Joshua D. Davey

Partner

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Practices
Industries
Education
  • Harvard Law School, JD, 2006
  • Northwest University, BA, 2003
Admissions
  • North Carolina
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Supreme Court
Affiliations

Member, American Bar Association

Member, North Carolina Bar Association

Member, Mecklenburg County Bar

Member, Federalist Society, Charlotte Chapter Steering Committee

Order of Malta

Past member, Board of Directors, MiraVia

Past General Counsel, Mecklenburg County Republican Party

Josh focuses his practice on complex, high-stakes litigation and government enforcement work. He has extensive experience representing financial industry clients in investigations and government enforcement proceedings before the Bureau of Consumer Financial Protection, the Office of the Comptroller of the Currency and state attorneys general, as well as in high-stakes litigation and class actions. His clients have included national banks, regional banks, mortgage, auto and credit card lenders and tax advisers. As co-chair of the firm’s consumer financial regulatory and enforcement team publishing committee, Josh is a thought leader in regulation and litigation affecting financial services firms.

Josh also co-chairs McGuireWoods’ insurance recovery practice group and represents policyholders in connection with claims and litigation under D&O, E&O, professional liability, CGL, cyber and other types of insurance policies. Over the years, Josh has helped clients recover hundreds of millions of dollars in coverage for disputed claims. In addition, Josh defends insurance brokers in professional liability suits and counsels clients on managing risk through insurance, including cyber and data privacy risks.

Josh’s experience includes other types of trial and appellate matters across industries, including business tort and trade secret disputes, shareholder derivative and class action suits, real property and construction litigation, government contracting disputes, media and First Amendment litigation, and litigation under state and federal freedom of information acts. His clients have included Fortune 100 companies, small and midsize businesses, individuals, and nonprofit, religious, educational and charitable institutions.

As a member of the firm’s appellate practice group, Josh has handled numerous appeals in federal and state appellate courts, arguing multiple times before the U.S. Court of Appeals for the 4th Circuit and North Carolina Court of Appeals.

Prior to joining McGuireWoods, Josh clerked for Judge Dennis W. Shedd of the 4th Circuit. Josh is active in the community and has served as a board member of several local nonprofit organizations. Josh also is committed to pro bono work and he has represented clients in immigration matters, landlord-tenant disputes, custody and guardian ad litem proceedings, and in Criminal Justice Act appointments in the 4th Circuit. Outside the office, Josh enjoys his family, the outdoors and training for marathons.

In the News

Joshua D Davey
vCard
T: +1 704 343 2167F: +1 704 805 5019201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Financial Services and Government Regulatory and Enforcement

Representation of a national bank in multiple class action lawsuits relating to auto lending businesses.

Representation of national bank, mortgage lender, tax adviser and other clients in connection with CFPB examinations, compliance matters and enforcement proceedings.

Defense of a national bank in connection with litigation concerning mortgage servicing practices brought by a state attorney general.

Conducted internal investigation of certain business practices for a major financial services firm.

Insurance Recovery

Obtained multimillion-dollar insurance recovery for a multistate hospital and physician network under ERISA fiduciary liability policies.

Recovered more than $6 million under a D&O policy on behalf of a manufacturing client.

Representation of a utility in connection with insurance coverage disputes arising from damage to a nuclear plant; recovery to our client was $835 million.

Representation of a large general contractor in connection with insurance coverage disputes arising from multimillion -dollar construction defect litigation.

Representation of a national bank in connection with an insurance coverage dispute concerning thousands of unpaid claims on defaulted home equity loans.

Other Litigation

Lead trial attorney in a multimillion-dollar bid protest leading to judgment in favor of our client.

Representation of multiple food service providers in connection with government contracting, bid protest and FOIA matters.

Representation of a design-build general contractor in numerous litigations brought by subcontractors.

Defense of multiple insurance brokerage firms in broker liability litigation.

Representation of a large religious organization in connection with multiple lawsuits arising from alleged employee criminal conduct.

Defense of a national foodservice management company in the defense of a putative antitrust class action in Alabama at trial and appellate levels.

Appellate counsel for a Fortune 500 company following trial on employment discrimination claims.

Appellate counsel for a national telecommunications provider in connection with a putative consumer class action.

Representation of a Fortune 500 telecommunications provider in arbitration and litigation proceedings in the Southern District of New York.

Defense of a television news station against claims of defamation and other tort claims.

Named to "North Carolina Rising Stars," Business Litigation, Super Lawyers, Thomson Reuters, 2013-2017

Mecklenburg County Bar Leadership Institute Class of 2011

Recipient, McGuireWoods Excellence Award, December 2010

Co-author, "Find the Right Cyber Insurance Policy," Today’s General Counsel, August/September Edition, 2017
Author, "DOJ Policy Shift Will Have Significant Effect on D&O Claims," Practice Points, American Bar Association, Section of Litigation, Insurance Coverage, October 28, 2015
Co-author, "Chipping Away at the CFPB's Clandestine Activities," Law360, May 4, 2015
Author, "Appellate Practice in the 21st Century: Should North Carolina’s Appellate Courts Allow Hyperlinked Briefs?," Appellate Practice Section newsletter, North Carolina Bar Association, February 2015
Co-Author, "Reps and Warranties Insurance Rises in Health Care Deals," Law 360, April 23, 2014
Author, "Are You Covered for Food Product Recalls?," Law 360, April 15, 2014
Co-Author, "A Buyer's Guide to Cyber Insurance," Law 360, October 23, 2013
Author, "Middle District Affirms Availability of Chapter 75 Relief to Foreign Plaintiffs; Ada Liss Group (2003) v. Sara Lee Corp.," Antitrust News, December 2010
Author, "ABA-NCSC Summit Addresses Challenges to Fairness, Impartiality of State Courts," State Court Docket Watch, The Federalist Society, Summer 2009
Author, "Court of Appeals Reaffirms Broad Indirect Purchaser Standing Under N.C.G.S. § 75-16; Teague v. Bayer AG," Antitrust News, March 2009
Author, "Management of Corporate Documents," Successful Partnering Between Inside and Outside Counsel, Thomson Reuters, 2009
Author, "The North Carolina Supreme Court: A Special Issue Report," The Federalist Society for Law and Public Policy Studies, October 21, 2008
Co-author, "A Plan for E-Discovery Should Be in Place Now," Business North Carolina, June 1, 2007
Speaker, "New and Emerging Healthcare Risk Factors," 11th Annual Healthcare Provider Conference; Healthcare Finance and Growth, October 2016
Speaker, "Cyber Risk and Cyber Insurance Issues," 10th Annual Healthcare Provider Conference, September 2015
Panelist, "Cyber Risks," Risk Management for CFOs, May 2015
Speaker, "Insurance Coverage for Government Investigations," 2015 Insurance Law Section Annual Meeting, North Carolina Bar Association, April 2015
Speaker, "Managing Cyber Risks With Insurance: Tips for Nonprofits," 12th Annual Nonprofit Seminar - Charities: More Change on the Horizon?, September - October, 2014
Panelist, "Reps and Warranties Insurance: What is it? How much does it cost? How can it help?," Deal Buzz Series, April 2014
CFPB Announces a New “Office of Innovation”, Consumer FinSights, July 23, 2018
No Changes to CFPB This Year, Subject to Inquiry, May 2, 2018
CFPB Issues Game-Changing Rule On Arbitration Clauses, Subject to Inquiry, July 11, 2017
Treasury Department Recommends Broad Reforms to CFPB, Subject to Inquiry, July 6, 2017
CFPB Fails to State Case Against Payment Processor, Subject to Inquiry, March 27, 2017
D.C. Circuit Grants Rehearing in PHH Case, Subject to Inquiry, February 21, 2017
Senators Introduce Bill to Restructure CFPB Leadership , Subject to Inquiry, February 14, 2017
Trump Signals Beginning of Efforts to Curtail Dodd-Frank , Subject to Inquiry, February 7, 2017
Four Questions to Ask Before Renewing Your Policy, Insurance Recovery Blog, January 23, 2017
CFPB Report Highlights Continued Focus on Mortgage Redlining, Subject to Inquiry, November 22, 2016
D.C. Circuit Rebukes CFPB in PHH Case, Subject to Inquiry, October 11, 2016
D&O Insurance: Five Things Your Company’s Policy Might Cover Which Could Surprise You, McGuireWoods Insurance Recovery Blog, September 28, 2016
House Financial Services Committee Takes Aim at the CFPB, Subject to Inquiry, September 26, 2016
Best Practices for Getting Notice Right, Insurance Recovery Blog, August 23, 2016
CFPB Issues Final Mortgage Servicing Rules, Subject to Inquiry, August 5, 2016
Oral Arguments in PHH Case Signal Trouble for CFPB, Subject to Inquiry, April 14, 2016
CFPB Takes Aim at Overdraft Fees and Screening Inaccuracies, Subject to Inquiry, February 23, 2016
CFPB’s Cordray Issues Warning to Vendors, Subject to Inquiry, November 4, 2015
CFPB Shines Spotlight on Credit Card Complaints , Subject to Inquiry, November 3, 2015
CFPB Targets Pension Lenders in Dodd-Frank Suit, Subject to Inquiry, October 14, 2015
CFPB Online Loan Suit Sent to California, Subject to Inquiry, October 9, 2015
CFPB Obtains Injunction Against World Law Group, Subject to Inquiry, September 29, 2015
New Poll Finds Many Americans Dissatisfied with CFPB , Subject to Inquiry, September 8, 2015
CFPB Announces Results of eClosing Pilot Project , Subject to Inquiry, September 1, 2015
CFPB Targets Practices Impacting the Elderly, Subject to Inquiry, July 30, 2015
CFPB Drives Action Against Auto-Finance Company, Subject to Inquiry, July 1, 2015
CFPB Issues Final Rule Governing Non-Bank Auto Lenders, Subject to Inquiry, June 12, 2015
CFPB Targets PayPal’s Consumer Lending Service, Subject to Inquiry, April 21, 2015
CFPB Continues Focus on Mortgage Lender Advertising, Subject to Inquiry, April 16, 2015
White House Proposes Expansive Data Breach Notification Bill, Subject to Inquiry, January 22, 2015
CFPB Supervision Exposes Violations by Service Providers, Subject to Inquiry, November 25, 2014
August Antitrust Bulletin, August 19, 2014
November Antitrust Bulletin, November 18, 2013
August Antitrust Bulletin, August 23, 2012
April Antitrust Bulletin, April 19, 2011