The Legal 500

Within International arbitration: National,

Boies, Schiller & Flexner LLP

PRACTICE: Praised as an ‘excellent boutique firm with excellent litigators’, Boies, Schiller & Flexner LLP receives consistently positive feedback from clients pleased with its ‘faultless’ service.

Though comparably small, and having no international offices, the team nonetheless attracts some very high-profile instructions. While some have commented that the firm sees less volume of work than those among which it is ranked, the firm stands out for its ‘technical expertise’ and ‘work performed to the highest possible standards’. In defense of its relatively small size, one client says, ‘bigger isn’t always better’, and the firm appears to have successfully carved an international reputation from its 11 domestic offices.

The team has acted in arbitral proceedings before all major tribunals, including the ICC, LCIA, UNCITRAL, ICSID, AAA and NASD, appearing in jurisdictions such as Paris, Geneva, Zurich and Hong Kong.

Representative matters in recent years include the team’s involvement in a UNCITRAl arbitration arising from the cancellation of a geothermal power plant, wherein the team secured a $260m award for a Florida Power & Light and Caithness Energy joint venture, which was confirmed in the US and affirmed on appeal. The team also secured an ICC arbitration reward dismissing a $1.4bn default judgment obtained by Pakistan against Siemens-Westinghouse, which was subsequently awarded $4m in damages.

CLIENTS: The team’s well-rounded client roster includes the likes of WorldSpan, Westinghouse, YES Networks, Homestore and the Republic of France.

INDIVIDUALS: As co-founder and a managing partner of the firm, Washington DC-based Jonathon Schiller has centered his practice upon complex litigation and international arbitration, having spent the past 30 years acting before major arbitration tribunals worldwide. Described as a ‘seasoned practitioner’ who carries an ‘impressive reputation’ in the international arbitration community, he is undoubtedly one of the foremost experts in complex commercial disputes.

Also in Washington DC, William Isaacson is described as ‘a real gentlemen’ with ‘brilliant knowledge of international commercial arbitration’.

Within Leading trial lawyers: National,

David Boies, Boies, Schiller & Flexner LLP

PRACTICE: ‘A wonderful courtroom lawyer’’, David Boies is described as ‘absolutely outstanding’. Having founded New York litigation powerhouse Boies, Schiller & Flexner LLP over a decade ago, many market-leading clients say that ‘for significant litigation, he is the only person who we consider for the job’. With an ‘encyclopedic knowledge of the law’ and over 30 years’ experience, he has risen among the ranks to now sit comfortably as one of America’s foremost trial lawyers.

A truly generalist practitioner, Boies displays proficiency in a diverse range of subject matters, with substantial experience in antitrust, investigations, securities, international arbitration, white-collar and class action litigation. His courtroom style is ‘mesmerizing’, with a ‘simple, direct approach’ that clients and juries appreciate.

Among a selection of headline-grabbing cases is his successful representation of American Express in an antitrust case against Visa and MasterCard, wherein Boies secured an astonishing $4bn award for its client. He also successfully defended Nascar in a widely-publicized antitrust litigation alleging market monopolization, as well as victoriously representing Lloyd’s of London in the World Trade Center Litigation. According to one commentator, ‘Boies’ cases represent la crème de la crème of complex trial proceedings’ adding, ‘his success rate is astoundingly high’.

In addition to corporates, Boies has also represented a number of high-profile individuals, including former AIG chairman Maurice (Hank) Greenberg, who he counseled in an Attorney-General investigation and litigation regarding ownership of $21bn-worth of AIG stock. Boies famously represented Al Gore in post-election litigation with George W Bush, and recently acted for Michael Moore in relation to a federal investigation by the Treasury Department over his documentary, ‘Sicko’.

CLIENTS: Boies’ recent representative clients include Michael Moore, Nascar, American Express, Maurice Greenberg and Altria, while past clients have included, among others, IBM, CBS, Al Gore, Tyco and Court TV.

Within Mass tort and class action - plaintiff representation: antitrust: National,

Boies, Schiller & Flexner LLP

PRACTICE: Boies, Schiller & Flexner LLP’s powerful litigation practice has been instructed in some of the most significant plaintiff antitrust cases in recent years, claiming an enviable national and international reputation. The defense side of the practice is now sizeable and proportionally similar to the plaintiff representation, giving it a broader perspective without compromising quality.

Partners from the practice have been lead trial counsel or co-lead counsel in some of the precedent-setting antitrust cases to pass through the US courts in recent years, including US v Microsoft, US v AT&T, US v IBM and US v ADM and RJR Nabisco (re Vitamins Antitrust Litigation).

In a more recent success, lawyers from the practice served as co-lead counsel for the class plaintiffs in an antitrust and patents case involving purchases of Taq DNA polymerase, an enzyme used to replicate DNA, against defendants Hoffman-La Roche and Applera - a $33m settlement was finally approved in December 2008.

In another case which looks likely to run for some time, a New York district court ruled in November 2008 that a price-fixing antitrust action could proceed against four Chinese pharmaceutical manufacturers which had allegedly formed a cartel which had manipulated the price of vitamin C supplied to the US - Boies, Schiller & Flexner LLP lawyers are acting for the two of the plaintiffs, Ranis and Animal Science.

INDIVIDUALS: William Isaacson, in Washington DC, is a leader in plaintiff representation with many successes to his credit - a niche in international cartel work is increasingly apparent. Also in Washington DC, Scott Gant appeared as co-counsel in the Hoffman-La Roche litigation, Tanya Chutkan is developing a strong antitrust plaintiff practice, and Christopher Hayes is acting for a putative class of direct purchasers of guaranteed investments In Re Municipal Derivatives Antitrust Litigation.

Within Antitrust - District of Columbia,

Boies, Schiller & Flexner LLP

PRACTICE: Disputes boutique Boies, Schiller & Flexner LLP has a national practice, and seven partners in Washington DC with experience in antitrust matters. The firm has played key roles on major antitrust cases, such as acting for the US government against Microsoft, and can justifiably claim to be a pioneer in plaintiffs’ side international price-fixing cases. In 2008, the practice represented American Express in its antitrust claims against Visa, MasterCard and several of their member banks, resulting in a $2.25bn settlement in favor of American Express. In another high-profile case, the team successfully advised NASCAR in Kentucky Speedway v NASCAR, demonstrating its sports sector experience.

CLIENTS: Bank of New York Mellon, CBS Corporation, Ernst & Young, Goldman Sachs.

INDIVIDUALS: Richard Feinstein was assistant director on the Federal Trade Commission’s Bureau of Competition from 1998 to 2001, covering health care. He is described as a ‘smart’ lawyer who ‘ticks all the boxes’.

Within Antitrust - New York,

Boies, Schiller & Flexner LLP

PRACTICE: Known for its superb national disputes practice, antitrust is also a specialty at Boies, Schiller & Flexner LLP, which has a good record acting on cutting-edge matters, such as the recent vitamins price-fixing proceedings in China. More recently, it has advised American Express in a three-year-old antitrust case against Visa, MasterCard and several banks, involving billions in damages for exclusionary conduct that prevented banks from issuing American Express cards.

CLIENTS: American Express, Ranis, Animal Science, Wachovia and Delta Airlines.

INDIVIDUALS: David Boies is a legendary litigator, and includes some antitrust matters within his broad practice. Donald Flexner also has solid antitrust experience.

Within Antitrust - South East,

Boies, Schiller & Flexner LLP

PRACTICE: Boies, Schiller & Flexner LLP’s has a ‘seriously prepared’ national antitrust group that became somewhat of a pioneer in plaintiff-led international price fixing cases when it brought the first antitrust lawsuits against certain Chinese manufacturers for conspiring to fix the prices of Vitamin C and Magnesite sold in the US. Down in Florida, the lawyers handle local antitrust litigation cases as well as joining in with matters that reach further afield.

The team successfully defended NASCAR against antitrust litigation brought by Kentucky Speedway, and obtained the dismissal of antitrust and trade practice class actions brought against Carnival.

CLIENTS: Headquartered in Coral Gables, Florida, the global fresh fruit company Del Monte is a regular service-user. Nationally, the firm also acts for impressive names including Northwest Airlines, American Express, Delta Airlines and Honeywell International.

INDIVIDUALS: Fort Lauderdale-based Stuart Singer is the main Florida contact, and strongly recommended for class action suits. Examples of his experience include obtaining dismissal of class action allegations, and the prosecution of a class action against pyramid schemes.