Fung, Vanessa B.

Christopher Davies is a partner in the firm's Securities and Litigation/Controversy Departments, and a member of the International Litigation, Investigations and Criminal Litigation, Securities Enforcement and Securities Litigation Practice Groups. Mr. Davies is also a member of the Dodd-Frank Whistleblower Working Group. His  practice focuses on the representation of defendants in complex civil and criminal investigations and litigation, with emphasis on allegations of financial and accounting fraud. Mr. Davies has particular experience in representation of clients in parallel proceedings.

Practice

Mr. Davies has represented corporations, financial institutions, accounting firms, Boards of Directors and individual clients in federal, state, PCAOB and SRO civil enforcement proceedings, criminal and civil investigations, and trial and appellate litigation involving allegations of securities, tax and other frauds, pretexting, insider trading, FCPA violations, financial reporting and disclosure improprieties, business torts, breaches of contract, anti-money laundering violations and noncompliance with audit and regulatory standards. He also has participated in internal investigations concerning allegations of improper document destruction, noncompliance with securities laws, insider trading, obstruction of government inquiries, financial and tax fraud and other misconduct. Mr. Davies also regularly counsels clients on matters such as attorney-client privilege and work product doctrine, compliance and other risk management policies, document retention protocols and practices and auditor independence matters.

Mr. Davies has extensive international experience and has represented non-US-based entities (from countries including Australia, Canada, China, Germany, Hungary, India, Japan, the Netherlands, and Russia) in both US and non-US proceedings.

Mr. Davies acts as counsel to a DC area private school. His other recent pro bono representation has included representing a DC-based non-profit mental healthcare provider in both private litigation and a suit against the DC government; filing suit on behalf of various Richmond residents and their children against the City of Richmond and the Richmond School Board for the Richmond schools' pervasive noncompliance with the Americans with Disabilities Act; providing legal and policy advice, as well as amicus brief-writing, to the National Association of Criminal Defense Lawyers; advising a West Virginia theater festival; and acting as a complaint examiner for DC's Police Complaints Board.

Recent Highlights

• Represented auditor in successful motion to dismiss in securities class action. (In re Arthrocare Corp. Securities Litigation, 1:08-cv-00574-SS (W.D. Tex. 2010))
• Successfully briefed and argued motion to dismiss on behalf of auditor in securities class action. Issues included subject matter jurisdiction, personal jurisdiction, forum non conveniens, and PSLRA matters. (Parks, et al. v. Fairfax Financial Holdings Ltd., et al., 2010 WL 1372537 (S.D.N.Y. 2010))
• Represented defendants in successful motion to dismiss in derivative action alleging breaches of fiduciary duty under Maryland law.  (Nadoff v. Walton, et al., 2007 CA 00160 B (D.C. Super. 2007))
• Defeated class certification on behalf of clients in a federal securities class action. (In re Red Hat, Inc. Securities Litigation, No. 5:04-CV-473-BR (E.D.N.C. 2007))
• Represented defendant accounting firm in a winning motion to dismiss a shareholder derivative complaint. (In re Bristol-Myers Squibb Derivative Litigation, 2007 WL 959081 (S.D.N.Y. 2007))
• Represented various amici in District Court briefing concerning government’s violation of defendants’ rights to fully defend themselves in the KPMG tax shelter fraud case.  (U.S. v. Stein, 452 F. Supp. 2d 276 (S.D.N.Y. 2006))
• Filed amicus brief with Second Circuit arguing that, in criminal prosecution of alleged accounting fraud, government must introduce relevant accounting standard and expert testimony.  (U.S. v. Rigas, 05-3577-cr(L) , 05-3589-cr (CON) (2006)) 
• Successfully defended auditor appointed pursuant to Master Settlement Agreement (MSA) in state court litigation arising from tobacco company’s allegations that it had been subject to excessive levies pursuant to the MSA.  (Top Tobacco v. Kentucky, et al., 05-CI-1172 (Ky. Cir. 2005); Top Tobacco v. Virginia, et al., 05-1313-4 (Va. Cir. 2005))
• Represented the defendants in a successful motion to dismiss a securities class action complaint alleging fraudulent accounting. (In re Allied Capital Sec. Litig., Fed. Sec. L. Rep. 92,411 (S.D.N.Y., Apr 25, 2003))
• Represented one of the defendants in a case alleging securities fraud arising from violation of defendants' duty of best execution. The Third Circuit upheld the trial court's denial of class action status. (Newton v. Merrill Lynch, et al., 259 F.3d 154 (3d Cir. 2001))

Professional Activities

Mr. Davies has been a panelist and speaker at events concerning financial statement fraud, internal investigations and the SEC's policy on corporate penalties. He also is a member of the National Chamber Litigation Center's Securities Litigation Advisory Committee, which advises NCLC on when to become involved as an amicus in securities litigation.