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Please take the precautions you believe are appropriate.
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Paul- please find out what you can from the DOJ.
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Thanks.
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I have a Norelco razor.
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Would that help?
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I am forwarding a draft of the Amended Complaint in the TVA lawsuit.
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The "control area" causes of action have added to our existing request for declaratory relief on the "delivery point" issue.
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We would like to file this next week, so please review this asap.
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My assistant is putting together a conference call for Tues afternoon to discuss.
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Please send me his resume
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Is this call going to happen?
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I am available.-
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Who are the new firms and what do you know about them?
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I am fine w/ the bill.
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Does this name sound familiar?
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Good job on your conversation.
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Unless Max wants to pay some nominal amount of money to simply get rid of them, I would advise that we do nothing.
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We could write a letter confirming the substance of your conversation and warn them not to slander Enron,but I think that might be overkill.
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I forwarded this to Derrick and Haedicke.
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Why dont you send one out to every other GC.
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Thx.
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The interest rate is fine.
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We do not agree to "loser pays" attys fees.
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The arbitrator has discretion under AAA rules to award attys fees, so we usually leave it open.
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I would not agree to pay attys fees if someone goes to court for some relief outside the arbitration.
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Please let me know if you have any questions
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The phone call to Intermesa and Votorantim should emphasize the following points: 1.
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The transaction was never consumated.
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We have consistently stated that we do not consider the transaction a "done deal" until final documents are executed.
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2.
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We are no longer willing to consider the proposed transaction.
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The reason is simple: the market has moved and they failed to act quickly.
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3.
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All markets,pet coke markets in particular, are time sensitive.
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Because Votorantim has delayed in the execution of final documents, it accepted the risk that, over time, market prices would change and Enron would no longer be willing to sign a deal.
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4.
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Again, we never had a final, enforceable deal.
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Their only claim is that we misrepresented to them our willingness to do the deal and therefor they didn't pursue negotiations with a third party.
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Our response is: we never made any misrepresetation and it is not reasonable to rely on our negotiations as a basis to forego discussions with third parties when Enron never sent them a binding offer.
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I would like to cancel,as long as my RC is not charged.
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Unless I hear otherwise, I will asume this is ok.
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yes, I will attend.
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Can you get w/ Staci and take care of this request?
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The requirement that all three arbitrators have 10 years of experience in unrealistic.
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We will be hard pressed to find one.
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Most arbitrators are lawyers.
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With respect to the second change, it is not a change we should make.
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This changes the arbitration from a party designate arbitration where one of the arbitrators is our advocate, to a totally nuetral panel.
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I think we have compiled all the information you requested.
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Sorry for the delay.
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Please call Linda Guinn at ext.36104
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FYI
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FYI
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FYI
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I just wanted to remind everyone involved with the TVA litigation (and potential litigation) to be mindful of the possibility that some of our internal communications in the next several weeks may be the subject of TVA discovery requests in the coming months.
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Please do not generate any notes or e-mails without talking to me first.
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When scheduling meetings regarding strategy, please include an attorney so that we can protect the communications through the attorney-client privilege.
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If you have any questions about this procedure, do not hesitate to call me at ext.
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35587
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After reviewing the petition, I think this belongs to EES.
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I'm ok
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The plans are up in the air.
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The first weekend that we are all free is the weekend of Feb 26.(if you can't make it that weekend, let me know.) If all three of us come, there is probably 4-6 hours of work.
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I would propose that we bring Ben,James and Ryan only.
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I will arrive Fri night and leave Sun morning.
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Let me know what you think.
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I can't tell what changes he made.
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Can you?
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Both Sheila Tweed and I have concluded that Kristopher Wahlers is not a good fit for our position.
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Do you have any other prospects?
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Britt was going to check with all the Enron GC's.
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I assume he got no response.
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Your observations on how to fix the problem are right on the money.
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The other thing we should have done is confirm that the broker confirm links the two transactions as well.
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Have you received all the information you need?
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Send it to everyone you believe should get it.
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Unless I hear otherwise from you, I will assume you are going to send the letter with attachments today
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I have pushed this meeting until Feb. We need to meet w/:Mcconville(2 hours after Barth),Barth( first meeting in the morning), and Travis.Please set up asap.
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Please try to track this down.
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Please call him and set this up
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I am assuming this meeting is canceled.
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Bill is a great guy but I have no interest in a presentation.
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Sorry,but we have no interest.
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I have no changes to the description
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What time is the party?
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Whalley's asst tells me the meeting at the Px is at 9 am.
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I have left Greg a voicemail indicating that the three of us should talk today about strategy.
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Yes to arbitration.
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No to waiver of jury trials,unless the counterparty is in the Rio Grande Valley or some other bad venue.
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I f you haven't already done so, please review the attachments.
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Don't provide any feedback in writing or e-mails,simply talk to them on an unrecorded line.
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We need to meet with, in this order, Brian Barth,Travis McCoullough,Kevin McConville and John Hopley.
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Lisa Mellencamp may also want to attend the meetings with the attorneys from Millbank.
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Does anyone know this guy and should we interview him?
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Let me know what you think--obviously we need to decide quickly.
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Please drop me a voicemail or an e -mail when you have the time.
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I am out of town starting today.
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Also-- I circulated the resumes of the two Canadian attys you sent to me last week.
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If you have any more comments about them,leave that in the voicemail and I will forward it to Shelia and Julia.
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Enron Capital & Trade Resources Canada Corp.
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