Les is the senior partner in the Competition, Antitrust & White-Collar Crime practice group. He represents the firm on the International Practice Committee of the U.S. Law Firm Group of which he is also chairman. Les focuses his practice on antitrust investigations and related civil and criminal litigation; trade secrets and unfair competition; white collar crime; business torts and commercial litigation; international transactions and joint ventures; intellectual property licensing and litigation; mergers and acquisitions; internal investigations; and corporate governance matters.

Les served as law clerk to Chief Justice Kingsley A. Taft at the Supreme Court of Ohio. From 1967 to 1979 he was a Lieutenant Commander in the United States Naval Reserve (Intelligence). He is admitted to practice in the District of Columbia, Ohio and Brussels, Belgium, as well as in nine U.S. Circuit Courts of Appeals, seven U.S. District Courts and the Supreme Court of the United States.

Education

  • Harvard Law School, J.D., 1968
  • Northwestern University School of Management, B.S., 1965, summa cum laude
  • Denison University, Denison Honor Scholar

Representative Matters

  • Illustrative Investigations
  • Representations of corporate and individual clients in federal criminal antitrust grand jury proceedings in the window coverings, potash, electric construction, magnesium, rare earth metals, color pigments, liner board, folding cartons, ready-mix cement, concrete pipe, retail groceries, steel pipe and tube, flat-rolled steel, feed additives, carbon fiber, scrap metal, magnetic iron oxide, commercial explosives, rendering, milk, mechanical contracting, rubber products, waste hauling, trans-border trucking, air conditioning equipment, braided wire, used machinery, ocean transport terminal and road paving industries, all without a single conviction or guilty plea.
  • Reversals by Deputy Assistant Attorneys General of Antitrust Division Regional offices recommendations for indictments in multiple investigations.
  • Negotiation of complete immunity for Japanese executive in U.S. and Canadian proceedings in Archer-Daniels-Midland criminal antitrust cases.
  • Successful defense of Federal Trade Commission investigation and formation of two polyvinyl chloride production joint ventures between The Geon Company and Occidental Chemical Corp.
  • Successful defenses of multinational agricultural chemicals company and of nationwide rendering company in Florida state antitrust investigations.
  • Internal investigations of price negotiations between multinational chemical companies with supplier-competitor relationships.
  • Dismissal after hearing of professional discipline charges against partner of major Columbus law firm.
  • Federal Trade Commission investigation and negotiated consent order for Oregon institutional pharmacy network.
  • Terminated federal grand jury investigation of government research contracts.
  • Designing and conducting internal investigations for large ocean shipping company, major national insurance company, leading manufacturer of household products and other enterprises.
  • Representation of Audit Committee chairman in Congressional, SEC and criminal investigations of major telecommunications company.
  • Representation of senior executives in SEC investigation of financial restatement by NYSE listed company.
  • Illustrative Litigation
  • International competition enforcement proceedings in Canada, European Union, France, Germany and Japan.
  • Ohio Supreme Court reversal of judgment for Summit County against City of Akron in case on monopolization of water distribution system.
  • Jury verdict acquitting commercial explosives industry executive in federal criminal antitrust trial in Kentucky.
  • Jury verdict acquitting concrete pipe industry executive in federal criminal antitrust trial in Detroit.
  • Jury verdict on counterclaim and rejecting plaintiff's claim in Cleveland state court trial against former sales manager of CCP Industries and his competing company.
  • Jury verdict of no liability for holding company defendant in scrap metal antitrust class action.
  • Multiple federal trials in Miami, Florida, in successful defense of dealership termination claims and judgments on counterclaims; multinational executions on multi-million dollar judgments; recoveries of fraudulent transfers of assets; appointment of federal court receiver; successful prosecution of contempt sanctions; and prevailing party in more than 20 appeals in First and Eleventh Circuits.
  • Judgment after five-week trial dismissing claims against City of Akron by other local governments challenging its control of waters of the Cuyahoga River.
  • Negotiated dismissal of California unfair competition and predatory pricing case by German manufacturer against Robbins & Myers, Inc.
  • Debarment trial before U.S. EPA for antitrust offense.
  • Defense judgment in Birmingham, Alabama, federal bench trial of claims by sales representative.
  • Defense judgment in Hartford, Connecticut, federal district court bench trial of supplier claims against medical equipment manufacturer.
  • Successful defenses of Antitrust Division proceedings attacking Parker Hannifin Co. acquisitions in aircraft flight controls, automotive aftermarket and fluid power industries.
  • Successful defense of Hewlett Packard Co. in civil monopolization federal district court jury trial and appeal in Sixth Circuit.
  • Successful defense of Ohio Republican Party in Supreme Court of Ohio challenges to corporate contributions.
  • Successful defense of research scientists in misappropriation of trade secrets case dismissed on first day of trial by Lubrizol Corp.
  • Successful defense of Russian flat-rolled steel producer in state and federal court dumping case brought by Wheeling Pittsburgh Steel Co.
  • Summary bench trial in San Francisco resulting in settlement of patent infringement claims for commercial ovens.
  • Summary judgment in District of Vermont for New England grocery chain in private attempt to monopolize case, affirmed on rehearing in Second Circuit.
  • Defense verdict in Orlando, Florida, federal jury trial on agent commission claims.
  • Directed verdict in Columbus state court jury trial of partnership indemnification claim, and affirmance on appeal.
  • Dismissal of competitor's antitrust complaint in auto transport industry case in Nashville, Tennessee, federal court.
  • Dismissal of state court claims for misappropriation of confidential computer data.
  • Dismissal of federal antitrust complaint against regional shopping center developer in Winston-Salem, North Carolina.
  • Dismissal of terminated dealer's suit against Chrysler Corp. after Cleveland federal court bench trial.
  • Dismissal of constitutional claims against City of Akron over its creation and taxation of joint economic development districts and its taxation of resident's lottery winnings, and affirmances by Supreme Court of Ohio.
  • Favorable judgment after Cleveland state court bench trial of partnership dissolution.
  • Favorable settlement during Cleveland state court bench trial of disputes between investors in U.S. - Japan manufacturing joint venture.
  • Judgment of no liability on contract claim in Akron state court trial, affirmed on appeal.
  • Defenses to efforts at hostile takeovers of Medusa Portland Cement Co., Hobart Corp., Van Dorn Co. and other Fortune 500 companies.
  • Defense of Alltel Corp. and other independent telephone companies in MCI II long distance access litigation.
  • Defense of Toyota Motor Sales in federal dealer case.
  • Settlements of federal antitrust treble damages price fixing class actions against major supermarket chains, producers of construction materials and manufacturers of concrete pipe, all using customer coupons.
  • Settlement of consolidated multi-district nationwide antitrust treble damages class actions in Salt Lake City federal court.
  • Settlement of two coordinated antitrust class actions brought in Philadelphia by Detroit Diesel Corp. dealers nationwide.
  • Representation of The Goodyear Tire & Rubber Co., Hobart Corp. and other Fortune 500 companies in elimination of Federal Trade Commission's line of business reporting rules in Delaware and D.C. federal courts.
  • Airline merger trial before CAB Administrative Law Judge.
  • Arbitration in New York City on software distribution agreement for Comdata Corp.
  • Arbitration on software license agreement for Canadian licensor.
  • Bench trial in South Carolina federal court defending alleged breaches of non-competition covenants, and appeal to Fourth Circuit.
  • Trademark dilution case in Cleveland federal district court for Anheuser-Busch against Florist Association's use of famous mark.
  • Representation of plaintiffs in federal trade secret misappropriation and breach of fiduciary duty cases against former president of companies affiliated with Kent State University.
  • Trial of federal RICO and breach of fiduciary duty preliminary injunction against former executives of Van Dorn Co.
  • Prevailing party in U.S. Department of HEW administrative trial of hospital medicare fraud.
  • Numerous defenses of dealer and distributor termination cases for major manufacturers.
  • Numerous non-competition covenant, tortious interference and other business tort cases, and preliminary injunction hearings, for both plaintiffs and defendants.
  • Supreme Court of Ohio affirmance of constitutionality of Ohio statute creating joint economic development districts.
  • Supreme Court of Ohio affirmance of municipal income tax ordinance.
  • Prosecution of successful dumping complaints against foreign producers of steel pipes and tubes.
  • Favorable settlement for Sumitomo Corporation of America in federal trademark infringement and dilution case over use of a color.
  • Favorable settlement for Smythe, Cramer Co. of civil antitrust conspiracy claim by RE/MAX International after mistrial in Akron federal court.
  • Summary judgment against RE/MAX International on federal and state antitrust claims in subsequent case.
  • Dismissals of 34 consolidated antitrust direct purchaser class actions pending in Southern District of New York, and indirect purchaser class actions pending in 13 states, against Formica Corp.
  • Pending case in New York federal court to rescind corporate acquisition for fraudulent inducement.
  • Successful defense of City of Akron on state court challenge by other local governments to its control of waters of the Cuyahoga River.
  • Continuing defense of Ohio corporation in several antitrust grand jury investigations.
  • Continuing defenses of U.S. and foreign clients in antitrust grand jury investigations of multinational industries.
  • Successful defense of direct and indirect purchasers’ class actions by manufacturers of audio and video tape in Southern District of Illinois, Northern District of California and California, Kansas, Massachusetts and Michigan state courts.
  • Award in International Chamber of Commerce arbitration between German and U.S. joint venture companies.
  • Illustrative Transactions
  • Organization and representation of trade associations in fine paper, steel tubing and other industries.
  • Organization of Phoenix Packaging Corporation and later acquisition of its principal competitor.
  • Establishment of turnkey heat treating plant for steel products in Australia.
  • Obtaining antitrust exemption and drafting and negotiating consortium turnkey projects to build and license tire plants in Turkey, Algeria, India and Indonesia.
  • Numerous distribution, agency and licensing agreements in the U.S. and over 30 foreign countries.
  • Creating franchise program for the largest grocery chain in New York and New England.
  • Creating U.S. and international dealer networks for Hummer vehicles.
  • Creating franchise program for major international corporate travel services company.
  • Creation of automotive diesel engine manufacturing joint venture in U.S. between Isuzu Motors Ltd. and General Motors Corp.
  • Creation of U.S. - Italian joint venture to produce and distribute frozen pizzas in Europe.
  • Creation of U.S. - Japan joint venture in U.S. to design, fabricate and distribute heavy duty hydraulic hammers.
  • Creation of U.S. - Thailand joint venture to manufacture metal food cans in Thailand.
  • Acquisition of U.K. company and its interest in Polish joint venture to manufacture crawler tractors, and re-negotiation of joint venture arrangements.
  • Advising BellSouth Corporation on competition and corporate matters.
  • Advising Mitsubishi Electric Corporation on licensing and antitrust matters.
  • Representation of Distribution Committee of prominent charitable foundation on governance matters.

Professional & Civic Involvement

Professional Associations

Ohio State Bar Association · Past President
American Bar Association · Board of Governors and its Finance Committee; elected to three terms as the Ohio State Delegate; Nominating Committee and its Steering Committee; Select Committee of the House of Delegates; Section of Antitrust Law leadership positions continuously since 1976; Section Officers Conference, Committee on Ethics and Professionalism
American Law Institute
International Bar Association · Section of Business Law
Cleveland Metropolitan Bar Association · Former Trustee; Chairman of Judicial Selection and Judicial Election Monitoring Committees

American Bar Foundation · Life Fellow

Ohio State Bar Foundation · Life Fellow; Former Trustee

Greater Cleveland International Lawyers Group

National Conference of Bar Presidents

Court of Nisi Prius

Professional Activities

ABA Task Force on Corporate Responsibility, 2002-2003
ABA Task Force on Implementation of Section 307 of Sarbanes-Oxley Act, 2002-2004
Ohio Board of Bar Examiners, 1990-1995
Sixth Circuit Judicial Conference · Life Member
Judicial Conference of the Eighth Judicial District · Life Member
Civil Justice Reform Act Advisory Group to U.S. District Court, N.D. Ohio · Former Chairman, Nominating Committee
Ohio General Assembly Joint Commission on Judicial Compensation
Corporate Counsel's International Advisor · Board of Editors
Guide to the International Sale of Goods Convention · Board of Editors
The Franklin Thomas Backus School of Law, Case Western Reserve University · Visiting Committee, 1985-1991
Ohio State Legal Services · Trustee, 1985-1987
Mediator, U.S. District Court, N.D. Ohio
Leader for visits by U.S. judges and lawyers to Russia, Ukraine, China, Kenya, India and Egypt

Community Activities

The Holden Arboretum · Board of Directors, Secretary, Executive Committee, Audit Committee Chairman
Boy Scouts of America · Greater Cleveland Council Executive Board, Nominating Committee, Audit Committee, Finance Committee
Ohio Lawyers for Bush-Cheney · Co-Chairman, 2000, 2004
Cuyahoga County Republican Party · Finance Committee, Central Committee, Executive Committee
EconomicsAmerica · Former Chairman
Leadership Cleveland, 1989
Citizens Advisory Board to the Cuyahoga County Juvenile Court · Former Chairman
Fairmount Presbyterian Church · Former Deacon
Ohio Public Utilities Commission · Former Member, Nominating Council

Publications

Author or editor of more than 30 articles and books, including:

  • "Practices of the Successful Antitrust Negotiator" · Antitrust Dispute Resolution, 2007
  • "Criminal Enforcement of Antitrust Laws - Problems with the U.S. Model", Fordham Competition Law Institute, 2006
  • Doing Business in and with the United States, 1st ed. 1999, 2d ed. 2000
  • "Effective Use of Expert Testimony in Defending Criminal Antitrust Cases" · 13 Antitrust 48, Spring 1999
  • "International Distribution and Franchising" · Corporate Counsel's Guide to Laws of International Trade, 1997
  • "Dealing with Government Authorities During an Antitrust Investigation" · White Collar Crime, 1996
  • "Legal Remedies for Dirty Tricks: A Competitor · ABA Section of Antitrust Law, 1995
  • "Making Global Deals: The Art of International Business Negotiation" · 5 Int'l Quarterly 1, 1993
View Related News and Publications >>

Presentations

Presenter or moderator at more than 50 international, national and regional seminars, institutes and workshops, including:

  • National Association of Attorneys General
  • The Conference Board
  • National Economic Research Associates
  • U.S. Department of Commerce World Trade Seminar
  • Corporate Counsel Center of Northwestern University School of Law
  • Fordham University School of Law
  • American Bar Association Sections of Antitrust, Business and Criminal Law
  • National Business Institute
  • Federal Bar Association
  • New England Antitrust Conference
  • The Canadian Institute
  • Association Internationale des Jeune Avocats
  • Ohio State Bar Association
  • Lorman Education Services
  • Ohio Continuing Legal Education Institute
  • Ohio Bell Telephone Co.

Awards & Honors

  • Ohio Bar Medal · 1990
  • Ritter Award of Ohio State Bar Foundation for Outstanding Contributions to the Administration of Justice · 1997
  • The Burton Award for Legal Achievement · 2007
  • Directory Listings
  • The Best Lawyers in America (2005 - )
  • Was named as a Super Lawyer by Ohio Super Lawyer magazine in 2004 and 2007
  • Chambers USA, 2008
  • The International Who's Who of Competition Lawyers · all editions
  • A Guide to the World's Leading Competition and Antitrust Lawyers · all editions
  • Who's Who Legal, The International Who's Who of Business Lawyers · since 2002
  • Guide to the World's Leading Competition and Antitrust Advisors · since 2000
  • An International Who's Who of Business Lawyers · since 2001
  • GlobalCompetitionReview.com
  • Who's Who Legal: USA - Commercial Litigation · all editions
  • www.WhosWhoLegal.com · since 2001
  • Who's Who in the World · since 2004
  • Who's Who in America · since 1986
  • Who's Who in American Law · since 1977
  • Who's Who in Emerging Leaders in America · since 1987
  • Who's Who in the Midwest · since 1985
  • Strathmore Who's Who · since 2000
  • Men of Distinction · since 1986
  • Martindale-Hubbell · A.V. rating