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Melissa Nott Davis
Partner
Suite 3500
Boston, MA 02111
Melissa is an experienced litigator who represents clients in a wide variety of health, science and technology sectors, including agribusiness, consumer products, life sciences, pharmaceutical and medical devices. She handles cases involving product liability, complex commercial litigation, and intellectual property. In addition to litigation matters, she has represented clients in International Trade Commission investigations, state...
Melissa is an experienced litigator who represents clients in a wide variety of health, science and technology sectors, including agribusiness, consumer products, life sciences, pharmaceutical and medical devices. She handles cases involving product liability, complex commercial litigation, and intellectual property. In addition to litigation matters, she has represented clients in International Trade Commission investigations, state administrative agencies, mediation and arbitration.
Melissa is dedicated to meeting client goals, whether it can be achieved through litigation, negotiated resolution or a strategic combination of both. She has negotiated a variety of business and employment agreements and intellectual property licenses. She frequently works with international clients, managing cross-cultural communications and navigating applicable regulatory frameworks. She has worked with clients from Japan, Germany, Taiwan, the Netherlands, the United Kingdom and France.
Melissa is savvy in seeking out practical solutions, and her extraordinary drive and determination led a federal court to describe her efforts to admit a critical piece of evidence despite fierce opposition as “Herculean.” She is a versatile practitioner who excels at leading teams in fact development, case strategy and trial execution.
Melissa also serves as the Chairperson of MLPB’s (formerly Medical Legal Partnership | Boston) Advisory Board and has provided pro bono services for MLPB for more than 20 years. As an alumna, she is actively involved with Northwestern University, having served on its Leadership Circle for the Boston region and worked with the NU for Life program, which is dedicated to the professional development of student athletes. She was a member of the Northwestern women’s swimming and diving team, where she was an All-American, Academic All-American, and Academic All-Big Ten. She is also a member of the Baylor School Athletic Hall of Fame.
administrative agencies, mediation and arbitration.
Melissa is dedicated to meeting client goals, whether it can be achieved through litigation, negotiated resolution or a strategic combination of both. She has negotiated a variety of business and employment agreements and intellectual property licenses. She frequently works with international clients, managing cross-cultural communications and navigating applicable regulatory frameworks. She has worked with clients from Japan, Germany, Taiwan, the Netherlands, the United Kingdom and France.
Melissa is savvy in seeking out practical solutions, and her extraordinary drive and determination led a federal court to describe her efforts to admit a critical piece of evidence despite fierce opposition as “Herculean.” She is a versatile practitioner who excels at leading teams in fact development, case strategy and trial execution.
Melissa also serves as the Chairperson of MLPB’s (formerly Medical Legal Partnership | Boston) Advisory Board and has provided pro bono services for MLPB for more than 20 years. As an alumna, she is actively involved with Northwestern University, having served on its Leadership Circle for the Boston region and worked with the NU for Life program, which is dedicated to the professional development of student athletes. She was a member of the Northwestern women’s swimming and diving team, where she was an All-American, Academic All-American, and Academic All-Big Ten. She is also a member of the Baylor School Athletic Hall of Fame.
Experience
Previous Professional Experience
- Partner and Senior Counsel, Kansas City-based large firm (2019–2024)
- Counsel, Philadelphia-based mid size firm (2017-2019)
- Partner and Associate, Chicago-based large firm (2002-2016)
Representative Matters
- Lead coordinating counsel and jurisdictional expert for product liability cases against agrochemical company filed in Massachusetts state and federal courts. Responsible for all decisions related to initial strategy and fact witness discovery. Responsible for coordinating in a virtual law firm setting to ensure any jurisdiction specific issues are addressed. Recently secured decision of first impression related to federal preemption of Massachusetts common law claims.
- Served as coordinating counsel and jurisdictional expert to defend major tobacco company in over 70 smoking and health cases in Massachusetts state courts. Claims included breach of warranty for design defect and failure to warn, wrongful death, conspiracy, fraud, negligence and violation of Chapter 93A.
- Defended medical device company facing product liability claims in the United States District Court for the District of Massachusetts. Secured significant case dispositive opinions resulting in favorable resolution of cases.
- Defended major university in class action filed against its medical school related to practices of the anatomical gift program. Following removal of the case to federal court under the Class Action Fairness Act, secured dismissal of entire action based on a novel application of the immunity provision contained in the Massachusetts Anatomical Gift Act. Dismissal upheld by the First Circuit.
- Defended Japanese medical device manufacturer and its American distributor against patent infringement claims related to osteoarthritis treatment. Responsible for expert reports concerning damages, physician practices related to the device and FDA regulatory procedures. Obtained complete defense verdict, with jury finding that client’s product did not infringe and the patent was invalid.
- Defended Taiwanese smartphone manufacturer in International Trade Commission investigation involving 23 distinct smartphone and tablet products with nine asserted patents. Responsible for leading the offensive and defensive discovery efforts and interacting with client’s in-house counsel and technical representatives. Defended depositions of Taiwanese company representatives concerning the technical nuances related to a patent concerning email servers. The administrative law court that tried the case characterized it as one of the most complicated patent cases it had ever seen. The investigation was resolved as part of a global settlement.
- Defended major rideshare company against discrimination allegations in Massachusetts Commission Against Discrimination proceedings. Successfully resolved the matters through mediation.
Publications
- Mass. Bar Split As Pre-Pandemic 12-Person Juries Return, Law360 (January 12, 2024)
- Mass. Bench Makeover Leaves Attys 'Looking For An Edge', Law360 (October 27, 2023)
- Riding The Circuit: Mass. Attys Bemoan Judicial Rotations, Law360 (August 2, 2023)
Education
-
Boston University School of Law,
JD,
cum laude
(2002)
- Boston University Public Interest Law Journal, Articles Editor
- Edward F. Hennessey Scholar (top 25% of graduating class)
- Harvard University Extension School, Master of Liberal Arts Management (2014)
- Northwestern University, BA, History and Secondary Education
Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals for the First Circuit
- U.S. Supreme Court
Practice Areas
Previous Professional Experience
- Partner and Senior Counsel, Kansas City-based large firm (2019–2024)
- Counsel, Philadelphia-based mid size firm (2017-2019)
- Partner and Associate, Chicago-based large firm (2002-2016)
Representative Matters
- Lead coordinating counsel and jurisdictional expert for product liability cases against agrochemical company filed in Massachusetts state and federal courts. Responsible for all decisions related to initial strategy and fact witness discovery. Responsible for coordinating in a virtual law firm setting to ensure any jurisdiction specific issues are addressed. Recently secured decision of first impression related to federal preemption of Massachusetts common law claims.
- Served as coordinating counsel and jurisdictional expert to defend major tobacco company in over 70 smoking and health cases in Massachusetts state courts. Claims included breach of warranty for design defect and failure to warn, wrongful death, conspiracy, fraud, negligence and violation of Chapter 93A.
- Defended medical device company facing product liability claims in the United States District Court for the District of Massachusetts. Secured significant case dispositive opinions resulting in favorable resolution of cases.
- Defended major university in class action filed against its medical school related to practices of the anatomical gift program. Following removal of the case to federal court under the Class Action Fairness Act, secured dismissal of entire action based on a novel application of the immunity provision contained in the Massachusetts Anatomical Gift Act. Dismissal upheld by the First Circuit.
- Defended Japanese medical device manufacturer and its American distributor against patent infringement claims related to osteoarthritis treatment. Responsible for expert reports concerning damages, physician practices related to the device and FDA regulatory procedures. Obtained complete defense verdict, with jury finding that client’s product did not infringe and the patent was invalid.
- Defended Taiwanese smartphone manufacturer in International Trade Commission investigation involving 23 distinct smartphone and tablet products with nine asserted patents. Responsible for leading the offensive and defensive discovery efforts and interacting with client’s in-house counsel and technical representatives. Defended depositions of Taiwanese company representatives concerning the technical nuances related to a patent concerning email servers. The administrative law court that tried the case characterized it as one of the most complicated patent cases it had ever seen. The investigation was resolved as part of a global settlement.
- Defended major rideshare company against discrimination allegations in Massachusetts Commission Against Discrimination proceedings. Successfully resolved the matters through mediation.
Publications
- Mass. Bar Split As Pre-Pandemic 12-Person Juries Return, Law360 (January 12, 2024)
- Mass. Bench Makeover Leaves Attys 'Looking For An Edge', Law360 (October 27, 2023)
- Riding The Circuit: Mass. Attys Bemoan Judicial Rotations, Law360 (August 2, 2023)
Media
Recognitions
- Adams Pro Bono Publico Award, Massachusetts Supreme Judicial Court Standing Committee on Pro Bono Legal Services
- Boston University School of Law Public Interest Project Alumni Award
- Massachusetts Lawyers Weekly, Top Women of Law
- Massachusetts Lawyers Weekly, Up and Coming Lawyers
- Massachusetts Super Lawyers Rising Star (2007-2016)
- National Law Journal, Boston Rising Stars - 40 Under 40
Professional Activities
- Federal Bar Association, Massachusetts Chapter
- Boston Bar Association
- Law360, Massachusetts Editorial Board, Editorial Advisory Board (2022-present)
Community
- Northwestern University Leadership Circle, Boston Regional Council
- Past Board Chair
- Medical Legal Partnership | Boston (formerly Medical-Legal Partnership Boston)
- Chairperson, Advisory Board of Directors
- Foundation for Belmont Education
- Past President Board of Directors
- Hosteling International USA, Eastern New England Council
- Past President of the Board of Directors
- Belmont Soccer Association, Volunteer Coach
- New England Futbol Club (NEFC), Volunteer Team Manager
Melissa is an experienced litigator who represents clients in a wide variety of health, science and technology sectors, including agribusiness, consumer products, life sciences, pharmaceutical and medical devices. She handles cases involving product liability, complex commercial litigation, and intellectual property. In addition to litigation matters, she has represented clients in International Trade Commission investigations, state... administrative agencies, mediation and arbitration.
Melissa is dedicated to meeting client goals, whether it can be achieved through litigation, negotiated resolution or a strategic combination of both. She has negotiated a variety of business and employment agreements and intellectual property licenses. She frequently works with international clients, managing cross-cultural communications and navigating applicable regulatory frameworks. She has worked with clients from Japan, Germany, Taiwan, the Netherlands, the United Kingdom and France.
Melissa is savvy in seeking out practical solutions, and her extraordinary drive and determination led a federal court to describe her efforts to admit a critical piece of evidence despite fierce opposition as “Herculean.” She is a versatile practitioner who excels at leading teams in fact development, case strategy and trial execution.
Melissa also serves as the Chairperson of MLPB’s (formerly Medical Legal Partnership | Boston) Advisory Board and has provided pro bono services for MLPB for more than 20 years. As an alumna, she is actively involved with Northwestern University, having served on its Leadership Circle for the Boston region and worked with the NU for Life program, which is dedicated to the professional development of student athletes. She was a member of the Northwestern women’s swimming and diving team, where she was an All-American, Academic All-American, and Academic All-Big Ten. She is also a member of the Baylor School Athletic Hall of Fame.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Previous Professional Experience
- Partner and Senior Counsel, Kansas City-based large firm (2019–2024)
- Counsel, Philadelphia-based mid size firm (2017-2019)
- Partner and Associate, Chicago-based large firm (2002-2016)
Representative Matters
- Lead coordinating counsel and jurisdictional expert for product liability cases against agrochemical company filed in Massachusetts state and federal courts. Responsible for all decisions related to initial strategy and fact witness discovery. Responsible for coordinating in a virtual law firm setting to ensure any jurisdiction specific issues are addressed. Recently secured decision of first impression related to federal preemption of Massachusetts common law claims.
- Served as coordinating counsel and jurisdictional expert to defend major tobacco company in over 70 smoking and health cases in Massachusetts state courts. Claims included breach of warranty for design defect and failure to warn, wrongful death, conspiracy, fraud, negligence and violation of Chapter 93A.
- Defended medical device company facing product liability claims in the United States District Court for the District of Massachusetts. Secured significant case dispositive opinions resulting in favorable resolution of cases.
- Defended major university in class action filed against its medical school related to practices of the anatomical gift program. Following removal of the case to federal court under the Class Action Fairness Act, secured dismissal of entire action based on a novel application of the immunity provision contained in the Massachusetts Anatomical Gift Act. Dismissal upheld by the First Circuit.
- Defended Japanese medical device manufacturer and its American distributor against patent infringement claims related to osteoarthritis treatment. Responsible for expert reports concerning damages, physician practices related to the device and FDA regulatory procedures. Obtained complete defense verdict, with jury finding that client’s product did not infringe and the patent was invalid.
- Defended Taiwanese smartphone manufacturer in International Trade Commission investigation involving 23 distinct smartphone and tablet products with nine asserted patents. Responsible for leading the offensive and defensive discovery efforts and interacting with client’s in-house counsel and technical representatives. Defended depositions of Taiwanese company representatives concerning the technical nuances related to a patent concerning email servers. The administrative law court that tried the case characterized it as one of the most complicated patent cases it had ever seen. The investigation was resolved as part of a global settlement.
- Defended major rideshare company against discrimination allegations in Massachusetts Commission Against Discrimination proceedings. Successfully resolved the matters through mediation.
Publications
- Mass. Bar Split As Pre-Pandemic 12-Person Juries Return, Law360 (January 12, 2024)
- Mass. Bench Makeover Leaves Attys 'Looking For An Edge', Law360 (October 27, 2023)
- Riding The Circuit: Mass. Attys Bemoan Judicial Rotations, Law360 (August 2, 2023)
Education
-
Boston University School of Law,
JD,
cum laude
(2002)
- Boston University Public Interest Law Journal, Articles Editor
- Edward F. Hennessey Scholar (top 25% of graduating class)
- Harvard University Extension School, Master of Liberal Arts Management (2014)
- Northwestern University, BA, History and Secondary Education
Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals for the First Circuit
- U.S. Supreme Court
Practice Areas
- Litigation
- Products Liability
- Commercial Litigation & Business Torts
- Products Liability - Pharmaceuticals & Medical Devices
Industries
- Adams Pro Bono Publico Award, Massachusetts Supreme Judicial Court Standing Committee on Pro Bono Legal Services
- Boston University School of Law Public Interest Project Alumni Award
- Massachusetts Lawyers Weekly, Top Women of Law
- Massachusetts Lawyers Weekly, Up and Coming Lawyers
- Massachusetts Super Lawyers Rising Star (2007-2016)
- National Law Journal, Boston Rising Stars - 40 Under 40
- Federal Bar Association, Massachusetts Chapter
- Boston Bar Association
- Law360, Massachusetts Editorial Board, Editorial Advisory Board (2022-present)
- Northwestern University Leadership Circle, Boston Regional Council
- Past Board Chair
- Medical Legal Partnership | Boston (formerly Medical-Legal Partnership Boston)
- Chairperson, Advisory Board of Directors
- Foundation for Belmont Education
- Past President Board of Directors
- Hosteling International USA, Eastern New England Council
- Past President of the Board of Directors
- Belmont Soccer Association, Volunteer Coach
- New England Futbol Club (NEFC), Volunteer Team Manager
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