Frederick H. Davis

(501) 975-3134
Associate
(501) 975-3001 Fax
Frederick.Davis@KutakRock.com

Mr. Davis is a litigator who represents clients at trial and on appeal in commercial and complex litigation, including class actions, patent litigation, litigation involving privacy and data security issues, and First Amendment litigation. He also advises companies on intellectual property protection and privacy and data security.

His representative experience includes:

  • Member of team defending energy company in competing royalty class actions filed in state and federal courts, including opposition to class certification, appeal of overlapping class-certification decisions, dispositive motions, and trial. In federal case, after a two-week trial, co-counsel and firm achieved a complete defense victory, with the jury rejecting the plaintiff’s claim for $300 million in actual and punitive damages and penalties.
  • Trial counsel representing Arctic Cat in Bombardier Recreational Products v. Arctic Cat (D. Minnesota). Bombardier alleged that numerous model years of Arctic Cat’s snowmobiles infringed two different Bombardier patents. After a three week trial, the jury returned a verdict in Arctic Cat’s favor finding that both Bombardier patents were invalid on multiple grounds.
  • Drafted and analyzed arguments for Markman and dispositive motions in several patent-infringement cases and assisted with appeal brief to the Federal Circuit Court of Appeals defending a client’s $46 million patent-infringement judgment.
  • Defended competing shareholder class actions and individual suits in state and federal court seeking to block merger transaction of publically held client. 
  • Pre-certification defense and dismissal of putative Telephone Consumer Protection Act (TCPA) class action.
  • Advised university on intellectual property portfolio, including trademark protection and licensing.
  • Advised industry leading data-management company on compliance with data privacy and security regulations, including requirements related to the TCPA, HIPAA, HITECH, and the Affordable Care Act.
  • Represented financial-services company in protecting proprietary information from public disclosure under the Arkansas Freedom of Information Act.
  • Pro bono representation of Muslim inmate in religious exercise claims under the First Amendment and RLUIPA against the Arkansas Department of Corrections. After a federal bench trial, the court found the Department’s meal-plan policy violated the federal statute and constitution by burdening Mr. Muhammad’s sincere religious belief that he keep a halal diet and consume halal meat daily and that the Department failed to show its policy was related to legitimate prison concerns.

Prior to joining the firm, Frederick served as a law clerk in the United States Attorney’s Office for the Western District of Arkansas in Fort Smith and as in-house counsel for a regional health insurer.

Publications

  • "Patent Litigation: Could Arkansas be Home to More Suits after TC Heartland," The Arkansas Lawyer (Fall 2018) (Text here)
  • “Arkansas Supreme Court Rules Pre-Dispute Contractual Jury-Trial Waivers Unenforceable,” Client Alert (Jan. 3, 2018) (Text here)
  • "Second Circuit Holds TCPA Consent Given In Contract Cannot Be Revoked," Arkansas Association of Defense Counsel Newsletter (Jan. 2018) (Text here)
  • "Medical Liability and the Disclosure-Offer Approach: Transforming How Arkansans Should Think About Medical Malpractice Reform," 42 ARK. L. REV. 1057 (2011)

Presentation

"Landmark Arkansas Cases: Johnson v. Rockwell," Judge Henry Woods American Inn of Court (February 14, 2018), discussing the history of tort reform and separation of powers between judicial and legislative branches, including proposed ballot measure amending the Arkansas Constitution.