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For some reason, I cannot attach it to this email, so I will have my assistant send it under separate email cover.
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Thanks a lot.
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Michelle
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Pat, Thanks for your comments on the agreement.
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As an FYI, the stock awards already have been made, so we had to soften the language in the agreement to address that situation.
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I appreciate your other thoughts.
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Mary, could you or someone in your group help me in putting together an example as suggested by Pat?
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Thanks.
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Michelle
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Here's the latest.
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Michelle
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I agree with Brian.
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I recently learned that someone can "hack" into the emeet site and pretend to be Jeff Skilling (as I discussed with you, Brian, this morning).
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So, we probably should start with that group to see if there are any gaps in the email system.
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I would suggest that someone from Net Works -- Roberto DeLeon or his crew-- would be the appropriate technical support for this endeavor.
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I agree with Brian that the focus should be on the impersonation of the office of the chairman and not the content of the email itself.
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I am happy to assist in any way you would like.
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Michelle
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Privileged and Confidential This email contains legal advice and confidentiality should be maintained The attached memo describes a recent decision from the National Labor Relations Board regarding an employee's right to be "represented" by a co-worker or other person during a disciplinary meeting.
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Employees in unionized settings always have had this right, but it now has been extended by the NLRB's ruling.
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The ruling was contentious -- there were dissents -- and I expect it to be appealed quickly.
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Nonetheless, if an Enron employee wants to have someone sit in on a disciplinary meeting, please call me to discuss how to proceed before responding to that request.
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We want to be careful to avoid a finding of an unfair labor practice.
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Thanks.
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Michelle
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Kristina, Attached is the letter we give to all persons who terminate from ENA voluntarily (although I don't really know why we limit it to voluntary terminations -- I have to look into that).
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I also will send you by messenger the draft letter to a company (which I don't have on the system) and the letter I sent to the individual we discussed.
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I hope these help.
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Let me know if you would like additional information.
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Michelle
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t: please print for me.
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thanks.
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mhc
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t: please print for me.
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thanks.
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mhc
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Amy, It looks like my presence in Portland is iffy at this point.
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There are other ways to do the training if you still want it asap.
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Otherwise, I can schedule it a few weeks from now.
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I'll give you the details as I confirm my situation with the Portland trip.
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Michelle
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Privileged and Confidential Attorney-Client Communication This E-Mail Contains Legal Advice In the Barbed Wire Purchase Agreement is the provision that the Purchaser has 45 days to identify those employees of Company whom it would like the Company to terminate from employment prior to closing.
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The Seller is providing a limited indemnity for Purchaser's actions in selecting those employees.
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The indemnity expressly excludes claims against ENA for the selection of those employees.
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This indemnity thus excludes claims for discrimination on the basis of age, sex, race, religion, etc. The indemnity exclusion also could be interpreted to exclude claims for tortious interference.
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Thus, if ENA is going to exercise its right to select Company employees under that provision, ENA will assume the risk of claims by affected employees.
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I can assist you in identifying legal risks in the selection process and determining methods to manage the risks of those claims.
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Let me know if you would like to discuss this issue.
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Michelle Cash
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Dick, Here are the details about the GPG PRC meeting.
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Please note that these people have not been involved in the process for very long and thus, this may not be the best example of how the process works.
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Nonetheless, it should give you a flavor of how it works.
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When you get to the Enron Building, please ask for me or my assistant, Twanda Sweet, and one of us will take you to the conference room.
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Thanks a lot!
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Michelle
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Twanda, could you please print for my review?
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Thanks a lot!
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MHC
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t; please prnt for me thx
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Ann, I am following up on the status of the research involving Section 6.4 of the SPA; specifically, what are the potential liabilities of Enron selecting persons for termination and providing those names to the Seller?
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I would like to have this research asap because our time table is very short.
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Do you have any information on that?
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Thanks.
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Michelle Cash
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I will look closely at the sample letters to see whether there is any way to avoid the conclusion you have reached, which appears to be the correct one.
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I have a meeting right now, and will focus on it right after that -- I'll send another email once I've completed that review early this afternoon.
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Michelle
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FYI, here is information relating to the voice mail I forwarded to you late Friday.
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I will be on vacation the dates they want to handle diligence, so one of you may need to handle it.
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Let's see what happens.
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.
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.
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Michelle
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t: Please print for me.
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Thanks a lot!
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Michelle
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Scott, I would love to attend, except that I will be out of the office on vacation that whole week.
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It sounds like a great presentation!
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Would you mind if I forward it to some other folks in corporate legal who might be interested (i.e., my counterparts)?
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Thanks.
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Michelle Enron North America Corp.
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TWanda, I assume that you have these saved somewhere?
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If not, would you?
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Thanks.
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Michelle
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Hoyt, I suggest that we get Aaron Brown and Sheila Knudsen working on the issue of deferred comp.
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to work with Dee on this comparison.
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Thanks.
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Michelle
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Debi, I will prepare a draft response for you.
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Michelle
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Amy, we do put people under contract with a definite term; however, at the end of that term, the employee converts to an employee at will.
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We also hire consultants for a fixed term, but a year-long period for an individual is pretty long for a consultng position.
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What is the situation?
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Maybe we can find an alternative.
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Michelle
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I agree with your approach.
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MHC PS, I am out next week on vacation.
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Call Twanda to arrange for assistance while I am out, and she will refer you on.
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Agreements will be done during my absence; again, work with Twanda.
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