Ryan J. McEwan focuses his practice on complex civil and class action litigation in state and federal court. Since joining the firm, he has participated in all phases of antitrust litigation, including pre-filing investigation, law and motion practice, discovery, pre-trial, jury selection, trial, and appellate briefing. Representative matters include:
- Carfax Antitrust Litigation: The firm represents more than 400 auto dealerships in a lawsuit against Carfax. The suit alleges that Carfax unlawfully entered into exclusive dealing contracts with various auto manufacturers and leading websites that post used car ads, restricting competition in vehicle history reports and leading to higher prices and a lower quality product;
- Cipro Antitrust Litigation: The firm represents a class of California consumers and insurers who brought antitrust claims against Bayer Corporation, Barr Laboratories, and other generic drug companies, alleging that the companies paid drug manufacturers to delay the release of a Cipro alternative. Settlements totaling $399 million fully resolved Plaintiffs’ claims against Defendants;
- Generic Drug Price-Fixing Antitrust Litigation: The firm is on the Plaintiffs’ Steering Committee representing U.S. consumers and insurers in a multidistrict antitrust litigation accusing a large number of generic drug manufacturers with conspiring to fix and raise prices for 18 generic medications. In the past few years, prices for these drugs have skyrocketed by more than 1,000 percent. Consumers blame the companies for engineering these price hikes, eliminating the benefits of competition, and forcing them to pay exorbitant prices. The firm is also currently investigating many other generic drugs for potential class action claims;
- Global Distribution System (GDS) Technology Antitrust Litigation: The firm represents U.S. air travel consumers in a class action lawsuit against the leading providers of GDS technology, alleging that the companies imposed unlawful contractual constraints on airlines that remove the airlines’ leverage to negotiate lower GDS fees and to develop alternative technologies;
- Lidoderm Antitrust Litigation: The firm serves as Liaison Counsel for Lidoderm End-Payors in a class action lawsuit against Endo Pharmaceuticals Inc., Teikoku Seiyaku Co., Inc., and Actavis Inc., along with their respective subsidiaries. The suit alleges that the companies entered into an illegal reverse payment agreement, forcing companies and consumers to pay higher prices for the Lidocaine-based pain patch, Lidoderm.
- Opana Antitrust Litigation: The firm represents a Plaintiff in a proposed class action brought by California indirect purchasers against brand and generic manufacturers of Opana ER. Plaintiff alleges that Defendants Endo Pharmaceuticals Inc. and Impax Laboratories entered an illegal pay-for-delay or reverse payment agreement whereby Endo provided Impax over $100 million in cash, as well as other valuable consideration, in exchange for Impax’s promise to keep generic versions of Opana ER off the market. Plaintiff alleges this prevented generic competition and resulted in higher prices. In addition, Plaintiff alleges that Endo attempted an unlawful product hop in an effort to further raise prices to consumers.
Ryan was selected as an Honoree for the American Antitrust Institute 2017 Antitrust Enforcement Awards for Outstanding Antitrust Litigation Achievement by a Young Lawyer for his work on In re Cipro Cases I and II. He was named “Antitrust California Lawyer Attorney of the Year” in the Daily Journal/California Lawyer 2016 CLAY Awards. In 2015-2018, he was named a Northern California “Rising Star” Super Lawyer by Thomson Reuters’ Super Lawyers Publication.
Ryan is the co-author of Deactivating Actavis: The Clash Between the Supreme Court and (Some) Lower Courts, 67 Rutgers U. L. Rev. 557. Prior to joining the firm, he served as a fellowship attorney in the Antitrust Section of the California Department of Justice.
During law school, Ryan served as a judicial extern to the Honorable John E. Munter of the San Francisco Superior Court, Complex Litigation Department. As an extern to Judge Munter, he focused on complex commercial litigation, including contractual disputes, intellectual property rights, and employment class actions.