Corey W. Roush

Partner

Areas of Focus

Corey W. Roush

Partner

croush@akingump.com

Areas of Focus

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Biography
  • Leads the firm’s antitrust/competition practice and heads its Federal Trade Commission (FTC)-facing consumer protection practice.
  • Concentrates on antitrust and consumer protection litigation and investigations, health care fraud and abuse, and related internal investigations and class actions.
  • Regularly assists clients in effectively navigating the antitrust regulatory approval process in complex transactions and one of only a handful of antitrust lawyers to litigate multiple merger trials against the government.

Corey Roush represents clients in federal antitrust, consumer protection, and qui tam investigations and litigation in district and appellate courts around the country. He has represented clients before the FTC, the Antitrust Division of the U.S. Department of Justice (DOJ) and various attorneys general around the country. He has litigated multiple merger trials against the government, including both the FTC and DOJ. Most recently, he led the trial team in 2018 against the FTC in its challenge to the global merger of two marine chemical providers.

The Chambers USA 2018 Antitrust rankings note that clients recognize Corey as being “measured and very smart – he does a tremendous job and has a cool demeanor.”

Corey also 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
  • General fraud and abuse theories.

Additionally, Corey provides compliance counseling on related marketing and pricing laws, agency regulations and industry guidelines. He has represented clients before almost all of the divisions of the FTC’s Bureau of Consumer Protection.

Corey 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 and false claims and anti-kickback cases in various industries, including technology, retail, health care, defense, aeronautics and medical devices. He has developed a particular niche in representing clients in the life sciences, retail and direct selling industries.

Corey is also experienced in a wide range of issues related to mergers, acquisitions and joint ventures, and he has litigated against the FTC and the DOJ to preserve proposed and consummated mergers. Recently, Corey 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 versus no divestiture), by the industry and by the group of antitrust enforcers with whom he was working.

His work also extends to conducting internal investigations related to his areas of experience as well as responding to administrative subpoenas, civil investigative demands and other government requests for information.

Representative Work
  • Served as lead antitrust counsel to a retailer in its $165 million sale of the pharmacy patient prescription files and related inventory spread from 185 stores in 10 states to the second-largest pharmacy chain; successfully steered the company through FTC regulatory approval despite significant overlaps in some areas by in part negotiating an advantageous deal structure that allowed quick clearance despite those overlaps.
  • Served as lead antitrust counsel to a global maritime company in its $400 million acquisition of its largest competitor in certain marine chemicals and gases, including serving as lead trial counsel in a closely watched, three-week bench trial against the FTC, which sought an injunction blocking the deal (D.D.C.); the proceedings were widely covered in the press, including Law360 articles “Merging Marine Supply Cos. Blast FTC Expert’s Assumptions” and “FTC Wraps Trial Warning Marine Cos. Set for Monopoly” (subscription required).
  • Served as lead 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 a Second Request, negotiated a 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.
  • Represented a healthcare system in an 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.
  • Represented a consumer electronic company facing FTC scrutiny regarding potential consumer protection issues related to a recent update to its privacy policy; the agency closed the investigation without taking action following our advocacy efforts and presentation to staff attorneys.

Mergers and Merger Litigation

  • Served as lead 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.
  • Served as 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.
  • Served as antitrust counsel to a major book publisher in the successful acquisition of a competitive publisher.
  • Served as antitrust counsel to trade association in a suit seeking to block an already-consummated $29 billion merger between PBMs; successfully defeated motion to dismiss.

Antitrust Investigations, Litigation and Class Actions

  • Defended a manufacturer of heavy-duty trucks in direct and indirect purchaser class action suits alleging that the client conspired with its competitors and a downstream supplier; obtained the dismissal of the direct purchaser case and a denial of class certification in the indirect purchaser suit; both decisions were affirmed on appeal.
  • Representing a sales executive in a DOJ Antitrust Division criminal investigation concerning generic pharmaceutical pricing.
  • Represented a nutrition/health company in an antitrust case alleging abuse of monopoly position and attempted monopolization; obtained summary judgment on both damages and equitable claims.

Consumer Protection Investigations and Litigation

  • Counseled a trade association facing an FTC inquiry about potential violations of a previous consent decree; Akin engaged with the FTC on our client’s behalf, convincing the agency to close its investigation with a finding that there were no violations.
  • Represented an apparel manufacturer in an FTC investigation regarding marketing claims; successfully resolved the investigation with a settlement.

False Claims Act and Qui Tam Investigations and Litigation

  • Represented a major post-acute health care management company in a False Claims Act suit alleging submission of false Medicare reimbursement claims; negotiated a highly favorable settlement with the DOJ comprising less than 1 percent of original damages.
  • Counseled a large national emergency medical transportation billing and reimbursement company, in a suit alleging false billing practices; obtained dismissal of all claims.
  • Advised a major device manufacturer in state Department of Insurance qui tam litigation.

"He's very responsive and can break things down into plain English for everyone to understand."
Chambers USA, 2020

Education
  • J.D., Georgetown University Law Center, cum laude, 1997

  • B.A., Vanderbilt University, magna cum laude, 1994

Bar Admissions
  • District of Columbia

Recognitions
  • Chambers USA, Antitrust, 2018 to 2021 and 2023.
  • Recognized by The Legal 500 US as a "Leading Lawyer" in 2023 and recommended in Antitrust – Merger Control and Antitrust – Civil Litigation/Class Actions: Defense, 2018 to 2023; and Antitrust – Cartel, 2019 to 2021.
  • Washington, D.C., Super Lawyer, Antitrust Litigation, Civil Litigation Defense, Class Action/Mass Torts, 2013 to Present.
  • Law360, “Top 5 Rising Stars Under 40,” Antitrust 2012.
Affiliations and Public Service
  • Member, Antitrust Section, American Bar Association
  • Member, District of Columbia Bar Association.
Speeches and Publications
  • Presenter, “Antitrust Trends in the Semiconductor Industry: A Review of Developments in the U.S., EU/UK and China,” General Counsel Roundtable, Semiconductor Industry Association, January 21, 2021.
  • “Complex Litigation During a Pandemic: Lessons from a Recently Completed Federal Bench Trial,” Akin Gump Webinar, August 27, 2020.
  • “Trends in Consumer Class Actions,” Akin Gump CLE Series, New York, Houston, and Dallas, October 2018.
  • Panelist, “Getting the Deal Done: Hot Topics in Antitrust Enforcement of Mergers,” Akin Gump CLE Seminar, Dallas and Houston, 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 25, 2017.
  • “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, October 18, 2016.
  • Panelist, “Discovery: The Real Cost of Litigation,” Association of Corporate Counsel, Washington, D.C., July 20, 2016.

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