P. Ryan Beckett

P. Ryan

Beckett

Overview

Ryan is a member of the firm’s Commercial Litigation practice group. He has represented major consumer products manufacturers, financial services companies and other corporate entities in contract, consumer protection, intellectual property and antitrust matters. He is also experienced in governmental litigation, commercial litigation, energy litigation and financial services litigation. Ryan is a registered lobbyist in the State of Mississippi, representing numerous technology and services companies.

Industry

About

Ryan’s recent experience includes representing a major correctional technology vendor and obtaining a dismissal with prejudice on 12(b)(6) grounds in a consumer class action suit bringing civil RICO, fraud and consumer protection claims over rates, fees and commissions charged to inmates and inmate friends and family. The case was dismissed three times under the filed-rate doctrine by the District Court before being appealed to the Fifth Circuit, where the dismissal with prejudice was affirmed by a three-Judge panel per curiam. See Alexander et al. v. Global Tel*Link Corporation, 816 Fed.Appx.939 (2020).  He also successfully obtained dismissal on 12(b)(6) grounds for a major consumer products manufacturer in an antitrust and consumer protection action brought by the Mississippi Attorney General over alleged price-fixing of wire harness parts used in automotive production.  That dismissal was upheld by a unanimous Mississippi Supreme Court.  See Fitch v. Yazaki North America, Inc., et al., 294 So. 3d 1178 (2020).  Ryan has represented dozens of major companies in antitrust and consumer protection act cases brought by the Mississippi Attorney General over nearly two decades. He also serves a counsel for the Mississippi Governor in Stallworth/JMAA et al. v. Bryant et al. in the Jackson Municipal Airport Authority’s effort to prevent transfer of control of the Jackson Medger Wiley-Evers International Airport to a new statutorily-created and regionally-controlled Jackson Metropolitan Area Airport Authority.

He is AV®-Preeminent™ Peer Review Rated by Martindale-Hubbell® and has been recognized by Best Lawyers in America® in commercial litigation and antitrust law, Benchmark Litigation as a Local Litigation Star, Super Lawyers® Mid-South Super Lawyers and Mid-South Rising Stars. He was previously named in the Top 40 Under 40 by the Mississippi Business Journal and was awarded the Pro Bono Award in 2009 by the Mississippi Volunteer Lawyers Project.

Ryan is active in a number of professional and community organizations. He is the former president of the Mississippi Chapter of the Federal Bar Association, a member of the Federation of Defense and Corporate Counsel (FDCC) (Vice Chair of the Energy Committee and a member of the Admissions and Sites Committees), and the Defense Research Institute (DRI) (former Steering Committee of the Commercial Litigation Committee, Chair of the Anti-Trust Sub-Committee, and Young Lawyers Steering Committee). He serves as Chair of the Foundation for Mississippi History, and he has served on the Foundation’s board of directors since 2018. He also serves on the board of trustees at Millsaps College and is a former Chairman of the Mississippi Tort Claims Board.

He obtained his J.D., magna cum laude, from the University of Mississippi and his B.S., summa cum laude, in Economics from Millsaps College.  He is admitted to practice in Mississippi and Tennessee.

Experience

  • Successfully obtained dismissal with prejudice on 12(b)(6) ground for major lumber manufacturer in consumer antitrust action brought under the Sherman Act, Clayton Act and other federal statutes against the 10 largest lumber producers in the United States, alleging that these companies engaged in price-fixing and other anticompetitive practices regarding the price of lumber in 2020 and 2021.  See David B. Turner Builders LLC v. Weyerhaeuser Company et al., 603 F. Supp. 3d 459 (USDC Miss., May 13, 2022).  That decision was affirmed by the Fifth Circuit Court of Appeals.  See New England Construction, L.L.C. v. Weyerhaeuser Company et al., 2023 WL 2401587 (Mar. 08, 2023). 
  • Counsel for major consumer discount retailer in various federal class action proceedings relating to the temporary closure of a distribution facility in West Memphis, Arkansas, by the FDA in early 2022 alleging contamination to certain food, drugs and other consumer products.  These actions were brought in 2022 and consolidate by the JPML into a Multi-District Litigation pending before the United States District Court for the Western District of Tennessee.  The MDL is currently ongoing.  
  • Successfully obtained dismissal with prejudice on 12(b)(2) and 2(b)(6) ground for major pharmaceutical manufacturers in lidocaine pain patch litigation brought by the State of Mississippi, through the Mississippi Attorney General, on behalf of the State’s consumers alleging violations of the Mississippi Antitrust Act and the Mississippi Consumer Protection Act related to settlement and patent licensing agreements by and between some of the parties.    
  • Counsel for major pharmaceutical manufacturer in “Insulin Price-Fixing” litigation brought by the State of Mississippi, through the Mississippi Attorney General’s office, on behalf of the State’s consumers alleging price fixing and other anticompetitive practices against the various manufacturers and distributors of insulin therapies and products.
  • Successfully obtained dismissal with prejudice on 12(b)(6) grounds for major correctional technology vendor in consumer class action suit bringing civil RICO, fraud and consumer protection claims over rates, fees and commissions charged to inmates and inmate friends and family. Case was dismissed three times under the filed-rate doctrine by the District Court before being appealed to the Fifth Circuit, where the dismissal with prejudice was affirmed by a three-Judge panel per curiam. Alexander et al. v. Global Tel*Link Corporation, 816 Fed.Appx. 939, 2020 WL 3041323 (June 5, 2020).
  • Successfully obtained dismissal on 12(b)(6) grounds for major consumer products manufacturer in an antitrust and consumer protection action brought by the Mississippi Attorney General alleging an international price-fixing conspiracy in the manufacturing, production and distribution of wire harness parts used in automotive manufacturing. On appeal, a unanimous Mississippi Supreme Court affirmed the dismissal. State ex rel. Fitch v. Yazaki North America, Inc., et al., 294 So. 3d 1178, 2020 WL 2079092 (April 30, 2020).
  • Counsel for the Mississippi Lieutenant Governor (and later Governor) in Stallworth/JMAA et al. v. Bryant et al. in the Jackson Municipal Airport Authority’s effort to prevent transfer of control of the Jackson Medger Wiley-Evers International Airport to a new statutorily-created and regionally-controlled Jackson Metropolitan Area Airport Authority. Case is currently ongoing.
  • Counsel for major correctional technology vendor in civil RICO, fraud and consumer protection action brought by the Mississippi Attorney General following the resignation and federal incarceration of former Mississippi Corrections Commissioner Christopher Epps. 
  • Counsel for the Standing Joint Legislative Committee on Reapportionment of the Mississippi Legislature (the "SJC") in NAACP et al. v. Bryant et al. in the NAACP’s effort to set aside the results of the 2011 Legislative Elections and to declare the 2012 reapportionment plans adopted by the Mississippi Legislature during the 2012 Legislative session. The decision of the 3-Judge District Court denying all requested relief (unreported) was affirmed on appeal by the United States Supreme Court, 133 S. Ct. 2389, 185 L. Ed. 2d 1101 (May 20, 2013). See also NAACP et al. v. Bryant et al., 2011 U.S. Dist. LEXIS 52822 (May 16, 2011), affirmed by the United States Supreme Court, 132 S. Ct. 542, 181 L. Ed. 2d 353 (Oct. 31, 2011).
  • Counsel for major consumer products manufacturer in an antitrust and consumer protection action brought by the Mississippi Attorney General alleging an international price-fixing conspiracy in the manufacturing, production and distribution of liquid crystal display (LCD) panels. Case was appealed to the United States Supreme Court on Class Action Fairness Act removal jurisdiction issues resulting in landmark decision of Mississippi ex rel. Hood v. AU Optronics, 134 S. Ct. 736 (2014). .
  • Counsel in Carder v. BASF Corp., 919 So. 2d 258 (Miss. 2005), Carder v. BASF Corp., 2003 WL 25267524 (Miss. Chancery Court Nov. 19, 2003), Hood v. BASF Corp., 2005 WL 4685054 (Miss. Chancery Court Feb. 17, 2005), and certain other actions, representing major vitamins manufacturer in antitrust and consumer protection actions brought by multiple plaintiffs, and eventually by the State of Mississippi, alleging price fixing in the marketing and sale of vitamins and vitamin-containing products.
  • Counsel for major pharmaceutical company in consumer protection action brought by the Mississippi Attorney General alleging that the company engaged in unfair, false and deceptive labeling and "off-label" marketing of the prescription drug "Plavix." 
  • Counsel for major pharmaceutical manufacturers in "AWP" (average wholesale price) litigation brought by the State of Mississippi, through the Mississippi Attorney General’s office, on behalf of the State Division of Medicaid, alleging price fixing and other anticompetitive practices against most of the major players in the pharmaceutical industry related to their reimbursement practices for prescriptions dispensed to Medicaid recipients.
  • Counsel in Ameristar Casino Vicksburg, Inc. v. Duckworth, 990 So. 2d 758 (Miss. 2008) for several major casinos acting as Amicus Curiae seeking to have the Court's prior opinion withdrawn and replaced. The casinos objected to the Court's categorization of certain lawful promotional drawings as "raffles." On rehearing, the casinos successfully convinced the Court to remove the "raffle" language.
  • Counsel in Barbour v. State ex rel. Hood, 974 So. 2d 232 (Miss. 2008) for Governor Haley Barbour in Governor Barbour's successful defense of his calling of the special Senate election to fill the Senate seat vacated by Senator Trent Lott. The calling had been challenged on constitutional and statutory grounds by Attorney General Jim Hood.
  • Counsel in Shelter Mut. Ins. Co. v. Dale, 914 So. 2d 698 (Miss. 2005) for Shelter Mutual Insurance Company and Shelter General Insurance Company in their successful challenge of the Mississippi Department of Insurance’s prohibition on punitive damages exclusions from standard automobile liability policies. This was an issue of first impression under Mississippi law.
  • Counsel in Sullivan v. Protex Weatherproofing, Inc., 913 So. 2d 256 (Miss. 2005) for Protex Weatherproofing, Inc. and ATX Telecom, Inc. in their successful defense of a lower court’s Order compelling arbitration of all claims against both a signatory to the contract containing the arbitration agreement and a non-signatory defendant. This was an issue of first impression under Mississippi law.
  • Counsel in Tunica Web Advertising, Inc. v. Barden Mississippi Gaming, LLC, 2005 WL 3488499 (N.D. Miss. 2005) for major casino in Tunica, Mississippi, in an antitrust action brought by internet advertiser under Sherman Section One against entire casino industry in Tunica, Mississippi.
  • Counsel for major mortgage lender in numerous "mortgage fraud" and consumer protection actions brought by mortgage borrowers against mortgage lenders and brokers alleging "predatory lending," fraud and misrepresentation in connection with their mortgage products.
  • Counsel for major smokeless tobacco manufacturer in numerous antitrust and consumer protection actions brought by consumers of smokeless tobacco products alleging price fixing in the marketing and sale of smokeless tobacco products.
  • Counsel for major mortgage wholesale lender in numerous "mortgage fraud flipping" cases brought by borrowers against lender, mortgage brokers/mortgage companies, and various other parties.
  • Counsel for major consumer finance company in the hundreds of "mass tort" cases brought by thousands of borrowers over sales practices related to credit insurance products. See, e.g., Queen v. American General Finance, Inc., 351 F. Supp. 2d 576, (S.D. Miss. 2005).
  • Counsel for several major life, health and disability insurance companies in numerous cases brought by policy-holders against these insurance companies for sales practices relating to "vanishing" premium universal life insurance policies, long-term care insurance policies, hospitalization policies and other insurance products. See, e.g., Gammill v. Lincoln Life and Annuity Distributors, Inc., 200 F. Supp. 2d. 632 (S.D. Miss. 2001).
  • Experienced in intellectual property – patent and trademark litigation.
  • Counsel for shareholders/partners of Mississippi-based business selling animal health products and supplements in “business divorce” that included disputes over the ownership and control of federally registered patents for certain of those products.  Prosecuted the patent infringement and patent inventorship claims of those shareholders/partners against the remaining shareholders/partners of the defunct corporation.  
  • Counsel for major petrochemical corporation in litigation to dissolve a 51-year old injunction entered to protect certain federally registered trademarks.
  • Counsel for manufacturer of sports energy products in multiple trademark infringement litigation matters under the Lanham Act seeking to enforce federal registered trademarks and enjoin infringement of such marks by competitors.  
  • Counsel for major telecommunications company in copyright and trademark litigation matters under the Lanham Act seeking to enjoin unauthorized activities including the insertion and affixation of unpaid advertisements into public telephone directories.  

Distinctions

  • Martindale-Hubbell®
    • AV®-Preeminent™ Peer Review Rated, 2010-2023
  • Chambers USA, America's Leading Lawyers for Business
    • Litigation: General Commercial - Mississippi, 2023
  • The American Lawyer and Corporate Counsel
    • Top Rated Lawyer in Commercial Litigation, 2013
  • Best Lawyers in America®
    • Commercial Litigation, 2014-2024
    • Antitrust Law, 2021-2024
  • Super Lawyers®
    • Mid-South Super Lawyers, Business Litigation, 2013-2023
    • Mid-South Rising Stars, Business Litigation, 2008-2012
  • Benchmark Litigation
    • Local Litigation Star, 2022
  • 2013 PORTICO 10
  • Mississippi Business Journal
    • Top 40 Under 40
  • Mississippi Volunteer Lawyers Project, Pro Bono Award, 2009
  • LMG Life Sciences, Life Sciences Star

Bar Admissions

  • Mississippi, 1999
  • Tennessee, 1999
  • U.S. District Courts
    • Mississippi: Northern, Southern
    • Tennessee: Western
  • U.S. Court of Appeals
    • 5th Circuit
  • U.S. Supreme Court

Education

  • University of Mississippi, J.D., magna cum laude, 1999
    • Associate Articles Editor, Mississippi Law Journal
    • Robert Khayat Award for Distinguished Service, Mississippi Law Journal
  • Millsaps College, B.S., Economics, summa cum laude, 1996

Associations

  • American Bar Association
    • Section on Antitrust
  • Federal Bar Association
    • Mississippi Chapter
      • President, 2014
  • Charles Clark American Inn of Court
  • Federation of Defense and Corporate Counsel (FDCC)
    • Inducted, 2011
    • Chair, Energy Committee
    • Member, Admissions Committee
    • Member, Sites Committee
    • Vice Chair, Class Action Section
  • International Association of Defense Counsel (IADC)
    • Inducted, 2019
  • Defense Research Institute (DRI)
    • Commercial Litigation Committee
      • Steering Committee
    • Anti-Trust Sub-Committee
      • Chair
    • Young Lawyers Committee
      • Steering Committee
  • Mississippi Defense Lawyers Association
  • Mississippi Bar Association
    • Young Lawyers Division
      • Mock Trial Committee
  • Tennessee Bar Association
  • Capital Area Bar Association

Papers, Presentations & Publications

  • Co-Author, Damages Chapter, Mississippi Encyclopedia of Law, 2016.
  • Co-Author, "Unfair and Deceptive Trade Practices Statutes and Damages: How to Prevent and Defend Disruptive Challenges to Your Client’s Business Practices," FDCC Insights, December 2015.
  • Co-Author, “Unfair and Deceptive Trade Practices and Consumer Protection: Targeted Practices and Kinds of Claims,” Unfair and Deceptive Trade Practices Statutes and Damages: How to Prevent and Defend Disruptive Challenges to Your Client’s Business Practices, August 2015.
  • Co-Author, “Recent Developments In Class Action Law: SCOTUS Tackles the ‘Mass Action’ Provision Under CAFA But Ducks Interpreting The ‘General Public’ Exception In Miss. Ex Rel. Hood V. Au Optronics Corp.,” Federation of Defense & Corporate Counsel (FDCC) Meeting, Banff, Alberta, Canada, August 2015.
  • Presenter, “Recent Developments in Class Action Law: The Class Action ‘Lightning Round,’” Federation of Defense & Corporate Counsel (FDCC) Meeting, Banff, Alberta, Canada, August 2015.
  • Presenter, “Unfair and Deceptive Trade Practice Statues and Damages,” Federation of Defense & Corporate Counsel (FDCC) Meeting, Banff, Alberta, Canada, August 2015.
  • Author, “Mississippi” Section, Compendium on State and Federal Consumer Protection Statutes, Mississippi Section, Defense Research Institute, 2014.
  • Author, The Collateral Source Rule: A Compendium of State Law, Mississippi Section, Defense Research Institute, 2012.
  • Author, Trade Secrets and Non-Competes: A Compendium of State Law, Mississippi Section, Defense Research Institute, 2012.
  • Presenter, Antitrust 2009: A Primer, Defense Research Institute, Commercial and Intellectual Property Litigation Symposium, April 2009.
  • Speaker, Advanced Litigation Skills for Taking Your Case Through Final Verdict, DRI’s Young Lawyers Seminar in San Diego, California, June 7-8, 2007.
  • Author, New Activism from the State Attorneys General: The Parens Patriae Approach, DRI’s For The Defense, August 2006.
  • Program Chair, Advanced Litigation Skills for Taking Your Case Through Final Verdict, DRI’s Young Lawyers Seminar in Miami Beach, Florida, June 15-16, 2006.
  • Author, 50 State Compendium on Covenants Not to Compete, Mississippi Section, Defense Research Institute.
  • Author, Damages Chapter, Mississippi Encyclopedia of Law, 2002.
  • Author, 50-State Compendium on State Consumer Protection Act Statutes, Mississippi Section, Defense Research Institute.
  • Author, 50-State Compendium on State Consumer Protection Act Statutes, Mississippi Section, Product Liability Advisory Council.
  • Author, An Ounce of Prevention Worth Pounds of Cure: Disclosure and Defense of RICO Claims in Force Placed-Insurance Litigation, Mississippi Law Journal, May 1999.

Civic Involvement

  • Foundation for Mississippi History
    • Board Member, 2018-Present
      • Chair, 2023-Present
      • Vice Chair, 2020-2023
    • Oversees the operations of the Two Museums: the Mississippi Civil Rights Museum and the Mississippi History Museum
  • Mississippi Volunteer Lawyers Project
    • Homeless Legal Clinic
      • Legal Director, 2006-2012
  • Mississippi Tort Claims Board
    • Chairman, 2013-2016
  • Metropolitan Bank
    • Advisory Board
      • Chairman, 2014-2017
  • Millsaps College
    • Board of Trustees, 2016-present
  • Millsaps College Else School of Management
    • Advisory Board
  • Millsaps College Alumni Board
  • St. James Episcopal Church
    • Vestry Member
    • Verger
    • Sub-Deacon
    • Acolyte Master
  • Mississippi Symphony Orchestra
    • Encore! Board
      • Past Co-Chair
  • Habitat for Humanity
  • Stewpot Community Services

P. Ryan

Beckett

Overview

Ryan is a member of the firm’s Commercial Litigation practice group. He has represented major consumer products manufacturers, financial services companies and other corporate entities in contract, consumer protection, intellectual property and antitrust matters. He is also experienced in governmental litigation, commercial litigation, energy litigation and financial services litigation. Ryan is a registered lobbyist in the State of Mississippi, representing numerous technology and services companies.

Industry

About

Ryan’s recent experience includes representing a major correctional technology vendor and obtaining a dismissal with prejudice on 12(b)(6) grounds in a consumer class action suit bringing civil RICO, fraud and consumer protection claims over rates, fees and commissions charged to inmates and inmate friends and family. The case was dismissed three times under the filed-rate doctrine by the District Court before being appealed to the Fifth Circuit, where the dismissal with prejudice was affirmed by a three-Judge panel per curiam. See Alexander et al. v. Global Tel*Link Corporation, 816 Fed.Appx.939 (2020).  He also successfully obtained dismissal on 12(b)(6) grounds for a major consumer products manufacturer in an antitrust and consumer protection action brought by the Mississippi Attorney General over alleged price-fixing of wire harness parts used in automotive production.  That dismissal was upheld by a unanimous Mississippi Supreme Court.  See Fitch v. Yazaki North America, Inc., et al., 294 So. 3d 1178 (2020).  Ryan has represented dozens of major companies in antitrust and consumer protection act cases brought by the Mississippi Attorney General over nearly two decades. He also serves a counsel for the Mississippi Governor in Stallworth/JMAA et al. v. Bryant et al. in the Jackson Municipal Airport Authority’s effort to prevent transfer of control of the Jackson Medger Wiley-Evers International Airport to a new statutorily-created and regionally-controlled Jackson Metropolitan Area Airport Authority.

He is AV®-Preeminent™ Peer Review Rated by Martindale-Hubbell® and has been recognized by Best Lawyers in America® in commercial litigation and antitrust law, Benchmark Litigation as a Local Litigation Star, Super Lawyers® Mid-South Super Lawyers and Mid-South Rising Stars. He was previously named in the Top 40 Under 40 by the Mississippi Business Journal and was awarded the Pro Bono Award in 2009 by the Mississippi Volunteer Lawyers Project.

Ryan is active in a number of professional and community organizations. He is the former president of the Mississippi Chapter of the Federal Bar Association, a member of the Federation of Defense and Corporate Counsel (FDCC) (Vice Chair of the Energy Committee and a member of the Admissions and Sites Committees), and the Defense Research Institute (DRI) (former Steering Committee of the Commercial Litigation Committee, Chair of the Anti-Trust Sub-Committee, and Young Lawyers Steering Committee). He serves as Chair of the Foundation for Mississippi History, and he has served on the Foundation’s board of directors since 2018. He also serves on the board of trustees at Millsaps College and is a former Chairman of the Mississippi Tort Claims Board.

He obtained his J.D., magna cum laude, from the University of Mississippi and his B.S., summa cum laude, in Economics from Millsaps College.  He is admitted to practice in Mississippi and Tennessee.

Experience

  • Successfully obtained dismissal with prejudice on 12(b)(6) ground for major lumber manufacturer in consumer antitrust action brought under the Sherman Act, Clayton Act and other federal statutes against the 10 largest lumber producers in the United States, alleging that these companies engaged in price-fixing and other anticompetitive practices regarding the price of lumber in 2020 and 2021.  See David B. Turner Builders LLC v. Weyerhaeuser Company et al., 603 F. Supp. 3d 459 (USDC Miss., May 13, 2022).  That decision was affirmed by the Fifth Circuit Court of Appeals.  See New England Construction, L.L.C. v. Weyerhaeuser Company et al., 2023 WL 2401587 (Mar. 08, 2023). 
  • Counsel for major consumer discount retailer in various federal class action proceedings relating to the temporary closure of a distribution facility in West Memphis, Arkansas, by the FDA in early 2022 alleging contamination to certain food, drugs and other consumer products.  These actions were brought in 2022 and consolidate by the JPML into a Multi-District Litigation pending before the United States District Court for the Western District of Tennessee.  The MDL is currently ongoing.  
  • Successfully obtained dismissal with prejudice on 12(b)(2) and 2(b)(6) ground for major pharmaceutical manufacturers in lidocaine pain patch litigation brought by the State of Mississippi, through the Mississippi Attorney General, on behalf of the State’s consumers alleging violations of the Mississippi Antitrust Act and the Mississippi Consumer Protection Act related to settlement and patent licensing agreements by and between some of the parties.    
  • Counsel for major pharmaceutical manufacturer in “Insulin Price-Fixing” litigation brought by the State of Mississippi, through the Mississippi Attorney General’s office, on behalf of the State’s consumers alleging price fixing and other anticompetitive practices against the various manufacturers and distributors of insulin therapies and products.
  • Successfully obtained dismissal with prejudice on 12(b)(6) grounds for major correctional technology vendor in consumer class action suit bringing civil RICO, fraud and consumer protection claims over rates, fees and commissions charged to inmates and inmate friends and family. Case was dismissed three times under the filed-rate doctrine by the District Court before being appealed to the Fifth Circuit, where the dismissal with prejudice was affirmed by a three-Judge panel per curiam. Alexander et al. v. Global Tel*Link Corporation, 816 Fed.Appx. 939, 2020 WL 3041323 (June 5, 2020).
  • Successfully obtained dismissal on 12(b)(6) grounds for major consumer products manufacturer in an antitrust and consumer protection action brought by the Mississippi Attorney General alleging an international price-fixing conspiracy in the manufacturing, production and distribution of wire harness parts used in automotive manufacturing. On appeal, a unanimous Mississippi Supreme Court affirmed the dismissal. State ex rel. Fitch v. Yazaki North America, Inc., et al., 294 So. 3d 1178, 2020 WL 2079092 (April 30, 2020).
  • Counsel for the Mississippi Lieutenant Governor (and later Governor) in Stallworth/JMAA et al. v. Bryant et al. in the Jackson Municipal Airport Authority’s effort to prevent transfer of control of the Jackson Medger Wiley-Evers International Airport to a new statutorily-created and regionally-controlled Jackson Metropolitan Area Airport Authority. Case is currently ongoing.
  • Counsel for major correctional technology vendor in civil RICO, fraud and consumer protection action brought by the Mississippi Attorney General following the resignation and federal incarceration of former Mississippi Corrections Commissioner Christopher Epps. 
  • Counsel for the Standing Joint Legislative Committee on Reapportionment of the Mississippi Legislature (the "SJC") in NAACP et al. v. Bryant et al. in the NAACP’s effort to set aside the results of the 2011 Legislative Elections and to declare the 2012 reapportionment plans adopted by the Mississippi Legislature during the 2012 Legislative session. The decision of the 3-Judge District Court denying all requested relief (unreported) was affirmed on appeal by the United States Supreme Court, 133 S. Ct. 2389, 185 L. Ed. 2d 1101 (May 20, 2013). See also NAACP et al. v. Bryant et al., 2011 U.S. Dist. LEXIS 52822 (May 16, 2011), affirmed by the United States Supreme Court, 132 S. Ct. 542, 181 L. Ed. 2d 353 (Oct. 31, 2011).
  • Counsel for major consumer products manufacturer in an antitrust and consumer protection action brought by the Mississippi Attorney General alleging an international price-fixing conspiracy in the manufacturing, production and distribution of liquid crystal display (LCD) panels. Case was appealed to the United States Supreme Court on Class Action Fairness Act removal jurisdiction issues resulting in landmark decision of Mississippi ex rel. Hood v. AU Optronics, 134 S. Ct. 736 (2014). .
  • Counsel in Carder v. BASF Corp., 919 So. 2d 258 (Miss. 2005), Carder v. BASF Corp., 2003 WL 25267524 (Miss. Chancery Court Nov. 19, 2003), Hood v. BASF Corp., 2005 WL 4685054 (Miss. Chancery Court Feb. 17, 2005), and certain other actions, representing major vitamins manufacturer in antitrust and consumer protection actions brought by multiple plaintiffs, and eventually by the State of Mississippi, alleging price fixing in the marketing and sale of vitamins and vitamin-containing products.
  • Counsel for major pharmaceutical company in consumer protection action brought by the Mississippi Attorney General alleging that the company engaged in unfair, false and deceptive labeling and "off-label" marketing of the prescription drug "Plavix." 
  • Counsel for major pharmaceutical manufacturers in "AWP" (average wholesale price) litigation brought by the State of Mississippi, through the Mississippi Attorney General’s office, on behalf of the State Division of Medicaid, alleging price fixing and other anticompetitive practices against most of the major players in the pharmaceutical industry related to their reimbursement practices for prescriptions dispensed to Medicaid recipients.
  • Counsel in Ameristar Casino Vicksburg, Inc. v. Duckworth, 990 So. 2d 758 (Miss. 2008) for several major casinos acting as Amicus Curiae seeking to have the Court's prior opinion withdrawn and replaced. The casinos objected to the Court's categorization of certain lawful promotional drawings as "raffles." On rehearing, the casinos successfully convinced the Court to remove the "raffle" language.
  • Counsel in Barbour v. State ex rel. Hood, 974 So. 2d 232 (Miss. 2008) for Governor Haley Barbour in Governor Barbour's successful defense of his calling of the special Senate election to fill the Senate seat vacated by Senator Trent Lott. The calling had been challenged on constitutional and statutory grounds by Attorney General Jim Hood.
  • Counsel in Shelter Mut. Ins. Co. v. Dale, 914 So. 2d 698 (Miss. 2005) for Shelter Mutual Insurance Company and Shelter General Insurance Company in their successful challenge of the Mississippi Department of Insurance’s prohibition on punitive damages exclusions from standard automobile liability policies. This was an issue of first impression under Mississippi law.
  • Counsel in Sullivan v. Protex Weatherproofing, Inc., 913 So. 2d 256 (Miss. 2005) for Protex Weatherproofing, Inc. and ATX Telecom, Inc. in their successful defense of a lower court’s Order compelling arbitration of all claims against both a signatory to the contract containing the arbitration agreement and a non-signatory defendant. This was an issue of first impression under Mississippi law.
  • Counsel in Tunica Web Advertising, Inc. v. Barden Mississippi Gaming, LLC, 2005 WL 3488499 (N.D. Miss. 2005) for major casino in Tunica, Mississippi, in an antitrust action brought by internet advertiser under Sherman Section One against entire casino industry in Tunica, Mississippi.
  • Counsel for major mortgage lender in numerous "mortgage fraud" and consumer protection actions brought by mortgage borrowers against mortgage lenders and brokers alleging "predatory lending," fraud and misrepresentation in connection with their mortgage products.
  • Counsel for major smokeless tobacco manufacturer in numerous antitrust and consumer protection actions brought by consumers of smokeless tobacco products alleging price fixing in the marketing and sale of smokeless tobacco products.
  • Counsel for major mortgage wholesale lender in numerous "mortgage fraud flipping" cases brought by borrowers against lender, mortgage brokers/mortgage companies, and various other parties.
  • Counsel for major consumer finance company in the hundreds of "mass tort" cases brought by thousands of borrowers over sales practices related to credit insurance products. See, e.g., Queen v. American General Finance, Inc., 351 F. Supp. 2d 576, (S.D. Miss. 2005).
  • Counsel for several major life, health and disability insurance companies in numerous cases brought by policy-holders against these insurance companies for sales practices relating to "vanishing" premium universal life insurance policies, long-term care insurance policies, hospitalization policies and other insurance products. See, e.g., Gammill v. Lincoln Life and Annuity Distributors, Inc., 200 F. Supp. 2d. 632 (S.D. Miss. 2001).
  • Experienced in intellectual property – patent and trademark litigation.
  • Counsel for shareholders/partners of Mississippi-based business selling animal health products and supplements in “business divorce” that included disputes over the ownership and control of federally registered patents for certain of those products.  Prosecuted the patent infringement and patent inventorship claims of those shareholders/partners against the remaining shareholders/partners of the defunct corporation.  
  • Counsel for major petrochemical corporation in litigation to dissolve a 51-year old injunction entered to protect certain federally registered trademarks.
  • Counsel for manufacturer of sports energy products in multiple trademark infringement litigation matters under the Lanham Act seeking to enforce federal registered trademarks and enjoin infringement of such marks by competitors.  
  • Counsel for major telecommunications company in copyright and trademark litigation matters under the Lanham Act seeking to enjoin unauthorized activities including the insertion and affixation of unpaid advertisements into public telephone directories.  

Distinctions

  • Martindale-Hubbell®
    • AV®-Preeminent™ Peer Review Rated, 2010-2023
  • Chambers USA, America's Leading Lawyers for Business
    • Litigation: General Commercial - Mississippi, 2023
  • The American Lawyer and Corporate Counsel
    • Top Rated Lawyer in Commercial Litigation, 2013
  • Best Lawyers in America®
    • Commercial Litigation, 2014-2024
    • Antitrust Law, 2021-2024
  • Super Lawyers®
    • Mid-South Super Lawyers, Business Litigation, 2013-2023
    • Mid-South Rising Stars, Business Litigation, 2008-2012
  • Benchmark Litigation
    • Local Litigation Star, 2022
  • 2013 PORTICO 10
  • Mississippi Business Journal
    • Top 40 Under 40
  • Mississippi Volunteer Lawyers Project, Pro Bono Award, 2009
  • LMG Life Sciences, Life Sciences Star

Bar Admissions

  • Mississippi, 1999
  • Tennessee, 1999
  • U.S. District Courts
    • Mississippi: Northern, Southern
    • Tennessee: Western
  • U.S. Court of Appeals
    • 5th Circuit
  • U.S. Supreme Court

Education

  • University of Mississippi, J.D., magna cum laude, 1999
    • Associate Articles Editor, Mississippi Law Journal
    • Robert Khayat Award for Distinguished Service, Mississippi Law Journal
  • Millsaps College, B.S., Economics, summa cum laude, 1996

Associations

  • American Bar Association
    • Section on Antitrust
  • Federal Bar Association
    • Mississippi Chapter
      • President, 2014
  • Charles Clark American Inn of Court
  • Federation of Defense and Corporate Counsel (FDCC)
    • Inducted, 2011
    • Chair, Energy Committee
    • Member, Admissions Committee
    • Member, Sites Committee
    • Vice Chair, Class Action Section
  • International Association of Defense Counsel (IADC)
    • Inducted, 2019
  • Defense Research Institute (DRI)
    • Commercial Litigation Committee
      • Steering Committee
    • Anti-Trust Sub-Committee
      • Chair
    • Young Lawyers Committee
      • Steering Committee
  • Mississippi Defense Lawyers Association
  • Mississippi Bar Association
    • Young Lawyers Division
      • Mock Trial Committee
  • Tennessee Bar Association
  • Capital Area Bar Association

Papers, Presentations & Publications

  • Co-Author, Damages Chapter, Mississippi Encyclopedia of Law, 2016.
  • Co-Author, "Unfair and Deceptive Trade Practices Statutes and Damages: How to Prevent and Defend Disruptive Challenges to Your Client’s Business Practices," FDCC Insights, December 2015.
  • Co-Author, “Unfair and Deceptive Trade Practices and Consumer Protection: Targeted Practices and Kinds of Claims,” Unfair and Deceptive Trade Practices Statutes and Damages: How to Prevent and Defend Disruptive Challenges to Your Client’s Business Practices, August 2015.
  • Co-Author, “Recent Developments In Class Action Law: SCOTUS Tackles the ‘Mass Action’ Provision Under CAFA But Ducks Interpreting The ‘General Public’ Exception In Miss. Ex Rel. Hood V. Au Optronics Corp.,” Federation of Defense & Corporate Counsel (FDCC) Meeting, Banff, Alberta, Canada, August 2015.
  • Presenter, “Recent Developments in Class Action Law: The Class Action ‘Lightning Round,’” Federation of Defense & Corporate Counsel (FDCC) Meeting, Banff, Alberta, Canada, August 2015.
  • Presenter, “Unfair and Deceptive Trade Practice Statues and Damages,” Federation of Defense & Corporate Counsel (FDCC) Meeting, Banff, Alberta, Canada, August 2015.
  • Author, “Mississippi” Section, Compendium on State and Federal Consumer Protection Statutes, Mississippi Section, Defense Research Institute, 2014.
  • Author, The Collateral Source Rule: A Compendium of State Law, Mississippi Section, Defense Research Institute, 2012.
  • Author, Trade Secrets and Non-Competes: A Compendium of State Law, Mississippi Section, Defense Research Institute, 2012.
  • Presenter, Antitrust 2009: A Primer, Defense Research Institute, Commercial and Intellectual Property Litigation Symposium, April 2009.
  • Speaker, Advanced Litigation Skills for Taking Your Case Through Final Verdict, DRI’s Young Lawyers Seminar in San Diego, California, June 7-8, 2007.
  • Author, New Activism from the State Attorneys General: The Parens Patriae Approach, DRI’s For The Defense, August 2006.
  • Program Chair, Advanced Litigation Skills for Taking Your Case Through Final Verdict, DRI’s Young Lawyers Seminar in Miami Beach, Florida, June 15-16, 2006.
  • Author, 50 State Compendium on Covenants Not to Compete, Mississippi Section, Defense Research Institute.
  • Author, Damages Chapter, Mississippi Encyclopedia of Law, 2002.
  • Author, 50-State Compendium on State Consumer Protection Act Statutes, Mississippi Section, Defense Research Institute.
  • Author, 50-State Compendium on State Consumer Protection Act Statutes, Mississippi Section, Product Liability Advisory Council.
  • Author, An Ounce of Prevention Worth Pounds of Cure: Disclosure and Defense of RICO Claims in Force Placed-Insurance Litigation, Mississippi Law Journal, May 1999.

Civic Involvement

  • Foundation for Mississippi History
    • Board Member, 2018-Present
      • Chair, 2023-Present
      • Vice Chair, 2020-2023
    • Oversees the operations of the Two Museums: the Mississippi Civil Rights Museum and the Mississippi History Museum
  • Mississippi Volunteer Lawyers Project
    • Homeless Legal Clinic
      • Legal Director, 2006-2012
  • Mississippi Tort Claims Board
    • Chairman, 2013-2016
  • Metropolitan Bank
    • Advisory Board
      • Chairman, 2014-2017
  • Millsaps College
    • Board of Trustees, 2016-present
  • Millsaps College Else School of Management
    • Advisory Board
  • Millsaps College Alumni Board
  • St. James Episcopal Church
    • Vestry Member
    • Verger
    • Sub-Deacon
    • Acolyte Master
  • Mississippi Symphony Orchestra
    • Encore! Board
      • Past Co-Chair
  • Habitat for Humanity
  • Stewpot Community Services