Co-Chair of DWT's Climate Change Practice Group
Representative Experience
Worked in extractive industries for over 25 years including geothermal in regulatory, transaction and dispute resolution areas. Represented oil and gas companies, independent power companies and municipal utilities in both transactional and litigation matters for nearly fifteen years, successfully represented municipal utilities in litigation adverse to investor-owned utilities and served as regulatory counsel to a major independent power company for over ten years including extensive antitrust counseling.
Antitrust counseling and analysis, including antitrust market concentration analysis, Hart-Scott-Rodino Act compliance and related dealings with the Antitrust Division of the Department of Justice, the Federal Trade Commission and coordination of foreign premerger requirements for national and international mergers and acquisitions in many industries including energy, construction and high technology.
Represents large U.S. and international corporate clients in civil litigation including jury trials involving securities issues, environmental insurance coverage, contractor liability and toxic torts and in administrative proceedings before the Federal Trade Commission and the Department of Justice.
Prior Experience
Special Counsel, Thelen Reid & Priest LLP
Clerk to Honorable Melvin Brunetti, United States Court of Appeals, Ninth Circuit, 1988-1989
Assistant Brokerage Manager, Phoenix Mutual Life Insurance Company, 1980-1984
Vice President, Cardiff York Insurance Agency, 1980-1984
Editor, Artbeat Magazine, 1980-1985
Busse & Cummings Advertising, 1976-1980
Publications
A. Davis, C. Gannett, "State and Regional Approaches to Climate Change: Precocious or Preempted", Rocky Mountain Mineral Law Foundation, 2008 Mineral Law Series No. 3 (2008)
Contributor, ABA Section of Antitrust Law, Premerger Notification Practice Manual (4th ed. 2007)
A. Davis, P. Thompson, "Supreme Court Supports EPA Clean Air Act Interpretation Against Duke Energy," The Manufacturer, April 2007
A. Davis, P. Thompson, "Supreme Court Supports EPA Clean Air Act Interpretation Against Duke Energy," DWT Energy Advisory, April 2007
A. Davis, "Regulatory Aspects of Acquisitions in the EU/United States," Chapter 11, Company Acquisitions Handbook, Tottel Publishing Ltd., England, 8th Ed. 2007 (previously contributed to 4th Ed, 1996, 5th Ed., 1999, 6th Ed., 2001 and 7th Ed., 2004)
A. Davis, "Examining the Different Antitrust Laws," Inside the Minds - Antitrust Laws, Aspatore Books, First Printing, 2005
A. Davis, "International Merger Control: A Proliferation of Potential Pitfalls," Intellectual Property and Trade Regulation Journal, Thelen Reid & Priest LLP, Vol. 3, No. 7, Fall 2002
A. Davis, K. Shea, "Stock and Asset Deals: Coordinating and Obtaining Regulatory Approvals and Other Requirements Involving Transfers of Permits, Leases, and Rights of Way," 47 Rocky Mountain Mineral Law Institute §9 (2001)
Author, “HSR Act Amendments Bring Regulatory Relief For Power Acquisitions At the Cost of Higher Filing Fees,” Energy Notes: Winter 2001 (publication of the Energy, Utility and Infrastructure Practice Group of Thelen Reid & Priest LLP)
"Dramatic HSR Act Amendments Raise Filing Threshold and Filing Fees for Mergers and Acquisition," Thelen Reid Report #49, Thelen Reid & Priest, February 7, 2001
Contributor, Chapter 9, Antitrust and Unfair Competition, "Doing Business in the United States," Thelen Reid & Priest LLP (1999 and 2001)
A. Davis, K. Belgum, "Supreme Court Disallows Implied Private Right of Action for Aiding and Abetting Under Securities Laws," ABA Professional Liability Litigation Newsletter, Summer 1994
Presentations
"State and Regional Approaches to Climate Change," Resource Development and Climate Change Conference, Rocky Mountain Mineral Law Foundation, April 2008, Phoenix, Arizona
"State and Regional Regulations - West Coast -- California's Climate Change Legislation: Foresight or Folly?" Climate Change Regulation and Policy, presented by Law Seminars International, April 2007, Washington DC
"Contracting in the U.S.: The 'Plain Meaning' of the Contract?," Effective Commercial Contracts - An International Comparison, sponsored by Lawyers in Commerce & Industry Group, June 2005, London, England
"Merger Best Practices Workshop," Federal Trade Commission, San Francisco, June 5, 2002, transcript available at www.ftc.gov; see also "Merger Investigation Best Practices Workshop, A kinder, gentler Second Request in the offing?" FTC Watch, No. 592, June 20, 2002, page 4
"Stock and Asset Deals: Coordinating and Obtaining Regulatory Approvals and Other Requirements Involving Transfers of Permits, Leases, and Rights of Way," Rocky Mountain Mineral Law Foundation Annual Institute, July 2001, Santa Fe, New Mexico
"The New 'Undue Impairment' Standard (For the Bureau of Land Management)," California Mining Association Annual Meeting, May 2000
"Objection: The Strategic Use of Objections at Depositions and at Trial," Bar Association of San Francisco Seminar, July 13, 1999
"Non-Legal Regulatory Advice for Mining Companies," Environmental Issues Facing the Mining Industry Conference, sponsored by Strategic Research Institute, January 12-13, 1999, Scottsdale, Arizona
Chair, Sixth Annual National Mineral Education Conference, June 1997, San Francisco
"Avoiding Year 2000 Problems," Thelen Marrin, Johnson & Bridges, October 15, 1996, San Jose; and October 16, 1996, San Francisco
"The Benefits of Mining Industry Involvement in Public Education," California Mining Association annual Meeting, April 1994
"The Importance of Environmental Compliance and Self-Policing Programs," Central Valley Rock, Sand and Gravel Association Seminar, Regulatory Compliance Session, January 1993
Memberships and Activities
State Bar of California
San Francisco Bar Association
State of Nevada Bar
Energy Bar Association
Power Association of Northern California
American Bar Association, Antitrust Section
Former Chair of the Board of Directors and President, California Mineral Education Foundation
Rocky Mountain Mineral Law Foundation
International Who’s Who of Mining Lawyers
Listed in The International Who's Who of Business Lawyers
Selected to "Super Lawyers," Northern California Law & Politics, 2005
Named as one of the "Best Lawyers in the Bay Area" by Bay Area Lawyer Magazine, 2005
Education
J.D., University of California, Davis
B.A., Smith College, Northampton, Massachusetts