Starnes Davis Florie

Richard E. Davis

Partner

Richard E. Davis

Richard E. Davis

Partner

100 Brookwood Place
7th Floor
Birmingham, AL 35209

Richard represents clients in environmental, commercial, healthcare fraud, and white collar criminal matters, including trials and appeals and investigations by regulatory and law enforcement agencies.  He has decades of experience navigating parallel proceedings in which civil and criminal issues arise from the same set of facts.  Richard also counsels clients regarding legislation and public policy pertaining to healthcare and environmental issues.

Although much of Richard’s work involves defending clients, he has also obtained millions of dollars in value for plaintiffs and counter-claimants, obtained an injunction protecting a rare wetlands area, and obtained the release from federal prison of an individual incarcerated for 30 years for a non-violent crime.

 

Professional Recognition

  • AV-Rated, Martindale-Hubbell
  • Senior Fellow, Litigation Counsel of America Trial Lawyer Honorary
  • Top Leading Litigator by Chambers USA
  • Best Lawyers in America®—Commercial Litigation, Environmental Law, Litigation-Environmental, and Natural Resources. In addition, Best Lawyers in America® has named Richard Davis the “Birmingham Natural Resources Law Lawyer of the Year” for 2017, 2019, and 2021.
  • Mid-South Super Lawyers
  • 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

  • Volunteer, Northern District of Alabama Pro Bono Counsel for Unrepresented Indigent Parties in Civil Cases

Highlights

  • Environmental:  Defending public water authority in multiple putative class action/mass tort cases regarding PFOA, PFOS, and related chemicals in the Tennessee River
  • Environmental Crime:  representing trucking company in investigation of alleged discharge of hazardous waste
  • Environmental/Commercial:  representing recycling and transport services company in civil enforcement proceeding and related commercial litigation after successful representation in criminal investigation of hazardous waste disposal practices (no charges filed)
  • Healthcare:  representing six different healthcare providers—corporate and individual—in False Claims, Stark, and Anti-Kickback investigations
  • Environmental:  Defending Clean Water Act citizen suit against landowner for alleged unpermitted discharges of pollutants into Black Warrior River from reclaimed mine site
  • Healthcare/False Claims:  Advising multiple physician practices in conjunction with audits, investigations, and overpayment recoupment actions involving claims totaling millions of dollars.  Recently obtained on administrative appeal revision of $2,700,000.00 overpayment to $2,100.00 through the presentation of statistical, independent audit, and medical necessity evidence; obtained complete dismissal of state Medicaid overpayment claim; and obtained 75% reduction of an overpayment claim by a third-party administrator.
  • White Collar Investigation/Securities and Accounting Fraud:  Represented corporate officer in parallel securities and accounting fraud investigations of company by the Department of Justice (USAO SDNY) and the Securities Exchange Commission (New York) and as witness in SEC administrative proceeding
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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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