Message-ID: <12900548.1075845065786.JavaMail.evans@thyme> Date: Wed, 6 Jun 2001 04:31:00 -0700 (PDT) From: mark.haedicke@enron.com To: andrew.edison@enron.com Subject: Re: Letter to Timothy D. Bourn.DOC Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Mark E Haedicke X-To: Andrew Edison X-cc: X-bcc: X-Folder: \Mark_Haedicke_Oct2001\Notes Folders\Sent X-Origin: HAEDICKE-M X-FileName: mhaedic.nsf We need to address both issues unless there is some compelling reason not to. Mark Andrew Edison@ENRON 06/06/2001 09:19 AM To: Joseph Deffner/Enron@EnronXGate, W David Duran/Enron@EnronXGate, Charles Ward/Enron@EnronXGate, Lisa Mellencamp/HOU/ECT@ECT, Brad Alford/Enron@EnronXGate, Richard B Sanders/HOU/ECT@ECT, Mark E Haedicke/HOU/ECT@ECT cc: Subject: Letter to Timothy D. Bourn.DOC Attached is a draft arbitration demand our outside counsel has prepared on the confidentiality issue only. For what it is worth, outside counsel does have some concerns with just arbitrating the confidentiality issue. First, they raise the possibility that by only raising the confidentiality issue, we might be waiving the guaranty assignability issue. To try to prevent this argument, you will note that we have put preservation language in the arbitration statement of claim. We will need to do some additional legal research to make sure that would do the trick. Second, outside counsel tends to think the two claims together (confidentiality and the guarantee assignability) work better together. Let's talk soon. - Letter to Timothy D. Bourn.DOC