Bryan J. Davis

Bryan Davis is a native of Atlanta, Georgia. He relocated to New Mexico in 1996 and earned his B.A. in History, summa cum laude, and J.D., cum laude, from the University of New Mexico.

Bryan has achieved the highest rating for ethical and legal abilities, AV, by Martindale-Hubbell, based on peer, judge, and client reviews. Bryan has a broad range of experience in many types of litigation ranging from defense of large corporations in antitrust, product liability and wrongful death cases to prosecuting personal injury, business, patent infringement and civil rights cases for plaintiffs.

Bryan dedicates much of his time to healthcare litigation. He has represented numerous hospitals, nursing homes, assisted living facilities, health plans, payors, Medicaid waiver program providers and third-party administrators, in complex defamation, fraud, RICO, antitrust, False Claims Act, New Mexico Medicaid Fraud Act, ERISA, negligent credentialing, and unfair trade practice cases for the past decade. Practice highlights in the healthcare arena include defending providers in False Claims Act investigations by the Department of Justice and whistleblower litigation, obtaining dismissal of a putative $82 million antitrust claim brought by a physician against a hospital for malicious peer review (Singh v. LifePoint Hospitals, Inc., 536 F. Supp 2d 1234 (D.N.M. 2008)), obtaining summary judgment for a hospital against Unfair Practices Act, fraud, and breach of contract claims challenging the manner in which a hospital set charges for emergency department services rendered to the uninsured, and most recently obtaining dismissal of a putative $17,000,000 Medicaid Fraud Act claim brought by the New Mexico Attorney General Medicaid Fraud Unit against a provider of in-home assisted care services to Medicaid beneficiaries.

Bryan focuses much of his healthcare litigation practice on investigating and prosecuting qui tam and retaliation cases for whistleblowers who expose fraud on the government under the federal False Claims Act, New Mexico Fraud Against Taxpayers Act, and New Mexico Whistleblower Protection Act.

Bryan has also represented authors, publishers, movie producers, and others in First Amendment litigation, including defamation, misappropriation of likeness, and invasion of privacy claims involving novel issues of Internet defamation immunity under the federal Communications Decency Act and anti-spam claims.

Prior to founding Davis & Gilchrist, P.C., Bryan practiced with Rodey, Dickason, Sloan, Akin, & Robb, P.A. and Bannerman & Williams, P.A., in Albuquerque, and Alston & Bird LLP in Atlanta, Georgia. While in law school, Bryan served as Editor-in-Chief of the New Mexico Law Review and interned with the Honorable John E. Conway, then Chief Judge for the United States District Court, District of New Mexico.

Bryan is married with three kids. In his spare time he is the singer/guitarist for the alt-garage-emo-rock band Stereogeist.