by Coll, Steve;
291
This caucus session is from testimony of Bart Winokur in Pennzoil v. Texaco, September 19, 1985.
291–293
Conversations: from the Copley Notes.
293
What Siegel thought: from videotaped deposition testimony of Marty Siegel in Pennzoil v. Texaco.
293–298
Discussion: from the Copley Notes.
299
The “chocolate cake” incident: from author’s interviews with Geoff Boisi and a confidential source.
300–301
Negotiations over the $10 debenture from testimony of Arthur Liman in Pennzoil v. Texaco, August 7, 1985; testimony of Geoff Boisi in Pennzoil v. Texaco, October 9, 1985.
301–306
Discussion: from the Copley Notes.
306–307
The directors’ reaction to the reading of the “Dear Hugh” letter is not recorded in the Copley Notes. That there was a hailstorm of profanity and Teets’ off-color remarks are from the author’s interviews with three confidential sources. Tisch’s remark about “very bad form” is from testimony of Bart Winokur in Pennzoil v. Texaco, September 27, 1985. Larkin’s comment that the “old man is rolling over in his grave”: from author’s interview with Harold Stuart.
Chapter Nineteen
308–310
Discussion: from the Copley Notes.
310
Note slipped under Glanville’s door: from testimony of Bart Winokur in Pennzoil v. Texaco, September 19, 1985; testimony of Geoff Boisi, October 9, 1985; Boisi note produced in Pennzoil v. Texaco.
311–314
Boisi’s phone conversations: from testimony of Geoff Boisi in Pennzoil v. Texaco, October 9, 1985; deposition testimony of Geoff Boisi in Pennzoil v. Texaco, taken July 12, 1984 and presented August 2, 1985; deposition testimony of Al DeCrane in Pennzoil v. Texaco, presented August 13, 1985.
314–316
Liman’s negotiations with Lipton and Liedtke: from testimony of Arthur Liman in Pennzoil v. Texaco, August 7, 1985; testimony of Martin Lipton, October 17, 1985; Copley Notes.
316
Board meeting reconvenes briefly: from Copley Notes.
317
Negotiations between Liman, Lipton, and Boisi: from testimony of Martin Lipton in Pennzoil v. Texaco, October 17, 1985; testimony of Arthur Liman, August 7, 1985.
317–318
Discussions in caucus: from testimony of Bart Winokur in Pennzoil v. Texaco, September 19, 1985.
318–320
Board discussion: from the Copley Notes.
320–321
Liman’s conversation with Liedtke: from testimony of Arthur Liman in Pennzoil v. Texaco, August 7, 1985.
322
Liedtke’s mood and conversation with Ann Getty: from testimony of Hugh Liedtke in Pennzoil v. Texaco, August 27, 1985.
Chapter Twenty
324
Why only Patricia Vlahakis was available to work on press release: from author’s interview with Martin Lipton.
324–325
Scene of confusion at Paul, Weiss offices: from deposition testimony of Patricia Vlahakis in Pennzoil v. Texaco, presented September 24, 1985; testimony of Bart Winokur, September 20, 1985; author’s interview with three confidential sources.
325
“You’re stuck with Gordon Getty” conversation: from deposition testimony of Richard Howe in Pennzoil v. Texaco, presented November 5, 1985; author’s interview with a confidential source.
326
Vlahakis was feeling frightened: from author’s interview with Patricia Vlahakis.
326
“If you don’t get off the phone” conversation: from testimony of Patricia Vlahakis presented September 24, 1985.
326–327
Handwritten draft of press release, and subsequent conversation between Vlahakis and Winokur: from testimony of Patricia Vlahakis presented September 24, 1985, and testimony of Bart Winokur September 20, 1985, op. cit.
327–328
Goodrum comment, and Vlahakis conversation with Lipton: from Vlahakis’ testimony, September 24, 1985, op. cit.
328–329
Press release produced for Pennzoil v. Texaco and issued by Getty Oil on January 4, 1984.
330
What Boisi believed about an “agreement in principle”: from testimony of Geoff Boisi in Pennzoil v. Texaco, October 10, 1985.
331–332
Boisi’s call to DeCrane: from deposition testimony of Geoff Boisi in Pennzoil v. Texaco, presented August 2, 1985; Boisi’s testimony, October 9, 1985; DeCrane’s testimony in Pennzoil v. Texaco, November 8, 1985.
332
“The fat lady has not yet sung”: from Petersen’s deposition testimony in Pennzoil v. Texaco, taken January 17, 1984.
332–333
Delay in document-drafting: from testimony of Patricia Vlahakis presented September 24, 1985 and testimony of Bart Winokur, September 20, 1985, op. cit.
333–334
Liedtke conversation with Gordon: from testimony of Hugh Liedtke in Pennzoil v. Texaco, August 28, 1985.
Chapter Twenty-one
336–338
Texaco history and profile: from Los Angeles Times, January 19, 1986; Wall Street Journal, January 11, 1984, November 27, 1985; Fortune, March 17, 1986; author’s interviews with John McKinley, Al DeCrane, Jim Kinnear, William Weitzel, and former Texaco executives.
340
DeCrane called McKinley from testimony of Alfred DeCrane in Pennzoil v. Texaco, November 8, 1985.
341
Texaco’s dealings with Conoco from testimony of John McKinley in Pennzoil v. Texaco, September 17, 1985.
341–342
Conversation between DeCrane and McKinley from testimony of John McKinley, September 10, 1985; deposition testimony of Al DeCrane in Pennzoil v. Texaco, presented August 13, 1985; DeCrane testimony, November 8 and 10, 1985.
Chapter Twenty-two
344–345
Contacts between Texaco and Morgan Stanley from testimony of John McKinley, September 10, 1985, op. cit.; testimony of Al DeCrane November 8 and 10, 1985, op. cit.
345–346
Profile of Wasserstein and First Boston from Esquire, May 1984; deposition testimony of Bruce Wasserstein in Pennzoil v. Texaco, presented October 30, 1985.
347–348
Conversation between Wasserstein and Tisch, and early work of Wasserstein and Perella: from Wasserstein deposition testimony in Pennzoil v. Texaco, presented October 30, 1985.
348
Description of Perella: from Esquire, May 1984.
348
DeCrane said that he felt no tension between Texaco and First Boston: from author’s interview with Al DeCrane.
348–352
Meeting between Texaco executives and First Boston bankers: from deposition testimony of Texaco associate comptroller Patrick Lynch in Pennzoil v. Texaco, presented August 12, 1985; testimony of Al DeCrane, November 11, 1985; DeCrane’s handwritten notes of the meeting produced in Pennzoil v. Texaco.
352
Wasserstein rewrote Monopoly rules: from Esquire, May 1984.
353
Meetings at Texaco headquarters on the morning of January 5: from DeCrane testimony, November 11, 1985, op. cit.; Wasserstein deposition testimony, presented October 30, 1985, op. cit.; DeCrane deposition testimony, presented August 14, 1985, op. cit.; DeCrane’s handwritten notes, op. cit.
354
Morgan’s willingness to represent Texaco a significant factor in McKinley’s mind: from author’s interview with John McKinley.
354–355
McKinley’s call to Lipton: from Wasserstein deposition testimony, presented October 30, 1985, op. cit.; testimony of John McKinley in Pennzoil v. Texaco, September 11, 1985; author’s interview with John McKinley.
355–356
Texaco board meeting of January 5: from McKinley testimony, September 11, 1985, op. cit.; DeCrane testimony, November 11, 1985, op. cit.
355–356
Wasserstein’s attitude, and McKinley’s calls: from deposition testimony of Bruce Wasserstein, presented October 30, 1985, op. cit.; testimony of John McKinley, September 11, 1985, op. cit.
Chapter Twenty-three
357–358
No prospect that an agreement would be signed Thursday, and Winokur’s reasons why he wasn’t ready: from testimony of Bart Winokur in Pennzoil v. Texaco, September 26, 1985.
359
Vlahakis’ conversation with Lipton, and decision not to go to Paul, Weiss: from deposition testimony of Patricia Vlahakis in Pennzoil v. Texaco, presented September 25, 1985.
359–361
Meeting between Lipton, Weitzel, and Kinnear: from testimony of William Weitzel in Pennzoil v. Texaco, November 6, 1985; also from Lipton’s testimony, October 17, 1985, and Kinnear’s testimony, November 5, 1985.
361
Wasserstein told Lipton that Texaco would offer at least $120: from Lipton’s testimony, October 17, 1985, op. cit.
361–364
First session of McKinley’s meeting with Gordon Getty at the Pierre: from testimony of Jim Kinnear in Pennzoil v. Texaco, November 5, 1985; testimony of William Weitzel, November 6, 1985, op. cit.; deposition testimony of Martin Siegel, presented August 20, 1985; deposition testimony of Gordon Getty in Pennzoil v. Texaco, presented August 23, 1985; testimony of John McKinley, September 12 and 13, 1985.
364
Siegel’s call to Lipton: from testimony of Martin Lipton, October 17, 1985, op. cit.
364
“I personally read Mr. Getty as being a sort of genteel person” conversation between Weitzel and McKinley: from testimony of William Weitzel, November 6, 1985, op. cit.
365
“We met with Gordon, but it’s not clear to us” conversation: from testimony of Martin Lipton, October 17, 1985, op. cit.
365
How Tisch regarded Gordon Getty: from testimony of Laurence Tisch in Pennzoil v. Texaco, November 4, 1985.
366
“Have you all got a price that you’re willing to give Mr. Getty?” conversation: from testimony of William Weitzel, November 6, 1985, op. cit. Corroborated by Lipton testimony, October 17, 1985, and Tisch testimony, November 4, 1985, op. cit.
366
“I accept!” declaration by Gordon, and following dialogue: from testimony of William Weitzel, November 6, 1985, op. cit. Corroborated in substance by Lipton, Tisch, and McKinley testimony, op. cit.
368–369
What Gordon thought about Texaco’s offer, quote beginning “I wasn’t in every room at every time”: from author’s interview with Gordon Getty.
Chapter Twenty-four
370
Indemnity negotiations between Texaco and Lipton: from testimony of William Weitzel in Pennzoil v. Texaco, November 6, 1985, and testimony of Martin Lipton in Pennzoil v. Texaco, October 17, 1985.
371
“Martin, the announcement on the tape has just been read to me” conversation between Liman and Siegel: from testimony of Arthur Liman in Pennzoil v. Texaco, August 7, 1985.
372
Mood in Waldorf suite, and Liedtke’s thinking: from testimony of Hugh Liedtke in Pennzoil v. Texaco, August 27, 1985. Text of telegram produced in Pennzoil v. Texaco.
373
Telephone board-meeting discussion: from Getty Oil secretary Robert E. Haffe’s notes of the meeting.
373
Everyone McKinley talked to told him there was no deal with Pennzoil: the trial and deposition testimony in Pennzoil v. Texaco makes this clear; McKinley said the same in an interview with the author.
373–374
Decision to file suit in Delaware: from deposition testimony of Sidney Petersen in Pennzoil v. Texaco, presented July 30, 1985.
374
McKinley talked to Petersen about employees: from testimony of John McKinley in Pennzoil v. Texaco, September 17, 1985. Gordon negotiated with his family: from deposition testimony of Tim Cohler in Pennzoil v. Texaco, presented August 1, 1985.
375
Bankers’ fees, and “You can consider the fees in this deal as tips” quote: from Wall Street Journal, January 17, 1984.
375
Liedtke stayed in New York: from Liedtke’s testimony of September 9, 1985, op. cit.
375–376
Glanville calls Liedtke, and meets with McKinley in Connecticut: from deposition testimony of James Glanville in Pennzoil v. Texaco, taken August 2, 1984; deposition testimony of John McKinley in Pennzoil v. Texaco, taken July 10, 1984. Recalling the meeting at his home with Glanville, McKinley testified: “He said that we are all big boys. He said that Pennzoil does not have the wherewithal to buy all of Getty. He was basically complimentary of Texaco’s activity.” McKinley also recalled that Glanville told him that he was personally disappointed because Lazard Frères had had difficulty concluding several mergers they had attempted.
376–377
Settlement meeting in Washington, D.C.: from McKinley’s deposition testimony, ibid.; also from deposition testimony of Perry Barber in Pennzoil v. Texaco, taken October 12, 13, and 14, 1984, and author’s interview with Baine Kerr.
Chapter Twenty-five
383
Liedtke hired a prominent lobbyist: from author’s interview with Stephen Ross, former staff attorney with the House antitrust subcommittee.
384
Conversation between Liedtke and Jeffers: from author’s interview with John Jeffers.
385–386
Pennzoil’s early legal strategy: from author’s interviews with John Jeffers and Irv Terrell.
387
Skadden, Arps attorneys explained later: from Wall Street Journal, December 20, 1985.
390–395
Jamail’s autobiography, beginning with “My father had a confectionary store”: from author’s interview with Joe Jamail.
395–396
Liedtke’s relationship with Jamail: from author’s interviews with Joe Jamail and Baine Kerr.
396
“You still fumin’ about that?” conversation between Jamail and Liedtke in Arkansas: from author’s interview with Joe Jamail.
Chapter Twenty-six
397
Top Getty Oil executives known as the “divine nine”: from author’s interviews with two former Getty Oil executives.
398
Jurisdictional maneuver focused Texaco executives’ attention on lawsuit: from author’s interviews with John McKinley, Al DeCrane, Jim Kinnear, and William Weitzel.
399
Biographical details about Jeffers and Terrell, and early relationship with Jamail: from author’s interviews with John Jeffers and Irv Terrell.
400
Texaco’s search for Houston counsel: from author’s interview with William Weitzel.
400–403
Miller’s biography, and relationship with Baker & Botts: from author’s interviews with Dick Miller, Baine Kerr, John Jeffers, and Irv Terrell. “The most important thing is to be able to count on yourself”; “What you finally learn”; and “It was a combination of factors” quotes: from author’s interview with Dick Miller.
403–404
Miller reluctant to take on case, and conversations with Barber and his partners: from author’s interview with Dick Miller.
404–405
How Terrell and Jeffers regarded Miller: from author’s interviews with John Jeffers and Irv Terrell.
405–406
Colloquy: from deposition transcript of Al DeCrane in Pennzoil v. Texaco, taken April 26, 1984.
407
Keeton called Jamail “chickenshit,” and McKinley had to smile: from videotaped deposition of John McKinley in Pennzoil v. Texaco.
407–408
Pretrial settlement discussions: from author’s interview with Baine Kerr and three confidential sources.
408
What Miller and other attorneys told McKinley, and why he was prepared to go to trial: from author’s i
nterview with John McKinley.
409–410
What Miller thought about Jamail: from author’s interview with Dick Miller. That Farris described Jamail’s contribution as a “princely sum”: from Fortune, January 21, 1985.
410
Jamail told Liedtke he was going to “win this damn thing”: from author’s interview with Joe Jamail.
411
Drinking session the night before opening arguments: from author’s interview with Joe Jamail. “Now that’s how you get ready for an opening argument” and “The way to win is to keep it simple” quotes: also from author’s interview with Joe Jamail.
Chapter Twenty-seven
412
What the jurors remembered later: from author’s interviews with Jim Shannon, Richard Lawler, and Theresa Ladig.
413
“There are going to be a lot of issues that you are going to hear” and following quotes: from Pennzoil v. Texaco trial transcript, July 9, 1985.
414
What the Pennzoil lawyers were looking for: from author’s interviews with Joe Jamail, Irv Terrell, and John Jeffers.
414–415
Colloquy with juror: from Pennzoil v. Texaco trial transcript, July 11, 1985.
416–417
Terrell’s mannerisms at trial, and jurors views of Jeffers: from author’s interviews with Jim Shannon, Richard Lawler, and Theresa Ladig.
418
Texaco “bought this lawsuit”: from Pennzoil v. Texaco trial transcript, November 15, 1985.
419–420
Jamail’s examination of Liedtke: this and similar exchanges can be found on pp. 10219–10247 of the Pennzoil v. Texaco trial transcript.
420
Miller felt that he knew Liedtke: from author’s interview with Dick Miller.
421
That Jeffers and Terrell sensed Miller’s obsession, and what they came to believe about Miller’s attitude toward Liedtke: from author’s interviews with John Jeffers and Irv Terrell.
