Christopher H. Casey

Partner

  • Christopher H. Casey
  • Phone: +1 215 979 1155
    Washington, D.C.: +1 202 776 5255

    Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA
  • Duane Morris LLP
    901 New York Avenue N.W., Suite 700 East
    Washington, DC 20001-4795
    USA

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 healthcarepharmaceutical, 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

    Antitrust

  • 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.).
  • Government Investigations

  • 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.

  • Commercial Litigation

  • 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.).

Admissions

  • Pennsylvania
  • District of Columbia
  • 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-present

  • Hogan Lovells US LLP
    - Partner, 2016-2018

  • United States Department of Justice
    - Deputy Associate Attorney General, 2014-2016

  • Dilworth 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, 1999-2006

  • Sole Practitioner/Assistant Public Defender, Scranton, Pennsylvania, 1995-1999

  • Federal Trade Commission, Bureau of Competition
    - Antitrust Litigator, 1990-1995

  • U.S. District Court for the Middle District of Pennsylvania
    - Law Clerk, 1988-1990

  • Cozen 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®

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

Selected Publications

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