Bob Davis is widely acknowledged as one of the nation's leading legal
authorities and litigators working across a broad spectrum of employment and
ERISA issues. Bob is characterized by Chambers USA (2007) as a ". . .
'terrific lawyer' [who is] highly respected for his ERISA practice."
Chambers notes, too, that "As well as being recognized for his employee
benefits expertise, Bob . . . focuses on wage and hour compliance and
litigation. . . Clients describe him as a 'big-picture lawyer' who 'communicates
an intelligent game plan.'"
Bob's substantive areas of concentration include: FLSA and wage and
hour class and collective action litigation defense; ERISA litigation and
investigation defense; OSHA inspections and litigation defense; and electronic
discovery in complex civil cases and investigations.
Bob has been responsible for over 100 Fair Labor Standards Act and state wage
and hour cases, including collective action and class action certification and
decertification issues, enforcement of arbitration agreements when class claims
are involved, and notice and discovery in class cases. His victories for
employers include a precedent-setting appellate decision on the salary basis
under the FLSA, successful coordination of 28 statewide FLSA and wage and hour
cases through the Judicial Panel for Multi-District Litigation, and defeat of
class certification in several cases. Bob also has devised innovative structures
for negotiated settlements.
He handles trial and appellate ERISA litigation and represents plans,
fiduciaries, plan sponsors, and service providers in ERISA investigations and
litigation. His victories in the ERISA area include the successful defense at
trial, resulting in a defense judgment affirmed on appeal, of one of the first
major "stock drop" cases; winning summary judgment, affirmed on appeal, on all
of the substantial claims in a major LMRA õ 301/ERISA class action; dismissal of
a stock drop case complaint with prejudice against plaintiffs; and successful
defense of several national-level ERISA investigations by the US Department of
Bob has substantial experience in OSHA regulatory and enforcement matters,
including defense of employee fatality inspections; negotiation of pre-citation
settlements; defense of "wall to wall" inspections in several manufacturing and
processing settings; and proceedings before the Occupational Safety and Health
Prior to joining Mayer Brown in 1991 (Partner, 1991), Bob served as Solicitor
of Labor for the US Department of Labor (1989-1991) and as Chief of Staff to the
US Secretary of Transportation (1983-1985). Previously he served in senior
positions in the US Department of Justice.