Ryan P. McCarthy defends and advises clients in high-stakes litigation and sensitive government investigations across a range of industries such as life sciences, healthcare, financial services, technology, retail, and education, including numerous Fortune 500 companies and their executive leaders. A strength of Ryan’s practice is defending clients in False Claims Act matters and counseling clients facing internal allegations of legal and compliance problems. Ryan also represents clients in complex civil litigation that arises following government investigations and allegations of fraud.
Ryan’s experience includes investigations and litigation arising under the False Claims Act, Anti-Kickback Statute, Food Drug & Cosmetic Act, Stark Law, Foreign Corrupt Practices Act, National Defense Authorization Act, and the mail/wire fraud, money laundering, bank secrecy, public corruption, and securities laws. Ryan’s litigation matters have spanned mediation, arbitration, trial, and appeals, as well as the negotiation of pleas, deferred prosecution agreements, civil settlements, and corporate integrity agreements.
In healthcare and life sciences, 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.
In the pharmacy space, Ryan’s work has involved 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, clinical trials, reimbursement and other product support, and issues arising from the coronavirus (COVID-19) pandemic.
In complex commercial and class action matters, Ryan has litigated 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.
Comments Editor, University of Pennsylvania Law Review