Joshua D. Davey

Partner

Related Content

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, Charlotte Chapter Steering Committee, Federalist Society 

Former General Counsel, Mecklenburg County Republication Party

Board of Directors, Room at the Inn

Josh has a diverse litigation and regulatory practice spanning a wide range of industries, including work on behalf of clients in the financial services, telecommunications, energy, manufacturing, healthcare, foodservice, media and chemical industries. He has handled disputes at the trial and appellate involving insurance coverage, mortgage and banking litigation and regulation, government investigations, business tort and trade secret disputes, shareholder derivative and class action suits, real property and construction litigation, government contracting disputes, and media and First Amendment litigation. His clients have included Fortune 100 companies, small and midsize businesses, individuals, and nonprofit, religious, educational and charitable institutions.

In his regulatory work, Josh focuses on regulation and compliance issues affecting financial institutions. He has represented clients in Consumer Financial Protection Bureau examinations and investigations and is active in the firm’s CFPB and bank regulatory practice group as co-chair of the group’s CFPB publishing team. He also counsels clients on compliance issues relating to consumer financial protection laws.

In his insurance coverage practice, Josh focuses on insurance coverage counseling and litigation exclusively on behalf of policyholders. He routinely handles presentation and substantiation of insurance claims under D&O, D&O, CGL, Cyber and other policies, as well as litigation of those claims. He has helped to recover hundreds of millions of dollars on behalf of clients, and also has substantial experience defending insurance brokers in professional liability suits. He also regularly counsels clients on managing risk through insurance, including cyber and data privacy risks.

As a member of the firm’s appellate practice group, Josh has handled numerous appeals in federal and state appellate courts and has argued multiple times before the United States Court of Appeals for the Fourth Circuit and North Carolina Court of Appeals.

Prior to joining McGuireWoods, Josh clerked for the Judge Dennis W. Shedd of the U.S. Court of Appeals for the Fourth Circuit. Josh is active in the community and has served as a member of the board of several local nonprofit organizations. Josh is also committed to pro bono work and has represented clients in landlord-tenant disputes and has handled appointments in matters before the U.S. Court of Appeals for the Fourth Circuit and the North Carolina Court of Appeals.

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
RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representation of clients in multiple industries in connection with CFPB examinations, compliance matters, and enforcement proceedings.

Trial of a multimillion dollar bid protest leading to judgment in favor of our client.

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

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

Representation of multiple clients in connection with claims for insurance coverage relating to government investigations or third party litigation.

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

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

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

Representation of a manufacturing company in connection with insurance coverage issues arising from False Claims Act litigation.

Defense of an insurance brokerage firm in defense of a $7 million insurance coverage lawsuit in Kansas state court.

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 both 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.

Representation of multiple food service providers in connection with government contract bid protests.

Named to "North Carolina Rising Stars," Business Litigation, Super Lawyers, Thomson Reuters, 2013-2016

Mecklenburg County Bar Leadership Institute Class of 2011

Recipient, McGuireWoods Excellence Award, December 2010

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 CFO’s, 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 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