LEE A. FREEMAN, JR. , Partner Professional Activities Chicago Office Office: (312) 923-2806 Fax: (312) 923-2906 Email: lfreeman@jenner.com  Add to Outlook Contacts

Lee A. Freeman, Jr. is a partner in the Firm's Litigation Department.  He is Chair of the Antitrust Litigation Practice and a member of the ERISA Litigation Practice.  Mr. Freeman is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.

Mr. Freeman focuses his practice on antitrust, public utility, and complex litigation, and appellate advocacy.  His recent work has included treble damage actions for a number of corporate purchasers as opt out plaintiffs in the Bulk Vitamins, Sorbates, and Liquid Carbon Dioxide Antitrust Litigation, representation of NCR Corp. in a variety of complex matters, and appeals in major ERISA cases involving the protection of the rights of older participants in defined benefit plans.  Illustrative cases are Berger v. Xerox Corporation, 338 F.3d 755 (7th Cir. 2003); Call v. Ameritech Management Pension Plan, 475 F.3d 816 (2007), and Williams v. Rohm & Haas Pension Plan, 497 F.3d 710 (7th Cir. 2007).  He has argued two major antitrust cases in the United States Supreme Court and significant complex litigation issues in virtually every Court of Appeals.

Mr. Freeman has been lead counsel in the prosecution of significant treble damage actions on behalf of major corporations, states and public agencies throughout the country.  E.g., In re Vitamin Antitrust Litigation, M.D.L. Docket No. 1295 (D.D.C.) (counsel to The Coca Cola Co., Cargill, Inc., Ralston Purina, RalCorp, Agribrands International, The Iams Co., and Carl S. Akey, Inc.); In re Carbon Dioxide Litigation, M.D.L. Docket No. 940 (M.D. Fla.) (counsel to Anheuser Busch, Cargill, Inc., Coca Cola Enterprises, Kraft Foods, PepsiCo, Sara Lee, Campbell Soup, and IBP); Uranium Industry Antitrust Litigation, M.D.L. Docket No. 342 (N.D. Ill.) (counsel to Westinghouse Elec. Corp.); Master Key Antitrust Litigation, M.D.L. Docket No. 45 (D. Conn.) (Special Assistant Attorney General for 10 states).  These cases produced landmark rulings on the scope of class actions, the standing of indirect purchasers to sue for antitrust damages, the bar against discovery of "downstream data" from direct purchaser antitrust plaintiffs, the proof of impact, the recovery of damages for purchases made for delivery outside the United States, the act of state defense, and the attorney corporate client privilege, among other issues.  In addition, Mr. Freeman has defended corporations in significant antitrust actions.  He argued before the U.S. Supreme Court in Illinois Brick Co. v. State of Illinois, which involved the standing of indirect purchasers to recover damages for price fixing of concrete block, and in Decker v. Harper & Row Publishers, Inc., which involved the scope of attorney corporate client privilege.

Mr. Freeman has also represented both plaintiffs and defendants in cases brought under the securities and commodities laws.  Many of these matters required close coordination of litigation strategy with overriding business objectives.  E.g., Wabash Valley Power Ass’n v. Public Service Co. of Indiana (S.D. Ind.) (suit on behalf of rural electric cooperatives to recover for investment in the ill fated Marble Hill nuclear plant) and Rex Carr v. Stephen M. Tillery, et al., 591 F. 3d 909 (7th Cir. 2010) (successfully defended members of a dissolved law firm in multiple suits in both state and federal courts, brought by a former partner of the firm who was alleging fraud in division of fees).

In the area of public utilities regulation and litigation, Mr. Freeman successfully represented Central Vermont Public Service Co. and Connecticut Valley Electric Co. in litigation challenging the constitutionality of the New Hampshire Electric Utility Restructuring Act.  A permanent injunction by the District Court of Rhode Island against the State of New Hampshire was affirmed by the First Circuit.  He also participated in regulatory proceedings on behalf of Wabash Valley Power Association before the Indiana Utility Regulatory Commission.  He has represented public utilities in regulatory proceedings before the Illinois Commerce Commission and in related judicial appeals, and has acted a special corporation counsel for the City of Chicago in cases involving the enforcement of municipal ordinances.

Mr. Freeman has represented major corporations and law firms in commercial litigation, including bankruptcy, as well as proceedings before the Federal Trade Commission.  He acted as a party arbitrator in a dispute between FTD Association and Florists’ Transworld Delivery, and mediator in commercial disputes.

Mr. Freeman has been recognized by Chambers USA as one of the country’s antitrust leading practitioners.  The 2008 edition notes that he is “clearly an expert, having been an accomplished antitrust lawyer for many years” and he “remains a prominent figure in antitrust law.”  The 2007 edition describes him as follows: “‘Legend in the antitrust area’, he is one of the most eminent individuals in the market.” “‘He’s polished, he’s a gentleman, and he’s one of those guys whose word you can take and you know it’s good.’” (2007)  He is “highly respected in the industry for his antitrust and complex commercial litigation work and is further noted for his appellate advocacy.” (2006)  “‘[H]onorable and engaging’. . . [b]lessed with a disarming ‘laid-back Columbo style,’ Freeman ‘invariably gets the job done efficiently and quickly.’” (2005)  “‘Unmatched’ . . . [c]lients value ‘his persistent approach’ and ability to dig right into a case” (2004).  He has been named as one of the best lawyers who represent public and private companies in “Bet The Company Litigation” and “Commercial Litigation” by Best Lawyers in America, and he has been cited by Illinois Super Lawyers magazine as a leader in the area of business litigation.  Who’s Who Legal: Illinois also recently praised Mr. Freeman’s work in the area of Commercial Litigation, noting that he “sets the benchmark for antitrust litigation.”

Mr. Freeman has been a frequent speaker at conferences sponsored by bar associations and institutes for continuing education on developments in substantive antitrust law, and trial of antitrust cases, with particular emphasis on class actions.  He taught a class on negotiations at The John Marshall Law School for a number of years and has taught seminars on class action procedures at the University of Chicago.

He has published numerous articles on the prosecution of private antitrust cases, class action litigation, and the Justice Department’s vertical restraints guidelines.  He is a member of the American College of Trial Lawyers, the American Bar Association, the American Law Institute, and other professional organizations.  In addition, he served a three year term on the Council for the Antitrust Section of the American Bar Association.

Mr. Freeman is a magna cum laude graduate of both Harvard University and Harvard Law School, where he served as Case Editor of the Harvard Law Review.  He clerked for Justice Tom Clark on the United States Supreme Court, and prosecuted federal criminal cases as an Assistant United States Attorney for the District of Columbia.  Mr. Freeman has served as a Special Assistant Attorney General for ten states in numerous antitrust suits.  He is Honorary Consul for the Czech Republic for the State of Montana.

Mr. Freeman is admitted to Bars of the States of Illinois and Montana and the District of Columbia and is admitted to practice before the United States Supreme Court, and U.S. Courts of Appeals and District Courts too numerous to list.