Donald L. Flexner

Managing Partner
New York City

t: 212 446 2384
f: 212 446 2350

dflexner@bsfllp.com

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Areas of Practice

Litigation

Antitrust

Sports Law

Education

New York University School of Law, LL.B., 1967

New York University, B.A., 1964

Admissions

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 resulting in a $2.2 billion settlement, Delta in its merger with Northwest Airlines, and is now representing DuPont in its claims that Monsanto monopolized the market for genetically modified soybeans and corn. Mr. Flexner is also defending 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