Ryan P. McCarthy

Ryan’s experience spans 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, environmental, and securities laws, as well as laws enforced by state attorneys general. Ryan handles arbitrations, bench and jury trials, and appeals, and negotiates criminal resolutions, civil settlements, and corporate integrity agreements.

In healthcare and life sciences, Ryan’s experience crosses the industry landscape, including the defense of multiple global pharmaceutical manufacturers, distributors, pharmacy benefit managers, health insurers, telemedicine providers, and retail, mail-order, and specialty pharmacies.

In the pharmacy space, Ryan has advised and defended clients on a wide variety of issues, 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, usual and customary pricing, prior authorization, formulary issues, patient privacy, medication compounding, and compliance with USP 797, US Food and Drug Administration (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.

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.