Boies, Schiller & Flexner LLP

Boies, Schiller & Flexner LLP Company Profile

Boies, Schiller & Flexner LLP is a relative newcomer to the elite firm ranks but already boasts nearly 300 lawyers in 12 far-flung offices across the country, from Armonk to Oakland. As one of the nation's premier litigation shops, Boies is no stranger to heavy-hitter clients-when Microsoft got too big for its britches, no less than the U.S. Department of Justice came calling.  Over the years, the firm's clients have included American Express, Apple, Barclays, CBS, Delta Airlines, DuPont, Ernst & Young, Goldman Sachs, HSBC, John Hancock, Merck, , NASCAR, New York Yankees, Oracle, Philip Morris, SBC Communications (now AT&T), Sony,  SpaceX, Wynn Resorts and Zurich Insurance Group. 

Let Me into the Ballgame
It was David Boies' independent streak, or perhaps sheer cussedness, that led to his walking out on Cravath, Swaine & Moore in 1997. Star litigator Boies had spent 30 years under the Cravath awning (where he was notorious for running a "firm within a firm") but knocked heads with firm brass when he decided to take on representation of Yankees owner George Steinbrenner in a lawsuit against Major League Baseball. Boies' representation of Steinbrenner posed a conflict of interest for Cravath, whose longtime client Time Warner also owned the Atlanta Braves. In a story that made the front page of The New York Times, 48 hours after receiving an ultimatum to drop the Steinbrenner case, Boies hung up his Cravath hat. Within a matter of months he persuaded Jonathan Schiller, a litigation and international arbitration specialist and partner at Kaye Scholer, to join him. By the end of 1999, Donald Flexner, a partner from Crowell & Moring's antitrust group, was also on board.

Plan B
Boies' Plan B-a humble "10-lawyer firm that would take on interesting and difficult cases"-was thrown rudely off kilter when the Justice Department came knocking. Between the Steinbrenner case and the little Microsoft matter, Boies required manpower. To achieve this, he brought aboard some talent from his old firm and absorbed the 20-lawyer Barrett Gravante Carpinello & Stern, themselves Cravath alums. Though Boies took the Microsoft antitrust case at $40 an hour, a slight concession from his then $550 hourly rate, the publicity surrounding the issue was beyond price.

No longer hemmed by conflicts of interest, and keeping costs low by locating offices outside of major centers (one outpost is located in Hanover, New Hampshire, population 11,000), the new firm was free to take on riskier, high-stakes plaintiffs' work. By 2000, Boies was serving as lead counsel for former Vice President Al Gore in litigation relating to the Florida election vote count (you might have heard of it). And when Napster found itself in hot water, guess who it turned to.

YES
Boies has become a heavy hitter in the BigLaw world, taking on high-profile cases left and right. Keeping up with its major league tradition, the firm freed the New York Yankees from MSG Network's long-term contract for the local broadcast and cable rights to all Yankees games, then brought an antitrust suit to force Cablevision to end its boycott of the Yankees Entertainment & Sports Network (YES), and then garnered a hugely favorable arbitral award for YES against Cablevision setting the key terms of a long-term carriage agreement for. Going for another turn at bat against the cable company, Boies represented the New York Jets in its claim that Cablevision monopolized the New York City cable television market by preventing development of a new sports stadium and convention center.

Other firm successes include obtaining a jury defense verdict on behalf of Lloyds of London and other insurers in the World Trade Center trial; successfully defending NASCAR from a $1 billion antitrust challenge to its method of choosing venues for its Nextel Cup races; bailing insurance giant Zurich Financial Services out of a bankruptcy judge's determination that it was liable for all the debts of a bankrupt nursing home chain, which added up to more than $750 million; and representing Miramax founders Harvey and Robert Weinstein in successfully negotiating their separation from the Walt Disney Company.

IN THE NEWS

 

March 2014

Fair use
Boies, Schiller & Flexner reached a settlement for artist Richard Prince after photographer Patrick Cariou claimed that Prince had infringed his copyright. The settlement stipulated that Prince owned his work regardless of any claim by Cariou, an important recognition of an artist's right to make fair use of the works of others.

February 2014

Star Power
BSF hired former White House lawyer Karen Dunn for its new crisis management and government response group. Dunn was part of President Obama's debate prep team in 2012. Rich Feinstein, the former head of the Federal Trade Commission's competition bureau, rejoined the firm in December 2013, and Mike Gottlieb, a former White House associate counsel, signed on the previous October. The firm said it created the new group in Washington in recognition of the increasing importance of the government and regulation to its clients.

Asphalt sale
Boies, Schiller & Flexner's corporate group represented NuStar Energy LP in the sale of its 50 percent stake in asphalt business Axeon Specialty Products LLC to its joint-venture partner, an affiliate of Lindsay Goldberg LLC. The deal closed in February. The firm also represented NuStar when it sold an initial 50 percent stake to Lindsay Goldberg in 2012.

June 2013

Historic Civil Rights Win
BSF Chairman David Boies, along with Ted Olson of Gibson, Dunn & Crutcher, won a historic victory in Hollingsworth v. Perry, a case over California's ban on same-sex marriage. Boies and Olson-who were courtroom adversaries in Bush v. Gore, which decided the 2000 presidential election-joined forces to argue the case before the Supreme Court on March 26, 2013. In its ruling on June 26, the Supreme Court decided that the plaintiffs lacked standing. Boies and Olson took the fight for marriage equality to Virginia in March of 2014.

May 2013

Class Dismissed!
BSF secured dismissal of a securities class action brought against Barclays and certain of its top officers alleging that Barclays made misstatements to the market about its LIBOR (London Interbank Offered Rate) submissions. The firm continues to represent Barclays in multiple class action and direct action lawsuits brought in the United States against the British bank and other panel bank members in connection with their submissions to the bodies that set various interbank offered rates. The firm previously won an $11 billion case for Barclays over the Lehman acquisition - a sale which the trial judge deemed "in good faith."

March 2013

Vitamin Deficiency
In the first-ever antitrust trial against Chinese companies held in the United States, Boies, Schiller & Flexner won a $54.1 million verdict-trebled to $162.3 million-for a class of American buyers and distributors. The defendants, Chinese vitamins manufacturers, were found liable for fixing prices and limiting supply of vitamin C in the U.S. The trial win followed settlements totaling over $30 million with additional defendants, marking the first time Chinese companies were taken to task for U.S. civil antitrust claims and the first settlements of their kind.

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Boies, Schiller & Flexner LLP


575 Lexington Avenue
7th Floor
New York, NY 10022
Phone: (212) 446-2300
www.bsfllp.com

STATS


  • Employer Type: Private
  • Managing Partners: David Boies, Jonathan Schiller & Donald Flexner
  • Total No. Attorneys 2014: 290

  • Employment Contact

    New York City
    Elizabeth Kuchta
    575 Lexington Avenue, 7th Floor
    New York, NY 10022
    (212) 446-2300
    nycattorneyrecruit@bsfllp.com

    For recruiting contacts in other offices, please visit http://www.bsfllp.com/careers/how_apply.


  • Base Salary

    1st year: $174,000
    Summer Associate: 1L-$3,000/week; 2L and 3L-$3,345/week 


  • Summer Associate Offers

    32 out of 38 (2013)


  • Major Departments & Practices

    Antitrust
    Appellate
    Class Actions
    Constitutional Law & First Amendment/Mass Media
    Corporate
    Employment/FLSA
    Financial Services Litigation
    Healthcare
    Intellectual Property
    International Arbitration
    Investigations/Corporate Governance
    Matrimonial & Family Law
    Product Liability
    Reorganization/Work-outs
    Securities Litigation
    Sports Law
    Tax
    White-Collar/Business Crimes

Major Office Locations

  • Albany, NY
  • Armonk, NY
  • Fort Lauderdale, FL
  • Hanover, NH
  • Hollywood, FL
  • Las Vegas, NV
  • Miami, FL
  • New York, NY
  • Oakland, CA
  • Orlando, FL
  • Santa Monica, CA
  • Washington, DC
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