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To: Daniel Schuh who wrote (23599)	11/18/1999 9:58:00 PM
From: Gerald R. Lampton	Respond to of 24154

Microsoft also faces a whole litany of lawsuits should it go the appeals route. Once the judge rules on the case, the findings of fact become admissible in civil antitrust trials, said legal experts. As I mentioned before, the Tobacco Lawyers have already lined up to get their piece of the action. As for how Microsoft's decision whether to settle or fight would affect these other cases, I don't know what would be worse, a stipulated finding that Microsoft is a monopolist, or a settlement agreement. Stipulated findings are kind of abstract. These private cases will undoubtedly be in front of juries, and juries are not very nice to defendants who've settled their other cases. All that boilerplate language about how no one is admitting liability or wrongdoing simply flags for the jury the fact that liability and wrongdoing were in fact at issue. True, settlement agreements are often not admissible, but leave it to enterprising lawyers to find a way around the rules. Plus, you'd have to have just emerged from under a rock not to know about Microsoft and monopolization. They're damned if they do and damned if they don't.

To: Daniel Schuh who wrote (23599)	11/19/1999 11:42:00 AM
From: Daniel Schuh	Respond to of 24154

Microsoft judge sets date for more oral arguments news.cnet.com In which we see yesterday's "drama" headline was perhaps a bit overstated. Asked if discussion of other subjects had come up during the meeting, one lawyer said that the judge "did not say anything extraneous." The lawyer said that during the 20-minute session there was 'the kind of chit-chat about weather and personalities and the things that you have with people who have lived six months together and then haven't seen each other for a couple of months.' Cheers, Dan.