Mary L. Wade, Lady of the Contracts

Posted on October 8, 2012. Filed under: KBR | Tags: , , , , , , , , |

19th in the series The Great Cluster Fu…   A treatise on questionable journalism and pre-litigation practices.

Your words for the day:

  • avarice = an unreasonably strong desire to obtain and keep M-O-N-E-Y
  • surreal = bizarre, distorted, weirdly dreamlike

Ms. Wade seems to be the focus of Raiznor’s push to his objective, which would be Litigators’ Nirvana — the mother lode promised by a massively successful class-action lawsuit against a giant corporation.  It is a no-holds-barred campaign of avarice to get something for nothing in keeping with the mantra of the Litigation Nation…   drum-beat and lyrics supplied (oh, surprise of surprises) by litigators.

As noted in the two previous posts, ol’ Doyle used Tseng to hint at “cover-up” and “obstruction,” while trying to paint Lee as the personification of a corporate “culture of indifference” toward human safety, if that safety interfered with getting just one more dollar from that government contract.

But, KBR’s Lady of the Contracts has been cast in a different sort of role for this litigator’s rewrite of reality, one that seems to be the pivot point of his twisted path through a surreal dream-scape.  (Her image is the header on the un-ethical video displayed on Sparky’s website.  By default, she becomes the image of a greedy corporation.)

In keeping with his theme of negligent business behavior, Super Dan and Ms. Sparky have re-titled her as “senior contract negotiator” and “chief contract negotiator,” respectively, to insinuate a wide ranging latitude in dispensing taxpayers’ money.  As noted in previous posts, the correct title is Senior Contracts Manager, which carries the inference of tight control over terms and performance of contracts.  That would not be good for Raiznor’s pipe dream;  thus, the instant makeover.   You can bet that Raiznor knows Ms. Wade’s correct title; he had to have it right when he subpoenaed witnesses and documents from KBR.

That word “negotiator” has several meanings.  Super Dan used it in questions to Ms. Wade, and Ms. Wade responded in a manner that seemed to agree with his use —

  • How long did this negotiation take?  Long enough.
  • A few hours, a day?  One morning.
  • So, you are saying this whole deal was negotiated in just one morning?  Yes.   …No, we went over the terms and conditions of the contract in the morning.

It is not evident what set-up questions Raiznor employed to get Ms. Wade to think they were using her understanding of the word “negotiate” since he carefully left those on the cutting room floor.  But, when it hit her what he was driving at, she spelled out what she meant by “negotiated” —  going over the terms and conditions of the contract.  Since this was obviously the closing of a contract, signatures of all now-satisfied parties would then have been affixed to the contract.

“Closing a contract” is one of the definitions of negotiate.

“Meeting and wrangling over the how and what” of a deal is another one.  Raiznor wants you to see Mary Wade (and, by extension, KBR) as an unconscionable bargainer, hammering out quickie, lucrative deals for KBR regardless of human cost.

Raiznor, again under the spell of hot buttons, generalizes in one of his insertions, “This deal between KBR and our government was put together in a shockingly casual way in a short time...”  It must have galled him that Ms. Wade clarified what was done at that morning meeting, but he made the best of it with that spliced-in, nebulous monologue implying reckless haste in pursuit of LOGCAP money.

Next up:  Shockingly casual — only in another universe.

Series references:  KBR, Mary L. Wade, Qarmat Ali, Ms. Sparky, Doyle Raiznor, litigator, lawsuit, contract


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Manager vs. Negotiator

Posted on July 30, 2012. Filed under: KBR, Piss Ants | Tags: , , , , , , , , , , |

12th in the series The Great Cluster Fu…  A treatise on questionable journalism and pre-litigation practices

Your words for the day:

  • negotiator (1) = one who converses, bargains, or discusses with another in an attempt to reach an agreement (
  • negotiator (2) = one who concludes a business transaction (
  • manager = an individual who is in charge of a certain group of tasks (

In the 5th installment of this series (The Truth Hurts), I posed three questions:  (1) Who the hell is he (Doyle Raiznor) representing, (2) who the hell is he trying to convince in the absence of a court room and jury, and (3) how much money does he expect to clear from this yellow journalism venture.  As to the client, Sparky mentions “several State National Guard Units” so that is probably Raiznor’s class-action gold mine.  That indirectly answers question number 3, in that the more claimants in a successful suit  THE GREATER THE LITIGATOR’S CUT.  That leaves just question number 2…

Who the hell is he trying to convince in the absence of a court room and jury?  In the words of the deceased scientist in Isaac Asimov’s classic, “I,Robot” (a Will Smith movie adaptation):  That, detective, is the right question.”

In the ordered setting of the judicial forum, claimant’s attorney presents his side of the argument, and the defendant’s attorney provides his side of the argument, each attempting to poke holes in the other’s claims.  That forum is presided over by a judge (a referee) in the presence of a jury which will vote on its perceptions of the opposing arguments.  For Raiznor, there’s the rub.

That ordered setting will glaringly show that, because of acts of war (you know, all that crap that can. and does, happen when you are trying to do a good job while other people are trying to kill you) and the contractual exceptions granted KBR by its client, the US of A., the claimants have no case at all.  Worse, plaintiff’s attorney has a short period of time to convince jurors who, like their clients, have had their lives abruptly impacted by government mandate.  UN-like their clients,  the jurors did not sign a contract beforehand permitting this unannounced inconvenience; they might not be receptive to “somebody-owes-me” arguments.  What’s a salty litigator to do:

 Well, there’s always jury tampering, but messing with jurors during a trial is considered unethical…   and…   in some circles…   HIGHLY ILLEGAL.  Super Dan’s retirement fund may be screaming for refreshment, but he is neither that greedy nor that stupid.  Besides, Danny Boy has been to the mountain-top and has experienced an epiphany:  If I can’t get to the impaneled jury, maybe I can taint the potential jury pool against KBR.

Since the exit of the Bush-Chaney administration and the back-off from KBR by Halliburton, negative criticism of KBR by the media has subsided considerably (no evening news hot-buttons).  Clearly The Press (with the big P) could not be counted on for pre-emptive bad-mouthing of his mark.  Gotta take matters into his own hands.

That fake deposition being touted by Sparky’s site looks for all the world like a draft of a possible strategy in attacking KBR’s defense in court.  For that purpose, it is totally legitimate.  But, Super Dan’s decision to use it in a reputation-smearing campaign against a possible court opponent clearly qualifies as unethical.  Those subpoenaed testimonies (reformatted, biased “explanations”  patched in,  packaged in  the tabloid presentation of a fictionalized “expose“) and a fake “news” site filled only with Doyle Raiznor anti-KBR propaganda have been posted on-line for months and years.  The purpose:  INSTILL THE PERCEPTION THAT KBR  CAN’T POSSIBLY BE RIGHT ABOUT ANYTHING.   The target audience:  THE POTENTIAL JURY POOL (that be the public) FOR ANY CIVIL SUITS AGAINST KBR.

And that brings us to the importance of manager versus negotiator.  One title implies “tight control” and the other, “free-wheeling  and dealing.”

Next up:  Hot-button offense

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