Richard - do we have a policy regarding questions concerning pending 
litigation?  How should we handle these?

Mark
---------------------- Forwarded by Mark Taylor/HOU/ECT on 02/24/2000 10:57 
AM ---------------------------


David Forster
02/23/2000 07:08 PM
To: Mark Taylor/HOU/ECT@ECT
cc: Louise Kitchen/LON/ECT@ECT 
Subject: FAQ's regarding Agency.

Mark,

I would appreciate your comments on the following FAQ's, intended to be a 
guide for Louise/myself/PR in the event we take a media call regarding the 
injunction/lawsuit. Also, if you have any ideas to expand the list, please 
let me know.


Any calls received from the media will be answered by Louise, or in Louise' 
absence, by myself, with PR in the room (Louise will be back in the office on 
Monday and I suspect it is very unlikely that we would receive any calls 
before then).

Q1 Did Agency.com develop EnronOnline?
A Agency.com was hired to provide development support for some elements of 
EnronOnline. Other elements were designed and built by Enron staff.

Q2 Which elements did Agency.com develop?
A We are not currently releasing details regarding the specific elements 
which Agency was involved in developing.

Q3 What parts of the system did Enron develop?
A We are not currently releasing details regarding the specific elements 
which Enron developed.

Q4 Why have you filed an injunction against Agency?
A We believe that Agency has been releasing confidential information without 
authorisation from Enron.

Q5 What is the amount of your lawsuit?
A We are not releasing that information at this time.

Q6 Do you believe that the release of this information by Agency has damaged 
the competitive lead of EnronOnline?
A We believe that Agency has released information in contravention of the 
terms of their contract with us. Whether or not this release of information 
is damaging to EnronOnline is a matter which has yet to be determined.

Q7 Does this experience make you want to avoid working with outside agencies?
A We believe that outside agencies are a valuable source of expertise which 
can complement the Enron's strong IT skillset. We don't believe that the 
actions of one company in any way tarnishes the ability of other, very 
capable IT consultancy companies.

Q8 Are you happy with the product which Agency.com provided?
A We are very pleased with the final product represented by EnronOnline, but 
are not in a position to comment on the strength of any of the individual 
contributors.

Q9 Prior to this lawsuit, would you have recommended Agency.com to other 
companies looking to build something like EnronOnline?
A No. We would not have recommended for or against the use of Agency.com.

Q10 You must be quite angry that a consultant has splashed your information 
into a public forum.
A We are disappointed that the confidentiality between ourselves and our 
contractor does not seem to have been upheld.

Q11 What do you hope to gain from this lawsuit/injunction?
A We hope to prevent the further release of confidential information.

Q12  If all you want to do is prevent the release of information, why are you 
also filing a lawsuit?
A The lawsuit is required at this time to enable the injunction. If it is 
found that damages have been caused as a result of the information which has 
already been released, then compensation may also be appropriate.