Kearns Davis
- Greensboro
- Raleigh
- t: 336.271.3174
- t: 919.839.0300
- f: 336.378.1001
- kdavis@brookspierce.com
Overview
Kearns Davis is an acclaimed courtroom advocate, a veteran of both high-profile cases and sensitive matters resolved confidentially. A former federal prosecutor and a Fellow of the American College of Trial Lawyers, he has tried jury cases at all levels of federal and North Carolina trial courts, and he represents clients in U.S. trial and appellate courts across the country. His clients have included public companies, private businesses, elected officials of both major parties, Hall of Fame athletes, Division I coaches, corporate executives, and professionals including doctors, accountants, professors, and numerous lawyers and law firms. He served as president of the North Carolina Bar Association in 2016-17.
My Practices
Kearns founded the firm's white-collar defense and investigations practice in 2007. Among his most notable cases, Kearns represented a Division I coach in Operation Varsity Blues, the nationwide college-admissions investigation, obtaining for his client the government's only agreement in those cases to dismiss all charges against a defendant. He successfully defended a former member of Congress against bribery and false statement charges. He won not guilty verdicts on all counts for a business owner indicted for mail fraud, money laundering, theft of government property, and obstruction. And he persuaded authorities to dismiss without publicity a false accusation against a Hall of Fame professional athlete.
Among other honors and awards, Kearns is listed in North Carolina Super Lawyers Top 10 attorneys across all practice areas (Thomson Reuters, 2016-2023), The Best Lawyers in America© in White-Collar Criminal Defense (2010-2023), and Chambers USA: America's Leading Lawyers for Business in White-Collar Crime and Government Investigations (Band 1) (2012-22). Best Lawyers has repeatedly named him "Lawyer of the Year" for Greensboro in White-Collar Criminal Defense (2013, 2016, 2018 & 2020), and his peers elected him in 2020 to permanent membership in Business North Carolina’s “Legal Elite Hall of Fame” for Criminal Defense (2020). Benchmark Litigation has recognized him as a "Litigation Star" for North Carolina in White-Collar Crime each year since 2015. In 2024, the North Carolina Bar Association Criminal Justice Section honored Kearns with the Wade M. Smith Award, which it presents to just one criminal defense lawyer each year.
"[Kearns Davis] is a wonderfully disciplined trial lawyer and is extremely methodical in his approach. He is an extremely bright person with good instincts."
- Chambers USA: America's Leading Lawyers for BusinessThe investigation phase is when companies and individuals have the greatest opportunity to shape the course of a matter, develop the facts and issues, and pursue an outcome that protects a client's interests and reputation. Kearns regularly represents businesses and professionals in government and criminal investigations related to health care, real estate, tax evasion, environmental issues, bank fraud, Paycheck Protection Program (PPP) fraud, public corruption, insider trading and securities, money laundering, mail fraud, wire fraud, false statements, immigration, federal benefits, computer crimes, embezzlement, false pretenses, identity theft, conspiracy, professional licensing, and other matters. He also conducts internal investigations on behalf of business, higher education, and other organizations.
Among other honors and awards, Kearns is listed in North Carolina Super Lawyers Top 10 attorneys across all practice areas (Thomson Reuters, 2016-2023), The Best Lawyers in America© in White-Collar Criminal Defense (2010-2023), and Chambers USA: America's Leading Lawyers for Business in White-Collar Crime and Government Investigations (Band 1) (2012-22). Best Lawyers has repeatedly named him "Lawyer of the Year" for Greensboro in White-Collar Criminal Defense (2013, 2016, 2018 & 2020), and his peers elected him in 2020 to permanent membership in Business North Carolina’s “Legal Elite Hall of Fame” for Criminal Defense. Benchmark Litigation has recognized him as a "Litigation Star" for North Carolina in White-Collar Crime each year since 2015.
"[Kearns Davis] is the ultimate professional. His vast experience combined with his ability to dissect even the most complicated situations into understandable real world language is invaluable." - Best Lawyers®
Kearns has deep, broad experience in federal litigation and federal courts. He began his legal career as a law clerk to Chief Judge Sam J. Ervin, III of the United States Court of Appeals for the Fourth Circuit, later served as an Assistant United States Attorney for the Middle District of North Carolina, and in private practice handles cases in federal courts across North Carolina and the United States. In an era when federal trials are increasingly rare, fewer attorneys have the courtroom experience that can make the difference in successful litigation or negotiation of a federal case. Kearns is the rare lawyer whose federal trial experience not only is extensive, but includes both civil and criminal jury trials. He also has handled dozens of appeals in the U.S. Courts of Appeals for the 2nd, 4th, and 9th Circuits.
Kearns repeatedly has been named among the North Carolina Super Lawyers (Thomson Reuters) "Top 10" attorneys across all practice areas (2016-2023), and selected by his peers for inclusion in The Best Lawyers in America© in Bet-the-Company Litigation and Commercial Litigation (2010-2023). He was recognized by The Best Lawyers in America© as its 2015 “Lawyer of the Year” for Greensboro in Bet-the-Company Litigation.
"[Kearns Davis] is a remarkable and very capable lawyer with a stellar statewide reputation." - Chambers USA: America's Leading Lawyers for Business
Businesses, their leaders, and their lawyers look to Kearns to represent them when the stakes are high. He has represented publicly traded corporations, privately held companies, financial institutions, small businesses, healthcare entities, municipalities, educational institutions, individuals, and the United States government in a myriad of matters including fraud, qui tam/whistleblower litigation, class-action defense, unfair trade practices, antitrust, shareholder disputes, breach of contract, environmental, real estate, construction, labor and employment, tax, intellectual property, transportation, and consumer protection. He regularly appears in business cases in federal courts, the North Carolina Business Court, other state courts, and arbitration proceedings.
Kearns repeatedly has been named among the North Carolina Super Lawyers (Thomson Reuters) "Top 10" attorneys across all practice areas (2016-2023), and selected by his peers for inclusion in The Best Lawyers in America© in Bet-the-Company Litigation and Commercial Litigation (2010-2023). He was recognized by The Best Lawyers in America© as its 2015 "Lawyer of the Year" for Greensboro in Bet-the-Company Litigation.
"Kearns is absolutely fantastic. He is a zealous advocate for his clients and a true professional." - Chambers USA: America's Leading Lawyers for Business
Experience
- Won jury verdict against U.S. Department of Justice in federal trial of business owner for mail fraud, obstruction of justice, theft of government property, and money laundering.
- Won summary judgment for international construction company in $100 million False Claims Act case.
- Defended Division I coach in the highly-publicized Varsity Blues college-admissions case. Negotiated agreement by the Department of Justice to dismiss all charges against client, the only defendant to achieve such a result.
- Successfully represented a former member of the United States Congress against federal charges of bribery, conspiracy, and false statements.
- Secured vacation of felony judgment against our client in United States Supreme Court (and ultimately dismissal of charge by lower court).
- Brought into case by company's regular attorney for final arbitration hearing on construction claims of over $400,000 by former NFL player and spouse, threatening a builder's reputation. After five-day hearing, arbitrator ruled for our client on more than 90% of opponent's claims.
- Defended fire chief against felony charges of falsifying fire incident reports, based on investigation by North Carolina Insurance Commissioner. Negotiated agreement by District Attorney to dismiss all charges.
- Successfully defended hospital system CEO against antitrust class action.
- Obtained dismissal of federal charges against company employee charged with immigration-related offenses.
- Represented a senior corporate executive charged in North Carolina state court with multiple felonies, including extortion and obtaining property by false pretenses. Secured dismissal of the criminal charges and permanent expungement of the records of client’s arrest.
Credentials
Clerkships
Law Clerk to Chief Judge Sam J. Ervin, III, United States Court of Appeals, 4th Circuit, 1995-96
Honors & Recognitions
Fellow, American College of Trial Lawyers
Wade M. Smith Award, North Carolina Bar Association's (NCBA) Criminal Justice Section (2024)
Repeatedly recognized among "Top 10" attorneys across all practice areas by North Carolina Super Lawyers (Thomson Reuters) (2016-2024)
Annually selected by his peers for inclusion in The Best Lawyers in America© in White-Collar Criminal Defense (Triad "Lawyer of the Year" 2013, 2016, 2018, 2020, 2025), Bet-the-Company Litigation (Triad "Lawyer of the Year" 2015), and Commercial Litigation (2010-2025)
Recognized by Chambers USA: America's Leading Lawyers for Business for Litigation: White-Collar Crime and Government Investigations (Band 1) (2012-2024)
Elected by North Carolina lawyers for inclusion in Business North Carolina's “Legal Elite“ in Litigation (2024), and to permanent inclusion in Business North Carolina’s “Legal Elite” Hall of Fame for Criminal Law (2020)
Recognized by Benchmark Litigation as a “Litigation Star” for North Carolina in White Collar Crime/Enforcements/Investigations (2015-2023)
Permanent Member, Fourth Circuit Judicial Conference
Distinguished Service Award, Greensboro Bar Association (2020)
"Robinson O. Everett Professionalism Award," North Carolina Bar Association (2010)
Education
University of North Carolina School of Law, J.D., 1995, with honors; Managing Editor, North Carolina Law Review, 1994-95
Duke University, M.A., 1994
Davidson College, B.A., with honors in History, 1991
Admissions
North Carolina
U.S. Supreme Court
U.S. Tax Court
U.S. Court of Appeals for the 2nd, 4th, and 9th Circuits
U.S. District Court for the Western District of New York
U.S. District Court for the Western, Middle, and Eastern Districts of North Carolina
Newsroom
News
Speaking Engagements
Professional & Civic
Professional & Civic Activities
President, North Carolina Bar Association (2016-17)
State Committee, American College of Trial Lawyers (2020-present)
President, Federal Bar Association, Middle District of North Carolina Chapter (2010-11)
Adjunct Law Professor/Lecturer in Trial Advocacy, University of North Carolina School of Law (2009-15, 2018-present)
Adjunct Law Professor, Trial Advocacy, Elon University School of Law (2008)
Trial Advocacy Instructor, U.S. Department of Justice National Advocacy Center (2007)
Faculty, National Institute for Trial Advocacy Southeast Regional (2006 & 2007)
Member, North Carolina Commission on the Administration of Law & Justice (2015-17)
North Carolina Equal Access to Justice Commission (2014-15)
Magistrate Judge Merit Selection Panel, U.S. District Court for the Middle District of North Carolina (2011)
Criminal Justice Act Appellate Panel Committee, U.S. Court of Appeals for the Fourth Circuit (2008-2014)
Criminal Justice Act Panel, U.S. Court of Appeals for the Fourth Circuit (2007-present)
Criminal Justice Act Panel, Middle District of North Carolina (1997-2003, 2007-present)
Chair, North Carolina Bar Association Criminal Justice Section (2007-08)
Chair, North Carolina Bar Association Young Lawyers Division (2004-05)
Board of Directors, Legal Aid of North Carolina (2017-18)
Pro Bono Representation Program, U.S. District Court for the Middle District of North Carolina (2008-present)
Vice Chair, Board of Directors, Peacehaven Community Farm (2023-present)
Member, North Carolina Faith and Justice Alliance Steering Committee (2020-21)
Board of Directors, Greensboro Police Foundation (2014-2022)
Board of Directors, Greensboro Sports Council (2013-16)
Development Committee, Community Foundation of Greater Greensboro (2019-present)
Co-Director, Rotary Youth Leadership Program (2007)
Board of Directors, University of North Carolina School of Law Alumni Association (2000-06, 2020-present)
Board of Directors, Davidson College Alumni Association (2007-2010)
Board of Directors, National Association of Assistant United States Attorneys (2006-07)
Chair, Greensboro Bar Association Pro Bono Committee (2000-01)
Founding Chair, Greensboro Bar Association Young Lawyers Section Domestic Violence Project (1999-2001)
Secretary, Rest Haven Summer Sunday School, Pamlico River, Beaufort County, NC (2010-22)
Finance Board & Deacon, Grace Community Church (2004-06)