With more than a decade’s experience in high-stakes litigation and sensitive investigations, Ryan P. McCarthy defends and advises clients in a wide range of industries, including life sciences, healthcare, financial services, technology, retail, and education. Ryan has advised numerous Fortune 500 companies and their executive leaders in criminal and civil litigation and investigations. A particular strength of Ryan’s practice is defending clients in False Claims Act litigation initiated by qui tam whistleblowers. Ryan also represents clients in class actions and other complex commercial litigation, often arising out of white-collar criminal and civil matters.
Ryan advises clients before numerous federal and state agencies, including the US Department of Justice, US Securities & Exchange Commission, US Department of Health & Human Services, US Food and Drug Administration, and state attorneys general. He has advised many Fortune 500 executive leaders and companies on investigations and litigation arising under the False Claims Act, Anti-Kickback Statute, Food Drug & Cosmetic Act, Stark Law, Foreign Corrupt Practices Act, and the mail/wire fraud, money laundering, bank secrecy, public corruption, and securities laws. Ryan has represented many of the world’s leading companies, including multiple global pharmaceutical manufacturers, pharmaceutical distributors, pharmacy benefit managers, health insurers, and retail and specialty pharmacies. Ryan’s litigation experience includes mediation, arbitration, trial, and appeals, as well as the negotiation of pleas, deferred prosecution agreements, civil settlements, and corporate integrity agreements.
In the pharmacy services space, Ryan’s experience spans virtually all aspects of the industry, including retail and mail order pharmacy dispensing operations, pharmacy benefit management, patient adherence programs, discounts and promotions, drug utilization review, coordination of insurance benefits, product rebates and administrative fees, group purchasing organizations, usual and customary pricing, prior authorization, formulary issues, patient privacy, medication compounding, and compliance with USP <797>, FDA, and state pharmacy regulations.
In pharmaceutical manufacturing, promotion, and distribution, Ryan’s work includes litigation and investigations arising from alleged off-label promotion, promotional speaker programs, patient assistance programs, reimbursement and other product support, AWP issues, discount safe harbors, and issues arising from the coronavirus (COVID-19) pandemic.
In complex commercial litigation and class actions, Ryan has defended claims including securities disputes, employment discrimination and retaliation, fraud, breach of contract, professional negligence, trade secrets, breach of fiduciary duty, and unclaimed property disputes.
Ryan serves on the Philadelphia office hiring committee at Morgan Lewis and on the board of directors of ASAP, a nonprofit organization that develops and supports high-quality after-school activities and resources to empower youth and strengthen communities in Philadelphia. Prior to joining Morgan Lewis, Ryan practiced at a national litigation firm in Washington, DC, and served as a law clerk to Judge Anthony J. Scirica of the US Court of Appeals for the Third Circuit.
Multiple global pharmaceutical manufacturers in litigation and investigations concerning alleged violations of the False Claims Act and Anti-Kickback Statute.
Leading pharmacy benefit manager in investigations and litigation concerning alleged violations of the False Claims Act and Anti-Kickback Statute.
Multiple national retail and specialty pharmacies in investigations and litigation concerning alleged violations of the False Claims Act and Anti-Kickback Statute.
Leading pharmaceutical distributor in a parallel criminal and civil investigation and prosecution involving alleged violations of the Food, Drug, and Cosmetic Act; False Claims Act; and Anti-Kickback Statute, and in the negotiation of a corporate integrity agreement.
CEO in federal court litigation brought by the Securities and Exchange Commission, with a favorable eve-of-trial settlement.
Financial institution in litigation alleging a violation of a state False Claims Act arising from an unclaimed property statute.
Financial services provider in litigation arising from an alleged multibillion-dollar Ponzi scheme.
Global payments provider in an investigation involving alleged transactions in illicit goods.
Fortune 100 company in a multiyear global investigation and resolution with the Department of Justice and Securities and Exchange Commission relating to alleged violations of the Foreign Corrupt Practices Act, and parallel civil litigation.
Leading retailer in class actions involving alleged violations of data privacy laws.
Medical device manufacturer in trade secret litigation.
Healthcare industry executives in matters involving alleged violations of federal and state law.
Professional financial services firm in a trial alleging fraud and breach of contract.
University of Pennsylvania Law School, 2007, J.D., cum laude
New York University, 2003, B.A., Economics, Politics, cum laude
District of Columbia
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fifth Circuit
US District Court for the District of Columbia
US District Court for the Central District of Illinois
US District Court for the Eastern District of Pennsylvania
US District Court for the Eastern District of Wisconsin
Clerkship to Judge Anthony J. Scirica of the US Court of Appeals for the Third Circuit
Awards and Affiliations
Comments Editor, University of Pennsylvania Law Review