Joshua D. Davey Partner

Josh focuses his practice on complex, high-stakes litigation and government enforcement in the financial services industry. He has extensive experience representing financial industry clients in investigations and government enforcement proceedings before the Bureau of Consumer Financial Protection (CFPB), the Office of the Comptroller of the Currency (OCC) 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 also includes a wide range of other 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. 

Experience

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.

  • Harvard Law School, JD, 2006
  • Northwest University, BA, 2003

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

  • North Carolina
  • U.S. Supreme Court
  • U.S. Court of Appeals for the 4th Circuit

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

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