Enron Mail

From:barton.clark@enron.com
To:kay.mann@enron.com
Subject:Murtha Cullina Conflict Waiver request
Cc:
Bcc:
Date:Tue, 12 Sep 2000 03:19:00 -0700 (PDT)

FYI
----- Forwarded by Barton Clark/HOU/ECT on 09/12/2000 10:19 AM -----

Barton Clark
09/01/2000 01:41 PM

To: Sharon Butcher/Corp/Enron@ENRON
cc: Daniel Allegretti/HOU/EES@EES
Subject: Murtha Cullina Conflict Waiver request

The request that I look at or find the proper person to review a conflicts
waiver to be executed by Enron Corp. came to me from Daniel Allegretti as I
am the lawyer working for ENA ( power assets group) in the fuel cell project
referred to in the attachment. Sheila Tweed advised me you were the proper
person to be looking at this matter for governmental affairs. I went ahead
and yesterday did a markup of the requested conflicts waiver from Murtha
Cullina to keep the ball moving and distributed that markkup internally via
the attachment, but nothing more has happened since then. The revised waiver
letter appended to the attachment is marked to show changes to the original
Murtha request, so I won't forward that document to you unless you want it.
Please give me a call at your convenience to discuss.
----- Forwarded by Barton Clark/HOU/ECT on 09/01/2000 01:34 PM -----

Barton Clark
08/31/2000 02:18 PM

To: Daniel Allegretti/HOU/EES@EES
cc: Sheila Tweed/HOU/ECT@ECT
Subject: Murtha Cullina Conflict Waiver request

Attached is a suggested markup of the requested conflicts letter. Candidly, I
don't see how Murtha can continue to represent us in lobbying for the subject
transactions and represent CRRA in lobbying and legal representation for the
same transactions without conflicts or creating the appearance of
impropriety, and the markup reflects that scepticism by trying to segregate
out the representation cleanly. Also, to the extent the original draft
indicated Murtha had represented both CRRA and Enron re the transactions
until now, we need to make sure that we are OK with waiving that conflict as
a substantive matter. I'm not familiar enough with the representation to know
if Enron's interests could have been compromised during that period of dual
representation, and I do not think we should agree to the waiver until we are
comfortable on that score.The letter also now makes clear that Murtha will
not be able to represent either party or their affiliates in litigation
involving them. Since the letter requires the signature of Enron Corp., I'm
trying to find out what clearance is required, as I customarily do not review
or initial Corp. documents for signature.