Joshua P. Davis
Joshua Davis supervises the Firm’s San Francisco Bay Area Office. He focuses his practice on antitrust, appeals, class certification, and more.
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Berger Montague
Biography

Mr. Davis supervises the Firm’s San Francisco Bay Area Office. He focuses his practice on antitrust, appeals, class certification, and ethics. He is one of the leading scholars in the nation on antitrust procedure, class certification, and ethics in class actions and complex litigation. He recently argued successfully before the U.S. Supreme Court in Harrow v. Department, No. 23-21 (May 16, 2024), obtaining a 9-0 decision in Mr. Harrow’s favor.

Mr. Davis is also a Research Professor at the University of California San Francisco College of the Law, where he is associated with the Center for Litigation and Courts. He organizes an annual conference on complex litigation ethics at UC Law SF. He also organizes and moderates an annual panel on ethics at the ABA’s National Class Actions Institute and speaks frequently on that topic.

Mr. Davis has taught at the Willamette University College of Law and the Georgetown University Law Center. He has testified before Congress on matters related to civil procedure and presented on matters related to private antitrust enforcement before the U.S. Department of Justice and the Federal Trade Commission.

Mr. Davis’ scholarship has been cited by multiple federal appellate and trial courts. He has published more than thirty articles and book chapters on antitrust, civil procedure, class certification, legal ethics, and legal philosophy, among other topics. He regularly presents throughout the country and the world at scholarly and professional conferences and symposia on AI, aggregate litigation, civil procedure, and ethics. A focus of his recent published articles and book chapters has been on artificial intelligence (AI) and the law, and he is completing a book, “Unnatural Law: AI, Consciousness, Ethics, and Legal Theory” (forthcoming in Cambridge University Press 2025). He is also co-editing with shareholder Candice Enders the first treatise dedicated to ethics in class actions and other complex litigation, several chapters of which are available on Lexis Nexis.

Mr. Davis won an award for Outstanding Antitrust Litigation Achievement in Private Law Practice from the American Antitrust Institute in 2023. He received a CLAY California Attorney of the Year Award in Antitrust in 2016. His law review article, “Defying Conventional Wisdom: The Case for Private Antitrust Enforcement,” 48 Ga. L. Rev. 1 (2013), won the 2014 award for best academic article from George Washington University School of Law and the Institute on Competition Law.

Mr. Davis graduated from N.Y.U. School of Law in 1993, where he won the Frank H. Sommer Memorial Award for top general scholarship and achievement in his class, served as the Articles Editor for the N.Y.U. Law Review, and was admitted to the Order of the Coif. After law school, he was a law clerk for Patrick E. Higginbotham of the U.S. Court of Appeals for the Fifth Circuit. He was a partner at Lieff, Cabraser, Heimann & Bernstein, LLP, until 2000, when he entered full-time legal academia until joining the Firm in 2022.