Harvey Bartle

Harvey has served as lead counsel for pharmaceutical and product manufacturers, technology companies, retailers, and financial services companies in a broad range of complex civil matters, including public nuisance, False Claims Act, product liability, insurance coverage, intellectual property, and contract disputes. He has tried and arbitrated matters throughout the country and has a significant background with federal multidistrict litigation and state coordinated actions.

In white collar matters, Harvey conducts internal investigations and represents publicly traded and privately held corporations as well as individuals in connection with US Department of Justice (DOJ), US Securities and Exchange Commission (SEC), and state attorney general investigations.

Before joining Morgan Lewis, 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. During his last two years as an Assistant US Attorney, Harvey was 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.  After college, 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.

State Attorney General Litigation

• Lead trial counsel for major pharmaceutical manufacturer in six-month liability jury trial in New York state court against claims seeking billions of dollars in damages and abatement for public nuisance in connection with the manufacture and distribution of opioid medicines 
• Lead trial counsel for major pharmaceutical manufacturer in two-month bench trial in West Virginia state court against claims seeking billions of dollars in damages and abatement for public nuisance and consumer protection claims in connection with the manufacture and distribution of opioid medicines 
• Lead trial counsel for major pharmaceutical manufacturer in Nevada and Oklahoma state courts against claims seeking billions of dollars in damages and abatement for public nuisance and consumer protection claims in connection with the manufacture and distribution of opioid medicines; matters settled on eves of trial

Government and Internal Investigations

• Represented clients in connection with parallel DOJ and SEC investigations involving accounting practices, securities fraud, and insider trading; investigations concluded with no charges
• Represented client in connection with state attorney general criminal investigation related to tax incentive programs; investigation concluded with no charges
• Represented privately held corporation in DOJ False Claims Act investigation related to National Science Foundation grant; matter resolved before litigation
• Led internal investigations for corporate clients related to the fraud and misconduct by senior leadership, employee theft of intellectual property, employee “ghost company” fraud, and conversion of company property

Insurance Coverage Litigation

• 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 10-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 was granted in favor of client that insurer was required to renew the policy

Other Litigation

• Lead counsel for closely held high-frequency trading LLC and four of its members in multimillion-dollar trade secret and fraud arbitration; matter settled favorably for clients
• Lead counsel for pharmaceutical manufacturer in putative class action in New Jersey federal court alleging that manufacturer’s false marketing caused an improper increase in plaintiff’s health insurance premiums; court’s grant of motion to dismiss with prejudice was affirmed on appeal
• Lead counsel for pharmaceutical manufacturer in action brought in Maine state court alleging that manufacturer’s false marketing caused private hospitals to incur significant costs related to opioid misuse; court granted motion to dismiss with prejudice
• Lead counsel for closely held venture capital LLC in Pennsylvania federal court alleging that the LLC and its members failed to make a promised multimillion-dollar investment; matter 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 Uniform Gifts to Minors Act (UGMA) account for his own use; case dismissed with prejudice with no liability for client