Morris Manning & Martin, LLP

MMM’s E-Cigarette/Vape Practice Group Sees Significant Growth

08.06.2019

Atlanta (August 2019) – Morris, Manning & Martin, LLP’s E-Cigarette/Vape Practice is experiencing notable increases in activity. Launched to serve the rapidly-growing electronic nicotine delivery system (ENDS) industry, the attorneys in the group represent a wide range of vaping and e-cig retailers, distributors, and manufacturers in the U.S. and China.

Led by partner Bob Alpert, the team works in state and federal courts defending product liability claims arising from allegedly defective vape devices and/or their component parts. In addition to litigation defense, the group’s work also focuses on risk management, insurance and regulatory issues. The firm has represented more than two dozen companies in roughly 40 cases and matters nationwide since the group’s inception.

“The $22 billion e-cigarette market is growing rapidly, and so are its legal needs,” Alpert said. “Our firm’s experience representing companies in traditional product liability matters provides a solid foundation for this evolving practice.”

The group’s work includes the following services:

  • Product and party identification and evaluation. Because plaintiffs frequently don’t know all parties in the chain of distribution, they either will not name all parties as defendants in the lawsuit or will name incorrect or improper parties. Alpert and his team determine whether our client is connected to the product. 
  • How e-cig/vape companies can minimize and mitigate potential risk through pre-litigation strategies. These strategies include assisting with securing appropriate insurance coverage, preparing limitation of liability language for use on their website or at the point of sale, and developing language regarding the proper use of the device and/or the appropriate types of batteries for the devices.
  • Tracking regulatory issues and other industry standards. The issues relating to e-cigarette/vape devices, are critical for businesses operating in any area of the industry.
  • Corporate matters, such as company structure, funding, and mergers and acquisitions – as well as intellectual property matters including registering and protecting trademarks and patents.

Members of the E-Cigarette/Vape group are making several presentations in the U.S. and overseas this year. Alpert and partners Jeff Douglass and Michael Ye, Ph.D. led a one-day workshop coinciding with the 2019 IECIE Shenzhen eCig Expo in Shenzhen, China on April 12. Earlier this year, Alpert led a seminar on The Legal Landscape of Vaping at the national conference of DRI, the leading organization of defense attorneys and in-house counsel. He and Douglass also spoke about strategic issues in defending e-cig and vape product liability lawsuits at a continuing legal education (CLE) event at the State Bar of Georgia.

The group also posts monthly updates on trends and laws on the firm’s website. Topics include federal, state and local regulations; cases that could affect future rulings; the role of the lithium-ion battery in cases, etc. Click here for more information.                                        

About Morris, Manning & Martin, LLP

Morris, Manning & Martin (www.mmmlaw.com) is an AmLaw 200 law firm with national and international reach. We dedicate ourselves to the constant pursuit of our clients’ success. To provide our clients with optimal value, we combine market-leading legal services with a total understanding of their needs to maximize effectiveness, efficiency and opportunity. MMM enjoys national prominence for its real estate, corporate, litigation, technology, healthcare, intellectual property, energy & infrastructure, capital markets, environmental, international trade, and insurance practices. MMM has offices in and around Atlanta, Raleigh-Durham, Savannah and Washington, D.C. The firm also has a business development office in Beijing, China.

Media Contact for MMM: Terri Thornton, (404) 932-4347, [email protected]