Joseph "Jody" P. Davis III is a senior trial attorney with broad experience in business and bankruptcy-related litigation. He represents public and private corporations, private individuals and entrepreneurs before federal and state courts. He has wide-ranging experience handling fiduciary duty, corporate control, shareholder, investment, lending and intellectual property disputes. Jody has served as lead trial counsel in bankruptcy courts across the country on behalf of debtors, unsecured creditors' committees, private equity funds, secured lenders, stalking horse bidders, commercial landlords and equity holders.
Jody's experience in the bankruptcy courts extends to both adversary proceedings and contested matters in the course of Chapter 11 proceedings. Jody's bankruptcy trial accomplishments include having obtained an order of specific performance after a week-long trial in Delaware to force an overseas buyer to close on its acquisition of the Debtors' assets and having defeated a plan of reorganization on behalf of the equity holder of a Tier One auto supplier following a five-month trial in Michigan.
Joey's representation of private equity fund clients in contested matters has included defeating asset sale on behalf of stalking horse purchaser and defeating plan of reorganization for secured lender in attempted "cram-up." He has both sued and represented directors and officers in claims arising out of distressed situations.
Areas of Concentration
· Complex business litigation
· Bankruptcy litigation
· Fiduciary duty
· Intellectual property
· Corporate control
· Partnership and shareholder disputes
· Financing disputes
· Trade secrets
· Independent investigations under Sarbanes-Oxley and Section 10A
Professional & Community Involvement
· Former Chairman, Manchester-Essex Regional School District, School Building Committee
· Former Selectman, Town of Essex, Massachusetts
· Member, American Bankruptcy Institute
· Member, American Bar Association
· Member, Boston Bar Association
· Past Member, Essex-Manchester School, Regionalization Committee, Finance Subcommittee
· Associate Trustee, University of Wisconsin, Memorial Union Building Association Inc., 2012-Present
Awards & Recognition
· Member, Winning Team, U.S. News - Best Lawyers "Law Firm of the Year," Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law and Litigation - Bankruptcy,2013
· Listed, Massachusetts Lawyers Weekly, Massachusetts Super Lawyer, 2005-2008
· Rated, AV Preeminent® 5.0 out of 5
· Represented secured lender Metropolitan Life Company in a trial of motions to dismiss Chapter 11 cases of profitable commercial real estate special purpose vehicles in In re General Growth Properties. (Bankr. S.D.N.Y.)
· Lead trial counsel for bondholders and Canadian bankruptcy trustees in contested matters related to cross-border disputes arising out of debtors' use of Nova Scotia unlimited liability companies to raise funds from public bond offerings in In re Smurfit Stone Container Corporation (Bankr. D. Del.) and In re AbitibiBowater, Inc. (Bankr. D. Del.)
· Represented bondholders in termination of debtors' exclusivity and related contested matters in In re Rubicon US REIT Inc. (Bankr. D. Del.)
· Obtained $60 million judgment and order of specific performance after trial against buyer who refused to close on acquisition of debtors' asset. Subsequently, obtained order of contempt against buyer for weekly fines of $3 million and order of incarceration for buyer's principals in In re Syntax-Brillian Corp. (Bankr. D. Del.)
· Lead trial counsel for debtors in In re Syntax-Brillian Corp. (Bankr. D. Del.), including handling sale hearings, contested shareholder motions, investigations and contested confirmation proceedings.
· Lead trial counsel for private equity fund purchaser in contested sale proceedings for acquisition of debtors' assets in In re Shapes/Arch Holdings, LLC. (Bankr. N.J.)
· Lead trial counsel for Official Committee of Unsecured Creditors in In re Chesapeake Corp. (Bankr. E.D. Va.)
· Obtained summary judgment for private equity fund in class action adversary proceeding arising out of In re DHP Holdings (Bankr. D. Del.) Chapter 11 proceedings in defense of claims alleging that client is liable under WARN Act for debtors' dismissal of employees.
· Counsel for private equity fund as secured lender in In re GWLS (Bankr. D. Del.) in intercreditor dispute arising out of credit bid to which client did not consent.
· Lead counsel during week-long novel lease dispute on behalf of landlord in connection with eviction proceedings of restaurant from Rockefeller Center in In re Fifth Avenue Restaurant Acquisition Corp. (Bankr. S.D.N.Y.) resulting in termination of the lease and removal of tenant.
· Defeated confirmation of plan of reorganization as trial counsel following five-month trial on behalf of equity holder of Venture Holdings, LLC, a major Tier 1 automotive supplier.
· Co-lead trial counsel on behalf of equity holder and vested corporations seeking damages in excess of $100 million in In re Deluxe Pattern Corp. (Bankr. E.D. Mich.)
· Co-trial counsel on behalf of equity holder and related corporations in defense of fraudulent transfers and related claims in adversary proceedings in In re NM Holdings, Inc. (Bankr E.D. Mich.)
· Lead trial counsel for Official Committee of Unsecured Creditors in In re Werner Holdings (Bankr. D. Del.) including directing investigations into liens and claims.
· Lead trial counsel for largest secured creditor in contested reorganization fight in In re Protocol Services, Inc. (Bankr. S.D. Cal.)
· Obtained dismissal of claims against liquidator in adversary proceedings in In re Plej's Linen Supermarket SoEast Stores LLC, et al. (Bankr. W.D.N.C.)
· Trial counsel for stalking horse bidder in contested sale hearing in In re Geneva Steel. (Bankr. D. Utah)
· Directed, conducted and defended investigation under Section 10A of the Securities Exchange Act into whether management committed any "illegal acts" pursuant to request under Sarbanes-Oxley Act by Audit Committee and independent auditors.
· Assisted bankruptcy court-appointed examiner's investigation into fraudulent practices of international hedge fund.
· Defended major real estate developer in lawsuit resulting from sale of office building inChicago.
· Settled at trial trademark claim on behalf of publicly held clothing manufacturer against major clothing manufacturer and retailer.°
· Obtained a preliminary injunction in unique computer software copyright infringement case against joint venture partner at conclusion of lengthy evidentiary hearing in federal court.°
· Defended $73 million claim brought by the FDIC against the directors and officers of failed savings and loan on Cape Cod.°
°The above representations were handled by Mr. Davis prior to his joining Greenberg Traurig, LLP.
Publications & Presentations
Articles, Lectures & Publications
· Guest Lecturer, "Cross-Border Insolvencies," University of Toronto, Toronto, CA, November 21, 2012
· Speaker, "Enforcement of 'Bondholders' Rights - Why is Bondholder Activism so Rare When Issuers Default?" International Bar Association Annual Conference, Dublin, IE, October 2, 2012