Chapter 65: The Key to Any Good Relationship

July 11, 2001, Chicago, Illinois

“I think it’s best if Bob and Steve simply remain quiet during this meeting,” Liz suggested.

“The ‘kept men’ of NIKA?” I chuckled.

I was surprised when Bob joined the women laughing.

“Something like that,” she replied with a smile. “Has everyone read Steve’s ‘opposition research’ dossier?”

“I’m not totally comfortable with this tactic,” Bob said.

“Maybe not,” I replied, “but I’m fighting fire with fire. This professor has a reputation as an expert witness in discrimination cases. Somebody should have done this before, though I suspect they were too frightened to do it. That said, I knew there was a smoking gun from talking to Clark, and that made the decision easy for Stephanie to support.”

“There’s still something missing here,” Elyse said.

I smiled, “Clark filled in the blanks, but I can’t put that in the document on the chance it leaks. But the short version is someone at Taft had been cleared of a charge of molesting his sister and Janice Parker, who was Dean, broke the law to try to have that student expelled from Taft.”

“Do you know who that was?” Stephanie asked.

“Yes, but Clark swore me to absolute secrecy for reasons which would be clear if I told you. Trust me, please. Anyway, it was that incident, which was the end of a long train of abusive behavior on her part towards male students which forced her resignation. She had hoped to return when the student graduated, but the University wasn’t going to take the chance.”

“All this is provable?” Bob asked.

“Most of it is part of the public record. She lobbied for replacing fully qualified male students in the honors program with unqualified women, and did so unabashedly and openly. Clark corroborated everything that Katya and Patrick uncovered. Jocelyn has even more information, but some of it is hearsay. Liz knows how to disarm Janice Parker, and she’ll do it right away.”

There was a soft knock on the door, and then it opened.

“They’re here,” Kimmy said.

“Bring them up,” Stephanie said.

Two minutes later Anne Nelson and Janice Parker walked into the room and took seats across the table from the executive team. Bob and I were, strategically, sitting in chairs against the wall, rather than at the table with Stephanie, Liz, Elyse, Julia, and Cindi.

“Good afternoon,” Stephanie said. “Allow me to introduce our team. I’m Stephanie Adams, CEO. With me I have Liz Carullo, our in-house counsel; Cindi Spanos, our Senior Vice President of Sales and Support; Julia Kallas, our Senior Vice President of Technology and CTO; and Elyse Clarke, our CFO. Also in the room are Bob Larson, our Director of Human Resources, and Steve Adams, Principal Software Engineer and NIKA Fellow. He’s also the majority shareholder.”

“I’m Anne Nelson, an attorney who specializes in defending the rights of women in the workplace. With me is Doctor Janice Parker, a nationally recognized expert in workplace discrimination and sexual harassment.”

“Thank you,” Stephanie said. “Ms. Nelson you’ve made a number of accusations against NIKA, none of which have, in our investigations, proven accurate. That said, we would like to ask you exactly what it is you want from us.”

“An admission of responsibility for the pattern of sexual harassment which has occurred at NIKA, and which has been covered up by NDAs, appropriate monetary damages, and a court-supervised remediation plan. Doctor Parker?”

“This is a standard pattern,” Doctor Parker said. “Male abusers use NDAs to force the silence of abused women, and to prevent anyone from gaining information about their abuse, thus avoiding responsibility for their behavior and perpetuating environments hostile to women.”

“Doctor Parker,” Liz said. “Look across the table from you. Do you see patriarchy?”

“I do. Ms. Adams made it quite clear that Mr. Adams is in complete control of the company.”

“For the sake of argument, I’ll accept that, though the reality is quite different. NIKA has, since its inception, had the best benefits for female employees of which we’re aware, including lengthy paid maternity leave, no loss of seniority for maternity leave, paternity leave, and as you can see, an all-female executive suite. That’s in addition to having more female than male employees, and employing women in senior technical roles at rates far exceeding the admittedly abysmal norms for technology companies. How do you explain that?”

“I don’t have to, but it certainly would be perfect cover for a company owner engaged in serial sexual harassment.”

“And yet, no such thing has occurred,” Liz replied. “Ms. Nelson, I’m handing you a sworn affidavit from Ms. Mikela Kovaç stating that she resigned after making a public advance on Mr. Adams. In addition, there are four sworn statements from witnesses. In addition, I’m handing you a sworn affidavit from Ms. Callista Shepherd which testifies to the fact that she attempted to trap Mr. Adams into a sexual relationship and that she made false claims of rape against another student. I’m also handing over hearing and trial transcripts which confirm her affidavit. I have additional sworn statements from Ms. Penelope Penfield and Ms. Charlotte Johnson stating that their relationships with Mr. Adams concluded before NIKA was founded. In addition, I have a sworn statement from Ms. Clarke testifying that her relationship with Mr. Adams began in 1979 when they were both Sophomores in High School and she is mother to two of his children.

“I’m also handing over summaries of the other NDAs we’ve executed with individuals who have left NIKA, as well as our standard NDA for employees, which you will see only covers technical matters and trade secrets. There is one lone exception, and that is Ms. Kaitlin Quinn, who left under an NDA. We have not spoken with her, and based on the mutual non-disparagement clause, we are unable to discuss any details. That said, we’re confident that should this come to trial, we’ll be exonerated.”

“Ms. Nelson,” Stephanie said as soon as Liz finished speaking, “the ONLY thing you have is possible bad public relations. That might hurt us in the short term, but in the long run, you will lose because there is nothing here for you. I’m sure you’ve read the Crain’s article and anyone who investigates NIKA will discover it’s accurate. That same investigation will turn up other accurate information about Doctor Parker leaving William Howard Taft University under a cloud, information which will be communicated to Northwestern University.”

“What?!” Doctor Parker erupted in outrage. “You investigated me?!”

Cindi smiled, “If you know the enemy and know yourself, your victory will not stand in doubt; if you know Heaven and know Earth, you may make your victory complete.“

“Janice, don’t say anything more,” Anne Nelson said quickly. “Nothing.”

I suppressed a chuckle because either Ms. Nelson knew, and knew they were in deep shit, or didn’t know, and realized she might actually be in DEEPER shit.

“We’re prepared,” Stephanie continued, “to offer $10,000 in fully liquidated damages, with no admission of guilt, and with an agreement that you will not, under any circumstances bring suit against NIKA or any of its employees. That offer is final. Take it or leave it. Right here; right now.”

That had been Jocelyn’s suggestion, to give Ms. Nelson a way out. I’d discussed it at length with Stephanie, and Stephanie had, in the end, decided to offer it.

“Why would I do that?” Ms. Nelson asked.

“Because,” Stephanie replied, “otherwise you’ll walk away with nothing, and have spent a tremendous amount of money burying yourself and Doctor Parker. And if you do accept the settlement, we’ll refrain from notifying Northwestern about Doctor Parker’s past.”

“May we have a moment to talk?” Anne Nelson asked.

Stephanie nodded and used the phone to ask Kimmy to take Ms. Nelson and Doctor Parker to the ‘Orr’ room. They left, and Kimmy pulled the door closed behind them.

“They’ll take it,” I said.

“Did you see the Parker woman’s face?” Julia asked. “I thought she was going to have a stroke!”

I smiled evilly, “Given her attempt to use stolen psychiatric files to take revenge on a student and frame him for a crime, does that surprise you?”

“The quickest way to ruin on Planet Earth is to cross my brother in any way,” Stephanie declared. “He takes Sean Connery’s comment in The Untouchables about ‘the Chicago way’ seriously.”

“I subscribe to the Lieutenant Nick Evans and Commander Aimee Shaughnessy school of warfighting! If someone attacks you, your only job is to destroy them with extreme prejudice, then go home, have a glass of bourbon, and get laid, preferably all on the same day they attacked you. She used somewhat earthier language for the carnal activity.”

Everyone except Bob laughed; he just shook his head.

“Half measures never work, nor does appeasement,” Elyse declared. “They’ll take the deal. They can’t risk it.”

“You know a promise never to sue in a situation like this isn’t binding, right?” Liz asked. “You can’t give a release for future action.”

“I do,” I replied. “But imagine a copy of that agreement finding its way to the proper reporter in Durham. If she violates the agreement, we’re not bound by it.”

“You are a ruthless bastard, big brother.”

“Thank you!”

There was a knock on the door and Kimmy brought Ms. Nelson and a sour-looking Doctor Parker back into the conference room.

“Draw up the agreement,” Ms. Nelson said without sitting down.

“Thank you,” Stephanie said. “Kimmy will show you out.”

They left, with Kimmy again closing the door behind them. Almost immediately, the phone rang. Bob was closest, so he answered.

“Liz, Mindy says she has Ben van Hoek for you.”

“Have her put it through to the conference phone, please.”

Fifteen seconds later the lights on the conference phone blinked and Cindi reached over to press the button.

“Ben, you’re on speaker with the entire executive team, Steve, and Bob,” Liz said.

“OK. EB was granted a temporary injunction against Nathan, but with the condition that the due diligence can proceed. You just can’t close the sale before a full hearing is held.”

“Wow!” I exclaimed. “They have to open the kimono?”

“As we discussed, the contract doesn’t limit who he can sell to, but there are matters of contract construction at issue, so the case can proceed.”

“They’re just going to take it lying down?” I asked.

“No, but there’s little they can do. SKJ Partners met all of the conditions and Nathan complied with all the requirements. They can try to block the sale, but the judge agreed with our position that blocking the due diligence harmed us.”

“Do you think they’ll try for an interlocutory appeal?” Liz asked.

Ben laughed, “I’m certain, as Braun the Elder received permission from the magistrate to take this to the judge. Does everyone know how that works?”

“We’ve been down this road before,” I said. “The magistrate deals with the pre-trial matters, and anything can be appealed to the actual Article III judge to whom the case is assigned. What’s your take?”

“Given that EB could simply buy out Nathan Edwards, the judge won’t block the due diligence, as EB has a way to protect themselves. And this will get no play at the appellate level.”

“Because judges HATE to interfere with the work of other judges without a fully-formed appeal,” I said.

“It’s extra work they don’t need,” Ben replied. “Think what would happen if every decision was appealed piecemeal?”

“Worse chaos than we already have. Ben, ask Jocelyn to speak to EB and arrange for Bo DeWitt to conduct the due diligence on the financials.”

“Will do. I’ll speak to you all soon.”

“Thanks,” I said and nodded to Cindi who disconnected the call.

“They’ll pay Nathan, I’m positive,” Stephanie said. “They can’t risk you knowing anything about their financials.”

I nodded, “I agree. But they’ll run to the judge first. Then we have them.”

“I repeat, you are a ruthless bastard.”

“Thank you.”

“What’s the end-game?” Julia asked. “I missed all these meetings. And that is NOT a complaint!”

“We’ll make an offer to Braun for the assets of EB, mainly the software,” I replied. “I don’t care if one of the others outbids us. By the time that happens, all the customers will have been scooped up by Chickasaw, Hastings Mill, or us. I really don’t care what the division is in the end. In fact, there are no current restrictions on either of our two main competitors doing conversions. THEY aren’t on notice.”

I saw Cindi smirk and she knew exactly what I was going for. I didn’t have to tell her to call her counterparts at those two competitors to encourage them to act like sharks smelling blood in the water. EB would have to sue them, too, and in the game we were playing, it was certainly ‘the more the merrier’. Braun would decide to sell to someone, and that was all that mattered.

July 15, 2001, Greater Chicagoland, Illinois

“Do I even want to know what this set you back, Samantha?” Dave asked as he walked into her skybox at Chicagoland Speedway on Sunday morning before the start of the Tropicana 400.

“If you have to ask,” I chuckled.

“There are fewer seats than I expected,” Julia said.

“Only 55,000,” I replied. “NASCAR just isn’t drawing like it used to. I was actually surprised they built the track here. They have plans for 200,000 seats eventually, but I bet they never build them.”

“Hi, Boss!” Terry said as he came into the box. “I see Bill qualified fourth.”

“Hi, Terry. How are things at Spurgeon?”

“Given the other boss is here...”

Everyone laughed.

“I’m getting up to speed,” he continued. “The SEC stuff is a whole new level of insanity over the stuff we had to do at NIKA.”

“I saw a girl attempted to qualify,” Penny said.

“Shawna Robinson, sponsored by Tropicana, the same ones sponsoring the race. I was bummed she didn’t make it.”

“Is she any good?”

“It’s tough to say because female drivers are treated like second-class citizens and have a tough time getting sponsors if they can even catch on with a team. Of course, Kyle Petty didn’t qualify, so even a name doesn’t help some guys!”

“Where are your boys?” Dave asked.

“All four of them are with Eduardo down in the pits and Chelsea is with them as well. I went down to see Bill, but after talking to him I came up because I’m hosting this shindig.”

Over the next hour the Quinns, Jaegers, DeWitts, Melanie and Pete, María Cristina and Mike, and a bunch of other friends arrived. My girls had chosen to stay home, and were hanging out with Jennifer and Josie. We all gathered towards the front of the box to watch the parade laps. As the field closed up, Todd Bodine and Jimmy Spencer led Ricky Rudd and Bill Elliott, along with the rest of the field towards the green flag. Bodine led the first six laps until Rudd passed him and held the lead until Mike Skinner wrecked on lap 23. After seven caution laps, the field reformed behind Rudd who lost the lead to Kevin Harvick.

“Seriously?” I groused. “A ‘competition caution’?”

“What’s that?” Bo asked.

“NASCAR likes those for new tracks so they can gauge tire wear, but we ran six caution laps earlier. All it does is make the race a joke. Teams can judge for themselves if they need new tires.”

“I think Formula One fans would riot!” Eduardo observed.

“NASCAR is trying to be ‘entertainment’,” I said. “And doing a bad job of it. The fact that they only built 55,000 seats in an area with over five million people should tell you something!”

“Harvick is driving the cars that used to be #3, right?” Pete asked.

“Yeah,” I sighed. “#29 is Richard Childress Racing. They aren’t using the full black paint scheme out of deference to Dale’s memory.”

The race was entertaining, but I just didn’t feel the same as I had in the past. Part of it was not having Stephie to go to races with, part of it was Earnhardt’s death, and part of it was NASCAR doing their best to wreck the sport. Bill never managed to get into the lead, and finished 10th. His performance, or lack of it, also factored into my feelings, as did the loss of Davey Allison and Alan Kulwicki. Harvick winning the race didn’t help my feelings, as that was the car Earnhardt should have been driving. I meant no disrespect to Harvick, but I couldn’t shake my bad feelings about the race. Jessica noticed on the way home.

“You’re unhappy,” she said.

“I am. Honestly, I’m not enjoying NASCAR at this point.”

“I’ve noticed you fast-forward through quite a few races.”

“I think this is basically where I give up,” I replied. “Eduardo has been nudging me towards Formula One, and given I can get information on the internet, maybe I’ll go to a race with them in the future and check it out.”

“So, ice hockey and maybe Formula One?”

“Kajri and a few others are encouraging me to follow the English Premier League, but seeing games is nearly impossible here. Which is the problem with Formula One, though I can easily go to a race in the US or Canada. To go to a Premier League game, I’d have to go to England at the right time. And, honestly, given the limited time I have, maybe it’s better just to focus on the Penguins for now. Matthew will keep going to North Carolina every spring, I’m sure. And given Samantha has the box, the other boys can come to races if they choose.”

At home, we had a late dinner with the kids, and then Ashley, Albert, and I took Jessica to O’Hare for her flight to Boston for her conference. As was the usual pattern, we parked, walked Jessica inside, and once she’d obtained her boarding pass and gone through security, the kids and I headed home. At home, I got them into bed, then went down to Suzanne’s room.

“Do I have you for the next four nights?” she asked.

“Three out of four. Natalie is spending the night on Wednesday. Is there anything special I can do for you?”

“I’m sure we can find something!”

July 16, 2001, Arlington Virginia, and Washington, DC

🎤 Jesse

“Good morning, Jesse Stepanovich!” Dmitry said when I walked out of the Jetway.