Robert E. Davis

Represented a very large telecommunications equipment manufacturer (NYSE listed) in connection with a formal investigation by the SEC of an alleged fraudulent overstatement of sales in financial reports by several hundred million dollars, as well as a concurrent Federal grand jury investigation being pursued by the United States Attorney’s Office in New Jersey regarding the same transactions.

Represented the CEO of a large publicly-traded holding company (NYSE listed) in his defense of a formal SEC investigation in connected with allegations of insider trading incident to the acquisition of a target company in New England. The formal investigation was closed with no adverse action against the CEO or the company.

Represented the CEO of a large publicly-traded holding company (NYSE listed) in connection with a formal investigation by the SEC and a state Attorney General; issues considered including alleged insider trading (by the SEC) and alleged anti-trust violations (by the state Attorney General’s Office). No adverse action was taken against the CEO or the company by the SEC.

Represented a major tax-exempt community agency in connection with a grand jury investigation of suspected violations of federal postal laws.  The investigation was initiated with the execution of a search warrant and was based upon informants’ statements.

Represented a major manufacturer in its defense against an OSHA criminal investigation arising out of a death in the workplace.

Represented the tax partners and managers of national accounting firms in the defense of administrative and grand jury investigations proposing conspiracy and criminal tax charges in connection with the federal tax returns of prominent companies such as Zales Jewelry Co. (Dallas) and Georgia Power Company (Atlanta). These cases involved intensive investigative strategies such as execution of search warrants, use of inside informants carrying “body mikes”, and gathering taxpayer records by stealth. 

Represented the CFO of a company engaged in the spot trading of foreign currency in connection with an investigation being conducted by the Texas Securities Board as well as a federal grand jury; the issues presented include whether the trading activity involves the sale of a "security", and whether false representations have been made in the course of marketing the foreign currency trading activity.

Lead counsel to a team of lawyers representing Southwestern Bell Telephone Company in the defense of a subscriber class action that presented allegations that the company collected excessive municipal fees from a class of 5,000,000 customers. Mireles, et al. v. Southwestern Bell Telephone Company (Cameron County District Court).

Lead counsel (1995-1997) to a team of law firms representing Southwestern Bell Telephone Company in three putative class action cases involving alleged fraud and antitrust violations in the marketing of “InLine” and “InLine Plus” services to several million telephone customers in Texas. Corley, et al. v. Southwestern Bell Telephone Company (Marion County District Court); Hebert v. Southwestern Bell Telephone Company (Jefferson County District Court); Bastian, et al. v. Southwestern Bell Telephone Company (Calhoun County District Court).

Lead counsel from 1991-95 to a team of 10 trial lawyers representing Southwestern Bell Telephone Company, and its parent, Southwestern Bell Corporation, in the defense of a series of suits brought by over 55 Texas cities asserting that additional fees were due to the municipalities. These cases involved state class action proceedings as well as multi-district federal proceedings. RICO violations and fraud were alleged.  These cases were settled in the fourth day of trial. In re Texas Municipalities/Southwestern Bell Telephone Company Fee Ordinance Litigation , MDL Docket No. 903 (U.S.D.C., N.D. Tex.); City of Port Arthur v. Southwestern Bell Telephone Co., et al. (Jefferson County District Court).

Counsel to the executor for two estates involving a prominent West Texas family in connection with large proposed deficiencies in federal estate and gift taxes; these three cases were docketed in the U.S. Tax Court, and presented a wide range of issues, including valuation of corporate stock and 150,000 acres of ranch land, “minority discounts” in property valuation, alleged omitted assets, community property characterization, and various penalties. Estate of R.H. Fulton v. Comm’r (U.S. Tax Court); Estate of Evelyn Fulton v. Comm’r (U.S. Tax Court).