Casey Kyung-Se Lee is an experienced trial and appellate litigator who represents leading multinational companies across a broad range of industries, including the financial, pharmaceutical, and healthcare industries. Casey’s practice focuses on complex contract, business tort, antitrust, constitutional, and intellectual property disputes, as well as highly sensitive criminal and civil government investigations. Casey also devotes a significant part of his practice to judicial review of federal and New York state agency actions under the Administrative Procedure Act and CPLR Article 78.
Clients rely on Casey’s zealous advocacy and ability to distill complex disputes, provide solution-oriented legal advice, and develop winning arguments to resolve cases early in litigation. In addition to his litigation practice, Casey frequently counsels clients on resolving disputes without going to court and on developing strategies to avoid such disputes altogether.
Casey returned to private practice after serving as an Assistant United States Attorney in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York, where he investigated allegations of fraud committed against the United States under the False Claims Act, Anti-Kickback Statute, and other federal laws. Casey also represented federal agencies and officers in a wide variety of affirmative and defensive matters, including cases involving constitutional law, the Administrative Procedure Act, bankruptcy, employment discrimination, the Freedom of Information Act, and trademark law.
Experience
Commercial Litigation
- Obtained dismissal of action at pleadings stage for Infrabuild in a New York Supreme Court (New York County) action brought by noteholders seeking declaratory and injunctive relief relating to alleged event of default under indenture.
- Obtained dismissal of action at pleadings stage for a Netherlands-based pharmaceutical company in a Delaware Superior Court action bringing tortious interference with contract and negligence claims.
- Represented Madison Square Garden Entertainment Corp. before New York appellate court (First Department), securing reversal of preliminary injunction enjoining Madison Square Garden’s enforcement of highly publicized exclusion policy. Victory recognized in The American Lawyer feature article.*
- Represented Madison Square Garden Entertainment Corp. in appeal before New York appellate court (First Department) granting petition to quash investigatory subpoena issued by the New York State Liquor Authority for lack of statutory authority.*
- Represented investment fund and investment advisor in putative class action brought by investor alleging unlawful squeeze out; obtained dismissal of class claims and centerpiece breach of contract claim.*
- Represented multinational telecommunications company in contract dispute involving alleged breaches of obligations under a consortium agreement.*
- Represented specialty pharmaceutical company in Federal Circuit appeal involving applicability of patent public use bar to alleged third-party public uses; won reversal of district court’s grant of summary judgment to opposing party.*
- Represented Gucci America, Inc. in trademark suit against counterfeiters; obtained order compelling Bank of China to produce counterfeiters’ bank records, and subsequent order holding Bank of China in contempt and imposing $50,000 per day fine until Bank of China produced the at-issue records.*
- Represented industry-leading media and technology company at trial in federal civil antitrust action brought by DOJ.*
- Advised major luxury fashion house in federal trademark appeal.*
- Represented global alternative asset manager and its directors and officers in securities and derivative litigation.*
Administrative Litigation
- Represent multiple New York not-for-profit corporations in administrative appeals and Article 78 proceedings against the New York State Department of Health in disputes arising from alleged Medicaid overpayments for enrollees with third-party health insurance.
- Represented a leading Medicare Advantage (MA) field marketing organization and its affiliates in a successful Administrative Procedure Act challenge. Relying on the Ropes & Gray team’s arguments, a federal district court issued a universal stay of a new CMS rule aimed at overhauling an existing regulatory framework for the compensation that MA health plans may pay third-party organizations for their services.
- Represented Madison Square Garden Entertainment Corp. in appeal before New York appellate court (First Department) granting petition to quash investigatory subpoena issued by the New York State Liquor Authority for lack of statutory authority.*
Investigations
- Representing a major investment management company in connection with civil investigation led by multiple state attorneys general involving alleged violations of state false claims and anti-kickback laws.
- Represented a multinational investment bank in connection with New York Department of Financial Services cybersecurity examination.
- Represented a major pharmaceutical company in federal civil investigation involving alleged violations of the False Claims Act and Anti-Kickback Statute.*
- Represented a major Korean multinational company in federal criminal investigation involving product liability and consumer protection issues.*
- Represented a multinational European bank in CFTC investigation relating to foreign exchange rates.*
*Experience prior to joining Ropes & Gray