Robert J. McCully

Rob has a wide variety of trial and litigation experience, which includes practicing as a judge advocate in the U.S. Air Force (criminal prosecution and defense), as a member of the firm's Pharmaceutical and Medical Device Practice (product liability litigation), as senior litigation counsel for the country's second-largest privately held corporation (environmental, commercial, and compliance litigation and issues from the in-house perspective), and as a member of the firm's Business Litigation section (government enforcement matters and complex commercial litigation).

• Government Enforcement Matters | Has represented companies in all aspects of responding to administrative, civil and criminal investigations by federal and state governments, as well as representation of companies in connection with congressional inquiries and investigations.
• Commercial and Complex Litigation | Has represented companies in diverse types of commercial and complex litigation, including as lead counsel in nationwide class action seeking interest for alleged untimely payments for oil production; as lead counsel in commercial contract dispute litigation; as lead counsel in employment discrimination and wrongful termination matters; and as lead counsel in numerous matters involving regulatory disputes with state and federal governments.
• Environmental Litigation | Lead counsel for company in the then-largest Clean Water Act case ever filed by the U.S. Department of Justice, overseeing all aspects of the matter from discovery to summary judgment motions to settlement. Lead counsel for numerous farm cooperatives in groundwater contamination cases, several of which involved Comprehensive Environmental Response, Compensation and Liability Act contribution claims. Lead counsel in federal class action matter alleging loss of fishing/shrimping habitats in Corpus Christi Bay and the Gulf of Mexico as result of oil spill.
• Product Liability Litigation | Represented pharmaceutical companies in nationwide defense of cases involving allegedly defective products.

Representative Matters

Rob has represented Aventis Pharmaceuticals Inc., Boston Scientific, CBRE, Cerner Corporation, GE Capital, GlaxoSmithKline LLC, Goya Foods, Inc., HNTB, Novo Nordisk, Pfizer, Sanofi Synthelabo Inc., Savers, Sprint, WellPet, and Zoetis, among others, in government enforcement and/or complex commercial litigation.

Court denied third-party payor class action. Int'l Union of Operating Eng'rs, Local No. 68 Welfare Fund v. AstraZeneca PLC, No. MON-C193-03 (N.J. Super. Ct., July 2, 2018).

Dismissal of drug pricing overcharge claims; unanimous U.S. Supreme Court held that the plaintiff did not have a cause of action against the defendants. Astra USA, Inc. v. Santa Clara County, 131 S.Ct. 1342 (2011).

Represented companies in numerous federal grand jury investigations related to pharmaceutical pricing and sales/marketing issues–all resolved with no charges against respective clients.

Represented company in Ohio federal grand jury investigation into company’s compliance with federal information security requirements–resolved with no action against client).

Represented companies in numerous state attorneys general investigations, usually involving possible violations of consumer protection acts on behalf of pharmaceutical companies, information technology companies, and consumer products retailers.

Represented pharmaceutical companies in congressional investigations into pricing and sales/marketing issues.

Representation of pharmaceutical companies in False Claims Act qui tam cases involving pricing and or sales/marketing issues.

Representation of pharmaceutical client in litigation brought by Mississippi Attorney General’s office contending violation of State Consumer Protection Act as a result of inadequate product warnings/package insert.