ThenNow

Two questions: 1) Was BSA ever connected to the ground, once the growth exploded early on and all manner of layers and fiefdoms were spun into motion; and 2) Why was Roger selected to lead the organization into and through the bankruptcy, besides being a lifer with the engrained “BSA Nation first” mentality? I understand he has a long history of high level HR leadership in major corporations and there were sure to be RIFs. That limited basis makes sense. Fitting a leader to the moment in time, critical context and transition, not so much. Thanks to any who want to enlighten my addled noodled.

I hope no one will be offended if some of the highly detailed recommendations don’t make the summary. I am trying to focus on changes that would be transformative. For example, running through many of the conversations and said in various ways applicable to multiple contexts, it’s clear National is disconnected from the “ground.” That was pointed out quite literally within the practical recommendation that all exec’s need to go to summer camp and camp out four times each year. That is an excellent way to start addressing an acute, macro-level cultural, informational and relational deficit. It was also illustrated when all of you were luffing, wondering and wandering in the shadow secrecy of the bankruptcy, as well as myriad other historic issues. In a way, this forum put a spotlight on the problem and addressed it at the same time. I’ve learned from you that BSA has no system or apparent desire to foster “management by walking around” or a rigorous, routine 360 degree self-examination. I don’t mean the desire is completely missing, but intent and purpose are only real if they are seen; lived out in the world of people, not ideas and platitudes. (That’s why I used the word “apparent.”) As it has been said, “Show me your faith [what you believe or say you believe] by your works.” I have been shocked by this BSA blindspot, frankly. I know exactly what I would have done as the Chapter 11 paperwork was about to be filed, but I am not them and they are not me. Ok. I would have done it before or concurrent with Roger being hired, but that’s really easy to say with hindsight. PS - Could there be (is there?) a different thread that talks about specific things BSA could do to foster transformational change, to include specific things that streamline, simplify and help you do your work? Dunno. The ideas are sprinkled all over this forum. I should have started picking the low-hanging fruit when I started noticing it. My bad. I know many of you have little hope of that kind of change so may see it as not worth the effort, at this point.

Guten morgen! Look ⬆️!! See what that guy said who’s presently standing on my head. I genuinely covet your input. Many of you have had very astute observations over lo these many months and I am working to compile these ideas. I entreat thee, good countrypersons, please honor me by adding to my growing pile of theses. I am seeking 95. (Some of you get that.) Danke.

From the limited amount I know, evidence of: 1) Repeated, unrelenting browbeating about the Plan, including unwillingness to take “I’m voting ‘NO!’ for an answer, plus serial texts and emails; 2) Failure to communicate and/or be available; 3) BOLD “VOTE YES!” message on the face page of the e-ballot; 4) Failure to address direct questions about voting procedures and specific elements, like the opt-out and $3500 off ramp; and 5) In stark contrast, TK being readily available and supportive live via text and cellular telephonic device.

I’ve been doing a goodly amount of research on mass torts, including non-bankruptcy. At or very near the heart of the controversy is the inherent conflict present for attorneys representing more than one client who could - and very often do - end up having conflicting interests in the case. The bankruptcy context is recognized as an utter mess of conflicted representation and unsuitable forum for such cases. (This is a perfectly suited forum, however. I digress...) Then there’s the issue of third party funding and aggregators. Ack. The BSA Chapter 11, with AIS and the Coalition featured in the starring roles, will provide years of fodder for law review and other scholarly articles. I predict it will be studied long after I go down for a pedolithic night-night.

E.R. Being the Eisenberg Rothweiler firm. (Anyone else notice that autocorrect changes Ken’s surname to Rottweiler? I just report the news, I don’t make it.)

The motion being heard is E.R.'s effort to seal TK's deposition, specifically the clients' emails/texts/etc. The clients appeared to emphatically confirm they made clear, knowing and informed waivers of the attorney/client privilege. They were adamant they want the communications illustrating the browbeating and serial Plan support communications from E.R. to be made public. Does that explain it? Judge's issue went to whether the waiver was "sufficiently informed as to potential downsides." The clients made it clear it was. I bet she denies the motion to seal. My non-litigator's guess. Ruling will be tomorrow at a TBD hearing.

Oh, oh. Don't look know, but E.R. just got their hinder lit on FIRE. Two clients who consented to TK presenting their communications from E.R. with the court, unsealed and unredacted, just went live and addressed the court. Wow. "The roof. The roof. The roof is on FIRE!!"

I had an epiphany this morning. I know. Scary, coming from me. Here it is. BSA is an addict. It refuses to realize it has hit rock bottom. Therefore, it does not want to get help. It’s not ready. It thinks all will be well, once the evil bankruptcy monkey is exorcised from the backpack. It does not see nor welcome the Chapter 11 process as the reorganization and restructuring intervention opportunity it is. It will not go to rehab. It will not do a “searching and fearless moral inventory” of itself. It does not want to receive input from those who care and know what ails it. It will not admit it is “powerless over its addiction” to the past, its image, its ways, its mindset and its self-perception. It will not make a “list of those it has harmed or become willing to make amends,” much less “make direct amends wherever possible.” I could go on, but I’m going to fetch another cup of coffee and see if I can get a vision illuminating the path to my next big stock pick. Brb... PS - I am not only referring to survivors for that list of amends. I include you guys. Nothing on the stock yet. Still roasting beans.

Explain for the slow learner, please?

No. I had to find a source willing to give it to me. To answer my question, 27 pages. And, some of the sub-charts are very small, due to how deep and wide there are. Boy, howdy, but ain’t this one sure ‘nough high density skyscraper?! “I just adore a penthouse view, dah-ling...!”(Heart palpitations and a genteel nod to Zsa Zsa.) PS - Does this mean I have to turn in my Eagle Scout cufflinks? Mercy...

PS - Anyone who doesn’t know want to hazard a guess on how many full pages comprise the National org chart?

Question for Scouters: If you made a list of the top 5 things National needs to do to implement transformational change, what would be on it? No need to include elements of YPT. I would like to see if there is significant concurrence among you. From the list I’ve made, there are several elements that have been repeated many times by various of you over the 27 years I’ve been lurking. Thanks.

Fast forward to todays docket…

Ok. The collage is being filled in...note how the text is either faded back or in bold.

Ok. One down and I live to tell the tale. The only thing missing from that Sheldon Law Group infomercial - and I was waiting on the edge of my seat - was the backend pitch for a Ginsu Knife Set and/or a pair of Bass-O-Matics. “Call before midnight tonight and you’ll also receive 12 free ShamWows!! That’s right folks...!!” (NO offense to any survivor claimant represented by that law firm. I am merely reacting to the script and two actors who played concerned professionals on my laptop screen. Ack.)

This is one large piece of the ugly collage missing from my knowledge base. I do not have social media accounts (other than this enterprise, if it qualifies), nor do I watch television with commercials, if I can help it. Admittedly, I haven’t looked to find them, but does anyone have a handy link or three so I can take a peek? I will guard myself as I walk carefully into the den of Shelob and Aragog, aka the dark web of claims aggregation and mass tort gillnetting. Forgive me. Was that too strong? 🤔

If you’ve not listened to this, I highly recommend it. Although dated back to July, it is very meaningful. I recognize she doesn’t present a current depiction of YPT, so I know there will be objections. Suffer me or don’t listen. If you do, please make note of her comments about the work they are doing with insurance companies to create a standard for youth organizations to get insurance coverage for child sexual abuse liability. I know this organization well and met Marci virtually. She is the founder and CEO of CHILDUSA. She is a law professor with a Vanderbilt undergrad, two Penn State Masters and earned her JD from the University of Pennsylvania where she was Editor-in-Chief of the Law Review. I have pasted a link to the NPR interview, one to her bio and another to her Wiki page. https://dianerehm.org/audio/#/shows/2021-07-09/what-the-boy-scouts-settlement-says-about-justice-for-child-sex-abuse-victims/116455 https://childusa.org/management/ https://en.wikipedia.org/wiki/Marci_Hamilton

This was the number initially logged by the TCC back when. They have begged men to amend with additional data to supplement their initial filing, but I have no update on how many did so.

Yup.

Proofs of Claim are filed under penalty of perjury subject to a $500,000 fine, 5 years in the hoosegow or both. Also, they have malpractice insurance for the client.

This has several layers that need to be remembered: 1) 6165 POCs stated no date or date range; 2) 38,663 had no mention of LC or, to my understanding, identifying geographic markers to make the required connection; 3) Did every child get registered without out fail? My Unit was every which way and loose; 4) As stated by one of the LC attorneys, some of the paper rosters are like handling the Dead Sea Scrolls or worse. They turn to ash in your hands like so much magician’s flash paper; 5) No one thought such a record search would ever be needed to this degree and across the entire range of the organization; and 6) As stated many times, some of the claims are fraudulent and/or so badly mishandled on intake as to make them on the one hand facially invalid and on the other subject to exclusion. Any attorneys found to have improperly vetted otherwise valid claims should be disbarred, regardless if the claim can be cured.

Interesting look back... https://legalnewsline.com/stories/574366277-hearing-tomorrow-about-possibly-fraudulent-sexual-abuse-claims-against-boy-scouts

I know little about BSA’s boards or the functions of them. I can say I’ve been on 5 boards and advised another. Four non-profit, one for-profit and the advisory role was a non-profit. Among them, the greatest number of members on an executive board was 192, give or take. The next largest was an non-profit advisory board made up of big donors and political types. It had about 13 and they were titular, but looked swell on the letterhead. Guess which entity had the whopper? The permanent survivor seats need to be set at 1/10th of the board, IMNSHO. They should be competent and serious board members and there are many, many who would fit the bill and do an excellent job.

I’m not sure I can top that. It’s already a classic. I might frame it in memory of my life in the BSA Chapter 13 Pit of Despair. Still, I’m only mostly dead...there’s still time, however.