morning.
Fred: “Morning Governor. We’re getting this tobacco case ready. After
talking toW.D., we both feel that if I’m on the team, the law will be in
jeopardy. You’re already taking enough heat from Shebel and French
on this.”
Governor: “Who’s going to coordinate the case?”
Fred: “You’ve got Tim trained and ready, Harold tracks the case’s every
move, and Dexter can corral the attorneys. Long-term Governor, with
Shebel breathing down your neck, if I’m on the team, people will
believe that this is a political payoff for drafting the tobacco law. I’ve
got to back out of direct participation.”
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Governor: “I understand Fred, so long as we’ve got a team in place to
keep the case on track you can be in the background. Let them know
at the meeting.”
Surrounding the executive tables in the Governor’s Large Conference
Room various Governor’s staff and cause lawyers find their seats. Harold
begins the meeting:
The Governor has given a green light to file. Tim has refined the
complaints he’s drafted over the past several months with the review of
Tribe, Levin and the AG, and has a copy of the Motley draft complaint.
Each of you should have a memo describing their merits. Tim and I
have been working closely with Ron Sachs in refining the pitch ever
since the law passed and we’ve got it down. However, we are way
behind the eight ball politically, and Shebel’s ‘chicken little, the sky’s
falling’ pitch has got the legislators spooked.
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Judy Plunkett Evans, The lawyer behind Florida’s fight against the tobacco companies, Fred
Levin wrote the law that gave the state grounds to sue and drafted the 13 firms taking the case to
court, The Daily Business Review, April 7, 1995, A12, A16.
Chief of Staff TomHerndon elaborates: “We will face serious opposition
starting in early March. Guy Spearman, John French, Shebel and fifty
other well-paid lobbyists have been working to repeal this law for nine
months without any serious opposition.We’ve got our lobbying and public
relations work cut out for us. Beth Labasky will coordinate the support of
the American Lung Association, and the Tri-Agency Coalition’s support.
They’ll be out front.”
“Tim, make sure we got the public relations paragraphs in the Complaint.
Allen, make sure we have public relations paragraphs are also is
in the fee contract.” “We’re on it.” I confirm. General Counsel Jay Peterson
asks, “Fred, how are we on finalizing the trial team members?” Fred
responds, “We have our first formal invitational meeting February 6 in Fort
Lauderdale, and should be able to lock-in those that want to be on the
contract some time after that. I met with W.D., and conferred with the
Governor, and we have determined that I will not be on the team. I’ll be
too much of a political liability.”
The Governor’s Communications Director Ron Sachs joins in: “Minnesota
filed their Complaint several months ago and Tim got us a copy
of their press packet. Tim’s been working closely with us all along for the
facts, law and pitch. We’ll be working from Minnesota’s format for our
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Convention