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 is an accomplished trial attorney and appellate advocate. A former federal prosecutor, he represents businesses and individuals in a range of federal criminal investigations and prosecutions, including healthcare, fraud, foreign and domestic bribery, antitrust, pharmaceutical diversion, and money laundering, as well as in Securities and Exchange Commission (SEC) enforcement actions. Ned also represents clients in complex civil litigation, which often involves underlying criminal allegations such as antitrust, RICO and securities fraud. To these matters, he brings a depth of understanding of the interplay between the criminal process and "parallel" civil litigation. Throughout a 25-year career, Ned has won a series of challenging and notable cases. He has also been retained to conduct investigations on behalf of the Office of the Independent Counsel, public corporations and government entities. 

Ned is a regular speaker regarding criminal law and procedure at law schools and bar association conferences. He is ranked by Chambers USA as a leading white collar criminal defense attorney and recognized by The Best Lawyers in America© for antitrust litigation.

Select Experience

  • Was co-trial counsel for plaintiffs in an antitrust jury trial resulting in a $33 million verdict after trebling. Examined 11 witnesses and delivered the closing argument. 
  • Was lead trial counsel for a defendant multinational corporation in a four-week breach of contract trial in New York. Delivered opening and closing arguments and examined nine witnesses, including the two-day cross-examination of the president of the plaintiff corporation. The jury returned a verdict of no liability for the client. 
  • Represented a major healthcare provider in federal and state investigations. Achieved formal declination of the federal criminal charges.
More »

Experience

  • Was co-trial counsel for plaintiffs in an antitrust jury trial resulting in a $33 million verdict after trebling. Examined 11 witnesses and delivered the closing argument. 
  • Was lead trial counsel for a defendant multinational corporation in a four-week breach of contract trial in New York. Delivered opening and closing arguments and examined nine witnesses, including the two-day cross-examination of the president of the plaintiff corporation. The jury returned a verdict of no liability for the client. 
  • Represented a major healthcare provider in federal and state investigations. Achieved formal declination of the federal criminal charges.
  • Was co-lead counsel for shareholders in a securities fraud claim against a biotechnology company. Deposed the former CEO, former chief scientist, former director of regulatory affairs and other employees before settling the case for $75 million. 
  • Was 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 the trial team.
  • Defended an elected county prosecutor and county coroner in a nationally publicized civil rights case brought by a former death row inmate. Won dismissal of the federal action, which was affirmed in a published opinion on appeal. In recognition for his work, Cuyahoga County awarded him the "Stare Decisis Award for Outstanding Litigation."
  • Defended a drugstore chain in a Drug Enforcement Agency (DEA) diversion investigation. No charges were filed.
  • Defended a former bank executive in an insider trading jury trial. Delivered the opening and closing statements. The jury returned a defense verdict on a 10b5 insider trading count but found liability for a Section 14 tender offer violation.
  • Represented an executive of a publicly traded corporation in a federal healthcare investigation and an SEC investigation. No charges or actions were filed against the client. 
  • Defended a corporation's controller in one of the largest mortgage fraud investigations in U.S. history. No charges were brought against the client. 
  • Represented a biotechnology company at trial in the successful defense of a declaratory judgment action and in an SEC investigation and class action securities fraud suit. 
  • Represented the United States as co-trial counsel in a four-week mail fraud trial. Examined 10 witnesses, including one of the defendant's expert witnesses, 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. 
  • Represented the United States as co-counsel in a trial against the leader of an international drug trafficking organization that conspired to murder a DEA agent and a federal prosecutor. The jury returned a verdict of guilty on multiple counts. 
  • Was lead counsel for two charitable foundations in defeating an attempt by a creditors' committee to consolidate $12 million in charitable assets into bankruptcy. 
  • Represented a Grammy Award–winning musician against indictment for a felony weapons violation and assault and battery. After filing a constitutional challenge to the indictment, the case resolved with a misdemeanor plea and the imposition of a $250 fine. 
  • Represented the former youngest inmate on Ohio's death row. Reopened discovery and won a grant of habeas corpus petition in federal court. Successfully argued the case in the Sixth Circuit Court of Appeals. 
  • Defended a manager of a major automobile manufacturer on charges of alleged assault and battery on a union worker. The charges were dismissed prior to trial.

Recognitions and Memberships

Recognitions

  • Chambers USA: Litigation: White Collar Crime & Government Investigations in Ohio (2015 to 2017)
  • The Best Lawyers in America© (2016, 2017)
    • 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