To: freeus who wrote (7505 ) 5/18/1998 6:27:00 PM From: C. Niebucc Read Replies (1) | Respond to of 74651
Microsoft Vs. Lots Of Lawyers AN INDUSTRY IS BORN Shaifali Puri 05/25/98 Fortune Magazine Time Inc. Page 27+ (Copyright 1998) When it comes to finding the lawyer's equivalent of the mother lode, plaintiffs attorney Richard "Dickie" Scruggs is the canniest of prospectors. As anyone knows who has followed Scruggs' orchestration of the legal campaign against Big Tobacco, it is worth paying attention when the wily Mississippian drawls the name of the company he wants to go after next: "Mah-crow-soft." With 13 state attorneys general and the Justice Department set to file complaints against the company in early May, Scruggs may well have been signaling a gold rush. In fact, the most significant aspect of the state and federal actions against Microsoft may be what one source familiar with the states' case gleefully calls "the cottage industry in Microsoft litigation." "I'd have to do some more research," Scruggs tells FORTUNE, "but it seems like something that we'd like to be involved in." And there's a good chance they will be: The states cannot finance extensive litigation against a company as rich as Microsoft ; they'd have to enlist lawyers like Scruggs--on a contingency-fee basis. One source close to the case says the current complaints are only the beginning: "We are investigating Microsoft 's actions with respect to Java, Windows NT, and their foray into consumer electronics.... We're potentially talking about years of investigation." For Scruggs and his ilk, "years" has a nice ring to it. He says that he has already had "informal" discussions with Mississippi attorney general Michael Moore about suing Microsoft . (Scruggs represented Mississippi in its anti-tobacco lawsuit; the state has not formally joined any complaint.) For Bill Gates, the specter of Scruggs' taking his pickax to Redmond is scary enough. But the real threat such a litigious free- for-all will pose is the ingenuity it's likely to inspire in other attorneys looking for new ways--and new grounds--to sue the company. Technology law is still fairly unexplored terrain, and the states' interest in Microsoft could open the door to a whole new tech- oriented plaintiffs bar. Some high-tech lawyers have already expressed interest in working with the states to come up with new antitrust cases against Microsoft --and a host of new complainants, including Microsoft competitors and customers, are just as eager to hire them.