Find Lawyers

Edmund (“Ned”) Searby is an experienced trial attorney. He has tried more than 35 jury trials, bench trials and arbitrations and argued eight times before the federal court of appeals. He has achieved outstanding results for clients in a number of noteworthy and challenging cases. His public matters have been featured in a number of 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.

In private practice, Ned has represented major corporations and individuals in high stakes civil litigation and in criminal investigations and prosecutions. Notable results include a $33 million verdict after trebling in an antitrust conspiracy trial, a jury verdict of no liability for a multinational corporation in a four-week trial, a defense verdict for a biotechnology company in a declaratory judgment action impacting nationwide punitive damages coverage and a $75 million settlement in a securities fraud action. Ned is a contributor to BakerHostetler’s Antitrust Advocate blog, providing informative commentary on the latest developments in the antitrust litigation sector.

He also represents corporations and individuals subject to criminal investigations and prosecutions involving healthcare fraud, securities fraud, bribery, export offenses, insider trading, mail and wire fraud, public corruption, DEA diversion, RICO, tax offenses, criminal trade secrets violations and other federal offenses. Finally, Ned has conducted internal investigations and due diligence, often focused on fraud, antitrust and FCPA.

Representative Matters

• Co-trial counsel for plaintiffs in antitrust jury trial resulting in $33 million verdict after trebling. Examined 11 witnesses and delivered the closing argument.
• Lead trial counsel for defendant multinational corporation in a 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 the case for $75 million.
• Represented two publicly traded corporations in ongoing multidistrict antitrust litigation against alleged global cartels involving rubber chemicals, polychloroprene rubber, EPDM rubber and nitrile rubber. Lead in deposing key fact and expert witnesses and also chosen for trial team. 
• 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.
• Represented manager for major automobile manufacturer on charges of alleged assault and battery on union worker. Charges dismissed prior to trial.
• Sole trial counsel for United States in money laundering trial against foreign defendant. Jury returned guilty verdict on all counts.
• Prosecutor for United States in organized crime prosecution of violent crew involved in multimillion-dollar armored car and jewelry store robberies and the attempted murder of a state law enforcement officer.
• Represented drug store chain in DEA diversion investigation. No charges filed.
• Represented multistate bank in connection with SEC investigation. No action taken.
• Represented biotechnology company at trial in successful defense of declaratory judgment action, SEC investigation and class action securities fraud suit.
• Represented private equity fund in conducting due diligence into potential antitrust and FCPA issues with potential acquisition.

Reported Decisions

• In re Scrap Metal Antitrust Litigation, 527 F. 3d 517 (6th Cir. 2008)
• Joseph v. Coyle, 469 F. 3d 441 (6th Cir. 2006)
• Gillard v. Mitchell, 445 F. 3d 883 (6th Cir. 2006)
• In re Rubber Chemicals Antitrust Litigation, 232 F.R.D. 346 (N.D. Cal. 2006)
• Starner v. Guardian Industries, 143 Ohio App. 3d 461 (Ohio App. 10th Dist. 2001)
• Capital Medical Systems, Inc. v. Fuji Medical Systems, U.S.A. Inc., 270 A.D. 2d 728, 705 N.Y.S. 2d 122 (3rd Dept. 2000) (Trial Counsel)
• United States v. Bailey, 123 F. 3d 1381 (11th Cir. 1997) (Trial Counsel)
• United States v. Carroll, 6 F. 3d 735 (11th Cir. 1993)
• United States v. Gerber, 994 F. 2d 1556 (11th Cir. 1993)
• United States v. Yount, 960 F. 2d 955 (11th Cir. 1992)

Publications and Presentations

• Speaker: “Expanding Anti-Bribery Compliance,” Global Business Symposium, Cleveland (2012)
• Panelist: “White Collar Crime In America and the World: The Experts Speak,” Cleveland Metropolitan Bar Association, Cleveland (2012)
• Faculty: “Class Action Trials,” ABA National Class Action Seminar, New York (2011)
• Instructor: Training for the Fair Competition Commission for the United Republic of Tanzania, Dar Es Salaam, Tanzania (July 2009)
• Co-Author: “Voluntary Disclosure for Overseas Account Holders: An Offer You Should Not Refuse?” with Mark V. Jackowski, Cleveland Metropolitan Bar Journal (May 2009)
• Author: “White Collar Fraud Investigations, Leading Lawyers on Analyzing Recent Trends, Building Defense Strategy,” Inside the Minds, Aspatore Press (2009)
• Panelist: “The Scrap Metal Trial,” ABA Antitrust Luncheon, Washington, D.C. (2008)
• Instructor: National Institute of Trial Advocacy, Cleveland, Ohio (2007, 2008, 2011, 2012)
• Speaker: “Private Antitrust Actions,” Cleveland-Marshall College of Law (2006)
• Speaker: “The Class Action Fairness Act,” Cleveland Metropolitan Bar Association (2005)
• Speaker: “Concurrent Criminal and Civil Proceedings,” Cleveland Bar Association (2003)
• Speaker: “Cross-Examination: Why Much of the Advice You Heard Is Wrong,” Cleveland Bar Association Trial Program (1998)
• Speaker: “Testifying in Federal Court,” FBI Academy for New Agents, Middle District of Florida (1994)

Professional Affiliations and Community Activities

• American Bar Association, Section of Antitrust Law
• Ohio State Bar Association, Antitrust Section Counsel
• Cleveland Metropolitan Bar Association: Judicial Qualifications Committee (2011 to present)
• Case Western Reserve University Law School, L.L.M. Advisory Board
• Magistrate Judge Selection Committee—Northern District of Ohio (past member)
• 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)