Message-ID: <2775666.1075853246667.JavaMail.evans@thyme> Date: Thu, 3 May 2001 09:50:00 -0700 (PDT) From: showard@agsk.com To: richard.b.sanders@enron.com Subject: I would like to send the following e-mail to Oaktree's lawyer. What do you think? Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: showard@agsk.com X-To: Richard.B.Sanders@enron.com X-cc: X-bcc: X-Folder: \Richard_Sanders_Oct2001\Notes Folders\Nsm X-Origin: Sanders-R X-FileName: rsanders.nsf I would like to send the following e-mail to Oaktree's lawyer. What do you think? My points are not directly responsive to the prior e-mail, but I think this gives us a hook to assert a position that you and I have discussed but never actually asserted. Steve ................................................ Bruce, I am a little late answering your attached e-mail. Brian Barth met with Mike Swartz in the first half of 2000 in his capacity as counsel for Oaktree and in the context of Oaktree's written agreement, and Mike's oral agreement, that Oaktree's counsel would not disclose to, or use for, Farallon anything learned from Barth in the meeting (which meeting Oaktree insisted take place pursuant to the parties' written agreement.) In direct violation of the written and oral agreements, Shawna Ballard thereafter disclosed the Barth/Swartz meeting on the public record in Barth's deposition and began asserting statements in the deposition that Brian had allegedly made to Mike. (Shawna's factual assertions about what Brian said were in fact wrong, but that is beside the point.) Until Shawna made her disclosures, none of the defendants was even aware that the meeting had taken place. Now, as a result of Shawna's disclosures, in a variety of ways the other defendants have initiated formal and informal discovery against Enron and are otherwise taking positions adverse to Enron. Enron intends to hold Oaktree responsible for all damages arising out of its breach of its written agreement with Enron, including Enron's substantially increased attorneys fees in the various litigations. >>> "MacLeodB@hbdlawyers.com" 04/04/01 03:18PM >>> Steve -- I am having a little trouble understanding the complaints stated in your two e-mails repeated below. With regard to the Barth deposition, Section 2.01 of the parties' cooperation agreement expressly authorizes Oaktree to reveal information obtained from ECT to potential witnesses or even as exhibits in depositions. With regard to our document production, Section 2.01 again specifically authorizes us to provide documents or information obtained from ECT in responding to discovery requests. Moreover, we know of no know proper privilege objection that would have allowed us to withhold any of the materials we have produced in response to NatWest's subpoena. Our production in response to NatWest's subpoena is substantially complete. If, after you have reviewed that production, you continue to believe that we are in error with regard to the Oaktree/ECT agreement or the proper scope of our production, give me a call and we discuss it. Thanks Steve. -----Original Message----- From: showard@agsk.com [mailto:showard@agsk.com] Sent: Tuesday, April 04, 2001 2:26 PM To: MacLeodB@hbdlawyers.com Subject: your production of HBD docs 1-85 This production of documents went far beyond anything required by the document requests (e.g., an e-mail from me to Shawna apologizing for misspelling her name) and violated the confidentiality provisions of the agreement between Oaktree and Enron Steve Howard Alschuler Grossman Stein & Kahan LLP phone: 310-407-7613 fax: 310-552-6077 e-mail: showard@agsk.com -----Original Message----- From: showard@agsk.com [mailto:showard@agsk.com] Sent: Tuesday, April 03, 2001 12:16 PM To: MacLeodB@hbdlawyers.com Subject: Your response to NatWest's Second request for docs I just reviewed this pleading. Before you produce any docs responsive to Request No 1, I would like the opportunity to review the docs. We believe that Oaktree breached its agreement with Enron when Shawna disclosed in the middle of Barth's deposition that Mike Swartz had met with Barth and further disclosed (inaccurately, we believe) portions of the content of that meeting. We would hope that Oaktree is not on the verge of a further breach. Steve Howard Alschuler Grossman Stein & Kahan LLP phone: 310-407-7613 fax: 310-552-6077 e-mail: showard@agsk.com ................................................ 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