Richard E. Davis

Richard represents clients in federal and state court civil and criminal trials and appeals and in investigations and enforcement actions involving federal and state regulatory, law enforcement, and professional licensing agencies. Richard also develops corporate compliance plans for clients, and he has substantial experience in drafting legislation and in public policy analysis.

Professional Recognition

AV-Rated, Martindale-Hubbell
Senior Fellow, Litigation Counsel of America Trial Lawyer Honorary
Vice Chair of the International Institute of Natural Resources, Energy and Environmental Law (“IINREEL”), which is a practice institute of the Litigation Counsel of America (“LCA”)
Top Leading Litigator by Chambers USA
Listed in Best Lawyers in America®. In addition, Best Lawyers in America® has named Richard Davis the “Birmingham Natural Resources Law Lawyer of the Year” for 2017 and 2019
Mid-South Super Lawyers
2018 Top Attorney for White Collar Defense and Energy/Environmental Litigation by Birmingham Magazine
Chair, Birmingham Bar Association Federal Practice Section (2015-2016)
Chair, Alabama State Bar Environmental Law Section (2010-2011)
Editor-in-Chief, Cumberland Law Review (1988-1989)

Community Involvement

Birmingham Bar Volunteer Lawyers Program
Volunteer, Northern District of Alabama Pro Bono Counsel for Unrepresented Indigent Parties in Civil Cases

Highlights

Representing healthcare providers in DEA investigation
Defending Clean Water Act citizen suit against landowner for alleged unpermitted discharges into Black Warrior River from mine site released from bond decades ago after reclamation
Representing physician in conjunction with Justice Department False Claims Act Civil Investigative Demand
Defending water and wastewater operations and management company against fraud and breach of contract claims related to a decentralized cluster wastewater management system
Representing corporate officer in joint investigation of company accounting practices by the Department of Justice, Securities Exchange Commission, and Federal Bureau of Investigation
Defending municipality in stormwater flooding case brought by 12 plaintiffs
Advised physician practice in conjunction with Zone Program Integrity Contractor (ZPIC) audit regarding possible healthcare fraud and abuse

Birmingham Water Works Board v. Alabama Surface Mining Commission and Reed Minerals, Inc.: Represented surface-mining client in trial of water quality issues in state court
In a case The American Lawyer named “Most Inspiring Pro Bono Win of 2015” [United States v. Rivera] Richard and co-counsel obtained the release from federal prison of an individual incarcerated for 30 years on drug charges
Represented corporate client in conjunction with negotiated plea agreement for single-count misdemeanor Clean Water Act violation; obtained reinstatement for compliant client after mandatory debarment from federal programs
Obtained settlement valued in excess of $2,500,000 for plaintiff policyholder in federal lawsuit for bad faith claims denial on pollution policy
Advised medical device manufacturer in conjunction with federal grand jury investigation (no charges against client)
Investigated allegations of improper conduct by nursing home employee in making referrals to home health care providers
Prosecuted claims for bad faith violation of federal Electronic Funds Transfer Act (EFTA), for failure to maintain commercially reasonable security procedures, and for other related torts on behalf of victims of identity theft/account hacking and obtained full recovery of clients’ funds (six-figures +) along with attorneys’ fees
Woods Knoll, LLC v. City of Lincoln: Obtained defense judgment for City of Lincoln in federal trial of Clean Water Act and inverse condemnation claims brought by adjacent property owner complaining of $1,840,000 in damage to 239-acre property, including wetlands, allegedly caused by discharges of storm water from 160-acre city property being developed as an industrial park; presented oral argument and obtained affirmance of defense judgment before 11th Circuit Court of Appeals
Defended client charged with criminal violations of Clean Water Act and related charges of mail fraud, wire fraud, and conspiracy in federal jury trial
Obtained summary judgment for manufacturer on plaintiff’s claims for bodily injury allegedly caused by plant’s chemical and particulate air emissions
Over a dozen CERCLA matters including the LWD, Inc. (Calvert City, Kentucky), Anniston PCB and lead sites (Calhoun and Talladega Counties, Alabama), Alabama Plating (Vincent, Alabama), B&B Manufacturing (Mobile, Alabama), M & J Solvents (Fulton County, Georgia), and Interstate Lead (Leeds, Alabama) Superfund sites and the Reef Environmental (Sylacauga, Alabama), Shredders, Inc. (North Birmingham, Alabama), Alabama Wood Treating (Mobile, Alabama), and Allworth (Tarrant, Alabama) sites
Defended national (Top 20) accounting firm against negligence, fraud, and conspiracy claims brought by bank
University of Montevallo, et al. v. Middle Tennessee Land Development Company, LLC: Obtained injunction for plaintiffs, university and university foundation, after a two-week trial consisting largely of technical hydrogeological and quantitative expert testimony, to protect the Ebenezer Swamp Wetlands Preserve—the “scenic highlight” of the University of Montevallo (Ranked by Thrilllist as one of the “20 most beautiful college campuses in the country”)—from proposed quarrying activity.

Presentations and Publications

“Surprise! You May Be an Environmental Criminal: Recognizing the Quagmire as a Prerequisite to Managing Risk, Manufacture Alabama Environmental Conference (November 16, 2016, Millbrook, Alabama)(presentation)
“Working with Environmental Experts in Litigation, Regulation, and Transactions,” 25th Annual Southern Environmental Law & Regulation Conference (June 10, 2016, Destin, Florida)(presentation)
“Healthcare Audits and Investigations as Pathways to Criminal and Civil Liabilities for Providers,” Etowah County Medical Group Management Association (October 20, 2015, Gadsden, Alabama)(presentation)
“Strategic Legal Risk Management—Contingency Planning to Avoid or Mitigate Legal Crises,” Alabama Society of Certified Public Accountants (August 13, 2015, Mobile, Alabama and August 31, 2015, Huntsville, Alabama) (presentations)
“Investigations—Internal and Governmental,” Alabama Society of Certified Public Accountants (August 13, 2015, Mobile, Alabama and August 31, 2015, Huntsville, Alabama) (presentations)
“What Accountants Should Know About White Collar Crime,” Alabama Society of Certified Public Accountants (August 13, 2015, Mobile, Alabama and August 31, 2015, Huntsville, Alabama) (presentations)

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Courts

U.S. Court of Appeals, 11th Circuit
U.S. Court of Appeals, District of Columbia Circuit
U.S. District Court, Northern District of Alabama
U.S. District Court, Middle District of Alabama
U.S. District Court, Southern District of Alabama
United States Tax Court

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