the FTC v. Microsoft status conference has started and it has been confirmed that Sony's testimony will be a video recording of Jim Ryan's deposition. The Sony PlayStation chief won't appear live via live video link

— Tom Warren (@tomwarren) June 21, 2023

Judge begins the Microsoft vs FTC Activision Blizzard pre-hearing noting that her son recently began working for Microsoft (in a non-gaming department) and that she probably has a copy of Call of Duty somewhere in her house.

— AmericanTruckSongs9 (@ethangach) June 21, 2023

Now they're in court, FTC and Microsoft lawyers are sounding very cooperative with each other re. housekeeping.

Which you wouldn't think from some of the filings we've seen in the last week or so.

— Michael Acton (@MActon93) June 21, 2023

Judge Corley said she is conscious of the tight deadlines here. Which raises the question of whether the trial slips into a sixth day.

"I shouldn’t say this, but I’m also available Friday," she says. But "the less time you leave me to get an order out... we need to get it in."

— Michael Acton (@MActon93) June 21, 2023

In exchange with FTC lawyer, Corley says she's inclined to give MS in-house counsel access to some of the evidence it doesn't want them to see, subject to third party objections.

"We don’t rule on parties with secret evidence, that’s just not what we do in this country"

— Michael Acton (@MActon93) June 21, 2023

She asks MS lawyer why they need 5 in-house counsel to look at these exhibits. Lawyer says it's only for a few hundred docs. They have to make litigation decisions fast.

"They are officers of the court, they are attorneys, they know their obligations to take those seriously."

— Michael Acton (@MActon93) June 21, 2023

Listening to meeting in the FTC vs MSFT preliminary injunction case, and MSFT counsel says that FTC had almost 3,000 exhibits in the discovery process.

— Derek Strickland (@DeekeTweak) June 21, 2023

Lawyer count: 3 in-house for Microsoft, 2 for Activision.

"...It's unworkable in the 7-8 day period, we were sending over things we wanted to be made public."

Judge to SIE: "What you need to do today, you need to let (MSFT/ATVI) know what information you want to be redacted."

— Derek Strickland (@DeekeTweak) June 21, 2023

FTC Weingarden: "There may be some evidentiary issues that arise. We have concerns about evidence that MSFT may submit..."

— Derek Strickland (@DeekeTweak) June 21, 2023

FTC seems to have issues with potential testimony that witnesses may offer because FTC cannot understand specific parts of what may be testified...there's discussions of asserted privileges.

— Derek Strickland (@DeekeTweak) June 21, 2023

Corley: I can't make any ruling out of context, I need transcripts...I don't know how you'd do that in 3-4 days.

Fleury: We're trying to come up with a workable plan to give context, so when these issues arise, we can point to that briefing...

— Derek Strickland (@DeekeTweak) June 21, 2023

Fleury: I think the issue of EC remedies are something we think that is something entirely inappropriate for any of their witnesses to testify about.

— Derek Strickland (@DeekeTweak) June 21, 2023