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Teleconference/hearing reminder and Cravath adds to the team
Wednesday, January 17 2007 @ 03:38 PM EST

Just a reminder that SCO's 4th quarter/year-end fiscal 2006 conference call is today at 5 PM, and you can follow along here if you wish.

Also, don't forget that tomorrow is set as the hearing date on two SCO motions, the Motion for Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information and the Motion for Relief for IBM's Spoliation of Evidence . The festivities are set to begin at 9:30 AM in Room 102 before Magistrate Judge Brooke C. Wells. As always, if you can attend, please remember to call the court before you trudge out into the snow or whatever. Sometimes hearings get rescheduled at the last minute, and that way you won't waste time and effort for nothing. In this case, that means calling today, I would think, since it begins first thing in the morning. I hope someone can make it, because it should be quite interesting.

Also, Pacer reveals that IBM has added another lawyer to the team in SCO v. IBM. SCO has done that repeatedly, but not IBM. Michael P. Burke of Cravath, Swaine & Moore's litigation department is now admitted by the court.

Cravath's website tells us that he's an associate in the litigation department, and he's a graduate of the Univerity of North Carolina at Chapel Hill's School of Law. David Marriott remains in charge, obviously. He's a partner. So, this, to my eyes, looks like an indication of confidence on IBM's part that someone other than Marriott can be trusted to do some of the work.

Here are the Pacer listings, and you'll see the court has also permitted both parties to talk as long as they need to:

01/16/2007 931 - ORDER granting 918 Stipulated Motion for Extension of Time regarding deadlines. Signed by Judge Dale A. Kimball on 1/16/07. (blk) (Entered: 01/16/2007)

01/16/2007 932 - ORDER granting 923 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 1/16/07. (blk) (Entered: 01/16/2007)

01/16/2007 933 - ORDER granting 927 Motion for Leave to File overlength reply memo. Signed by Judge Dale A. Kimball on 1/16/07. (blk) (Entered: 01/16/2007)

01/16/2007 934 - ORDER granting 929 Motion for Leave to File overlength reply memo. Signed by Judge Dale A. Kimball on 1/16/07. (blk) (Entered: 01/16/2007)

01/16/2007 935 - ORDER granting 928 Motion for Leave to File overlength reply memo. Signed by Judge Dale A. Kimball on 1/16/07. (blk) (Entered: 01/16/2007)

01/16/2007 936 - MOTION for Admission Pro Hac Vice of Michael P. Burke, Registration fee $ 15, receipt number 4681015650, Fee Status: paid. filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (blk) (Entered: 01/16/2007)

01/16/2007 937 - ORDER granting 936 Motion for Admission Pro Hac Vice of Michael P. Burke for International Business Machines Corporation. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at . Signed by Judge Dale A. Kimball on 1/16/07. (blk) (Entered: 01/16/2007)

There's a blurb on Cravath's site, if you go to the Lawyers page, that mentions that 33 of its lawyers are listed in Chambers' 2006 edition of America's Leading Lawyers for Business. And when I went to verify, I find this page about Cravath and its litigation practice on Chambers' site:

Litigation: Few firms can match the breadth or depth of Cravath's litigation experience or record of successes in such diverse areas of the law as antitrust, securities, contracts and commercial disputes, business torts, intellectual property, mergers and acquisitions, real estate and tax. Cravath's litigators are called upon for work involving contested merger and acquisition transactions, while boards of directors and special committees depend on the firm's lawyers to guide them through the intricacies of shareholder litigation and government investigations. Cravath's antitrust experience encompasses a broad range of industries, from mining to Telecommunications. Although much of the firm's litigation work focuses on US law, many cases have an international component and draw upon Cravath's experience in international courts and tribunals. In the area of inTellectual property, the firm handles a broad range of complex and challenging matters across all industries. A significant portion of the firm's litigation work relates to contracts and commercial disputes, often in the form of business torts as well as other areas of general business litigation. In the area of securities litigation, Cravath is widely recognized for its success in handling complex and often precedent-setting cases.

Interestingly, Evan Chesler is listed as Deputy Presiding Partner at the firm. Would you like to see Boies Schiller's page? Here you go:

FIRM OVERVIEW: Less than a decade after its founding, Boies, Schiller & Flexner has grown to 233 lawyers in 11 offices located across the United States. The firm's partners, who have tried more than 300 cases before juries and judges in federal and state courts throughout the United States, include the former lead trial attorney for the United States in United States v Microsoft, a former Deputy Assistant Attorney General in charge of the Antitrust Division, a former lead attorney for the United States in United States v AT&T, and the former US Attorney who created the securities fraud branch of that office in San Francisco. The Wall Street Journal describes the firm as a 'litigation powerhouse,' (April 6, 2000), and the National Law Journal as 'unafraid to venture into controversial' and 'high risk' matters. (February 12, 2001)....

CLIENTS: In 2005, the firm's partners have been involved in (i) significant antitrust matters, including the prosecution of American Express' claims against Visa, MasterCard and several banks concerning rules that unlawfully prevented banks from issuing American Express cards, and representing an agency of the State of Alaska in a lawsuit alleging that BP and ExxonMobil are conspiring to withhold natural gas from US markets to artificially inflate natural gas prices and to control Alaskan gas fields; (ii) securities defenses of Qwest Communications International and Tyco International; (iii) representing the Board of Directors of RenaissanceRe Holdings, Ltd. in connection with ongoing federal and state governmental investigations of securities law matters in the insurance industry; and (iv) most recently, the defense of Maurice R ('Hank') Greenberg, former Chairman and Chief Executive Officer of American International Group Inc. and the C.V. Starr companies, in connection with criminal, civil and regulatory proceedings concerning the insurance industry. The firm's clients include some of the largest and most sophisticated companies in the world: Aetna, American Express, AT&T, CBS, Columbia University, DuPont, Ernst & Young, FPL Group, Goldman Sachs,Guardsmark,Monsanto, Northwest Airlines, Philip Morris, Public Broadcasting System, Qwest Communications, Siemens, The New York Yankees, The Republic of France, Tyco International, Unisys,Viacom, Inc., Yankees Entertainment & Sports Network and Zurich Capital Markets Inc.

I don't see SCO listed as a client. Aren't they proud of this case?

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