represented a regional beverage manufacturer in a dispute with the Texas Attorney General and Department of State Health Services regarding the FDCA.
- Represented significant non-profit in a Texas Attorney General, Charitable Trust Division investigation.
- Represented an out-of-state debt purchasing company in responses to CID by the Texas Attorney General.
Texas Administrative Agency Disputes
- Represented an electronic device company in regulatory issues with the Texas Department of Insurance and the Texas Department of Licensing and Regulation.
- Represented a life settlement company in an administrative appeal of a Texas Department of Insurance, Enforcement Division emergency cease and desist order.
- Represented licensees in disputes with the Texas Department of Licensing and Regulation.
- Represented a mortgage banker licensee in a dispute with the Texas Department of Savings and Mortgage Lending.
- Represented a home health care company in a dispute with the Texas Department of Aging and Disability Services.
- Represented a national beverage distributor in issues related to Federal Food and Drug Administration (FDA) and Texas Department of Health and Human Services inspections.
- Represented a Fortune 500 company in a regulatory dispute with the Texas Department of Insurance, State Fire Marshall Division.
- Represented a title insurance company in regulatory dispute with the Texas Department Insurance, Financial Division.
- Represented an out-of-state insurance company in connection with a regulatory dispute with the Texas Department of Insurance, Property and Casualty Division over large risk commercial group property insurance issues.
- Represented a billboard owner in a permit dispute with the Texas Department of Transportation.
Commercial Litigation
- Served as lead trial counsel for a national company in a federal court breach of contract lawsuit.
- Represented a commercial builder in various construction litigation matters.
- Represented various limited liability partnerships in a dispute with a regional bank in the context of the bankruptcy proceedings of a non-profit low-income housing group.
- Represented a telecom company in connection with a commercial lease dispute for a cell tower and related facilities.
- Represented a medical equipment company in a lawsuit over equipment leases.
Campaign Finance and Election Litigation
- Represented various candidates and political groups regarding campaign finance compliance issues.
- Advised independent political groups regarding the scope of First Amendment protections for political advertising related to state and federal elections.
- Represented a defendant in a campaign finance lawsuit regarding issue advertisements related to elections.
- Represented a defendant in a campaign finance lawsuit regarding the use of third-party funds to support the placement of political party nominees on the statewide ballot.
Publications & Presentations
- Texas Insurance Practice," Locke Lord Brochure (April 12, 2013)
- Co-Author, "Government Pre-Suit Investigative Powers: A Survey of Common Issues Arising from Investigations by the Texas Attorney General and the Texas Department of Insurance," 2012 Advanced Texas Administrative Law Seminar, Austin, Texas (August 30-31, 2012)
- Co-Author, "Locke Lord QuickStudy: Update on Texas Campaign Regulations," Locke Lord (August 29, 2011)
- Co-Author, "Political Campaigns and the Internet: Best Practices for Compliance with Analog Regulations in a Digital World," The Advocate, Vol. 52 (Fall 2010)
- Co-Author, "Client Alert: Update on Texas Campaign Regulations," Locke Lord (July 28, 2010)
- Co-Author, "Client Alert: Campaign Law Update," Locke Lord (April 23, 2010)
- Co-Author, "Client Alert: Update on Texas Campaign Regulations," Locke Lord (February 16, 2010)
- Co-Author, "Client Alert: Campaign Law Update," Locke Lord (January 25, 2010)
- Co-Author, "Client Alert: Update on Texas Campaign Regulations (IV)," Locke Lord Bissell & Liddell LLP (June 19, 2009)
- Co-Author, "Client Alert: Update on Texas Campaign Regulations (III)," Locke Lord (December 15, 2008)
- Co-Author, "Client Alert: Update on Texas Campaign Regulations (II)," Locke Lord (June 16, 2008)
- Co-Author, "Client Alert: Update on Texas Campaign Regulations (I)," Locke Lord (March 12, 2008)
Representative Legislative Testimony
- H.B. 2846, Relating to certain procedures and civil penalties under the Deceptive Trade Practices-Consumer Protection Act. House Business & Industry Committee, April 11, 2011 (82nd R.S.)
- H.B. 345, Relating to a business's duty to protect sensitive personal information contained in its customer records. House Business & Industry Committee, March 9, 2009 (81st R.S.)
- S.B. 1465, Relating to the authority of the attorney general to bring suit on behalf of individuals injured by unlawful practices in restraint of trade. Senate Business & Commerce Committee, May 1, 2007 (80th R.S.)
- H.B. 3265, Relating to dispute resolution and insurance policies or other coverage agreements. House Insurance Committee, April 16, 2007 (80th R.S.)
- H.B. 3357, Relating to defining as a deceptive trade practice representing the franchise tax as a fee, charge, reimbursement, or other item or an invoice or mailing to a consumer. House Business & Industry Committee, April 4, 2007 (80th R.S.)
- H.B. 2008, Relating to the regulation of residential construction and the authority of the Texas Residential Construction Commission. House State Affairs Committee, March 19, 2007 (80th R.S.)
- H.B. 3222, Relating to a business's duty to protect and safeguard sensitive personal information contained in its customer records. House Business & Industry Committee, April 10, 2007 (80th R.S.)
- H.B. 1686, Relating to the registration and regulation of homebuilders and residential construction and improvements; providing penalties. House State Affairs Committee, March 19, 2007 (80th R.S.)
- H.B. 295, Relating to the regulation of and claims against residential home builders. House State Affairs Committee, March 19, 2007 (80th R.S.)
- H.B. 2721, Relating to consumer protection for and remedies available to a homebuyer whose home does not comply with certain warranties; providing an administrative penalty. House State Affairs Committee, March 19, 2007 (80th R.S.)
- S.B. 1484, Relating to the provision of amortization schedules and accounting statements by a seller who finances the sale of residential real property owned by the seller; providing a civil penalty. Senate Business & Commerce Committee, May 1, 2007 (80th R.S.)
Professional History
- Partner, Locke Lord LLP
- Briefing Attorney, Justice Alberto Gonzales, The Supreme Court of Texas (1999 - 2000)
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