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500Lawdragon Q & A with:NicHolas GravanteBy Katrina DeweyHis lineage is one of the most importantthings to know about Nick Gravante. Certainly, hisItalian-American heritage from Brooklyn, but also hispristine credentials as a trial lawyer. Not too many lawyershave been mentored by David Boies, GeraldShargel, Charles Ogletree and, for good measure, Dukebasketball coach Mike Krzyzewski.It’s not just luck that led to that cast of all-star mentors.Gravante is one of the hardest-working lawyersaround, and has made a career of taking risks toensure he learned every skill possible and made everyconnection along the way. As a result, he’s become thecounsel of choice for the Andy Warhol Foundation;John Ferolito, the co-owner of AriZona Iced Tea in his$5B partnership dispute; author Mary Higgins Clark;and Ann Freedman, former president of Manhattan’soldest art gallery in several art authenticity claims.He sat down to reflect on the making of a trial lawyerafter a late night with summer associates at Tiro aSegno, the oldest private rifle club in the U.S., in theWest Village, where you can have cocktails and taketarget practice. To him, nothing is more important thanthe tried and true values of doing your own work, meticulouspreparation and the art and craft of the trial.LAWDrAGON: So what did you think of this year’s summerassociates? They must have loved the rifle club.NICK GrAVANTe: It’s always their favorite event, theyall took home their targets to show how well they did!It’s scary how good they are as young lawyers, muchbetter than we were. I asked one of them to researchand write a letter seeking indemnification for a client’slegal fees – would have taken me two days as a summerassociate – I got back a perfect letter in 2 hours.LD: Do they remind you of the “best and the brightest,”much like those you started with at Cravath?NG: When I graduated from law school in 1985, therewas no question the best and the brightest went toCravath. David Boies had the CBS v. Westmorelandcase, Tom Barr had the Ariel Sharon v. Time case.You’d go home after getting out of the library, turn onNightline and there was David with Ted Koppel. Cravathwas the center of the universe in terms of litigation.LD: And you left Cravath for criminal defense?NG: I learned so much at Cravath, from David, fromFrank Barron. But Gerry Shargel is where I learned totry cases. In two years, we must have tried 12 casestogether. You learned not only how to try a case fromGerry, but everything to do in front of a jury. How toact, how to walk, how to stand, how to own the courtroom,how to project confidence even when evidence ispouring in against your client and you’re getting killed.With David, I learned from the best civil litigator inthe country and, with Gerry, the best criminal defenselawyer. If you can’t learn how to litigate effectively andtry cases from those guys, you’re not going to learnfrom anyone.LD: What have been some of your favorite cases atBoies Schiller?NG: Defending Otto Penzler in Los Angeles federalcourt. Penzler owned the Mysterious Bookshop on57th. And this publisher, Michael Viner, who had a lotmore money than Otto, just kept suing him. Otto hadagreed to compile certain sports anthologies, commercialdisputes kept arising and it was obvious that Ottodidn’t have the money or wherewithal to constantlyfight this guy over every little thing in California.That trial was great because Viner was a bully andOtto finally stood up to him. Viner lost all of his claimsagainst Otto, we filed and won counterclaims againstViner--winning large dollar amounts, and, because ofthat trial, Viner had to file for bankruptcy. The bullygot his just due.LD: Weren’t you also successful defending the teenagercharged with setting the fire at Bergen BeachStables that killed 21 horses?NG: Yes, he had confessed on videotape, but was actuallyinnocent. Thank goodness he was acquitted! He’snot the first person, nor will he be the last, to give afalse confession. But to win that case I had to makethe jury understand the psychology of false confessions.And to do that, I actually had to employ strategiesthat everyone thought were crazy, like movinginto evidence the otherwise inadmissible results of apolygraph test that my client took and, according tothe DA, failed. In proper context, however, the videotapedconfession became our best piece of evidence;the DA played it in opening statement, but neverplayed it again.It was an unusual case for Boies Schiller, but I tookit on because my client told me he would plead guiltyto possessing marijuana, which the police found in hisknapsack on the day of his arrest, and go to jail for ayear--but would not plead guilty to the arson even if hewere promised probation. That meant a lot to me. Iwent to Boies and said ‘I believe this kid is innocent;’he said then do what you have to do. View all Q&As atwww.lawdragon.com/news-features.L A W D R A G O N 124 I s s u e 13 Photo by: Jennifer Pottheiser