View source for David Boies

{{short description|American lawyer (born 1941)}}
{{use American English|date=January 2025}}
{{use mdy dates|date=January 2025}}
{{Infobox person
|name        = David Boies
|image       = David Boies 2011 Shankbone.JPG
|caption     = Boies in 2011
|birth_date  = {{birth date and age|1941|3|11}}
|birth_place = [[Sycamore, Illinois|Sycamore]], Illinois, U.S.
|death_date  = 
|death_place = 
|party       = [[Democratic Party (United States)|Democratic]]
|boards=[[Theranos]]{{sfn|Carreyrou|2018|p=279, 292}}<ref name=canlearn/><ref name=pleads/>
|education   = [[University of Redlands]]<br>[[Northwestern University]] ([[Bachelor of Science|BS]])<br />[[Yale University]] ([[Juris Doctor|JD]])<br />[[New York University]] ([[Master of Laws|LLM]])
|employer    = [[Boies, Schiller & Flexner]]
|spouse      = Caryl Maniscalco<ref>{{cite web|url=http://www.sonomawest.com/sonoma_west_times_and_news/tributes/obituaries/caryl-louise-maniscalco/article_fb085564-c277-11e8-8a78-1fd7ca55b632.html|title=Caryl Louise Maniscalco|website=Sonoma West Publishers|access-date=February 16, 2019|archive-date=July 29, 2020|archive-url=https://web.archive.org/web/20200729043030/http://www.sonomawest.com/sonoma_west_times_and_news/tributes/obituaries/caryl-louise-maniscalco/article_fb085564-c277-11e8-8a78-1fd7ca55b632.html|url-status=dead}}</ref><br />[[Mary Boies|Mary Schuman]]
|occupation = Lawyer
}}

'''David Boies''' ({{IPAc-en|b|ɔɪ|z}} {{respell|BOYZ}}; born March 11, 1941) is an American lawyer and also chairman of the law firm [[Boies, Schiller & Flexner|Boies Schiller Flexner LLP]].{{sfn|Carreyrou|2018|p=134-135}}<ref>{{cite web|url=http://www.bsfllp.com|title=Boies Schiller Flexner|website=Boies Schiller Flexner LLP}}</ref> 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. (2001)|United States v. Microsoft Corp.]]'', his unsuccessful representation of [[Democratic Party (United States)|Democratic]] presidential candidate [[Al Gore]] in ''[[Bush v. Gore]]'',<ref>{{cite web|title= David Boies Biography and Interview |website=www.achievement.org|publisher=[[American Academy of Achievement]]|url= https://www.achievement.org/achiever/david-boies-2/#interview}}</ref> and for successful representation of the plaintiff in ''[[Hollingsworth v. Perry]]'', which invalidated California [[Proposition 8]] banning same-sex marriage. Boies has also represented various clients in U.S. lawsuits, including [[Theranos]],{{sfn|Carreyrou|2018|p=256-258}} tobacco companies, [[Harvey Weinstein]], and [[Jeffrey Epstein]]'s victims including [[Virginia Roberts Giuffre]].

==Early life and education==
Boies was born in [[Sycamore, Illinois]],<ref name="bsfllp profile">{{cite web|url=http://www.bsfllp.com/lawyers/data/0001|title=David Boies profile|work=bsfllp.com|access-date=June 15, 2015|archive-date=June 26, 2015|archive-url=https://web.archive.org/web/20150626092559/http://www.bsfllp.com/lawyers/data/0001|url-status=dead}}</ref> to two teachers, and raised in a rural, farming community.<ref name="google">{{cite book|title=The Yale Biographical Dictionary of American Law|author=Newman, R.K.|date=2009|publisher=[[Yale University Press]]|isbn=9780300113006|url=https://archive.org/details/yalebiographical00newm|url-access=registration|page=[https://archive.org/details/yalebiographical00newm/page/57 57]|access-date=December 7, 2014}}</ref> 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.<ref>{{cite news| url=https://query.nytimes.com/gst/fullpage.html?sec=health&res=9407E7D71639F937A35752C1A9679C8B63&emc=rss | work=[[The New York Times]] | title=Private Sector; For a Hardened Lawyer, A Tender Personal Moment | first=Laurence | last=Zuckerman | date=November 4, 2001 | access-date=May 1, 2010}}</ref> Canadian journalist [[Malcolm Gladwell]] has described the unique processes of reading and learning Boies experienced due to his dyslexia.<ref>{{Cite news|url=https://www.nytimes.com/2013/10/13/books/review/malcolm-gladwells-david-and-goliath.html|title=Killing Giants|last=Nocera|first=Joe|date=2013-10-11|work=The New York Times|access-date=2019-12-30|language=en-US|issn=0362-4331}}</ref> Boies' 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.<ref>Gladwell, Malcolm (2013). David and Goliath: Underdogs, Misfits, and the Art of Battling Giants. New York: Little, Brown and Company, p. 107.</ref>

In 1954, the family moved to [[California]]. Boies graduated from [[Fullerton Union High School]] in [[Fullerton, California]]. Boies attended the [[University of Redlands]], in Redlands, California, from 1960 to 1962,<ref name=":0">{{Cite news|url=https://www.redlandsdailyfacts.com/2013/03/26/david-boies-presenting-case-to-supreme-court-has-ties-to-redlands/|title=David Boies, presenting case to Supreme Court, has ties to Redlands|last=Cappis|first=Greg|date=March 26, 2013|work=[[Redlands Daily Facts]]|access-date=March 5, 2018|language=en-US}}</ref> received a [[Bachelor of Science|B.S.]] degree from [[Northwestern University]] in 1964, a [[Juris Doctor|J.D.]] degree ''[[magna cum laude]]'' from [[Yale Law School]] in 1966 and a  [[Master of Laws|LL.M.]] degree from [[New York University School of Law]] 1967; he was awarded an honorary [[Doctor of Laws|LL.D.]] from the [[University of Redlands]] in 2000.<ref name=":0" /> He is on the board of trustees of the [[National Constitution Center]] in [[Philadelphia]], which is a museum dedicated to the [[U.S. Constitution]].<ref>{{cite web|url=http://www.constitutioncenter.org/ncc_about_Board_of_Trustees.aspx |title=National Constitution Center, Board of Trustees |access-date=July 27, 2010 |date=July 26, 2010 |work=National Constitution Center Web Site |publisher=[[National Constitution Center]] |archive-url=https://web.archive.org/web/20100615033447/http://constitutioncenter.org/ncc_about_Board_of_Trustees.aspx |archive-date=June 15, 2010 |url-status=dead }}</ref>

==Professional history==
===Law firm===
Boies began his career at [[Cravath, Swaine & Moore]], joining the firm after graduation from law school 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 becoming 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 after a major client objected to his representation of the [[New York Yankees]] despite the firm having determined there was no conflict of interest.<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> Boies departed the firm within 48 hours of being informed of the client's objection and went on to establish 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&nbsp;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 |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 |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/ |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/ |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&nbsp;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>

==Criticism==

=== Involvement in defense of Harvey Weinstein ===
Boies helped Weinstein fend off journalist Ken Auletta's inquiry into Weinstein's alleged rape of Rowena Chiu at the Venice Film Festival in 1998.<ref>[[HBO]]. ''[[Catch and Kill: The Podcast Tapes]]''. 2021.</ref> [[Rose McGowan]] claimed that [[Jennifer Siebel Newsom]] attempted to arrange a deal between her and Boies in an attempt to make her stay quiet about her allegations against Harvey Weinstein whom Boies was representing at the time.<ref>{{Cite web |last=Roos |first=Meghan |date=2021-09-10 |title=Rose McGowan alleges Gavin Newsom's wife tried to bribe her before Harvey Weinstein scandal broke |url=https://www.newsweek.com/rose-mcgowan-alleges-newsoms-wife-tried-bribe-her-before-harvey-weinstein-scandal-broke-1628021 |access-date=2021-12-31 |website=[[Newsweek]] |language=en}}</ref> In 2017, Boies' firm reportedly directed the Israeli 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.<ref>{{cite magazine|last1=Farrow|first1=Ronan|author-link=Ronan Farrow|title=Harvey Weinstein's Army of Spies|url=https://www.newyorker.com/news/news-desk/harvey-weinsteins-army-of-spies|access-date=November 7, 2017|magazine=[[The New Yorker]]|date=November 6, 2017}}</ref> 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 focused on their personal or sexual histories. "Boies personally signed the contract directing Black Cube to attempt to uncover information that would stop the publication of a ''Times'' story about Weinstein's abuses, while his firm was also representing the ''Times'', including in a libel case."<ref>{{cite web|url=https://www.newyorker.com/news/news-desk/harvey-weinsteins-army-of-spies|title=Harvey Weinstein's Army of Spies|first=Ronan|last=Farrow|date=November 6, 2017|access-date=February 16, 2019|website=[[Newyorker.com]]}}</ref><ref>{{cite web|url=https://www.haaretz.com/us-news/report-weinstein-hired-ex-mossad-to-track-his-accusers-1.5463626|title=Harvey Weinstein Hired ex-Mossad Agents to Track Women Accusing Him of Sexual Assault|date=November 7, 2017|access-date=February 16, 2019|website=[[Haaretz.com]]}}</ref><ref>{{cite web|url=https://www.nytimes.com/2017/11/07/us/harvey-weinstein-new-yorker.html|title=Report Details Weinstein's Covert Attempt to Halt Publication of Accusations|first=Jim|last=Rutenberg|date=November 7, 2017|access-date=February 16, 2019|website=[[The New York Times]]}}</ref>

Months after [[Cyrus Vance Jr.]] dropped an investigation into a sexual assault allegation against Weinstein, he received a $10,000 donation from Boies who was representing Weinstein at the time. [[Andrew Cuomo]] opened an investigation into Vance's handling of the Weinstein probe. However, after receiving a $25,000 campaign donation from Boies' firm, Cuomo ended the investigation.<ref>{{Cite web |date=2018-08-29 |title=Report: NY Gov. Cuomo Received $25,000 From Weinstein Lawyer's Firm Before Suspending Probe |url=https://www.thedailybeast.com/report-ny-gov-cuomo-received-dollar25000-from-weinstein-lawyers-firm-before-suspending-probe |access-date=2021-09-19 |website=[[The Daily Beast]] |language=en}}</ref> Boies' firm was representing ''[[The New York Times]]'' at the same time.<ref name=":1">{{Cite magazine |url=https://www.newyorker.com/news/annals-of-espionage/the-black-cube-chronicles-the-double-agent |title=The Black Cube Chronicles, Part III: The Double Agent |last=Farrow |first=Ronan |magazine=[[The New Yorker]] |date=2019-10-09 |access-date=2019-10-14 |language=en |issn=0028-792X}}</ref> A few days after ''[[The New Yorker]]'' broke the story "Harvey Weinstein's Army of Spies", ''The New York Times'' announced it had "terminated its relationship" with Boies' firm.<ref>{{Cite magazine|url=https://www.newyorker.com/news/news-desk/harvey-weinsteins-army-of-spies|title=Harvey Weinstein's Army of Spies|last=Farrow|first=Ronan|magazine=[[The New Yorker]]|date=2017-11-06|access-date=2019-10-14|language=en|issn=0028-792X}}</ref><ref>{{cite news | url=https://www.huffpost.com/entry/new-york-times-fires-law-firm-david-boies-harvey-weinstein_n_5a02711ee4b04e96f0c64720 | title=New York Times Fires David Boies' Law Firm Over 'Reprehensible' Work For Weinstein | first=Rebecca | last=Shapiro | work=[[HuffPost]] | date=November 8, 2017}}</ref> According to its contract with Weinstein, Black Cube's assignment had been to kill the paper's negative reporting on Weinstein.<ref name=":1" /> Boies' involvement in defending Weinstein received criticism from several magazines and newspapers, such as [[New York (magazine)|New York]]'',''<ref>{{Cite web |last=Freedlander |first=David |date=2017-11-16 |title=David Boies Was America's Top Litigator. Now He's Known As Weinstein's Lawyer. |url=https://nymag.com/intelligencer/2017/11/david-boies-from-top-u-s-litigator-to-weinsteins-lawyer.html |access-date=2023-05-29 |website=[[Intelligencer (website)|Intelligencer]] |language=en-us}}</ref> [[The Atlantic]],<ref>{{Cite web |last=Ford |first=Matt |date=2017-11-08 |title=David Boies's Complicated Conflicts |url=https://www.theatlantic.com/politics/archive/2017/11/weinstein-boies/545273/ |access-date=2025-09-12 |website=The Atlantic |language=en}}</ref> [[The New York Times]],<ref>{{Cite news |date=2017-11-09 |title=Opinion {{!}} David Boies’s Egregious Involvement With Harvey Weinstein (Published 2017) |url=https://www.nytimes.com/2017/11/09/opinion/david-boies-harvey-weinstein.html |access-date=2025-09-12 |language=en}}</ref> and ''[[Bloomberg Businessweek]]''.<ref>{{Cite web |date=2021-03-04 |title=David Boies, Superstar Lawyer Tied to Harvey Weinstein, Isn't Panicked - Bloomberg |website=[[Bloomberg News]] |url=https://www.bloomberg.com/news/features/2017-12-07/the-superstar-lawyer-tied-to-harvey-weinstein-and-charlie-rose-isn-t-panicked |access-date=2023-05-29 |archive-date=March 4, 2021 |archive-url=https://web.archive.org/web/20210304130048/https://www.bloomberg.com/news/features/2017-12-07/the-superstar-lawyer-tied-to-harvey-weinstein-and-charlie-rose-isn-t-panicked |url-status=bot: unknown }}</ref> In 2021, several attorneys resigned from Boies Schiller Flexner, citing Boies' defence of Weinstein as one of the reasons.<ref>{{Cite web |last=Schwartz |first=Brian |date=2021-09-10 |title=Boies Schiller law firm loses several attorneys over issues involving Harvey Weinstein, Elizabeth Holmes, founder's kids |url=https://www.cnbc.com/2021/09/10/boies-schiller-loses-lawyers-over-controversies-involving-theranos-harvey-weinstein.html |access-date=2023-05-29 |website=[[CNBC]] |language=en}}</ref>

=== Involvement with Theranos ===
Boies served as a lawyer for blood-testing company [[Theranos]].{{sfn|Carreyrou|2018|p=182}} His dual role as attorney and board member of the defunct company is recounted in the book, ''[[Bad Blood: Secrets and Lies in a Silicon Valley Startup]]''  by then ''The Wall Street Journal'' investigative reporter [[John Carreyrou]].{{sfn|Carreyrou|2018|p=182}} Boies, along with 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.{{sfn|Carreyrou|2018|p=135}}{{sfn|Carreyrou|2018|p=247}} [[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 (magazine)|Fortune]]'' writer [[Roger Parloff]].{{sfn|Carreyrou|2018|p=205-207}}

Boies also served on the Theranos board of directors,<ref name=canlearn>{{citation|url=https://www.law.com/therecorder/2021/08/27/what-other-firms-can-learn-from-boies-schillers-role-in-the-elizabeth-holmes-saga/|access-date=May 11, 2024|title=What Other Firms Can Learn From Boies Schiller's Role in the Elizabeth Holmes Saga|date=August 27, 2021|first=Alaina|last=Lancaster|work=Law.com}}</ref><ref>{{cite news |url=https://www.bizjournals.com/sanfrancisco/news/2016/11/21/lawyer-david-boies-theranos.html |work=www.bizjournals.com|title=Litigator David Boies parts ways with Theranos after disagreement over legal strategy}}</ref> raising concerns about conflicts of interest.<ref name=":3">{{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 |work=[[The New York Times]] |date=February 2, 2016}}</ref> He agreed to be paid for his firm's work in Theranos stock, which he expected to increase significantly in value.<ref name=":3" /><ref name=pleads>{{citation|title=David Boies Pleads Not Guilty|date=September 21, 2018|work=[[The New York Times]]|access-date=May 11, 2024|url=https://www.nytimes.com/2018/09/21/business/david-boies-pleads-not-guilty.html|first=James B.|last=Stewart}}</ref> Boies' participation in and support for Theranos directly contributed to the misleading treatment of Walgreen patients, potentially resulting, cited within the report on Theranos by the federal agency CMS (Centers for Medicare & Medicaid Services), in "serious injury or harm, or death".<ref>{{citation|first=Alex|last=Gibney|authorlink=Alex Gibney|title=[[The Inventor: Out for Blood in Silicon Valley]]|year=2019|publisher=[[HBO Documentary Films]]}}</ref> Boies eventually left the Theranos board of directors, after the U.S. federal government had initiated multiple investigations into the firm.{{sfn|Carreyrou|2018|p=292}}

==Personal life==
His first marriage, to Caryl Louise Maniscalco  (née Elwell) ended in divorce. They had two children together, Caryl Louise Boies and David Boies III.<ref>{{cite web|title=Caryl Louise Maniscalco Obituary|url=http://www.sonomawest.com/sonoma_west_times_and_news/tributes/obituaries/caryl-louise-maniscalco/article_fb085564-c277-11e8-8a78-1fd7ca55b632.html|access-date=October 9, 2022|archive-date=July 29, 2020|archive-url=https://web.archive.org/web/20200729043030/http://www.sonomawest.com/sonoma_west_times_and_news/tributes/obituaries/caryl-louise-maniscalco/article_fb085564-c277-11e8-8a78-1fd7ca55b632.html|url-status=dead}}</ref> 

He is married to [[Mary Boies]]; they have two grown children, Mary Regency Boies and Alexander Boies, and three grandchildren. Through his daughter Mary, he is the father-in-law of [[Noah Emmerich]].

Boies owns a home in [[Westchester County]], [[New York (state)|New York]],<ref name="hawkandhorsevineyards">{{cite web |url=http://www.hawkandhorsevineyards.com/DavidBoies |archive-url=https://web.archive.org/web/20130410010245/http://www.hawkandhorsevineyards.com/DavidBoies |archive-date=April 10, 2013 |url-status=dead |title=Hawk and Horse Vineyards - David Boies |access-date=December 7, 2014 }}</ref> Hawk and Horse Vineyards in [[Northern California]], an oceangoing [[yacht]], and a large wine collection.<ref>[[Daniel Okrent|Okrent, Daniel]] (December 25, 2000). [https://web.archive.org/web/20080316042904/http://www.time.com/time/magazine/article/0,9171,998841-4,00.html {{"'}}Get Me Boies!{{'"}}]. ''[[Time (magazine)|Time]]''.</ref> Boies is [[dyslexic]]<ref>{{cite web|url=http://dyslexia.yale.edu/story/david-boies/|title=David Boies, Attorney & Chairman of Boies, Schiller & Flexner LLP|website=Yale Dyslexia|access-date=February 16, 2019}}</ref>  and is frequently described as having a [[Eidetic memory|photographic memory]] which allows him to recite exact text, page numbers, and legal exhibits. Colleagues attribute part of his courtroom success in part to this ability.<ref>{{cite episode |title=The Information Age |series=The Nineties |network=[[CNN]] |date=2017}}</ref><ref>''V. Goliath: The Trials of David Boies'', by Karen Donovan, 2007, Knopf Doubleday Publishing Group, {{ISBN|9780375726552}}, p. 81</ref>

==Philanthropy==
*[[Endowed chair|Professorial chairs]]:
**[[Daryl Levinson]] is the "David Boies Professor of Law" at [[New York University School of Law]].
**$1.5&nbsp;million to the [[Tulane University Law School]] to establish the "David Boies Distinguished Chair in Law". Two of Boies' children earned their law degrees at Tulane.<ref>{{cite web|url=http://www.neworleanscitybusiness.com/uptotheminute.cfm?recid=9106&userID=0|title=Ace attorney gives Tulane 'extraordinary' $1.5M gift|url-status=dead|archive-url=https://web.archive.org/web/20090413052913/http://www.neworleanscitybusiness.com/uptotheminute.cfm?recid=9106&userID=0&referer=dailyUpdate|archive-date=April 13, 2009}}</ref>
**A "David Boies Professor" was established at the [[University of Pennsylvania]] and is currently held by professor of history [[Kathleen M. Brown]]. The professorship is named after Boies' father, a high school teacher of government and economics.
**A "David Boies Chair" at the Yale Law School was formerly held by Professor [[Robert Post (law professor)|Robert Post]] before he became dean of the law school.
**David and Mary Boies endowed a chair in government at the University of Redlands, the college that David Boies attended. Arthur Svenson currently holds this chair.
**Mary and David Boies also endowed a "Maurice Greenberg Chair" at the Yale Law School.
*David Boies and his wife, Mary, donated $5&nbsp;million to [[Northern Westchester Hospital]], in [[Mount Kisco, New York]]. Part of an ongoing capital campaign, the Boieses' money was used to build the hospital's new emergency room.<ref>{{cite web|url=http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20061031/NEWS02/610310314/1027/NEWS11|title="Northern Westchester Hospital gets $5 million pledge from lawyer couple" The Journal News. 10-31-06|url-status=dead|archive-url=https://web.archive.org/web/20070927204522/http://www.thejournalnews.com/apps/pbcs.dll/article?AID=%2F20061031%2FNEWS02%2F610310314%2F1027%2FNEWS11|archive-date=September 27, 2007}}</ref>
David and Mary Boies also fund the "Mary and David Boies Fellowships" for foreign students at the [[Harvard Kennedy School]]. The Boieses 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.

==Awards and honors==
*''[[Time (magazine)|Time]]'' magazine named Boies "Lawyer of the Year" in 2000.<ref>{{cite magazine|url=http://www.time.com/time/poy2000/runnersup.html |magazine=[[Time (magazine)|Time]] |title=Person Of The Year 2009 |access-date=May 1, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20070621084115/http://www.time.com/time/poy2000/runnersup.html |archive-date=June 21, 2007 }}</ref>
*Boies received the Golden Plate Award of the [[Academy of Achievement|American Academy of Achievement]] in 2014.<ref>{{cite web|title= Golden Plate Awardees of the American Academy of Achievement |website=www.achievement.org|publisher=[[American Academy of Achievement]]|url= https://achievement.org/our-history/golden-plate-awards/#public-service}}</ref><ref>{{cite news |title=2014 Summit Highlights Photo | url= https://achievement.org/summit/2014/|quote= Eminent defense counsels and Academy members Brendan Sullivan, David Boies, Ted Olson and Barry Scheck.}}</ref>

==References==
===Notes===
{{Reflist}}

===Works cited===
*{{citation|first=John|last=Carreyrou|authorlink=John Carreyrou|title=[[Bad Blood: Secrets and Lies in a Silicon Valley Startup]]|edition=hardcover|year=2018|publisher=Alfred A. Knopf|isbn=978-1524731656|location=New York|oclc=1029779381}}

==Further reading==

;Articles
*Cover story, ''Forbes'': "David Boies Takes on Eliot Spitzer in the Fight over AIG", by Daniel Fisher, Carrie Coolidge and Neil Weinberg, May 9, 2005
*Cover story, ''[[New York (magazine)|New York]]'': "The Trials of David Boies Why one Superlawyer has a Hand in Virtually All the High-profile cases of the Day. And How Bush v. Gore became the One that Got Away" by Chris Smith, February 26, 2001
*Cover story, ''[[New York Times Sunday Magazine]]'': "David Boies: The Wall Street Lawyer Everyone Wants" by Cary Reich, June 1, 1986
*''[[Newsweek]]'': "Microsoft's Tormentor: How an affable trial lawyer with an understated canniness is driving Gates & Co. to the wall", March 1, 1999
*''[[Vanity Fair (magazine)|Vanity Fair]]'': "1999 Hall of Fame", December 1999
*''The Financial Observer'': "The Golden Boies", by Renee Kaplan, September 18, 2000
*''Vanity Fair'': "The Man who ate Microsoft" by David Margolick, March 2000
*''[[The National Law Journal]]'': "Lawyer of the Year", January 3, 2000
*''[[Esquire (magazine)|Esquire]]'': "What Does $750 an Hour Get You? A week in the datebook of David Boies" by Andrew Chaikivsky, May 2003
*''Vanity Fair'': excerpt from David Boies book ''[[Courting Justice]]'', September 2004
*{{cite news|first=Anna|last=Schneider-Mayerson|title=The Boies Family: Super-lawyer David Boies has been the go-to guy for legions of powerful people and institutions, including Al Gore, George Steinbrenner and CBS. Plus he's friends with both his ex-wives|work=[[The New York Observer]]|date=December 18, 2006|url=http://www.observer.com/printpage.asp?iid=13856&ic=Special+News+Story+3|url-status=dead|archive-url=https://web.archive.org/web/20070518114428/http://www.observer.com/printpage.asp?iid=13856&ic=Special+News+Story+3|archive-date=May 18, 2007}}
*{{cite news|first=David|last=Olive|title=Betrayal catches Black by surprise|work=[[Toronto Star]]|date=November 24, 2003|url=https://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&call_pageid=971358637177&c=Article&cid=1069629008346|url-status=dead|archive-url=https://web.archive.org/web/20110927000421/http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar%2FLayout%2FArticle_Type1&call_pageid=971358637177&c=Article&cid=1069629008346|archive-date=September 27, 2011}}

;Books
*''Courting Justice: From New York Yankees vs. Major League Baseball to Bush vs. Gore, 1997–2000'' (Miramax Books, 2004) {{ISBN|0-7868-6838-4}}
*''v. Goliath: The Trials of David Boies'', by Karen Donovan (Pantheon, 2005) {{ISBN|0-375-42113-0}}

==External links==
*[http://www.bsfllp.com/lawyers/data/0001 Biography from Boies, Schiller & Flexner LLP.] {{Webarchive|url=https://web.archive.org/web/20080714201414/http://www.bsfllp.com/lawyers/data/0001 |date=July 14, 2008 }}
*[https://www.newyorker.com/sections/news/read-the-contract-between-a-private-security-firm-and-one-of-harvey-weinsteins-lawyers Contract signed on July 11, 2017 by law firm Boies, Schiller & Flexner L.L.P. with Black Cube to stop the publication of sexual-misconduct allegations against Harvey Weinstein], ''The New Yorker'', November 2017.
*{{C-SPAN|39674}}

{{United states presidential election and recount, 2000}}
{{Theranos}}
{{Authority control}}

{{DEFAULTSORT:Boies, David}}
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