Jon Corey

Jon Corey is a principal in McKool Smith's Washington, D.C. office where he develops and prosecutes plaintiff-side cases.  Mr. Corey focuses on representing plaintiffs in the health care industry including self-funded benefit plans, plan sponsors, and health care providers.

In addition to his health care focus, Mr. Corey also represents plaintiffs in other commercial cases alleging violations of antitrust, unfair competition, intellectual property, ERISA, RICO, environmental, securities, False Claims Act, trade secret theft, and business torts laws.

Jon Corey has a particular expertise in identifying potential claims and possible recoveries, developing recovery theories, and offering these claims to a plaintiff or to a plaintiff group.  In many circumstances, the plaintiff or plaintiff group does not appreciate that the potential claim or possible recovery exists.  Mr. Corey’s clients include companies, unions, governments and government-affiliated entities, health care providers, and individuals.

• Representing more than twenty companies that opted out of the $2.7 billion settlement of the In re Blue Cross Blue Shield Antitrust Litigation.  In that matter the plaintiffs accused the Blue Cross Blue Shield Association and the Blue Cross Blue Shield health insurance companies of engaging in territorial market allocation in violation of federal antitrust law.
• Prosecuting a Fortune 100 company’s ERISA breach of fiduciary duty and related claims against the health insurer administering the company’s self-funded health insurance benefits.  
• Prosecuting ERISA breach of fiduciary duty and related claims for a major food service company against the health insurance company administering self-funded health insurance benefits for the food service company.  
• Prosecuting ERISA breach of fiduciary duty and related claims for a major chemical products company against the health insurance company administering the chemical company’s self-funded health insurance benefits.  
• Prosecuting a variety of claims against a Blue Cross Blue Shield licensee related to the administration of a government-sponsored, self-funded health benefits plan.
• Prosecuting ERISA breach of fiduciary duty and prohibited transaction claims against the health insurance company that administered a consumer food products company’s self-funded health benefits plan.
• Prosecuting ERISA breach of fiduciary duty and prohibited transaction claims the health insurance company that administered a major financial services company’s self-funded health benefits plans.
• Prosecuting ERISA breach of fiduciary duty and prohibited transaction claims against the health insurance company that administered an electrical utility’s self-funded benefits plans.
• Prosecuting ERISA breach of fiduciary duty claims and prohibited transaction claims against the insurance company administering a large health provider’s self-funded health benefits plan.
• Prosecuting ERISA breach of fiduciary duty claims and prohibited transaction claims against the health insurance company administering a technology company’s self-funded health benefits plan.
• Prosecuting ERISA, civil RICO, and common law claims against a health insurance company and related entities for concerted and deliberate efforts to under pay and to avoid payment to a consortium of surgeons.  The surgeons’ unpaid and underpaid claims are in the mid-nine figures.
• Prosecuting ERISA, civil RICO, and common law claims against a health insurance company and related entities for concerted and deliberate efforts to under pay and slow pay a large medical practice.  The medical practice seeks a nine-figure recovery.   
• Obtained an eight-figure settlement from a health insurer for a Fortune 100 company before having to file a complaint.  The company accused the health insurer of breaching its statutory and common law fiduciary duties and engaged in prohibited transactions while administering the company’s self-funded health benefits plans.

Prior to joining the firm:

• Represented the Federal Housing Finance Agency (FHFA) in its landmark RMBS litigation against UBS, JP Morgan, Merrill Lynch, Citibank, Goldman Sachs, Barclays, and Bank of America, and other major banks arising from its Conservatorship for Fannie Mae and Freddie Mac and served as trial counsel for FHFA in its $800 million SDNY trial against Nomura and RBS which was upheld by the Second Circuit. Overall, FHFA recovered approximately $25 billion in these actions.
• Represented a Fortune 50 company asserting breach of fiduciary duty claims and self-dealing claims under ERISA against the administrator running its self-funded health benefit plan.
• Represented a construction products manufacturer pursuing antitrust and RICO claims against trade association and its members who adopted sham certification standards in an attempt to exclude the manufacturer’s products from the nationwide market.
• Represented an industrial products manufacturer in a trade secret theft case against a former employee and a foreign competitor.
• Represented a private equity firm and its primary investor in a breach of fiduciary duty case against former officers of the firm’s investment funds.
• Represented an investment management firm whose in-house analytical software and decades of client and performance information were systematically downloaded by key employees who left to form a competing firm.
• Represented an oil exploration company in a suit alleging that a Fortune 100 corporation violated the antitrust laws when it interfered with the company’s efforts to compete for rights to explore for and produce natural gas and oil in the Timor Sea.
• Represented a consumer products manufacturer in a trade secret theft and RICO suit against a competitor.
• Represented an acquiring company against the seller for misrepresenting and concealing relevant and material accounting information regarding the financial performance of the target company.
• Represented a real estate developer in a legal malpractice case against a firm whose lawyers, over a decade, misrepresented to the client both the work conducted and work necessary to obtain federal, state and local permits to proceed with construction of an entertainment complex.
• Represented a uranium ore processor in a month-long arbitration against parties obligated to pay for the monitoring, decontamination, remediation and decommissioning of a facility in Oklahoma.
• Represented an investor in an arbitration against a joint venture partner regarding responsibility for lost profits and cleanup costs incurred when the Nuclear Regulatory Commission repeatedly shut down a uranium hexafluoride processing plant due to improper releases of contaminants on-site and off-site. Obtained a multi-million dollar settlement for a real estate developer in a dispute with a joint venture
  partner over its failure to supervise adequately the construction of the joint venture’s buildings.
• Represented a software publisher against a foreign heavy equipment manufacturer that improperly accessed, infringed and misappropriated the publisher's source code and defended against claims that the publisher did not properly or adequately implement the software. Won summary judgment, as a plaintiff, that the defendant infringed two of the client packaging company’s patents resulting in an immediate settlement in excess of $23 million.

• Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2023)