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James E. Davis

General Counsel

DALLAS
2500 Dallas Parkway
Suite 600
Plano, TX 75093

972.378.9111

[email protected]

Practice Areas

James (Jim) Davis is a trial lawyer who provides practical and strategic advice and counsel to clients regarding their businesses and helps them to resolve complex business disputes in a cost-effective, efficient manner. For more than 35 years, he has tried significant matters before federal, state and appellate courts throughout the United States. Jim concentrates his practice on a wide variety of complex commercial disputes in federal and state courts, as well as arbitral proceedings. He has extensive experience in commercial and financial transactions litigation, intellectual property disputes, including patent infringement cases, complex disputes among partners and business owners, and business torts litigation. In addition, Jim has significant experience in technology litigation, including theft of trade secrets and non-competition disputes. Jim has served as the firm’s chief operating officer and has a degree in accounting, which enables him to bring a business perspective to all the matters he handles. Today, Jim serves as the firm’s chief legal officer and general counsel. In addition to his extensive dispute resolution experience, Jim assists and advises early-stage companies that are facing inflection points in their business, including the need to obtain investment capital to fund growth.

Representative Matters

  • Successfully defended telecommunications equipment manufacturer against employee’s claim of wrongful termination, obtaining a jury verdict in favor of the client in Denton County, Texas.
  • Successfully defended chief executive officer of a publicly traded corporation in Austin, Texas, against claims of securities fraud by an investor. After a jury verdict in favor of the investor in the amount of $2,500,000, client obtained a judgment notwithstanding the verdict from the 98th Judicial District Court of Travis County, Texas, and the investor recovered nothing on its claims.
  • Successfully defended inventor of highly popular toy against multi-million dollar claim for theft of trade secrets in the 219th District Court of Collin County, Texas, by an assignee of a competing inventor’s patent rights. After obtaining a summary judgment in favor of the client on all the plaintiff’s claims, defendant prevailed in a jury trial in November 2018, and obtained a judgment against the plaintiff for attorney’s fees through trial in the amount of $194,970.
  • Represented patent owner in numerous patent infringement claims regarding electronic cables and connectors with multi-positional swivel adapters against large distributors and manufacturers of electronic equipment. After preliminary litigation and claim construction proceedings, obtained numerous settlements that resulted in cash payments to client.
  • After initiating Copyright infringement claims against an NFL franchise for its unauthorized use of a photographer’s iconic photograph of football star, Emmitt Smith, obtained a settlement of $275,000. Subsequently, the NFL franchise again used the photographic image without the photographer’s permission, which lead to an additional lawsuit and a confidential settlement agreement.
  • Successfully defended Caribbean asphalt trader in an international arbitration from a buyer’s claim for over $3,000,000 damages in connection with the client’s alleged breach of a long-term supply contract. Pursuant to the final arbitration award, which was issued in December 2020, buyer’s net recovery was limited to $47,819.83, exclusive of costs. After subsequent litigation and a motion to modify the final award, the parties compromised and settled the dispute.
  • Successfully defended foreign manufacturer and seller of wireless communication equipment in an international arbitration against a competitor’s claims of theft of trade secrets, breach of a non-disclosure agreement, Civil RICO, and violation of the Foreign Corrupt Practices Act, among others, in connection with a communications infrastructure project in Africa. The claimant sought damages of over $1,000,000,000. After several years of arbitration and two, separate, multi-week final hearings, the arbitrator’s final award, which was issued in February 2017, rejected all the Claimant’s claims.

Admitted to Practice

States

  • State Bar of Kentucky
  • State Bar of Texas

United States District Courts

  • Eastern District of Texas
  • Northern District of Texas
  • Western District of Texas

United States Courts of Appeals

  • Federal Circuit
  • Fifth Circuit
  • Sixth Circuit

Other Admissions

  • Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims

Education

  • University of Kentucky College of Law, J.D.
  • University of Kentucky College of Business & Economics, B.S.

Recognition, Honors & Achievements

  • Recognized in The Best Lawyers in America®, Commercial Litigation (2024-2027)
  • Texas Super Lawyer.
  • AV Preeminent® Peer Review Rating by Martindale-Hubbell for more than 25 years.

Presentations and Published Writings

  • “Note, The Exclusive Jurisdiction of the NLRB as a Limitation on the Application of RICO to Labor Disputes,” 76 Kentucky Law Journal, 1988

Recent FBFK posts

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Will Standard Commercial General Liability Insurance Cover COVID-19 Claims?
May 7, 2020
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