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I agree with your proposal. Please communicate with Mark Holsworth. Mark
Michelle Cash 04/11/2001 11:33 PM To: Mark E Haedicke/HOU/ECT@ECT cc: Subject: Re: Mark, As a practical matter, I believe that it will be difficult to maintain an updated inventory of confidential information on an ongoing basis. That conceivably could be someone's full-time job, given the vast amount of confidential and proprietary projects at issue just within EWS. I do agree that we need to put some protocols in place with regard to how Enron handles different levels of confidential information (including trade secrets). Rather than have an ongoing commission guided by outside counsel, I would suggest that Pete, Scott Tholan, the IT security team, internal corporate security, as well as legal subject matter experts get together to put forth guidelines on how information should be retained and protected. Those guidelines would describe the type of information at issue and the corresponding security measures to put in place to protect that material. For example, trading positions and curves would have one standard for access and disclosure, while personnel information would have a different one. The benefit to this approach is that we can set the guidelines and manage on a periodic basis to make sure that they are followed, rather than create updated inventories. It also presumably would save on outside counsel fees. I would not view this type of approach as requiring much, if any, assistance from outside counsel. Let me know your thoughts. Michelle ------------------------------------------------------------------------------ --------------------------- Michelle Cash Enron North America Corp. 1400 Smith Street, EB 3823 Houston, Texas 77002 (713) 853-6401 michelle.cash@enron.com This message may contain confidential information that is protected by the attorney-client and/or work product privileges. Mark E Haedicke 04/11/01 03:00 PM To: Michelle Cash/HOU/ECT@ECT cc: Mark Holsworth/Enron@EnronXGate Subject: How would we do this efficiently in EWS? Mark ----- Forwarded by Mark E Haedicke/HOU/ECT on 04/11/2001 02:58 PM ----- Mark Holsworth/ENRON@enronXgate 04/10/2001 11:21 AM To: Mark E Haedicke/HOU/ECT@ECT, Drew Fossum/ENRON@enronXgate, Kristina Mordaunt/Enron Communications@Enron Communications, Vicki Sharp/HOU/EES@EES cc: Subject: Pete Van De Gohm of EES has again raised the topic of inventorying our trade secret protection which has been discussed from time to time. I have visited with Jim Derrick about having a legal/business committee representing your major groups. It would function in a similar manner as our Y2K committee did. We would have Fulbright & Jaworski give our people general instructions, our business people would canvass our companies to determine what we considered proprietary trade secrets and if we were not protecting our proprietary information appropriately, we could address that issue. Fulbright could also be used on an ad hoc basis. Costs would be shared proportionately between the major groups except special fees attributable to a specific operating group. I believe we need this inventory. If we try to enforce our non-competition agreements and we can't prove that we kept such information on a need to know basis and properly secured, we could lose the law suit. Jim asked that I contact each of you regarding this to see if you were in agreement with the proposed plan. Please respond as soon as possible if you agree so we can get the project off the ground.
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