Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Microsoft’s strategy during trial seemed geared toward an appellate court, and the company has stayed with New York’s Sullivan & Cromwell for the second round. Meanwhile, the architects of the government case, Joel Klein and David Boies, are gone, replaced by other experienced advocates.

Jeffrey Minear Government: As senior litigation counsel in the solicitor general’s office, Minear is one of the U.S. government’s top appellate advocates. Not a political appointee, Minear, 45, is a career government attorney who has argued 40 Supreme Court cases. He already has Microsoft experience as a member of the Justice Department team that argued unsuccessfully that the high court should take the Microsoft case on an expedited basis and skip the D.C. Circuit entirely. Minear has a low-key, fact-intensive style of advocacy. His original specialty was environmental law, but he quickly became a broad appellate advocate. He has taught a course about the solicitor general’s office at the Georgetown University Law Center.

David Frederick Government: Like Minear, Frederick is a career government attorney in the solicitor general’s office who is not an antitrust specialist. But all lawyers in that office pride themselves on being able to learn the facts and law in a wide variety of cases. At 39, Frederick has argued 11 cases in the Supreme Court. Frederick was a Rhodes scholar who clerked for retired Justice Byron White. He is the author of “Rugged Justice: The Ninth Circuit Court of Appeals and the American West, 1891-1941,” which was published in 1994 by the University of California Press.

John Roberts Jr. States: A political conservative and Hogan & Hartson partner who is considered to be among the elite of the District’s Supreme Court bar, Roberts represents the 19 states that are suing Microsoft. He was associate counsel to President Ronald Reagan and, under the elder President George Bush, was deputy solicitor general. Republicans blamed election-year politics when Roberts’ nomination to a D.C. Circuit judgeship in 1992 failed to come to a Senate vote. A former clerk to Chief Justice William Rehnquist, Roberts, 46, has argued no fewer than 32 cases in the U.S. Supreme Court, winning 20 of them. He is known for his intense preparation for oral argument — he tries to have three moot courts for each case — and for his calm, conversational style at the podium.

Richard Urowsky Microsoft: A Sullivan & Cromwell partner since 1980, he has represented Microsoft since the first stirrings of government antitrust interest in the company in 1992. Urowsky, 54, is considered a brilliant legal thinker and a deep student of antitrust law who is at his best before an appeals court. In addition to Yale undergraduate and law degrees, he has an Oxford philosophy degree, and he clerked for retired Supreme Court Justice Stanley Reed. Urowsky can be brusque, and although he was a member of Microsoft’s trial team, he was not asked to cross-examine any of the government’s witnesses.

Steven Holley Microsoft: A Sullivan & Cromwell partner since 1991, Holley, 42, is an antitrust litigator who had a minor role on Microsoft’s trial team but has done work for the company for years. In 1995, he got into hot water after he violated firm procedure and provided a Business Week reporter with a sealed complaint in a suit brought against the Bankers Trust Co., his firm’s client. Holley said he did not know the complaint was sealed. Holley has been active in Sullivan & Cromwell’s pro bono practice, including the representation of a criminal defendant who faced a possible death penalty and several projects on behalf of abortion rights.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.