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Enron Mail |
Richard:
I got your Saturday voicemails. We will produce the documents. We are mindful of the need to making discriminating decisions about which depositions to attend.? To date we have not attended, and/or do not plan to attend, depositions not noticed in the Farallon or Legg mason cases, depositions of other defendants concerning their production of documents to plaintiffs, and depositions of various NatWest witnesses relating to the contention of several NatWest entities that they are not subject to personal jurisdiction in California.? To date we have attended, or plan to attend, the depos of Busse, Nolan, and Schultes.? We have also attended the depo of Rich Goldstein of Oaktree and have been planning to attend depositions this week of Bruce Karsh and Michael Wachthorn, also Oaktree people.? Our decision to attend these depositions is a close call ( and we can reverse, if you disagree.)? Our thought is that, even though Oaktree is not suing Enron, the Oaktree depos give us insight into the process by which investors decided to invest in NSM and what facts they believed about NSM, and, since these depos are in LA, the cost of attending them is not nearly so high as some of the other depositions. Concerning an indemnification of ECT by NSM, remember that there was no "underwriting agreement" between ECT and the other underwriters and/or NSM, so I question whether there is an express contractual indemnity.? I have never seen it.? There may well be an agreement between NSM and McDonald (and perhaps NatWest) that indemnifies those entities and such an agreement may provide a basis for an indemnity claim by ECT as well.? Should we try to find such a document?? Query, what difference does it make if NSM has an indemnity obligation to ECT--does NSM have any assets to pay unsecured creditors??? Steve This e-mail message may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.
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