Subj: Is NCLC working on this issue?
Date: 8/10/2008 1:06:45 P.M. Central Daylight Time
From: RDShatt
To: RConrad@USChamber.com
Dear Ms. Conrad,
I recently tried to agitate the Xerox Board of Directors about their settlement of a securities class action lawsuit against Xerox. You may find out more about what I did here: Xerox
I find this type of securities class action lawsuit especially outrageous, and I wrote this Letter to Judge Thompson about about the Xerox case.
The materials on the Institute for Legal Reform website particularly mentioned Professor Coffee at Columbia regarding this kind of lawsuit, and I wrote Professor Coffee an email in which I asked the following questions: "Do you think there is any basis (e.g., due process, arbitrary loss shifting with no rational justification, other legal basis?) on which a judge could dismiss the lawsuit against Xerox? If there might such a basis, do you feel it has been adequately presented to a judge in a comparable lawsuit of which you are aware? Do you have any views about the propriety of Xerox directors approving Xerox entering into the proposed settlement agreement that gives net favorable treatment to some Xerox shareholders and bondholders and net unfavorable treatment to other Xerox shareholders and bondholders in an arguably arbitrary fashion? Is there a conflict for the plaintiffs' lawyers to represent both shareholders (and bondholders) who will have a net gain and also shareholders (and bondholders) who will have a net loss from the settlement? Do you believe there is a basis for Xerox requesting the court to include other Xerox shareholders and bondholders who are not in the plaintiff class who are also real parties in interest and who should be entitled to joined as parties in the lawsuit and be afforded legal representation?"
I got no reply from Professor Coffee and no reply from other law professors and lawyers on the ABA class action committee that I tried to ask similar questions of.
Is the NCLC working on this issue? Is it an issue the NCLC would like to work on?
Thank you for your attention to this email. I hope I hear from you in response.
Sincerely,
Robert Shattuck
Tuesday, August 12, 2008
Asking US Chamber whom I might target
MY FIRST EMAIL:
Subj: I want to complain to our lawmakers
Date:8/7/2008 8:29:05 A.M. Central Daylight Time
From: RDShatt
To: JEskelsen@USChamber.com
Dear Mr. Eskelsen,
I wish, as a private citizen, to complain to our lawmakers about what is going on in cases like the Xerox class action lawsuit I previously wrote to you about.
Would the Institute for Legal Reform be in a position to give me names of Senators and Representatives, and/ or staffers, whom the Institute thinks would be appropriate people on Capitol Hill to whom I should direct my complaints? Should I direct such a request for contact names to someone in the Chamber itself if there is a separation between the Institute's activities and Chamber lobbying activities?
Thank you.
Sincerely,
Robert Shattuck
MY SECOND EMAIL:
Subj: Fwd: I want to complain to our lawmakers
Date: 8/9/2008 6:10:53 A.M. Central Daylight Time
From: RDShatt
To: LRickard@USChamber.com
Dear Ms. Rickard,
I have no reason to think that Mr. Eskelsen will not reply to me on behalf of the Institute, but I thought I would send my email to you directly as well.
I will add that, while I am a lowly citizen of little or no regard in the eyes of our lawmakers, I have the advantage possibly of not carrying the baggage of bias that the Chamber or the Institute may have.
I hope the Institute or the Chamber will be able to provide me with contact names and email addresses.
Thank you.
Sincerely,
Robert Shattuck
Forwarded Message:
Subj: I want to complain to our lawmakers
Date: 8/7/2008 8:29:05 A.M. Central Daylight Time
From: RDShatt
To: JEskelsen@USChamber.com
Dear Mr. Eskelsen,
I wish, as a private citizen, to complain to our lawmakers about what is going on in cases like the Xerox class action lawsuit I previously wrote to you about.
Would the Institute for Legal Reform be in a position to give me names of Senators and Representatives, and/ or staffers, whom the Institute thinks would be appropriate people on Capitol Hill to whom I should direct my complaints? Should I direct such a request for contact names to someone in the Chamber itself if there is a separation between the Institute's activities and Chamber lobbying activities?
Thank you.
Sincerely,
Robert Shattuck
MY THIRD EMAIL:
Subj: I want to complain to our lawmakers about class action lawsuits
Date: 8/9/2008 6:21:35 A.M. Central Daylight Time
From: RDShatt
To: RLundberg@USChamber.com
Dear Mr. Lundberg,
I have been communicating with the Institute For Legal Reform about class action lawsuits. As the below email indicates I wish to complain to our lawmakers, and I solicited from the Institute names of appropriate lawmakers and/or staffers. Because of a possible separation of Institute activities from Chamber lobbying activities, it occurred to me that my request for contact information should be directed to the Chamber itself. Hence I am sending you this email.
I hope the Chamber can provide me with the information I request.
Thank you.
Sincerely,
Robert Shattuck
Forwarded Message:
Subj: Fwd: I want to complain to our lawmakers
Date: 8/9/2008 6:10:53 A.M. Central Daylight Time
From: RDShatt
To: LRickard@USChamber.com
Dear Ms. Rickard,
I have no reason to think that Mr. Eskelsen will not reply to me on behalf of the Institute, but I thought I would send my email to you directly as well.
I will add that, while I am a lowly citizen of little or no regard in the eyes of our lawmakers, I have the advantage possibly of not carrying the baggage of bias that the Chamber or the Institute may have.
I hope the Institute or the Chamber will be able to provide me with contact names and email addresses.
Thank you.
Sincerely,
Robert Shattuck
Forwarded Message:
Subj: I want to complain to our lawmakers
Date: 8/7/2008 8:29:05 A.M. Central Daylight Time
From: RDShat
To: JEskelsen@USChamber.com
Dear Mr. Eskelsen,
I wish, as a private citizen, to complain to our lawmakers about what is going on in cases like the Xerox class action lawsuit I previously wrote to you about.
Would the Institute for Legal Reform be in a position to give me names of Senators and Representatives, and/ or staffers, whom the Institute thinks would be appropriate people on Capitol Hill to whom I should direct my complaints? Should I direct such a request for contact names to someone in the Chamber itself if there is a separation between the Institute's activities and Chamber lobbying activities?
Thank you.
Sincerely,
Robert Shattuck
REPLY OF MS. RICKARD:
Subj: Re: Fwd: I want to complain to our lawmakers
Date: 8/11/2008 6:38:40 P.M. Central Daylight Time
From: LRickard@USChamber.com
To: RDShatt@aol.com
Mr Eskelson is no longer with ILR. I am sorry, but this is not the type of work we do. The names and addresses of Members of Congress are readily available on their website.
----- Original Message -----
From: RDShatt@aol.com RDShatt@aol.com
To: Rickard, Lisa
Sent: Sat Aug 09 07:10:53 2008
Subject: Fwd: I want to complain to our lawmakers
Dear Ms. Rickard,
I have no reason to think that Mr. Eskelsen will not reply to me on behalf of the Institute, but I thought I would send my email to you directly as well.I will add that, while I am a lowly citizen of little or no regard in the eyes of our lawmakers, I have the advantage possibly of not carrying the baggage of bias that the Chamber or the Institute may have.I hope the Institute or the Chamber will be able to provide me with contact names and email addresses.Thank you.
Sincerely,
Robert Shattuck
Subj: I want to complain to our lawmakers
Date:8/7/2008 8:29:05 A.M. Central Daylight Time
From: RDShatt
To: JEskelsen@USChamber.com
Dear Mr. Eskelsen,
I wish, as a private citizen, to complain to our lawmakers about what is going on in cases like the Xerox class action lawsuit I previously wrote to you about.
Would the Institute for Legal Reform be in a position to give me names of Senators and Representatives, and/ or staffers, whom the Institute thinks would be appropriate people on Capitol Hill to whom I should direct my complaints? Should I direct such a request for contact names to someone in the Chamber itself if there is a separation between the Institute's activities and Chamber lobbying activities?
Thank you.
Sincerely,
Robert Shattuck
MY SECOND EMAIL:
Subj: Fwd: I want to complain to our lawmakers
Date: 8/9/2008 6:10:53 A.M. Central Daylight Time
From: RDShatt
To: LRickard@USChamber.com
Dear Ms. Rickard,
I have no reason to think that Mr. Eskelsen will not reply to me on behalf of the Institute, but I thought I would send my email to you directly as well.
I will add that, while I am a lowly citizen of little or no regard in the eyes of our lawmakers, I have the advantage possibly of not carrying the baggage of bias that the Chamber or the Institute may have.
I hope the Institute or the Chamber will be able to provide me with contact names and email addresses.
Thank you.
Sincerely,
Robert Shattuck
Forwarded Message:
Subj: I want to complain to our lawmakers
Date: 8/7/2008 8:29:05 A.M. Central Daylight Time
From: RDShatt
To: JEskelsen@USChamber.com
Dear Mr. Eskelsen,
I wish, as a private citizen, to complain to our lawmakers about what is going on in cases like the Xerox class action lawsuit I previously wrote to you about.
Would the Institute for Legal Reform be in a position to give me names of Senators and Representatives, and/ or staffers, whom the Institute thinks would be appropriate people on Capitol Hill to whom I should direct my complaints? Should I direct such a request for contact names to someone in the Chamber itself if there is a separation between the Institute's activities and Chamber lobbying activities?
Thank you.
Sincerely,
Robert Shattuck
MY THIRD EMAIL:
Subj: I want to complain to our lawmakers about class action lawsuits
Date: 8/9/2008 6:21:35 A.M. Central Daylight Time
From: RDShatt
To: RLundberg@USChamber.com
Dear Mr. Lundberg,
I have been communicating with the Institute For Legal Reform about class action lawsuits. As the below email indicates I wish to complain to our lawmakers, and I solicited from the Institute names of appropriate lawmakers and/or staffers. Because of a possible separation of Institute activities from Chamber lobbying activities, it occurred to me that my request for contact information should be directed to the Chamber itself. Hence I am sending you this email.
I hope the Chamber can provide me with the information I request.
Thank you.
Sincerely,
Robert Shattuck
Forwarded Message:
Subj: Fwd: I want to complain to our lawmakers
Date: 8/9/2008 6:10:53 A.M. Central Daylight Time
From: RDShatt
To: LRickard@USChamber.com
Dear Ms. Rickard,
I have no reason to think that Mr. Eskelsen will not reply to me on behalf of the Institute, but I thought I would send my email to you directly as well.
I will add that, while I am a lowly citizen of little or no regard in the eyes of our lawmakers, I have the advantage possibly of not carrying the baggage of bias that the Chamber or the Institute may have.
I hope the Institute or the Chamber will be able to provide me with contact names and email addresses.
Thank you.
Sincerely,
Robert Shattuck
Forwarded Message:
Subj: I want to complain to our lawmakers
Date: 8/7/2008 8:29:05 A.M. Central Daylight Time
From: RDShat
To: JEskelsen@USChamber.com
Dear Mr. Eskelsen,
I wish, as a private citizen, to complain to our lawmakers about what is going on in cases like the Xerox class action lawsuit I previously wrote to you about.
Would the Institute for Legal Reform be in a position to give me names of Senators and Representatives, and/ or staffers, whom the Institute thinks would be appropriate people on Capitol Hill to whom I should direct my complaints? Should I direct such a request for contact names to someone in the Chamber itself if there is a separation between the Institute's activities and Chamber lobbying activities?
Thank you.
Sincerely,
Robert Shattuck
REPLY OF MS. RICKARD:
Subj: Re: Fwd: I want to complain to our lawmakers
Date: 8/11/2008 6:38:40 P.M. Central Daylight Time
From: LRickard@USChamber.com
To: RDShatt@aol.com
Mr Eskelson is no longer with ILR. I am sorry, but this is not the type of work we do. The names and addresses of Members of Congress are readily available on their website.
----- Original Message -----
From: RDShatt@aol.com RDShatt@aol.com
To: Rickard, Lisa
Sent: Sat Aug 09 07:10:53 2008
Subject: Fwd: I want to complain to our lawmakers
Dear Ms. Rickard,
I have no reason to think that Mr. Eskelsen will not reply to me on behalf of the Institute, but I thought I would send my email to you directly as well.I will add that, while I am a lowly citizen of little or no regard in the eyes of our lawmakers, I have the advantage possibly of not carrying the baggage of bias that the Chamber or the Institute may have.I hope the Institute or the Chamber will be able to provide me with contact names and email addresses.Thank you.
Sincerely,
Robert Shattuck
Monday, August 11, 2008
Our lawmakers and politicians
Responsibility for our civil liability system and the tolerance of plaintiffs' lawyers predations on society ultimately lies with our lawmakers. They are unfortunately generally corrupt and pathetic. Nonetheless they have to be turned to. This presidential election year is another appropriate time for doing this. I will proceed to do so.
Tuesday, August 5, 2008
Also a letter to the Chairman of British Airways
I am also trying to get a letter to Mr. Martin Broughton, Chairman of British Airways, that is similar to my letter to Richard Branson, inasmuch as British Airways is ensnared in the same fuel surcharge class action litigation as is Virgin Airways.
Trying to get Richard Branson's attention
I am trying to get Richard Branson's attention with the below letter:
Mr. Richard Branson
Virgin Atlantic Airways
Re: Air Passenger Fuel Surcharge Litigation
Dear Mr. Branson,
I am writing to you about the ensnarement of Virgin Atlantic in the fuel surcharge class action litigation against it and Biritish Airways that is pending in the district court for the Northern District of California.
First, let me say I have no information or opinion relative to the economic/legal policy merits of the antitrust laws that are applicable to Virgin Atlantic or whether there was any violation of those laws by Virgin Atlantic.
I do, on the other hand, strongly object to private class action litigation such as the Virgin Atlantic fuel surcharge litigation on the basis of numerous social, economic and legal policy grounds. If you are interested I have a blog in which I set out my objections at length. Generally speaking, I am sure you are aware of the strong sentiment against plaintiffs' lawyers in the United States, led in part by the U.S. Chamber of Commerce and its Institute for Legal Reform .
As you are also presumably aware, this parasitical activity of the plaintiffs' lawyers is seeping into the United Kingdom.
I hope Virgin Atlantic's ensnarement in the Northern District of California litigation prompts you to take a more active interest about this subject. If it does, I have some suggestions for you.
First, I have recently agitated the Xerox Board of Directors about their settlement of a class action securities lawsuit against Xerox. You may find more information about this at this link: Xerox If you know any of the Xerox directors personally (the "independent" Xerox directors are Glenn A. Britt, Richard J. Harrington, William Curt Hunter, Vernon E. Jordan Jr., Hilmar Kopper, Ralph S. Larsen, Robert A. McDonald, N. J. Nicholas, Jr., Ann N. Reese, and Stephen Robert), you might want to have a discussion with them about Xerox's ensnarement by the plaintiffs' lawyers.
Second, I have by chance been a member of the plaintiff class in several class action lawsuits, including the Virgin Atlantic fuel surcharge class action litigation. I have written letters to the judges objecting to the legal shenanigans they are overseeing (see Letter to Judge Pauley, Letter to Judge Thompson ), and I will probably write a letter to Judge Breyer in the Virgin Atlantic case. These judges do not and will not pay any attention to me, but they could pay attention to you and Virgin Atlantic. If you are interested, I would suggest you explore with Virgin Atlantic's lawyers how you and Virgin Atlantic can best register objection. (The answer to this could be, as in the Xerox case, don't try to object or resist, because, if you do, Virgin Atlantic will get hammered more by the plaintiffs' lawyers and their cohort judges.)
Third, I see that the plaintiffs' lawyers fees are subject to negotiation with Virgin Atlantic. You might consider that as a venue for registering objection and have Virgin Atlantic take a hard line about those fees because of the social inutility, or disutility, of the work the lawyers do.
If any of the above suggestions appeal to you, please let me know, because I would have additional suggestions to proffer to you.
I hope you consider this letter to you worthwhile.
Sincerely,
Robert Shattuck
Mr. Richard Branson
Virgin Atlantic Airways
Re: Air Passenger Fuel Surcharge Litigation
Dear Mr. Branson,
I am writing to you about the ensnarement of Virgin Atlantic in the fuel surcharge class action litigation against it and Biritish Airways that is pending in the district court for the Northern District of California.
First, let me say I have no information or opinion relative to the economic/legal policy merits of the antitrust laws that are applicable to Virgin Atlantic or whether there was any violation of those laws by Virgin Atlantic.
I do, on the other hand, strongly object to private class action litigation such as the Virgin Atlantic fuel surcharge litigation on the basis of numerous social, economic and legal policy grounds. If you are interested I have a blog in which I set out my objections at length. Generally speaking, I am sure you are aware of the strong sentiment against plaintiffs' lawyers in the United States, led in part by the U.S. Chamber of Commerce and its Institute for Legal Reform .
As you are also presumably aware, this parasitical activity of the plaintiffs' lawyers is seeping into the United Kingdom.
I hope Virgin Atlantic's ensnarement in the Northern District of California litigation prompts you to take a more active interest about this subject. If it does, I have some suggestions for you.
First, I have recently agitated the Xerox Board of Directors about their settlement of a class action securities lawsuit against Xerox. You may find more information about this at this link: Xerox If you know any of the Xerox directors personally (the "independent" Xerox directors are Glenn A. Britt, Richard J. Harrington, William Curt Hunter, Vernon E. Jordan Jr., Hilmar Kopper, Ralph S. Larsen, Robert A. McDonald, N. J. Nicholas, Jr., Ann N. Reese, and Stephen Robert), you might want to have a discussion with them about Xerox's ensnarement by the plaintiffs' lawyers.
Second, I have by chance been a member of the plaintiff class in several class action lawsuits, including the Virgin Atlantic fuel surcharge class action litigation. I have written letters to the judges objecting to the legal shenanigans they are overseeing (see Letter to Judge Pauley, Letter to Judge Thompson ), and I will probably write a letter to Judge Breyer in the Virgin Atlantic case. These judges do not and will not pay any attention to me, but they could pay attention to you and Virgin Atlantic. If you are interested, I would suggest you explore with Virgin Atlantic's lawyers how you and Virgin Atlantic can best register objection. (The answer to this could be, as in the Xerox case, don't try to object or resist, because, if you do, Virgin Atlantic will get hammered more by the plaintiffs' lawyers and their cohort judges.)
Third, I see that the plaintiffs' lawyers fees are subject to negotiation with Virgin Atlantic. You might consider that as a venue for registering objection and have Virgin Atlantic take a hard line about those fees because of the social inutility, or disutility, of the work the lawyers do.
If any of the above suggestions appeal to you, please let me know, because I would have additional suggestions to proffer to you.
I hope you consider this letter to you worthwhile.
Sincerely,
Robert Shattuck
Email to Xerox Chief Ethics Officer
From: RDShatt
To: ethics@xerox.com
Sent: 8/3/2008 11:26:16 A.M. Central Daylight Time
Subj: Would you care to express an opinion?
Dear Ms. Nazemetz,
Recently I attempted to agitate the Xerox Board of Directors relative to their settlement of a class action securities lawsuit against Xerox. See this link for further information: Xerox
Further, I am currently expressing criticism of the Ethics and Compliance Officer Association for not affording me a forum to dialogue with ethics officers relative to certain argumentation I am attempting to propound about how the law is an impediment to the mission of ethics officers to nurture and inculcate ethical business conduct by corporate employees. See this link for further information: Letter to ECOA members re Orlando conference
Being the chief ethics officer at Xerox, you are specially situated at an intersection of the above two matters, and I am contacting you specially for that reason.
If you choose to take the time to review the materials at the above links, and if you would care to express any opinion about anything that is set out in those materials, I would very much like to hear from you. If you are not in a position to express any opinion, I will, however, understand.
Thank you.
Sincerely,
Robert Shattuck
To: ethics@xerox.com
Sent: 8/3/2008 11:26:16 A.M. Central Daylight Time
Subj: Would you care to express an opinion?
Dear Ms. Nazemetz,
Recently I attempted to agitate the Xerox Board of Directors relative to their settlement of a class action securities lawsuit against Xerox. See this link for further information: Xerox
Further, I am currently expressing criticism of the Ethics and Compliance Officer Association for not affording me a forum to dialogue with ethics officers relative to certain argumentation I am attempting to propound about how the law is an impediment to the mission of ethics officers to nurture and inculcate ethical business conduct by corporate employees. See this link for further information: Letter to ECOA members re Orlando conference
Being the chief ethics officer at Xerox, you are specially situated at an intersection of the above two matters, and I am contacting you specially for that reason.
If you choose to take the time to review the materials at the above links, and if you would care to express any opinion about anything that is set out in those materials, I would very much like to hear from you. If you are not in a position to express any opinion, I will, however, understand.
Thank you.
Sincerely,
Robert Shattuck
Sunday, August 3, 2008
Letter to ECOA members re Orlando conference
Dear ECOA members,
I was very interested in attending the Orlando conference to dialogue with ethics officers, academics and others regarding Does the Law Undermine Business Ethics?
Unfortunately the ECOA has said it is not interested, and I should not bother the ECOA. See email correspondence with ECOA .
I question the legitimacy of the ECOA's lack of interest.
The ECOA said I have made thoughtful argumentation going in one direction. I asked why, then, could I not find thoughtful argumentation going in the opposite direction. I suggested some answers to the ECOA.
One possible answer I did not suggest was that there is not a basis for thoughtful argumentation going in the opposite direction. I want to keep an open mind on that and am very interested in being cited thoughtful argumentation going in the opposite direction from the argumentation I make.
I did say to the ECOA that my argumentation is not rocket science. It is based on common sense and common human knowledge and experience, and credentialed experts can understandably not be keen on having something put before them that undermines their self-image as being a specialized repository of knowledge and expertise that makes them the only qualified persons to speak intelligently related to their subject and to have worthwhile opinions. I suggested to the ECOA that could be one reason for its lack of interest.
I further suggested there is the matter of ethics officers being subject to higher up corporate masters. I said to the ECOA that the law may materially undermine the objective of corporate ethics officers to nurture and inculcate ethical conduct by the employees of corporations in exactly the way I argue, but that is venturing into a much bigger domain than ethics officers are in charge of, and those officers are not going to say or do anything except as fits within the big picture strategy and tactics of corporate management in responding to and dealing with the travesties of our nation's civil liability system (such as is being carried out by the national Chamber of Commerce's Institute for Legal Reform ). (As regards that strategy and tactics, I solicited the ECOA that, if it would like more insight, I would be pleased to engage with the ECOA about it.)
After saying the foregoing to the ECOA, I did not go on to say to the ECOA that the entire corporate ethics industry may consider itself puny and wholly ineffectual should it try to take on the plaintiffs' lawyers in urging changes in the law to make the law more supportive of corporate ethics officers in trying to achieve their goals. If one is puny and thinks one will not be able to make headway in a particular direction, one can well decide not to spend time tilting at windmills.
If the ECOA is going to say it is not interested in dialoguing about Does the Law Undermine Business Ethics?, I think the ECOA owes it to itself and to its members to be honest about the reasons for its lack of interest. Thus far, I do not think the ECOA has evidenced that honesty.
As indicated above, I am interested in reading thoughtful argumentation that goes in the opposite direction from Does the Law Undermine Business Ethics? If there is not any, and the explication of the ECOA's lack of interest is as set forth in this letter, I wish to call that to the attention of corporate ethics officers and others and urge that they and the ECOA find more backbone and fortitude in trying to prosecute their mission.
I would like to dialogue about this in Orlando. I requested the ECOA to waive the conference fee for me, but the ECOA declined. In the circumstances, I told the ECOA that I did not consider it worth my expense of going to the Annual Conference, and that I would continue my efforts by email and by my blog, which I am hereby doing.
Thank you for your attention.
Sincerely,
Robert Shattuck
I was very interested in attending the Orlando conference to dialogue with ethics officers, academics and others regarding Does the Law Undermine Business Ethics?
Unfortunately the ECOA has said it is not interested, and I should not bother the ECOA. See email correspondence with ECOA .
I question the legitimacy of the ECOA's lack of interest.
The ECOA said I have made thoughtful argumentation going in one direction. I asked why, then, could I not find thoughtful argumentation going in the opposite direction. I suggested some answers to the ECOA.
One possible answer I did not suggest was that there is not a basis for thoughtful argumentation going in the opposite direction. I want to keep an open mind on that and am very interested in being cited thoughtful argumentation going in the opposite direction from the argumentation I make.
I did say to the ECOA that my argumentation is not rocket science. It is based on common sense and common human knowledge and experience, and credentialed experts can understandably not be keen on having something put before them that undermines their self-image as being a specialized repository of knowledge and expertise that makes them the only qualified persons to speak intelligently related to their subject and to have worthwhile opinions. I suggested to the ECOA that could be one reason for its lack of interest.
I further suggested there is the matter of ethics officers being subject to higher up corporate masters. I said to the ECOA that the law may materially undermine the objective of corporate ethics officers to nurture and inculcate ethical conduct by the employees of corporations in exactly the way I argue, but that is venturing into a much bigger domain than ethics officers are in charge of, and those officers are not going to say or do anything except as fits within the big picture strategy and tactics of corporate management in responding to and dealing with the travesties of our nation's civil liability system (such as is being carried out by the national Chamber of Commerce's Institute for Legal Reform ). (As regards that strategy and tactics, I solicited the ECOA that, if it would like more insight, I would be pleased to engage with the ECOA about it.)
After saying the foregoing to the ECOA, I did not go on to say to the ECOA that the entire corporate ethics industry may consider itself puny and wholly ineffectual should it try to take on the plaintiffs' lawyers in urging changes in the law to make the law more supportive of corporate ethics officers in trying to achieve their goals. If one is puny and thinks one will not be able to make headway in a particular direction, one can well decide not to spend time tilting at windmills.
If the ECOA is going to say it is not interested in dialoguing about Does the Law Undermine Business Ethics?, I think the ECOA owes it to itself and to its members to be honest about the reasons for its lack of interest. Thus far, I do not think the ECOA has evidenced that honesty.
As indicated above, I am interested in reading thoughtful argumentation that goes in the opposite direction from Does the Law Undermine Business Ethics? If there is not any, and the explication of the ECOA's lack of interest is as set forth in this letter, I wish to call that to the attention of corporate ethics officers and others and urge that they and the ECOA find more backbone and fortitude in trying to prosecute their mission.
I would like to dialogue about this in Orlando. I requested the ECOA to waive the conference fee for me, but the ECOA declined. In the circumstances, I told the ECOA that I did not consider it worth my expense of going to the Annual Conference, and that I would continue my efforts by email and by my blog, which I am hereby doing.
Thank you for your attention.
Sincerely,
Robert Shattuck
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