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Subject: IP: Re: Daily Report from The Chronicle of Higher Education (fwd)


Could be a potential conflict of interest on the part of Evans ?? At least an unstated connection. djf


Date: Fri, 7 Dec 2001 14:14:47 -0600
From: "Falk, Donald M." <DFalk@mayerbrown.com>
To: "David Farber" <dave@farber.net>


Sorry for the delay.  Our Microsoft mail server crashed while I was
assembling some responsive data.

Evans assisted Schmalensee in preparing the latter's testimony for
Microsoft in the antitrust case.


Attached are two articles [available on request djf] by Evans that (in footnotes) acknowledge his
status as a Microsoft consultant.  There are others, including others
coauthored with Schmalensee, but I don't have softcopy handy. I recall
at least one that was circulated as part of the MSFT PR effort during
the trial.

In the Microsoft Trial Transcript 1/14/99 (a.m.)at 48-49 -- Schmalensee
(MSFT's testifying economist) notes that Evans or one of the NERA people
with him handed him responsive materials during a break in proceedings,
and identifies NERA as his support for the MSFT work.






Donald M. Falk
Mayer, Brown & Platt
555 College Avenue
Palo Alto, California 94306
650.331.2030
650.331.2060 (fax)

Be sure to check out www.appellate.net


-----Original Message-----
From: David Farber [mailto:dave@farber.net]
Sent: Friday, December 07, 2001 7:49 AM
To: Falk, Donald M.
Subject: RE: Re: Daily Report from The Chronicle of Higher Education
(fwd)



>Evans works for Microsoft,


Can you aim me at a ref for that




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