Peter Davis represents a full spectrum of clients in high-stakes appellate litigation across the country.

Mr. Davis’ practice encompasses a broad range of civil matters, primarily focused in appellate courts. He has drafted briefs in the First, Second, Third, Fourth, Seventh, Eighth, and Ninth Circuits. He also has considerable experience in state courts, representing clients in the California, New York, Georgia, Indiana, Louisiana, and Missouri appellate courts. His cases span a range of subject areas, including:

  • Antitrust
  • Securities
  • Environment
  • Class Action procedure
  • Tax

He has particular experience representing clients in government enforcement cases, including matters raising complex constitutional issues. He has argued appeals before the California Court of Appeal and the New York Appellate Division.

Mr. Davis coordinates national appellate strategy for Netflix in a set of class action cases brought by local governments seeking to impose a 5% cable franchise fee on Netflix’s streaming service. His work has contributed to nine appellate victories within the past three years, including a recent win in a case he argued before the California Court of Appeal.

Mr. Davis helps clients pursue opportunities for early appellate review, including by interlocutory appeal or extraordinary writ. He has successfully represented clients petitioning for interlocutory review in both federal and state appellate courts, and successfully obtained a writ of mandamus from a state appellate court. He also works with clients to develop arguments and manage trial court proceedings.

Before joining Latham, Mr. Davis served as a law clerk to Justice Elena Kagan of the Supreme Court of the United States, Chief Judge Sri Srinivasan of the US Court of Appeals for the Washington, D.C. Circuit, and Chief Judge James E. Boasberg of the US District Court for the District of Columbia.

Mr. Davis graduated from Stanford Law School, where he participated in the Supreme Court Litigation Clinic.

Mr. Davis maintains an active pro bono practice, focused on civil rights and criminal justice.

Select Appellate Experience

Mr. Davis has successfully represented Netflix in securing dismissal of cases seeking to impose cable franchise fees:

  • City of Lancaster v. Netflix, Inc., --- Cal. Rptr. 3d ----, 2024 WL 725166 (Cal. App. Feb. 22, 2024) (argued)
  • In re Disney DTC, Hulu LLC, Netflix, Inc., No. 05-23-00485-CV, 2024 WL 358117 (Tex. App.-Dallas Jan. 31, 2024) (writ of mandamus granted)
  • City of E. St. Louis v. Netflix, Inc., 83 F. 4th 1066 (7th Cir. 2023) 
  • City of Kenner v. Netflix, Inc., 366 So. 3d 642 (La. Ct. App. 2023)
  • Gwinnett County v. Netflix, Inc., 885 S.E.2d 177 (Ga. Ct. App. 2023)
  • City of Ashdown v. Netflix, Inc., 52 F.4th 1025 (8th Cir. 2022)
  • City of Reno v. Netflix, Inc., 52 F.4th 874 (9th Cir. 2022)

Other experience includes:

  • American Airlines Group Inc. v. United States, No. 23-1802 (1st Cir.) (Sherman Act claim against airline joint venture) (briefing ongoing)
  • Starbucks, Inc. v. McKinney, No 23-367 (U.S. Supreme Court) (cert-stage and merits amicus brief for U.S. Chamber of Commerce et al.)
  • Nat’l Assoc. of Wheat Growers v. Bonta, 85 F.4th 1263 (9th Cir. 2023) (affirming injunction holding that California Prop 65 warning for glyphosate violated First Amendment)
  • IAM Nat’l Pension Fund v. Farfetch Ltd., 2023 WL 2879304 (2d Cir. Apr. 11, 2023) (affirming dismissal of securities class action complaint)

Bar Qualification

  • California
  • District of Columbia

Education

  • JD, Stanford Law School, 2017
    Urban A. Sontheimer Third-Year Honor
  • BA in International Relations & International Security Studies, Stanford University, 2011
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October 20, 2023 Recognition

Litigator of the Week Runners-Up and Shout Outs

Latham litigators recognized for a Seventh Circuit win for Netflix upholding a win for streaming services finding that East St. Louis, Illinois, can’t force them to pay franchise fees imposed on cable companies.