arbitrators in Duke

Here is some feedback I got from within Susman Godfrey:

1. Morris: Several people have been before him as a judge or arbitrator
and they all think he is fine. Recall he also is the one who is a good
friend of Mike Beatty.

2. Paul: extremely negative feedback

3. Roberts: even worse feedback than Paul. SG took a very contentious
deposition of him in the Exxon Valdez coverage case.

4. Webster: fine; but probably unacceptable to Duke once they know Enron's
and my relationship with him.

5. Phillips: Mixed. Steve Susman likes him and thinks he would be fine.
Others note that he apparently is extremely close to Renfrew, having
strongly urged Renfrew as the neutral arbitrator in a matter in which
Phillips was the (unsuccessful) mediator.

Others note generally the obvious concern that Renfrew may have some special
sway with any former federal judge, a rather small and elite club.

Others noted that we should beware Oklahoma based arbitrators in particular
(Morris, Paul and Phillips all are from Okla.), where Duke is a big player.

With respect to potential counter-proposals, Beatty is considering some
names. In addition, two people suggested within SG are former state judge
Harlan Martin (who runs JAMS' Dallas office); and former 3rd Circuit judge
Arlin Adams (who ruled in SG's favor as sole arbitrator in our dispute with
Jack Grynberg).

Neal S. Manne
(713) 653-7827
nmanne@susmangodfrey.com