Donald L. Flexner
t: 212 446 2384
f: 212 446 2350
Areas of Practice
New York University School of Law, LL.B., 1967
New York University, B.A., 1964
New York and District of Columbia
United States Supreme Court
Donald Flexner became one of the three named partners of the firm in December of 1999 and is now resident in the firm's New York City office. His main practice areas include antitrust litigation and counseling, as well as representing clients before antitrust enforcement agencies in connection with government investigations and merger reviews.
Mr. Flexner has represented clients in civil and criminal matters, in federal and state courts, and before the United States Department of Justice, the Federal Trade Commission and other federal agencies and various state enforcement authorities. Such representation has included counseling with respect to mergers, acquisitions, joint ventures, and a broad variety of compliance issues.
Mr. Flexner has served as the lead counsel in several major antitrust cases. Mr. Flexner was the lead trial counsel in the defense of a major domestic airline in an antitrust suit filed by the United States government. Among other clients, he has represented major manufacturers, pharmaceutical corporations, telecommunications firms, entertainment companies, and railroads. Mr. Flexner has appeared in numerous federal and state courts and has argued before the Supreme Court of the United States.
Mr. Flexner represented American Express against Visa and MasterCard resulting in a $4.1 billion settlement, Delta in its merger with Northwest Airlines, and has represented DuPont in its claims that Monsanto monopolized the market for genetically modified soybeans and corn. Mr. Flexner also has defended American Express in antitrust litigation brought by the U.S., various States, and individual merchants.
Prior to entering private practice, Mr. Flexner served as Deputy Assistant Attorney General in the Antitrust Division of the United States Department of Justice. In that position, he was responsible for directing the law enforcement and competition advocacy activities of the Division in regulated industries. At various times, he also served as Acting Head of the Division. As a representative of the Department of Justice, Mr. Flexner was a key player in Administration efforts to enact regulatory reform legislation, including the railroad and trucking industries. In November of 1977, he became head of the Energy Section, a post that supervised antitrust litigation and regulatory interventions involving a broad spectrum of energy-related industries. From 1976 to 1977, he supervised court and administrative litigation, serving as Chief of the Regulated Industries Section. As a representative of the Department of Justice, Mr. Flexner was a key player in administration efforts to enact regulatory reform legislation for the railroad, airline, and trucking industries, among others. As a trial attorney for the Antitrust Division, Mr. Flexner represented the United States in both civil enforcement actions and criminal prosecutions.
From July 1980 until December 1999, Mr. Flexner was a partner with Crowell & Moring, where he served on the firm's management committee and as head of the antitrust group.
Mr. Flexner is a past chairman of the Industry Regulation Committee of the Antitrust Section of the American Bar Association and a member of the Antitrust Section Task Force on the Antitrust Division. He also is a frequent lecturer.
While at Boies, Schiller & Flexner LLP, Mr. Flexner has represented ALCOA Inc., AT&T, American Express Company, Chevron Corporation, DuPont de Nemours & Co, Delta Air Lines, Inc., Hillenbrand, Inc., Hill-Rom Holdings, Inc., Honeywell International Inc., Northwest Airlines, Inc., and Southwestern Bell Telephone Company.
Selected Professional Awards and Associations
American Bar Association (Chairman, Industry Regulation Committee, Antitrust Section)
Fifty-three Attorneys Recognized as New York Metro Super Lawyers (October 10, 2016)
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
The BSF Report: Spring 2013 (03.08.2013)
BSF to Spearhead Defense of American Express in DOJ Suit (Firm Newsletter Spring 2011)
Sixteen BSF Attorneys Named 2010 New York Super Lawyers -- Metro Edition (2010 New York Super Lawyers -- Metro Edition)
Thirteen BSF Attorneys Named 2009 New York Super Lawyers -- Metro Edition (2009 New York Super Lawyers -- Metro Edition)
Firm Report: July 2008 (07.28.2008)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
Don Flexner Named Nation's Top Antitrust Lawyer (April 2007)
Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)
Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)
Government ServiceUnited States Department of Justice, Antitrust Divison: Deputy Assistant Attorney General; Section Chief; and Trial Attorney