Davis M. Walsh is a trial lawyer who focuses on high-stakes litigation for public and private companies, along with advising clients on the legal and litigation risks surrounding the adoption of artificial intelligence. Davis is known for taking on cases that are critical to clients — from bet-the-company product liability trials to complex mass tort litigation — and for bringing the kind of creative, jury-focused strategy that wins them.
With deep experience in technically demanding litigation, Davis focuses on cases involving medical devices, pharmaceuticals, infectious disease, engineering issues, and emerging technology. His command of expert witness strategy — both developing strong witnesses for clients and dismantling the opposition’s — has made him a go-to counsel in cases where science matters as much as the law.
Davis served as trial counsel in matters across the country, including a high-profile eight-week medical device trial in Washington state. He regularly manages large, complex dockets for national and multinational clients, including coordinating cross-border e-discovery strategies and handling voluminous document productions in domestic and international matters. Davis views discovery not as a compliance exercise but as a critical opportunity to build a client’s case — interviewing key witnesses, identifying the documents that matter, and shaping the narrative before trial.
Davis advises clients on the legal and litigation risks surrounding artificial intelligence, including product liability exposure for AI-enabled products and the evolving regulatory landscape for AI. He has spoken on AI in trial practice at national conferences and is a thought leader in this space, writing on topics like whether social media and AI platforms can be held liable as defective products.
Davis is the lead editor of Infectious Disease Litigation: Science, Law and Procedure, published by the American Bar Association, and serves on the ABA’s Book Publishing Board. He is a frequent speaker at national conferences, including the American Conference Institute’s Drug and Medical Device Litigation Conference, and a sought-after commentator in legal media.
Prior to joining McGuireWoods, Davis clerked for the Honorable Tommy E. Miller, Magistrate Judge for the Eastern District of Virginia, and served in the Office of Commonwealth Preparedness under Governor Timothy M. Kaine and as the Legislative Aide to state Senator R. Creigh Deeds.
- Representation as national product liability counsel to an international medical device company.
- Representation as coordinating counsel for punitive damages for an American Class I railroad.
- Representation of a medical device company in a high-profile eight-week trial in Seattle, Washington. The jury rejected claims that a widely used medical scope that provides images of the stomach and small intestine was unsafe after a deadly superbug outbreak. The trial was the first in the United States involving allegations that gastrointestinal probes caused outbreaks of infections by drug-resistant bacteria and was watched closely by plaintiffs’ lawyers across the country with similar suits.
- Representation of a generic pharmaceutical manufacturer in a product liability case. Plaintiff dismissed the manufacturer after the McGuireWoods team filed a motion to dismiss on preemption grounds.
- Representation of a major employer facing over forty claims of Family Medical Leave Act interference and retaliation. Along with earning a complete summary judgment at the District Court level, McGuireWoods successfully argued the case before the Fourth Circuit Court of Appeals.
- Representation of a Class I railroad in a temporary restraining order and preliminary injunction effort to halt work critical to the continued transportation of good across the Eastern seaboard. The District Court denied both a temporary restraining order and preliminary injunction.
- Representation of a major transportation company in a defamation trial. Plaintiff’s verdict was reversed on appeal.
- Representation of a leading lifestyle company against claims that its product caused tonsillar cancer. Along with prevailing in multiple motions to exclude Plaintiff’s experts, McGuireWoods won a complete summary judgment.
- Representation of a leading automaker in a “malfunction theory” claim. Plaintiff attempted to use the malfunction theory to claim that her injury was claimed by a defect in a device despite adducing no evidence of a specific defect. McGuireWoods successfully argued that the malfunction theory did not apply and won summary judgment.
- Representation of a multinational automaker at a two-week product liability trial.
- Representation of an industry leading energy company in a two-week premises liability trial.
- Representation of a leading supplier of rail-based freight transportation in a lawsuit filed against a waste management company and its driver related to the failing of exercising due caution at train tracks which resulted in a massive explosion.
- Representation of multinational automaker in litigation. Plaintiff claimed his decedent developed mesothelioma as a result of exposure to asbestos from the automaker’s brakes while performing inspections of Virginia state inspection sites as a member of the Virginia State Police. Plaintiff’s verdict over-turned on appeal. Defense verdict upon re-trial.
- Defense of New Mexico-based dairy farmers in a nuisance action against dairy farms. Succeeded in obtaining summary judgment entered against the plaintiffs’ punitive damages claim and in excluding the plaintiffs’ expert testimony on public health and odor models.
Events
- Panelist, "Navigating the Opportunities and Perils of AI-Assisted Legal Representation and Trial Practice," 28th Annual ACI Drug and Medical Device Litigation Conference, December 5, 2023
- Panelist, "Assessing the Impact of the Recent Supreme Court Session on the Drug and Medical Device Industry and Upcoming Preemption Battles," 27th Annual ACI Drug and Medical Device Litigation Conference, December 6, 2022
- Panelist, "Infectious Disease Litigation: Science, Law, and Procedure," ABA Litigation Section Annual Conference, May 5, 2022
Podcasts
- Featured Guest, "Interested in Infectious Disease Litigations? Before You Accept a Case, Read This," Modern Law Library Podcast, March 10, 2021
Insights
- Author, Can Social Media or AI Be a Defective Product?, McGuireWoods Legal Alert, March 18, 2026
- Author, Product Liability & Mass Tort Monitor: September 2025, McGuireWoods Legal Alert, September 3, 2025
- Co-author, "Eastern District of Pennsylvania Solidifies Rule 702 Requirements for Medical Causation – Part 2," WLF Legal Pulse, February 22, 2022
- Co-author, "Eastern District of Pennsylvania Solidifies Rule 702 Requirements for Medical Causation – Part 1," WLF Legal Pulse, February 14, 2022
- Author, Increase in ‘Take-Home’ COVID-19 Litigation Creates Fear of ‘Never-Ending’ Liability for Employers, McGuireWoods Legal Alert, January 13, 2022
- Author, "Vaccine Mandates Need Liability Shields," Bloomberg Law, October 20, 2021
- Author, "It’s past time to abolish punitive damages," The Hill, October 13, 2021
- Co-editor and Contributing Author, “Chapter 3: Products Liability” and “Chapter 15: Punitive Damages”, Infectious Disease Litigation: Science, Law & Procedure, February 2021
- Co-author, "Keep Vaccination Decisions Out of the Courtroom," STAT, January 13, 2021
- Co-author, Data Analytics Decision Highlights Product Liability Questions, Law360, July 17, 2019
- Author, Florida Court Awards No Compensatory Damages … But $1 M Punitive, McGuireWoods Legal Alert, June 3, 2019
- Author, Can the ‘Long-Ago’ Nature of Conduct Bar Punitive Damages — Even for Recent Injuries?, McGuireWoods Legal Alert, February 14, 2017
- Author, Not So Happy Together: Punitive Damages Claim Blocked by First Impression Bar, McGuireWoods Legal Alert, October 4, 2016
- Author, Ruling Highlights Importance of Attacking Punitive Damages When Seeking Summary Judgment, McGuireWoods Legal Alert, July 25, 2016
- Author, 10th Circuit Reverses Punitive Damages Against Property Owner Based on Use of “Reputable” Contractor, McGuireWoods Legal Alert, June 15, 2016
- Author, Kentucky Supreme Court Affirms Punitive Damages 386 Times Compensatory Damages; Clarifies Vicarious Liability Standards, McGuireWoods Legal Alert, June 2, 2016
- Author, All a Twitter: Social Networking, College Athletes, and the First Amendment, 20 WM. & MARY BILL RTS. J. 619, 2011
- Selected for inclusion in Leading Lawyers, Product Liability & Toxic Torts, Virginia, Chambers USA, 2026
- Selected for inclusion as a “Recognized Individual,” Product Liability, Mass Tort and Class Actions – Toxic Tort – Defense, 2021, “Recognized Individual,” Product liability, Mass Tort and Class Action – Defense: Pharmaceuticals and Medical Devices, 2023, 2024, 2025, 2026, “Recognized Individual,” Transport: Rail and Road – Litigation and Regulation, 2023, Legal 500 US
- Selected for inclusion in Best Lawyers: Ones to Watch, Product Liability Litigation – Defendants, 2021-2025