Grant & Eisenhofer
123 S Justison St Ste 600
Kyle McGee is a director at Grant & Eisenhofer. Mr. McGee’s practice includes public entity representation as well as whistleblower/qui tam, consumer protection, securities, commodities, ERISA, and environmental litigation. Mr. McGee has held leading roles in cases recovering hundreds of millions of dollars for defrauded investors, consumers, workers, and public treasuries.
Mr. McGee currently works with different state Attorneys General in litigation matters against Monsanto Co. arising out of statewide environmental contamination allegedly caused by the company and its toxic polychlorinated biphenyls (PCBs) and against GlaxoSmithKline LLC relating to its marketing and sales of drugs including Paxil, Wellbutrin, and Zofran. He is a court-appointed member of the international liaison committee in the global consumer class action against Apple, Inc., arising out of its alleged throttling of iPhone/iPad device performance in 2017. He is a member of teams prosecuting consumer protection claims against Volkswagen, Audi, and Porsche in relation to the “Dieselgate” scandal, and against General Motors in relation to its allegedly faulty ignition switches. In addition, Mr. McGee represents numerous relators in confidential whistleblower actions under the federal and various state False Claims Acts, as well as the whistleblower programs managed by the Securities & Exchange Commission and Commodity Futures Trading Commission.
Representative actions in which Mr. McGee played a principal role include:
In re Merck & Co., Inc. Vytorin/Zetia Securities Litigation (D.N.J.), a major securities fraud action against pharmaceutical industry titan Merck & Co., Inc. that settled for $215 million, jointly prosecuted with a related action, In re Schering-Plough Corp. ENHANCE Securities Litigation (D.N.J.), resulting in a $688 million total recovery—together, the largest securities class action recovery against a pharmaceutical company at the time, and among the top securities settlements with any issuer.
Des Roches, et al. v. Blue Shield of California, Inc., et al. (N.D. Cal.), an ERISA class action brought by three parents of minors denied coverage for mental health and/or substance use disorder treatment by Blue Shield of California and its mental health services administrator, Human Affairs International of California (a subsidiary of Magellan Health, Inc.), based on allegedly faulty criteria, which resulted in the defendants’ inability to resume use of the challenged criteria and other significant injunctive relief, as well as a $7 million fund for payment of allegedly improperly denied claims
In re New Oriental Education & Technology Group Securities Litigation (S.D.N.Y.), a securities fraud action against China-based New Oriental Education & Technology Group relating to alleged accounting manipulations, which settled for $4.5 million.
In re Miller Energy Resources, Inc. Securities Litigation (E.D. Tenn.), a securities fraud action against oil and gas firm Miller Energy regarding alleged accounting manipulations, which settled for approximately $3 million.
In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation (N.D. Cal.), a consumer class action against Volkswagen, Audi, Porsche, and Robert Bosch LLC, arising out of the “Dieselgate” scandal, which resulted in an unprecedented vehicle buyback program and other relief valued at approximately $15 billion.
British Coal Staff Superannuation Scheme, et al. v. American International Group, Inc. (S.D.N.Y.), a securities fraud action brought by a number of public pension and retirement funds and other institutional investors against AIG in relation to its alleged concealment of toxic assets during the 2008 financial crisis, which resulted in a substantial investor recovery.
Stichting Pensioenfonds ABP, et al. v. Merck & Co., Inc., et al. (D.N.J.), a securities fraud action brought by a number of public pension and retirement funds and other institutional investors against Merck & Co., Inc., and its former leadership, in relation to the company’s allegedly false statements concerning Vioxx, which resulted in a substantial investor recovery.
Mr. McGee earned a postgraduate research degree, with honors, in the history and philosophy of law from the University of Edinburgh. In 2009, he received his J.D., cum laude, from Villanova University, where he was a Dean’s Merit scholar. In 2005, he received a B.A. in philosophy as well as media technologies from the University of Scranton.
University of Edinburgh Law School, LL.M.(R) (Hons.) (2009)
Delaware, New Jersey, U.S. Court of Appeals for the 2nd Circuit, U.S. District Court for the District of DE, U.S. District Court for the District of NJ