Mark A. Rush

Mark A. Rush

K&L Gates LLP

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Latest Publications


Accepting Daily Fantasy Sports Payments and Proceeds May Be Unlawful: New York AG Accuses DFS Sites of Leading “Massive . . ....

New York Attorney General (“NYAG”) Eric Schneiderman has claimed that daily fantasy sports (“DFS”) sites, including FanDuel and DraftKings, violate New York state gambling laws. He has issued cease-and-desist letters, giving...more

11/16/2015 - Fantasy Sports Internet Gambling NYDFS Sports Betting UIGEA

DOJ Sharpens Focus on Corporate Compliance in Deciding Whether to Prosecute Companies

One of the factors that the U.S. Department of Justice (DOJ) considers in deciding whether to bring charges against a corporation is the existence and effectiveness of the corporation’s pre-existing compliance program. On...more

11/5/2015 - Anti-Bribery Anti-Corruption Banking Sector Banks Bribery Compliance Corporate Counsel Corporate Fraud Corruption DOJ Financial Institutions Government Investigations White Collar Crimes

Is Money Being Laundered Through Your Financial Institution Using Daily Fantasy Sports Sites?

This alert addresses the explosion in popularity of daily fantasy sports (“DFS”) sites and the money-laundering potential that DFS sites may offer to criminals around the world. It then explains potential legal liability...more

11/2/2015 - Advertising Anti-Money Laundering Bank Secrecy Act Banking Sector Banks BSA/AML Compliance DOJ Fantasy Sports Financial Institutions FinCEN Football Gambling Internet Gambling Money Laundering OFAC Online Gaming Online Platforms SAR Sports Sports Gambling Suspicious Activity Reports UIGEA Venture Capital

New DOJ Guidance Sharpens the Focus on Prosecuting and Suing Individuals in Corporate Criminal Investigations

On September 9, 2015, the U.S. Department of Justice (“DOJ” or the “Department”) issued a memorandum to its staff revising the principles guiding criminal and, indeed, civil enforcement in corporate criminal investigations...more

9/11/2015 - Criminal Investigations DOJ Enforcement Actions FDA FDCA Indictments White Collar Crimes Willful Misconduct

A Stern Reminder from U.S. v. Fokker: The Execution of a Corporate Deferred Prosecution Agreement May Not Be the End of a...

A phenomenon virtually foreign to the 20th Century, the use of pre-plea agreements by the Department of Justice (“DOJ”), typically in the form of a deferred prosecution agreement (“DPA”) (or a non-prosecution agreement...more

3/24/2015 - Aerospace Corporate Crimes Criminal Conspiracy Criminal Prosecution Deferred Prosecution Agreements DOJ Enforcement Actions Export Controls Fokker Government Investigations

Blurring the Lines between False Claims Act Litigation and Putative Federal Malpractice Law: The DOJ Quietly Invokes “Worthless...

On October 10, 2014, the United States Department of Justice (“DOJ”) announced a civil settlement agreement (the “Settlement”) with Extendicare Heath Services, Inc. and its subsidiary Progress Step Corporation (collectively,...more

10/23/2014 - Corporate Integrity Agreement DOJ False Claims Act (FCA) Healthcare HHS Medicaid Medical Malpractice Medical Reimbursement Medicare Non-Judicial Settlement Agreements OIG Skilled-Care Providers Standard of Care Worthless Services Claims

Corporate Responses to Investigative Requests by the Federal Government

In light of these new realities corporations face, the first step a company should take is to establish internal guidelines addressing interaction with government agents. Companies should have a response policy in place and...more

9/4/2014 - Best Management Practices Government Investigations Investigations Policies and Procedures

Enhanced Protections for Federal-Employee Whistleblowers: Sign of Things to Come?

Whistleblowers who work for the federal government recently received greater protection under federal law. These additional protections are significant and close prior gaps in the protections afforded by previous statutes and...more

1/11/2013 - Garcetti Whistleblower Protection Enhancement Act Whistleblower Protection Policies Whistleblowers

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of...more

1/8/2013 - Attorney-Client Privilege Corporate Counsel Crime-Fraud Exception Email False Claims Act (FCA) Stark Law Whistleblowers Work Product Privilege

Off-Label Marketing Questioned as a Viable Criminal Theory – But Stay Tuned

On December 3, 2012, a divided Second Circuit held in United States v. Caronia (“Caronia”) that the misbranding provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”) do not criminalize “the truthful off-label...more

12/17/2012 - FDA FDCA First Amendment Marketing Misbranding Off-Label Promotion Off-Label Use Pharmaceutical Industry

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