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Enron Mail |
Tell her I have no objections.
melanie.gray@weil.com 09/21/2000 05:38 PM To: richard.b.sanders@enron.com cc: Subject: PCA Liz Austin, our Connecticut counsel, has been asked to represent Arizona Public Service Company and Griffin Energy Marketing, both of whom have recently been sued by the PCA Trust. As discussed below, we do not believe that there is any adverse interest between Enron and these two companies, but Liz wanted you to be comfortable with her concurrent representation of these two other defendants. (As I may have mentioned before, many of the defendants in the joint defense group are represented by one law firm. There is a commonality of interest in the defenses to the Trust's claims.) The complaint against Arizona Public consists only of preference claims in the amount of $300,000 and an objection to its $420,000 proof of claim. Griffin Energy has been sued for breach of contract, turnover, unjust enrichment, fraudulent transfer, etc. Total amount of claims equal $530,000. With Griffin, PCA failed to deliver power in May and the Griffin terminated its contract with PCA before the energy spikes began to occur. Liz has review the complaint against Enron and our draft answer and is aware of our issues and defenses. None of our defenses would be in conflict with the defenses asserted by Arizona Power or Griffin. If fact, many of the same defenses would be raised. Both Arizona Public and Griffin would agree that if any sort of issue conflict came up in the future or if Enron became otherwise uncomfortable with the concurrent representations, Liz would withdraw from representing Arizona Power and Griffin and they will waive any right to assert a conflict or seek disqualification. Assuming that Arizona Public and Griffin Energy are not otherwise adverse to Enron in other matters (which Liz did not believe they were), are you comfortable with these concurrent representations? I believe that there may be some beneficial economies in the concurrent representations in that Liz's time at hearings involving all defendants, etc. would be split among the defendants. However, if you're uncomfortable, then that's the end of the analysis. Liz is waiting to get back to Arizona Public and Griffin, so once you've decided, please let me know. Thanks. **********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.
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