Christopher H. Casey

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.).

Represented 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 favorable settlement of investigation with PennDOT agreeing to rescind its previous termination. Achieved declination of prosecution from U.S. Attorney’s Office and DOJ Public Integrity Unit for former congressional candidate for alleged campaign finance violations. Represented executive in pharmaceutical industry defending against federal False Claims Act case; achieved favorable settlement with minimal fine. 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 company in defense of investigation by DOJ Immigrant and Employee Rights Section. 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.).