Sometimes, Killer Instinct Matters More Than Subject Expertise – FTC vs. Google

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Sometimes, Killer Instinct Matters More Than Subject Expertise – FTC vs. Google FTC has, in its probe against Google, hired Beth Wilkinson though the attorney has very little anti-trust experience. However, what ruled in favor of the recruitment is Wilkinson’s tenacity and killer instinct as a really tough litigator. She is credited with sending Oklahoma City bomber Timothy McVeigh to the death chamber and of successfully defending Big Tobacco against lawsuits by smokers. Hiring Wilkinson is a clear signal that the time has come for FTC to prepare a lawsuit against Google.

05/31/12

the convicted had committed “the crime that the death penalty was designed for.”

Some analysts have opined that hiring Wilkinson might be a ploy to leverage her reputation and spur Google

She told the jury, “It’s difficult to contemplate how the

into a settlement rather than face her in court.

murder of 168 individuals with families and friends, churches, hobbies, volunteer activities and interests

Thomas Rosch, the FTC Commissioner had practiced

would not be enough in and of itself to warrant the

law together with Wilkinson a decade ago and says

death penalty for the individual responsible.”

he was impressed with her determination in her first anti-trust case. Wilkinson is also known for assisting

However, Stephen Jones, the defense attorney for the

the U.S. government case against former Panamanian

Oklahoma bomber opined about Wilkinson, “I found her

dictator Manuel Noriega.

evasive and disingenuous … economical with truth.”

However, Wilkinson is not entirely unfamiliar with

Ohlemeyer, who now works at Boies, Schiller &

financial and regulatory matters and had previously

Flexner LLP recalled working with her and said, “As

worked in the housing finance agency Fannie Mae, from

she became more familiar with our issues, it became

where she was removed when the government took

obvious that she was a creative and critical thinker and

control of the company.

was obviously very, very good at organizing evidence and explaining to people in a way that was easy to

The former head of litigation for Altria, William

understand.”

Ohlemeyer who had hired Wilkinson to defend Philip Morris, described her as “the kind who could grab your

Right now, in FTC, Wilkinson’s role would be to find

arm and twist your arm behind your back until you say

out whether Google uses its search engine to promote

‘no’.”

its own business like Google Places and travel sites in an unfair manner. The probe comes in the wake of

Wilkinson is also a juggler, and a mother of three. Her

competitor complaints that Google is using its search

husband is NBC newsman David Gregory.

engine to corral users by ensuring that its own sites are listed first against keyword searches.

In the sensational McVeigh case, Wilkinson convinced the court to use the death penalty because she said

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