Even if he's getting fed nothing but lies by someone else about how IBM really did steal their source code and winning this is in the bag and will totally turn the company around, and somehow has no ability to discern the truth himself, you still don't hire David Boies to deal with that.
You've decided to throw down with IBM with a lawsuit that could result in billions in damages. You've convinced yourself you're going to win, lies or no. Microsoft is shoveling money at you to do it. And......you aren't going to go hire a gold-plated superstar litigator, the guy whose already spanked Microsoft in court, "to deal with that"?
In 2003? Boies was probably best known for losing one of the most watched court cases in American history.
He's a great choice... if you want an savvy operator with a weak moral compass to pump your stock. Not so much if you want to win because you believe the company is in the right and has a promising future. (He might do that too, but no better than dozens of other effective lawyers.)