Tobacco Documents Online

OdmHARDY&BACON October 22, 1992 ~im F. Bixenstlne, Esq. Jones, Day, Reavie & pogue North Point, 901 Lakeside Cleveland, OH 44114 Francis K. Decker, Jr., Esg. Kudge ~gss Guthrle Alexander & Fezdon .ETTORNE¥ WORK PRODUCT 180Maiden ~ane New York, NY 10038 Thomas E. Silfen, Esq. Arnold & Porter 12o0 New Hampshire, N.W. : Washington, D~ 20036 Dear ~alnes Co~nsel~ We have co~leted our review of the supplemental Philip Morris CTR Special Projects privileged documents to identify which ones may have been "segregated" by Magistrate Fisano as possibly- relevant to plaintiff's crime/fraud claims. We have identified ,~ight candidates; information relating to each is set forth below, generally in order of most likely to least likely. ~: Confidentlal memorandum from J~B. (Brown) to Butler, cooke, Decker, Hardy, ~oltzman end J~oob regarding "Conference with ~z~H~ckett and Mr. Hoyt, CTR-USA, January 14, uo~: "Hockett would welcome suggestions from Ad Hoc as to how members could best assist CTR with red,sot' to each individual project." "Ho~ett would welcome=Ad Hoc recommendations for additional staff members."

October 22~" 1992 • ~ags ~ . "Hockett would welcome Ad Hoc recommendations for additions to the Scientific Advisory Board." "Hookett will supply me (JCB) wlt~_ copies of the protocols for currently active research projects. ~adSe are highly con~fldentlal, for information only, under no circunstances to he discussed, wi%h ntee or anyone else." 2015015691/1,694 (Log pg. 46; Plsa~ rpt. pg. 37) ~XJ~h~: Bowling notes of I~l~stry Research Study Committee dated Ouotes= "Yeoman says after nicotine 'flap' the independence of CTR is for~er tainted." "shlnn - Sommsrs says it would be possible to turn CTR into a trade research group. Known certain areas CTR cannot fU~do _];as affecte~ ~ndepe_ndenoe- However - would llke clarification to kn~w 1~he ground rules." ~ .~_~_...~ ~ is gOT independent - because of wha.t we have asked 1:hem not ~,o cl.o - ~?%. l:hle influence~ design of e~erlmen~s ... ~ t~17 Independent. "" "qCB - Nohod7 believes ~ is independent -~any believe some of "JOB what work C~ ~o ~ ~s best of all worlds Moral - doing reset:oh - F~nd witnesses - P~cosmetic - - - ProVide buffer between complies and problem - Give s~ientific perspective - Buy time - Quality of ~swers via Quality of Research"

Qc~cober 22, 1992 Page 3 SHOO~I~a~ACON 2015015726/5731 (Log p~. 43, Pisano ~pt. pg. ~j~: Bowling notes of Industry Research meeting dated 12/13/78. Ouotes: "CTR dO~ not have go~ r~p~ation of doing go~d "~R not ~ s~Iflc~ so~ce of "Sro~ ... ~ ¢omes ~ to SAB as an independent shield-ln~ependence -. "B~ - you can't - ~cept wi~ the right scientific director." "Jacobs - Probl~ is S~ t~es si~s from that shoed f~ not whaler but how." "Brown - cited PM interest in benaflts - Gardner interpretation as Central Nervous System - industry' s ~:~u~ CTR's thinking they w.re; 'had.' Industry itself in FDA in no time while ASH can '-% in 20 years." 2015033263/3271 (Log ~. 1, Pisa~ rpt. pg. 3) ~: Holtzman memorandttm to Br..o.wn, Butler, cooke, Decker, Hardy, Jacob and Shlnn regarding "~¢onference with Dr. Hockett, Mr; Hoyt and Ms. u'Shea, "C~I~R-USA, Fe~ual~ 10, 1966." "Hot,eft would like to retain Mancuso in a Goneulting capacity on a stipend from CTR. We..recG~mended that CTR hold off until~thm Ad Hoc Committee has an opportunity to speak to Mancuso ... it would seem advisable to investigate the possibility that his primary usefulness would be as a witness in lltlgatlon." . "There is a grant application pending before the Scientific Advisory Board ... We. suggested that CTR consider using both the httman-and experimental. approach to the polonlum problem. We shall ~wait the BAB action on the human l~tng ~_ro~ect and ~hall eA!oect uo receive fttr~her details f~om Hockett ....

October 22, 1992 Page 4 "Hockett rspo~l:ed that Dr, Engelbe~'g...has a good'. proposal before the S~...Oaco~ ~: ~tter from Paul Smi~ ~o date~ May. 23, 1966. "Perso;~ally, I bel~eve that s~uld 5e s~st~tlally ~n~eased ~n ~ relatively ~ear.fut~e eJ~ce he is the perso~ on whom~e are relying principally to ~arry out cur programs. ,Z realize that Dr. Ll~tle stands in the way to some extent and it may well be that he wili~ have to be pushed upstairs to make room Zor Hockstt. I fear that Tom Hoyt ~i11 re~ain a problem, albeit a diminishing one." 2015033230-3248 (Log pg. i, Pisano rpt. .~: Hockett summary regarding "Ani.mal Experimentation." " Ou~tes: "There should he a clear a~reement in ~dvance as to the ownership and pu~llcation of the results obtained either (a) by the investigator under an SA~ grant, or (b) 5y T~e Council or by the Investlgatcr as desired unbar a special proJ~t, or (~) by The : Council under a contract." "Whether,Or not The Council s~uld attempt to assume leadership in an ef f_~t to organize cooperative effort in this direction Ssa matter of" bas~= policy to he conf~dentlally dls~ussed within that bod~."

O~tober 22# 193:2 Page 5 ~. 20~5015~%/5739A (~g pg. 42, Pisano .~t. ~: Bowling notes of Indust~ Resear~ Co~ittee' meeting da~ed 11/15/78. (Notes rea~ hut ~i~ Is s~e meeting that Sell,an attenaea ana S~o~n ~oted ~: S~ar~ous t~es of research spent -- Tobacco neural ~ research -- Defe~Ive nat,s ~ research -- "~ special projects --- ~dust~ special projects -- p~llc relatlons reseatS" "Scientists in a~eement ~a~ ~ reputation seconda~ - not ~o~ - ~ot believed £ndependent." 8. 2015015756/5759 - (~g pg. 1, P~sano ~t. pg. 3} ~: Bowling notes of Indust~ Resear~ m3et~ng dated ~: "~"G~als Indust~ Resaa~ - PR "ca~llng ~rd" "JCB said no moral comm~tment- "Spoke of Defensive [and] Offensive research- research to obtain witnesses - Review of CTR, Harvard~ UCLA, Wash U." Some time ago we identified privileged documents from t~ first Lorillard and Philip Morris productions that may have - been segregated by then-Speclal Master Pisano a~revie~ed ~ ~amera by Magistrate Hedges and Judge Sarokin. We have been reviewing these materiels again to identify c~usstions that might be raised in fut~e crlme-fraud proceedings. We should plan on meeting, perhaps soon after the Novembel 4 status conference, to" discuss which d(~uments and ~uestions we might need to address and how we might respond, i.eo, whether attorlley comment uslnE available documents will he adequate or wh~ther affidavits or testimony may be necessary. It would be helpfu~ to circulate in adv~ulce of this meeting information about which Liggett and Reynolds documents may have been segregated, as well as.copies of any Reynolds| affidavits 8ubmltted ~n camera in prior proceedings. Also, we should circulate

October 22~ 1992 Page 6 ~nfo~at~on aheuH identlfle~. any adaltional defe~slve do~iments We have WLA:pp cc= David K. Hardy, Esq.