Edmund W. Searby

Partner

Cleveland
T 216.861.7689  |  F 216.696.0740
Chicago
T 312.416.6243  |  F 312.416.6201

Ned Searby is an experienced trial attorney who has tried more than 35 jury trials, bench trials, and arbitrations and has argued eight times before the Federal Court of Appeals. Invested in cases and in his clients, Ned has achieved outstanding results in noteworthy and challenging cases, which have been featured in publications such as The Wall Street Journal, The Chicago Sun-Times, The Dallas Morning News, and The Cleveland Plain Dealer.

As a federal prosecutor with the Department of Justice, Ned tried to jury verdict fraud, counterfeiting, conspiracy to murder a federal witness, money laundering, international drug trafficking, and other complex criminal violations. In recognition for his work, Ned received letters of commendation from the Attorney General of the United States and the Director of the F.B.I. He also served with the Office of the Independent Counsel in Washington, D.C.

Select Experience

  • Co-trial counsel for plaintiffs in antitrust jury trial resulting in $33 million verdict after trebling. Examined 11 witnesses and delivered closing argument. 
  • Lead trial counsel for defendant multinational corporation in four-week breach of contract trial in New York. Delivered opening and closing arguments and examined nine witnesses, including two-day cross examination of president of plaintiff corporation. Jury returned verdict of no liability for client. 
  • Co-lead counsel for shareholders in securities fraud claim against biotechnology company. Deposed former Chief Executive Officer, former Chief Scientist, former Director of Regulatory Affairs, and other employees before settling case for $75 million.
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Experience

  • Co-trial counsel for plaintiffs in antitrust jury trial resulting in $33 million verdict after trebling. Examined 11 witnesses and delivered closing argument. 
  • Lead trial counsel for defendant multinational corporation in four-week breach of contract trial in New York. Delivered opening and closing arguments and examined nine witnesses, including two-day cross examination of president of plaintiff corporation. Jury returned verdict of no liability for client. 
  • Co-lead counsel for shareholders in securities fraud claim against biotechnology company. Deposed former Chief Executive Officer, former Chief Scientist, former Director of Regulatory Affairs, and other employees before settling case for $75 million. 
  • Lead counsel for two publicly traded corporations in ongoing multidistrict antitrust litigation against alleged global cartels involving rubber chemicals, polychloroprene rubber, EPDM rubber, and nitrile rubber. Deposed key fact and expert witnesses and served on trial team. 
  • Defended drug store chain in DEA diversion investigation. No charges were filed. 
  • Represented executive of publicly traded corporation in federal health care investigation and SEC investigation. No charges or actions filed against client. 
  • Defended controller for corporation in one of the largest mortgage fraud investigations in U.S. History. No charges brought against client. 
  • Represented biotechnology company at trial in successful defense of declaratory judgment action, and in SEC investigation and class action securities fraud suit. 
  • Represented United States as co-trial counsel in four-week mail fraud trial. Examined ten witnesses, including one of defendant's expert witnesses, the former Commander of the Army’s Delta Force. Jury returned verdict of guilty on ten counts of mail fraud and other charges. 
  • Represented United States as co-counsel in trial against leader of an international drug trafficking organization that conspired to murder a DEA agent and a federal prosecutor. Jury returned a verdict of guilty on multiple counts. 
  • Lead counsel for two charitable foundations in defeating attempt by creditors' committee to consolidate $12 million in charitable assets into bankruptcy. 
  • Represented Grammy Award winning musician against indictment for a felony weapons violation and assault and battery. After filing a constitutional challenge to the indictment, case resolved with a misdemeanor plea and imposition of a $250 fine. 
  • Represented the former youngest inmate on Ohio’s death row. Reopened discovery and won grant of habeas corpus petition in federal court. Successfully argued case in Sixth Circuit Court of Appeals. 
  • Defended manager for major automobile manufacturer on charges of alleged assault and battery on union worker. Charges dismissed prior to trial.

Recognitions

  • Selected to participate in World Bank-sponsored project to teach competition authority in African country.

Memberships

  • American Bar Association, White Collar Criminal Section 
  • American Bar Association: Section of Antitrust Law 
  • Ohio State Bar Association: Antitrust Section Counsel 
  • Cleveland Metropolitan Bar Association: Judicial Qualifications Committee (past member) 
  • Magistrate Judge Selection Committee: Northern District of Ohio (past member)

Community

  • Case Western Reserve University Law School, L.L.M. Advisory Board 
  • Achievement Centers for Children: Board of Directors (2011 to present) 
  • Lakeview Cemetery Association: Executive Committee and Board Member (2010 to present) 
  • United Cerebral Palsy: Board of Directors (2000 to 2007)

Services

Prior Positions

  • Office of the Independent Counsel, Washington, D.C.: Special Prosecutor (2000 to 2001) 
  • Department of Justice: Federal Prosecutor (1991 to 1996)

Admissions

  • U.S. Supreme Court, 2007
  • U.S. Court of Appeals, Sixth Circuit, 2000
  • U.S. District Court, Southern District of Illinois, 2008
  • U.S. District Court, Northern District of Ohio, 1996
  • U.S. District Court, Northern District of Illinois, 1990
  • Ohio
  • Illinois

Education

  • J.D., University of Michigan Law School, 1990
  • A.B., Dartmouth College, 1986