Frederick H. Davis

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

Frederick Davis is a litigator who represents clients at trial and on appeal in commercial and complex litigation, including class actions and intellectual property litigation. He also advises data-management, financial-services, and health care companies on the intersection of law and technology, including 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.
  • Defended patent infringement action Bombardier Recreational Products and BRP U.S. Inc. v. Arctic Cat (D. Minn) in all phases of litigation. Following a three week-trial, the jury invalidated plaintiff’s asserted patents.
  • 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.
  • Pre-certification defense and dismissal of putative Telephone Consumer Protection Act (TCPA) class action.
  • Advised major land grant 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

  • “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.