David Boies (/bɔɪz/; born March 11, 1941) is an American lawyer and chairman of the law firm Boies, Schiller & Flexner. Boies rose to national prominence for three major cases: leading the U.S. federal government's successful prosecution of Microsoft in United States v. Microsoft Corp., his representation of Democratic presidential candidate Al Gore in Bush v. Gore, and for successful representing of the plaintiff in Hollingsworth v. Perry, which invalidated California Proposition 8 banning same-sex marriage. Boies has defended numerous other high-profile clients in the United States, including Theranos, tobacco companies, and Harvey Weinstein.
Boies at the 2011 Time 100 gala
|Born||March 11, 1941|
|Alma mater||Northwestern University (BS)|
Yale University (JD)
New York University (LLM)
|Employer||Boies, Schiller & Flexner|
|Spouse(s)||Caryl Louise Maniscalco|
Boies was born in Sycamore, Illinois, to two teachers, and raised in a farming community. He has four siblings. His first job was when he was 10 years old—a paper route with 120 customers. Boies has dyslexia and he did not learn to read until the third grade.
Journalist Malcolm Gladwell has described the unique processes of reading and learning Boies experienced due to his dyslexia. Boies's mother, for instance, would read stories to him when he was a child and Boies would memorize them because he could not follow the words on the page.
In 1954, the family moved to California. Boies graduated from Fullerton Union High School in Fullerton, California. Boies attended the University of Redlands from 1960–62, received a B.S. degree from Northwestern University in 1964, a J.D. degree magna cum laude from Yale Law School in 1966 and an LL.M. degree from New York University School of Law 1967; he was awarded an honorary LL.D. from the University of Redlands in 2000.
Boies was an attorney at Cravath, Swaine & Moore, where he started upon law school graduation in 1966 and became a partner in 1973. 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. 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. It is currently rated 23rd in "overall prestige" and 15th among New York law firms by Vault.com, a website on legal career information.
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".
In 2017, Boies' firm reportedly directed private intelligence company Black Cube to spy on alleged victims of Harvey Weinstein's sexual abuse and on reporters who were investigating Weinstein's actions. Over the course of a year, Weinstein had Black Cube and other agencies "“target,” or collect information on, dozens of individuals, and compile psychological profiles that sometimes focussed on their personal or sexual histories."  A few days later, The New York Times announced it had “terminated its relationship” with Boies' firm.
According to The Wall Street Journal, Boies negotiated Harvey Weinstein's contract without saying to Weinstein Co. directors he had investment in the company's movies.
Boies features prominently in Bad Blood: Secrets and Lies in a Silicon Valley Startup, a nonfiction book by Wall Street Journal investigative reporter John Carreyrou about fraud at the blood testing company Theranos. In Carreyrou's reporting, Boies, lawyers Heather King and Michael Brille, and his firm are described as protecting the startup using surveillance of witnesses and journalists, weaponized use of non-disclosure agreements and affidavits, intimidation tactics, and other heavy-handed practices. Boies Schiller Flexner LLP is portrayed by Carreyrou as acting as an extension of Theranos, including the use of the law firm's New York offices for hosting promotional meetings such as a faked blood test administered to Fortune writer Roger Parloff. According to Carreyrou, Boies agreed to be paid for his firm's work in Theranos stock, which he expected to grow dramatically in value. He also served on the Theranos board of directors, raising questions about conflicts of interest.
Boies is dyslexic. He is frequently described as having a photographic memory that enables him to recite exact text, page numbers, and legal exhibits. Colleagues attribute his courtroom success in part to this ability.
David and Mary Boies also fund the "Mary and David Boies Fellowships" for foreign students at the Harvard Kennedy School. The Boies give an annual picnic at their home for the incoming Teach for America corps for New York City (300–500 people). They support the Central European and Eurasian Law Institute (CEELI), a Prague-based institute that trains judges from newly democratized countries in Eastern Europe and the Middle East. There is a "Mary and David Boies Reading Room" at the CEELI Institute in Prague.
8 (or 8 the Play) is an American play that portrays the closing arguments of Perry v. Schwarzenegger, a federal trial that led to the overturn of Proposition 8—an amendment eliminating rights of same-sex couples to marry in California. It was created by Dustin Lance Black in light of the court's denial of a motion to release a video recording of the trial and to give the public a true account of what transpired in the courtroom.
The play is written in the style of verbatim theatre reenactment, using transcripts from the trial, journalist records, and media interviews from the plaintiffs, defendants and proponents involved. 8 first premiered on September 19, 2011 at the Eugene O'Neill Theatre in New York City, and later broadcast worldwide from the Ebell of Los Angeles on March 3, 2012. On October 22, 2012, a one-night-only reading was performed at the downtown Crest Theater in Sacramento, California, U.S.The American Foundation for Equal Rights (AFER) and Broadway Impact, sponsors of the play, have licensed the play for readings nationwide on college campuses and in community theaters free of charge, as an educational tool.A radio adaptation was broadcast on JOY 94.9, a GLBTIQ community radio station in Melbourne, Australia, on March 27, 2014.American Foundation for Equal Rights
The American Foundation for Equal Rights (AFER) is a nonprofit organization established in 2009 to support the plaintiffs in Hollingsworth v. Perry (formerly Perry v. Brown or Perry v. Schwarzenegger), a federal lawsuit challenging California's Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. AFER retained former United States Solicitor General Theodore B. Olson and David Boies (who worked on opposite sides in Bush v. Gore) to lead the legal team representing the plaintiffs challenging Proposition 8.AFER, along with Broadway Impact, an organization of theater artists and fans, sponsors "8", a play reenacting the trial of Perry v. Schwarzenegger. The two organizations are licensing "8" for free to college and community theatres worldwide. All-star readings of "8" have been produced on Broadway and in Los Angeles.Armonk, New York
Armonk is a hamlet and census-designated place (CDP) in the town of North Castle, New York located in Westchester County. As of the 2010 census, Armonk's CDP population is 4,330 and it has a total area of 6.1 square miles (15.7 km2), of which 6.0 square miles (15.5 km2) is land and 0.077 square miles (0.2 km2), or 1.54 percent, is water. Armonk is well known as being the headquarters of IBM.Boies Schiller Flexner LLP
Boies Schiller Flexner LLP is an American law firm founded by David Boies and Jonathan D. Schiller in 1997. In 1999, the founders were joined by Donald L. Flexner, former partner with Crowell & Moring, becoming Boies, Schiller & Flexner.
The firm has become known for its involvement in high-profile litigation, having represented the Department of Justice in the antitrust action United States v. Microsoft, as well as Vice President Gore in the Supreme Court case Bush v. Gore. More recently, Boies successfully challenged the constitutionality of California's Proposition 8 in Perry v. Brown, and represented the National Football League in the antitrust litigation initiated by the players' union. The firm has drawn controversy for its aggressive tactics during representation of Harvey Weinstein amidst sexual abuse allegations and the now-defunct blood testing startup Theranos.Courting Justice
Courting Justice is a non-fiction book by David Boies, published in 2004 by Miramax Books.
This book covers some of the cases of high-profile attorney David Boies, recounted by Boies in memoir-like style. These cases include Bush v. Gore (2000), United States v. Microsoft, and New York Yankees v. Major League Baseball.David and Goliath (book)
David and Goliath: Underdogs, Misfits, and the Art of Battling Giants is a non-fiction book written by Malcolm Gladwell and published by Little, Brown and Company on October 1, 2013. The book focuses on the probability of improbable events occurring in situations where one outcome is greatly favored over the other. The book contains many different stories of these underdogs who wind up beating the odds, the most famous being the story of David and Goliath. Despite generally negative reviews, the book was a bestseller, rising to #4 on The New York Times Hardcover Non-fiction chart, and #5 on USA Today's Best-Selling Books.Information Society Project
The Information Society Project (ISP) at Yale Law School is an intellectual center studying the implications of the Internet and new information technologies for law and society. The ISP was founded in 1997 by Jack Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Jack Balkin is the director of the ISP.
Yale ISP faculty members, postdoctoral fellows, and law school student fellows engage in research, education, and social activism geared toward promoting global access to knowledge, advocating democratic values in the information society, and protecting and expanding civil liberties in the Information Age. The ISP has contributed to the development of the Access to Knowledge social movement, which aims to build an intellectual framework that will protect access to knowledge both as the basis for sustainable human development and to safeguard human rights. ISP-led courses, projects, a weekly speaker series, and workshops that integrate Yale law students into the exploration of new problems in collaboration with departments across the Yale campus. The ISP also provides advice and education to policy makers, business leaders, nonprofit organizations, and the global legal community. International conferences organized by the ISP have addressed topics such as Access to Knowledge, Cybercrime, Library 2.0, Open ICT Standards, Globalization and Information Flows, and Search Engine Law.
Valerie Belair-Gagnon is the Executive Director of the ISP (2014–present). Previous Executive Directors have included Margot E. Kaminsky (2011–14) and Laura DeNardis (2008-11), and Eddan Katz.
Faculty Fellows have included: Yochai Benkler, Professor of Law; Ian Ayres, William K. Townsend Professor of Law; Robert Post (law professor), David, Boies Professor of Law; Carol Rose, Gordon Bradford Tweedy, Professor of Law and Organization; and Henry Smith, Professor of Law. Fellows have included: Beth Simone Noveck, Mike Godwin, Wendy Seltzer, Peter Suber, and Michael Zimmer.
The official Twitter handle is @yaleisp.Kathleen M. Brown
Kathleen M. Brown is an American historian specializing in early American and Atlantic history, the history of comparative race, gender, and sex, and the history of abolition and human rights. She is currently the David Boies Professor of History at the University of Pennsylvania.List of people claimed to possess an eidetic memory
A number of people claim to have eidetic memory, but science has never found a single verifiable case of photographic memory. Eidetic imagery is virtually nonexistent in adults. Most people showing amazing memory abilities use mnemonic strategies, mostly the method of loci. This includes all winners of the annual World Memory Championships and most of the known scientific cases of excellent memories, like Solomon Shereshevsky. Regardless, the following list contains people who have claimed photographic memory.List of people from Fullerton, California
Here follows a list of people from Fullerton, California; that is, of persons born in or who have spent a significant portion of their life in Fullerton, California.
Paul Abbott, baseball pitcher
Dick Ackerman, politician
Agent Orange (band)
Alfie Agnew, mathematician, songwriter and musician
Frank Agnew, songwriter and musician
Rikk Agnew, songwriter and musician
Ed Amelung, baseball player
David Boies, attorney
Jackson Browne, folk music singer-songwriter, graduated from Sunny Hills High School
Shaun Butler, BMX rider
James Cameron, Oscar-winning film director
Gary Carter, baseball player, member of MLB Hall of Fame, attended Sunny Hills High School
Sam L. Collins, politician
CJ Cron, a professional baseball player for the Minnesota Twins
Kevin Costner, actor and Oscar-winning director, graduate of California State University, Fullerton
Suzanne Crough, actress
Dennis Danell, musician
William E. Dannemeyer, politician
Philip K. Dick, author, science fiction
Viet D. Dinh, assistant U.S. Attorney General under George W. Bush
Jim Edmonds, baseball player
Leo Fender, inventor, guitar manufacturer
C.S. Forester, novelist
Jeremy Gable, playwright
James Harder, engineer, professor
Chris Hebert, actor
Lynn Hill, competitive rock climber
D. J. Houlton, baseball player who currently plays for Yomiuri Giants in Japan
Wesley Jansen, actor
Randy Jones, baseball pitcher
Dan Kennedy, soccer player
Kourtney Kunichika, professional ice hockey player for the Buffalo Beauts of the NWHL
Tommy Lasorda, Hall of Fame baseball manager and Dodgers executive, lives in Fullerton
Leon Leyson, believed to be the youngest member of the Schindlerjuden who were saved from the Holocaust by Oskar Schindler
Mike Ness, musician
Phil Nevin, baseball player
David Newhan, baseball player
Lon Nol, former president of Khmer Republic
Jory Prum, recording engineer
John Raitt, Broadway, television, and film actor and singer
Shawn Ray, bodybuilder
Brian St. Clair, drummer for Local H, was raised in Fullerton, California
Jack Salveson, baseball player
Steven Seagal, actor
Jeff Soto, contemporary artist
Stacey Q, singer, songwriter & actress
Gwen Stefani, singer and television personality
Skip Stellrecht, actor
John Sullivan, football player
Jeff Tam, baseball player
Kelly Thomas, homeless man beaten to death by the Fullerton Police Department
Tui St. George Tucker
Keith Van Horn, basketball player
Arky Vaughan, Hall of Fame baseball player
John Witt (Ballhawk)
Mike Witt, baseball pitcher
Eric Wynalda, soccer player
Gary Zimmerman, football playerMarengo, Illinois
Marengo is a city in McHenry County, Illinois, United States approximately 60 miles west northwest of Chicago. The population was 7,648 as of the 2010 census.Miramax Books
Miramax Books was a publishing company started by Bob and Harvey Weinstein of Miramax Films and was known for the Percy Jackson & the Olympians series. It published the memoirs of many major celebrities, including David Boies, Madeleine Albright, Former Mayor of New York Rudy Giuliani, TV's Tim Russert, and others. Like Miramax Films.
In November 1998, the tentatively named Miramax/Talk Media Books, a division of Miramax's Talk Media, was started with the naming of its Jonathan Burnham president and editor-in-chief. Miramax Books was dissolved into this new unit. Burnham would start on December 7. Miramax/Talk would published 10 to 15 total books a year, fiction and non-fiction, starting in 2000.Tina Brown, chair of Talk Media recruited a number of high profile authors, historian the British novelist Martin Amis and Simon Schama for the imprint. Mayor Rudolph W. Giuliani was paid $3 million in advance for his autobiography prior to 9-11. By April 2002, Talk Miramax Books had published 30 books, five of which made a national best-seller lists. The unit generated $10 million in revenue in 2001 and was profitable.In 2004, Miramax Books won the auction for Riordan's Percy Jackson & the Olympians manuscript.When the Weinsteins broke from Disney in 2005, five years before Miramax Films went for sale by Disney, the book division was still partly owned by the Weinsteins. So, a joint operation agreement for the company was made ending on September 30, 2007. Weinstein Brothers brought in CEO, Rob Weisbach, for Miramax Books while he also ran the Weinstein Books imprint at The Weinstein Company. Hyperion Books president Robert Miller, and Disney Publishing Worldwide president Deborah Dugan would be acquiring new books. Also, a financial stake in any books on the publication schedule from April 2005 to September 2007 would remain with The Weinsteins.Philip Gordon
Philip H. "Phil" Gordon (born 1962) is an American diplomat and foreign policy expert. From 2013 to 2015, Gordon served in the White House as Special Assistant to the President and White House Coordinator for the Middle East, North Africa, and the Persian Gulf Region. From 2009 to 2013 he served as Assistant Secretary of State for European and Eurasian Affairs.
Gordon is currently the Mary and David Boies senior fellow in U.S. foreign policy at the Council on Foreign Relations, where he focuses on US foreign policy, the Middle East, and Europe. He is also a Senior Adviser at Albright Stonebridge Group.Steven McGeady
Steven McGeady is a former Intel executive best known as a witness in the Microsoft antitrust trial. His notes and testimony contained colorful quotes by Microsoft executives threatening to "cut off Netscape's air supply" and Bill Gates' guess that "this anti-trust thing will blow over". Attorney David Boies said that McGeady's testimony showed him to be "an extremely conscientious, capable and honest witness," while Microsoft portrayed him as someone with an "axe to grind." McGeady left Intel in 2000, but later again gained notoriety for defending his former employee Mike Hawash after his arrest on federal terrorism charges. From its founding in 2002 until its sale in November 2013, he was Chairman of Portland-based healthcare technology firm ShiftWise. He is a member of the Reed College Board of Trustees, the Portland Art Museum Board of Trustees, and the PNCA Board of Governors, and lives in Portland, Oregon.The Case Against 8
The Case Against 8 is an American documentary film, which premiered at the 2014 Sundance Film Festival on January 18, 2014. Directed and produced by Ben Cotner and Ryan White, the film documents the legal battle to overturn California's Proposition 8, focusing in particular on behind-the-scenes footage of David Boies and Theodore Olson during the Perry v. Schwarzenegger case.Cotner and White won the Directing Award: U.S. Documentary at the Sundance Film Festival. The film was also subsequently screened at the 2014 SXSW festival, where it won an Audience Award.The film screened at the 2014 Hot Docs Canadian International Documentary Festival in Toronto, Ontario and went on to screen within such festivals as SXSW and Maryland Film Festival. The film also received a limited theatrical release in June 2014, screening in New York City, Los Angeles and other major US cities before airing on HBO on June 23.In Australia, it screened in conjunction with Queer Screen and Australian Marriage Equality on the 20th of August Independent MP and Chair of AME Alex Greenwich introduced the film to the audience where he mentioned Australia's conservative government pollster Crosby Textor Group and the research that has polled the biggest support for same-sex marriage in Australia where 72% of Australians support legalising same-sex marriage.Theodore Olson
Theodore Bevry Olson (born September 11, 1940) is an American lawyer, practicing at the Washington, D.C. office of Gibson, Dunn & Crutcher. Olson served as United States Solicitor General (June 2001-July 2004) under President George W. Bush.Thomas Sugrue
Thomas J. Sugrue (born 1962, Detroit, Michigan) is an American historian of the 20th-century United States at New York University. From 1991 to 2015, he was the David Boies Professor of History and Sociology at the University of Pennsylvania and founding director of the Penn Social Science and Policy Forum. His areas of expertise include American urban history, American political history, housing and the history of race relations. He has published extensively on the history of liberalism and conservatism, on housing and real estate, on poverty and public policy, on civil rights, and on the history of affirmative action. His most recent collaboration with Glenda Elizabeth Gilmore, These United States: A Nation in the Making 1890 to the Present, was published in 2015.United States v. Microsoft Corp.
United States v. Microsoft Corporation, 253 F.3d 34 (D.C. Cir. 2001), was a noted American antitrust law case in which the U.S. government accused Microsoft of illegally maintaining its monopoly position in the PC market primarily through the legal and technical restrictions it put on the abilities of PC manufacturers (OEMs) and users to uninstall Internet Explorer and use other programs such as Netscape and Java. At trial, the district court ruled that Microsoft's actions constituted unlawful monopolization under Section 2 of the Sherman Antitrust Act of 1890, and the U.S. Court of Appeals for the D.C. Circuit affirmed most of the district court's judgments.
The plaintiffs alleged that Microsoft had abused monopoly power on Intel-based personal computers in its handling of operating system and web browser integration. The issue central to the case was whether Microsoft was allowed to bundle its flagship Internet Explorer (IE) web browser software with its Windows operating system. Bundling them is alleged to have been responsible for Microsoft's victory in the browser wars as every Windows user had a copy of IE. It was further alleged that this restricted the market for competing web browsers (such as Netscape Navigator or Opera), since it typically took a while to download or purchase such software at a store. Underlying these disputes were questions over whether Microsoft had manipulated its application programming interfaces to favor IE over third-party web browsers, Microsoft's conduct in forming restrictive licensing agreements with original equipment manufacturers (OEMs), and Microsoft's intent in its course of conduct.
Microsoft stated that the merging of Windows and IE was the result of innovation and competition, that the two were now the same product and inextricably linked, and that consumers were receiving the benefits of IE free. Opponents countered that IE was still a separate product which did not need to be tied to Windows, since a separate version of IE was available for Mac OS. They also asserted that IE was not really free because its development and marketing costs may have inflated the price of Windows.
The case was tried before Judge Thomas Penfield Jackson in the United States District Court for the District of Columbia. The DOJ was initially represented by David Boies. Compared to the European Decision against Microsoft, the DOJ case is focused less on interoperability and more on predatory strategies and market barriers to entry.
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