Boies, Schiller & Flexner LLP at a Glance

Uppers

  • “Headline-grabbing cases”
  • “Tremendous responsibility early on”
  • “The compensation is great”

Downers

  • “Work and hours can be overbearing”
  • “Lack of structure/support services”
  • “Little guidance and training”

About Boies, Schiller & Flexner LLP

Started in 1997, Boies, Schiller & Flexner LLP is a relative newcomer to the elite firm ranks but already boasts nearly 300 lawyers and has its principal offices in California, Florida, New York, Washington D.C., and the United Kingdom. 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's not often that a firm is basically founded because of a rage quit; it was David Boies' independent streak 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 priceless.

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 Schiller 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. 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 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

Ongoing
Daily Fantasy Royalty
BSF represented daily fantasy sports leader DraftKings in litigation with the New York Attorney General and others regarding the legality of the daily fantasy sports industry. BSF currently represents DraftKings in a multidistrict litigation ("MDL") involving allegations that DraftKings employees benefit from inside information to use on other websites and that its business model is fraudulent. DraftKings seeks to have most claims in the current MDL sent to arbitration, as the company asserts is specified in the website's terms of use.

May 2017
Fahrvergnügen
Firm Chairman David Boies was appointed to serve on the plaintiffs' steering committee and help lead the litigation, in which BSF represented a nationwide class of consumers seeking redress for Volkswagen's installation of a defeat device on vehicles to cheat emissions tests. The plaintiffs reached two settlements with Volkswagen and one with Bosch, the developer and supplier of the defeat device, to provide more than $12.5 billion in consumer relief (not counting additional government relief).

Unicorn Battle
On behalf of a Brooklyn café that originated the "Unicorn Latte," BSF filed a lawsuit alleging trademark infringement by Starbucks with its "Unicorn Frappucino." The lawsuit asserts that Starbucks was aware of The End's Unicorn Latte because it had received media coverage in The New York Times and The Huffington Post. "Starbucks, with its thousands of coffee shops, launched a competing product with a similar look and name, and marketed it in the same channels where our client's product became famous, severely damaging our client's mark," said BSF's Josh Schiller.

February 2017
For Women and Children
The Women's Legal Defense and Education Fund and BSF filed federal lawsuits on behalf of an individual and entities in Arizona and Florida against the website Backpage.com for participating in the trafficking of children and young adults for sex. Backpage has avoided civil and criminal liability in the past by claiming that it was simply an innocent website posting ads by others. However, evidence cited in the complaints, including evidence resulting from BSF's investigation and a recent U.S. Senate investigation, shows that Backpage actively participated in preparing the content of advertisements offering children and others for commercial sex.

January 2017
Flash Boy
BSF won a judgment after trial in the Delaware Court of Chancery, and affirmance of an appeal argued in the Delaware Supreme Court, while representing Goldman Sachs in headline-grabbing advancement/indemnification litigation filed by its former coder, Sergey Aleynikov. BSF continues to represent Goldman Sachs in a related proceeding against Mr. Aleynikov in New Jersey federal court.

October 2016
Army Orders
BSF won a landmark bid protest action against the U.S. Army on behalf of Palantir in the U.S. Court of Federal Claims, requiring the Army to consider commercially available existing technology options in its equipment bidding process. Specifically, the ruling meant that the Army must consider Palantir's commercial product for a proposed $206 million procurement of a new intelligence system and cannot issue a solicitation for a purely developmental item without first looking more closely at the availability of already-developed commercial products, such as that offered by Palantir.

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Boies, Schiller & Flexner LLP

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

Stats

  • Employer Type: Private
  • Managing Partners: David Boies, Jonathan D. Schiller; Donald L. Flexner
  • Hiring Partners: Christopher Green (Armonk); Christopher Duffy (New York); Abby Dennis (Washington, DC); James Lee(Miami); Karen C. Dyer (Orlando); Sigrid S. McCawley (Fort Lauderdale); Meredith Dearborn(Oakland); Richard J. Pocker (Las Vegas); George Carpinello (Albany); James Miller (Hollywood); Michael Jay (Los Angeles); Natasha Harrison (London)
  • Total No. Attorneys 2017: 282

  • Base Salary

    Summer associate: 1L - $3,000/week; 2L and 3L - $3,500/week


  • Summer Associate Offers
    19 out of 19 (2Ls) (2016)

  • 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 • Los Angeles, CA • Miami, FL • New York, NY • Oakland, CA • Orlando, FL • Palo Alto, CA • Santa Monica, CA • Washington, DC London