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Enron Mail |
Cc: jgardine@skadden.com, bruce.lundstrom@enron.com, peter.weidler@enron.com,
john.novak@enron.com, drosenbl@skadden.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: jgardine@skadden.com, bruce.lundstrom@enron.com, peter.weidler@enron.com, john.novak@enron.com, drosenbl@skadden.com X-From: Michelle Blaine X-To: Laine A Powell, Christiaan Huizer X-cc: jgardine@skadden.com, Bruce Lundstrom, Richard B Sanders@ECT, Peter E Weidler, Stephanie Truss@ENRON, John Novak, drosenbl@skadden.com X-bcc: X-Folder: \Richard_Sanders_Oct2001\Notes Folders\All documents X-Origin: Sanders-R X-FileName: rsanders.nsf Hi Laine, I am going to set up a conference call for you, Christaan, John Novak, our outside counsel John Gardiner and me to discuss the force majeure investigation and the process to follow to assure that any record created supports our litigation strategy and position, and that we keep communications about the investigation privileged. Are you and Christaan available Monday or Tuesday? A half hour should be plenty. Hope you are both doing well. Kind regards, Michelle ---------------------- Forwarded by Michelle Blaine/ENRON_DEVELOPMENT on 02/09/2001 04:59 PM --------------------------- Michelle Blaine 02/08/2001 06:38 PM To: Richard A Lammers/SA/Enron@Enron, Laine.A.Powell@enron.com, John Novak/SA/Enron@Enron, Jose Bestard/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Felipe Ospina/NA/Enron@ENRON, Christiaan Huizer/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Rafael Rangel/NA/Enron@Enron, Rob G Gay/NA/Enron@Enron, Federico Cerisoli/SA/Enron@Enron, Eddy Daniels/NA/Enron@Enron, Gabriela Aguilar/SA/Enron@Enron, Mariella Mahan/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Peter E Weidler/NA/Enron@Enron, Gabriela Aguilar/SA/Enron@Enron cc: Bruce Lundstrom/ENRON_DEVELOPMENT@ENRON_DEVELOPMENT, Richard B Sanders@ECT Subject: Furnas Litigation Arbitration/Strictly Privileged and Confidential/Attorney Work Product/Attorney Client Communication This is a very BASIC outline of the litigation/arbitration strategy with no detail and the budget numbers are ballpark, subject to revision as we determine which strategy to take. If anyone needs something more detailed I am happy to create that. Keep in mind this is privileged material that should not be shared outside the control group unless it is outside counsel. If privileged material gets outside the group, the privilege is waived. From now on, please tag all emails, reports, memos, agendas or written communications of any kind discussing any of the issues regarding the consent, termination, force majeure, damages or anything relevant to the issues that may be litigated or arbitrated with the notation "CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGED COMMUNICATION" and copy John Novak or me on it so we can attempt to keep it privileged. Laine, this is especially true with respect to the force majeure investigation. All communications/reports of any kind about this investigation are to be done at the direction of counsel, in anticipation of litigation to keep them privileged. This prevents us from having to produce any results of the investigation to Furnas in the event of arbitration unless we want to. Therefore, please copy John Novak & me on all communications regarding the investigation and direct any reports about the investigation to me with the notation, "Prepared at the direction of counsel in anticipation of litigation. DO NOT PRODUCE IN DISCOVERY." If we need to hire any outside consultants for this, I need to prepare a tasking letter for them so that any reports or records they produce will be privileged, because it is being done at the direction of counsel in anticipation of litigation. If we fail to do this, anything they say or write is fair game for the other side. I'll give you a call about this. Everyone, think before you write things down and be especially careful with email. Remember you may have to produce notes, emails etc at some point. Please call me if you have any questions or if I can assist any of you. 713-345-6159. Kindest regards, Michelle Blaine
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