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Cook preparing for Epic trial testimony, practicing with former prosecutors

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As the trial of Epic Games vs Apple enters its third and final week, Apple CEO Tim Cook is reportedly spending hours per day practicing his testimony with prior trial attorneys.

In the late stages of courtroom activity in Epic's lawsuit against Apple, both sides are likely to bring out their best witnesses and arguments to finish strong. In the case of Apple, that effort will probably include an appearance from Tim Cook.

As the figurehead for Apple, Cook is likely to have to answer tough questions and claims from Epic's lawyers, as he attempts to convince the court Apple isn't operating a monopoly with its App Store. While well versed in public appearances and previously testifying before Congress, Cook has apparently done some homework before visiting court.

The Apple CEO is said by sources of the Wall Street Journal to have been preparing for his appearance by undertaking practice rounds with former prosecutors, selected by his legal team to try and simulate the expected experience in the witness stand.

Apple has previously told the court Cook will speak about the company's core values, as well as other topics about competition and its operation. Cook is also anticipated to discuss the economic benefits to developers of the App Store's existence, and that Epic's lawsuit is an attempt to get a better deal for itself from Apple, rather than for altruistic goals.

Cook has already spent a lengthy period speaking to Epic's lawyers ahead of the trial. In February, the court ruled the Apple CEO had to undertake a seven-hour deposition, rejecting an attempted compromise by Apple to subject him to four hours of deposition.

While all eyes will be on Cook's testimony, he probably won't be the only Apple executive to take to the stand in the coming days. Former marketing chief and Apple Fellow Phil Schiller is anticipated to make an appearance, as well as SVP of Software Engineering Craig Federighi.

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17 Comments

marccosan 3 comments · 3 Years

Just wonder why need to prepare if u are the boss?? You shloud know what u do and talk openly. If need lawyers help there is always something that they hide. Simple as that!

avon b7 8046 comments · 20 Years

"... Cook will speak about the company's core values, as well as other topics about competition and its operation. Cook is also anticipated to discuss the economic benefits to developers of the App Store's existence..."

If I were on that team I would have him steer well away from that line of commenting as it doesn't tackle the core issues of the case and, more importantly, it is more than likely to create a pushback situation in the wider PR field and irk the judge. Not to mention probably ending up in some shape or fashion in other ongoing trials and investigations.

I would opt for a simpler presentation of the situation, focusing on how things developed over more than a decade and why we are at the current position.

Either way, if people do their jobs well, he's in for some very prickly moments so I bet his advisers are making sure he has a bagfull of deflection weapons at his disposal. 

sdw2001 17460 comments · 23 Years

marccosan said:
Just wonder why need to prepare if u are the boss?? You shloud know what u do and talk openly. If need lawyers help there is always something that they hide. Simple as that!

Comedian Tom Segura has a bit about people saying they're going to talk to the cops without a lawyer.  Look it up :)  

williamlondon 1426 comments · 14 Years

marccosan said:
Just wonder why need to prepare if u are the boss?? You shloud know what u do and talk openly. If need lawyers help there is always something that they hide. Simple as that!

How ridiculous and utterly irresponsible (for Cook *not* to prepare). Have you just hatched or arrived from some other planet? Have you never seen a courtroom drama before? ;-)

avon b7 8046 comments · 20 Years

marccosan said:
Just wonder why need to prepare if u are the boss?? You shloud know what u do and talk openly. If need lawyers help there is always something that they hide. Simple as that!

There is too much riding on this to talk openly and no one can ever know every little detail about what happens beneath them.

By preparing for the grilling he is being wise, and trying to avoid mispeaking, having his words treated ambiguously or easily taken out of context.

It's a thankless task unless you have all the tailwinds behind you. If anything, he is going to run into some strong headwinds.

He will also have to battle pressure, nerves, tiredness and the risk of just having a bad day. He will have to control his verbal delivery, body language and engage the judge.

There are a thousand little things that can go wrong or throw you off balance.

On top of that, he is the CEO and there is added responsibility and pressure from the 'fear' of letting the side down.

If you are doing this kind of stuff day in and day out you accept that, on occasion, things will go belly up. You shrug it off and move on.

But this is more akin to an exceptional situation. Going in unprepared would be suicide.