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Mark A. Rush

Mark Rush is a partner with the firm and concentrates his practice on domestic and international internal investigations, corporate criminal defense, False Claims Act defense, and complex commercial litigation. Mark has defended public and private corporations, energy companies, teaching universities financial institutions, public officials, government contractors, and healthcare systems who are subjects of federal and state grand jury investigations and investigations by various federal and state agencies. His representations includes 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. Mark 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, Mark has coordinated and conducted internal and special committee investigations and due diligence projects within the United States and in numerous foreign countries.

Mark represented a Presidential Advisor in the Independent Counsel Investigation of President Clinton. He 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.

From 1991-1995, Mark 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.

Mark has previously served as a United States Army judge advocate.  He was appointed as a Japan trial court U.S. representative by the U.S. Ambassador to Japan.

Mark 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. He has received an AV® rating from Martindale-Hubbell, its highest rating. He is also listed in PA Super Lawyers. He is also listed as an Acritas Star as selected by in-house counsel.

  • Recognized annually in Chambers USA Guide
  • 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
  • “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.
Additional Thought Leadership Pages
  • The False Claims Act in 2017: The Year in Review and What to Watch in 2018,” Bloomberg Law, 25 April 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,” 39 Energy & Min. L. Inst. 255 (2018).
  • MLATs: The Bridge to Cross-Border Enforcement,” Corporate Counsel, 6 February 2017
  • BNA Insights: Imbalance of Power: Federal Prosecutors’ Nearly Unilateral Discretion to Resolve Allegations of Corporate Misconduct After D.C. Circuit Panel Overrules District Court’s Rejection of Deferred Prosecution Agreement in U.S. v. Fokker,” Securities Regulation & Law Report, 2016
  • What Companies Can Learn from Cybersecurity Resources in Pittsburgh,” The Cybersecurity Law Report, Volume 1, Number 16, 11 November 2015
  • U.S. District Court Judge Rejects Deferred Prosecution Agreement with Non-U.S. Company: Lessons for Companies Considering Similar Agreements,” Bloomberg BNA, World Securities Law Report, Volume 21, Number 5, May 2015
  • “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.
Additional News & Event Pages
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