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Enron Mail |
Jim,
As you might recall, we discussed hiring an Indiana law firm in connection with a coal delivery dispute involving Enron and NIPSCO, an Indiana utility. The case will end up tried in Indiana and is governed by Indiana law. Wayne Gresham, who works for the coal group and happens to have practiced in Indiana, suggested that we use a litigator named Dan Kelley. Dan works at Wayne's former firm, Ice, Miller, Donadio & Ryan. Dan's conflicts check revealed that Ice, Miller represents the Simon Property Group in various contract negotiations involving EES. Apparently, Simon is a long standing client of Ice Miller and has consented to Ice Miller's representation of Enron in the NIPSCO dispute as long as, in the event a dispute arises between Simon and Enron, Enron will consent to the simultaneous adverse representation of Ice Miller or agrees to allow Ice Miller to withdraw from representing Enron to represent Simon. Dan has no personal involvement with Simon and is unaware of any potential dispute between Enron and Simon. So far, Dan seems like a very competent lawyer who has been not only responsive to requests for quick turn around but also has shown a lot of "coal savvy" which will be quite helpful to us. To the extent that we don't have any other connections in Indiana and I hope we won't be having any other litigation there, I don't see an immediate problem with the requested waiver. I ran this by Richard who was OK with it as well. Please let me know if you are OK with this. I've copied Vicki Sharp on this note so that she can let us know if she is aware of anything between Enron and Simon that might be looming on the horizon. Thanks in advance.
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