It is with great sadness that we announce the passing of our dear friend and partner Donald Flexner.

Don joined David Boies and Jonathan Schiller as a named partner of the firm in December 1999. He focused on antitrust litigation and counseling while also representing clients before antitrust enforcement agencies in connection with government investigations and merger reviews.

Inside Counsel called him “the specialist for high-stakes antitrust defense because he knows antitrust inside and out – literally” and the lawyer to call “to survive life-or-death antitrust matters.”

He served as lead counsel in several high-profile antitrust cases, including the defense of a major domestic airline in an antitrust suit filed by the U.S. government. His clients included ALCOA Inc., AT&T, American Express Company, Chevron Corporation, DuPont de Nemours & Co, Delta Air Lines, Hillenbrand, Hill-Rom Holdings, Honeywell, Northwest Airlines, and Southwestern Bell Telephone Company.

Before entering private practice, Don was Deputy Assistant Attorney General in the Antitrust Division of the U. S. Department of Justice, where he was responsible for directing the law enforcement and competition advocacy activities of the Division in regulated industries such as railroad, trucking, and airlines. He also supervised antitrust litigation and regulatory interventions involving a broad spectrum of energy-related industries. As a trial attorney for the Antitrust Division, he represented the U.S. in both civil enforcement actions and criminal prosecutions.

After serving in the U.S. Department of Justice, he was a partner at Crowell & Moring, where he headed the antitrust group and served on the firm’s management committee, before joining Boies Schiller Flexner.

  • New York University School of Law, LL.B.
  • New York University, B.A.


  • New York
  • District of Columbia
  • U.S. Supreme Court

American Bar Association (Chairman, Industry Regulation Committee, Antitrust Section)

U.S. Department of Justice, Antitrust Divison: Deputy Assistant Attorney General; Section Chief; and Trial Attorney