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Theodore J. Boutrous, Jr.

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Los Angeles,  CA  U.S.A.
Phone+1 213.229.7804

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Experience & Credentials
 

Practice Areas

  • Appellate and Constitutional Law
  • Class Actions
  • Crisis Management
  • Transnational Litigation and Foreign Judgments
  • Intellectual Property
  • Litigation
  • Media, Entertainment and Technology
 
University Arizona State University, Bachelor of Science, 1984
 
Law SchoolUniversity of San Diego School of Law, Juris Doctor, summa cum laude, 1987
 
Admitted1987, California; 1989, District of Columbia
 
BornSeptember 23, 1960
 
Biography

Theodore J. Boutrous, Jr., a partner in the Los Angeles and Washington, D.C. offices of Gibson, Dunn & Crutcher, is Co-Chair of the firm's Appellate and Constitutional Law Group, its Media and Entertainment Group, the Crisis Management Group, and the Transnational Litigation and Foreign Judgments Group. He is a member of the firm's Executive and Management Committees.

Mr. Boutrous has represented clients in the federal and state appellate courts throughout the nation in a wide spectrum of cases, including punitive damages, class action, securities, employment, environmental, insurance, product liability, antitrust, business torts, privacy, arbitration, criminal and constitutional litigation. He is responsible for the nationwide appellate strategy for several major companies, and has successfully persuaded courts to overturn some of the largest jury verdicts and class actions in history.

Mr. Boutrous also represents media organizations, reporters, and others in a wide array of First Amendment, access, subpoena, defamation, freedom of information, prior restraint, newsgathering and copyright matters.

As both a crisis management strategist and a seasoned appellate and media lawyer, Mr. Boutrous has wide-ranging 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 and provides strategic counseling to address legal, legislative, regulatory and public relations aspects of such matters.

The Los Angeles and San Francisco Daily Journals have named Mr. Boutrous one of the 100 best lawyers in California for seven years in a row. Lawdragon named him to the 2011 guide to the 500 Leading Lawyers in America, calling him "One of the best media and appellate attorneys in the nation." The American Lawyer called Mr. Boutrous "a media law star," the Los Angeles Business Journal described him as "one of the nation's most prominent appellate attorneys" and the San Francisco Recorder named him one of the 2009 Attorneys of the Year. Mr. Boutrous received the ACLU of Southern California's First Amendment Award in 2002. He is Co-Chair of the Board of Directors of the International Women's Media Foundation and a member of the Board of Directors of the California Supreme Court Historical Society. He also is a member of the Business Advisory Council of ProPublica, an independent, non-profit newsroom that produces investigative journalism in the public interest.

Numerous profiles of Mr. Boutrous and his practice have appeared in the media. Prominent mentions include: "Litigator of the Week," Am Law Litigation Daily (June 2011); "Lawyer of the Week," The Times of London (June 2011); "Appellate Lawyer of the Week" National Law Journal (March 2011);"Litigation Department of the Year," The American Lawyer (January 2012); "Litigation Department of the Year," The American Lawyer (January 2010); "Anatomy of a Complaint," California Lawyer (January 2010); "Litigator of the Week," Am Law Litigation Daily (February 20, 2009); "The Kill Step," The American Lawyer/Corporate Counsel (October 2009); "He's a Hired Gun of the Highest Caliber," The Los Angeles Times (June 24, 2007); "Special Appeal," Los Angeles Business Journal (July 26, 2004); "Jackson Case Stirs First Amendment Guru," Daily Journal Extra (February 23, 2004); and "45 under 45," The American Lawyer (January 2003).

Mr. Boutrous is a frequent commentator on legal issues. His articles on appellate issues include "Due Process for Exxon," Wall Street Journal (October 23, 2007); "Successfully Challenging Punitive Damage Awards: Winning Strategies After State Farm v. Campbell" (2003 Monograph, National Legal Center for the Public Interest); "What's Next for Punitive Damage Awards," Wall Street Journal (May 29, 1996); and "Constitutional Challenges to Punitive Damages after BMW v. Gore" (1998 Monograph, National Legal Center for the Public Interest).

His extensive writings on First Amendment and media law issues include "The Four Myths Surrounding the Common Law Reporter's Privilege," Media Law Resources Center (January 2007); "Memory Abuse," Wall Street Journal (January 13, 2007); "First Amendment on Trial," Wall Street Journal (August 19, 2006); "Rule 6(e) and the Public's Right to Know," Wall Street Journal (August 17, 1998); "Judicial Proceedings and Records 'Ancillary to the Grand Jury' in High-Profile Cases," Media Law Resource Center (January 2005); "Celebrity Justice: A New Double Standard," ABA Communications Lawyer (Fall 2004), at 3; "Retooling the Federal Common-Law Reporter's Privilege," Communications Lawyer, Vol. 17, No. 1 (Spring 1999); and "Why an Expanded Common-Law Privilege Should Also Protect the Media," Communications Lawyer, Volume 15, Number 1 (Spring 1997).

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.

Publications

Webcast: Game Changers: Wal-Mart v. Dukes and the Future of Class Action Litigation, Webcast, Sep 28, 2011

A Win for Wal-Mart, and All Workers, Client Alert, Jun 28, 2011

U.S. Supreme Court Unanimously Reverses Ninth Circuit and Holds That Employment Class Action Against Wal-Mart Cannot Proceed, Client Alert, Jun 21, 2011

Seventh Circuit Issues Important Decision on Key Class-Certification Issues, Client Alert, Apr 5, 2011

District Court Denies Enforcement of $97 Million Nicaraguan Judgment Based on Lack of Due Process and Judicial Corruption, Client Alert, Oct 23, 2009

Tenth Circuit Rules on Loss Causation, Article, Mar 31, 2009

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, Jun 26, 2008

Supreme Court Strengthens Constitutional Protections Against Arbitrary and Excessive Punitive Damage Awards, Client Alert, Feb 23, 2007

Ninth Circuit Finds Insurance Claims Adjusters Exempt from Overtime Under Fair Labor Standards Act, Client Alert, Oct 27, 2006

Celebrity Justice: A New Double Standard, Article, Jan 6, 2005

 
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U.S. Supreme Court Unanimously Reverses Ninth Circuit and Holds That Employment Class Action Against Wal-Mart Cannot Proceed
Theodore J. Boutrous,Rachel S. Brass,Russell M. Gold,Theane Evangelis Kapur,Michele L. Maryott,Mark A. Perry, June 27, 2011
On June 20, 2011, the U.S. Supreme Court unanimously reversed the Ninth Circuit and held that the largest employment class action ever certified cannot proceed. In Wal-Mart Stores, Inc. v. Dukes, No. 10-277, the Court unanimously held that the class claims for backpay were improperly certified...
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Office Information

Theodore J. Boutrous, Jr.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197




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