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 (yourdictionary.com)
  • negotiator (2) = one who concludes a business transaction (yourdictionary.com)
  • manager = an individual who is in charge of a certain group of tasks (BusinessDictionary.com)

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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Sparky Misfires

Posted on July 20, 2012. Filed under: KBR, Piss Ants | Tags: , , , , , , , , , |

11th in the series The Great Cluster Fu…   A treatise on questionable journalism and pre-litigation practices

Your words for the day:

  • agenda = somebody’s particular motive or bias
  • sleight  = cunning, trickery

When you are rabid about a single agenda, details and facts get overlooked.  I mentioned that Sparky is either illiterate or just doesn’t read what she puts up.  Case in point:  Mary Wade’s title.  It is right there on KBR documents that have gotten the internet spotlight.  Doyle Raiznor cites that title as “Senior Contract Negotiator” while Sparky one-ups him with her “Chief Contract Negotiator.”  Fact is, neither of those is, nor ever was, her title.

Senior Contracts Manager.  Yep!  That’s it.  Printed right there on those older documents from 2003.  That is still her title today.  (Just a heads-up to that dynamic duo, Spark-Igor and Franken-Raiznor:  Your long wait is over…   THE TELEPHONE HAS BEEN INVENTED!  Just in case you are concerned with accuracy…   a.k.a., the truth.)

But, accuracy was never the goal of either Spark-Igor or Franken-Raiznor.  Their goal has been to take the ordinary (KBR) and turn it into a monster-like, ravenous, corrupt thing that lives only to devour class-action hordes of litigation clients.  Effect is what they are after.  Sleight of word — subtle, and not so subtle, shadings of meaning — is the scalpel (or hammer) of choice. 

More from Sparky’s intro page monologue:

(1) “In the ongoing legal battle being waged by several State National Guard Units, (2) this video is pretty typical of what I’ve seen of KBR testimony  (3) about the role they played in exposing US and British soldiers, US and local civilians to deadly hexavalent chromium at Qarmat Ali.”

That’s a complete quote of that sentence.  These are my points:

(1)  Ongoing legal battle.  Let’s see how this “battle” goes:  Farmer Brown, the class-action litigator, takes his milking stool into the lobby of KBR’s legal department.  He presents his list of demands, most notably — in alphabetical order  — cash, dinero, dollars, euros, gold, Hong Kong dollars, lira…  he is not picky.  Other than that, not much else.  In response to KBR’s quizzical look and disbelieving, “Why?” he replied, “I just want some of that money you got.”  He was quickly shown the door.  But, that did not stop him from making several trips back with the same milking stool, same demand and the same result.  Farmer Brown thinks, “This is turning into a real battle.”   (2)  Typical video vs. KBR testimony.  The TESTIMONY of current KBR employees, taken by itself, reveals that all of them did their jobs (the one’s they were hired to do) as straightforwardly as possible.  Since their employment continued at least through the taking of depositions, “exemplary” might be a word used by their supervisors.  The TYPICAL VIDEO Sparky vigorously touts is an after-market, FICTICIOUS offering by Doyle Raiznor that is a blatant effort to rewrite what each has said to accommodate Raiznor’s off-beat strategy — the claim that what actually happened in the combat theater had its roots in Houston, Texas, before the Qarmat Ali cleanup effort.  Hopefully, he could convince enough jurors that an event precipitated by, and occurring in, a hot combat war zone half-way around the world, really took place in the corrupt board rooms of capitalism.  You know, in the US of A.  (3)  The role that KBR played in the exposure to hexavalent chromium.  To borrow Doyle Raiznor’s quote, I really didn’t have to do any research to answer this one:  It wasn’t KBR’s war.  It wasn’t KBR’s real estate.  It wasn’t KBR’s water plant.  It wasn’t KBR’s toxic spill site.  It wasn’t KBR’s initiative to refurbish the ruin.  It wasn’t KBR’s decision to use US and British soldiers to protect civilians doing the reclamation.  It wasn’t KBR’s decision to have the work done down-range from hot combat operations.  So, I would say, just as a matter of idle speculation you understand, THAT KBR PLAYED NO ROLE IN EXPOSING ANYONE TO THE TOXIN.  And, for your blood-thirsty bent, Sparky, I would suggest you pay attention to the real news every now and then.  Maybe you missed it (being so busy with witch-hunting and all) but, the monster that made all of that happen was dug out of a spider-hole and got to be the guest of honor at an old-fashioned neck-tie party.  And you didn’t get prime rights to the video.  Tsk, tsk.

Personally, I think KBR has a good claim against the US of A because it sent in a bunch of whining week-end-warriors apparently not considered good enough for real combat duties:  We’re sorry, KBR, but, our A-Team is out giving Saddam what-for; we don’t want you to hire dedicated mercenaries as guards, so we’ll give you our finest B-Team — The National Lampoon Guard.  Obviously, the joke’s on KBR, but, only Sparky and Doyle are laughing.

Next up:  Manager vs. Negotiator

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Truth. Beauty. Mud. In The Eye

Posted on June 30, 2012. Filed under: KBR | Tags: , , , , , , , , , , , |

8th in the series The Great Cluster Fu…   A treatise on questionable journalism and pre litigation practices.

Your word for the day

  • fabrication = something made up; the invention of something not true.

Old saws that I have heard, all of which relate to sight and perception:

  • Beauty is in the eye of the beholder
  • Truth, like beauty, is in the eye of the beholder
  • “Here’s mud ‘n yer eye.”

Honestly, I don’t know what that last one means.  Never did.  It lacks the clarity of sayings like “The truth is what I say it is.” 

An illustration:  There is a grove of trees along the horizon covering the contours of low hillocks and shading the small stream wending its way through it; the reality is what it is.  A squirrel perceives shelter, food, and drink.  The impressionist painter perceives splashes of color to be transferred to canvas.  The still-life painter perceives a pastoral tableau.  The hot-air balloonist who ran out of gas at 800 feet and is now rapidly descending toward that grove hasn’t perceived much since he heard his flame go pppfffffffttt ’cause he is now deeply involved in an intense religious experience.  The same physical reality — once 4 minds apprehended it — became 4 different perceived personal realities.

Enter Super Dan, et alia.  In the spirit of the corrupt senator in the film “The Shooter,” our stand up comic has seized upon  the line “The truth is what I say it is!” and produced a pseudo-deposition, tabloid-like production of “What KBR Really Knew…”   Pseudo because the original footage has been extensively doctored (cut, pasted, re-mastered, opposing counsel rebuttal questions deleted, and on and on).  This work of fiction is designed to instill you with an alternate view of reality.  It comes to you courtesy of the law firm Doyle Raizner (www.DoyleRaizner.com) and is displayed on-line by Ms. Sparky(TM).  I’m not kidding about the trademark thing.  Some of this stuff is just too ridiculous to make up.

Super Dan and Sparky have done a good job of flinging mud ‘n yer eye, so I’m going to go through this travesty scene by scene in an effort to clear the visibility;  you might want to review the work so you will know to what I am referring.  (Just be careful;  bullshit tends to stick to your footwear.)  I found it by entering — Mary L. Wade, KBR — and clicking on the ms.sparky result (video).  I’ll give you a couple of days to research* the item before I resume “The Great Cluster Fu…” series.  Meanwhile, lets talk about..

Next up:  Digressions

* (update:  10-9-12)  A couple of weeks before scheduled court date (10-9-12), this video was blocked and labeled “Private Video”

Series references:  KBR, Mary L. Wade, Qarmat Ali, Doyle Raiznor, Ms. Sparky, litigator, sued, cluster, deposition, hexavalent chromium

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