January 26, 2001, 1:50 PM — The U.S. Department of Justice and Microsoft late Friday both named the attorneys who will argue their cases in the software vendor's appeal of the antitrust lawsuit brought against it by the Justice Department.
Both sides Friday sent letters to the U.S. Court of Appeals naming their attorneys. Following an exchange of briefs later this month -- the Justice Department brief is due Jan. 12 and Microsoft's response should come Jan. 29 -- the sides will go to the appeals court for two days of oral arguments on Feb. 26 and Feb. 27.
The Justice Department attorneys, both drawn from the solicitor general's office, are Jeffrey Minear, senior litigation counsel, and David Frederick, assistant to the solicitor general, a Department of Justice spokeswoman confirmed.
Microsoft's attorney will be Richard Urowsky, lead trial counsel for law firm Sullivan & Cromwell, Microsoft spokesman Jim Cullinan confirmed. Urowsky successfully argued on Microsoft's behalf twice before to the same court of appeals.
The Department of Justice also announced the seating it is requesting for the appeals oral argument. Among those names listed is that of David Boies, who was the lead external counsel during the trial phase of the Justice Department's legal action against Microsoft. Boies has since been busy defending first Napster and then U.S. Vice President Al Gore in the post-U.S. presidential election debacle.
In April of last year, U.S. District Court Judge Thomas Penfield Jackson determined that Microsoft had broken U.S. antitrust law. He ordered Microsoft to be broken into two pieces and placed restrictions on the company's business practices. However, he then stayed his orders pending Microsoft's appeal.