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To: Dermot Burke who wrote (20670)8/14/1998 11:58:00 AM
From: Daniel Schuh  Read Replies (1) | Respond to of 24154
 
Dermot, did you check the date on that one? This has been delayed indefinitely. Good story anyway. From this, it looks like everybody is looking forward to Gates vs. Boies. Some quotes: seattletimes.com

The deposition, to be taken from Gates on Microsoft's Redmond campus tomorrow and Thursday, provides a dramatic prelude to next month's trial in the government's antitrust lawsuit against Microsoft. It pits Gates, the world's richest man, against David Boies, the Justice Department's outside counsel whose cross-examinations of corporate icons such as Ted Turner and Carl Ichan have won him renown in legal circles.

"Watching David Boies depose Bill Gates should be on pay-per-view," said one person associated with the Microsoft case.


Prickly Bill meets a real legal pit pull, it sounds like. Maybe it'll help him appreciate the relatively courtly (if unctuous) Orrin Hatch. Personally, I'd advise Bill to stay away from the "beyond the comprehension of mere mortals" line, but he'll do what he wants to do.

Boies' clever and relentless questioning prowess is renowned stretching back to his days on the Wall Street legal team representing IBM against the Justice Department's broad antitrust lawsuit, a fight that lasted 13 years. During the lawsuit, for example, Boies cross-examined Alan McAdams, the government's chief antitrust economist, for 38 days and once deposed him for 10 days straight.

Maybe that's why Bill made the one day offer, or maybe he was just trying to piss people off without knowning what he was getting into.

"Boies can be very annoying," McAdams said yesterday. "The questioning clearly was not an attempt to understand the positions I was taking and the logic of the positions. The only explanation I could see was an attempt to get me to say things I didn't want to say."

But McAdams said he thinks Boies is the right man for this assignment: "He knows every trick that a monopolist plays."


Maybe, but Bill's very innovative you know. Somehow, I think the usual analogical defenses won't go down well here. Hope we get to see, sooner or later. It'll be interesting to see if Bill's buddies on the appeals panel figure out how to weasel out of that "open testimony" law. Maybe they can call on the Microsoft neologistics department for some help. If Windows is open, secret depositions may as well be open too.

Cheers, Dan.