Paul DavisPaul Davis Clark Hill
Paul Davis is an Associate in Clark Hill's Labor & Employment practice group. Paul represents clients in diverse matters of labor and employment law and commercial litigation. Paul’s labor and employment practice has included defending employers against claims of discrimination, harassment, retaliation, wage and hour matters, workplace safety matters, and other claims under federal, state and local laws including Title VII, Fair Labor Standards Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Texas Commission on Human Rights Act, WARN Act, and other statutes.
He has defended employers in both single-plaintiff and collective/class actions in federal and state courts, arbitrations, administrative agency investigations and proceedings involving such agencies as the Equal Employment Opportunity Commission, Texas Workforce Commission, Occupational Safety and Health Administration, and other various state and federal Department of Labor agencies. Paul’s employment practice also includes advising and representing clients in preparing, reviewing, and enforcing employment agreements, non-compete and non-solicitation restrictive covenants, employee policies and handbooks, and in related litigation, including trade secret litigation and employee embezzlement.
Paul’s commercial litigation practice has included matters of contract disputes, fraud, breach of fiduciary duty, tortious interference, defamation, anti-SLAPP/TCPA motions to dismiss, Texas Deceptive Trade Practices Act, shareholder disputes, receivership, tort defense, creditor rights, bankruptcy, and related appellate practice.
Paul also enjoys giving back to the community through pro bono work.
Labor and Employment Experience
- Won summary judgment in national origin discrimination lawsuit in representation of petroleum exploration and production company.
- Won summary judgment in WARN Act litigation, representing offshore drilling company and successfully arguing case of first impression that multiple offshore rigs cannot be aggregated as a “single site of employment” under the Act.
- Represented a national hotel chain in litigation and settlement of two workers’ compensation retaliation lawsuits and in various investigations of EEOC charges, OSHA complaints, and ADA claims.
- Represented concrete company in reducing OSHA violation from serious to other than serious.
- Obtained favorable settlements for global petroleum corporation in multiple age discrimination lawsuits.
- Obtained preliminary injunctions for a petroleum engineering company against former employee and culpable family members for multimillion dollar embezzlement scheme.
- Represented three oilfield services companies in litigation of multiple FLSA collective actions, resulting in favorable settlements.
- Represented global integrated energy services company in multiple personal injury lawsuits arising out of worksite accidents, resulting in favorable settlements.
Commercial Litigation Experience
- As lead counsel for piping and cattle-ranching corporation’s president and majority shareholder, successfully defeated minority shareholder’s attempt to impose a receivership in temporary injunction hearing.
- Won summary judgment in contractual dispute for a global integrated energy services company.
- Victorious trial counsel for three auto repair businesses in bench trials of negligence claims before both county court and justice court, obtaining take-nothing judgments, including an award of all of client’s attorney’s fees in one judgment.
- Defended various auto repair and retail businesses in deceptive trade practices act claims, obtaining favorable settlements for clients.
- Obtained dismissal of two defamation lawsuits by successful anti-SLAPP/TCPA motions.
- Negotiated agreed chapter 11 plan and successful sale of real property as lead debtor’s counsel for an LLC in a bankruptcy case involving a Ponzi scheme perpetrated by the former LLC manager.
- Negotiated settlement of Ponzi scheme clawback judgment entered against a defrauded international client.
- Successfully motioned Bankruptcy Court for Southern District of New York to enforce discharge injunction entered in 1988 chapter 11 bankruptcy case of In re Allis-Chalmers Corp., et al., thereby obtaining dismissals of a successor-in-interest corporation from multiple mesothelioma lawsuits.
- Prepared successful appellate briefing in U.S. District Court reversal of Bankruptcy Court for Southern District of New York regarding novel issue of whether electricity is a “good” or a “service” under Bankruptcy Code, resulting in $900,000 priority claim for client, a wholesale energy distributor.
- Prepared appellate briefing for a central appraisal district in taxpayer dispute – still pending
- Prepared appellate briefing for excavation company in contractual dispute – still pending
- Assisted in victorious trial proceedings in complex commercial litigation between former real estate investment partners involving over 30 causes of action.
Pro Bono Work
- Sole trial counsel in contested child custody proceeding with live testimony and cross-examination, successfully obtaining sole managing conservatorship to protect pro bono client’s son from drug-addicted father.
- Obtained chapter 7 bankruptcy discharge for impoverished client, discharging over $100,000 of debt from hospital charges.
- Obtained guardianship for mentally handicapped client.
- Obtained court approval of structured settlement for injured child.
- Counsels veterans at various free legal clinics.