Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Donald Russell, Partner

Education:

J.D., cum laude, Harvard Law School, 1977

B.A., with high distinction, University of Nebraska, 1974

Phi Beta Kappa

Contact:

Tel: 202.775.4502
Fax: 202.775.4510

Bar Associations

District of Columbia

Donald J. Russell, Senior Counsel

Appellate Briefs

American National Insurance Co. v. Bratcher Amicus Brief of the U.S. Chamber of Commerce
Bell Atlantic v. Twombly Amicus Brief of the U. S. Chamber of Commerce, CTIA – The Wireless Association, The Alliance of Automobile Manufacturers, Northwest Airlines, Inc., and United Air Lines, Inc.
Bell Atlantic v. Twombly Brief of the U.S. Chamber of Commerce and Others.(merits stage)
Coquina Investments v. TD Bank Amended Brief of Defendant-Appellant
F. Hoffmann-LaRoche v. Empagran Amicus Brief of the U.S. Chamber of Commerce and the Organization for International Investment
Gilchrist v. State Farm Amicus Brief of the U.S. Chamber of Commerce
In re: Monumental Life Insurance Co. Amicus Brief of the U.S. Chamber of Commerce
In re: TOUSA, Inc. et al. Brief For Plaintiff-Appellant
Janus Capital Management v. First Derivative Traders Amicus Brief the Center for Audit Quality
Leegin Creative Leather Products v. PSKS, Inc. Amicus Brief of CTIA – The Wireless Association
Leegin Creative Leather Products v. PSKS, Inc. Amicus Brief of CTIA – The Wireless Association
Morgan Stanley Capital Group and Calpine Energy Services v. Public Utility Amicus Brief of The International Swaps and Derivatives Association, Inc., and The Financial Institutions Energy Group
Schumacher v. Tyson Fresh Meats, Inc. Amicus Brief of the American Meat Institute and National Meat Association
Sempra Generation v. Public Utilities Commission of the State of California Amicus Brief of The International Swaps and Derivatives Association, Inc., and the Financial Institutions Energy Group
Sprint Communications & AT&T v. APCC Services Brief for Respondents in Opposition
Tesoro Hawaii Corp. et al. v. United States Amicus Brief of National Petrochemical & Refiners Ass'n in Support of Plaintiffs-Appellants
Tesoro Hawaii Corp. et al. v. United States Amicus Brief of the National Petrochemical & Refiners Association
Texaco, Inc. v. Dagher Amicus Brief of Verizon Communications Inc.
Volvo Trucks North America v. Reeder-Simco GMC Petitioner's Reply Brief (merits stage)
Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Co. Amicus Brief of the U.S. Chamber of Commerce and the American Forest and Paper Association
Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Co. Amicus Brief of the U.S. Chamber of Commerce and the American Forest and Paper Association

Trial Memoranda

Committee on the Judiciary v. Miers Amicus Brief of Former United States Attorneys
RIAA v. SBC Internet Communications Opposition to Motion to Enforce

Donald J. Russell is an antitrust lawyer and litigator. He has represented clients in all types of civil and criminal matters before the U.S. Department of Justice and the Federal Trade Commission, including agency reviews of mergers and acquisitions (representing clients seeking approval of mergers as well as clients opposing mergers), grand jury investigations, and civil matters. He has counseled clients on a wide range of antitrust issues, including mergers, acquisitions, joint ventures, pricing, and distribution issues. Together with Roy Englert, he has represented plaintiffs, defendants, and amici curiae in numerous antitrust appeals. In addition to antitrust matters, Don’s practice also includes non-antitrust civil and criminal trial and appellate litigation.

Before becoming one of the founding partners of the firm in 2001, Don served in the Antitrust Division of the U.S. Department of Justice for 24 years. He was the Assistant Chief of the Communications and Finance Section from 1986 to 1992; lead attorney in the 1994 monopolization case against Microsoft; and Chief of the Telecommunications Task Force from 1994 to 2001. As chief of the Telecommunications Task Force, he supervised the Division’s enforcement actions in the telecommunications industry, including the review of many of the largest mergers in U.S. history.

Representative matters include:

  • Represented BellSouth in connection with the Cingular-AT&T Wireless and BellSouth-AT&T mergers.

  • Represented Echostar and DirecTV in connection with Department of Justice and FCC reviews of their proposed merger.

  • Represented (with Roy T. Englert, Jr.) Volvo Trucks in seeking and obtaining Supreme Court review and reversal of an adverse judgment under the Robinson Patman Act (Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc., 546 U.S. 164 (2006)).

  • Represented Napster, Inc. in its assertion of a copyright misuse defense to defeat summary judgment in copyright infringement litigation (In re Napster Inc. Copyright Litigation, 191 F.Supp.2d 1087 (N.D. Cal. 2002)).

  • Represented senior executives in U.S. Department of Justice investigation of alleged price fixing in LCD and freight forwarding industries.

  • Represented amici curiae in Supreme Court antitrust cases, including Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007); Bell Atlantic v. Twombly, 550 U.S. 544 (2007); Weyherhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., Inc., 549 U.S. 312 (2007); and Texaco v. Dagher, 547 U.S. 1 (2006).

Professional Activities, Publications and Honors:

  • Victor Kramer Fellowship, Yale University, 1991-92

  • Attorney General's John Marshall Award for Preparing or Handling of Legislation (1996)

  • U.S. Department of Justice Neil Roberts Award for Excellence in Antitrust Enforcement (1996)

  • U.S. Department of Justice Hugh P. Morrison, Jr. Award for Exceptional Accomplishments As An Antitrust Litigator (2000)

  • Dual Antitrust Review of Telecommunications Mergers By the Department of Justice and the Federal Communications Commission, 11 GEORGE MASON LAW REVIEW 143 (Fall 2002)

  • ABA Section of Antitrust Law, BANK MERGERS and ACQUISITIONS HANDBOOK (2006 ) (co-author & editor).