Ralph C. Mayrell
Ralph represents clients, as both plaintiffs and defendants, in consequential commercial disputes involving significant financial exposure, critical business interests, and precedent-setting legal questions across a wide range of industries, including health care, pharmaceuticals and medical devices, food and consumer products manufacturing, venture capital, municipal and commercial lending, and financial services. In addition to bringing and defending against major commercial lawsuits, he has also defended clients in multibillion-dollar antitrust claims, precedent-setting False Claims Act appeals, and high-stakes civil anti-racketeering claims.
Ralph provides end-to-end counsel and representation, from advising clients on pre-litigation strategy, determining case architecture, and developing witness and discovery strategies, to briefing and arguing dispositive motions, leading trial teams, and handling appeals. He has a particular interest in cases involving complex statistical, economic and technical issues, and has developed novel strategies for successfully challenging opposing experts in depositions and at trial that have persuaded judges to exclude or reject the opinions of critical experts.
Ralph has significant experience representing lenders and borrowers in restructuring- and bankruptcy-related litigation. He recently represented a major borrower in defending a liability management transaction at a trial in Delaware Chancery Court, where he cross-examined the plaintiff’s key expert. He then represented that same borrower as a Chapter 11 debtor in New Jersey bankruptcy court, cross-examining a different expert at a critical contested hearing and then defending settlement and confirmation orders on appeal. Previously, he represented holders of more than $3 billion in revenue bonds in defending a lien challenge and litigating a three-day claim-estimation hearing. Ralph has also successfully defended fraudulent transfer and preference claims, represented a debtor’s disinterested director at trial as independent counsel, and represented an indenture trustee in a hotly contested municipal conduit bond-related hospital bankruptcy, challenging the retention of debtors’ counsel and aspects of the DIP financing.
In addition to his litigation work, Ralph regularly joins the firm’s Special Situations team in advising borrowers, lenders, and hedge funds in distressed situations, refinancings and liability management transactions. He also advises clients considering transactions involving litigation issues, in particular assessing risks arising from transactions with the U.S. government or contractors.
Ralph lends his litigation skills to pro bono representations. He has won through trial and appeal collectively $4 million dollars and official apologies for three wrongfully convicted and imprisoned men in Baltimore. He has also represented prisoners seeking compassionate release, veterans seeking disability benefits, public officials and rule of law organizations defending election integrity, non-violent student protestors defending against criminal prosecution, immigrants challenging their unlawful detention, and low-income tenants facing eviction, among others.
Experience & capabilities
Selected matters
- Bankruptcy and Restructuring Litigation
Represented Del Monte Foods, Inc., as debtor in a Ch. 11 bankruptcy in the District of New Jersey, including cross-examining the key law professor expert presented by objecting minority lenders at a contested settlement hearing and leading the defense on appeal of orders approving a global settlement and confirming the debtors’ bankruptcy plan.
Represented Del Monte Foods, Inc., in defending a liability management transaction involving a drop-down against a Section 225 action brought in Delaware Chancery Court by minority lenders seeking control of the company, including presenting the key industry expert and crossing the plaintiff’s expert at trial.
Represented holders of more than $3 billion of PREPA revenue bonds during PREPA’s restructuring proceedings, including defending a lien-challenge adversary proceeding, litigating a three-day claim-estimation hearing, and investigating and briefing objections to a plan of reorganization.
Represented, as part of a team of special litigation and investigations counsel, upstream oil and gas company Alta Mesa Holdings in the company’s Chapter 11 case, including conducting a related-party-claims investigation and going to an expedited trial on the status of the midstream contracts.
Represented municipal bondholders in a potential Minnesota trust instruction proceeding (or TIP) with an energy company concerning the treatment of moneys held in a construction fund under an indenture and loan agreement, resulting in a favorable pre-litigation settlement.
Defended Hong Kong-based Li & Fung Trading, a buying agent, against fraudulent transfer and preference claims arising out of the Global Brands Group bankruptcy, resulting in a favorable settlement.
Represented a municipal bond indenture trustee in a successful pre-litigation effort to persuade a private equity entity to surrender control of the nonprofit hospital responsible for payment of the bonds.
Defending a foreign holding company against fraudulent transfer claims brought by a litigation trust for a U.S. branding company’s bankruptcy estate challenging a dividend and a shareholder loan repayment, including cross-examining the trustee’s solvency expert.
Represented a municipal bond indenture trustee in litigating multiple disputes in bankruptcy court against the debtor, which is a nonprofit hospital, and the creditors’ committee, including challenging a novel carveout obtained by the creditors’ committee, the retention of debtors’ counsel by a related party, and aspects of the DIP financing in multiple oral arguments evidentiary hearings.
- Antitrust and Trade Litigation
Defended a Fortune 500 pharmaceutical company against antitrust claims brought by a competitor seeking billions of dollars on allegations related to the client’s rebate agreements with pharmacy benefit managers, obtaining summary judgment.
Defended a Fortune 500 pharmaceutical company against a consumer class action seeking billions of dollars based on an anticompetitive pay-for-delay agreement involving an alleged trade of settlements on two unrelated patent cases, resulting in a favorable settlement on the cusp of trial.
Defended a manufacturer of plastic foam food service products in an antitrust case in which a potential competitor and supplier alleged a boycott, obtaining summary judgment and successfully defending the decision on appeal.
Defended on appeal a snack food manufacturer against a Lanham Act claim brought by a competitor.
* Indicates matters handled prior to joining the firm.
- False Claims and Government Contracts Litigation
Defended a government-supported health plan in an intervened qui tam alleging the plan was overpaid by the Department of Defense as a result of errors in the calculation of capitation payments by government actuaries, resulting in a favorable settlement.
Defended a wartime logistics contractor against False Claims Act allegations in multiple cases brought by qui tam relators and directly by the United States alleging fraud and kickbacks in subcontract administration and cost-contracting in trial courts and on appeal.*
Represented a wartime logistics contractor in bringing two successful mandamus petitions challenging district court rulings that would have compelled production of privileged internal investigation files to a False Claims Act relator.*
Defended a wartime prime vendor contractor based outside the United States against a False Claims Act action brought by a qui tam relator, successfully challenging service of process on appeal.*
Represented a wartime prime vendor contractor seeking payment from the government on appeal from the Armed Services Board of Contract Appeals, obtaining a reversal and remand based on the argument that the government had breached its implied duty of good faith and fair dealing.*
Represented a Medicaid dental plan provider in challenging a government contracts award to a competitor in state court.*
* Indicates matters handled prior to joining the firm.
- Health Care Litigation
Defended a national health care practice against fraud claims brought by a health insurer alleging upcoding in the provider’s billing based on statistical analyses of billing patterns.
Defending a hospital system against fraudulent transfer and unlawful dividend claims related to a spinoff transaction.
Represented a mental health care provider in challenging adverse OSHA and Occupational Safety and Health Review Commission (OSHRC) administrative decisions on appeal.
Represented a national physician’s practice in an arbitration with a billing vendor concerning performance.
- Pro Bono
Represented a man convicted of a federal threat charge in the U.S. Supreme Court, resulting in the invalidation of the negligence standard under the federal threats statute.*
Obtained a favorable settlement for a Baltimore, Maryland, man exonerated of a murder and a nonfatal shooting through litigation, communication with the media, and negotiations with the state.
Obtained a $1 million judgment for a Baltimore, Maryland, man exonerated of conspiracy to commit murder after briefing an appeal, supporting advocacy for the legislature to amend the law, and taking the case to trial on the man’s actual innocence.
Obtained a $2.7 million judgment for a Baltimore, Maryland, man exonerated of conspiracy to commit murder after obtaining a remand on appeal to allow for the submission of newly obtained evidence and then taking the case to a supplemental evidentiary hearing on the man’s actual innocence.
Represented an election official in a politically sensitive defamation case against a political candidate.
Obtained favorable settlements in mediation after litigation for low-income tenants facing eviction or wrongfully withheld deposits.
* Indicates matters handled prior to joining the firm.
Sectors
Background
Education
- J.D., with honors, The University of Texas School of Law, 2013
- Order of the Coif
- Book Review Editor, Texas Law Review
- Associate Editor, Texas Journal on Civil Liberties & Civil Rights
- A.B., cum laude, Social Studies, Harvard College, 2009
Bar Admissions
Court Admissions
- U.S. Supreme Court
- U.S.C.A., 1st Circuit
- U.S.C.A., 2nd Circuit
- U.S.C.A., 3rd Circuit
- U.S.C.A., 5th Circuit
- U.S.C.A., 9th Circuit
- U.S.C.A., 10th Circuit
- U.S.C.A., Federal Circuit
- U.S.C.A. for Veterans Claims
- U.S.D.C., District of Columbia
- U.S.D.C., District of Maryland
- U.S.D.C., Central District of Illinois
Recognition
Thomson Reuters’ Washington, DC, Super Lawyers, Rising Star*
* No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the Super Lawyers selection methodology can be found here.