Donald W. Davis, Jr.
Don is a successful commercial litigator with over 30 years of experience providing high quality representation to individuals and entities such as sole proprietorships, small and mid-size businesses, municipalities, agencies, and institutions. By valuing diversity in people, opinions, and experience, he has dedicated his career to be a legal counselor that continually learns by listening.
A flexible and creative trial attorney, Don represents businesses in the following practice areas:
- Business and Commercial Litigation
- Trade Secret and Non-competition Litigation
- Commercial Collections Litigation Management
- Business Owner Dispute Litigation
Contact Information75 East Market Street, Akron, Ohio 44308
The University of Akron School of Law, J.D.
Bowling Green State University, B.S. Business Administration
Honorable Frank J. Bayer, Court of Common Pleas Court, Summit County, Ohio, Clerkship
2021 Represented Ohio Department of Medicaid with co-counsel in litigation against Centene Corporation for breach of contract and fiduciary duty as to represented pharmacy benefit costs. The claims were settled for $88.3 million. Court of Common Pleas, Franklin County; US District Court, Southern District of Ohio.
2020 Representing State of Ohio, Bureau of Workers’ Compensation in litigation seeking to enforce pharmacy benefit agreement. Court of Common Pleas, Franklin County, Ohio
2020 Represented business in two-week jury trial against joint venture partner and ex-employee, who sought “bet the company” damages. Jury awarded opponents zero. Court of Common Pleas, Cuyahoga County, Ohio.
2019 Represented physician in one-and-a-half-week jury trial and obtained jury verdict enforcing agreement in favor of client and against prior practice group. Court of Common Pleas, Summit County, Ohio.
2019 Local counsel for Summit County, Ohio in Opioid MDL in U.S. District Court, Northern District of Ohio with partial settlement for client of over $100,000,000.
2017 Represented Kent State University against software developer in the U.S. District Court, Northern District of Ohio, asserting present intent fraud and breach of contract. Matter settled favorably for client after Court declined to dismiss fraud and breach of contract claims.
2016 Represented partnership of over 200 physicians that owned majority interest in operating hospital against minority owners (competing hospital). After three-week jury trial, jury found for client on primary issue for permitting continued control of hospital by client and the matter was resolved on favorable terms. Court of Common Pleas, Summit County, Ohio.
2015 Ohio counsel for Ohio Public Employees Retirement System as a plaintiff in the U.S. District Court, Southern District of New York class action lawsuit against Chase Bank for the actions of “London Whale”. The action settled for $100,000,000.
2014 Represented the Ohio Public Employees Retirement System, the State Teachers Retirement System, and the State of Ohio, Bureau of Workers’ Compensation in a direct action against McKesson Corporation, in U.S. District Court, Northern District of California which settled for $18,000,000.
Courts & Bar Associations
- Ohio Bar
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
- U.S. Court of Appeals, Sixth Circuit
- U.S. Supreme Court
- Akron Bar Association
- Ohio State Bar Association
- Sections: Litigation, Corporate Counsel, and Labor Employment
- American Bar Association
- Section of Litigation: Corporate Counsel, Business Torts, and Co-Chair for the Trial Practice Committee (2021-2022)
- Forum on Franchising
- Federal Bar Association
Professional & Civic Affiliations
- National Association of Public Pension Attorneys
- Scanlon/Bell American Inn of Court
- St. Hilary Knights of Columbus Council #14551
- Ancient Order of Hibernians, Mark Heffernan Division #2
Presentations & Publications
- Sponsor: Mediation: In the Land of Zoom; American Bar Association, Section of Litigation, Roundtable (February 2021)
- Sponsor: Women Throwing Shade: How It Was, How It Is, and Winning in Spite of It; American Bar Association, Section of Litigation, Annual Meeting, New York, NY (May 2019)
- Sponsor: Opening Statement, Go Wisely and Slowly. Those Who Rush, Stumble and Fall; American Bar Association, Section of Litigation, Annual Meeting, New York, NY (May 2019)
- Sponsor: SCOTUS Selfie; American Bar Association, Section of Litigation, Corporate Counsel, Annual Meeting, Miami, FL (February 2015)
- Sponsor: Exceptions to Attorney Client Privilege, American Bar Association, Section of Litigation, Roundtable (January 2014)
- Co-Sponsor: Shortcuts to Trial Wisdom; Northeast Ohio Regional Seminar, American Bar Association, Section of Litigation, Akron, Ohio (June 2013)