Subject: RE: Btw you and me
From: "Hilary Rosen" <[email-masked]>
To: <[email-masked]>
Date: Sat, 11 Sep 2010 17:09:20 -0400

Do you think that our proposed ad is not accurate?

Hilary Rosen | SKDKnickerbocker
202.464.6900 (O) | 202.320.2711 (C) | [email-masked]
1818 N Street NW, Suite 450, Washington DC 20036

From: [email-masked] [mailto:[email-masked]]
Sent: Saturday, September 11, 2010 5:05 PM
To: Hilary Rosen
Subject: Btw you and me

I don't think these guys really understand the magnitude of the FTA decision.  I haven't read all the contracts but the $50-100M penalty they think they will be owed by Houston doesn't seem nearly as great a certainty as they believe it to be.  No matter what the contract says that money will be tied up in litigation for a long time.  The second issue I think they are not fully appreciating is how this impacts their Amtrak relationship.  They just won a $250M bid to construct the new superliners.  All of the $ Amtrak has committed to the project comes RIFF loans out of FRA/ DOT, but none of the money has actually been paid out yet.  I am certain FTA/ DOT could easily find a reason to disqualify  CAF even at this point.  They have no real political allies and plenty of enemies.  They say they are a US company but no one in leadership is from the US. Etc...

The reason I'm raising it with you is because I am concerned we may not be getting the full story from our clients. I have heard very little from their lawyers that sounds anything like the certainty Virginia and Tomar are expressing with regards to the validity of their position.  Anyway, something to think about...

R. Hunter Biden
202-333-1880