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Mark A. Rush

Partner
PittsburghWashington DC
+1.412.355.8333
Fax +1.412.355.6501
+1.202.778.9884
Fax +1.202.778.9100

Primary Practice

Secondary Practices

Education

  • J.D., Duquesne University School of Law, 1987
  • B.A., Washington and Jefferson College, 1984, (Deans List)

Admissions

  • Bar of District of Columbia
  • Bar of Pennsylvania
  • United States Court of Appeals for the Third Circuit
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Western District of Pennsylvania
  • Overview
  • Additional Background
  • Representative Work
Mr. Rush is a partner with the firm and concentrates his practice on internal investigations, corporate criminal defense, Bank Secrecy Act (“BSA”) and anti-money-laundering (“AML”) issues, False Claims Act defense and complex commercial litigation. Mr. Rush has defended public and private corporations, financial institutions, public officials, government contractors, energy companies, hospitals and healthcare systems who are subjects of federal and state grand jury investigations and investigations by various 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: BSA, Foreign Corrupt Practices Act, False Claims Act, securities laws, tax statutes, mail and wire fraud, healthcare fraud, environmental violations and money laundering. Mr. Rush has represented clients in matters investigated by the DOJ (including AFMLS/MLARS), FBI, IRS, FinCEN, FTC, DEA, FDA, DHS, USPIS, EPA, FRB, IG offices and corresponding foreign and state agencies. Additionally, Mr. Rush has coordinated and conducted internal and special committee investigations and due diligence projects within the United States and in numerous foreign countries.

Mr. Rush assisted in the representation of a Presidential Advisor in the Independent Counsel Investigation of President Clinton. Mr. Rush served as Special Counsel to a bipartisan Pennsylvania Senate Committee on the removal of the Attorney General. He also represents the Pennsylvania House and Senate Republican Caucuses.

Professional Background

From 1991-1995, Mr. Rush served as an Assistant United States Attorney for the Western District of Pennsylvania where he conducted numerous grand jury investigations across a broad spectrum of federal statutes, sought the return of indictments, and prosecuted the defendants, both individuals and corporations, by jury trial or plea.

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 is listed in Chambers, USA, The Best Lawyers in America® (Woodward/White, Inc.) and Corporate Counsel Magazine Top Lawyers for criminal defense-white collar. He is also a Recommended Attorney by Legal 500. Mr. Rush has received an AV® rating from Martindale-Hubbell, its highest rating. Mr. Rush is also listed in PA Super Lawyers. He is also listed as an Acritas Star as selected by in-house counsel.

Professional/Civic Activities

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

Speaking Engagements

  • “Operation Brace Yourself: Lessons Learned from the Trenches and Best Practices to Avoid Investigations Predicated on Third-Party Malfeasance,” Medtrade Advisory Board, Atlanta, GA, October 22, 2018
  • “State and Federal Grand Jury Practice in the Era of Mueller and PA Grand Jury Reform Efforts,” 2018 White Collar Practice Seminar, November 15-16, 2018
  • “Privileged or Not Privileged: The Attorney-Client Doctrine Under Attack,” Washington & Jefferson College Homecoming and Reunion Weekend 2018, Washington, PA, October 13, 2018
  • “What You Don’t Know Can’t Hurt You, Right? Resolving the Inherent Tension between the Yates Memo and the Collective Knowledge Doctrine in Environmental Criminal Enforcement Actions,” EMLF Annual Institute, Nashville, TN, June 18, 2018
  • “View From a Federal Prosecutor,” 2018 Medtrade Spring Conference, Las Vegas, NV, March 27-29, 2018
  •  Moderator, “Mock Breach Exercise and Dealing with Law Enforcement,” Cracking the Code: Cybersecurity for Tomorrow, November 10, 2016
  • “Judicial Ethics: When Ego and Entitlement Transcend the Law," The W&J Annual Legal Lecture, October 10, 2015
  • “A Guide to the Development of a Cyber Data Breach Action Plan,” K&L Gates CLE Program: Cybersecurity: Minimizing Risk and Managing Consequences, Mark A. Rush and Thomas C. Ryan, Pittsburgh, PA, December 9, 2014.
  • “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.

Additional Information

Publications
  • “What You Don’t Know Can’t Hurt You, Right? Resolving the Inherent Tension Between the Yates Memo and the Collective Knowledge Doctrine in Environmental Criminal Enforcement Actions,” 39 Energy & Min. L. Inst. 255 (2018).
  • “Forensic Experts in Criminal Trials,” by Mark A. Rush, Expert Witness Answer Book 2012, Practicing Law Institute 2012.
  • "Foreign Corrupt Practices Act (FCPA): New Trends in Compliance & Enforcement," presented at the Greater Dallas Chamber, November 6, 2007
  • “End Game: The Ex Parte Seizure Process and the Battle Against Bootleggers,” by Mark A. Rush, Vanderbilt Journal of Entertainment Law & Practice, Winter 2002.
  • "Medicare Fraud Investigations and Records Privacy: What Every Health Care Organization Needs To Know Now," presented at Medicare Fraud Investigations and Records Privacy: What Every Health Care Organization Needs To Know Now seminar, November 1, 2002.
  • “Combating Counterfeits,” by Mark A. Rush and Lucas G. Paglia, Pharmaceutical Executive, June 2002.
  • “Preventing, Investigating and Prosecuting Computer Attacks and E-Commerce Crimes: Public/Private Initiatives and Other Federal Resources,” by Mark A. Rush and Lucas G. Paglia, e-Business Law Bulletin, September/October 2001 and White-Collar Crime Reporter, July/August 2001.
  • “Protecting Trade Secrets from Dumpster Divers and Other Snoops: The Law Protects Those that Protect Themselves,” by Mark A. Rush, Mark D. Feczko, and Thomas D. Manganello, Mealey’s Litigation Report: Intellectual Property, August 7, 2000.
  • “Recording Conversations in Pennsylvania: Criminal and Civil Penalties for the Unwary,” by Mark A. Rush and Mark D. Feczko, Pennsylvania Association of Criminal Defense Lawyers Forum, Volume 12, Number 1, 2000.
  • “Protecting the Open Seas: Fighting Cyberpiracy,” by Mark A. Rush, Jeffrey M. Gitchel and Wade J. Savoy, Cyberspace Lawyer, March 2000.
  • “Protecting Your Computer Systems: The Federal Response,” by Mark A. Rush and Lucas G. Paglia, Cyberspace Lawyer, September 1999.
  • “Federal Resources to Protect Your Computer Systems From Economic Espionage,” by Mark A. Rush and Lucas G. Paglia, published by Kirkpatrick & Lockhart Nicholson Graham, February 1999.
  • “DOJ and OIG Issue New False Claims Act Guidelines,” by Mark A. Rush and Elisa A. Long, Health Law Update, July 1998.
  • “How To Protect Your Internal Corporate Investigations From Discovery” by Michael A. Agresti and Mark A. Rush, published by Kirkpatrick & Lockhart Nicholson Graham, May 1998.
  • “An Inside Look at False Claims Act Investigations,” by Mark A. Rush, Health Law Alert, December 1997.
  • “The FBI Is at Your Reception Desk - Now What?” by Mark A. Rush, Health Law Alert, March 1997.
  • Represented a financial services company in a five-year-long AML cross-border investigation conducted by the DOJ (specifically, the Asset Forfeiture and Money Laundering Section / Money Laundering and Asset Recovery Section), the Financial Crimes Enforcement Network, four U.S. Attorney Offices, the Federal Trade Commission, and a Multi-State Attorneys General Executive Committee. Federal and state allegations against the client included money laundering, consumer fraud, and compliance issues that involved over ten foreign countries and hundreds of independent client locations and contractors. Ultimately, all federal claims were settled under a Deferred Prosecution Agreement for $586 million, and all state claims were settled under a separate $5 million agreement.
  • Represented a publically traded telecommunications company involving government contracts and allegations of bribery during a 2+ year federal grand jury investigation. Allegations involved the Veteran’s Administration and NYPD. Issues included an internal investigation, forensic accounting, corporate accounting controls, compliance and employee terminations. Although individuals were indicted, the SDNY declined prosecution of the company.
  • Represented an applied scientific research and development company for the defense industry in a four year grand jury investigation which involved corruption allegations at the highest ranks of the military and Congress. Two search warrants were executed and vast volumes of hard copy documents and ESI were produced. Ultimately the U.S. Attorney declined prosecution.
  • Represented a publicly traded midstream company in the Marcellus and Utica Shale plays, in a two year investigation of alleged violations of the Clean Air Act. The investigation commenced with the execution of a dawn raid pursuant to a search warrant. The grand jury subpoenaed numerous records both hard copy and ESI. Employees were interviewed. A parallel civil investigation was undertaken along with an OSHA inspection. Following an internal investigation which involved the retention of experts, presentations were made to the government. Although a draft indictment was presented to the company, the U.S. Attorney ultimately declined to prosecute the matter.
  • Represented a publically traded specialty metal manufacturer in a federal criminal investigation alleging violations of DOT regulations related to the shipment of hazardous materials. After an internal investigation and presentation to the environmental crime section at DOJ, the government declined prosecution.
  • Represented a large university medical center in a FCA investigation and lawsuit alleging resident-attending supervision issues. The Government declined to intervene. The matter was ultimately resolved through a settlement agreement.
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