Category: News - Page 14

From subprime lenders to opioids and talc-containing products, the Mississippi Attorney General’s Office (MSAGO) aggressively pursues the enforcement of consumer protection laws for all products sold in Mississippi. If your company sells or plans to sell products in Mississippi, knowledge of the Mississippi Consumer Protection Act (MCPA) is critical.

At its core, the MCPA prohibits the use of “[u]nfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce.” See Miss. Code Ann. § 75-24-5(1). “Trade” and “commerce” are broadly defined as “the advertising, offering for sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated […] and any trade or commerce directly or indirectly affecting the people of this state.” See Miss. Code Ann. § 75-24-3. Because of the expansive scope of the MCPA, corporations exposed to an investigation of or potential action by the MSAGO should proactively assess and address such risk.

The Consumer Protection Division of the MSAGO was created to administer the MCPA and is “authorized and empowered” to enforce the act whenever “[t]he Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice prohibited by § 75-24-5[.]” See Miss. Code Ann. §§ 75-24-1, 75-24-9. Enforcement of the MCPA typically involves an action in the name of the state to restrain or prevent such violation of the act “by temporary or permanent injunction” and “assurance of voluntary compliance” between the MSAGO and the alleged offender. See Miss. Code Ann. §§ 75-24-9, 75-24-27. Penalties for violating an injunction issued under the MCPA, or for knowingly or willfully violating the MCPA, are up to $10,000 per violation. See Miss. Code Ann. § 75-24-19.

To assist in enforcement efforts, the MCPA delineates certain additional powers of the MSAGO, including the issuances of subpoenas, subpoenas duces tecum, cease and desist orders, conduct hearings to investigate and “[c]ompel the production of books, papers, documents, and other evidence.” See Miss. Code. Ann § 75-24-27. These pre-litigation subpoenas are not self-executing, but the MCPA provides for a method of enforcement in chancery court. See Miss. Code Ann. § 75-24-17. A company facing a subpoena may raise breadth and privilege issues in any such subpoena enforcement action.

These broad powers granted to the MSAGO leave corporations whose products are sold to Mississippi consumers vulnerable to potential actions and/or subpoenas relating to those products. The provisions of the MCPA apply to both Mississippi businesses and nonresident corporations whose products are sold to Mississippi consumers. This includes manufacturers, distributors, suppliers, and retailers. Although the United States Supreme Court has curtailed general jurisdiction in several recent cases, subpoenas issued or claims brought by the MSAGO are likely to satisfy specific jurisdiction because those claims relate to the products sold to Mississippi residents.

Corporations, both in Mississippi and outside of Mississippi, should be aware of the powers granted to MSAGO. The MSAGO has taken on the manufacturers and sellers of products ranging from tobacco to pharmaceuticals to cosmetics. Businesses must be proactive in responding to subpoenas and other requests from the MSAGO, while carefully preserving defenses that may be needed in future enforcement actions. Maron Marvel Bradley Anderson & Tardy has a wealth of experience and is ready to assist you in these efforts.

2017 Leaders in Law

WILMINGTON, Del. (September 2017) – National law firm Maron Marvel Bradley Anderson & Tardy, is pleased to announce an expansion that increases its presence in the New York metropolitan area and continues the momentum of growth that has seen the firm more than double in size since 2015.

Delaware-based Maron Marvel, has welcomed four new attorneys to the firm: Dwight A. Kern, who will join the firm as a director, and associates Audrey O. Anyaele and William Perrelli. Stephanie DeVos will also be joining Maron Marvel in the coming weeks.

“We are excited to welcome this group of talented attorneys to our firm,” said James J. Maron, founding member and director of Maron Marvel Bradley Anderson & Tardy. “Adding these skilled lawyers to our team enables us to continue offering the superior legal counsel that our clients expect from us, while we continue to build our firm into the premier mass toxic tort firm in the country.”

The addition expands Maron Marvel’s presence in Jersey City, New Jersey, with a new office space located at 101 Hudson Street.

“We are proud to join the exemplary team of Maron Marvel attorneys across the country,” said Kern. “With our deep experience and skill-set backed by the resources of a national firm such as Maron Marvel, we will be able to offer our clients effective solutions and excellent legal services for many years to come.”

Kern focuses his practice on toxic torts, environmental litigation, products liability, construction defect, general liability and related practice areas. He has experience representing clients during all stages of litigation in state and federal courts throughout New York, New Jersey and Connecticut. Kern’s recent defense verdict in a New York lead poisoning trial demonstrates the skill, knowledge and tenacity necessary to successfully represent clients in matters involving complex issues.

Anyaele, DeVos, and Perrelli have extensive experience in toxic tort litigation regularly representing corporate clients in complex commercial litigation, products liability, general liability, and related matters.

The lateral move of the New Jersey attorneys comes several months after 13 attorneys joined Maron Marvel in Chicago and St. Louis, establishing a presence for the firm in the Midwest. Before that, in 2015, Maron Marvel nearly doubled in size when it welcomed more than 30 attorneys in Louisiana, Mississippi and Texas.

About Maron Marvel Bradley Anderson & Tardy LLC – Founded in 1996, Maron Marvel Bradley Anderson & Tardy LLC is a national law firm based in Wilmington, Delaware, with offices in Illinois, Louisiana, Mississippi, Missouri, New Jersey, New York, Pennsylvania, South Carolina and Texas. The firm serves as national, regional and local counsel in the areas of mass toxic tort, products liability, personal injury, environmental regulation and litigation. The firm represents public and private entities of all sizes and provides litigation services to companies in the areas of business and commercial litigation, including products liability, bankruptcy and creditors’ rights, environmental regulation and personal injury.

WILMINGTON, Del. (September 2017) – National law firm Maron Marvel Bradley Anderson & Tardy, which primarily handles high-stakes toxic tort litigation, has welcomed Rob Dille as the new Managing Director of the firm’s New Orleans office. Dille has been practicing across Louisiana for over 23 years. He has represented some of the world’s largest corporations in some of the most challenging jurisdictions.

“We are excited to welcome Rob to our firm,” said James J. Maron, founding member and director of Maron Marvel. “Adding such skilled lawyers as Rob to our team enables us to continue offering the superior legal counsel that our clients expect from us, while we continue to build our firm into the premier mass toxic tort firm in the country.”

Dille focuses his practice on products liability, toxic tort defense, asbestos litigation, and commercial litigation. He has successfully handled hundreds of class action and individual claims involving alleged exposure to asbestos products, pesticides, and other hazardous materials. He has extensive experience in complex litigation and in overseeing the organization and management of cases involving hundreds of plaintiffs, complicated expert testimony, and thousands of documents. Dille has been named a Louisiana Super Lawyer® for four consecutive years.

With the addition of Dille, Maron Marvel now boasts 88 attorneys in 12 offices from the East Coast to the Gulf of Mexico.

WILMINGTON, Del. (September 2017) – National law firm Maron Marvel Bradley Anderson & Tardy LLC is pleased to announce a significant expansion that increases its size and expands its presence into two major metropolitan markets across the United States.

Delaware-based Maron Marvel, which primarily handles high stakes toxic tort litigation, has welcomed 12 new attorneys to the firm, along with their paralegals and staff. The additions expand Maron Marvel into two new states, Illinois and Missouri. The attorneys include directors Melissa Fallah, Scott Henry, Adam Jagadich, and Greg McMahon in Chicago and Ben Thames in St. Louis. The attorneys and staff formerly were with the law firm of Segal McCambridge Singer & Mahoney.

“From the very founding of our practice, our goal has been to become the premier mass toxic tort firm in the country,” said James J. Maron, founding member and director of Maron Marvel Bradley Anderson & Tardy. “We are excited and energized to welcome these talented legal professionals to our team, and we look forward to putting that energy and legal acumen to work on behalf of our clients nationwide.”

The attorneys who are joining Maron Marvel focus their practices on toxic torts, environmental litigation, products liability, toxic torts, and related practice areas. They have extensive experience in toxic tort litigation, including asbestos and benzene claims and they regularly represent clients ranging from small businesses to Fortune 500 companies, resolving complex issues in different jurisdictions, and proactively consulting on ways to avoid litigation.

“We are excited about the opportunity that this combination brings to our clients and our practice, and we look forward to continuing Maron Marvel’s commitment to excellent legal service,” said Scott Henry, managing director of the Chicago office.

With this expansion, Maron Marvel now has attorneys licensed in 21 states and housed in 13 office locations in 10 states, including Delaware, Illinois, Louisiana, Mississippi, Missouri, New Jersey, New York, Pennsylvania, South Carolina and Texas. The additions also serve to increase the firm’s diversity. Women represent 44 percent of the firm’s attorneys and 32 percent of the partnership; 15 percent of the firm is comprised of ethnic minorities, and the attorneys collectively speak more than 16 languages.

“One of the things that drew me to Maron Marvel is the diversity of the firm. We are as diverse as the regions from which we come,” said Melissa Fallah, a new director in the Chicago office. “We know our clients want legal service teams that better represent their own diversity, and increasing diversity of background and thought is one of Maron Marvel’s priorities.”