References attached news article relating to the Cipollone case and other litigation. Expresses concern that publicity from American cigarette cases might lead to litigation abroad. Indicates Australia has had tobacco-related litigation and it appears as though Britian will follow. Notes that successful litigation abroad would not have the same impact as "similar success in the United States," however "it is troublesome." Proposes strategic approach to serious litigation issues abroad. Solicits comment. (attachment missing)
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230 Park Avenue South
New York, NY 10003
February 26, 1988
Mr. George D. Newton, Esq.
RJR Nabisco Inc.
ll00 Reynolds Blvd.
Winston-Salem, NC 27102
Mr. Todd Sollis, Esq.
Philip Morris Companies
120 Park Avenue
New York, New York 10017
Mr. Robert H. Sachs
B&W Tobacco Corporation
1500 B&W Highway
Louisville, KY 40232
Mr. Allen R. Purvis
Shook, Hardy & Bacon
Kansas City, MO 64106
MS. Ellen Harrow
Associate General Counsel
One Park Avenue
.New York, New York 10016-5895
Dear Ladies and Gentelmen:
You may have noticed the attached piece from The Times of
London in the stacks of material we have been sending you
relating to the Cippolone trial and other litigation
It raises a key problem that David Andelman and I touched on
when we visited Alan Purvis and the Shook Hardy folks last
year in Kansas City: what happens if the publicity from
American cigarette cases leads to litigation abroad?
There has been tobacco-related litigation activity in
Australia; now, it appears it could be Britain's turn.
Clearly, successful litigation overseas would by no means be
as damaging as a similar success in the United States.
Nevertheless, it is troublesome. Moreover, foreign
countries present different sorts of publicity-related legal
problems than those in the United States.
We propose to take a preliminary look at establishing a
method of dealing with such issues if they become serious
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Examine the litigation potential in various foreign
countries and legal systems, beginning with the
Anglo-Saxon world (Britain and Australia/New
Zealand), but examining as well Japan and parts of
the European continent.
Examine how the existing TLIC issue papers might be
used abroad, or translated.
Develop some strategies for dealing with and
containing litigation-related publicity in other
Please let me know what you think of this idea. If we have
some unanimity of opinion from the four companies, we will
develop a budget and press ahead.
J~mes B. Lindheim
Executive Vice President
Director of Public Affairs