Marc Davies focuses his environmental practice on a wide range of issues involving litigation arising from permitting disputes, contaminated sediment and groundwater sites, as well as allocating liability for, and negotiating remediation of, complex Superfund sites. Marc works with consultants and expert witnesses in developing science-based challenges to governmental decisions involving air and water quality modeling, the relative merits of competing risk assessments, groundwater and sediment contamination, and Natural Resource Damage claims. He is also experienced with regulatory compliance and real estate, business and financial transactions. Marc has a Master's Degree in Environmental Science that included air and water modeling work, and has taught a course entitled "Fundamentals of Water Law in Pennsylvania: Protecting Water Rights, Use and Quality," and co-authored all materials for course participants.
As a member of the Litigation Practice, Marc is experienced with product liability and mass torts, white collar criminal defense, mergers and acquisitions, and private equity. Marc's practice encompasses assisting pharmaceutical and industrial clients in responding to governmental investigations and criminal prosecutions involving the FDA, NRC and EPA, and a range of civil matters, including acting as independent counsel for senior business managers and scientists involved in civil and criminal actions.
Marc also advises a variety of Scandinavian companies regarding the purchase, sale and operation of their U.S.-based subsidiary corporations.
Areas of Concentration
· Environmental litigation
· Products liability and mass torts
· Superfund and contamination
· Regulatory compliance
· White collar criminal defense
Professional & Community Involvement
· Board Member, Evolve Foundation, Board of Directors
· Co-Chair, Philadelphia Bar Association, Energy and Environmental Law Committee
· Adjunct Professor, Rutgers School of Law, Environmental Litigation, 2013
· Acted as part of national team preparing and defending sales managers, high-level scientists and doctors in depositions in state and federal courts across the country, and supported trial team in Vioxx litigation, 2005-2009:
- Kozic v. Merck & Co., Inc. (October 2007, Hillsboro County (Tampa), Florida) - Last Vioxx case to be tried, resulted in defense verdict after three-week jury trial.
- Berwick v. Merck & Co., Inc. (March 2007, Los Angeles County, California) - Vioxx trial which was dismissed with prejudice during jury selection.
- Acted as member of the trial team for Albright v. Merck, in the Circuit Court of Jefferson County, Alabama; CV-05-2316. Served as independent counsel for several potential witnesses. Three week jury trial resulted in defense verdict, December 2006. Circuit Court Judge J. Scott Vowell presiding.
- Acted as lead attorney for numerous Merck employees involved in confidential, related litigation in Boston, Massachusetts.
- Acted as independent counsel representing Merck's senior medical director for Louisiana in economic loss suit brought by state's attorney general, State of Louisiana, ex rel. James D. Caldwell, Attorney General v. Merck & Co, Inc., U.S. District Court Judge Eldon Fallon of the Eastern District of Louisiana presiding. Bench trial resulted in defense verdict June 2010.
· Represented clients in facilitating brownfields transactions, conducted due diligence, and negotiated contract language associated with corporate and real estate transactions as well as insurance coverage disputes.
· Drafted a winning 10th Circuit brief that created an additional hurdle in determining the liability of a parent corporation for the activities of its subsidiaries in Raytheon Const. Corp. v. ASARCO, 56 ERC 1024 (10th Cir. 2003).
· Represented an employee of a pharmaceutical company in product liability litigation involving its atypical anti-psychotic drug.
· Acted as counsel in numerous matters. Among those resulting in opinions or resolved by judgment or settlements approved by the tribunal are:
- Appleton Papers Inc. v. George A. Whiting Paper Co., No. 2:08-CV-16-WCG (E.D. Wis. summary judgment granted Dec. 16, 2009).
- Appleton Papers Inc. v. George A. Whiting Paper Co., 572 F. Supp. 2d 1034 (E.D. Wis. 2008).
- United States v. P.H. Glatfelter Co. ("Lower Fox River and Green Bay OU-1"), No. 2:03-CV-949-LA (E.D. Wis. Consent decree entered April 12, 2004 and agreed supplements filed May 7 and Nov. 13, 2007, and amended consent decree entered Aug. 13, 2008).
- Reynolds v. Rick's Mushroom Service, Inc., Civil Action No. 01-3773 (E.D. Pa. Consent decree entered Dec. 1, 2006 and work plan approved July 30, 2007).
- BP Products North America, Inc. v. Department of Environmental Protection, No. 2005-032 (Pa. EHB consent adjudication approved April 12, 2007).
- Seneca Resources Corp. v. Department of Environmental Protection, No. 2004-010 (Pa. EHB consent adjudication approved April 28, 2006).
- National Fuel Gas Supply Corp. v. Department of Environmental Protection, 2005 Pa. Environ. LEXIS 65 (Pa. EHB Oct. 26, 2005).
- Collins & Aikman Products Co. v. Teleflex, Inc., 847 So. 2d 1143 (Fla. App. 2003).
- Collins & Aikman Products Co. v. Sermatech Engineering Group, Inc., 297 A.D.2d 248, 746 N.Y.S.2d 698 (2002).
Some of the above matters were handled by Mr. Davies prior to his joining Greenberg Traurig, LLP.
· Law Clerk, Justice Russell M. Nigro, Supreme Court of Pennsylvania
· Law Clerk, U.S. Environmental Protection Agency, Region III Office
· Law Clerk, U.S. Department of Justice, Division of Environment and Natural Resources
Publications & Presentations
Articles, Lectures & Publication s
· Presenter, "The Environment and Natural Gas Development: Various Approaches to Uncertainty and Decision Making," Pennsylvania Bar Institute, Fall 2012
· Author, "Water Resource Planning Act: Pennsylvania's Blueprint for Land Development," Temple Environmental Law and Technology Journal, Fall 2004
· Author, "Regulators Turn Heat Up on Environmental Labs," Environmental Regulation and Permitting, Fall 1999