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FTC picks sharpshooter for Google probe

By Reuters
Washington, 31 May 2012

When the Federal Trade Commission (FTC) recently intensified its probe of Internet giant Google, it hired the high-powered Washington lawyer who helped send Oklahoma City bomber Timothy McVeigh to the death chamber.

With little anti-trust experience but a long record of victory, Beth Wilkinson built a reputation as a tough litigator with cases like that of McVeigh and the defence of Big Tobacco against smokers' lawsuits, and her hiring was seen by some as a sign that the FTC was contemplating a suit against Google.

Alternatively, anti-trust experts said, the agency could be using Wilkinson's reputation to push Google to settle, essentially saying: Deal with us at the negotiating table or you'll deal with her in court.

FTC commissioner Thomas Rosch, who met Wilkinson when they practised law together, said he worked with her 11 years ago on her first anti-trust case and was impressed by her determination.

The case never went to trial, but Wilkinson insisted on going ahead with a planned mock trial.

"At the time, I said 'I'm going back to San Francisco,'" said Rosch. "She stayed for the rest of the mock and she won the mock. She's a quick study ... and she's very diligent."

Wilkinson has been in the limelight before.

She argued as a prosecutor for the execution of McVeigh and aided in the US government case against former Panamanian dictator Manuel Noriega.

In private practice, she worked for Big Tobacco, and defended a pharmaceutical giant against charges that its drug raised breast cancer risks.

Her career even included a stint at the housing finance agency, Fannie Mae, where she was pushed out as general counsel when the government took control at the height of the mortgage crisis.

William Ohlemeyer, former head of litigation for Altria, the parent company of Philip Morris, who hired her to defend the company against consumer lawsuits, described her as "the kind who could grab your arm and twist your arm behind your back until you say 'no'."

Wilkinson, who declined interview requests but answered some questions by email, is also a juggler, the mother of three and the wife of NBC newsman David Gregory.

She'll work part-time probing Google while preparing for a tobacco case retrial and defending a new entertainment industry client, Activision Blizzard, against a high-stakes lawsuit.

The Google challenge

Wilkinson's FTC role will be to probe whether Google uses its search engine clout to unfairly promote its own businesses, such as Google Places and travel sites.

Competitors contend that Google is corralling users simply by engineering searches so that its sites are listed first.

Wilkinson, who was hired in April, will work on the Google case 130 days over the next year.

European regulators, who are pursuing similar allegations, said on 21 May that Google has "a matter of weeks" to settle to avoid formal charges or fines.

Wilkinson's Google work will come even as she prepares for the Philip Morris retrial, set for January.

She was recently hired to represent Activision Blizzard in a lawsuit filed by two former lead developers of Modern Warfare 2, Jason West and Vincent Zampella, who claim they were improperly terminated. A trial date was set for 1 June.

Wilkinson said in an e-mail that her case load should not be viewed as a sign that she thinks the Google case will be quickly settled.

"There is no connection between my trials and the likelihood of the Google matter going to trial," she wrote.

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