Wendy Keefer is an attorney at Barnwell, Whaley, Patterson, and Helms in Charleston, SC.
Partner, Gibson Dunn & Crutcher LLP
Theodore J. Boutrous, Jr. is a partner in the Los Angeles office of Gibson Dunn and one of the nation’s leading litigators. 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, and he is currently serving as Co-Chair of the firm's First Amendment and Free Expression Practice Group. He has argued hundreds of appeals, including before the Supreme Court of the United States, 12 different federal circuit courts of appeals, and 12 different state supreme courts (including 14 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.
Mr. Boutrous has 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).
In 2025, The Daily Journal recognized Mr. Boutrous with its inaugural Distinguished Counsel award, which honors lawyers “whose consistent excellence and enduring influence in California’s legal community have earned them a place among the Top 100 lawyers for 15 years or more,” and has repeatedly named him to its list of “Top 100 Lawyers” and “Leading Commercial Litigators” in California for over two decades. 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.” 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 five 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.” Lawdragon recognizes Mr. Boutrous as one of its distinguished "Lawdragon Legends," an honor reserved for those who have appeared in Lawdragon's guide at least ten times since its inception in 2005. Over the years, he has been named to the following Lawdragon lists: 500 Leading Litigators in America, Leading Global Litigators, 500 Leading Lawyers in America, 500 Leading Global Entertainment, Sports & Media Lawyers, 500 Global Leaders in Crisis Management, and 100 Leading AI & Tech Legal Advisors.
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 Steering Committee of the Reporters Committee for Freedom of the Press and was a recipient of its 2021 Freedom of the Press Awards. He also sits on the Advisory Board of the International Women’s Media Foundation, which named him its 2015 Leadership Honoree. In addition, he is a member of the Advisory Board of the United States Court of Appeals for the Ninth Circuit, which advises the Chief Judge on matters related to the effective administration of the courts in the Ninth Circuit.
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.
Partner, Gibson Dunn
Thomas H. Dupree, Jr. is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. He is a member of the firm's litigation department and its Appellate and Constitutional Law practice group, and serves as the hiring partner for the DC office.
Mr. Dupree is an experienced trial and appellate advocate. He has argued more than 70 appeals in the federal courts, including in all thirteen circuits as well as the United States Supreme Court. He has represented clients throughout the country in a wide variety of trial and appellate matters, including cases involving punitive damages, class actions, product liability, arbitration, intellectual property, employment, and constitutional challenges to federal and state statutes.
In 2007, Mr. Dupree was appointed Deputy Assistant Attorney General. He served in the Civil Division at the U.S. Department of Justice from 2007 to 2009, ultimately becoming the Principal Deputy Assistant Attorney General. In that capacity, he served as the division's second-in-command, overseeing the more than 900 lawyers in the Civil Appellate, Commercial, Federal Programs and Torts branches, as well as the Office of Immigration Litigation and the Office of Consumer Litigation. Mr. Dupree was responsible for managing many of the government's most significant cases involving regulatory, commercial, constitutional and national security matters on behalf of virtually all of the federal agencies, the White House, and senior federal officials. Before being named the division's top deputy, Mr. Dupree ran its largest litigating branch, managing a staff of 280 lawyers.
Chambers and Partners named Mr. Dupree one of the leading appellate lawyers in the United States in 2012, 2013, 2014, 2015, and 2016. He received similar honors in 2010, when he was ranked as one of the top ten appellate litigators under age 40 by Law360. In 2009, the National Law Journal and Legal Times selected him as one of the top 40 lawyers under 40 in Washington, DC, as did Washingtonian magazine in 2006. Based on surveys of hundreds of corporate counsel, Mr. Dupree was named a "Client Service All-Star" by BTI Consulting Group in a 2013 report for his "overall legal prowess" and his "ability to deliver a plan of action that yields results."
Legal Times has called Mr. Dupree "no stranger to high-profile work." Among other things, he played a substantial role in the successful representation of George W. Bush before the United States Supreme Court in Bush v. Gore, and represented New England Patriots quarterback Tom Brady in challenging his "Deflategate" suspension.
In 2014, Mr. Dupree argued and won, by a unanimous 9-0 vote, a landmark personal jurisdiction case in the United States Supreme Court, Daimler AG v. Bauman. For this achievement, American Lawyer magazine named him Litigator of the Week, noting that he "won over both the liberal and conservative wings of the court."
Other matters Mr. Dupree has handled include:
Mr. Dupree appears frequently on national television as a legal analyst. He is a regular guest on Fox News Channel, and has appeared on "The O'Reilly Factor" and "The Kelly File," as well as on CNN's "Situation Room" and C-Span's "America & The Courts," among other programs. He has also been quoted in numerous print publications, including the New York Times, the Wall Street Journal, the Washington Post, the Los Angeles Times and many others, discussing legal issues and developments. Mr. Dupree has also testified before Congress on constitutional and separation-of-powers issues, including the President's authority to act through executive order.
Mr. Dupree graduated cum laude from Williams College, and with Honors from the University of Chicago Law School, where he served as an Editor of the University of Chicago Law Review. After law school, he clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit.
New Limit on Punitive Damages? A Look At State Farm v. Campbell
Wendy Keefer
In April of 2003, the United States Supreme Court again undertook to define what limits...
State Farm v. Campbell: Federalism and the Constitutional Limitations on Punitive Damages
Theodore J. Boutrous, Thomas H. Dupree
Punitive damages will be back before the United States Supreme Court this fall. The Court...