Daniel J. Davis is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and is a member of the firm’s Labor and Employment Practice Group and Administrative Law and Regulatory Practice Group.
Mr. Davis has a national practice handling litigation of a broad range of employment and labor issues, including matters under the various discrimination laws administered by the EEOC and Department of Labor; the Employee Retirement Income Security Act; the National Labor Relations Act; and the Occupational Safety and Health Act. Mr. Davis has also defended whistleblower claims under the Sarbanes-Oxley Act before both agencies and federal courts. Most recently, Mr. Davis is part of the Gibson Dunn team representing The Boeing Company in proceedings before the National Labor Relations Board defending Boeing’s decision to open a final assembly facility in South Carolina.
Mr. Davis has advised employers on personnel policies and affirmative action plans and on compliance with federal laws such as the Worker Adjustment and Retraining Notification Act, the Davis-Bacon Act, and the laws administered by the Office of Federal Contract Compliance. He has also conducted internal investigations regarding employment issues, prepared employment contracts, severance agreements, and counseled employers on both terminations for individual employees and large-scale reductions-in-force.
Mr. Davis also participates in the firm’s Administrative Law and Regulatory Practice Group, in which he represents clients submitting rulemaking comments and challenging government rules. He has successfully challenged the first rule issued by the Securities and Exchange Commission under the Dodd-Frank Act, Business Roundtable, et al. v. SEC, 647 F.3d 1144 (D.C. Cir. 2011), and a previous SEC rule to regulate Fixed Indexed Annuities. American Equity Life Ins. Co. v. SEC, 572 F.3d 934 (D.C. Cir. 2009).
Mr. Davis has written and spoken about a variety of employment and administrative law issues.
Prior to returning to the firm in 2007, Mr. Davis served as Counsel to the Assistant Attorney General in the Civil Division of the U.S. Department of Justice, a position in which he assisted in the operation of the largest component of the Department of Justice. The Civil Division litigates a wide range of issues, including consumer fraud, torts, immigration, national security, the government’s commercial activities, and the defense of constitutional challenges to federal statutes and policies. While at the Department of Justice, Mr. Davis argued nine cases before federal appellate courts.
Mr. Davis served as a law clerk to the Honorable Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit. He received his J.D. with High Honors from The University of Chicago Law School in 2002, where he was elected to the Order of the Coif. While at Chicago, Mr. Davis was the Executive Editor of The University of Chicago Law Review. He earned a Bachelor of Arts degree magna cum laude from Brigham Young University in 1998, where he majored in International Politics, with a minor in Economics.
Mr. Davis is admitted to practice in the District of Columbia, in the Commonwealth of Virginia, in the United States Courts of Appeal for the D.C. Circuit, Second Circuit, Fourth Circuit, Fifth Circuit, and Ninth Circuit, and various federal district courts.