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Profile Picture

Theodore J. Boutrous Jr.

Theodore
Boutrous

Partner

CONTACT INFO

tboutrous@gibsondunn.com

TEL:+1 213.229.7804

FAX:+1 213.229.6804

Los Angeles

333 South Grand Avenue, Los Angeles, CA 90071-3197 USA

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PRACTICE

Appellate and Constitutional Law Antitrust and Competition Class Actions Crisis Management Intellectual Property Labor and Employment Litigation Media, Entertainment and Technology National Security Transnational Litigation

BIOGRAPHY

Theodore J. Boutrous, Jr. is a partner in the Los Angeles office of Gibson, Dunn & Crutcher LLP and a member of the firm’s Executive and Management Committees.  He is a member of the American Law Institute and a Fellow of the American Academy of Appellate Lawyers.

As The New York Times has noted, Mr. Boutrous has “a long history of pushing the courts and the public to see the bigger picture on heated issues.”  The American Lawyer named Mr. Boutrous the 2019 “Litigator of the Year, Grand Prize Winner” and the Los Angeles and San Francisco Daily Journals in 2021 named him a “Top Lawyer of the Decade.”  According to The National Law Journal, which in 2013 named him one of the “100 Most Influential Lawyers in America,” he “is known for his wise, strategic advice to clients in crisis and is a media law star.”

Mr. Boutrous has represented clients in federal and state appellate courts throughout the nation in a wide spectrum of cases.  He has argued hundreds of appeals, including before the Supreme Court of the United States, 12 different federal circuit courts of appeals, and 10 different state supreme courts (including 12 arguments in the California Supreme Court), and he has led a multitude of other complex civil, constitutional and criminal matters.  Mr. Boutrous has successfully persuaded courts to overturn some of the largest jury verdicts and class actions in history, and prevailed in many cutting-edge cases.  In 2011, he successfully represented Walmart before the Supreme Court of the United States in the Dukes case, which unanimously reversed what had been the largest employment class action in history and established important standards governing class actions (Wal-Mart Stores, Inc. v. Dukes).  In 2013, he successfully represented the prevailing party in obtaining a unanimous Supreme Court decision enforcing the Class Action Fairness Act (Standard Fire Insurance Co. v. Knowles).  Also in 2013, Mr. Boutrous successfully represented plaintiffs in the Supreme Court in a case invalidating California’s prohibition on same-sex marriage, Proposition 8 (Hollingsworth v. Perry), in which he also served as one of the lead trial lawyers and architects of the legal strategy that led to this landmark victory.  In 2018, Mr. Boutrous successfully represented CNN and its reporter Jim Acosta in bringing First Amendment and due process claims against then-President Donald Trump and other White House officials, forcing the White House to restore Mr. Acosta’s press credentials.  “Litigators of the Week: Gibson Dunn’s Two Teds Score for the Free Press,” The AmLaw Litigation Daily (November 30, 2018).  And in 2021, he secured a major victory for Hewlett-Packard Company when the California Court of Appeal affirmed a more than $3 billion verdict in HP’s long-running contract dispute with Oracle Corporation.  “Litigators of the Week: Gibson Dunn Protects Its $3B Trial Win for HP Against Oracle on Appeal,” The AmLaw Litigation Daily (June 18, 2021).

As both a crisis management strategist and a seasoned appellate and media lawyer, Mr. Boutrous has extensive experience handling high-profile litigation, media relations and media legal issues.  He routinely advises clients in planning how to respond, and in responding, to crises and other especially significant legal problems that attract the media spotlight.

The Hugh M. Hefner Foundation awarded Mr. Boutrous with the First Amendment Award in 2019.  He also received the 2021 Freedom of the Press Award from the Reporters Committee for Freedom of the Press and the Distinguished Leadership Award from PEN America in 2019 for his leadership in advancing First Amendment rights and protecting freedom of expression.  As The Hollywood Reporter noted in naming him to its 2022 “Power Lawyers” list, “When issues of free speech are in play, Boutrous is the attorney on speed dial.” Hollywood’s Top 100 Attorneys (March 2022).  Mr. Boutrous was also named a “First Amendment Rights Trailblazer” by The National Law Journal in 2020.

Numerous profiles of Mr. Boutrous and his practice have appeared in the media.  Prominent mentions include: “‘Mr. Boutrous, You Have 4 Minutes’: On Rebuttal With Ted Boutrous of Gibson Dunn,” The AmLaw Litigation Daily (August 25, 2022); “Litigator of the Week: How Gibson Dunn Helped Hit Print on Mary Trump’s Best-Seller,” The AmLaw Litigation Daily (July 17, 2020); “Litigation Department of the Year,” The American Lawyer (January 2020); “Litigator of the Week: Gibson Dunn’s Theodore Boutrous Jr. Scores Another Win for the Fourth Estate,” The AmLaw Litigation Daily (September 6, 2019); “Lawyer of the week: Theodore Boutrous Jr, attorney in White House press pass victory,” The Times of London (November 29, 2018); Ted Boutrous, CNN’s Champion, Is Fired Up,” Law.com (November 30, 2018); “Litigator of the Week: From Zero to Hero in Seven Days” The AmLaw Litigation Daily (April 27, 2017); “Litigator of the Week” The AmLaw Litigation Daily (September 8, 2016); “Practice Group Performs In Spotlight and Under Pressure,” Los Angeles and San Francisco Daily Journal (March 14, 2012); “Litigator of the Week,” The AmLaw Litigation Daily (June 23, 2011); “Lawyer of the Week,” The Times of London (June 30, 2011); “Appellate Lawyer of the Week,” National Law Journal (March 23, 2011); “Litigation Department of the Year,” The American Lawyer (January 2016); “Litigation Department of the Year,” The American Lawyer (January 2012); “Litigation Department of the Year,” The American Lawyer (January 2010); and “He’s a Hired Gun of the Highest Caliber,” The Los Angeles Times (June 24, 2007).

The Hollywood Reporter, featuring him in Power Lawyers 2021: Hollywood’s Top 100 Attorneys, declared that “Boutrous is there when an industry’s future rides on a big argument.”  In 2022, the Los Angeles and San Francisco Daily Journal named Mr. Boutrous one of the “Top 100 Lawyers” in California for the 18th year in a row.  He has been named a California “Litigation Star” in Benchmark Litigation, as well as a “National Practice Area Star.”  Chambers USA ranks him as a leading lawyer in four different categories, describing him as “an absolute star,” with clients praising his skills as “an amazing orator” and his “incredible knack of picking the winning argument and his oral advocacy skills are peerless.  He picks the right point in response to every question without even blinking.”  The Legal 500 named Mr. Boutrous a “Leading Lawyer” for Supreme Court and appellate litigation, calling him a “renowned advocate” and “the preeminent authority on punitive damages defenses in the U.S.”  In naming him to its list of the 500 Leading Lawyers in America, Lawdragon called him “one of the best media and appellate attorneys in the nation.”

Mr. Boutrous is a frequent commentator on legal issues.  His articles include: Spare the ‘Dreamers’ a Nightmare by According Them Due Process,” The Wall Street Journal (May 2, 2017); “Poor Children Need a New Brown v. Board of Education,” The Wall Street Journal (August 28, 2016); “A First Amendment Blind Spot,” The Wall Street Journal (May 27, 2014); “California Kids Go to Court to Demand a Good Education,” The Wall Street Journal (January 28, 2014); “A Radical Departure on Press Freedom,” The Wall Street Journal (May 23, 2013); “A Killer’s Notebook, a Reporter’s Rights,” The New York Times (April 9, 2013); and “Broadcast ‘Indecency’ on Trial,” The Wall Street Journal (January 17, 2012).

Mr. Boutrous is a member of the Advisory Board of the International Women’s Media Foundation and was named its 2015 Leadership Honoree.  He serves on the Advisory Board of Reveal for the Center of Investigative Reporting and the Steering Committee of the Reporters Committee for Freedom of the Press.

Mr. Boutrous received his law degree, summa cum laude, from the University of San Diego School of Law in 1987, where he was Valedictorian and Editor-in-Chief of the San Diego Law Review.

Mr. Boutrous is admitted to practice in California, New York, and the District of Columbia.

EDUCATION

University of San Diego - 1987 Juris Doctor

Arizona State University - 1984 Bachelor of Science

ADMISSIONS

California Bar

District of Columbia Bar

England & Wales - Solicitor - Registered Foreign Lawyer

New York Bar

RECENT PUBLICATIONS

Firm News - January 25, 2023 | Theodore Boutrous, Richard Doren, and Theane Evangelis Named Among Leading Commercial Litigators
Firm News - January 9, 2023 | Who’s Who Legal Recognizes 39 Gibson Dunn Partners in its Inaugural Thought Leaders USA Guide
Firm News - January 3, 2023 | Theodore Boutrous and Kristin Linsley Appointed to the Advisory Board of the Ninth Circuit
Firm News - November 9, 2022 | Who’s Who Legal 2022 Recognizes Nine Gibson Dunn Partners in Commercial Litigation
Firm News - October 4, 2022 | Lawdragon Names 38 Partners Among its 2023 500 Leading Litigators in America
Firm News - September 22, 2022 | Theodore Boutrous and Theane Evangelis Named Among California’s Top 100 Lawyers
Firm News - June 22, 2022 | Gibson Dunn Ranked in 2022 U.S. Legal 500
Firm News - June 1, 2022 | Gibson Dunn Earns 101 Top-Tier Rankings in Chambers USA 2022
Firm News - May 4, 2022 | Three Who’s Who Legal 2022 Guides Recognize 13 Gibson Dunn Partners
Firm News - April 1, 2022 | Two Who’s Who Legal 2022 Guides Recognize Seven Gibson Dunn Partners
Firm News - March 30, 2022 | The Hollywood Reporter Names Five Partners Among its 2022 Power Lawyers and Legal Legends
Firm News - February 23, 2022 | Lawdragon Names 15 Partners Among its 2022 500 Leading Lawyers in America and Hall of Fame Honorees
Podcasts - December 21, 2021 | The Two Teds – Episode 6 – The Supreme Court’s Current Term
Firm News - October 19, 2021 | Who’s Who Legal 2021 Recognizes Eight Gibson Dunn Partners in Commercial Litigation
Podcasts - October 13, 2021 | The Two Teds – Episode 5 – DACA, Dreamers and Immigration
Firm News - September 30, 2021 | Theodore Boutrous Receives Freedom of the Press Award
Firm News - September 15, 2021 | Theodore Boutrous, Theane Evangelis and Debra Wong Yang Named Among California’s Top 100 Lawyers
Firm News - August 19, 2021 | 10 Gibson Dunn Partners Named Lawyers of the Year
Podcasts - June 30, 2021 | The Two Teds – Episode 4 – Marriage Equality
Firm News - June 29, 2021 | Gibson Dunn Ranked in 2021 U.S. Legal 500
Article - June 25, 2021 | 10 Years Of Dukes: A Resounding Class Certification Legacy
Firm News - June 21, 2021 | Theodore Boutrous, Samuel Liversidge and Rod Stone Named Litigators of the Week
Firm News - May 27, 2021 | The Hollywood Reporter Names Theodore Boutrous, Scott Edelman, Kevin Masuda and Orin Snyder to its 2021 Power Lawyers List
Firm News - May 20, 2021 | Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021
Podcasts - April 19, 2021 | The Two Teds – Episode 3 – The First Amendment
Podcasts - March 18, 2021 | The Two Teds – Episode 2 – Bush v Gore and Election Litigation
Podcasts - March 17, 2021 | The Two Teds – Episode 1 – Opening Statements
Firm News - February 19, 2021 | Seven Partners Named Among the Lawdragon 500 Leading Lawyers in America 2021
Firm News - January 21, 2021 | Theodore Boutrous Named Top Lawyer of the Decade in California
Firm News - December 7, 2020 | Who’s Who Legal 2020 Litigation Recognizes Nine Gibson Dunn Partners
Firm News - November 5, 2020 | Theodore Boutrous Named a First Amendment Rights Trailblazer
Client Alert - October 8, 2020 | Media, Entertainment and Technology Group – Fall 2020 Update
Firm News - September 17, 2020 | Theodore Boutrous, Marcellus McRae and Debra Wong Yang Named Among California’s Top 100 Lawyers
Publications - July 21, 2020 | Trump’s lawsuit against Bolton will fail
Firm News - July 17, 2020 | Theodore Boutrous, Matthew McGill and Anne Champion Named Litigators of the Week
Firm News - July 6, 2020 | Gibson Dunn Ranked in 2020 U.S. Legal 500
Client Alert - May 1, 2020 | California Supreme Court Holds No Right to Jury Trial for Unfair-Competition or False-Advertising-Law Claims
Firm News - April 24, 2020 | Gibson Dunn Earns 84 Top-Tier Rankings in Chambers USA 2020
Publications - April 8, 2020 | Why Trump’s frivolous libel lawsuit against the New York Times is dangerous
Firm News - February 28, 2020 | Gibson Dunn Case Named Top Verdict of the Year
Firm News - January 30, 2020 | Who’s Who Legal Recognizes 15 Gibson Dunn Partners in Litigation, Corporate Tax and Private Funds
Press Releases - January 2, 2020 | Gibson Dunn Named “Litigation Department of the Year” and Partner Theodore J. Boutrous Jr. Named “Litigator of the Year Grand Prize Winner” by The American Lawyer
Firm News - December 5, 2019 | Gibson Dunn Named Litigation Department of the Year and Theodore J. Boutrous Jr. Named Litigator of the Year
Firm News - September 18, 2019 | Theodore Boutrous, Richard Doren, Daniel Kolkey and Debra Wong Yang Named to Daily Journal’s Top 100 List
Firm News - September 9, 2019 | Theodore J. Boutrous Jr. Named Litigator of the Week
Firm News - September 3, 2019 | Theodore J. Boutrous Jr. to Receive Distinguished Leadership Award From PEN America
Firm News - August 15, 2019 | Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
Firm News - May 31, 2019 | Gibson Dunn Named Winner in Two Categories for D.C. Litigation Department of the Year
Firm News - April 4, 2019 | Theodore Boutrous Receives First Amendment Award by The Hugh M. Hefner Foundation
Firm News - March 27, 2019 | Nine Partners Named 2019 BTI Client Service All Stars
Firm News - November 30, 2018 | Theodore Boutrous and Theodore Olson Named Litigators of the Week
Firm News - November 29, 2018 | Theodore Boutrous Named Lawyer of the Week by The Times
Firm News - September 19, 2018 | Theodore Boutrous, Daniel Kolkey, Ari Lanin and Debra Wong Yang Named to Daily Journal’s Top 100 List
Firm News - August 20, 2018 | Theodore J. Boutrous Jr., Debra Wong Yang and Mel Levine Named Among Los Angeles’ Most Influential People
Firm News - July 19, 2018 | Theodore Boutrous Elected to American Law Institute
Client Alert - July 18, 2018 | Second Quarter 2018 Update on Class Actions
Firm News - July 16, 2018 | Legal 500 Names 10 Gibson Dunn Partners to its US Hall of Fame
Firm News - June 18, 2018 | Gibson Dunn Ranked in 2018 U.S. Legal 500
Firm News - May 3, 2018 | Gibson Dunn Earns 70 Top-Tier Rankings in Chambers USA 2018
Press Releases - April 30, 2018 | Ashley Judd Files Suit To Hold Harvey Weinstein Accountable For His “Highly Reprehensible and Despicable” Misconduct
Pro Bono News - March 21, 2018 | Gibson Dunn Team Named Among California Lawyers of the Year
Client Alert - September 5, 2017 | Trump Administration Rescinds Deferred Action for Childhood Arrivals (DACA) Program
Client Alert - March 30, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Antitrust Law
Client Alert - March 30, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Antitrust Law
Client Alert - March 20, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Labor and Employment Law
Client Alert - March 17, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Environmental Law
Client Alert - March 16, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Arbitration Law
Client Alert - March 16, 2017 | Court Orders Block Implementation of New Immigration Executive Order
Client Alert - March 13, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law
Client Alert - March 7, 2017 | Analysis of March 6, 2017 Executive Order on Immigration
Client Alert - February 10, 2017 | Ninth Circuit Court of Appeals Issues Opinion Upholding Nationwide TRO of January 27 Immigration-Related Executive Order
Client Alert - February 1, 2017 | Recent Developments Regarding Executive Order on Immigration
Client Alert - January 31, 2017 | Summaries of Opinions of Supreme Court Nominee Judge Neil Gorsuch
Client Alert - January 30, 2017 | President Trump Issues Executive Order on Immigration
Article - August 29, 2016 | Poor Children Need a New Brown v. Board of Education
Client Alert - May 17, 2016 | U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement
Article - July 23, 2015 | Challenging Inequality
Client Alert - May 25, 2015 | Why we’re fighting for teachers’ free speech
Client Alert - September 30, 2014 | Media Relations in High-Profile Litigation: Chevron Corp. v. Donziger
Client Alert - June 13, 2014 | Los Angeles Superior Court Strikes Down California’s Teacher Tenure Laws in Landmark Decision Protecting Students’ Rights
Client Alert - August 1, 2013 | Ten Lessons from the Chevron Litigation: The Defense Perspective
Client Alert - July 11, 2013 | U.S. Supreme Court Restores Marriage Equality in California
Client Alert - July 1, 2013 | Supreme Court Business Round-Up (July 2013)
Article - April 30, 2013 | The Enduring and Universal Principle of “Fair Notice”
Client Alert - April 18, 2013 | U.S. Supreme Court Holds That Presumption Against Extraterritoriality Applies to the Alien Tort Statute
Client Alert - June 28, 2011 | A Win for Wal-Mart, and All Workers
Client Alert - June 21, 2011 | U.S. Supreme Court Unanimously Reverses Ninth Circuit and Holds That Employment Class Action Against Wal-Mart Cannot Proceed
Client Alert - April 5, 2011 | Seventh Circuit Issues Important Decision on Key Class-Certification Issues
Client Alert - October 23, 2009 | District Court Denies Enforcement of $97 Million Nicaraguan Judgment Based on Lack of Due Process and Judicial Corruption
Client Alert - March 31, 2009 | Tenth Circuit Rules on Loss Causation
Client Alert - June 26, 2008 | U.S. Supreme Court’s Decision Limits the Amount of Punitive Damages Available under Federal Common Law and Comments on Due Process Limitations on Punitive Damages in Class Actions
Client Alert - February 23, 2007 | Supreme Court Strengthens Constitutional Protections Against Arbitrary and Excessive Punitive Damage Awards
Client Alert - October 27, 2006 | Ninth Circuit Finds Insurance Claims Adjusters Exempt from Overtime Under Fair Labor Standards Act
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