Christopher H. Casey is a first-chair trial lawyer who concentrates his practice in the areas of white-collar defense and criminal and civil antitrust litigation, and has particular experience with the healthcare, pharmaceutical, financial services and food industries. Mr. Casey previously worked in the Associate Attorney General's Office of the United States Department of Justice, the Federal Trade Commission, and as an Assistant United States Attorney. Relying on his government experience, he regularly conducts internal investigations for his clients.
As a Deputy Associate Attorney General from 2014 to 2016, Mr. Casey advised top officials in the DOJ on the formulation and execution of policy in the areas of financial fraud, antitrust, tax and bankruptcy. Mr. Casey’s oversight responsibilities included the Antitrust Division, the Tax Division, and the United States Trustee Program.
He was one of two deputies to the Associate Attorney General—the Department’s third-highest ranking official—who supervised the Department’s cases against the world’s largest financial institutions for the fraudulent packaging and sale of Residential Mortgage-Backed Securities (RMBS). In this role, he worked with the President’s Financial Fraud Enforcement Task Force and RMBS Working Group, as well as lawyers in the Department’s Civil Division and in U.S. Attorney's Offices throughout the country. Those cases produced multibillion-dollar settlements with some of the world's largest financial institutions. He also worked with the leadership of the United States Trustee Program, the watchdog of the U.S. bankruptcy system, on investigations of mortgage-loan servicing violations by major financial institutions.
While at the DOJ, Mr. Casey led the Department's development of a first-ever policy for selection of compliance monitors in civil corporate settlements. Working with the Antitrust Division, he led the Department's response to the White House Executive Order on Competition in 2016. Mr. Casey was also part of the working group that developed the Department's September 2015 policy statement on "Individual Accountability for Corporate Wrongdoing" (the "Yates Memorandum").
In addition to the DOJ, Mr. Casey spent nearly six years litigating antitrust merger challenges at the FTC in Washington, primarily in the healthcare, telecommunications, energy, chemical and food industries.
As Assistant United States Attorney for the Middle District of Pennsylvania from 1999 to 2006, Mr. Casey prosecuted felony white-collar, narcotics, firearms and immigration crimes.
Mr. Casey earned his J.D. from The George Washington University Law School and his B.A. in mathematics from the College of the Holy Cross.
Areas of Practice
White-Collar Criminal Defense
Antitrust and Competition
Regulatory Compliance
Representative Matters
Federal Trade Commission, et al. v. Vyera Pharmaceuticals LLC, et al: Lead attorney for former pharmaceutical executive Martin Shkreli defending against complaint brought by FTC and seven state attorneys general alleging monopoly maintenance and anticompetitive conduct under the Sherman Act (S.D.N.Y.); lead trial counsel in 8-day bench trial before Judge Denise L. Cote.
United States v. CVS Health Corp, et al.: Lead attorney in first and only evidentiary hearing with live witnesses in the nearly 50-year history of the Tunney Act, on behalf of the AIDS Healthcare Foundation, amicus curiae participant in challenge to CVS Health/Aetna merger, before Judge Richard J. Leon (D.D.C.).
Conducted analysis of antitrust risk of proposed merger of large Pennsylvania-based healthcare delivery systems.
Represented packaged seafood company against allegations of price-fixing.
Successfully defended aviation fuel refiner against refusal to deal claims by retailer in Hawaii state court.
Represented airline in dispute with competitor raising potential antitrust issues.
Obtained business review letter from DOJ Antitrust Division approving merger creating largest physician network in northeastern Pennsylvania.
- In re Polyurethane Foam Antitrust Litigation - Successfully represented executive in price-fixing class action litigation (N.D. Ohio).
- In re Chocolate Confectionary Antitrust Litigation - Liaison counsel for indirect purchaser class in nationwide price fixing class action (M.D. Pa.).
- In re Mushroom Direct Purchaser Antitrust Litigation - Represented mushroom grower defending price-fixing class action in federal court (E.D. Pa.).
Represent Pennsylvania educational training and testing firm in internal investigation arising out of Pennsylvania Department of Transportation’s termination of contract for testing of commercial driver’s license (CDL) applicants.
Achieved declination of prosecution from U.S. Attorney’s Office and DOJ Public Integrity Unit for former congressional candidate for alleged campaign finance violations.
Represent executive in pharmaceutical industry defending against federal False Claims Act case.
Represented national trucking company defending lawsuit by Massachusetts Attorney General alleging environmental and safety violations; matter resolved with a settlement the client found favorable.
Represent pharmaceutical software company in federal False Claims Act case.
Represented defendant charged by U.S. Attorney’s Office with filing false tax returns; after defendant pled guilty, sentencing guidelines called for range of 10 to 16 months imprisonment, but the court granted motion for downward variance and sentenced defendant to probation. (United States v. Kauffman, E.D.Pa.).
Represented Pennsylvania internet retailer defending investigation by Pennsylvania Office of the Attorney General for price-gouging arising from COVID-19 pandemic.
Represented national manufacturing company in bid-rigging investigation by DOJ Antitrust Division.
Successfully defended manufacturer of wastewater treatment systems against subpoena by Antitrust Section of Pennsylvania Attorney General’s Office in bid-rigging investigation.
Conducted internal investigation of allegations of commercial bribery for national food service company.
Conducted internal investigation of possible violations of wiretapping laws for national health care company.
Lead counsel for Pennsylvania House Democratic Caucus defending investigation by Pennsylvania Office of Attorney General of alleged illegal use of government resources, known as “Bonusgate”.
Lead counsel defending investigation by U.S. Attorney’s Office (E.D. Pa.) of sitting member of Congress.
Lead counsel for Pennsylvania Senate Democratic Caucus defending document subpoenas in corruption investigation by U.S. Attorney’s Office (M.D. Pa.).
Achieved declination of prosecution from U.S. Attorney’s Office (M. D. Pa.) for prominent attorney in investigation involving alleged theft of estate funds.
Achieved declination of prosecution from U.S. Attorney’s Office (W. D. Pa.) for alleged promoter of fraudulent investment scheme.
Represented Virtua Health System and Our Lady of Lourdes Health System in commercial litigation brought by Deborah Heart & Lung Center in New Jersey state court whereby Deborah claimed that Virtua’s acquisition of Lourdes in 2019 caused Lourdes to breach a restrictive covenant in a contract between Deborah and Lourdes, and resulted in Virtua inducing the alleged breach and competing unfairly with Deborah. This matter was resolved by the mutual agreement of the parties and dismissed in its entirety with prejudice.
Successfully represented Singerman Real Estate LLC, a Chicago real estate firm, in defending a request for disclosure of confidential and proprietary information under Pennsylvania Right To Know Law. Pennsylvania Commonwealth Court upheld Pennsylvania Office of Open Records decision protecting the confidential material from disclosure. Davis v. SERS, No. 399 C.D. 2021 (Oct. 27, 2022).
Secured summary judgment, affirmed by the Pennsylvania Supreme Court, for Acme Markets Inc., directing $4.15 million in lottery ticket winnings to ACME in a conversion suit concerning an employee who had taken a Pennsylvania Lottery “Match 6 Lotto” ticket after determining it was a winner.
Successfully defended executive against breach of fiduciary duty claims; plaintiff had sued for $5.3 million, court awarded approximately $22,000 after trial (Delaware Court of Chancery).
Represented Turkish chemical company defending trade secret litigation in Delaware Court of Chancery and Pennsylvania state court.
Successfully defended real estate developer from suit by neighboring landowner seeking specific performance of right of first refusal to 75-acre property; obtained denial of specific performance after trial in Pennsylvania state court, allowing developer to keep land (Lebanon County C.P.).
Successfully defended roofing company in contractual dispute with supplier; obtained $2 million judgment after federal court trial (E.D.Pa.).
Successfully defended cable television distribution company against claim of tortious interference with contract; obtained favorable verdict after trial in Pennsylvania state court (Luzerne County C.P.).
Successfully defended three health insurers against requests for disclosure of proprietary rate information under Pennsylvania Right To Know Law; obtained reversal in Pennsylvania Commonwealth Court of adverse trial court ruling.
Successfully represented bank in foreclosure action in Pennsylvania state court, obtaining $1 million equitable lien (Bucks County C.P.).
- Successfully represented The Philadelphia Inquirer and The Daily News, and several of their reporters, in defamation suits, access litigation under Pennsylvania Right To Know Law, and subpoena defense.
- Harmelin v. Man Financial Inc. - Member of litigation team that successfully represented receiver in hedge fund fraud case, resulting in recovery of $96 million for investors (E.D.Pa.).
Antitrust
Government Investigations
Commercial Litigation
Admissions
- Pennsylvania
- Washington, D.C.
- New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the District of New Jersey
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fifth Circuit
- Supreme Court of the United States
Education
- The George Washington University Law School, J.D., 1987
- College of the Holy Cross, B.A., 1983
Experience
Duane Morris LLP
- Partner, 2018-presentHogan Lovells US LLP
- Partner, 2016-2018United States Department of Justice
- Deputy Associate Attorney General, 2014-2016Dilworth Paxson LLP
- Partner, 2006-2014-Chair, Corporate Investigations and White Collar Group, 2013-14
United States Attorney’s Office, Middle District of Pennsylvania
- Assistant United States Attorney, 1999-2006Sole Practitioner/Assistant Public Defender, Scranton, Pennsylvania, 1995-1999
Federal Trade Commission, Bureau of Competition
- Antitrust Litigator, 1990-1995U.S. District Court for the Middle District of Pennsylvania
- Law Clerk, 1988-1990Cozen O’Connor
- Associate, 1987-1988
Board Memberships
Kimmel Cancer Center, 2013-14
Honors and Awards
- Listed in Best Lawyers in America, 2021-2024
Listed in Pennsylvania Super Lawyers
Federal Trade Commission, Award for Meritorious Service, 1994, 1995
AV Preeminent® Peer Review Rated by Martindale-Hubbell®
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
Professional Activities
Member, Executive Committee, Federal Criminal Law Committee for the Eastern District of Pennsylvania
American Bar Association
- Criminal Justice Section
- White Collar Crime Committee
- Antitrust Law Section
- Cartel and Criminal Practice Committee
- Pricing Conduct Committee
- Trial Practice Committee
- Litigation Section
- Business Torts and Unfair Competition Litigation Committee
- Criminal Justice Section
Selected Publications
- Contributor, Duane Morris Antitrust Law Blog
- Co-author, "FTC Reminds Companies There Is No 'Environmental Justice' Exemption for Anticompetitive Conduct," Duane Morris Alert, October 3, 2024
- Contributor, Duane Morris State Attorneys General Blog
- Co-author, "FTC Brings 'Dark Patterns' Complaint Over Online Subscription and Cancellation Practices Against Company and Two Executives," Duane Morris Alert, June 28, 2024
- Co-author, "Federal Trade Commission and Department of Justice Update Communication Preservation Obligations to Include Collaboration and Ephemeral Messaging Apps," Duane Morris Alert, January 31, 2024
- Co-author, "Federal Trade Commission and Justice Department Issue Highly Anticipated Merger Guidelines," Duane Morris Alert, December 20, 2023
- Co-author, "Illinois Court Clears Hurdles for Aftermarket Right-to-Repair Class Action," Duane Morris Alert, December 8, 2023
- Co-author, "DOJ's Original No-Poach Prosecution Dismissed: What's Next for Antitrust Enforcement?," Duane Morris Alert, November 17, 2023
- Co-author, "FTC Adds Three Executives to 'Dark Patterns' Complaint Over Online Subscription and Cancellation Practices," Duane Morris Alert, October 9, 2023
- Co-author, "FTC and State Attorneys General Sue Amazon for Federal and State Antitrust Violations," Duane Morris Alert, September 27, 2023
- Co-author, "U.S. Antitrust Enforcers Propose Much-Anticipated Revised Merger Guidelines," Duane Morris Alert, July 21, 2023
- Co-author, "In Two Rulings, Supreme Court Limits Use of Mail and Wire Fraud Statutes," Duane Morris Alert, May 17, 2023
- Co-author, "Another Trial Loss Frustrates DOJ's Labor-Market Antitrust Enforcement," Duane Morris Alert, May 2, 2023
- Quoted, "DOJ Doubles Down on Section 8 Enforcement," Global Competition Review, March 10, 2023
- Co-author, "DOJ's New Voluntary Self-Disclosure Policy for U.S. Attorney's Offices Reinforces Importance of Corporate Compliance," Duane Morris Alert, February 28, 2023
- Co-author, "Department of Justice Focuses Corporate Compliance Efforts on Executive Compensation," Duane Morris Alert, February 21, 2023
- Co-author, "DOJ Criminal Division Announces Key Changes to Corporate Enforcement Policy," Duane Morris Alert, January 24, 2023
- Co-author, "Ripple Effects: The US Antitrust Division’s Push for Criminal Section 2 Enforcement Could Have an Impact in the EU," Competition Law Insight Volume 21 Issue 6, November, 2022
- Co-author, "DOJ Brings First Criminal Charges Under Section 2 of the Sherman Act in Nearly 50 Years," Duane Morris Alert, November 14, 2022
- Co-author, "Board Directors Beware: U.S. Antitrust Agencies Ramp Up Enforcement of Interlocking Directorates," Duane Morris Alert, November 9, 2022
- Co-author, "Anticipating Expansion Of FTC's Section 5 Antitrust Authority," Law360, September 21, 2022
- Co-author, "DOJ Antitrust Division Leadership States No Guidance Forthcoming on Criminal Monopolization Cases," Duane Morris Alert, June 30, 2022
- Co-author, "DOJ's Push for More Aggressive Antitrust Enforcement Suffers Trial Setbacks," Duane Morris Alert, April 21, 2022
- Co-author, "How Plans For Criminal Antitrust Enforcement Are Advancing," Law360, April 4, 2022
- Co-author, "DOJ Survives Challenges to Labor Market Prosecutions," Duane Morris Alert, February 16, 2022
- Co-author, "Nomination of DOJ Antitrust Head Signals New Era in Antitrust Enforcement," Westlaw Today, August 17, 2021
- Quoted in, "FTC Asks Second Circuit to Revisit 1-800 Contacts Ruling," Global Competition Review, August 10, 2021
- Co-author, "1-800 Contacts Ruling Illustrates IP Hurdle For Antitrust Cases," Law360, July 8, 2021
- Co-author, "Expect Increasing Scrutiny of Wage-Fixing, No-Poach Deals," Law360, May 5, 2021
- Co-author, "Fourth Circuit Upholds First-Ever Antitrust Relief in Private Challenge to Consummated Merger," Duane Morris Alert, March 3, 2021
- Quoted in, "Sen. Klobuchar Proposes Sweeping Change in Antitrust Law," Marketplace, February 4, 2021
- Featured in "Employee Who Bought Discarded $4.15M Winning Lotto Ticket Has No Claim to It, Pa. Appeals Panel Rules," The Legal Intelligencer, December 21, 2020
- Co-author, "Blue Cross Blue Shield Plans Agree to Structural Changes and Payment of $2.67 Billion in "Historic" Antitrust Settlement," Duane Morris Alert, December 17, 2020
- Co-author, "U.S. Department of Justice Updates Merger Remedies Manual," Duane Morris Alert, September 21, 2020
- Co-author, "Department of Justice and Federal Trade Commission Issue Vertical Merger Guidelines," Duane Morris Alert, July 8, 2020
- Co-author, "DOJ Updates Guidance on Corporate Compliance with Focus on Data Analysis and Continuous Monitoring for Effectiveness," Duane Morris Alert, June 22, 2020
- Co-author, "Third Circuit Reaffirms 'Rigorous Analysis' Requirement for Class Certification," Duane Morris Alert, April 27, 2020
- Co-author, "FTC and DOJ Warn Against Anticompetitive Conduct That Harms Workers During COVID-19 Crisis," Duane Morris Alert, April 16, 2020
- Co-author, "Federal and State Enforcers Will Scrutinize Pricing Behavior During COVID-19 Pandemic," Duane Morris Alert, April 7, 2020
- Author, "Over Three Years After Policy Shift, Still No Wage-Fixing or No-Poach Prosecutions from DOJ," Employee Relations Law Journal, Spring 2020
- Co-author, "Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions," Duane Morris Alert, March 26, 2020
- Co-author, "DOJ Makes Clarifying Changes to FCPA Corporate Enforcement Policy," Duane Morris Alert, December 2, 2019
- Co-author, "DOJ Criminal Division Issues Comprehensive Guidance on Evaluating Claims of Inability to Pay Criminal Fines or Penalties," Duane Morris Alert, October 14, 2019
- Author, "Three Years After Policy Shift, Still No Wage-Fixing or No-Poach Prosecutions from DOJ," Duane Morris Alerts, October 10, 2019
Co-author, "In Major Shift, DOJ Antitrust Division Now Credits Compliance Programs at the Charging Stage," Duane Morris Alert, July 31, 2019
Co-author, "FTC Issues Report on Its Authority Under Section 5 of the FTC ACT to Challenge Pharmaceutical Drug Price Increases," Duane Morris Alert, July 16, 2019
Co-author, "DOJ Criminal Division Issues Comprehensive Guidance on Corporate Compliance Programs," Duane Morris Alert, May 17, 2019
Quoted, "Working With the Feds, Nike’s Avenatti Case Highlights Cooperation," WWD, April 11, 2019
Author, "DOJ Fraud Section Suffers Rare Rule 29 Acquittal in Forex Options Case," Duane Morris Alert, March 22, 2019
Co-author, "Third Circuit Curtails FTC's Authority to Seek Injunctions and Restitution in Federal Court," Duane Morris Alert, March 1, 2019
Co-author, "U.S. District Court Further Reinforces Use of Per Se Standard in Criminal Antitrust Cases," Duane Morris Alert, February 26, 2019
Co-Author, "Ninth Circuit Reinforces Applicability of Per Se Standard in Criminal Antitrust Cases," Duane Morris Alert, February 4, 2019
Quoted in, "Tweaks to Yates Memo Will Make Investigations More Efficient, Lawyers Say," Global Investigations Review, January 8, 2019
Co-author, "DOJ Eases Yates Memo’s “All or Nothing” Approach to Corporate Cooperation Credit," Duane Morris Alert, December 10, 2018
Author, "App Buyers’ Claim of Apple Monopolization Has Supreme Court Questioning Longstanding Antitrust Doctrine," Duane Morris Alert, December 4, 2018
Author, "DOJ Antitrust Division Suffers Another Trial Setback in Forex-Rigging Case," Duane Morris Alert, November 7, 2018
Author, "DOJ Criminal Division Issues New Guidance on Corporate Compliance Monitors," Duane Morris Alert, October 23, 2018
Author, "FIRREA: A Powerful Tool for the Government," The Banking Law Journal, November/December 2018
Author, "Enforcement Against "No-Poach" Agreements on the Rise," Duane Morris Alert, July 23, 2018
Quoted in, "HSBC Is In Talks With U.S. to End Crisis-Era Mortgage Probe," Bloomberg, July 5, 2017
Quoted in, “FTC Highlights Record-Breaking Actions in 2016,” Commercial Dispute Resolution Magazine, May 31, 2017
Quoted in, "Competition Cases to Watch In 2017," Law360, January 2, 2017
Co-author, "Don't Shoot the Plaintiff: The New Regime in Federal Pleading," The Legal Intelligencer, June 30, 2010
Co-author, "Dual Enforcement of Antitrust Laws Keeps Businesses in Line," The Legal Intelligencer, September 24, 2008
Co-author, "Recent High Court Decisions May Help or Hurt Antitrust Defendants," The Legal Intelligencer, April 29, 2008
Co-author, "U.S. High Court Poised to Clarify Its Holding in Booker Case," The Legal Intelligencer, April 17, 2007
Co-author, "The Booker Revolution in Federal Sentencing Has Not Materialized," The Legal Intelligencer, September 27, 2006
Selected Speaking Engagements
- Speaker, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi), Webinar, March 28, 2024
- Moderator, "Antitrust and Politics: Are We Entering a New Era?" Pennsylvania Association of Criminal Defense Lawyers Annual White Collar Practice Conference, November 11, 2021
- Presenter, "Mitigating Civil and Criminal Antitrust Risks During a Pandemic and the 'New Normal,'" Duane Morris COVID-19: Navigating Forward Webinar Series, February 25, 2021
"White Collar Practice," Pennsylvania Association of Criminal Defense Lawyers, The Ritz-Carlton, Philadelphia, November 21, 2019
"Dealing with Corporate Crisis," The Directors Roundtable, New York, June 28, 2018
Presenter, "Antitrust Enforcement Action Update," Commercial Dispute Resolution Magazine's Spring Competition Litigation Symposium, London, February 23, 2017