Day 012 - 18 Jul 94 - Page 29


     
     1   Q.   Could you tell us this, Mr. Horwitz:  When this
              advertising campaign was being conceived and prepared, did
     2        McDonald's take any outside advice about it?
              A.  We took a great deal of outside advice from many -----
     3
         Q.   I take it in stages:  Did you take legal advice?
     4        A.  Yes, we did.
 
     5   Q.   Do you mean the views of Mr. Horwitz and Mr. Shelby
              Yastrow were not sufficient?
     6        A.  That is correct.  We also consulted with the Dewey
              Ballantine Bushby firm in Washington, which is one of the
     7        most prominent firms in the country.
 
     8   Q.   As we will see in a minute, one of the partners in Dewey
              Ballantine is a man called Josi Califano?
     9        A.  Yes.
 
    10   Q.   He signs some of the letters written on behalf
              of McDonald's in this matter.  Can you tell us a little
    11        bit about Mr. Califano's provenance?
              A.  Yes, I can.  Mr. Califano, who was the lead attorney
    12        for the McDonald's corporation, was the former secretary
              of health, education and welfare of the entire United
    13        States.  He was the senior person in the United States and
              responsible for the various acts, not only the enactment
    14        but also modifications to a number of these acts; the food
              and drug laws, the Department of Agriculture laws, the
    15        Fish Act, Poultry Act, under which we operated.  It was
              for that reason we went to him.
    16
         Q.   At what date did he leave the government and join Dewey
    17        Ballantine, do you know?
              A.  He served during the Carter, President Carter's
    18        administration and left shortly after.
 
    19   MR. JUSTICE BELL:  Did it happen that way round, or was he
              always with the firm and then attempted away to government
    20        for a period?
              A.  I just do not recall.
    21
         MR. RAMPTON:  You tell us these advertisements were submitted
    22        to Dewey Ballantine?
              A.  Yes, it was one of the places we submitted.
    23
         Q.   Did Mr. Califano have an input into the advice given in
    24        relation to these advertisements?
              A.  Yes, Mr. Califano personally reviewed all of these, as
    25        did his two junior partners who he brought out of
              government with him, who he considered to be two of the 
    26        leading experts in the country on food and drug 
              administration and United States Department of Agriculture 
    27        laws.
 
    28   Q.   Who were they?
              A.  Gerald Rosberg, who you see as a signatory on some of
    29        these, and the more junior partner, Kevin McInneny(?).
 
    30   Q.   That is the legal side of things.  We have a rule here, as
              I expect you do in the United States, that what the actual

Prev Next Index