"On July 14 EFF's defense team filed a motion to disqualify
Judge Lewis Kaplan from presiding over the DeCSS trial after
discovery revealed that he advised Time Warner on DVD matters while
in private practice. Judge Kaplan was a partner in the powerhouse
NY law firm Paul Weiss when he counseled Time Warner, a plaintiff
in the case, on antitrust issues related to DVD technology, an
issue to be decided in this case."
"2600's defense team has also learned that while in private
practice, Judge Kaplan accused its lead litigator, Martin Garbus of
professional misconduct and cautioned a co-worker against taking a
position in Garbus' law firm. Both incidents create a conflict of
interest for the Clinton-appointed federal judge, who has
pushed for a speedy trial since the initial court appearance."
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