Darrell A. Clay

Areas of Emphasis

Antitrust and Unfair Trade Practices

Darrell advises, counsels, and represents clients in all types of antitrust and unfair competition matters. He regularly performs antitrust reviews of business agreements and advises clients on strategies to avoid exposure to allegations of anticompetitive activity. He also has significant experience in the law of trade secrets, including trying several such cases to jury verdict in state and federal court, including the first case ever tried under the Economic Espionage Act. He also counsels employers on how to structure restrictive covenants to avoid having them judicially narrowed or invalidated.

He has represented both plaintiffs and defendants in a variety of antitrust and unfair competition matters, including:

• Defending to jury verdict criminal antitrust matter involving charges of price fixing and market allocation by scrap metal suppliers in violation of Section 1 of the Sherman Act.
  
  
• Representing a manufacturer of metal wood golf clubs in antitrust claims against a major competing manufacturer and obtaining a favorable settlement for the client without litigation.
  
  
• Assisting in the defense of a price discrimination claim brought against a major manufacturer of telecommunications equipment by one of its local distributors.
  
  
• Aiding in the prosecution of monopolization claims on behalf of a bottled water distributor against a major foreign holding company, including making a referral to the Federal Trade Commission for investigation under Section 5 of the Federal Trade Commission Act.
  
  
• Evaluating the antitrust implications of a proposed contract between two competing suppliers of health care products.
  
  
• Assessing whether a proposed contract between parent and subsidiary corporation to supply speciality paint coatings would violate the Robinson-Patman Act.
  
  
• Pursuing unfair competition and theft of trade secret claims on behalf of a local distributor of artificial playing surfaces against a national supplier, and on behalf of a law firm against a departing attorney.
  
  
• Coordinating the response of target and non-target individuals and companies to grand jury subpoenas issued by the Antitrust Division of the United States Department of Justice.
  

Presentations

• "Ethics Review for In-House Counsel and Compliance Professionals," CMBA's Banking and Financial Services Section "Compliance 2010" CLE, December 14, 2010

• "2010 Walter & Haverfield LLP Labor and Employment Law Seminar," "Discovery Expectations," Presentation, Holiday Inn in Independence, September 30, 2010

• "Understanding Electronic Discovery for the Aviation Professional" for the Ohio Aviation Association
  
  
• "Find It Fast And Free On The Internet" for National Business Institute
  
  
• "The Law of the Internet in Ohio" for National Business Institute
  
  
• "Internet Basics for the Ohio Attorney" for National Business Institute
  
  
• "Advanced Issues in Legal Technology for the Ohio Paralegal" for National Business Institute
  
  
• "Effective Legal Writing for Paralegals in Ohio" for National Business Institute
  
  
• "Excuse Me, But Where Can I Get My License to Practice Law in Cyberspace?" for the American Bar Association

Professional & Community Associations

• Member, Ohio State Bar Association's Council of Delegates (two-year term commencing July 1, 2012)
• Graduate of the National Institute for Trial Advocacy's 2000 National Session
  
• Licensed soccer referee (youth through adult amateur), having refereed over 1000 games in his career
  
• Member, Board of Directors, Skypark, Inc., a privately-owned, public-use airport in Wadsworth, Ohio (2007-present)
• Secretary, Skypark Airport Condominium Association (2009-present)
• Secretary, Ohio Regional Business Aviation Association (2010-present)
• Vice President, Criminal Law Section, Cleveland Metropolitan Bar Association (2009-present)
• Member (2006-present) and Trial counsel (2000-2006), Certified Grievance Committee, Cleveland Metropolitan Bar Association
• Fellow, Cleveland Metropolitan Bar Association
• Vice President, Northern Ohio Collegiate Soccer Officials Association (2005-present)
• Secretary, Ohio North State Referee Committee, Inc. (2003-present)
• Volunteer Pilot, Angel Flight East, Central, and Mid-Atlantic (2005-present)

Education

Tulane University School of Law, J.D. (magna cum laude), 1994
University of South Florida, M.A., 1991; B.A., 1989

Licensed to Practice

• Ohio & Louisiana
  
• U.S. Third, Fifth, and Sixth Circuit Courts of Appeal
  
• U.S. District Court, Eastern, Middle & Western Districts of Louisiana
  
• U.S. District and Bankruptcy Courts, Eastern District of Michigan U.S. District and Bankruptcy Courts, Northern & Southern Districts of Ohio
  

Areas of Practice