Apple in 'character assassination' of court-appointed legal monitor
The US Department of Justice (DOJ) has accused Apple of pursuing a campaign of character assassination against a Goodwin Procter partner appointed by a court to monitor the company's competition policies.
January 13, 2014 at 06:17 AM
3 minute read
The US Department of Justice (DOJ) has accused Apple of pursuing a campaign of character assassination against a Goodwin Procter partner appointed by a court to monitor the company's competition policies.
In a letter to court, seen by Legal Week, DOJ attorney Lawrence Buterman criticised Apple for its behaviour in making accusations that Michael Bromwich was biased and should be thrown off the monitoring role.
"Regrettably, it is now clear that Apple has chosen a campaign of character assassination over a culture of compliance," Buterman wrote last week.
"Apple has focused on personally attacking Mr. Bromwich, and thwarting him from performing even the most basic of his court-ordered functions."
Bromwich was appointed by a New York court in October to monitor the company's competition practices, following a ruling in July that Apple conspired with five publishers to fix e-book prices.
The comments are the latest in an ongoing spat between the technology giant, the DOJ and Bromwich, who is carrying out the monitoring work through his external consultancy group, alongside Fried Frank antitrust head Bernard Nigro.
In December, Apple objected to the fees charged by the group, which amounted to $140,000 (£85,000) in the first two weeks of instruction.
At the time, the company argued Bromwich's "personal financial interest is for as broad and lengthy an investigation as possible", and that his requests for interviews with senior Apple management were unnecessary.
This month, the Goodwin Procter white collar partner hit back at the claims by filing a series of email exchanges with the court, which he argues shows obstructive behaviour by Apple.
Apple then requested for Bromwich's disqualification from the monitoring role.
Government lawyers – including assistant attorneys general – on Friday called Apple's argument "pure sophistry", and urged the court to refuse the request.
"In Apple's view of the world, the fact that Mr. Bromwich did not sit silent and let Apple's misrepresentations lay unchallenged makes him biased and subject to disqualification," said Buterman.
"It is now apparent that Apple has no interest in resolving anything unless the resolution involves expunging the requirement of a monitor from the Final Judgment."
In an earlier filing, Bromwich quotes one senior Apple lawyer who told him the company's executives would "never get over the [e-books] case", and were still "extremely angry".
Apple could not be reached for comment.
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 Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All‘Raises More Questions Than Answers’: Partners Puzzled by Leadership Change at UK Competition Regulator
CMA Uses New Competition Powers to Investigate Google Over Search Advertising
5 Years After Brexit, UK Lawyers Still Dominate on Big EU Antitrust Lawsuits
7 minute readA&O Shearman Exits Continue as New York Partner Joins Cleary
Trending Stories
- 1We the People?
- 2New York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
- 3No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 4Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 5Meet the New President of NY's Association of Trial Court Jurists
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250