Corey Roush focuses his practice on antitrust and consumer protection litigation and investigations, health care fraud and abuse, white collar defense, internal investigations, and other complex commercial litigation.
Practice & Background
Mr. Roush represents clients in federal antitrust, consumer protection, intellectual property and qui tam litigation cases in district and appellate courts around the country. In addition, he has represented clients before the Federal Trade Commission (FTC), the Antitrust Division of the U.S. Department of Justice and various attorneys general around the country.
Mr. Roush counsels clients in various industries on compliance with federal and state laws and regulations, including the Sherman Act, the FTC Act, the Anti-Kickback Statute and the False Claims Act. He has represented clients in federal, state and congressional investigations regarding sales and marketing practices; reimbursement issues; pricing issues; Food and Drug Administration promotional issues, including off-label marketing; and general fraud and abuse theories.
Mr. Roush has won several dismissals of cases at the motion to dismiss and summary judgment stages, as well as assisted in procuring favorable settlements of federal antitrust and consumer protection claims as well as false claims and anti-kickback cases in various industries, including technology, healthcare, defense, aeronautics and medical devices. He has developed a particular niche in representing clients in the life sciences, automotive and direct selling industries.
He also has experience in a wide range of issues related to mergers, acquisitions and joint ventures and has litigated against the FTC and the Department of Justice to preserve proposed and consummated mergers. He was recognized as a Recommended Lawyer in the area of Antitrust-Merger Control by the 2017 Legal US 500 for his “experience in representing clients in FTC/DOJ reviews of proposed and consummated mergers.” Recently, Mr. Roush concurrently led teams responding to two publicly announced Second Requests and a third non-public Second Request before three different merger shops at the FTC. For each deal, he developed a tailored and sophisticated strategy influenced by whether he represented the buyer or seller, by his clients’ primary objectives (speed vs. no divestiture), by the industry, and by which group of antitrust enforcers he was working with.
Additionally, Mr. Roush regularly conducts internal investigations for companies arising out of whistle-blower allegations, qui tam lawsuits and other allegations of misconduct. He also has extensive experience responding to administrative subpoenas, civil investigative demands and other government requests for information.
As a frequent author, Mr. Roush has published numerous articles on antitrust law and other topics. He also speaks often on antitrust, consumer protection, and general compliance issues.
Mr. Roush received his J.D. cum laude from Georgetown University Law Center.
The following engagements are representative examples of Mr. Roush’s recent experience:
Antitrust Investigations, Litigation and Class Actions
- counsel to healthcare system in antitrust class action alleging conspiracy to fix wages of registered nurses; obtained denial of class certification and denial of motion to intervene; initial intervention decision upheld on appeal (W.D. TN and 6th Cir)
- counsel to manufacturer of heavy duty trucks in direct and indirect purchaser class action suits alleging that client conspired with its competitors and a downstream supplier; obtained dismissal of direct purchaser case and denial of class certification in indirect purchaser suit; both decisions are on appeal (D. Del. and 3rd Cir.)
- counsel to sales executive in DOJ Antitrust Division criminal investigation concerning generic pharmaceutical pricing (ongoing)
- representation of pharmaceutical company in state investigations regarding pricing issues and contractual terms (2015)
- counsel to bioscience company in case alleging monopolization and exclusive dealing; obtained summary judgment rulings on damages and injunctive relief claims (D. Md. 2015)
- counsel to hotel chain in case where it was alleged to have conspired with other hotels and online travel companies to set room rates; obtained dismissal of claims (N.D. Tex. 2014)
- counsel to aerospace company in antitrust and trademark cases against competitor; obtained dismissal with prejudice of various claims and denial of preliminary injunction (N.D. Tex. 2013)
- counsel to automotive supplier in class actions alleging that company conspired with its competitors to fix prices (E.D. Mich.)
Mergers and Merger Litigation
- antitrust counsel to leading U.S. animal health care services companies in a $9.1 billion highly-scrutinized merger (including a Second Request) of the largest and second-largest animal hospital owners in the United States (2017)
- antitrust counsel to a large chain in the convenience retailing industry in its $3.3 billion acquisition of approximately 1,030 gasoline and convenience store locations in 18 states, the largest acquisition in our client’s history; following compliance with Second Request negotiated novel FTC divestiture agreement allowing the seller to buy certain overlapping outlets from our client and to retain certain of its own overlapping outlets so long as the seller retained control over pricing of fuel at those outlets (2018)
- antitrust counsel to a dialysis health care company in the successful sale of its laboratory division to the world's leading provider of diagnostic information services (2017)
- antitrust counsel to major book publisher in successful acquisition of competitive publisher (2014)
- counsel to trade association in suit seeking to block already-consummated $29 billion merger between PBMs; successfully defeated motion to dismiss (W.D. Pa. 2013)
- antitrust counsel to major book publisher during Second Request and discussion with DOJ regarding successful acquisition of competitive publisher (2012)
- counsel to major laboratory testing company in antitrust merger case in which the FTC alleged that company’s acquisition of a competitor was anticompetitive; FTC's motion for preliminary injunction was denied after evidentiary hearing and the case was voluntarily dismissed by the FTC (C.D. Cal. and FTC 2011)
- counsel to major tax service provider in evidentiary hearing against DOJ in merger case where DOJ asserted that proposed acquisition of competitor would harm competition (D.D.C. 2011)
- antitrust counsel to engineering and software defense company in its successful sale to international acquirer in $2 billion transaction (2010)
Consumer Protection Investigations and Litigation
- counsel to a trade association facing an FTC inquiry about potential violations of a previous consent decree; Akin Gump engaged with the FTC on our client’s behalf, convincing the agency to close its investigation with a finding that there were no violations (2017)
- counsel to apparel manufacturer in FTC investigation regarding marketing claims; successfully resolved investigation with settlement (2015)
- counsel to apparel manufacturer in class actions alleging unfair competition and violation of various state and federal laws based on inadequate substantiation of various marketing claims (S.D.N.Y. - current)
- counsel to major financial institution in case where state attorney general asserted that institution failed to comply with consent agreement and thereby harmed consumers; obtained denial of motion to enforce (2015)
- counsel to major Internet search engine in FTC investigation regarding adequate notice to consumers and corresponding consent; successfully resolved investigation with administrative settlement (2014)
- counsel to major Internet search engine in class action alleging inadequate disclosures to consumers; obtained denial of class certification prior to discovery based on prior government settlement (N.D. Ca. 2014)
- counsel to dietary supplement company in FTC investigation regarding whether advertising claims were adequately substantiated; successfully resolved investigation with administrative settlement (2014)
- counsel to major automotive company in FTC investigation concerning whether advertising deceived consumers regarding vehicles capabilities; successfully resolved with administrative settlement (2014)
False Claims Act and Qui Tam investigations and Litigation
- counsel to a large national emergency medical transportation billing and reimbursement company, in suit alleging false billing practices; obtained dismissal of all claims (E.D. Tex. 2016)
- counsel to major device manufacturer in state Department of Insurance qui tam litigation (Ca. Sup Ct.)
- representation of major medical device manufacturer in federal, state and congressional investigations into sales and marketing practices, reimbursement issues, pricing issues, FDA promotional issues (including off-label marketing), and general fraud and abuse theories
- representation of pharmaceutical companies in federal and state investigations into pricing and Medicaid rebate issues
- representation of health care companies, including health care insurers, in a variety of matters involving alleged violations of federal and state laws, including False Claims Act allegations
- counsel to hospice company in False Claims Act suits alleging that certain claims for hospice services were false (D. Colo. and S.D. Ohio)
- conduct various internal investigations for companies in response to potential whistleblower allegations, compliance complaints and other allegations
- member, Antitrust Section, American Bar Association
- member, District of Columbia Bar Association
Awards & Accolades
- Washington, D.C., Super Lawyer, Antitrust Litigation, Civil Litigation Defense, Class Action/Mass Torts (2013-2016)
- Law360, “Top 5 Rising Stars Under 40,” Antitrust (2012).
- Panelist, Getting the Deal Done: Hot Topics in Antitrust Enforcement of Mergers, Akin Gump CLE Seminar, Dallas and Houston, TX, November 8 – 9, 2017
- Panelist, “New York City’s Salary History Inquiry Law,” Akin Gump In-House CLE Seminar, July 2017
- Panelist, Antitrust Update, DC Telecom Regulatory Day hosted by Wells Fargo Securities, Washington, D.C., May 15, 2017
- Speaker, When Will Drug Prices Violate the Antitrust Laws?, Bristol-Myers-Squibb in-house presentation, November 9, 2016
- Panelist, The Herbalife Settlement: Industry Implications, Direct Selling Association’s 2016 Business & Policy Conference, October 25, 2016
- Panelist, Akin Gump Energy Enforcement Seminar, Houston, TX, October 18, 2016
- Panelist, Discovery: The Real Cost of Litigation, Association of Corporate Counsel, Washington, D.C., July 20, 2016