Harvey Bartle IV

Harvey has served as lead counsel in a broad range of complex civil matters, including mass tort, product liability, insurance coverage, intellectual property, and contract disputes. Most recently, Harvey served as lead trial counsel representing publicly traded pharmaceutical manufacturers in two back-to-back high-profile trials brought by state attorneys general seeking billions of dollars in damages and abatement for public nuisance and consumer protection claims in connection with the nationwide opioid litigation. The first trial was a seven-month jury trial in New York state court. The second was a two-month bench trial in West Virginia state court. In addition to those trials, Harvey also served as trial counsel for defense of claims for the Track 1 trial in the federal opioid multidistrict litigation in the US District Court for the Northern District of Ohio, and for claims brought in Oklahoma state court. Both of those cases were settled on the eve of multi-month trials. Harvey also obtained a dismissal of an opioid-related class action brought by insurance payors in New Jersey state court that was affirmed on appeal. Harvey serves as lead counsel for similar matters filed by attorneys general, district attorneys, municipalities, and class action plaintiffs pending in other jurisdictions throughout the United States.

In criminal and government civil enforcement matters, Harvey draws on his experience as a federal prosecutor to conduct internal investigations and to represent publicly traded and privately held corporations, and individuals in connection with US Department of Justice, US Securities and Exchange Commission, and state attorney general investigations. Harvey served for eight years as an Assistant US Attorney in the District of New Jersey, where he prosecuted public corruption, government fraud, commercial bribery, money laundering, and cyber and tax crimes. His first chair jury trials included high-profile cases involving prominent public officials and resulted in precedential appellate opinions regarding conspiracy and extortion under the Hobbs Act. Harvey also served as the Attorney-in-Charge of the US Attorney’s Trenton office, where he led the day-to-day operations and oversaw all aspects of the office’s criminal investigations, prosecutions, and trials.

In insurance matters, Harvey has successfully led multi-million-dollar coverage claims against insurers in state and federal courts involving product and technology liabilities, wrongful death actions, and bad faith. Those successes have included favorable resolutions without litigation and wins at summary judgment and on appeal, including obtaining the reversal of decisions of trial courts in favor of insurers.  

Harvey is a graduate of Princeton University and of Temple University School of Law, from which he graduated cum laude and where he served as the managing editor of the Temple Law Review. Before attending law school, Harvey served for five years as an infantry officer in the US Marine Corps. His deployments spanned the globe, and his billets included platoon commander and company executive officer.

Insurance Recovery

• Lead counsel for racetrack in breach of contract and bad faith action in Pennsylvania state court regarding insurer’s refusal to cover punitive damage award related to wrongful death lawsuit. Argued appeal that resulted in summary reversal of trial court’s finding in favor of insurer and full coverage of the punitive damage award.
• Lead counsel for manufacturer in breach of contract action in Pennsylvania federal court regarding an insurer’s failure to renew ten-year environmental policy that contained an automatic renewal provision. Trial court’s initial grant of summary judgment to insurer was reversed on appeal and, on remand, summary judgment granted in favor of client that insurer was required to renew the policy.
• Lead counsel for insured in dispute over coverage for damage to multi-million dollar yacht.  Insurer not only paid in full for damage but also reimbursed client’s attorney fees and costs, without the filing of litigation.
• Lead counsel for manufacturers in coverage actions in Illinois and Pennsylvania federal courts regarding coverage for asbestos-related bodily injury claims.
• Counsel for manufacturer in putative bad faith class action in Connecticut federal court regarding excess insurer’s interpretation of policies’ coverage grant. Case settled after argument on motions for summary judgment.
• Counsel for manufacturer in breach of contract action in New Jersey state court regarding insurers’ refusal to cover environmental liabilities related to former manufacturing sites. After three-week bench trial, judgment awarded in favor of insured. 

Government and Internal Investigations, and White Collar Matters

• Represent corporations and individuals in connection with USDOJ, SEC, and state attorney general investigations.
• Led internal investigations for publicly traded and private corporations, including related to the fraud and misconduct by senior leadership, employee theft of intellectual property, employee “ghost company” fraud, and conversion of company property.
• Represented privately held corporation in False Claims Act investigation related to National Science Foundation grant. Negotiated favorable settlement with USDOJ prior to the initiation of litigation.

Other Litigation

• Lead counsel for closely held high-frequency trading LLC and four of its members in multi-million dollar trade secret and fraud arbitration. After three week arbitration, matter was settled favorably for clients.
• Lead counsel for pharmaceutical manufacturers in putative class action in New Jersey federal court alleging that manufacturers’ marketing of opioids caused an improper increase in plaintiff’s health insurance premiums. Court granted motion to dismiss after argument.
• Lead counsel for closely held venture capital LLC in Pennsylvania federal court alleging that LLC and its members failed to make a promised multi-million dollar investment. Case settled favorably for client.
• Lead counsel for financial services firm in New Jersey state court against allegations that it failed to prevent a trustee from transferring funds from UGMA account for his own use. Case dismissed with prejudice with no liability for client.
• Lead counsel for beverage company in arbitration against one of its distributors regarding scope of distribution agreement. Case settled favorably after filing of demand for arbitration.