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Boies, Schiller & Flexner LLP

New York

  • 575 Lexington Avenue
  • 7th Floor
  • New York
  • New York
  • USA
  • NY 10022
  • Tel:+1 212 446 2300
  • Fax:+1 212 446 2350
  • Web:Visit website
  • Managing Partners: David Boies, Jonathan D Schiller, Donald L Flexner
  • Number of partners: 97
  • Number of other lawyers: 167

Firm Overview:
Boies, Schiller & Flexner LLP, based in New York City, has over 260 lawyers practicing in offices strategically located throughout the United States. The firm has tried more than 450 cases before juries and judges in federal and state courts throughout the United States. The firm regularly serves as lead counsel on complex, high profile global matters. Firm Chairman David Boies was lead counsel for the United States in United States v Microsoft, and BSF has been lead counsel in many leading cases including for Oracle in copyright infringement litigation against SAP; Jonathan Schiller for Barclays in bankruptcy litigation stemming from Barclays’ acquisition of Lehman Brothers’ North American operations; Jonathan Schiller for Barclays in defense of U.S. Libor litigation; for Starr International and Maurice ‘Hank’ Greenberg, former Chairman and CEO of AIG and CEO of Starr, in multiple matters against AIG and regulatory bodies; for American Express against Visa and Mastercard; for NASCAR in major antitrust suits; for plaintiffs in Hollingsworth v.Perry, the federal challenge to California’s same-sex marriage ban; for US Vice President Al Gore in Bush v Gore; and for the plaintiff class in In re Vitamins. The firm has established and enjoys a world-class reputation for its highly successful Litigation Practice. In addition, the firm has a successful Corporate Practice based in New York.

Main Areas of Practice:
Complex commercial trials and litigation, including antitrust, securities, financial products, intellectual property, insurance, and international arbitration are the leading and defining forces of Boies, Schiller & Flexner’s practice. The firm is widely recognized as having one of the most selective and entrepreneurial class action practices in the country, representing both plaintiffs and defendants in cases involving a broad range of subject matters. The firm also represents corporate clients and financial institutions in significant merger and acquisition, joint venture, commercial banking, securities, venture capital, and private investment fund transactions, including by defending transactions before state and federal agencies. The Corporate Practice has a proven record in representing clients in significant crossborder transactions.

International Work:
Boies, Schiller & Flexner partners have participated in arbitral proceedings representing clients before tribunals in Paris, Geneva, London, Zurich, Stockholm and Hong Kong and throughout the United States. The international practice is headed by Managing Partner Jonathan Schiller, who is a member of the Milan Chamber of National and International Arbitration Club of Arbitrators and serves as an advocate and arbitrator in international arbitration. In October 2009, Russia’s Federal Customs Service dropped a $22.5 billion RICO suit against BSF client The Bank ofNew York Mellon in Moscow, without any admission of liability by BONY Mellon, in a deal negotiated with the Russian government; the case was settled for $14 million - less than 1% of claimed damages. Jonathan Schiller led the firm’s defense of parallel proceedings in the Netherlands and United States courts arising out of Qwest’s co-ownership of the Dutch telecommunications joint venture, KPNQwest. Among other successes, the Third Circuit affirmed a dismissal of a $9 billion fraud claim brought by the bankruptcy trustees of the joint venture, and the Amsterdam Commercial Court dismissed a fraud claim on behalf of a Dutch shareholders’ association. The firm’s international Arbitration Practice includes ICC, LCIA, UNCITRAL, ICSID, AAA, NASD and ad hoc arbitration.

Clients:
Boies, Schiller & Flexner headed up the trial team that secured a $1.3 billion jury verdict in the Northern District of California for client Oracle in copyright infringement litigation against SAP, their largest competitor in the enterprise software industry. This win marks the largest copyright infringement verdict in history by a factor of ten and the largest verdict of any kind in 2010. The US Bankruptcy Court for the Southern District of New York, after a six month trial, ruled in favor of Boies, Schiller & Flexner client Barclays PLC on February 22, 2011 that Barclays’ purchase of Lehman’s broker dealer unit in September 2008 was done in good faith, and denied the bankrupt bank’s request to recover an alleged $11 billion ‘windfall’. The firm also secured a multi-billion cash and securities settlement for Barclays in December 2008, and is working closely with Barclays in ongoing litigation and regulatory matters surrounding the interest rate benchmark Libor. In a landmark ruling upholding the constitutional right to marry, the Ninth Circuit US Court of Appeals ruled on February 7, 2012, in favor of the plaintiffs in Perry v. Brown, the historic same-sex marriage civil rights case. The lawsuit arrived in the Ninth Circuit after the plaintiffs achieved a resounding victory in the district court in August 2010; the U.S. Supreme Courtwill hear and rule on the case in 2013.The firm also achieved a $4.3 billion jury verdict in New York for Maurice ‘Hank’ Greenberg, former Chairman and CEO of American International Group Inc. and CEO of the C.V. Starr companies in action brought by AIG. The firm additionally settled all remaining claims brought by AIG against Greenberg and Starr International Company, including billions of dollars in damages and the return of multi-million dollar works of art. The firm is currently bringing a $50 billion derivatives suit against the U.S. government on behalf of Starr, asserting the unlawful taking of 80% of AIG’s common stock without just compensation. Working as co- lead counsel, the firm reached a proposed settlement for $50 to $80 million for a class of investors in Fairfield Greenwich Group, the largest Madoff “feeder fund,” filed November 6, 2012 in New York federal court. On behalf of a class of direct and indirect purchasers, in May 2012 the firm negotiated a $10.5 million settlement in a price-fixing case brought against Chinese producers of vitamin C, marking the first-ever settlement of U.S. civil antitrust claims by a Chinese company. In July 2005, Kentucky Speedway brought monopolization and conspiracy claims against Boies, Schiller & Flexner clients NASCAR and its affiliate International Speedway Corp., seeking more than $1.2 billion in damages. In a unanimous decision released December 11, 2009, the US Court of Appeals for the Sixth Circuit affirmed summary judgment in favor of Boies, Schiller & Flexner clients NASCAR and International Speedway Corp. (ISC) in Kentucky Speedway’s antitrust case. BSF won a complete defense victory, affirmed on appeal in December 2012, in the trial of a nationwide class action brought against American Express regarding its travel insurance programs for card members; the firm is also representing American Express in an antitrust suit brought by the US Department of Justice in October 2010. In addition, BSF is handling the representation of DuPont and Pioneer Hi-bred in litigation against Monsanto alleging monopolization by Monsanto of biotech traits in soybeans and corn seeds. The firm’s clients include some of the largest and most sophisticated companies in the world: Altria, American Express, Bank of New York Mellon, Barclays, CBS Corporation, C.V. Starr&Co., Delta Air Lines, Del Monte Fresh Produce Co., DuPont, Ernst & Young, Florida Power & Light, Goldman Sachs, Lloyds of London, Maurice ‘Hank’ Greenberg, NASCAR, The National Football League, New York Life Insurance Company, Oracle, Pfizer, Philip Morris International, Sony Corporation, Starr International Company, The New York Yankees, Tudor Investment, Yankees Entertainment & Sports Network and Zurich Capital Markets.

Branches

  • 575 Lexington Avenue,
  • 7th Floor,
  • New York,
  • USA
  • NY 10022
  • Tel +1 212 446 2300
  • Fax +1 212 446 2350
  • Website : www.bsfllp.com

Antitrust - Florida

THE FIRM This antitrust team focuses largely on the litigation aspects of antitrust law, and is recognized for its representation of clients in both plaintiff and defense-side work. Notable recent mandates include representing Fresh Del Monte Produce in antitrust litigation involving allegations of anticompetitive behavior in the pineapple market. The team also acted for Office Depot alongside a number of other corporate plaintiffs who have opted out of class actions in respect of the California LCD antitrust litigation.

Sources say: "A consistent player in a lot of the big cases."

KEY INDIVIDUALS Stuart Singer is a "very bright antitrust lawyer, both analytically and on the litigation side." In addition to his antitrust practice, he is also active in intellectual property and energy-related litigation. One source enthused: "He is a superb lawyer who not only obtains results but is at the forefront of some very interesting legal issues. I give him an unqualified recommendation."

Litigation - Florida

THE FIRM This firm wins praise for its consistently high-quality performance in the litigation sphere. Sources affirm that the team is well versed in resolving disputes, be it by litigation, arbitration or mediation. Furthermore, the group has the capacity to handle disputes in a broad range of sectors, from intellectual property to healthcare. It acts in both state and federal courts as it has an extensive countrywide footprint. 

Sources say: "We go back to the firm due to its quality and success rate. The lawyers I use work very well with us."

KEY INDIVIDUALS Stuart Singer is widely viewed as "an outstanding advocate who is very smart with a strong academic background." He is credited with a profound knowledge of legal ethics matters in addition to an admirable courtroom presence.

Carlos Sires is praised for his skill as a trial lawyer, and acts on several of the firm's most significant litigation cases.

Antitrust - Nationwide

THE FIRM This group continues to have an outstanding reputation for its litigation work and many of its litigators are also skilled in the antitrust space. It has an active presence in both Florida and New York. It undertakes a significant amount of plaintiff-side work and has been involved in cases such as the LCD class action suit on behalf of opt-out plaintiffs.

Sources say: "For pure antitrust litigation, they are excellent."

KEY INDIVIDUALS Two of the named partners at the firm, David Boies and Donald Flexner, remain the firm's antitrust lead lawyers. In Florida, Stuart Singer is the key partner.

Antitrust - New York

THE FIRM Litigation specialist Boies, Schiller & Flexner is a capable antitrust firm, whose big-name litigators are renowned for their skill and experience in the area. Practicing both on the plaintiff and defense side, it is particularly well regarded for its class action practice.

KEY INDIVIDUALS David Boies is "the litigation crisis guy" according to sources. He is held in the highest regard by peers for his "exceptional advocacy" in antitrust disputes.

Donald Flexner also garners "high respect" from commentators for being a "very tough antitrust litigator" and for his outstanding knowledge in the area. He is the firm's managing partner.

Litigation - New York

THE FIRM There is little in today's litigation arena that this highly skilled group is not able to handle. Its leading practitioners are experienced trial lawyers with success across a broad spectrum of industries, and who are regularly involved in some of the most significant cases. Commentators particularly highlight the group's versatility in representing institutional plaintiffs in securities litigation, and its experience in defending securities cases.

Sources say: "It has one of the most active trial practices and is really good at it."  

KEY INDIVIDUALS David Boies is consistently lauded by sources as "the best civil litigator in the country," and stands out for his ability to "make the impossible understandable." Those who have witnessed his work consider him to be "brilliant in the courtroom," and confirm his reputation as a star litigator both in New York and across the country.