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The Battle of the Experts

By John Ratkowitz

In press conferences, John Warner, lead counsel for Microsoft in the antitrust case United States v. Microsoft, criticized the trial approach of the United States lawyers because the government focused its attention during the trial on demonstrating inconsistencies in the evidence that were not (in his view) substantively important. Karen Donovan, V. Goliath: The Trials of David Boies, (Pantheon Books 2005), Kindle Electronic Edition: Chapter 9, Location 3138-3150.

Ten years later, during a seminar at Harvard Law School, United States v. Microsoft: 10 Years Later, (posted on YouTube), David Boies, lead counsel for the United States, responded to that criticism by indicating that every trial involves two things. First, a trial involves a “search for truth.” Second, a trial involves a “morality play.”

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