Attorney Profile:

Joseph P. Davis, III

Joseph P. Davis, III: Attorney with Greenberg Traurig, LLP

Biography

Joseph Jody P. Davis III is a senior trial attorney with broad experience in business, cross-border and bankruptcy-related litigation. He represents public and private corporations, financial institutions and private individuals before federal and state courts. He has wide-ranging experience handling fiduciary duty, fraud, insolvency, financing, corporate control, shareholder, investment, lending and intellectual property disputes. Jody served as lead trial counsel in bankruptcy courts across the country on behalf of debtors, unsecured creditors' committees, hedge funds, private equity funds, secured lenders, stalking horse bidders, commercial landlords and equity holders.

Jody frequently manages complex, multi-tiered litigation situations, balancing the competing interests of litigants, investigators and courts across borders, venues and disciplines. Jody's experience in insolvency litigation extends to cases outside and within the bankruptcy courts, including adversary proceedings and contested matters in the course of Chapter 11 proceedings. His accomplishments include obtaining an order of specific performance after trial in Delaware to force an overseas buyer to close on its acquisition of the Debtors' assets and defeating a plan of reorganization on behalf of the equity holder of a Tier One auto supplier following a five-month trial in Michigan. He has represented hedge funds and bondholders in pursuit of claims valued in the billions of dollars against multinational corporations associated with cross-border tax structures. Jody has both sued and represented directors and officers in claims arising out of distressed situations.

Concentrations

•Complex business litigation
•Bankruptcy and insolvency litigation
•Cross-border disputes
•Fiduciary duty
•Fraud
•Financing disputes
•Licensing
•Corporate control
•Partnership and shareholder disputes
•Financing disputes
•Appellate

Articles, Publications, & Lectures

•Speaker, “Arising Issues in Cross-Border Disputes: What Your Firm Needs to Know,” The Knowledge Group webinar, December 7, 2016
•Mentioned, “ 2nd Circ. Won't Revive Funds' $8M Debt Row With Wireless Co. ,” Law360, July 21, 2016
•Roundtable Participant, Bankruptcy Litigation, Financier Worldwide magazine, July 2016
•Speaker, Beyond the 'Four Corners' of the Document: Practical Considerations for Creditors to Obtain Debt Recovery in the Caribbean, ABI Caribbean Insolvency Symposium, Grand Cayman, Cayman Islands, February 5-7, 2015
•Guest Lecturer, Cross-Border Insolvencies, University of Toronto, Toronto, ON, November 21, 2012 and November 21, 2013
•Speaker, Chasing the Seller: Cross Border Product Sale Risks, Warranties, Implied Terms, Contract Enforcement and More, International Bar Association Annual Conference, Boston, MA, October 10, 2013
•Speaker, Enforcement of 'Bondholders' Rights - Why is Bondholder Activism so Rare When Issuers Default? International Bar Association Annual Conference, Dublin, IE, October 2, 2012

Awards & Recognition

•Member, Winning Team, M&A Advisor Awards, Healthcare and Life Sciences Deal of the Year (from $10mm to $500mm) for the Chapter 11 sale of ATLS Acquisition, LLC, dba Liberty Medical Supply, Inc., 2015
•Member, Winning Team, Global M&A Network's Turnaround Atlas Awards, Turnaround of the Year - Small Markets for the restructuring and sale of ATLS Acquisition, LLC (dba Liberty Medical), 2015
•Member, Winning Team, M&A Advisor's Turnaround Awards, Restructuring of the Year (Over $100mm to $500mm) and Consumer Services Deal of the Year” for the restructuring and sale of ATLS Acquisition, LLC (dba Liberty Medical), 2015
•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

AV , AV Preeminent , Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Associated News & Events

Press Releases

11.20.15 Greenberg Traurig Wins 2 M&A Advisor Awards

07.06.15 Greenberg Traurig Receives Accolade at 2015 Turnaround Atlas Awards

02.27.15 Greenberg Traurig Receives 4 M&A Advisor Turnaround Awards

11.05.12 Greenberg Traurig Named 'Law Firm of the Year' in Two Bankruptcy Categories by U.S. News - Best Lawyers

06.30.10 Greenberg Traurig's Business Reorganization and Bankruptcy Practice Receives Chapter 11 Reorganization of the Year Award

08.03.09 Greenberg Traurig Closes Major Bankruptcy Deal

11.25.02 Experienced Litigator Joseph Davis III Joins Greenberg Traurig LLP's Boston Office

Areas of Practice (4)

  • Litigation
  • Restructuring & Bankruptcy
  • International Dispute Resolution
  • Global

Education & Credentials

Contact Information:
617.310.6204  Phone
617.279.8403  Fax
www.gtlaw.com/People/Joseph-P-Davis-III
University Attended:
University of Wisconsin-Madison, B.A., History and Political Science, Recipient, Milton Gutsch Undergraduate History Award, 1982
Law School Attended:
Northeastern University School of Law, J.D., Philip Tesorero Scholar, 1987
Admission:
1987, Massachusetts; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Third Circuit; U.S. District Court for the District of Massachusetts; U.S. District Court for the Eastern District of Michigan; Supreme Court of the United States
Memberships:

Professional & Community Involvement

•Member, International Bar Association
•Member, American Bankruptcy Institute
•Member, American Bar Association
•Member, Boston Bar Association
•Associate Trustee, University of Wisconsin, Wisconsin Union Building Association Inc., 2012-Present
•Former Board Member, Institute for Transnational Arbitration, Advisory Board
•Former Chairman, Manchester-Essex Regional School District, School Building Committee
•Former Selectman, Town of Essex, Massachusetts
•Past Member, Essex-Manchester School, Regionalization Committee, Finance Subcommittee

Birth Information:
Pittsburgh, Pennsylvania, 1959
Reported Cases:
Significant Representations: Fraud, Breach of Fiduciary Duty & Financing Disputes: Obtained affirmance from Second Circuit Court of Appeals of judgment in favor of issuer of convertible notes dismissing claims of disgruntled noteholders over nonpayment of interest after conversion in Orchard Hill Master Fund Ltd., et al. v. SBA Communications Corp. (2d Cir. 2016 and S.D.N.Y. 2015).; Defended regulated financial institution in defense of aiding and abetting fraud and breach of fiduciary duty claims arising out of scam to obtain stranger-owned life insurance policies through employer welfare benefits plan and related trust.; Defended distressed debt financing fund in defense of claims for aiding and abetting breaches of fiduciary duty and fraud arising out of vendor note program of failing national retail chain in P&A Marketing, et al. v. Anna's Linens, Inc., et al. (Bankr. C.D. Cal.).; Defended equity holder and related corporations in defense of fraudulent transfers and related claims in adversary proceedings seeking over $400 million in damages in In re NM Holdings, Inc. (Bankr E.D. Mich.).; Bankruptcy Litigation: 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.); 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.; Defeated at summary judgment proofs of claim seeking over $63 million and related dischargeability proceedings brought by relators under False Claims Act in In re ATLS (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.); Obtained priming order against secured lender after trial of contested matter in In re Satcon (Bankr. D. Del.).; 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.; 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.).; Special litigation counsel for debtor pursuing and defending claims related to defective design and construction of ethanol plant in In re Cascade Grain (Bankr. D. Ore.).; 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).; Trial counsel for regulated financial institution as secured lender in litigation and contested confirmation in In re Woodcrest Country Club (Bankr. D. N.J.).; Cross-Border Disputes: Lead trial counsel for major national bank against publicly-traded parent corporation of insolvent Canadian borrower that issued allegedly false borrowing base certificates to draw on asset-based loan revolver. Claims sought more than $50 million in damages in parallel cases in California and Canada before settlement.; 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.).; Trial counsel on international law issues on behalf of bondholders arising out of General Motors bankruptcy filing in In re Motors Liquidation Company (Bankr. S.D.N.Y.).; Lead trial counsel for major UK manufacturing corporation in cross-border lease and financing dispute in Rentokil Initial (1896) Limited v. Jeld-Wen, Inc. (D. Or.).; Lead trial counsel for debtor (equity-holder of largest mobile telephone provider in Republic of Georgia) in cross-border change of control dispute under terms of B.V.I. limited partnership agreement in In re M.I.G. (Bankr. D. Del.).; Assisted bankruptcy court-appointed examiner's investigation into fraudulent practices of international hedge fund.; Complex Corporate Litigation: Defended major real estate developer in lawsuit resulting from sale of office building in Chicago.; Defended toy distributor against claims of copyright infringement in K&M International v. Rhode Island Novelty, Inc. (D.R.I.).; Brought claims against issuer and insiders arising out of sale of healthcare staffing corporation to public corporation in federal courts in California, Massachusetts and New Jersey before settling in Bankruptcy Court for Southern District of New York.
ISLN:
907987909

Peer Reviews

  • 5.0/5.0
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

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