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Boies, Schiller & Flexner Report - July 2015

Digital Music Trial

Major publications reported on one of the most impressive antitrust trial wins of the year in December 2014, when Apple Inc. fought off accusations that it had used an iTunes software update to create a monopoly in the digital music market. As noted by those publications, the jury verdict for the defense ended a decade-long dispute in which the plaintiffs sought more than $1 billion in treble damages under the Sherman Act. Apple’s lawyers repeatedly pointed out the plaintiffs’ side lacked any actual iPod customers saying they were harmed, the New York Times reported. “There’s not one piece of evidence of a single individual who lost a single song, not even a complaint about it,” the Times quoted Boies, Schiller & Flexner partner Bill Isaacson as saying in closing arguments. Mr. Isaacson and co-counsel Karen Dunn were honored by Litigation Daily as Litigators of the Week.

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