Enron Mail

From:kay.mann@enron.com
To:gregg.penman@enron.com
Subject:Re: enovate, L.L.C. CA
Cc:ed.iii@enron.com
Bcc:ed.iii@enron.com
Date:Wed, 7 Feb 2001 08:43:00 -0800 (PST)

Gregg,

I think I'm in good shape and can look at what John sent tonight. Ed, just
stand by and I'll holler if I need anything.

Thanks,

Kay


From: Gregg Penman on 02/07/2001 04:06 PM
To: Ed B Hearn III/HOU/ECT@ECT, Kay Mann/Corp/Enron@Enron
cc:

Subject: enovate, L.L.C. CA

Ed/Kay - Here is a brief description of what I am trying to accomplish with
the confidentiality agreement. enovate, L.L.C. currently has no direct
employees, but rather employees of Peoples Energy Resources Corp. (wholly
owned sub. of Peoples Energy) and Enron North America working on its behalf.
As such, this includes access to proprietary and confidential information of
enovate, Enron and Peoples, such as certain curves, positions, transactions,
sendout information, etc. I would like to have each individual employee
working on behalf of enovate sign a Confidentiality Agreement that
effectively prohibits them from sharing any of the above information of
enovate or its affiliates ( I am assuming this would cover Enron and Peoples)
with anyone outside of enovate or its affiliates. I need to preserve the
ability to share information with affiliates since we rely on them to support
a large portion of our business.

Secondly, I need your legal opinion as to the realistic enforceability of
such an agreement and what form that enforcement might take or whether the CA
only serves as a scare tactic. The reason being, there is a Peoples employee
that I think is in the process of looking for another job. He is also the
one that I am most concerned about sharing confidential information.
Therefore, I am hoping to force his hand and see his reaction to the CA.

Kay has a large amount of history with our business and other CA's that have
been thrown back and forth. Perhaps the two of you can coordinate the
handling of this CA. I am trying to put something in Peoples' hands end of
day tomorrow if this is realistic.

As always - thanks for your assistance,

Gregg