Edmund W. Searby

Partner

Cleveland
T +1.216.861.7689
F +1.216.696.0740
Chicago
T +1.312.416.6243
F +1.312.416.6201

"[Ned] combines a remarkable intellect with a very, very impressive court presence."

— Chambers USA 2015

Overview

Edmund “Ned” Searby, a partner with the firm, is recognized by Chambers USA for his “excellent reputation in the area of federal criminal investigations and prosecutions and SEC enforcement actions.” He also represents clients in complex civil litigation, including antitrust, securities and general commercial litigation. A former federal prosecutor, he brings to contested matters substantial experience as a trial attorney and appellate advocate. Through his 25-year career, Ned has won a range of challenging and noteworthy cases, which are listed in part below. He has also conducted significant independent investigations for corporations, government entities and a university.

Select Experience

Civil Litigation and Trials
  • Won a $33 million verdict after trebling in a federal antitrust jury trial. Examined 11 witnesses and delivered the principal closing argument. Also recovered more than $10 million from the settling defendants after an extensive discovery program.
Criminal and Regulatory Matters
  • Represented a major healthcare provider in federal and state healthcare fraud investigations. Challenged in a pre-indictment action the conduct of a search warrant on corporate headquarters. After oral argument on the challenge before a federal court of appeals and a presentation to federal prosecutors on the merits of the investigation, the Department of Justice declined prosecution and returned the evidence seized in the search.  
Independent Investigations
  • Conducted an independent investigation of a fraud and kickback scheme committed against the State of Ohio Treasury. Released a 67-page report of the investigation.  
More »

Experience

Civil Litigation and Trials
  • Won a $33 million verdict after trebling in a federal antitrust jury trial. Examined 11 witnesses and delivered the principal closing argument. Also recovered more than $10 million from the settling defendants after an extensive discovery program. 
  • Won a defense verdict of no liability for a multinational corporation in a four-week breach-of-contract jury trial. Delivered opening and closing arguments and examined nine witnesses, including a two-day cross-examination of the president of the plaintiff corporation.   
  • Settled securities fraud claims against a biotechnology company for $75 million after extensive discovery. Personally conducted depositions of the former CEO, the former chief scientist, the former director of regulatory affairs and other employees before reaching what was then the largest reported settlement ever against a biotechnology company in a securities fraud action. 
  • Won a bench trial for a defendant biotechnology company in a declaratory judgment action brought by an insurance company to void punitive damages coverage for nationwide products liability claims. 
  • Won a motion for judgment on the pleadings for a county prosecutor and a county coroner in a high-profile, multimillion-dollar civil rights action brought by a former death row inmate. Argued the case before a federal court of appeals, which affirmed in a published opinion. Received the Cuyahoga County Prosecutor’s Stare Decisis Award for Outstanding Litigation for work on the case.
  • Defeated an attempt by a creditor’s committee to consolidate $12 million in assets belonging to two charitable foundations into a hospital system bankruptcy.  
  • Served as lead counsel for two publicly traded corporations in multidistrict litigation against alleged global cartels involving rubber chemicals, polychloroprene rubber, EPDM rubber and nitrile rubber. Personally deposed key fact and expert witnesses before resolving the claims on confidential terms. 
  • Won a multiday arbitration for a defendant in a partnership dispute. The arbitrator issued a decision of no liability for the defendant on the claim and sustained the defendant client’s counterclaim against the plaintiff for the full relief requested.  
Criminal and Regulatory Matters
  • Represented a major healthcare provider in federal and state healthcare fraud investigations. Challenged in a pre-indictment action the conduct of a search warrant on corporate headquarters. After oral argument on the challenge before a federal court of appeals and a presentation to federal prosecutors on the merits of the investigation, the Department of Justice declined prosecution and returned the evidence seized in the search.  
  • Represented an executive of a publicly traded corporation in a nationally publicized federal healthcare fraud investigation and an SEC formal investigation. Successfully argued against indictment of the client, notwithstanding the conviction of other executives.  
  • Successfully defended a Grammy Award-winning musician against a state indictment for a felony weapons violation and assault and battery. After lodging a constitutional challenge to the indictment, the case resolved with a misdemeanor plea and a $250 fine.  
  • Represented the controller of a corporation at the center of one of the largest mortgage fraud investigations in U.S. history. No charges were filed against the client.  
  • Defended a former bank executive in an insider trading jury trial. The jury returned a defense verdict on the 10b5 insider trading count but found liability for a Section 14 tender offer violation. The district court declined to order the relief sought by the SEC.  
  • Represented the United States as co-trial counsel in a prosecution of the leader of an international drug trafficking organization that conspired to murder a DEA agent and a federal prosecutor. The jury convicted the defendant of multiple counts of federal drug trafficking offenses.  
  • Represented the United States in a four-week fraud trial. Examined 10 witnesses, including the defendant’s expert witness, the former commander of the Army’s Delta Force. The jury returned a verdict of guilty on 10 counts of mail fraud and other charges. 
  • Defended a drugstore chain in a DEA diversion investigation. No charges were filed. 
  • Represented a death row inmate in federal habeas proceedings. Reopened discovery, and won the grant of a writ of habeas corpus. Successfully defended the result in the federal court of appeals.  
  • Defended a manager of a major automobile manufacturer against charges of alleged assault and battery on a union worker. Conducted the investigation of the incident, and then convinced the prosecutor to drop the charges before trial.
  • Represented a Nevada pharmacy in a federal criminal investigation. Successfully argued against the indictment of the corporation even though the government charged one of the employees.  
Independent Investigations
  • Conducted an independent investigation of a fraud and kickback scheme committed against the State of Ohio Treasury. Released a 67-page report of the investigation.  
  • Served as special deputy independent counsel for an investigation the Washington Post described as concerning potential obstruction of justice by officials of the Department of Justice.  
  • Conducted an investigation of potential fraud by employees and third parties against a hospital system. After interviews and other investigation, referred the matter to the Federal Bureau of Investigation, resulting in the criminal conviction of three individuals.  
  • Conducted an investigation on behalf of an acquiring company as to potential foreign bribery and antitrust issues at the company to be acquired.

Recognitions and Memberships

Recognitions

  • Chambers USA: Litigation: White Collar Crime & Government Investigations in Ohio (2015 to 2017)
  • The Best Lawyers in America© (2016 to 2018)
    • Cleveland: Litigation - Antitrust
  • Cuyahoga County Prosecutor's Office: Stare Decisis Award for Outstanding Litigation (2014)
  • Selected to participate in a World Bank–sponsored project to teach competition authority in an African country (2008)
  • Official Letter of Commendation From Attorney General of the United States Janet Reno (1995)
  • Official Letter of Commendation From Director of the Federal Bureau of Investigation Louis J. Freeh (1995)

Memberships

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

Community

  • 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)
  • Case Western Reserve University Law School, L.L.M. Advisory Board (past member)

Industries

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, Eastern District of Michigan, 2014
  • U.S. District Court, Southern District of Ohio, 2014
  • U.S. District Court, Southern District of Illinois, 2008
  • U.S. District Court, Northern District of Illinois, 1990
  • U.S. District Court, Northern District of Ohio, 1996
  • Ohio, 1997
  • Illinois, 1990

Education

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