Let’s see if we can keep this all straight.
David Boies — who champions himself as an advocate of honest corporate governance — was Tyco’s outside counsel in connection with investigating corporate fraud by Tyco management, and one of the prosecution’s main witnesses in the corporate fraud trial against former Tyco executives Dennis Kozlowski and Mark Swartz.
On the other hand, Mr. Boies is one of the members of Maurice “Hank” Greenberg’s defense team in connection with defending Mr. Greenberg from Eliot Spitzer’s allegations that Mr. Greenberg perpetrated fraud at AIG.
In the meantime, Mr. Boies just resigned as special counsel for Adelphia for violating the Bankruptcy Code and Rules by failing to disclose to the Adelphia Bankruptcy Court that members of his family indirectly own a substantial interest in a document management services company that did between $5 and $10 million of business with Adelphia. Apparently, other clients of Mr. Boies’ firm also have paid substantial sums to the document management company without knowing of the affiliation to Mr. Boies’ family members.
This Wall Street Journal ($) article has more, as does Larry Ribstein.
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Speaking of Boies and Tyco, an interesting securities fraud suit alleges that the real harm to shareholders was caused by the criminalization of agency costs by Boies and the newly constituted post-Kozlowski board.
http://securities.stanford.edu/1034/TYC05_01/2005429_f02c_05CV80375.pdf
A Boies cookie jar
Famed attorney David Boies “champions himself as an advocate of honest corporate governance,” notes Tom Kirkendall (Aug. 31), so it’s more than a little piquant that Boies “just resigned as special counsel for Adelphia for…
Not to mention that his law firm, Boies Schiller, is representing the SCO Group in the technogeek lawsuit of the day, asserting that IBM distributed proprietary Unix code in their Linux software distributions, and myriad other related, apparently groundless, but very expensive claims.
Visit http://www.groklaw.com to watch the open source community do much of the documentation legwork for the free software side.
A Boies cookie jar
Famed attorney David Boies “champions himself as an advocate of honest corporate governance,” notes Tom Kirkendall (Aug. 31), so it’s more than a little piquant that Boies “just resigned as special counsel for Adelphia for…