Matthew H. Davis

Matt Davis handles bankruptcy matters and complex business and financial services litigation. He has extensive experience with bankruptcy litigation and assists with committee representations and representing creditors in Chapter 11 proceedings. He also regularly represents clients in litigation, including class actions, involving mortgage lending practices, mortgage banking and servicing, consumer protection, credit reporting practices, and claims under the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), False Claims Act, Servicemembers Civil Relief Act (SCRA) and RICO. He has represented clients in federal courts, bankruptcy courts, state courts, arbitration and multi-district litigation matters.

His experience includes the following types of litigation:

Bankruptcy Proceedings and Litigation

• Represent various financial institutions and mortgage servicers in adversary proceedings alleging violations of various state and Federal laws, including violations of bankruptcy plans
• Represent various secured and unsecured creditors in Chapter 7 and Chapter 11 bankruptcy proceedings, including preparing proofs of claim, objecting to cash collateral or debtor in possession financing motions, objecting to disclosure statements and plans, defending claim objections, and participating in bankruptcy sale and auction processes
• Represent clients in bankruptcy appeals both to the district courts and various courts of appeal
• Assisted in representation of mortgage servicer in government investigation into bankruptcy servicing activities

Financial Services Litigation

• Represent financial services clients in a wide variety of litigation, including class action litigation in state and federal court
• Assisted with defense of a national bank in mass action related to a mixed-use real-estate development
• Defended various financial institutions and mortgage servicers against lawsuits, including putative class actions, related to allegedly improper collection and servicing practices based on alleged violations of common law and State and Federal Law

TCPA

• Defense of various financial institutions related to claims under the TCPA, along with ongoing regulatory advice related to the Act

Products Liability

• Assisted with defense of medical device manufacturers against claims of products liability
• Reviewed and advised health care clients regarding sales and marketing materials and governing regulatory concerns
• Evaluated and assisted with presentations for “fair and balanced” promotional practices in the pharmaceutical context

False Claims/Fraud & Abuse

• Assisted with defense of pharmaceutical companies and device manufacturers in Medicare/Medicaid reimbursement and fraud and abuse cases involving whistleblower allegations of off-label promotion and marketing to an unapproved patient population
• Assisted in preparation and defense of company witnesses in False Claims Act litigation and confidential civil investigation demands and examinations under oath under the Texas Medicaid Fraud Prevention Act

Aviation Litigation

• Defended aircraft and aircraft component manufacturers in cases involving fatal air crashes as well as a variety of other commercial and business torts relating to the marketing and sale of such products
• Advised and evaluated regulatory issues relating to the import/export of aircraft components