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Mark A. Rush

Partner
+1.412.355.8333
Fax +1.412.355.6501
Mr. Rush is a partner with the firm and concentrates his practice on litigation as a trial lawyer, with emphasis on corporate criminal defense and complex commercial litigation. Mr. Rush has defended individuals, public and private corporations, public officials, government contractors, and healthcare providers who are subjects of federal and state grand jury investigations and investigations by the DOJ, SEC, FDA, EPA, FTC, and various other federal and state agencies. His representations also include defending and counseling corporations and individuals charged with violations of various federal and state statutes such as: Foreign Corrupt Practices Act, Computer Fraud and Abuse Act, securities laws, tax statutes, mail and wire fraud, healthcare fraud, environmental violations, money laundering and the False Claims Act. Mr. Rush has coordinated and conducted internal and special committee investigations and due diligence projects within the United States and in numerous foreign countries related to anti-corruption issues, fraud, and corporate governance issues. Mr. Rush assisted in the representation of a Presidential Advisor in the Independent Counsel Investigation of President Clinton. Mr. Rush also served as an investigator for the WorldCom bankruptcy examiner investigating corporate governance issues. He also represents the Pennsylvania House and Senate Republican Caucuses.

More recently, Mr. Rush was trial counsel in the case of United States v. Cyril H. Wecht, No. 06-26 (W.D.Pa.). The U.S. Attorney’s Office in the Western District of Pennsylvania obtained an 84-count indictment against Dr. Wecht, a public official and internationally renowned forensic pathologist, charging, inter alia, honest services fraud, mail fraud, and wire fraud. Following a nine week trial the jury could not reach a verdict on any count. The defense then re-raised suppression issues regarding two of the government’s search warrants. The evidence was suppressed and all remaining charges were dismissed. This case also involved testimony before Congress regarding selective political prosecutions.

Professional Background

From 1991-1995, Mr. Rush served as an Assistant United States Attorney for the Western District of Pennsylvania where his responsibilities included conducting grand jury investigations and prosecutions of various types of fraud and organized crime. During that time, Mr. Rush also lectured and published for the Executive Office of United States Attorneys, Attorney General Advocacy Institute on innovative uses of the racketeering statutes.

Mr. Rush has previously served as a United States Army Judge Advocate assigned to the U.S. Army, Japan. He was also appointed as a Japan Trial Court U.S. Representative by the U.S. Ambassador to Japan.

Mr. Rush has been inducted into The Academy of Trial Lawyers, Allegheny County. He is listed in The Best Lawyers in America® (Woodward/White, Inc.) and Corporate Counsel Magazine Top Lawyers for criminal defense-white collar. Mr. Rush has received an AV® rating from Martindale-Hubbell, its highest rating. Mr. Rush is also listed in PA Super Lawyers.

He is a contributing author to Sarbanes-Oxley Planning & Compliance, published by Thompson Publishing Group, November 2003; and Forensic Experts in Criminal Trials, Expert Witness Answer Book, Practicing Law Institute 2012.

Professional/Civic Activities

  • Allegheny County Bar Association (Civil and Federal Criminal Practice Section)
  • American Bar Association (Civil and Criminal Litigation Sections)
  • Chair, Western PA Chapter, National Pancreas Foundation
  • Coordinator, pro bono prisoner civil rights cases, Western District of PA

Speaking Engagements

  • “DOJ’s Enforcement Trends, Investigative Strategies and Corporate Internal Investigations,” The Audit Committee Forum, Philadelphia, Pennsylvania,
    November 29, 2012
  • "From the Boardroom to the Courtroom: The Evolving Legal Status of Corporate Crime," Miami Law Review Symposium, University of Miami School of Law,February 18-19, 2011.
  • “Corporate Responses to Investigative Requests by the Federal Government,” presented at Government & Internal Corporate Investigations:  Responding to Concerns About Alleged Wrongdoing, Association of Corporate Counsel, October 20, 2005.
  • "Responses When Financial Services Companies Suffer Cyber Intrusion Attacks,” presented at National Law Enforcement and Industry Cyber Crime Conference: Digital Phishnet, May 11 - 12, 2005.
  • “Sarbanes-Oxley’s New Crimes, Enhanced Penalties and Ways to Avoid Them,” presented at Corporate Investigations: Role of the Attorney Workshop, February 19 & 26, 2004.
  • “Anticipating E-Discovery in the Digital Business Era:  Preventive Medicine,” presented at I-4 Conference, October 15, 2002.
  • "Handling Investigations - Administrative, Non-Criminal and Criminal," presented at the Annual Legal Symposium: Issues Affecting Long-Term Care, March 30, 1999.
  • "False Claims Act Investigations: The FBI is at Your Desk--Now What?" presented at the 1998 Annual Convention of the Pennsylvania Health Care Association, September 21, 1998.
  • "False Claims Act," 21st Annual Emergency Medical Services Conference, Lancaster, Pennsylvania, August 14, 1998.
  • "Managing Internal and Government Conducted Investigations," K&L Gates's Compliance Plans for Providers seminar, Hershey, Pennsylvania, January 7, 1997.
  • "Hospital Fraud Investigations: What To Do When The FBI Shows Up," K&L Gates seminar, Sharon, Pennsylvania, May 14, 1996.