Word: microsoft
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Dates: during 2000-2009
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Back then, the "biggest case" was an arcane smackdown between two huge oil companies, Pennzoil and Texaco. This year his efforts have had direct, determinative impact on the antitrust case against Microsoft, in which he represented the U.S. government; the half-billion-dollar settlement of a suit by his art-buyer clients against the world's two leading art-auction companies, Sotheby's and Christie's; the essential meaning of copyright on the Internet, which he is trying to establish on behalf of the music website Napster; and, supremely, the Tallahassee passion play. Back at the time of the Pennzoil...
Those who have been listening for even a year knew that this was characteristic Boies. During the long Microsoft epic, months before he won the devastating verdict against the company last April, they had heard him discuss the company's monopoly. "This is not about creative legal arguments," he said at one point. "It's not about creative economic arguments. It is about common sense. It is about facts, and it is about what the real world demonstrates." No matter how well you know Boies, these words, the phrasing, the syntax, give no clue to the setting where...
...during the Microsoft trial, as a covey of reporters gathered around Boies, one of the chief opposing lawyers, John Warden, wandered by and cracked, "Ask him about his wine cellar." Warden might have suggested the reporters also ask about the gorgeous Georgian home that sits above those 8,000 bottles in Westchester County, N.Y., or about the oceangoing yacht, the Northern California ranch, the high-stakes poker games, the nearly annual chateau-to-chateau bike trips in Burgundy and Bordeaux. If Boies doesn't dress in the usual plumage of a flamboyant trial lawyer, it's only because he doesn...
Boies is free to pursue cases that can at worst be called loss leaders and at best be considered crusades. At Cravath, says Boies' friend and former partner Evan Chesler, "he couldn't help the Justice Department, and he couldn't represent the Vice President." Recruited for the Microsoft case by Justice antitrust chief Joel Klein after experts kept mentioning him to Klein, Boies charged the government only about $40 an hour. He handled the Gore case pro bono, after being recommended to the Vice President by a mutual friend, former Solicitor General Walter Dellinger...
...Take the tech stocks out, and a funny thing happens. The S&P is down only 4 percent for 2000. The Dow, without year-old components Microsoft and Intel, is up 12 percent for the year. And the NASDAQ? Well, it's all tech stocks. But if you got in six years ago, you're still up 170 percent. The great tech crash of 2000 is just a little...