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==Professional history== ===Law firm=== Boies was an attorney at [[Cravath, Swaine & Moore]], where he started upon law school graduation in 1966<ref>{{Cite web|url=https://abovethelaw.com/2017/05/at-lunch-with-david-boies-20-years-after-his-departure-from-cravath/|title=At Lunch With David Boies, 20 Years After His Departure From Cravath|last=Lat|first=David|website=[[Above the Law (website)|Above The Law]]|date=May 23, 2017 |language=en-US|access-date=2019-12-30}}</ref> and became a partner in 1973.<ref>{{Cite book|title=Same-sex marriage : a reference handbook|url=https://archive.org/details/samesexmarriager0000newt_u7m4|url-access=registration|last=Newton |first=David E.|isbn=978-1-59884-708-6|location=Santa Barbara, California|oclc=693776864|date = September 2, 2010}}</ref> He left Cravath in 1997 when a major client objected to his representation of the [[New York Yankees]] even though the firm itself had found no conflict.<ref name="businessweek">{{cite web|url=http://www.businessweek.com/magazine/content/10_44/b4201116312155.htm|archive-url=https://web.archive.org/web/20101027165025/http://www.businessweek.com/magazine/content/10_44/b4201116312155.htm|url-status=dead|archive-date=October 27, 2010|title=Why David Boies Left Cravath |website=[[BusinessWeek]]|access-date=December 7, 2014}}</ref> He left the firm within 48 hours of being informed of the client's objection and created his own firm with his friend [[Jonathan Schiller]], now known as [[Boies, Schiller & Flexner LLP.]]<ref>{{Cite web|last=Parnell|first=David J.|title=Jonathan Schiller Of Boies Schiller: 'We Had Ideas About How A Good Law Firm Should Be Managed.'|url=https://www.forbes.com/sites/davidparnell/2017/03/07/jonathan-schiller-boies-schiller-how-a-good-law-firm-should-be-managed/|access-date=2021-09-21|website=[[Forbes]]|language=en}}</ref><ref>{{Cite web|title=Renowned Litigator Jonathan Schiller '73 Loves a Good Challenge|url=https://www.law.columbia.edu/news/archive/renowned-litigator-jonathan-schiller-73-loves-good-challenge|access-date=2021-09-21|website=www.law.columbia.edu|language=en}}</ref> It is currently rated 23rd in "overall prestige" and 15th among New York law firms by [[Vault.com]], a website on legal career information.<ref>{{cite web | publisher = [[Vault.com]] | title = Boies Schiller Flexner LLP 2019 Vault Rankings | url = http://www.vault.com/company-profiles/law/boies,-schiller-flexner-llp/company-rankings | access-date = April 19, 2019 | archive-url = https://archive.today/20190419183250/http://www.vault.com/company-profiles/law/boies,-schiller-flexner-llp/company-rankings | archive-date = April 19, 2019 | website = vault.com }}</ref> ===Notable cases=== ==== 1980s-2000 ==== From 1984 to 1985, Boies defended [[CBS]] in the libel suit ''[[Westmoreland v. CBS]]'', but after dragging on for two years, the case was dropped.<ref>Karen Donovan, ''V. Goliath: The Trials of David Boies'' (NY: Pantheon, 2005), 46–60.</ref> Following the [[2000 United States presidential election|2000 U.S. presidential election]], he represented Vice President [[Al Gore]] in ''[[Bush v. Gore]]''.<ref name="salon" />{{sfn|Carreyrou|2018|p=134}} In [[Jay Roach]]'s ''[[Recount (film)|Recount]]'', which focuses on the case, Boies is played by [[Ed Begley Jr]]. 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".<ref>''[[The Betrayal of America]]''</ref> In 2000, Boies lost the first important file-sharing case which ultimately put [[Napster]] into bankruptcy.<ref>{{cite web |title=Napster loses net music copyright case |date=2000-07-27 |website=[[The Guardian]] |archive-url=https://web.archive.org/web/20230325062323/https://www.theguardian.com/technology/2000/jul/27/copyright.news |archive-date=2023-03-25 |url-status=live |url=https://www.theguardian.com/technology/2000/jul/27/copyright.news}}</ref> ==== 2001-2010 ==== In 2001 Boies represented the Justice Department in the ''[[United States v. Microsoft Corp. (2001)|United States v. Microsoft Corp.]]'' case.{{sfn|Carreyrou|2018|p=134}} Boies won a victory at trial, and the verdict was upheld on appeal.<ref name="monthly">Andrew Cockburn, "Gates of Hell" (review of ''Pride Before the Fall: The Trials of Bill Gates and the End of the Microsoft Era'', by John Heilemann), in ''[[Washington Monthly]]'', March 2001, p. 53; Brendan I. Koerner, "Fatal Error", (review of ''World War 3.0: Microsoft and Its Enemies'', by [[Ken Auletta]]), in ''[[Washington Monthly]]'', March 2001, p. 54.</ref> The appellate court overturned 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".<ref name="salon">{{cite news| last =Tapper| first =Jake| author-link = Jake Tapper | title =Boies vs. Olson| work =[[Salon.com|Salon]]| date =November 19, 2000| url =http://archive.salon.com/politics/feature/2000/11/19/lawyers/index.html| access-date = April 27, 2009}}</ref> In 2001, the ''[[Washington Monthly]]'' called Boies "a brilliant trial lawyer", "a latter-day [[Clarence Darrow]]", and "a mad genius" for his work on the ''Microsoft'' case.<ref name="monthly" /> In 2006, Boies, Schiller & Flexner LLP negotiated a major settlement with The [[American International Group]] on behalf of its client, C. V. Starr, a firm controlled by [[Maurice Greenberg|Maurice R. Greenberg]], the former chairman and chief executive of [[American International Group#Bailout| A.I.G.]]<ref>{{cite web|url=https://www.nytimes.com/2006/12/06/business/06insure.html|title=Insurer and Ex-Chief's Firm Settle 18 Cases|first=Jenny|last=Anderson|date=December 6, 2006|website=[[The New York Times]]}}</ref> In 2008 Boies 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.<ref>[[The Wall Street Journal]], June 26, 2008. [[wsj.com|wsj.com/law]]</ref> In 2009, following the [[California Supreme Court]] ruling on ''[[Strauss v. Horton]]'', Boies joined former Solicitor General [[Theodore Olson]], the opposing attorney in ''Bush v. Gore'', in the lawsuit ''[[Perry v. Brown]]'' seeking to overturn the state of [[California]]'s [[California Proposition 8 (2008)|Proposition 8]] ban on [[same-sex marriage]].{{sfn|Carreyrou|2018|p=134}}<ref name="Williams, Carol J">{{cite news |author=Williams, Carol J. |date=May 26, 2009 |title=Bush vs. Gore rivals challenge Prop. 8 in federal court |url=http://latimesblogs.latimes.com/lanow/2009/05/bush-v-gore-rivals-challenge-prop-8-in-federal-court.html |access-date=May 26, 2009 |newspaper=[[Los Angeles Times]]}}</ref> In August 2010, the District Court judge ruled in their clients' favor, finding [[California Proposition 8 (2008)|Proposition 8]] to be unconstitutional. On June 26, 2013, the [[Supreme Court of the United States]] ruled that the proponents of [[California Proposition 8 (2008)|Proposition 8]] did not have standing to challenge the ruling, allowing the District Court judgment to stand. Same-sex marriages resumed in California on June 28, 2013. Also in 2009, the [[Golden Gate Yacht Club]] retained Boies for their ongoing dispute with [[Société Nautique de Genève]] regarding the [[33rd America's Cup]].<ref>{{cite web |title=GGYC Statement – August 20, 2009 |url=http://www.ggyc.com/acnews.php |url-status=dead |archive-url=https://web.archive.org/web/20090815081809/http://www.ggyc.com/acnews.php |archive-date=August 15, 2009}}</ref> In March 2010, Boies joined the team of attorneys representing [[Jamie McCourt]] in her divorce from [[Los Angeles Dodgers]] owner [[Frank McCourt (executive)|Frank McCourt]].<ref>{{cite news |last=Silverman |first=Billy |date=March 9, 2010 |title=Jamie McCourt Retains Famed Trial Lawyer David Boies |url=https://www.huffpost.com/entry/jamie-mccourt-retains-fam_n_491859 |work=[[HuffPost]]}}</ref> ==== 2010s ==== In 2011 Boies represented filmmaker [[Michael Moore]] regarding a Treasury Department investigation into Moore's trip to Cuba while filming for ''[[Sicko]]''.<ref>{{cite web|url=http://www.bsfllp.com/news/in_the_news/000035|title=Boies, Schiller & Flexner Defends Michael Moore Against Federal Investigation into "Sicko"|website=Boies Schiller Flexner LLP|access-date=March 13, 2011|archive-url=https://web.archive.org/web/20110708101619/http://www.bsfllp.com/news/in_the_news/000035|archive-date=July 8, 2011|url-status=dead}}</ref> Boies, Schiller & Flexner LLP assisted the government in obtaining a $155 million settlement from Medco Health Solutions related to a ''[[qui tam]]'' complaint which alleged that Medco helped some pharmaceutical companies make more money by driving prescriptions to them; along with making the payment Medco also signed a [[corporate integrity agreement]].<ref>{{cite web|url=http://www.pharmalive.com/News/index.cfm?articleid=387137&categoryid=54|title=Boies, Schiller & Flexner, LLP, and the U.S. Government Settle $155 Million False Claims Act Case Against Medco Health Solutions. PharmaLive News}}{{dead link|date=March 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{cite web|url=http://www.pharmalive.com/News/index.cfm?articleid=387137&categoryid=54|title=Ibid.}}{{dead link|date=March 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> Boies was part of the legal team representing the [[National Football League]] in their antitrust litigation, Brady v. NFL.<ref>[https://www.google.com/hostednews/ap/article/ALeqM5hYFOkIY1gB0wygoWnuK36j1E-b6A?docId=829e5b09cfb6496883cd969de5a97095]{{dead link|date=June 2024|bot=medic}}{{cbignore|bot=medic}} </ref> Boies represented the [[National Basketball Players Association]] during the [[2011 NBA lockout]]. He joined sides with [[Jeffrey L. Kessler|Jeffrey Kessler]], who opposed Boies as a representative for the players in the [[2011 NFL lockout]].<ref>{{cite news |last=Belson |first=Ken |title=Lawyer for N.F.L. in Lockout Joins Players in N.B.A. Fight |date=November 14, 2011 |newspaper=[[The New York Times]] |url=https://www.nytimes.com/2011/11/15/sports/basketball/lawyer-for-nfl-in-lockout-joins-players-in-nba-fight.html |archive-url=https://archive.today/20120905092514/http://www.nytimes.com/2011/11/15/sports/basketball/lawyer-for-nfl-in-lockout-joins-players-in-nba-fight.html?_r=1&ref=basketball |archive-date=September 5, 2012 |url-status=dead }}</ref> Boies was the lead counsel for [[Oracle Corporation]] in its lawsuit against [[Google]] on the use of [[Java (programming language)|Java programming language]] technology in the [[Android (operating system)|Android operating system]]. The case decided that Google did not infringe on Oracle's patents.<ref>[http://news.cnet.com/8301-1023_3-57440235-93/jury-verdict-android-doesnt-infringe-oracles-patents/ Jury verdict: Android doesn't infringe Oracle's patents] ''cnet.com'' Retrieved May 23, 2012.</ref> In 2014, on behalf of Mr. Greenberg, Boies brought a claim that the government's $85 billion bailout of AIG had been unfair to the company's owners.<ref>{{cite news |last1=Smythe |first1=Christie |date=June 15, 2015 |title=How Boies Did It: Relentless Focus on the U.S. Unfairness to AIG |url=https://www.bloomberg.com/news/articles/2015-06-15/how-boies-did-it-relentless-focus-on-u-s-unfairness-to-aig |access-date=February 5, 2016 |newspaper=[[Bloomberg.com]] |publisher=Bloomberg L.P.}}</ref> Boies charged Greenberg more than $50 million in legal fees.<ref>{{Cite news |last=Gasparino |first=Charlie |date=June 5, 2014 |title=Eclectic Who's Who Ready to Chip in for Greenberg's Defense |url=https://www.foxbusiness.com/features/eclectic-whos-who-ready-to-chip-in-for-greenbergs-defense |url-status=live |archive-url= |work=Fox News |pages=2}}</ref> Although the court accepted some of Boies's arguments, the court refused to award the plaintiffs a single dollar.<ref>{{Cite news |last=Kessler |first=Aaron |date=June 15, 2015 |title=Ex-A.I.G. Chief Wins Bailout Suit, but Gets No Damages |url=https://www.nytimes.com/2015/06/16/business/dealbook/judge-sides-with-ex-aig-chief-greenberg-against-us-but-awards-no-money.html |url-status=live |access-date=March 25, 2025 |work=New York Times}}</ref> On appeal, the [[United States Court of Appeals for the Federal Circuit]] rejected all of Boies's claims and threw out the trial court's decision.<ref>{{Cite news |last=John |first=Stempel |date=May 9, 2017 |title=Ex-AIG CEO Greenberg loses appeal over 2008 bailout |url=https://www.reuters.com/article/business/ex-aig-ceo-greenberg-loses-appeal-over-2008-bailout-idUSKBN1852G6/ |url-status=live |access-date=March 25, 2025 |pages=Reuters}}</ref><ref>{{Cite news |last=Dugan |first=Kevin |date=May 9, 2017 |title=Hank Greenberg loses appeal over AIG’s 2008 bailout |url=https://nypost.com/2017/05/09/hank-greenberg-loses-appeal-over-aigs-2008-bailout/ |url-status=live |access-date=March 25, 2025 |work=New York Post |pages=1}}</ref> In 2011, Boies began working as legal representation for the now defunct blood testing company, [[Theranos]].<ref name=cevanstewart/><ref name=solomon/>{{sfn|Carreyrou|2018|p=182}} Prior to joining their board, he worked for founder [[Elizabeth Holmes]] and her company as special adviser and attended all of the company's board meetings.{{sfn|Carreyrou|2018|p=182}} In February 2016, Boies agreed to both sit on the board of directors and act as the attorney for troubled Silicon Valley startup.<ref name=cevanstewart>{{citation|url=https://nysba.org/usa-v-holmes-why-lawyer-directors-are-a-bad-idea/|access-date=May 11, 2024|title=USA v. Holmes: Why Lawyer-Directors Are a Bad Idea|first=C. Evan |last=Stewart|date=October 5, 2021|work=New York State Bar Association|publisher=nysba.org}}</ref><ref name=solomon/> The controversial dual role was deemed difficult as he would have to represent both the company (as lawyer) and investors (as a director).<ref name=cevanstewart/><ref name=solomon>{{cite news|last1=Solomon|first1=Steven Davidoff|title=David Boies's Dual Roles at Theranos Set Up Conflict|url=https://www.nytimes.com/2016/02/03/business/dealbook/david-boiess-dual-roles-at-theranos-set-up-conflict.html|access-date=February 10, 2016|work=[[The New York Times]] |department=DealBook|date=February 2, 2016}}</ref> In the 2022 [[Hulu]] miniseries ''[[The Dropout]]'', Boies was portrayed by [[Kurtwood Smith]].<ref>{{citation|url=https://deadline.com/2021/08/the-dropout-sam-waterston-kurtwood-smith-anne-archer-recur-hulu-limited-series-1234809776/|access-date=May 11, 2024|work=Deadline|title='The Dropout': Sam Waterston, Kurtwood Smith & Anne Archer Join Hulu Limited Series|first=Denise |last=Petski|date=August 5, 2021}}</ref><ref>{{citation|url=https://www.menshealth.com/entertainment/g39313473/the-dropout-cast-vs-real-life-actors/|access-date=May 11, 2024|title=See The Dropout Cast Compared to Their Real-Life Counterparts - Amanda Seyfried really became Elizabeth Holmes.|first=Evan|last=Romano|date=April 6, 2022|work=Men's Health}}</ref> In 2012, Boies represented three tobacco companies, Philip Morris USA Inc., R.J. Reynolds Tobacco Co. and Liggett Group LLC, in their appeal of a $2.5 million Tampa jury verdict in the death of smoker Charlotte Douglas.<ref name="tbo">{{cite web|url=http://www2.tbo.com/news/breaking-news/2012/sep/06/florida-justices-hear-arguments-in-smokers-death-ar-485318/|title=Florida justices hear arguments in smoker's death |website=[[The Tampa Tribune]] |access-date=December 7, 2014 |archive-url=https://web.archive.org/web/20131228025357/http://tbo.com/news/florida-justices-hear-arguments-in-smokers-death-485318 |archive-date=December 28, 2013}}</ref> Later in 2012 Boies defended Gary Jackson, former president of [[Academi]] (previously known as BlackWater), in a federal prosecution which alleged he and his co-defendants illegally hid firearm purchases from the [[Bureau of Alcohol, Tobacco, Firearms and Explosives]].<ref name="thedailybeast">{{cite news|url=http://www.thedailybeast.com/articles/2013/03/14/exclusive-erik-prince-on-blackwater-s-secret-cia-past.html|title=Exclusive: Erik Prince on Blackwater's Secret CIA Past - The Daily Beast|newspaper=[[The Daily Beast]]|access-date=December 7, 2014|date=March 14, 2013|last1=Lake|first1=Eli}}</ref> In 2015, Boies represented [[Bob Weinstein]] and [[Harvey Weinstein]] in renegotiating the Weinsteins' employment contract.<ref>{{cite news|last1=Gangel|first1=Jamie|last2=Stelter|first2=Brian|title=Can the company Harvey Weinstein founded survive his scandal?|url=https://money.cnn.com/2017/10/12/media/weinstein-company-future/index.html|access-date=October 13, 2017|work=[[CNN]]|date=October 12, 2017}}</ref><ref>{{cite news|last1=Twohey|first1=Megan|title=Weinstein Company Was Aware of Payouts in 2015|url=https://www.nytimes.com/2017/10/11/business/weinstein-company.html|access-date=October 13, 2017|work=[[The New York Times]]|date=October 11, 2017|language=en}}</ref> According to ''[[The Wall Street Journal]]'', Boies negotiated Harvey Weinstein's contract without informing Weinstein Co. directors that he had an investment in the company's movies.<ref>{{cite web |last=Hagey |first=Keach |date=November 14, 2017 |title=Weinstein Co. Directors Dispute Lawyer David Boies's Role |url=https://www.wsj.com/articles/weinstein-co-directors-dispute-lawyer-david-boiess-role-1510618918 |access-date=February 16, 2019 |website=[[Wsj.com]]}}</ref> In 2017, Boies agreed to join the legal team for [[Lawrence Lessig]]'s legal fight against [[Plurality voting system|winner-take-all]] [[Electoral College (United States)|Electoral College]] vote allocations in the states.<ref name="to171005">{{cite news|last1=Perry|first1=Douglas|title=Electoral-college reform would have defeated Donald Trump; now some Republicans back effort, seek action before 2020|url=http://www.oregonlive.com/today/index.ssf/2017/10/electoral-college_reform_would.html|access-date=October 5, 2017|newspaper=[[The Oregonian]]|date=October 3, 2017}}</ref> [[Dallas Cowboys]] owner [[Jerry Jones]] hired Boies in 2017 to advise on Jones's legal strategy against [[National Football League|NFL]] commissioner [[Roger Goodell]] and the NFL compensation committee in the wake of the suspension of the running back [[Ezekiel Elliott]].<ref>{{Cite web |url=https://www.law360.com/articles/986796/david-boies-could-be-cowboys-owner-jerry-jones-hail-mary |title=David Boies Could Be Cowboys Owner Jerry Jones' Hail Mary - Law360 |last=Beeson |first=Ed |access-date=November 27, 2017}}</ref> Since 2019, Boies has represented several of [[Jeffrey Epstein]]'s victims including [[Virginia Roberts Giuffre]].<ref>{{Cite web|url=https://www.cnn.com/2019/08/12/us/jeffrey-epstein-associates-possible-accomplices/index.html|title=Who's who of Jeffrey Epstein's powerful friends, associates and possible co-conspirators|first=Eric |last=Levenson|website=[[CNN]]|date=August 13, 2019 |access-date=2020-02-23}}</ref><ref>{{Cite news|last=Brown|first=Julie K.|url=https://www.miamiherald.com/news/state/florida/article232312102.html|title=Dershowitz v. Boies: Jeffrey Epstein case unleashes war between two legal Goliaths|date=July 5, 2019|work=[[Miami Herald]]|access-date=February 23, 2020}}</ref> ==== 2020s ==== In 2025, he was hired by [[Rumble (company)|Rumble]] to represent the company in its antitrust suit against Google.<ref>{{Cite web |last=Scarcella |first=Mike |date=2025-05-14 |title=Rumble hires litigator David Boies in Google antitrust lawsuit ahead of trial |url=https://www.reuters.com/legal/legalindustry/rumble-hires-litigator-david-boies-google-antitrust-lawsuit-ahead-trial-2025-05-14/ |access-date=2025-05-14 |website=Reuters}}</ref>
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