Chapter 72: Not The Steve I Know

December 1, 2000, Chicago, Illinois

“How bad?” I asked.

“Well, if my initial, off-the-cuff analysis is correct...”

“Which it usually is,” I interrupted.

“Thanks. So, if I’m right, the MBA playbook says cost-cutting, including rounds of layoffs, reductions in benefits, and increased fees for our products and services.”

“That would wreck the company,” I said.

“But it would improve the bottom line today!” Elyse countered.

“And that’s how you know why I will never go public and never accept any direct investors beyond my Dad and Don Joseph, well, now Joyce. Yes, Samantha has her non-voting shares, but as we know, that effectively operates as a loan and serves as a tax vehicle for both companies. And not a shady one, either.”

“True.”

“So?”

“The triple whammy - reduced consulting revenues, the economy and business climate, and competition from a firm which doesn’t seem to care about huge losses in the short term. And that’s in addition to the usual competition we face.”

“The MBA playbook is out, obviously,” I replied. “Layoffs or a reduction in benefits are non-starters. Price increases will only exacerbate the problem, because it’ll make more people think about switching to EB, which is exactly the kind of disruption they’re trying for. Let me ask you this - if EB disappeared, what would the picture look like?”

“Sustainable, but just barely. Fundamentally, we need more consulting revenue or we’re going to have to look at some tough alternatives.”

“I hear you. This is really on my sister’s plate, but I have one bolt to fire that might just put an end to EB.”

“Care to share?”

“I’m going to leak the software theft issue to the Ohio Bar association.”

“Volstead and Braun will sue you!”

I chuckled, “And reveal all the shenanigans around Lone Star in addition to the software theft? They’ll lose their law licenses, for sure, and EB will lose its deep pockets. I’m absolutely sure that’s where the money is coming from to sustain the losses. And if they do sue, I can tie things up in Federal court for years, costing me very little because I have Liz, plus you know I will work out a cost-effective way to tie Volstead and Braun’s hands long enough for EB to fold. Ben, Jocelyn, and Deborah will assist, and at a reasonable rate.”

“And then you buy them? Like BLS?”

“That’s one possibility, but I wouldn’t want to put a dime in their hands, so with Stephanie’s approval, we’d just waive the conversion fees for their customers. You know as well as I do those are nothing compared to the license fees and the ongoing maintenance. But forget we had the conversation and just move forward with your report and let Stephanie develop the plan. I may be stepping back a bit for a time.”

“Even more than you have?”

“Medical,” I said. “My coterie of doctors are concerned about my mental health.”

Elyse laughed, “As is everyone who has known you for any time!”

“True, but one problem with bipolar disorder is that the symptoms tend to increase in severity over time, and there are often severe cognitive effects in the long run. And drugs only address the symptoms, not the actual problem, and have potentially severe side effects. Add in my metabolism issues, and it creates a nearly impossible situation for both me and the doctors.”

“Shit. So now what?”

“I’m going to Mayo next week, and I’ll start going twice a year from now on. I’m also going to see Doctor Mercer. I’m in a ‘hypomanic’ state right now, and all things being equal, that’s a positive. The problem is the inevitable crash. I’ve managed to avoid severe downswings, but the collected wisdom is something will happen and I’ll have a serious bout of depression, with all the attendant risks.”

“Self-harm?”

I nodded, “Up to and including suicide. The risks are as much as ten-times higher than for the general population.”

“I think you should give your guns to Eve to keep for now.”

I took a deep breath and let it out, “I know Bethany would tell me to do that. She’s never liked me having guns.”

“And I know your position on them, and generally, I agree. But given your non-official diagnosis, I suspect you know, in your heart, that you have to get rid of them.”

“I’ll think about it.”

“What are the risks?”

“Scuderi is still out there.”

“Yes, but he has no beef with you, and Connie and Anthony were neutered by you and Eve. And all your other acquaintances are in Federal custody, except that guy at the union. And that pimp from a few years ago never showed up again, either.”

“Please let me think about it. I need to go talk to Liz and figure out the best way to make the complaint to the Ohio Bar association.”

“Let me know what the doctors say.”

“Of course. I’ll have to tell the Board, too, if this goes the way Al thinks it’s going to go.”

“I’m not surprised you went to talk to him. How is Jessica handling this?”

“She’s being gently but firmly told to be my wife, not my doctor, by her dad and by Mary Whittaker. Kara is a very good buffer and moderator for Jessica’s ‘doctor’ tendencies. And Jessica has changed, so it’s not the fight it once was, even when she’s in ‘doctor’ mode.”

“You just like playing ‘doctor’ with her!”

“Perhaps,” I grinned.

Elyse offered a hug, which I accepted, and then I left her office and went to see Liz. I explained what I wanted to do and she went to the locked filing cabinet and got the NDA I’d signed many years before. She read it over and shook her head.

“There is no way around this,” Liz said firmly. “The NDA explicitly states you won’t reveal it to anyone except with a court order, and that you have to inform them, in advance, if you’re seeking that kind of order.”

“Well, Consigliere, how do we get a court order? Look at the settlement agreement - it lays out exactly why they’re paying us, and you’ll also find a list of the customers Braun’s kid sold to. And copies of the certified check.”

“You won’t be able to do it anonymously, if that’s what you were thinking. I’m not sure if the Ohio Bar Association accepts anonymous complaints, and if they did, you’d still have to send copies of these documents and if only you and Volstead and Braun have copies, their provenance will be obvious, not to mention the deposition upon which Volstead and Braun would insist. That means you either violate the NDA, which, as your attorney, I am officially advising you not to do, or you find a way to get a court order.”

“Can I seek to invalidate the NDA based on Volstead and Braun using it to cover up illegal activity?”

“The settlement specifically says they are not making any admission of guilt, and are cooperating based on knowledge which they acquired through attorney-client privilege. That precludes a number of approaches, and doesn’t implicate them. Your notes, and Jamie’s notes, as well as your investigation, implicates Braun the younger, but not the firm. The only ‘smoking gun’ you have is the payoff, and they can easily claim that it was from their client, and that they can’t reveal his name, even if you are certain who the client was.”

“Hang on! I know there are rules about attorneys having knowledge of crimes; how do those work?”

“Usually, that has to do with knowledge that a crime will be committed in the future. The other main issue would be actively participating in a conspiracy to cover up a crime. That does not mean trying to get your client acquitted, but if you acted in such a way as to conceal the crime in ways unrelated to defending your client.”

“There has to be something here,” I protested.

“You would certainly get headlines in the newspapers, and it’s very likely the Ohio Bar Association or the Ohio Supreme Court might investigate, but there’s enough wiggle room that Volstead and Braun can escape.”

“And the things they did with regard to Lone Star?”

“They’ll have a legitimate reason for their behavior and say that Nathan Edwards misunderstood. I read the file - there was nothing in writing. And remember who Edwards works for now. He’d be a hostile witness at best, and would likely say he misunderstood. They’re not fools, Steve. They covered their tracks very well in both cases. And it’s not even clear anything they did with Lone Star was against the law or created a tort which would give you or NIKA a cause of action.

“The bottom line is that the only thing you can prove is that Braun the Younger stole your software and resold it, and that Volstead and Braun arranged a settlement agreement with you that covered that violation on his behalf. None of that creates any ethical or legal problems for an attorney. You would have to prove they knew about the scheme and participated in it, and I don’t see how you can do that. You’ll create some bad PR for them, but you won’t really hurt them. And you will absolutely piss them off.”

“So they get away with that and keep their law licenses.”

“As I said, they aren’t fools. And neither are you. They didn’t dupe you; they paid you off and put an end to the bad behavior. Now, if you try to make this public, they’ll make it look like exactly what it is - an attempt to gain a competitive advantage in business. That’s how it will look to the Ohio Bar and the Ohio Supreme Court.”

“The sick part of this is that basically every time we’ve been sued it’s for exactly that reason - to try to gain a competitive advantage or to interfere with some business proposition.”

“Your motivation is to take down Braun the Younger’s funding, right?”

“Obviously.”

“I have to ask you a blunt, uncomfortable question - is that REALLY how you want to do business.”

“And I almost feel compelled to give you my usual response to that kind of question or point, but I can’t say ‘I hate you’ to you!”

Liz smiled, “Guess who is the only person around who can consistently win an argument with you?”

“I KNEW it was a mistake to mentor you while you were working on your law degree!” I said with a grin.

“I thought it was ‘adulting’ not ‘mentoring’!” Liz smirked.

“It was both. But I have to say you annoy me at least as much as I probably annoy others.”

“Probably?”

“Jamie was very often ready to tear his hair out trying to win arguments with me.”

“I have an advantage he never had,” she said with a wink.

“True. But you’re also very, very good. Better than Deborah, and that’s a very, very high bar, no pun intended.”

“Find another way, Steve. This one won’t work and would likely backfire very badly. Not to mention it goes against your entire theory of doing business.”

“I’m not sure what that other way would be. Finances are tight and getting tighter, and I refuse to consider layoffs or reductions in benefits. Or reductions in services.”

“That’s not supposed to be up to you,” Liz said. “You brought in your sister and Bob, and you gave the Executive Committee an effectively free hand.”

“I’m still the majority shareholder,” I countered.

“You have two choices - take control again or let the team run the business. Well, or sell, if you’re ready to cash out. Based on that conference call with your doctors, and my knowledge that you are not ready to sell, that leaves you with one option.”

“You know what? I AM going to say it, one time, and one time only - I positively hate you now!”

Liz smiled, “Which in ‘Steve speak’ means that you know I’m right and that you love me for making you see the truth.”

“Yes,” I replied, shaking my head. “But it’ll kill NIKA to do any of those things.”

“Don’t you think Stephanie and the rest of the Executive Committee know that? And don’t you trust them to carry out your vision? If you don’t, I’m not sure why you stepped down and ceded control.”

“Shit,” I sighed.

“May I make a suggestion?”

“I’m not sure why you’re asking when you’re going to do it anyway.”

“Because it’s the accepted way of telling someone, politely, that you’re going to say something they won’t like.”

“Go on.”

“Do not make any decisions about work, or anything else important, until you see Doctor Mary and Doctor Mercer. Your notion of going after Volstead and Braun in this way isn’t consistent with the Steve I know. The Steve I know would find a way to beat them by competition. Given that, and assuming I understood what was being said by your doctors, this could be a function of your bipolar disorder.”

“And your advice?”

“Go home, have a sauna, cuddle your daughters, go to karate, make love with your wives, take it easy this weekend, and go see Doctor Mary.”

“I need to let Terry know,” I said.

“Let me take care of that. And tell Kimmy to only call you after she clears it with me.”

“You’re in control here, at the NIKA Offices, General Haig?”

Liz laughed, “You hired me to take care of you, emotionally and legally. I’m just doing my job.”

I nodded and smiled, and she came around her desk so we could hug. She rested her head on my chest and sighed deeply.

“Thanks,” I said a few minutes later when we broke the hug.

“You’re welcome. Now, take the advice of your Consigliere and get out of here until after you’ve seen Doctor Mercer.”

I nodded, we hugged again, and I left the office. I let Penny know I was leaving a bit early, packed up my things, and left the office, stopping to let Kimmy know that she needed to clear any calls to me with Liz because I’d be at Mayo. I also let her know I’d likely not be back in the office until after I’d been to Ohio, and she made a note of that, asking if I wanted my calendar updated. I asked her just to block the time as ‘out of office’ and if anyone asked, to simply tell them I was away. She gave me a perplexed look, but didn’t ask the question I was sure she had formulated. I said ‘goodbye’ and stopped in Elyse’s office.

“Liz told me to go home,” I said.

“Why?”

“She’s pretty sure my response to the EB situation was driven by my bipolar disorder, and that I’m not thinking clearly.”

“I’m worried about you, Steve.”

“Me, too.”

We hugged and I headed out to my car for the drive home. When I arrived I didn’t do exactly as Liz had suggested - I cuddled my daughters before I took a sauna.

December 2, 2000, Chicago, Illinois

🎤 Jesse

“What are we doing after the scrimmage?” Libby asked.

“A couple of guys from the team are going with us to meet Mikey and Nicole. They’re all cool with checking out the windows at Marshall Field’s.”

“And seeing 102 Dalmatians?”

I laughed, “Mia protested, but I know she really wants to see it, and Kenny was cool with it.”

“You call Mia ‘one of the guys’?”

“She is! She doesn’t act like a girl!”

“Do I act like a girl?” Libby asked, hands on her hips.

I made sure nobody could hear, then leaned forward and whispered, “Only in my bed!”

Libby laughed, then said equally quietly, “And in the sauna! You like when I act like a girl there, too!”

“I suppose,” I smirked.

“Well, then I suppose you could ask Neil to suck your dick.”

“No thanks! I am as straight as they come! He can do what he wants, but I’m not interested.”

“Well, my pussy doesn’t care if it’s boy tongue or girl tongue!”

“Whatever!” I chuckled. “I need to get into the locker room to change.”

“OK. See you when the scrimmage is done.”

The scrimmage, or ‘friendly’ as Stash, our Polish forward who loved soccer, called it, was against St. Rita. We’d play them in our last game of the regular season in January, right before the city-wide tournament started. They were also contending for first and second place in our conference. That meant the game was going to be anything but ‘friendly’.

As was usual for scrimmage games, Jerry played the second period, while I played the first and third. We each gave up a goal, and our team scored two. There were no overtime periods or shootouts in scrimmages, so the game ended in a draw. We shook hands, then everyone headed to the locker rooms for showers. Twenty minutes later, after I put my gear in the trunk of Mom One’s car, Mia, Libby, Kenny, and I left the rink and got on the bus which would take us to the Loop.

We met Mikey and Nicole as planned, outside Marshal Field’s, checked out all the windows, then stopped in a Caribou Coffee for hot chocolate, before going to Water Tower Place for the movie. We all liked it, though I felt the original was better. After the movie, we went to Star of Siam for dinner.

“Mia,” Libby asked with a smirk, “did you ever think of going into the guys’ locker room and making it with the whole team?”

“Gross!” Mia replied quickly.

“I guess that’s a ‘no’,” Nicole teased.

“Oh, like YOU would?” Mia challenged.

“No, but she didn’t ask ME! She asked YOU!”

“She’s been hanging around Jesse WAY too much!” Mia exclaimed.

“But what a way to lose your virginity!” I teased.

“Don’t be a dick!” Mia groused.

“He’s just yanking your chain,” Nicole said.

“It’s actually from Irreconcilable Differences,” I chuckled. “A kid tries to divorce her parents and in one scene, she’s reading a book. Her dad takes the book and reads a line - ‘Erica James celebrated her 13th birthday by screwing the entire junior varsity basketball team!’, which causes her dad to freak out, but she just calmly asks for the book back.”

“THIRTEEN?!” Mia exclaimed. “That’s just gross!”

“I was only fourteen,” Nicole said. “What’s the big deal?”

“Me, too!” Libby added.

“And me!” I said,

“I wish!” Mickey complained.

“You three all seriously had sex at fourteen?” Mia asked, flabbergasted.

“What’s the big deal?” Nicole asked. “Nobody forced us and we wanted to do it. Teenagers having sex is normal!”

“And what did your parents say?”

“Well,” Nicole replied with a smirk, “Jesse’s don’t care, so long as he’s following the rules about birth control and STI testing. Mine don’t know and I’m sure not going to tell them!”

“Mine ‘know’,” Libby said, “but not officially, if you get my drift. They’re relatively mellow about it, but not nearly as mellow as Jesse’s moms or his dad.”

“My dad would completely lose his mind!” Mia said.

“Mine, too,” Nicole agreed. “But it’s none of his business so I don’t tell him!”

The conversation made one thing very clear, and that was that Mia was very likely still a virgin. I wondered if she’d actually have gone through with the blowjob offer, and I knew why she was reluctant to accept my offer, which was actually not real, and was just meant to tease her. That also made me wonder about her comments about my dad and if she’d REALLY go through with it.

“Remember,” I said. “It’s up to each person to decide for themselves when the time is right.”

“Girls, maybe,” Mikey said. “THEY will decide when it’s right for me!”

All three girls laughed, and we had to stop talking because the waiter came by to take our Pizza order. We ordered two medium deep-dish pizzas and two pitchers of Coke.

“You guys wouldn’t want to talk your parents into moving to Hyde Park, would you?” I asked Mikey and Nicole.

“Why?” Nicole asked.

“We’re going to be short players next year,” I said. “According to Mia, Coach will have to recruit from private schools and that means players who didn’t make the team at St. Rita, for example, or kids from a school that doesn’t have a team.”

“That sucks,” Mike replied. “I guess Nicholas is too young?”