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Google taps legal muscle for Microsoft case

The search giant adds lawyers from a firm that represented Grokster, banker Frank Quattrone and former Enron exec Andrew Fastow.

Ed Frauenheim Former Staff Writer, News
Ed Frauenheim covers employment trends, specializing in outsourcing, training and pay issues.
Ed Frauenheim
2 min read
In its fight with Microsoft over an executive's defection, Google has enlisted attorneys from a small but high-powered law firm.

Keker & Van Nest, a 50-lawyer firm based in San Francisco, represented Grokster in its legal battle over file sharing, and also represented Wall Street banker Frank Quattrone and former Enron executive Andrew Fastow in criminal cases. The firm specializes in "complex civil and criminal litigation," according to its Web site, and was judged "litigation boutique of the year" earlier this year by The American Lawyer trade publication.

Court filings made public Wednesday show Google requested that five attorneys from Keker & Van Nest join its legal team. The requests, filed Aug. 16, were approved by the court.

The addition of the Keker & Van Nest attorneys is a further sign of the high stakes in the battle over former Microsoft executive Kai-Fu Lee. Google hired Lee last month to lead a new research and development center in China and serve as president of its Chinese operations. The same day, Microsoft sued both Lee and Google. Microsoft claims that Lee's new job violates a one-year noncompete clause, which bars him from doing work that competes with projects he participated in at Microsoft.

In court documents, Google has called Microsoft's suit a "charade" that's really meant to scare Microsoft employees into staying put. Google has claimed that Lee is "not a search expert" and described him as peripheral to Microsoft's business in China--though a document Microsoft said it found in the recycle bin of one of Lee's computers indicates Google anticipated a possible lawsuit in hiring Lee.

A Washington state judge has temporarily barred Lee from performing work at Google that competes with what he did at Microsoft.

Microsoft is represented in the legally complex case by the firm Preston Gates & Ellis. Microsoft Chairman Bill Gates' father was a founding partner of the firm.

Google has been represented in the case by Dorsey & Whitney, a firm with nearly 640 attorneys. It has a range of legal practices, including mergers and acquisitions and intellectual property litigation.

(Google representatives have instituted a policy of not talking with CNET News.com reporters until July 2006 in response to privacy issues raised by a previous story.)