They argued over lists and schedules and experts witnesses and limitations placed on adverse witnesses and written versus oral testimony and perhaps the number of coffee breaks–’cause this trial will require plenty of that. I am referring to the pre-trial maneuvers in AT&T vs US now playing at the District Court of DC.
There was some progress last week when, as far as I can tell from reading the court filings, consensus was reached on the idea that there should be a limit on the number of fact witnesses. They’ll be named in a series of rounds from each party: 18 in the first, 12 in the second, and for good measure another 5 in the last round.
That’s 70 witnesses but I’m sure one side will find the need for more.
One interesting tidbit out of all this. The Court has decided it needs teaching experts who can provide “information concerning the applicable industry and technology prior to trial.”
AT&T and the Justice Department are supposed to come up with one or two of these type of pros. Let’s talk plainly: these teachers are a euphemism for someone explaining the basics of wireless and telecom infrastructure to the Judge. You wonder what books are piled on Judge Huvelle’s night stand?
With the witness battle over, the next contest in the obstacle course was about documents. Specifically, the government wants to discuss with outside lawyers and experts documents from AT&T related to the spectrum transfer and the efficiencies to be gained by this merger.
These papers containing economic models have already been filed with the FCC and already been reviewed by experts and outsiders. It’s just that there’s a Protective Order in this case–an order I don’t quite grok–preventing the government from talking to these people to help them understand the arguments AT&T intends to make. [Updated: On Nov 21, the Court allowed the government to disclose and discuss these documents with outside parties.]
Justice Department lawyers and AT&T’s high-priced legal help will be meeting at the end of the month to discuss their progress.