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Donald L. Flexner

Managing Partner
New York

t: 212 446 2384
f: 212 446 2350
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Areas of Practice



Sports Law


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)

Related News

Fifty-three Attorneys Recognized as New York Metro Super Lawyers (October 10, 2016)

Boies, Schiller & Flexner Attorneys Recognized as New York-Metro Super Lawyers (October 2015)

Boies, Schiller & Flexner Attorneys Recognized as New York Metro Super Lawyers (October 19, 2014)

54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)

The BSF Report: Spring 2013 (03.08.2013)

Six BSF Attorneys Named to New York's Peer-Reviewed "Best Lawyers" 2013 Edition (11.12.2012)

Chambers Ranks BSF in Antitrust, Litigation, International Arbitration and Tax (06.10.2011)

BSF to Spearhead Defense of American Express in DOJ Suit (Firm Newsletter Spring 2011)

Chambers Awards: BSF Attorneys Named as Leaders in Their Fields (06.07.2010)

12 Attorneys from Boies, Schiller & Flexner Named to Lawdragon 500 Leading Lawyers in America (05.18.2010)

BSF Brings Antitrust Claims Against Seed Giant Monsanto (05.10.2010)

BSF Achieves National and Individual Recognition in Peer-Reviewed "Best Lawyers" Rankings (05.01.2010)

Sixteen BSF Attorneys Named 2010 New York Super Lawyers -- Metro Edition (2010 New York Super Lawyers -- Metro Edition)

BSF Leads Way in Milestone Case for Seed Industry on Behalf of DuPont (Winter 2010)

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)

Managing Partner Don Flexner Retained By Delta Airlines in Blockbuster Merger (April 21, 2008)

Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)

BSF $ 2.2 Billion Recovery for American Express Noted in American Lawyer's "Big Suits" Column (January 2008)

Inside Counsel Magazine Names Don Flexner as the Nation’s Top Antitrust Lawyer to Call “When Disaster Strikes” (April 23, 2007)

Don Flexner Named Nation's Top Antitrust Lawyer (April 2007)

Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)

Chambers USA: Boies, Schiller & Flexner partners named leaders in their fields (2007)

Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)

Government Service

United States Department of Justice, Antitrust Divison: Deputy Assistant Attorney General; Section Chief; and Trial Attorney