David Boies
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David Boies | |
Born | March 11, 1941 Marengo, Illinois |
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Occupation | Attorney |
Spouse | Mary McInnis Boies |
David Boies (born March 11, 1941) is a lawyer and Chairman of Boies, Schiller & Flexner LLP [1]. He has been involved in various high-profile cases in the United States.
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[edit] Upbringing and education
Both his parents were teachers and he was born in Marengo, Illinois as were three of his 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.[2] In 1954 the family moved to California. Boies graduated from Fullerton Union High School in Fullerton, California. Boies attended the University of Redlands, and studied law at Northwestern and Yale universities. He received a B.S. from Northwestern in 1964, an LL.B. magna cum laude from Yale in 1966 and an LL.M. from New York University 1967; he was awarded an LL.D. from the University of Redlands in 2000. He currently serves on the Board of Trustees of the National Constitution Center [1] in Philadelphia, a museum dedicated to the U.S. Constitution.
[edit] Personal life
He has been married three times. He married his first wife — his high school sweetheart — just prior to enrolling at Redlands. While at Redlands he also taught journalism at a local mental hospital. He was the president of the campus Young Republicans. While studying law at Northwestern he conducted an affair with the wife of one of his professors, leading to his banishment from the campus. The woman, Judith Fillman, later became his second wife. He met his third wife Mary McInnis — a lawyer — while she was on the White House staff in the late '70s. Boies was then on a sabbatical from Cravath while working with the U.S. Senate Antitrust Subcommittee. He had been divorced from his second wife for over five years. They have between them two children. One of Boies's sons is also named David.
Boies owns a home at Westchester County, New York, a restaurant in Northern California, an oceangoing yacht and a large wine collection.[3]
[edit] Professional history
[edit] Law firm
Boies was a highly successful attorney at Cravath, Swaine & Moore for many years. He left Cravath over a conflict of interests in 1997, regarding the Major League Baseball case (below). He left the firm within 48 hours of being informed of the conflict and created his own firm, now known as Boies, Schiller & Flexner LLP.
[edit] 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.
[edit] Academia
Boies has taught courses at New York University Law School and Cardozo School of Law.
[edit] Notable cases
- IBM — At Cravath, Boies assisted top litigator Thomas Barr in defending IBM in the 13-year antitrust cases brought by the Justice Department and many private competitors.
- Microsoft — Years later famously took the "other side" by representing the Justice Department in the United States v. Microsoft case. Although the trial was a victory for Boies, Microsoft won many issues on appeal.
- Major League Baseball — Boies represented New York Yankees owner George Steinbrenner in a suit against Major League Baseball. This would involve an action against all the teams. The Atlanta Braves were owned by Time Warner, a longtime Cravath client.
- CBS — He defended CBS in the action brought by William Westmoreland. The general abandoned his case during the trial.
- Bush v. Gore — Following the 2000 U.S. presidential election, he represented Vice President Al Gore in Bush v. Gore.
- Napster — He defended Napster when the company was sued by the RIAA for facilitating copyright infringement.
- Enron — In November 2003, he represented Andrew Fastow, deposed Chief Financial Officer of Enron.
- SCO — Boies has been retained by the SCO Group in their pursuit of alleged infringement of their rights to the UNIX intellectual properties.
- Other Cases & Clients — 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.
[edit] Philanthropy
- A professorial chair — the David Boies Professor — has been established at Yale University, the University of Pennsylvania and the University of Redlands, the college which Boies attended. The current holder of the professorship at Penn is Sheldon Hackney a professor of history. The chair is named after Boies' father.
- David Boies and his wife, Mary, recently announced their intention to donate $5 Million to Northern Westchester Hospital, in Mount Kisco, New York. Part of an ongoing capital campaign, the Boies' money will be used to renovate the hospital's emergency room facilities.[4]
[edit] Quotes
- "Never in a thousand years could I have predicted such a large recovery. Mr. Boies has to be the Tiger Woods of the legal profession."
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- --fellow lawyer Fred Furth on the Sotheby's and Christie's price fixing class-action lawsuit.[5]
[edit] Recent headlines
Boies, Schiller & Flexner LLP recently assisted the government in obtaining a $155 Million settlement from Medco Health Solutions related to a qui tam complaint which alleged that Medco, "systematically and intentionally switched patients' prescriptions in an effort to increase the market share for certain pharmaceutical manufacturers, and thereby increased hidden rebate payments it received from pharmaceutical manufacturers."[6] In response to the settlement, Mr. Boies said, "I am very happy that lawyers from Boies, Schiller & Flexner were able to contribute to the litigation and settlement of this qui tam case, which will result in important changes in the way pharmacy managers do business by increasing their level of accountability to their patients. We are also very happy we could help the government recover the money it was erroneously billed by Medco, and that Medco agreed to execute a Corporate Integrity Agreement which will govern their conduct in the future."[7]
According to the New York Times, Boies, Schiller & Flexner LLP. recently negotiated a major settlement with The American International Group on behalf of its client, C. V. Starr, a firm controlled by Maurice R. Greenberg, the former chairman and chief executive of A.I.G. [8]
Boies was portrayed by actor Ed Begley Jr. in the 2008 film Recount (film).
[edit] Awards and honors
Time Magazine named Boies "Lawyer of the Year" in 2000.[9] This was as runner-up to George W. Bush as "Man of the Year."
[edit] Criticism
In his 2001 book, prosecutor and author Vincent Bugliosi criticized Boies' 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".[10]
[edit] See also
[edit] References
[edit] Cites
Breaking Legal News Featured Author
[edit] Articles
- 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)[2]
- David Olive. Betrayal catches Black by surprise. Toronto Star (Nov. 24, 2003)[3]
[edit] 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
[edit] Footnotes
- ^ Boies, Schiller & Flexner LLP Corporate Website
- ^ Private Sector; For a Hardened Lawyer, A Tender Personal Moment - New York Times
- ^ "Get Me Boies!" TIME magazine
- ^ "Northern Westchester Hospital gets $5 million pledge from lawyer couple" The Journal News. 10-31-06
- ^ Courting Justice, p. 352
- ^ Boies, Schiller & Flexner, LLP, and the U.S. Government Settle $155 Million False Claims Act Case Against Medco Health Solutions. PharmaLive News
- ^ Ibid.
- ^ Anderson, Jenny. "Insurer and Ex-Chief’s Firm Settle 18 Cases" The New York Times: 6 Dec 2006.
- ^ Vladimir Putin - Person of the Year 2007 - TIME
- ^ The Betrayal of America
Persondata | |
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NAME | Boies, David |
ALTERNATIVE NAMES | |
SHORT DESCRIPTION | Attorney |
DATE OF BIRTH | March 11, 1941 |
PLACE OF BIRTH | Marengo, Illinois |
DATE OF DEATH | |
PLACE OF DEATH |