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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?

To: Brian Malloy who wrote (34446)	11/19/1999 11:12:00 PM
From: William Hunt	Respond to of 74651

Thread---Microsoft Corp. Dow Jones Newswires -- November 19, 1999 DJ Mediator Seen Aiding Chance Of Microsoft Case Settlement By Mark Boslet PALO ALTO, Calif., (Dow Jones)--The federal judge overseeing the Microsoft Corp. (MSFT) antitrust case Friday appointed an Appeals Court jurist as a mediator to settlement talks, a move observers called creative, and even brilliant. District Judge Thomas Penfield Jackson named Richard Posner, the well-regarded chief judge of the 7th Circuit Court of Appeals in Chicago, to mediate voluntary talks between the two sides. Observers said the appointment could accelerate the settlement process, which has languished since Microsoft and government lawyers meet last summer. They also praised the choice of Posner, described as extremely knowledgeable and hard working. Posner, further, also was cited as recent shaper of the conservative Chicago School of economic thought, which has helped redefine antitrust law to rely more on economic or market forces. "I think it is a very creative move on behalf of the judge and an excellent choice of jurist," said Marc Williamson, an antitrust attorney for Latham & Walkins in Washington, D.C. Jackson's order comes two weeks after his first ruling in the case, in which he found Microsoft has a monopoly in operating-system software and that the company had used its market power to stifle competition. Observers said the selection of a mediator - who typically will point out the strengths and weaknesses of both sides' cases in hopes of bringing the parties closer to an agreement - should make a settlement more likely. "I think it does increase significantly the chances of settlement," said William Kovacic, a law professor at George Washington University. Robert Taylor, an antitrust attorney at Howrey & Simon in Menlo Park, Calif., said the selection of Posner is "brilliant" because he will be able to address the toughest problem in the settlement process: getting Microsoft to the bargaining table knowing it may have to give up something it doesn't want to give up. Microsoft stock rose in response to the news, climbing to 89 1/4 in after-market trading from a close of 86. Both Microsoft and government spokespersons said they looked forward to meeting with Posner. While the appointment of mediators is common in civil litigation, they are used less often in government cases. Nevertheless, both sides have plenty to gain. They have the opportunity to bring their arguments before a knowledgeable and objective jurist to get his feedback, Taylor said. Jackson also Friday invited Harvard University Professor Lawrence Lessig to file a friend-of-the-court brief in the antitrust case. Jackson is scheduled to release his second ruling in the case - a conclusions of law - early next year. In an earlier Microsoft antitrust matter, Jackson had appointed Lessig as a special master to hear the case. But Microsoft objected, and an appeals court overturned the appointment. Microsoft officials declined comment on Lessig's new role. BEST WISHES BILL