Apple gripes about antitrust monitoring

[fjtorres]

From CNET and the department of "we knew this was coming":
http://news.cnet.com/8301-13579_3-57...trust-monitor/

Yes, Apple, that is exactly how antitrust monitoring works. Just ask Bill Gates.
Should've settled, dudes...

Following Apple's loss in court earlier this year, Judge Denise Cote tapped former Assistant US Attorney and Justice Department Inspector General Michael Bromwich to keep tabs on the company for the next two years. Bromwich's job as a monitor is to work from inside Apple to maintain the company's compliance with US antitrust laws.
But now the two sides are having a hard time seeing eye to eye. That's not surprising, considering that Apple is known for its culture of secrecy, and Bromwich hails from a different background. He filled a similar, independent monitor role within the Metropolitan Police Department of the District of Columbia a little more than a decade ago, and more recently served as part of US oversight on the oil industry.

Turns out they didn't know what the going rates are for experienced antitrust monitors, a very specialized skill set. And they don't like his attitude. Apparently he isn't deferential enough.

In addition, Apple complained that Bromwich has stepped out of line, "operating in an unfettered and inappropriate manner." The company claimed that Bromwich's requests to interview executives and board members, including Tim Cook, Al Gore, and Jony Ive, were "premature" and not in accordance with the judge's order.
Bromwich, for his part, isn't too thrilled with Apple either. In a letter to Apple's board of directors, he complained that Apple hasn't been complying with his requests. "Our requests to meet with key Apple personnel have been largely ignored, and when not ignored the responses have been extremely slow in coming," he wrote.
He briefly mentioned the disagreement over fees, but much of the letter reiterates his disappointment with the company. "Apple has sought for the past month to manage our relationship as though we are its outside counsel or consultant, to whom it can dictate terms and conditions, and whose approval is required before we can undertake our work," he wrote.

They're already complaining to the judge.
Since the monitoring is for two years, with extra years to be added as needed, I could see the Judge answering by adding a third year.

They still don't get it.
Antitrust monitoring means he sees everything he wants to see when he ones to see it.
He is The Boss of you.
Even the BPHs knew enough to avoid it and settle.

[kennyc]

Buncha whiners.....

[fjtorres]

Well, the guy *is* soaking them...
...but, that is part of the lesson; that no matter how high and mighty you think you are, you still are going to be held accountable. There will always be a bigger fish in the ocean.

[frahse]

Originally Posted by fjtorres

Well, the guy *is* soaking them...
...but, that is part of the lesson; that no matter how high and mighty you think you are, you still are going to be held accountable. There will always be a bigger fish in the ocean.

It warms my heart.

[eschwartz]

Well, what ARE the going rates for experienced anti-trust monitors?

As something to do with law in general, I get the feeling it is supposed to be a ridiculously high number -- is this any higher than normal?

[pholy]

Well, twenty years ago I was paying $250/hr for a divorce lawyer... of course, my other lawyer friend described her as 'a dragon'... I thought she was worth it.
So, given inflation and all, and this guy is a corporate lawyer and probably somewhat of an accountant/auditor --- maybe Apple is getting a bargain?

[fjtorres]

Originally Posted by pholy

Well, twenty years ago I was paying $250/hr for a divorce lawyer... of course, my other lawyer friend described her as 'a dragon'... I thought she was worth it.
So, given inflation and all, and this guy is a corporate lawyer and probably somewhat of an accountant/auditor --- maybe Apple is getting a bargain?

The guy has a support staff and an office to cover.
Plus a budget to pay off informants from among Apple staff.

[calvin-c]

Originally Posted by fjtorres

The guy has a support staff and an office to cover.
Plus a budget to pay off informants from among Apple staff.

If he's like all the lawyers I've ever worked for he bills out his support staff's time too-at least 3 times the hourly rate he pays them. He might have office expense to impress clients but it sounds like he gets most of his 'clients' from judges. How much the judges cost him is as open to question as the cost of the informants in Apple. I'd think one of the prime requirements for an anti-trust monitor would be integrity. It just doesn't sound to me like this bozo gets that.

[fjtorres]

Who knows? Maybe it takes a thief to monitor a thief? Or something like that.

Apple is a big believer in premium pricing, so...

[tubemonkey]

Originally Posted by fjtorres

Apple is a big believer in premium pricing, so...

this, this, and this

...after all, quality costs money

[Graham]

Originally Posted by fjtorres

Apple is a big believer in premium pricing, so...

True. There are bound to be other lawyers out there with better specs at half the price, but Apple aren't paying for that: they're paying for one that's fully integrated with the Judge's ecosystem. Unfortunately, this lawyer only wants to do things his way.

Graham

[Sydney's Mom]

I guess Apple should have listened to their $1000/hr attys when they urged them to settle.

[fjtorres]

Originally Posted by Sydney's Mom

I guess Apple should have listened to their $1000/hr attys when they urged them to settle.

I'm actually impressed with the Random House US legal staff: they accurately warned them to listen, play along to the last minute, and say no at the last legal moment.
They made out the best in the whole mess.

[Sil_liS]

I don't know what the normal hourly fee for a monitor is, but I did find something.

In the Apple v. Samsung debate, both parties had at some point filed a motion for their lawyer fees to be paid by the other party. Because of this we have this information:

Apple:
Median Partner Rate $582
Median Associate Rate $398

Samsung:
Average partner rate $821
Average associate rate $448

[tubemonkey]

Originally Posted by Sil_liS

I don't know what the normal hourly fee for a monitor is, but I did find something.

In the Apple v. Samsung debate, both parties had at some point filed a motion for their lawyer fees to be paid by the other party. Because of this we have this information:

Apple:
Median Partner Rate $582
Median Associate Rate $398

Samsung:
Average partner rate $821
Average associate rate $448

My, Apple's a bit chintzy on paying their lawyers.