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David Boies (born March 11, 1941) is a lawyer and Chairman of Boies, Schiller & Flexner. He has been involved in various high-profile cases in the United Statesmarker.

Early life and education

Boies was born in Sycamore, Illinoismarker to two teachers. He has four siblings. His first job was when he was 10 years old - a paper route with 120 customers. Boies suffers from dyslexia and did not learn to read until the third grade. In 1954, the family moved to Californiamarker. Boies graduated from Fullerton Union High School in Fullerton, Californiamarker. Boies attended the University of Redlandsmarker, received a B.S. from Northwestern Universitymarker in 1964, an LL.B. magna cum laude from Yale Law School in 1966 and a LL.M. from New York University School of Lawmarker 1967; he was awarded an hononary LL.D. from the University of Redlands in 2000. He currently serves on the Board of Trustees of the National Constitution Center [6528] in Philadelphia, a museum dedicated to the U.S. Constitution.

Personal life

Boies has been married three times. He married his high school sweetheart just prior to enrolling at Redlands. While at Redlands he also taught journalism at a local mental hospital and was the president of the campus Young Republicans. While studying law at Northwestern, he began an affair with the wife of one of his professors, leading to his banishment from the campus. The woman, Judith Daynard Fillman, later became his second wife, but they divorced. In 1978, he met his third wife Mary McInnis, a lawyer, while she was Assistant Director for Domestic Policy at the White Housemarker. Boies was then on a sabbatical from Cravath while working with the U.S. Senate Antitrust Subcommittee. He married Mary McInnis in 1982 and they had the last two of his six children. One of Boies's sons is also named David.

Boies owns a home at Westchester Countymarker, New Yorkmarker, a vineyard in Northern California, an oceangoing yacht and a large wine collection.

Professional history

Law firm

Boies was a highly successful attorney at Cravath, Swaine & Moore. He started upon Law School graduation in 1966 and became a partner in 1973. He left Cravath in 1997 after a major client objected to his representation of the Yankees in a matter regarding the Major League Baseball case (below), even though Cravath itself had found no conflict. He left the firm within 48 hours of being informed of the client's objection and created his own firm, now known as Boies, Schiller & Flexner LLP. In 2008, it was rated 48th in "overall prestige" by Vault.com, a website on legal career information.

Government

Boies was also Chief Counsel and Staff Director of the United States Senate Antitrust Subcommittee in 1978, and served as Chief Counsel and Staff Director of the United States Senate Judiciary Committee in 1979.

Academia

Boies has taught courses at New York Universitymarker Law School and Cardozo School of Law.

Notable cases

At Cravath, Boies assisted top litigator Thomas Barr in defending IBM in the 13-year antitrust cases brought by the Justice Departmentmarker and many private competitors. Years later, he famously took the "other side" by representing the Justice Department in the United States v. Microsoft case. Boies won at trial and the verdict was upheld on appeal. The appellate court remanded the relief ordered (breakup of the company) back to the trial court for further proceedings. Thereafter, the George W. Bush administration settled the case. Bill Gates said Boies was "out to destroy Microsoft."

Boies represented New York Yankees owner George Steinbrenner in a suit against Major League Baseball. This involved an action against all the teams. The Atlanta Braves were owned by Time Warner, a longtime Cravath client. He defended CBS in the action brought by General William Westmoreland. The general abandoned his case during the trial.

Following the 2000 U.S. presidential election, he represented Vice President Al Gore in Bush v. Gore. Boies defended Napster when the company was sued by the RIAA for facilitating copyright infringement. In November 2003, he represented Andrew Fastow, deposed Chief Financial Officer of Enron. Boies has been retained by the SCO Group in their pursuit of alleged infringement of their rights to the UNIX intellectual properties.

He negotiated on behalf of American Express two of the highest civil antitrust settlements ever for an individual company: $2.25 billion from Visa, and $1.8 billion from MasterCard. Other cases in which he has been involved include: Pennzoil and Texaco; and the half-billion-dollar settlement of a suit brought by his art-buyer clients against the world's two leading art-auction companies, Sotheby's and Christie's; he is also representing Conrad Black (Lord Black of Crossharbour) regarding the U.S. Securities and Exchange Commission and the Ontario Securities Commission probes of Hollinger International's disclosure of $32 million (U.S.) in unauthorized payments to Black, fellow executives, and parent company Hollinger Inc.; other current clients include Tyco International Ltd., and Qwest Communications International Inc. Boies is currently representing filmmaker Michael Moore regarding a Treasury Department investigation into Moore's trip to Cuba while filming for Sicko. On June 24, 2009, Boies joined his Bush v. Gore opposing attorney, former Solicitor General Theodore Olson, in a lawsuit Perry v. Schwarzenegger against the state of Californiamarker seeking to overturn Proposition 8's ban on gay marriage.

On the 20th of August 2009 the Golden Gate Yacht Clubmarker announced that he had been retained in their ongoing dispute with Société Nautique de Genève regarding the 33rd America's Cup.

Philanthropy

  • Professorial chairs:
    • $1.5 million to the Tulane University Law Schoolmarker to establish the "David Boies Distinguished Chair in Law." Two of Boies's children earned their law degrees at Tulane.
    • A "David Boies Professor" was established at the University of Pennsylvaniamarker and is currently held by Professor of History Sheldon Hackney. The professorship is named after David Boies's father, a high school teacher of government and economics.
    • A "David Boies Chair" at the Yale Law School was formerly held by Professor Robert Post before he became dean of the law school.
    • David and Mary Boies endowed a chair in government at the University of Redlands, the college that David Boies attended. Arthur Svenson currently holds this chair.
    • Mary and David Boies also endowed a "Maurice Greenberg Chair" at the Yale Law School.
  • David Boies and his wife, Mary, donated $5 Million to Northern Westchester Hospital, in Mount Kisco, New Yorkmarker. Part of an ongoing capital campaign, the Boieses' money is being used to build the hospital's new emergency room.[6529]


Boies was portrayed by actor Ed Begley, Jr. in the 2008 film Recount.

Boies currently (as of October 16, 2008) represents Wachovia in ongoing litigation between Citigroup and Wells Fargo over the issue of which will buy Wachovia.

Following the California Supreme Courtmarker ruling on Strauss v. Horton, Boies joined with former adversary Theodore Olson from Bush v. Gore to combat Proposition 8 in federal court.

Awards and honors

  • Time Magazine named Boies "Lawyer of the Year" in 2000. Boies was a Runner-Up to George W. Bush as "Person of the Year."


  • Milton Gould Award for Outstanding Advocacy, October 1996


  • Lifetime Achievement Award from LD Access Foundation, October 2001


  • Outstanding Learning Disabled Achievers Award from the Lab School in Washington, DC


  • William Brennan, Jr. Award from the University of Virginia School of Law, 2002


  • Pinnacle Award, International Dyslexia Association, November 2005


  • Fellow, American College of Trial Lawyers


  • Honorary Doctorate of Laws, New York Law School, 2007


Criticism

In his 2001 book, prosecutor and author Vincent Bugliosi criticized Boies's abilities as a trial lawyer, arguing that Boies "wasn't forceful or eloquent at all in making his points" in Bush v. Gore. "[A]lthough he seemed to have a very good grasp of the facts, he seemed completely incapable of drawing powerful, irresistible inferences from those facts that painted his opposition into a corner".

See also



References

Cites

Breaking Legal News Featured Author

Articles

  • Cover Story, Forbes Magazine: "David Boies Takes on Eliot Spitzer in the Fight over AIG", by Daniel Fisher, Carrie Coolidge and Neil Weinberg, May 9, 2005
  • Cover Story, New York Magazine: "The Trials of David Boies Why one Superlawyer has a Hand in Virtually All the High-profile cases of the Day. And How Bush v. Gore became the One that Got Away" by Chris Smith, February 26, 2001
  • Cover Story, New York Times Sunday Magazine, "David Boies: The Wall Street Lawyer Everyone Wants" by Cary Reich, June 1, 1986
  • Newsweek Magazine: "Microsoft's Tormentor How an affable trial lawyer with an understated canniness is driving Gates & Co. to the wall", March 1, 1999
  • Vanity Fair "1999 Hall of Fame" December 1999
  • The Financial Observer: "The Golden Boies", by Renee Kaplan, September 18, 2000
  • Vanity Fair: "The Man who ate Microsoft" by David Margolick, March 2000
  • The National Law Journal: "Lawyer of the Year", January 3, 2000
  • Esquire Magazine: "What Does $750 an Hour Get You? A week in the datebook of David Boies" by Andrew Chaikivsky, May 2003
  • Vanity Fair: excerpt from David Boies book "Courting Justice" September 2004
  • Anna Schneider-Mayerson. The Boies Family: Super-lawyer David Boies has been the go-to guy for legions of powerful people and institutions, including Al Gore, George Steinbrenner and CBS. Plus he's friends with both his ex-wives. New York Observer (Dec. 18, 2006)[6530]
  • David Olive. Betrayal catches Black by surprise. Toronto Star (Nov. 24, 2003)[6531]


Books

  • Courting Justice: From New York Yankees vs. Major League Baseball to Bush vs. Gore, 1997-2000 (Miramax Books, 2004) ISBN 0-7868-6838-4
  • v. Goliath: The Trials of David Boies, by Karen Donovan (Pantheon, 2005) ISBN 0-375-42113-0


External links



Footnotes


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