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Microsoft Lawyer To Lead ABA's Antitrust Section

Dan writes "Wired is reporting that a top lawyer from Microsoft will take over later this year as chairman of the American Bar Association's antitrust section. The panel is organizing opposition to a congressional plan that would require more aggressive oversight by the courts of such antitrust settlements. Considering the next major ruling in MS's case is due soon, you can figure out how important this is to MS."

24 of 188 comments (clear)

  1. What's the deal with anti-trust? by LostCluster · · Score: 5, Funny

    Why does Microsoft have so many anti-trust concerns? I mean, is there anybody left who still actually trusts Microsoft?

  2. It doesn't matter what the law is by beamdriver · · Score: 5, Insightful

    It only matters who is intepreting it and who is enforcing it. This is a lesson Microsoft has learned well.

    1. Re:It doesn't matter what the law is by Anonymous Coward · · Score: 5, Insightful

      If this had happened in a third world country many in USA would have called it corruption or unacceptable.

    2. Re:It doesn't matter what the law is by yintercept · · Score: 5, Insightful
      If this had happened in a third world country many in USA would have called it corruption or unacceptable.

      That is completely absurd. If an appointment like this happened in the third world, the adminstration would assess the impact on US business (especially on campaign contributors). If they found a negative impact, then they would call it corruption based on their findings.

      This blanket statement that the US condemns all third world corruption is absurd. We are highly selective.

  3. Brought to you by... by LostCluster · · Score: 5, Funny

    And when I read the article... I had a nice big MSN butterly ad breaking it up. Does Microsoft have it's finger into everything?

  4. CAN ANYONE SAY..... by Dr+Reducto · · Score: 4, Funny

    Conflict of Interest?

    Seriously, it's like hiring Janet Jackson to chair a senate subcommittee on decency in public broadcasting!

  5. Well, look on the bright side... by JayBlalock · · Score: 5, Insightful
    Even if America is no longer willing to keep Microsoft in line, it would appear that Europe has no such compunctions. Rumors are flying that the EU's economics enforces are about to really lay down the hammer on Microsoft. And considering that the EU now represents a larger consumer base than the US (although, granted, some of them in countries without so much technology), the EU could effectively force them to revamp the way they do business.

    Even Microsoft would be in trouble if it was suddenly cut off from 300+ million potential customers.

    --
    Bush: He's Liberal in all the wrong ways.
    1. Re:Well, look on the bright side... by JayBlalock · · Score: 4, Interesting
      Of course, it would depend on exactly what sort of ruling the EU hands down. But if they, as is rumored, assess fines of hundreds of millions of dollars (Euros), then that will put Microsoft in a bad position either way. Either they pay up a fine which would hurt even them, and play by the rules, or they pull out of Europe.

      I don't *think* they would start putting out, essentially, two different versions of Windows, with Europe getting the stripped-down version. For one thing, what sort of sense does it make to sell the inferior product to the larger customer base? Especially when Europe is increasingly looking towards Linux. Not to mention the costs involved in maintaining even more versions of the platform.

      No, while it would, of course, be possible for Microsoft to continue their evil ways with new methods, on the whole this may be the catalyst that forces them to start playing nicely. There's just too much to lose from pissing the EU off.

      --
      Bush: He's Liberal in all the wrong ways.
  6. Corrupt by BWJones · · Score: 5, Insightful

    Well, I would really like to give the profession more credit than this, but does not anyone see a conflict of interest here? The standard should be "avoiding even the appearance of impropriety", so how is it that the entire American Bar Association think this is a good idea? Are they that owned?

    --
    Visit Jonesblog and say hello.
    1. Re:Corrupt by ArgumentBoy · · Score: 5, Insightful

      The ABA itself is one of the great barrier-to-entry monopolies. If you went back 100 years, you'd find that lots of people could practice law without going to law school - they would clerk, or, in some cases, would be admitted to the bar because they were or had been a state legislator. The ABA has a substantial financial interest in limiting the number of people who are eligible to be paid for their kind of work, and have insisted on laws that make it illegal for nonlawyers to do certain kinds of law-related work. Frankly, I see this whole thing as analogous to having Senators writing the legislation controlling what's a bribe and what's a contribution. I think it's silly to pay much attention to the ABA on an issue like this.

  7. And in other news... by mikeophile · · Score: 4, Funny

    Josef Mengele will be taking over as the new Director of the American Red Cross.

  8. So what? by 0x54524F4C4C · · Score: 5, Funny


    Bush and Blair were nominated for the nobel peace award.

  9. Mr. Fox? Paging Mr. Fox! by bc90021 · · Score: 4, Funny

    Mr. Fox, would you be so kind as to go to that henhouse and guard those chickens? Thank you, that is all. ;)

  10. Does it really matter? by Marx_Mrvelous · · Score: 5, Insightful

    I somehow doubt he's still on MS's payroll anymore. Maybe the fact that he's been defending Microsoft will give him good insight into just how they've handled things (well or poorly). And wouldn't a lawyer with a lot of antitrust expereince make the ideal candidate for this position? After all, there are more cases out there than Microsoft. (Not to mention, are there any antitrust lawyers out there who, at one point, *didn't* work for MS? ;)

    --

    Moderation: Put your hand inside the puppet head!
    1. Re:Does it really matter? by gaijin99 · · Score: 4, Insightful
      I somehow doubt he's still on MS's payroll anymore.
      I'd rather have more proof of that than your doubts, thank you. How much MS stock does he own? If not him, how about his wife and/or children? Maybe he's hiding his stock with his parents? Etc, etc, etc... The simple fact is that due to his former (if indeed it is former) employment with a corporation facing major antitrust investigations his appointment is improper.

      Truth told, I'd rather that all public officials, regardless of weather they are appointed or elected or whatever, be forbidden from owning stock in any corporation. When Senator X has stock in corporation Y I can't help but assume that he's going to be keeping an eye on his own best ineterest, not that of his constituants. If their own economic wellbeing is tied to a company than I can't trust them to do their jobs, its that simple. Step one after taking any office should be "sell all stock".

      (Not to mention, are there any antitrust lawyers out there who, at one point, *didn't* work for MS? ;)
      Personally I'd rather that no one who was ever involved in defending against an antitrust case be allowed to decide which antitrust cases can go forward. He's already chosen his side, and it isn't ours. If that sounds rather "us/them", it is. Monopoly is the single greatest threat that exists to a capitalist economy, and its the reason our economy suffering. I have absolutely no sympathy for, and I am completely unwilling to give any benefit of the doubt to, *anyone* who has ever defended a monopoly. They've chosen to side with those who want to destroy our economy.

      --
      "Mission Accomplished" -- George W. Bush May 1, 2003
  11. My sig by Almost-Retired · · Score: 4, Insightful

    The courses of action defined in my sig used on emails is getting closer and closer to the last option I fear. I mean, just how much longer is the american public actually going to tolerate what nearly 100% of us see as justice for sale to the highest bidder?

    As Harry Truman once said about the buck stopping here, there will come a point when enough of us have had enough, and the passing of the buck will come to a screeching halt, with much of our constitution restored to its original meaning.

    My sig? :

    "There are four boxes to be used in defense of liberty: soap,
    ballot, jury, and ammo. Please use in that order."
    -Ed Howdershelt (Author)

  12. What does the position do? by BoneFlower · · Score: 4, Interesting

    IS the position meant to be filled by someone who works against monopolies, or is it more of an advisory/educational position, where it requires someone who knows a lot about anti trust and their opinion of antitrust laws isn't an issue?

  13. Is it such a problem, really? by Rallion · · Score: 4, Insightful

    I mean, this guy is a lawyer. He doesn't have loyalties! Or ideals! Or morals! Or a soul.

    So he worked for Microsoft. Because they gave him money. That, really, doesn't mean much about his own ideas. Lawyers are paid to put aside their own ideas, and sometimes even the truth, in order to make their own point.

  14. The ABA may just be pursuing its agenda by belmolis · · Score: 4, Insightful

    According to this AP item in USA Today, the ABA has already been opposing increased oversight of antitrust settlements by the courts. The appointment of a Microsoft lawyer as Chair of the Antitrust Section may not be so much a matter of the fox guarding the chicken coop as the recruitment of an experienced and committed anti-anti-trust lawyer to help the ABA pursue its agenda. It would be interesting to know whether the ABA is actually soft on anti-trust enforcement or whether it perhaps regards judicial oversight as improper interference with the relationship between the two parties.

  15. Re:Frivolous McDonald's lawsuit by 3vi1 · · Score: 4, Insightful

    While I agree that there are WAY too many frivolous lawsuits nowadays, it's irritating that people always refer to the McD lawsuit as one.

    Have you investigated the case at all? 7 days in the hospital and numerous skin grafts. The $480,000 she got (not millions) probably barely covered her injuries, with the cost of medical care nowadays. A recent trip to the emergency room for a small cut that took 30 seconds to glue shut (after a 4 hour wait) came back as a $1,500 bill before my insurance.

    More than 700 people had been previously scalded, but McDonalds knowingly kept their coffee at 185 degrees with no warning signs at all that it was abnormally hot. I've even heard they did it purposely to cut down on free refills, because people had to wait longer for it to cool - but that's not a fact to my knowledge.

    http://lawandhelp.com/q298-2.htm

  16. MOD UP by EvanED · · Score: 4, Informative

    People are not reading the article. The group the lawyer is in charge of is a lobbying group, not one that will be making any of the decisions.

  17. Right guy for the job! by rehabdoll · · Score: 4, Funny

    He sure got experience.

  18. ridiculous Wired snippet... by odin53 · · Score: 4, Informative

    Try reading the whole AP article on which it's based.

    The chair of an ABA section isn't all that powerful -- that is, she can't decide ABA "policy" on anything. ABA policies and recommendations are committee-driven things, and the Antitrust section is especially highly organized; there are many subcommittees based on subject, and each subcommittee has a chair (or two). Becoming the chair of an ABA section is really 1) a prestige thing, meaning that the chair is widely respected as a top-flight attorney or legal mind in the area the section covers, and 2) an organizational thing.

    The ABA sections have varying levels of influence in legislation; arguably, the antitrust section is quite influential. But there are many reasons that Microsoft will really have no sway, either at the ABA level or the legislation level.

    In any case, a conflict of interest MIGHT occur if the ABA were supposed to decide something important or instrumental to the Microsoft antitrust cases. But the ABA most certainly isn't, because that's not the ABA's job.

  19. This isn't really a big deal by n8ur · · Score: 5, Informative

    This appointment doesn't have any real significance. The ABA is not a government agency; it's a private lawyer's organization that is voluntary (lots and lots of lawyers don't belong).

    The ABA has a lot of different subgroups, on anti-trust, patent law, corporate law, etc. They do training on their areas of specialty, have meetings to talk about their area of interest, and do sometimes lobby about pending legislation.

    The ABA Antitrust section has been pro-business, anti-enforcement forever, so this is really no big deal.