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Lisa A. Davis
Senior Counsel
Antitrust and Competition
Palo Alto
ldavis@wsgr.com

D650-320-4526

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Lisa Davis is senior counsel in the Palo Alto office of Wilson Sonsini Goodrich & Rosati, where she is a member of the antitrust practice and focuses on antitrust litigation and counseling. 

Lisa has more than two decades of experience representing clients in litigation under the Sherman Act and California competition law, as well as responding to civil and criminal investigations conducted by the Department of Justice, the Federal Trade Commission, and various state attorneys general. She also has extensive experience advising clients on pricing and distribution issues, including the Robinson-Patman Act, and, more generally, on in-house procedures for ensuring compliance with antitrust laws. Her clients run the gamut from early-stage start-ups to large multinational corporations and span the technology, pharmaceutical, medical devices, and consumer products industries. 

Lisa is an annual contributing author of the chapter on antitrust law in The Complete Compliance and Ethics Manual, now in its fifth edition.  

Experience

Lisa Davis is senior counsel in the Palo Alto office of Wilson Sonsini Goodrich & Rosati, where she is a member of the antitrust practice and focuses on antitrust litigation and counseling. 

Lisa has more than two decades of experience representing clients in litigation under the Sherman Act and California competition law, as well as responding to civil and criminal investigations conducted by the Department of Justice, the Federal Trade Commission, and various state attorneys general. She also has extensive experience advising clients on pricing and distribution issues, including the Robinson-Patman Act, and, more generally, on in-house procedures for ensuring compliance with antitrust laws. Her clients run the gamut from early-stage start-ups to large multinational corporations and span the technology, pharmaceutical, medical devices, and consumer products industries. 

Lisa is an annual contributing author of the chapter on antitrust law in The Complete Compliance and Ethics Manual, now in its fifth edition.  

Education
  • J.D., Harvard Law School, 1995Cum Laude
  • Ph.D., Harvard University, 1991
  • M.A., Indiana University, Bloomington, 1986
  • A.B., Humanities, Stanford University, 1984With Distinction, Phi Beta Kappa
Associations and Memberships
  • Member, American Bar Association
Admissions
  • State Bar of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
Credentials
Education
  • J.D., Harvard Law School, 1995Cum Laude
  • Ph.D., Harvard University, 1991
  • M.A., Indiana University, Bloomington, 1986
  • A.B., Humanities, Stanford University, 1984With Distinction, Phi Beta Kappa
Associations and Memberships
  • Member, American Bar Association
Admissions
  • State Bar of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit

Select Matters

  • In re Generic Pharmaceuticals Pricing Antitrust Litigation: Counsel for defendant manufacturer in one of the largest price-fixing and market allocation multidistrict litigations in the U.S. 
  • In re Photochromic Lens Antitrust Litigation: Counsel for defendant manufacturer facing monopolization claims following FTC consent order. Settled after defeating class certification claims of direct and indirect purchasers. 
  • NSS Labs Inc. v. Crowdstrike Inc. et al., in the U.S. District Court for the Northern District of California: Counsel for cybersecurity vendor in an antitrust action against a standards development group and some of its members. Plaintiff dismissed the case rather than defending its amended complaint from a motion to dismiss.
Matters

Select Matters

  • In re Generic Pharmaceuticals Pricing Antitrust Litigation: Counsel for defendant manufacturer in one of the largest price-fixing and market allocation multidistrict litigations in the U.S. 
  • In re Photochromic Lens Antitrust Litigation: Counsel for defendant manufacturer facing monopolization claims following FTC consent order. Settled after defeating class certification claims of direct and indirect purchasers. 
  • NSS Labs Inc. v. Crowdstrike Inc. et al., in the U.S. District Court for the Northern District of California: Counsel for cybersecurity vendor in an antitrust action against a standards development group and some of its members. Plaintiff dismissed the case rather than defending its amended complaint from a motion to dismiss.

Select Publications

  • Co-author with Joseph Coniglio, "Federal Antitrust Law Risks," The Complete Compliance and Ethics Manual, Third Edition, Society of Corporate Compliance and Ethics, 2018
  • Co-author with Stefanie Kim, "Federal Antitrust Law Risks," The Complete Compliance and Ethics Manual, Second Edition, Society of Corporate Compliance and Ethics, 2017
  • Co-author with Jonathan Jacobson, "Horizontal Restraints in 2006: A Trend Towards Clarity From the Courts?" Antitrust Report, Issue 1, 2006
Insights

Select Publications

  • Co-author with Joseph Coniglio, "Federal Antitrust Law Risks," The Complete Compliance and Ethics Manual, Third Edition, Society of Corporate Compliance and Ethics, 2018
  • Co-author with Stefanie Kim, "Federal Antitrust Law Risks," The Complete Compliance and Ethics Manual, Second Edition, Society of Corporate Compliance and Ethics, 2017
  • Co-author with Jonathan Jacobson, "Horizontal Restraints in 2006: A Trend Towards Clarity From the Courts?" Antitrust Report, Issue 1, 2006
Focus Areas
  • Antitrust Civil Enforcement
  • Antitrust Compliance and Business Strategy
  • Antitrust Litigation
  • Antitrust and Competition
Recent Insights
Alerts
Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense
On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government enforcement action under the Robinson-Patman Act (RPA) in nearly 25 years.1 Much ink was spilled across statements issued by FTC Commissioners Alvaro Bedoya, Andrew Ferguson, and Melissa Holyoak about the history of the enactment and enforcement of the RPA and various statutory interpretation arguments. That commentary is certainly interesting reading to better understand dueling views on the origin and purpose of the RPA, but the key takeaways for suppliers and retailers assessing legal risk under the RPA are: the RPA remains good law, the FTC has delivered on its promise to revive enforcement, and the incoming Chair for the Trump Administration—Commissioner Ferguson—is open to future RPA enforcement, particularly when the favored buyer has market power.
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Client Highlights
D.C. Circuit Grants NRDC Petition for Review Supported by Wilson Sonsini Amicus Brief
On May 9, 2023, the U.S. Court of Appeals for the D.C. Circuit held that the Environmental Protection Agency’s (EPA’s) decision not to regulate perchlorate in drinking water violated the Safe Drinking Water Act (NRDC v. Michael Regan, et al., USCA Case #20-1335). When perchlorate is ingested through drinking water, it can disrupt thyroid hormone production, leading to neurodevelopmental issues, particularly in fetuses and young children. Due to these risks, in 2011 the EPA issued a final determination to regulate perchlorate in drinking water nationally. However, the EPA never promulgated such regulations and withdrew its own determination that it should regulate perchlorate. The National Resources Defense Council (NRDC) petitioned for review, arguing that the EPA lacked the authority to withdraw that determination under the Safe Drinking Water Act.
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