postbot/aeslc_kw huggingface dataset:
Subject: Casey v. NEPCO

Attached for your review and comment, please find Defendant's proposed discovery requests:   <<discovery requests.doc>>  <<med.rel.doc>>  Christine Neely,  Secretary to Lynn Paul Mattson and Kristen L. Brightmire  Doerner, Saunders, Daniel & Anderson, L.L.P.
Information in this message may be privileged or confidential.
Information is intended for the sole use of the addressee.
No consent is given for unauthorized viewing or distribution.
- discovery requests.doc   - med.rel.doc
Subject: Enron v. Miller

Dear  Michelle:        On Tuesday, October 23, I met with Christina Solomon, counsel for Doug  Miller.
The elusive Liz Miller failed to attend, having been called at the  last minute into an all-day meeting.
We have tentatively agreed that we  will meet next week.
Despite Liz Miller's absence, I believe that the meeting was productive.
I  learned the following information:        1.
Doug Miller claims that there are three power grids that  are unrelated, that he worked only in the East for ENA and works only in Texas  for Calpine.
Thus, he claims that his duties and activities do not overlap  in any way with those he performed for ENA.
2.
Calpine did not know of Miller's non-compete at the time  Miller was hired because he believed it had expired.
He brought it to  Calpine's attention immediately upon being contacted by ENA.
3.
Christina argued, as she did in the answer and  counterclaim, that the non-compete agreement was fatally overbroad, as Miller  never had any duties involving the majority of the activities from which the  non-compete purports to bar him.
In response, I told her the following:            1.
We do not accept Miller's assertion that simply working in  another region will sufficiently insulate our trade secrets, since strategies  may not be confined to a single region.
2.
I pointed out to her that Miller's contract very clearly  states that the non-compete extends three months after employment even if the  contract term has expired.
I also pointed out that he was reminded of his  non-compete orally several times by ENA personnel upon his  resignation.
3.
I explained that the non-compete had been enforced on many  occasions and that it was carefully crafted with an eye to protecting the many  trade secrets to which Miller may have had access.
I argued that  strategies concerning one aspect of ENA's business might impact many other areas  and that, as such, the non-compete was not overly broad.
[She asked what  trade secrets we were trying to protect!!
I, of course, declined to  answer.]
Despite the fact that I believe that these facts are clearly  stated in our petition, she confessed to not having viewed the situation from  the "trade secret perspective."
We ended the meeting with her stating that Calpine and Miller were both  interested in trying to resolve the matter and that she welcomes a proposal from  us.
While she did not elaborate, I believe that they would entertain a  suggestion of some sort of limitation on his activities for some short  period of time.
Please let me have your thoughts about this matter.
Thanks.
Best  regards,
Subject: Harassment Training

Michelle -  We are getting lots of comments/questions from our employees regarding the mandatory harassment training.
Have you given any more thought as to when/how this will be rolled out to Portland and San Francisco?
Thanks!
Hope that you had a great weekend.
Amy
Subject: Revised EEO and Harassment Prevention policies

Hello Lizzette and Michelle, Attached are the revised EEO and Harassment Prevention policies, and links for all policies.
Lizzette, I noted that you placed a question mark next to the "Unlawful (under FMLA)" link.
It is my understanding that the FMLA policy narrative and the related links are going to be revised/updated by Kriste Sullivan and Chris Rahaim.
In our last Project N-Form meeting, we agreed that Kriste and Chris would communicate their changes to Anne Labbe and Sarah Zarkowsky (members of the Content team).
Please let me know if you have additional changes.
Thanks again for your assistance!
Wendy
Subject: Over $50 -- You made it happen!

Kerry,  Based upon your review of the attached, is there any way that one of our=20 subsidiaries could decline to include bargaining unit personnel in receipt = of=20 this benefit?
Let me know asap.
Thanks a lot!
Subject: Have we got employees in the right Company?

TWanda, please calendar and then make a file entitled "Employees in Right  Company" and give to me on the date of the meeting.
Thanks a lot.
MHC
Subject: Employee Labor Relations Memo

Attached is a memo that I am currently working on with Rick Johnson.
Please  review and provide me with any comments.
Rick will be in the Houston office for the next two days.
Thanks
Subject: Entelligence

John,  Would you confirm (via a new email that I can print for my files) you have  had the conversations with Dan Bruce, etc.
about Entelligence that I scripted  for you in a prior email?
Thanks a lot.
Subject: Release re Canada

Twanda, would you please make this a form entitled "Canada Release" and then  draft one for John Gorman?
I'll fill in the blanks.
Thanks.
MHC
Subject: Project Canary

Peter,  I learned yesterday for the first time about Project Canary, which involves  the purchase of an asset that employs 400 employees and also has a unionized  workforce.
I understand that we are in the second round, and that there is a  deadline of 12/15.
Peter, we have discussed on numerous occasions the need for you to get me  involved early whenever there are transactions involving personnel issues.
You haven't involved me in this deal -- I learned about the fact that there
Subject: Services Agreements

Drew,  At one point, we had mentioned the idea of having services agreements among  Corp. and the various business units that are using shared services.
I think  that these agreements should be put into place sooner rather than later as we  begin to move towards shared services across the organization.
Let me know if you would like me to prepare the drafts of these agreements or  revise agreements that currently are in existence (if there are none, then we  really need to put some in place).
Thanks.
Subject: EIP Incentive Plan

I spoke with Corporate Compensation yesterday (Kim Bolton) about the option  of paying for stock options/phantom stock with proceeds from the EIP  incentive plan.
She is working on obtaining approval for that provision.
Otherwise, I believe that we are ready to review a final version of the  plan.
Jeanne, could you please circulate one?
I'll be in San Antonio for the law conference the rest of the week, but this  process should not wait for me.
Once corporate comp gives it the ok, we  should be ready to finalize it.
Michelle Cash
Subject: EMPLOYER PPT TRAINING FOR STERLING BANK.ppt

Twanda, please save this in whatever power point directory you have.
Then,  print for me to revise for a presentation to Energy Operations for Norma.
Save this one, though, because the one I am going to use for Energy Ops will  be much shorter, and this one has good stuff in it!
Thanks.
Michelle
Subject: Newsprint Acquisition

Pete,  I learned today of a deal involving a newsprint plant in New Jersey, which  you are running from the legal side.
Are there any issues involving personnel or labor involved in this deal?
If  so, I would appreciate your getting me in the loop as early as possible.
Thanks.
Subject: Shift Differentials and Overtime Payment

Kerry,  What are your thoughts on this issue?
Michelle    Michelle,  We have had a couple of interpretations as to how to calculate the overtime  for employees who receive a shift differential and wanted to ask for  assistance from you.
The problem we are having deals with employees who  rotate shift.
Please review the following scenario.
For a simple example with an ee at $10/hour and shift of $1/hour for the  Night (N) shift.
Subject: Investigation

Privileged and Confidential  In our meeting on Friday, we talked about the summary of complaints that you  three are going to do.
If possible, I would like to receive those by Tuesday  night so that they can be reviewed on Wednesday.
We are meeting with  Beck/Olson on Thursday.
Let me know if that is impossible -- I know you all are swamped with zillions
Subject: My Contract

Sheila, do you think we should meet with Rick Buy about this?
Or, should we  talk about it without Rick and then respond accordingly?
The bottom line is,  that the non-compete probably should stay as is, even in the case of RAC.
Let's discuss.
Michelle
Subject: Janeth Rodriguez-Philhower

Brian,  Would you or someone in your group please investigate the allegations raised  by Janeth Rodriguez-Philhower?
Based upon her voice mail message, there is a  strong possibility of litigation.
Your investigation into her allegations  thus would be conducted in anticipation of litigation.
Once you have conducted the investigation, please provide me with the results.
Thank you.
Subject: Project E2/Endeavor

Dee,  I left you a voice mail yesterday, but I wasn't sure if you were in.
There is a new deal -- Project E2/Endeavor.
It is in the preliminary stages,
Subject: Mallory

Amy,  Is Patrick Chris Mallory located in Portland or in California?
If  California, then he needs a slightly different agreement because non-competes  are not enforceable in California.
Let me know.
(I hope he is in Oregon!)
Thanks.
Subject: Agreement--Privileged and Confidential

Pat,  I am going to forward you a draft of an amendment to the employment agreement  for Greg Whalley.
I would appreciate your thoughts on the language,  particularly the language in amended section 2.1b regarding the calculation  of value for options/restricted stock.
For some reason, I cannot attach it to this email, so I will have my  assistant send it under separate email cover.
Thanks a lot.
Subject: NLRB Ruling

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.
Employees in  unionized settings always have had this right, but it now has been extended  by the NLRB's ruling.
The ruling was contentious -- there were dissents -- and I expect it to be
Subject: Barbed Wire -- Privileged and Confidential

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.
The Seller is providing a  limited indemnity for Purchaser's actions in selecting those employees.
The  indemnity expressly excludes claims against ENA for the selection of those  employees.
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.
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.
I  can assist  you in identifying legal risks in the selection process and  determining methods to manage the risks of those claims.
Let me know if you would like to discuss this issue.
Michelle Cash x3-6401
Subject: Project Crane (Daishowa)

FYI, here is information relating to the voice mail I forwarded to you late  Friday.
I will be on vacation the dates they want to handle diligence, so  one of you may need to handle it.
Let's see what happens.
.
.
Michelle
Subject: Note from Sally

Here is the note that went out.
I'm giving a speech this morning and will be  out all afternoon, but I will try to catch you in between.
Also, I am in  tomorrow, but then am out all next week on vacation.
While I am out, you can  work with Emma Caplan.
Thanks.
Michelle
Subject: Employment Contract

David,  Hello, I hope all is well with you.
I was out last week on holiday and am  just now getting back into the swing of things.
Alan and I have spoken about your contract, and I am getting in touch with  the CU lawyers to work on an appropriate form for Australia.
I will be keep  you apprised of the status.
Have a good weekend.
Michelle
Subject: Disparate Impact

Privileged and Confidential  Felicia,  Would you please run a disparate impact analysis for the proposed stock  options to be granted within Enron Net Works?
I would like this data for the  purpose of giving legal advice.
Thank you.
Subject: Employment Agreement

Dear Mr. Catanzariti:  My name is Michelle Hoogendam Cash, Assistant General Counsel-Enron North  America Corp.
I was referred to you by David Minns in the Enron Australia  office.
I am attaching a copy of our Employment Agreement Form for your  review in light of Australian law.
Please review this form and provide me  with any comments that you may have.
Thank you for your assistance in this matter.
If you have any questions, please give me a call at (713) 853-6401.
Subject: MG FX terminations

Hoyt,  Under the Older Workers Benefits Protection Act, we must provide demographic  information to persons over the age of 40 who are offered severance packages  in exchange for a release.
We need the title/position and the age of the  persons holding those positions for the persons who were offered a package as  well as the persons who were not offered a package.
We will provide this  data to persons over 40 to validate their releases.
Thanks.
Subject: Willrich; RIFs

Brian,   Pat Mackin requested that I forward this on to you.
I think he has a good  idea here to look at a process for RIF selection.
Currently, it is done on  an ad-hoc basis, with plans being prepared for each situation.
Pat, do you still have a copy of the one you prepared a while back?
It would  be an excellent start.
Thanks.
Subject: Pictures of Cameron

Hello, girls.
If Stacey can do it, so can I!
Here are the latest pictures of Cameron.
These were taken right before the Baptism of my sister's third (can you  believe it??)
child, so he is all dressed up.
I hope all is well with everyone.
Love, Michelle
Subject: Revised Data Protection Policy

Andrea,  Brian and I were talking about the dissemination of this policy.
It seems as  if it should come from your group and go out globally.
What do you think?
Michelle
Subject: Clonch Case

Chuck,  Do we have a rescheduled date for the deposition of the plaintiff?
Given the  correspondence I've been receiving about rescheduling other depositions, we  probably should set forth a date in Nov/Dec and get a protective order from  the court stating that it cannot be rescheduled.
Otherwise, even if we do  "agree" on dates, there likely would be additional delays.
I am ready to  hear what this guy has to say about my client.
Let me know your thoughts.
Thanks.
Michelle
Subject: Data Integrity

Andrea,  I am supposed to follow up and work on our action plan for data integrity.
However, I know that you are going to meet with David/Robert on the whole  concept and that you proposed a work around for the near term after our  sessions.
It appears as if our action plans will depend on the results of  that meeting.
I will be out of the office on Wed-Friday on business.
It looks like our  action plan revisions are due on Friday (but, if necessary, I'll ask for an  extension because of my travel).
In the meantime, you can meet with  David/Robert and begin to look at revamping our prior efforts.
Alternatively, you can reconvene the group and work on revising action plans  without me.
(I am not sure how helpful I am in any event).
What do you  think?
Michelle  PS, do we need to include Don in our group?
Subject: Anonymous Letters

Twanda, would you please schedule a meeting with me, Hector, Sheila W., and  Brian Schaffer re:  follow up to the Bashen information?
I would like to  have this group discuss how to close the loop with Sally's employees and  implement any recommendations for follow-up.
I think the meeting with last approximately 1 1/2 hours.
Thanks.
Michelle
Subject: Comments to P&S Agreement -- Triple Lutz

Anne,  I have reviewed the P&S Agreement for Triple Lutz.
From my perspective, it  generally looks fine.
I have a few comments, and invite Pat Mackin to add  any he may have, in particular based on his review of Section 4.14.
In Section 4.7(c)(iv), there is a reference to any contract obligations.
I  believe this would include employment contracts, which do not appear to be  identified specifically on any schedule unless the annual amount exceeds  $250K.
We may want to clarify that the disclosures are consistent with the  provisions of Section 4.13(iii).
Section 4.8 provides that we will not enter into any employee benefits not  required by law.
However, given that closing is pushed out so far in the  future, we may want the flexibility to provide incentive bonuses for key  personnel to stay with the company through closing.
This may be done with  the Buyer's consent, but we may be tying our hands.
Section 6.2(e) contains  a similar restriction on making payments to officers/directors.
In addition, Section 4.8 states that we won't enter into or amend any  employment contracts.
We do not renew employment contracts at a single time,  and the contracts of key personnel may expire.
Do we want to tie our hands  and be prohibited from amending/extending the agreements?
Section 6.2(l)  also prohibits the modification/amendment of contracts with employees.
In Section 4.10, the wording "(other than Environmental Laws)" suggests that  we are not in compliance with environmental laws.
Rephrasing that sentence  to refer to the provision of the Agreement may be preferable.
In Section 4.11(d), we promise that we haven't provided any gift of any kind  to customers.
I don't think we can say that, given that we regularly host  client development outings (e.g.
Rodeo BBQ tickets, golf tourneys, etc.)
and  provide Enron goodies to people all the time.
Perhaps a limitation on de  minimus gifts would be more accurate.
Also, a reference to our Code of  Ethics may work here.
In Section 4.13(a)(iii), does the $250K threshhold include only cash value,  or does it include equity grants that vest over time?
A reference to "cash"  payments would clarify, given that people here are compensated by stock  options/restricted stock that vest over time.
In Section 4.14(d), I am not sure whether this transaction accelerates  vesting -- Pat, do you know?
Subject: Project Triple Lutz

Pat,  I have reviewed this agreement and provided my comments under a separate  email.
I would appreciate your review of Section 4.14 in particular, given  your familiarity with the compensation plans and benefit plans.
In terms of  timing, your comments probably can go into the next draft, but if you have a  chance to look at 4.14 today, it would be great!
Thanks a lot!
Subject: Privileged/Confidential -- Microsoft Lawsuit

FYI, particularly the part about the performance management system.
Let's  see what kind of data we can get about the Microsoft evaluation system to  find the differences.
Thanks.
Michelle
Subject: October 26 Corporate HR Leadership Team Meeting

Andrea, would it be possible to update our list to show the current progress  on the "30 days" items?
I think you have a better handle on the timelines  than I would.
Thanks.
Michelle
Subject: Project Toucan -- Labor & Employment Issues

Sorry about the earlier email!
The following contains a summary of  high-level employment/labor issues based  upon the review of the documents in the data room here in Houston.
We still  need to have a conference call with the HR team at GP to ascertain the  climate of labor relations and other employment issues.
Woodland  1.
Employment Claims:  In the list of insurance matters, there are several  employment-related claims.
Those include sexual harassment allegations,  disability discrimination, retaliation, and mistreatment.
It is unclear  whether those are ongoing claims or not.
I would question whether the mill  has had harassment prevention training, and if so, when.
Also, are there  other employment claims that are not identified in the documents?
2.
Labor Union matters:  Rick Johnson is going to review the collective  bargaining agreements.
I am waiting on a list of union grievances, which is  supposed to be forwarded to me today.
3.
I saw nothing about employment contracts, change of control agreements,  or other documents that may require a buyer to provide benefits after closing  for either Woodland.
Leaf River   1.
Litigation Summary:  The company provided a summary of litigation.
Three  of the four are personal injury claims -- one is a fall down stairs by a
Subject: Christmas List

Trey,  The following items are on my Christmas list:  1.
Boggle game 2.
Joe Jackson CD:  Night & Day II 3.
Pottery Barn Large Organizer:  Catalogue number 48-2806305 ($69) 4.
Monnogrammed Travel Alarm Clock (Pottery Barn)  Catalogue # 10-2811784  ($30) 5.
Monogrammed Business Card Holder (Pottery Barn) Item # 12-33756186 ($30) 6.
Hermes or Hermes-type scarf 7.
Wood picture frames -- painted black is ok -- for 5x7 prints
Subject: Personal - Dominic Carolan

Attached is the resume of Dominic Carolan, who currently is working at Global  E&P.
He is looking to move elsewhere within Enron, given that the assets in  Global E&P are going to be sold.
I understand that you are looking for a lawyer with oil and gas experience.
He might be a good candidate.
I met him today, and he is pleasant and  professional.
If you are interested in interviewing him, let me know, and I will get it  scheduled.
Thanks.
Michelle
Subject: Lawyer approval

Julia,  On Garden State matters, how do you want to handle the signing of documents?
Currently, I have been receiving documents from outside counsel and  initialling them before signature.
Based upon Hoyt's email below, there may  be a desire to have a more expeditious process.
I would suppose the answer would depend on how heavily our legal department  is going to be involved in GSP work.
Given our discussion last week, I would  not think that there would be a desire to deviate significantly from the  standard Enron process, but it is not my call.
I would appreciate your thoughts.
Michelle
Subject: Project Canary (Celgar)

FYI re:  outside counsel in B.C.
who are handling diligence.
I spoke with  Dean today, and he appeared to be asking all the right questions.
MHC
Subject: ETC - Election of Officers 2001

Dianne,  Thanks for all your work for the Travel Club.
I never make a meeting, but  really enjoy the tickets, etc.
One question I have is whether Enron has any special relationships with  Disney.
Are we a corporate client of Disney?
My old law firm had some sort  of relationship with Disney that let us get great deals, early entry into the  parks, etc., so it may be worth looking into.
Thanks again.
Subject: Confidential re: McConville--Indemnity

David,  As we discussed, Mark Haedicke and I discussed the possibility of providing  Kevin McConville with some sort of indemnity in order to make sure that he  remains available and cooperative during the pendency of the NSM case and  other litigation matters.
We could agree to enter into a Consulting Services Agreement with Kevin.
The  terms of that Agreement would include:  1.
He agrees to be available and cooperative with Enron and its counsel  regarding litigation matters.
He will agree to meet with counsel, prepare  for testimony, review documents, testify, and provide other assistance, as  needed.
2.
Through February 1, 2001, Kevin would not be directly compensated for this  cooperation/testimony (because he is to be receiving his salary pursuant to  the terms of his employment agreement).
After Feb.1, 2001, he will be paid a  rate of $125 per hour for his services in this regard.
3.
Enron would agree to indemnify Kevin for his conduct taken in the ordinary  course and scope of his employment with Enron, up to the last date of his  employment with Enron.
Excluded from this indemnity would be allegations or  claims based upon the following: