don’t want looked into. So maybe they settle. That’s what Knowland does. Purely a lawyer’s decision. No admission of anything. Confidentiality rules. No investigation that means anything. And all of this is months down the road.”
Wesley said, “At what cost? How much?”
“Less than what you were talking about. Twenty to fifty thousand for someone who’s hospitalized. And if, God forbid, there’s something else, a half million, a million, tops two or three. Historically, that’s what it’s been.”
Tom said, “Something’s not clear. Aren’t there inspectors crawling all over the plant? Why don’t they do the recall and shut it down?”
Louise felt high as a kite. Meeting a twenty-five-year-old bartender as horny as she or a delivery boy with unlimited stamina also made her feel this way. She heard her voice, symphonic, in the distance.
“They don’t have the power. The system is built the American way. It’s there to protect the industry as well as the people who eat the meat and do the work. We are not Communists here. If you want to take a plant off line, or do practically anything else, you have to report it up the chain. And that’s when things slow down. Reports get lost. Reviews take time. There are always appeals. You want to know about recalls? The entire Department of Agriculture cannot order a recall. All they can do is recommend.”
Nathan, suddenly back from the dead, joyously barked: “You know what? This is the greatest country on earth.”
Louise reached into the spread of notes. “Let me read you something. It’s from the New York Times. This is purely mainstream.” She held up a printout. “It’s about a plant called Shapiro, similar to Knowland. Dozens and dozens of violations. Nobody lifted a finger. Inspectors everywhere. All of them know what’s going on, but they also know the law. They know they can’t do a thing. This is a quote from several inspection reports. They wrote this over and over: ‘Preventative measures not implemented and/or not effective.’ Do you follow that? What does that mean? Nothing. It’s not supposed to.”
Louise beamed at her colleagues. “Until 1992 nobody thought E. coli could kill. Then a couple of people died from eating Jack in the Box hamburgers. That’s a fast food chain on the west coast. After that they tweaked the system. Passed some regulations. All of which led to what? The rates of E. coli did not change and life goes on.”
Tom said, “This is great to hear. But where does it get us?”
“The inspection system is set up to fail,” Louise said. “Imagine the worst does happen. People go to the hospital. Maybe one or two succumb. It was bound to happen. And everyone’s exposed. The industry, the government agencies, politicians, whatever. The general trend is to cover it up and make it go away. Some people, a couple of liberal papers perhaps, show a little interest. Otherwise, what happens? Cable and the networks march along. They take the message they’re given and work it. What I’m saying is that as a practical matter, we may find that moving ahead need not impose prohibitive risks.”
Nathan said, “We keep the plant running?”
“I’m not saying that, Nathan. That’s something I cannot say, especially after hearing Dr. Roy. That’s not a decision I want to make. I’m saying that if you decide to go that route, there may be ways to manage it. I’m not saying it will be easy. We’ll have a lot of mountains to move. But as a practical matter…”
Tom said, “Thank you, Louise. Frankly that’s more good news than I expected.” Then he sat back, fingertips touching.
“As I see it,” said Tom, “we have three options. First, we can advise Second Houston to recall its ground beef and then postpone or cancel the IPO, with all the consequences Wesley has outlined. Second, we can advise Second Houston to say nothing about any bad meat already out there, hope it takes weeks for the stink to reach Knowland, if it does at all, go forward on our end with the IPO, and deal with adverse effects later on. These will include exposure to Alliance, Second Houston, and potentially to us, in terms of the clients we put into this, and perhaps the value of our own warrants and options down the line. Third and finally, we can advise Second Houston to go forward, to publicly deny any responsibility for anything, and to settle claims on a confidential basis following advice of counsel. We move our clients in and out of both Second Houston and Alliance a bit more quickly than we planned. Simultaneously, Louise starts working now to position the following message: meat packing is not a pretty business, and it’s absolutely un-American to scapegoat one company out of many.”
Nathan said, “What happens to the price of meat?”
Louise said, “I’d expect a hit to the industry. But it shouldn’t last very long. I think we’d see some short-term losses, but no lasting damage. Obviously there are no guarantees.”
Wesley said, “I can’t think of anything else. One puts us dead in the water. Two puts us waiting to die. Option three gives us a working shot. All we need is a little nerve.”
Tom said, “There’s one more point that should be made. By allowing this IPO to move forward without disclosing what we know, we are in violation of statute. I’m not suggesting we let that taint our judgment. I just want to have it clearly said, because it’s a part of the picture.”
Tom Maloney’s job as Senior Vice President of Mergers amp; Acquisitions meant he would be the point man for such a deception. He hadn’t reached these lofty heights by being stymied by bad news. He calculated the odds of success in his mind, looked at Nathan, and nodded in agreement. Wesley Pitts watched Tom’s eyes and immediately signaled his support. Only Louise, whose analysis led to the third option in the first place, seemed to hesitate. “Dr. Roy said ‘people will die.’ People will die,” said Louise.
“People die every day, Louise,” Tom said.
“Like this?” she asked.
Wesley Pitts said, “Remember the natural gas deal we had two years ago? They had a labor problem that held the whole thing up for weeks. When they sent me their plan, do you remember what it said?” He was talking directly to Louise and he waited for an answer. He knew she remembered, but he wanted to hear it out loud. Finally, she said, “Yes, I remember.”
“Two million dollars and two lives,” Pitts said. “Two million and two lives.”
“There’s a budget for everything, Louise,” said Nathan.
“I know,” she said, “I know. But what if Dr. Roy’s worst case scenario emerges from this? A lot of people could die. What do we do then?”
“Not going to happen,” Nathan said. “And what about our people? What happens to all the people who depend on this firm? We get hurt. We get hurt bad. What do you say to the guy in our Seattle office who’s got two kids in college? Or the young hotshot in Chicago who just turned down a job at Merrill or Morgan Stanley because he’s confident his future is here, with us, with Stein, Gelb, Hector amp; Wills? We have people all over the country like that. For more than seventy years our people have trusted their management. That’s not going to change on my watch.” Nathan stood and waved his arms around as if the act of doing so enabled him to take the entire company and hold it to his breast. “What about all these people right here in New York, right here in this building, on this floor, outside that door? What do we say to them if, today, we make a decision in this room that brings the kind of results Wes talked about?”
Tom Maloney, much to his surprise, choked up. He hadn’t heard Nathan talk like that in years. He was reminded of how he once admired the man. Wesley Pitts paid no attention at all to what Nathan just said. It seemed he’d heard that kind of crap from dozens of coaches all his life. He did, however, sense the thrill of victory. “The kind of results Wes talked about.” Those were Nathan’s words.
Louise Hollingsworth looked at Nathan Stein. She knew he trusted her, relied on the opinions she offered, and demanded unanimous consent for a move like this. Option three was hers. She felt the pressure to support it like rocks stacked on her chest.
“Okay,” she said. And with that simple, single word, all doubt vanished from her mind. Her energies were already concentrated on success.
“Sell this,” Nathan demanded.
“I’ll call Billy Mac,” Tom said.
“Call Hopman too,” said Nathan.
Houston
