Nicholas J. Boyle

Mr. Boyle’s recent experience includes representing:

Copyright and Unfair Competition Litigation

• CoStar Group, an international commercial real estate data firm, in:

• Obtaining the largest judgment in history for the infringement of copyrighted images. CoStar was awarded a US$500 million judgment in copyright, Computer Fraud and Abuse Act (CFAA), and unfair competition litigation against its leading competitor. Mr. Boyle served as lead counsel in the US and coordinated related lawsuits against the competitor’s agents in the Philippines and India. Case developments were covered by The Wall Street Journal, The American Lawyer, The Telegraph (London), The Washington Business Journal, Bisnow, and Law360.*
• Securing a permanent injunction against a Los Angeles-based competitor in a copyright and unfair competition case in California. The federal injunction mandates the defendant’s use of a copyright filter, and requires the payment of US$10,000 per day, per photograph if further copyright infringement occurs.*
• Securing a judgment and permanent injunction in copyright litigation in Texas, imposing a copyright filter on the defendant’s website, and ordering an initial million dollar damages payment.*

• MGM, Universal, Paramount, and other major motion picture studios in the landmark MGM v. Grokster copyright case against the providers of file-sharing services.*

Securities Litigation

• HSBC in a US$508 million mortgage-backed securities suit in New York. In December 2017 a New York intermediate appellate court dismissed all of the claims against HSBC. Law360 reported that “the ruling marks the first time a case of its kind has been dismissed on this basis.” In 2019, following oral argument, the New York Court of Appeals affirmed, dismissing the half-billion dollar action.*
• UBS in a dispute involving Goldman Sachs and PIMCO regarding a half-billion dollar sale of mortgage-backed securities.*
• An international energy company in a complex civil litigation in Delaware involving allegations of fraud and breaches of the securities laws in connection with the sale of a power plant.*

Trade Secrets and Employment Litigation

• The Carlyle Group, a global private equity firm, in trade secrets litigation in New York over the hiring of a senior executive. After defendants filed two motions to dismiss, the case settled on favorable terms.*
• The Carlyle Group in a trade secrets case in Texas involving the acquisition of the largest marina in the United States.*
• Multiple inter-dealer brokers as witnesses in a 16-week jury trial in New Jersey in 2014 involving RICO, trade secrets, and unfair competition claims.*

Commercial Litigation

• The Carlyle Group as plaintiff in a US$100 million contract case in Delaware Chancery Court. Law360 has reported on favorable case developments, including the Court’s ruling in 2019 that the case should proceed to trial.*
• A global bank in antitrust and Commodity Exchange Act lawsuits relating to US Treasury auctions.*
• A mortgage servicing company before the Delaware Supreme Court and Delaware Chancery Court. Mr. Boyle argued the appeal that led to the landmark Central Mortgage decision clarifying Delaware’s pleading standard.*
• Sprint-Nextel in a breach of contract action in Los Angeles brought by former Australian Prime Minister Paul Keating and a group of investors seeking US$200 million in connection with a mobile phone joint venture. After Sprint obtained sanctions twice against the plaintiffs, the plaintiffs dismissed their case with prejudice and made a payment to Sprint.*
• UBS in a New York breach of contract action involving a US$100 million mortgage portfolio.*
• The non-settling plaintiff states in the 10-week remedies trial in the landmark Microsoft antitrust case in federal District Court in Washington, D.C.*
• The owner of a generic pharmaceutical manufacturer in a criminal case involving FDA felony charges.*
• A pioneering Internet telephony company in a patent infringement case in federal District Court in New Jersey against eBay and Skype.*

Arbitration

• An inter-dealer brokerage desk as lead defense counsel in a FINRA arbitration in New York involving claims of illegal hiring and theft of confidential information. After merits hearings spread over three months, the Panel denied the multi-million dollar claims brought by the London-based brokerage claimant and granted 100% of the desk’s counterclaims. The favorable verdict was reported in The Financial Times, Forbes, and Bloomberg.*
• NBA Hall of Fame Coach Larry Brown in his US$50 million ad hoc arbitration against The New York Knicks, which was resolved after the merits hearing. The New York Post described Boyle as a “legal pit bull.”*
• Cantor Fitzgerald affiliates in a AAA/ICDR arbitration against a London-based inter-dealer brokerage that misappropriated US Treasuries price data.*
• Two bankers in a FINRA arbitration in Dallas involving allegations of trade secret misappropriation and violation of restrictive covenants.*

*Matter handled prior to joining Latham

Thought Leadership

Mr. Boyle’s thought leadership includes the following articles:

• "Leveraging Liberal American Discovery Rules in Non-U.S. Cases," International Quarterly, Reuters (July 30, 2018)
• "The Uses of Prior Conduct in Copyright Cases," ALM: Law Journal Newsletters (September 2017)
• "The government’s carrot-and-stick approach to corporate confidentiality," Compliance Week (October 2016)
• "Considerations When Invoking The Recently Enacted DTSA," Law360 (August 26, 2016)
• "Securing the Benefits of Arbitration: Thoughtful Drafting of Arbitration Clauses Parts 1-4," Bloomberg BNA (July 2016)
• "Restrictive Covenants: The Law In Flux," Law360 (February 4, 2016)
• "The Long Arm of the Law: The Availability of US Discovery in Non-US Cases," Civil Justice Quarterly, Issue 1 (2010)

Press Coverage

• "Williams & Connolly Racks Up Record $500M Copyright Judgment for CoStar," The American Lawyer (October 23, 2019)
• "CoStar sues New York firms for alleged data theft," Washington Business Journal (March 12, 2019)
• "Williams & Connolly Launches Litigation Blitzkrieg for CoStar (Pity the Defendants)," The American Lawyer (October 4, 2018)
• "CoStar files lawsuits from D.C. to California alleging widespread unauthorized use," Washington Business Journal (October 4, 2018)
• "CoStar Starts Going After Password-Sharing Users In Latest Legal Blitz," Bisnow (October 4, 2018)
• "Nick Boyle: Trailblazer," The National Law Journal (May 2018)
• "How Williams & Connolly Helped the Feds Bust Backpage.com," The American Lawyer (April 1, 2018)
• "Total Destruction Williams & Connolly Style," The American Lawyer (December 18, 2017)
• "Xceligent Goes Down; To Liquidate In Bankruptcy," Law360 (December 15, 2017)
• "Despite Xceligent’s Bankruptcy, CoStar Plans to Continue Legal Battle," The Wall Street Journal (December 15, 2017)
• "Daily Mail publisher hands US property business over to liquidators," The Telegraph (December 14, 2017)
• "Calif. Statute Of Limitations Sinks Deutsche Bank RBMS Suits," Law360 (December 5, 2017)
• "CoStar Bars Rival From Using Allegedly Stolen Pics, Listings," Law360 (October 24, 2017)
• "CoStar Bolsters Legal Team with Antitrust Specialists as Xceligent Battle Heats Up," Bisnow (September 1, 2017)
• "Trial Pros: Williams & Connolly's Nick Boyle," Law360 (April 19, 2016)