Appellate Hot List 2018: Boies Schiller Flexner
Boies Schiller Flexner's Mike Gottlieb discusses the firm's work in antitrust litigation culminating in the U.S. Supreme Court holding that a foreign government's interpretation of its law does not “bind” U.S. courts.
October 26, 2018 at 05:33 AM
2 minute read
Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.
We won an important victory in the Vitamins antitrust litigation when the Supreme Court unanimously held that a foreign government's interpretation of its own law does not “bind” U.S. courts. The court overturned a Second Circuit ruling that nixed a $147 million price-fixing judgment against two Chinese companies, whose legal arguments were supported by the Chinese government's maiden amicus appearance in U.S. court. After persuading the Solicitor General to file a favorable invitation brief and winning a grant, we assembled extraordinary amici in support of a plaintiff-side class action, including the U.S. Chamber of Commerce.
How did your firm approach appellate success over the past year?
Our diverse appellate docket builds upon leading trial practice. We take pride in handling the hardest cases, which means complex records, honing untested arguments and often challenging conventional wisdom. We apply that same discipline and creativity to our appellate practice.
What practice advice would you give your younger self?
Be patient and persistent. Trying to develop any practice can be frustrating—that is especially the case in the face of fierce competition in a crowded field. Rest assured that there are ways to develop one's writing and advocacy skills beyond drafting appellate briefs.
Responses submitted by Mike Gottlieb, a partner at Boies Schiller Flexner.
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