Andrew Davis has extensive experience litigating and advising on high-stakes and nationally recognized matters. He has served as lead counsel in over 20 cases in state and federal courts, including the U.S. Court of Appeals for the Fifth Circuit and the Texas Supreme Court, has counseled trial teams, and has tried a bench-trial to verdict.
Before joining Lehotsky Keller Cohn LLP, Mr. Davis most recently served as Chief Counsel to Senator Ted Cruz on the Senate Judiciary Committee. In that capacity, Mr. Davis advised the Senator on many of the most important and difficult legal and public policy issues in the country, including the limits on Congressional, Presidential, and agency authority. He also worked closely with outside counsel to lead amicus curiae briefs before the Supreme Court of the United States and advised the Senator on judicial selection.
Prior to serving Senator Cruz, Mr. Davis served as an Assistant Solicitor General in the Office of the Attorney General of Texas. As an Assistant Solicitor General, Mr. Davis both defended Texas and its agencies in appeals across the state and challenged local ordinances that harmed Texas businesses. For example, he successfully defended Texas's redistricting plan at the Supreme Court of the United States, and persuaded an Austin-based appellate court that an Austin ordinance was preempted by the Texas Minimum Wage Act.
Mr. Davis previously practiced law as a trial and appellate litigator at Gibson, Dunn & Crutcher LLP in Washington D.C., where he represented clients across different industry sectors.
After graduating from Columbia Law School, Mr. Davis served as a judicial clerk for Judge Reena Raggi of the U.S. Court of Appeals for the Second Circuit and Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas. Before law school, Mr. Davis was a strategy business consultant with Accenture, where he advised power utility companies.
Court Admissions
Texas Bar
Supreme Court of the United States
United States Court of Appeals for the Fifth Circuit
Representative Experience
Successfully represented a Texas Supreme Court Justice in defeating an emergency mandamus petition about ballot access. In re Walker, 2024 WL 124291 (Tex. Jan. 11, 2024) (per curiam).
Successfully defended Texas congressional and state legislative redistricting plans against claims under the Constitution and the Voting Rights Act. Abbott v. Perez, 138 S. Ct. 2305 (2018).
Successfully represented Texas in an original action in the Supreme Court in which Texas alleged that New Mexico violated the Rio Grande Compact. Texas v. New Mexico, 138 S. Ct. 954 (2018).
Successfully represented Texas in an action challenging Austin's paid-sick-leave ordinance as preempted by state law. Texas Association of Business v. City of Austin, 656 S.W. 3d 425 (Tex. App.—Austin, 2018).
Successfully represented Texas in an action challenging an Austin ordinance regulating short-term rental properties as unconstitutionally retroactive. Zaatari v. City of Austin, 615 S.W.3d 172 (Tex. App.—Austin, 2019).
Successfully defended the University of Houston in the state court of appeals against a claim that a copyright violation constituted an unlawful taking of private property. University of Houston System v. Jim Olive Photography, 580 S.W.3d 360 (Tex. App.—Houston [1st Dist.] 2019), aff'd, 624 S.W.3d 764 (Tex. 2021).
Obtained vacatur of lower court judgment on jurisdictional grounds in a First Amendment action against Governor Abbott. Freedom From Religion Foundation v. Abbott, 955 F. 3d 417(5th Cir. 2020).
Successfully represented Texas as amicus curiae in a challenge to Texas's red-light camera laws. Garcia v. City of Willis, 593 S.W.3d 201 (Tex. 2019) ("[T]he State of Texas, appearing as amicus curiae, urges a third approach. . . . [W]e agree with the state.").
Defended large international automotive company in high-profile federal Multi-District Litigation where putative class members alleged RICO violations, state fraud claims, and consumer protection claims related to emissions.
Defended Fortune 10 company in a putative class action in federal court in which plaintiffs alleged workplace discrimination and harassment.
Represented New York-based hedge fund in an Administrative Procedure Act suit alleging that the Fair Housing Finance Agency exceeded its statutory authority.
Defended federal government contractor against breach of contract and constructive fraud claims in state court, including through a multi-week bench trial.
Represented large energy company in the Fifth Circuit regarding interpretation of settlement agreement.
Education
J.D., Columbia Law School, 2012
James Kent Scholar (2010-11, 2011-12)
Harlan Fiske Stone Scholar (2009-10)
Executive Editor, Columbia Journal of Law and Social Problems
B.A., Mathematical Economic Analysis, Rice University, 2008, Departmental Honors