• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living

2

Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs

3

Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998

1

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living

2

Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs

3

Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998

The man who would take U.S.A. v. Apple to the Supreme Court

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
October 7, 2013, 10:44 AM ET
Add Fortune on Google for similar content.

Boutrous, with papers, outside the U.S. Supreme Court after winning the Prop 8 gay marriage case. Click to enlarge. Photo: Diane Walker

FORTUNE —  On Thursday, three months after a U.S. district judge ruled that Apple (AAPL) had conspired with five publishers to fix the price of e-books, the company filed its notice of appeal.

The case will be handled from here on in by Theodore J. Boutrous Jr., the smiling man with a sheaf of papers and a helmet of silver hair facing the microphones in the attached photo.

The picture was taken in front of the U.S. Supreme Court after Boutrous and his mentor, former Solicitor General Ted Olson, put a nail in the coffin of California’s Proposition 8, the state’s unconstitutional ban on same-sex marriage.

If that case didn’t make Boutrous famous, this one will — at least in tech circles.

Not that he wasn’t already a star of the first magnitude in the universe that high-priced lawyers occupy. His bio at Gibson Dunn, where he is the resident appellate expert on protecting the media’s first-amendment rights and minimizing awards against giant corporations, begins like this:

He has argued more than sixty appeals, including before the Supreme Court of the United States, eight different federal circuit courts of appeals, eight different state supreme courts and a multitude of other appellate and trial courts.  He has successfully persuaded courts to overturn some of the largest jury verdicts and class actions in history.  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 other ongoing constitutional litigation, Mr. Boutrous represents California schoolchildren asserting a state constitutional challenge to laws that prevent school administrators from hiring and retaining the most effective teachers (Students Matter Website).  (See attached list of representative cases.)

So what’s Ted Boutrous going to do for Apple?

His special expertise — the thread that runs through nearly all of his big-name cases — is attacking the legal underpinnings of a ruling that went badly against his client.

He should have a field day with this one.

During the three-week trial last June, Gibson Dunn’s antitrust lawyers, in consultation with Boutrous, teed up several juicy issues for appeal, among them:

  • That the case turned antitrust law on its head; by rights it should have been about Amazon (AAPL), the monopolist selling e-books at a loss, not Apple, the new entrant trying to find a way to make a profit.
  • That separate meet-and-greets with six different publishers doesn’t qualify as the initiation of a criminal conspiracy.
  • That there’s a difference in anti-trust law between competitors forming a horizontal agreement to fix prices and a vertical player negotiating deals to enter a business.
  • That writing a perfectly legal contract that creates a strong incentive for companies to change business models is not the same as forcing them to do so.

The law is not settled on any of these matters — and indeed, Denise Cote, a senior federal judge, rejected every one of Apple’s arguments — but helping higher courts find clarity in murky legal waters is what Boutrous does best.

“We look at where we think the law should be,” he told The American Lawyer in 2010, “even if it hasn’t arrived there yet.”

Hmm.

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Nancy Pelosi’s husband could face misdemeanor charges after hit-and-run collision in Napa wine country that left one car with ‘major damage’
PoliticsNancy Pelosi
Nancy Pelosi’s husband could face misdemeanor charges after hit-and-run collision in Napa wine country that left one car with ‘major damage’
By Safiyah Riddle and The Associated PressJuly 4, 2026
4 hours ago
Treasury rolls out currency signed by Trump for Fourth of July
PoliticsDonald Trump
Treasury rolls out currency signed by Trump for Fourth of July
By Jeff Mason and BloombergJuly 4, 2026
5 hours ago
Russia’s fuel crisis is so bad that a mom and her baby waited in line for 18 hours to get gas — ‘Are we in the Soviet Union?’
EnergyRussia
Russia’s fuel crisis is so bad that a mom and her baby waited in line for 18 hours to get gas — ‘Are we in the Soviet Union?’
By Jason MaJuly 4, 2026
5 hours ago
U.S. debt is a looming crisis today but was once its own revolutionary masterstroke that helped launch a global financial superpower
EconomyDebt
U.S. debt is a looming crisis today but was once its own revolutionary masterstroke that helped launch a global financial superpower
By Jason MaJuly 4, 2026
8 hours ago
The Taylor Swift economy: Star-studded wedding at Madison Square Garden lifts luxury brands Christian Dior, Christian Louboutin, and Cartier
Arts & EntertainmentLuxury
The Taylor Swift economy: Star-studded wedding at Madison Square Garden lifts luxury brands Christian Dior, Christian Louboutin, and Cartier
By Kimberlee Kruesi, Andrew Dalton and The Associated PressJuly 4, 2026
10 hours ago
Trump Accounts are now available for kids. Here’s where the money will be invested in the stock market—in line with Warren Buffett’s advice
InvestingStock
Trump Accounts are now available for kids. Here’s where the money will be invested in the stock market—in line with Warren Buffett’s advice
By Jason MaJuly 4, 2026
10 hours ago

Most Popular

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
Success
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
By Preston ForeJuly 4, 2026
20 hours ago
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
Law
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
By Wyatte Grantham-Philips and The Associated PressJuly 2, 2026
2 days ago
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
AI
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
By Nick LichtenbergJuly 3, 2026
2 days ago
Economists have found an answer to slowing cognitive decline: Avoid retiring early, study finds
Economy
Economists have found an answer to slowing cognitive decline: Avoid retiring early, study finds
By Sasha RogelbergJuly 2, 2026
2 days ago
$25 billion CEO says one-hour interviews are a waste of time—he puts candidates through six hours of tests and wants them to order wine at lunch
Success
$25 billion CEO says one-hour interviews are a waste of time—he puts candidates through six hours of tests and wants them to order wine at lunch
By Orianna Rosa RoyleJuly 3, 2026
2 days ago
Three dads started selling hats from a garage with $750—now they’ve sold $35 million worth, partnered with Gary Vee, and grown a community of fathers
Success
Three dads started selling hats from a garage with $750—now they’ve sold $35 million worth, partnered with Gary Vee, and grown a community of fathers
By Preston ForeJuly 4, 2026
17 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.