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 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—primarily in environmental, healthcare, and commercial matters.  He has substantial experience in parallel proceedings in which civil and criminal investigations or proceedings arise from the same set of facts or circumstances.  Richard also provides clients with legal counsel regarding legislation, administrative agency rulemaking, and public policy—particularly pertaining to healthcare and environmental issues.

 

Professional Recognition

  • AV-Rated, Martindale-Hubbell
  • Senior Fellow, Litigation Counsel of America Trial Lawyer Honorary
  • Vice Chair, International Institute of Natural Resources, Energy and Environmental Law (“IINREEL”)
  • 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 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

  • 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.
  • White Collar Investigation/Securities and Accounting Fraud:  Representing corporate officer in parallel securities and accounting fraud investigations of company by the Department of Justice and the Securities Exchange Commission (New York) and as witness in administrative proceeding before the SEC.
  • Healthcare/False Claims:  Represented physician in conjunction with Justice Department False Claims Act Civil Investigative Demand regarding over $750,000
  • Commercial Litigation:  Defended wastewater operations and management company against fraud and breach of contract claims totaling over $2,100,000 related to a decentralized cluster wastewater management system.
  • Healthcare/White Collar Crime:  Represented healthcare providers in DEA investigation (Alabama); Advised medical device manufacturer in conjunction with federal grand jury investigation (Detroit, MI) (no charges against client); investigated allegations of improper conduct by nursing home employee in making referrals to home health care providers (Alabama).
  • Environmental:  Birmingham Water Works Board v. Alabama Surface Mining Commission and Reed Minerals, Inc.: Represented client in trial of water quality issues in state court
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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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