Marcia Davenport is a Partner in the Helena Litigation Department. She has been in private practice since 1989 and joined the firm in 1998. Her principal areas of practice include employment law, insurance coverage, bad faith litigation, product liability, medical malpractice defense, commercial litigation, and professional licensing.

Practice Areas

    • Business Organizations
    • Litigation
    • Commercial Litigation
    • Healthcare
    • Healthcare Labor and Employment
    • Healthcare Litigation
    • Intellectual Property & Technology
    • Intellectual Property & Technology – Litigation
    • Litigation
    • Labor & Employment
    • Advice and representation in employment litigation, including wrongful discharge and discrimination matters
    • Employee discipline and termination advice
    • Employee screening, hiring practices and policies
    • Employment contract review and drafting
    • Employment policy development, including handbook drafting and review
    • Family and Medical Leave Act compliance
    • Independent contractor / employee classification
    • Non-compete and non-disclosure agreements
    • Separation agreements
    • Wage and hour compliance
    • Workplace safety / OSHA
    • Tort Litigation
    • Common law bad faith
    • Coverage decisions
    • Medical Malpractice Defense
    • Negligence
    • Personal Injury
    • Product Liability Defense
    • Products Liability
    • Professional negligence, including medical malpractice
    • Unfair Trade Practices Act

Bar Admission

Montana, 1989
U.S. District Court, District of Montana, 1989
U.S. Court of Appeals for the Ninth Circuit, 1996
U.S. Supreme Court, 1996


1989 – J.D. with Honors, University of Montana
School of Law
1983 – B.S. with Honors, Montana State University

Honors & Awards

Best Lawyers in America for Employment Law – Management (2018-2022)
Best Lawyers’ “Lawyer of the Year” – Employment Law – Management (2021)
Chambers USA – Leader Lawyers in Labor & Employment (2013-2018)

Professional Affiliations

American Bar Association Standing Committee on the Federal Judiciary (2017-2020)
Clinical Board of Visitors (2016-present)
Lawyers’ Fund for Client Protection (1989-present) (Chairperson from 2007-2012)
Montana Defense Trial Lawyers Association
Defense Research Institute
Litigation Counsel of America (by invitation)
First Judicial District Bar Association

Presentations & Publications

Avoiding and Defending Employment Claims Presentation
Avoiding and Defending Employment Claims Outline