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Received: by 10.78.191.4 with HTTP; Wed, 26 Mar 2008 16:00:38 -0700 (PDT) Message-ID: <8dd172e0803261600ic41a512k14271bcdea9d038e@mail.gmail.com> Date: Wed, 26 Mar 2008 19:00:38 -0400 From: "John Podesta" <john.podesta@gmail.com> To: amy@fundforamerica.net, "Anna Burger" <Anna.Burger@seiu.org>, "John Stocks" <jstocks@nea.org>, "Rob McKay" <rmckay@mckayfund.org> Subject: Re: Attoney Client Communication: Follow up to Board Decision to Donate $1,500,000 to CDA In-Reply-To: <594680735-1206538452-cardhu_decombobulator_blackberry.rim.net-1167919024-@bxe016.bisx.prod.on.blackberry> MIME-Version: 1.0 Content-Type: text/plain; charset=ISO-8859-1 Content-Transfer-Encoding: 7bit Content-Disposition: inline References: <B59CDCDF8B32F54E8E671C96A907FA6701C27D10@WDCSMAIL01.perkinscoie.root.loc> <d8506cac0803250551p612c0fbbp21aa71fa888aa511@mail.gmail.com> <559B1E0E325F6C4981A5D17758E6741778B85C@EMAIL.SEIU.ORG> <594680735-1206538452-cardhu_decombobulator_blackberry.rim.net-1167919024-@bxe016.bisx.prod.on.blackberry> Delivered-To: john.podesta@gmail.com Let's try to do early next week. On 3/26/08, amy@fundforamerica.net <amy@fundforamerica.net> wrote: > We are trying to schedule a follow up call within the next week or 2-- > especially to discuss Hispanic programs this year (I will let you all know > when that is scheduled) > > In addition the next board meeting is scheduled for April 16th > Sent via BlackBerry by AT&T > > -----Original Message----- > From: "Anna Burger" <Anna.Burger@seiu.org> > > Date: Tue, 25 Mar 2008 22:33:03 > To:"Amy Dacey" <amy@fundforamerica.net>,"John Podesta" > <john.podesta@gmail.com>,"JStocks@nea.org" <jstocks@nea.org>,"Robert McKay" > <rmckay@mckayfund.org> > Subject: RE: Attoney Client Communication: Follow up to Board Decision to > Donate $1,500,000 to CDA > > > I'm sorry that I missed the last board meeting but is it possible to do a > conference call in the near future? > > > Anna Burger > 202-730-7303 > > > ---------------- > From: Amy Dacey [mailto:amy@fundforamerica.net] > Sent: Tue 3/25/2008 8:51 AM > To: John Podesta; JStocks@nea.org; Robert McKay; Anna Burger > Subject: Attoney Client Communication: Follow up to Board Decision to Donate > $1,500,000 to CDA > > > > I wanted to share this communication from marc in regards to CDA- We are > working together with Susan and David Brock to expedite but I do think that > Marc's points below should be considered. > Please let me know immediately if you have any concerns or questions. > I will alerty everyone once the grant money is moved. > Thank you > > > > ---------- Forwarded message ---------- > From: Elias, Marc (Perkins Coie) <MElias@perkinscoie.com > <mailto:MElias@perkinscoie.com> > > Date: Mon, Mar 24, 2008 at 6:28 PM > Subject: Attoney Client Communication: Follow up to Board Decision to Donate > $1,500,000 to CDA > To: amy@fundforamerica.net <mailto:amy@fundforamerica.net> > > > > > Amy- > > As you know, late last week CDA underwent a significant restructuring. As a > result of a change in Board control, it hired new outside counsel. On > Thursday I contacted CDA's new attorney to set up a meeting to discuss the > relationship between FFA and CDA. Given the uncertainty surrounding CDA's > activities and the complex legal issues facing both organizations, it was my > hope to have counsel for both organizations sit down to discuss the legal > relationship in an effort to avoid problems at either end. > > Initially I was told that while Ki Hong (the new lawyer) was out this week, > I could meet with his partner Larry Noble Monday morning. That meeting was > canceled by Larry over the weekend and postponed until Ki's return next > week. I emailed Matt Butler (who is working for CDA under David Brock) to > confirm that this timetable worked for CDA and that they had no immediate > need for the money. He indicated that this schedule was acceptable. Late > today Susan McCue indicated that while a short delay was possible, CDA > actually does need the money as soon as possible. > > If a delay in funding will cause irreparable harm to CDA then we can > revisit. However, I have a few basic questions that I would like to have > answered before donating: > > 1. Are they an MCFL and do they plan to act as one? > > 2. Are FFA funds being segregated into an account only for ads? For > certain types of ads? Or are they going int a general account for CDA? > > 3. Do they anticipate further donor disclosure of FFA in connection with > their activities? > > When I spoke to their new attorney last Thursday he did not know the answers > to any of these questions. While FFA shoud not and cannot micromanage CDA, > having answers to these questions is essential to protect FFA's own legal > position. > > Given the legal sensitivities, I would advise that this conversation take > place only counsel to counsel. Will you may share this email (or its > substance) with the FFA Board, to protect the attorney client privilege, > please do not forward this email outside of FFA. > > Let me know how you woud like to proceed. If we donate the funds now we can > discuss language to protect FFA. > > Marc > > > > Marc E. Elias > Perkins Coie LLP > 607 14th St, NW > Washington, DC 20005 > 202-434-1609 (ph) > 202-654-9126 (fax) > melias@perkinscoie.com <mailto:melias@perkinscoie.com> > > > NOTICE: This communication may contain privileged or other confidential > information. If you have received it in error, please advise the sender by > reply email and immediately delete the message and any attachments without > copying or disclosing the contents. Thank you. > > IMPORTANT TAX INFORMATION: This communication is not intended or written by > Perkins Coie LLP to be used, and cannot be used by the taxpayer, for the > purpose of avoiding penalties that may be imposed on the taxpayer under the > Internal Revenue Code of 1986, as amended. > > > > > > > -- > Amy K. Dacey > Executive Director > Fund for America > 202-730-7727 -- Sent from Gmail for mobile | mobile.google.com