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Enron Mail |
Elizabeth, I'm going to forward to you and Richard a few emails recently
circulated by the joint defense group in which an overview of the Trust's damage argument is outlined and ideas exchanged about it. Knowing you're buried with other matters, if there is any chance you could review them/print them out & review and give me a call so that we can discuss, I'd greatly appreciate it. The description of what the defense group is anticipating appears to be consistent with what the Trust told us in one of our early conference calls about how it was calculating damages in our case. I'd like to know if you agree or if there are difference in what our Master Agreement/confirmation letters damage provisions provide. I would also like to review the counterarguments that we've articulated in brief before. If you'd like to schedule a set time to talk over the next few days, that's great; let me know what works for you. Feel free to call me at any time and we can discuss. Thanks. ---------------------- Forwarded by Melanie Gray/HO/WGM/US on 01/30/2001 02:21 PM --------------------------- "Greenswag, Douglas" <douglas.greenswag@leonard.com< on 01/30/2001 10:05:38 AM cc: "Beth Nelson" <beth.nelson@leonard.com<, "Catherine Horton-Morin" <catherine.hortonmorin@leonard.com<, "Catherine McEnroe" <catherine.mcenroe@leonard.com<, "Dan Oberdorfer" <dan.oberdorfer@leonard.com<, "Eric A. Henzy Esq. (E-mail)" <ehenzy@reidandriege.com<, "James Bertrand" <james.bertrand@leonard.com<, "Noah Hall" <noah.hall@leonard.com< Subject: PCA Litigation Leonard, Street and Deinard Professional Association Douglas B. Greenswag Phone: (612) 335-1527 Douglas.Greenswag@leonard.com Joint Defense Privileged Communication January 30, 2001 Re: PCA Litigation/Trustee's Damage Theory Dear Counsel: Having reviewed Tim's email and talking with him, I reiterate my view that Tim has correctly determined how the A&K attorneys are going to stand up and claim that PCA's inability to perform is irrelevant. While I maintain that the argument leads to an absurd result (namely that PCA could repudiate/breach the contracts and still collect damages), it may be that we need an expert to analyze the LD provisions of the contracts to aid us in our response. It would be interesting to know what our clients' think about this argument or what Scott Jones thinks of it. For example, can PCA claim that sellers who appropriatedly demanded adequate assurance "failed" to schedule or deliver power when they proposed to continue to schedule/deliver once adequate assurance was posted. Similarly, would a trading expert interpret the LD provision relating to having a seller's performance "excused" by PCA to be limited to situations where PCA and the seller were "booking out" or PCA was otherwise making affirmative statements to the seller that delivery was not expected? Any thoughts? Regards. Douglas B. Greenswag, Esq. Leonard, Street and Deinard 150 S. Fifth Street, Suite 2300 Minneapolis, MN 55402 Phone: (612) 335-1527 Fax: (612) 335-1657 Email: Douglas.Greenswag@leonard.com <mailto:Douglas.Greenswag@leonard.com< THIS MESSAGE IS PRIVILEGED AND CONFIDENTIAL _________________________________ NOTICE: The information contained in this electronic mail transmission is intended by Leonard, Street and Deinard for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. 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Horwich (E-mail)" <horwichs@bingham.com<; "J. Mark Fisher (E-mail)" <mfisher@schiffhardin.com<; "Jacob Dweck Esq. (E-mail)" <jdweck@sablaw.com<; "Jason Billeck" <jason.billeck@weil.com<; "John Strasburger" <john.strasburger@weil.com<; "Mark Fleischer" <fleischr@sprynet.com<; "Mark Jacobs" <mrjacobs@arrowheadcapital.com<; "Melanie Gray (E-mail)" <melanie.gray@weil.com<; "Meredith J. Ringler (E-mail)" <mringler@schiffhardin.com<; "Mike Stenglein (E-mail)" <mike.stenglein@weil.com<; "Paul Turner (E-mail)" <pturner@sablaw.com<; "Richard F. Casher (E-mail)" <casherrf@bingham.com<; "Richard Murphy (E-mail)" <RGMurphy@SABLAW.COM<; "Robert M Dombroff (E-mail)" <dombrorm@bingham.com<; "Sharyn B. Zuch Esq. (E-mail)" <SBZ@Wiggin.com<; "Stacy Williams (E-mail)" <swilliams@lockeliddell.com<; "Stephen Northup" <steve.northup@troutmansanders.com<; "Steven M. Hedberg Esq. (E-mail)" <hedbs@perkinscoie.com<; "Thomas D. Goldberg (E-mail)" <tdgoldberg@dbh.com<; "Tim Baird" <tim.baird@troutmansanders.com< **********NOTE********** The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (713-546-5000), and destroy the original message. Thank you. - C.DTF
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