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Old 09-04-2012, 03:16 PM   #1
Russell Berger
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Anthos vs. CrossFit update

Tomorrow, respective counsel for CrossFit, Inc., Greg Glassman, and Lauren Jenai Glassman will meet in Arizona divorce court in front of a Judge who may resolve some of the unanswered questions of this case. CrossFit Inc. has also filed in the Delaware Court of Chancery a request for a temporary restraining order on Lauren’s attempted sale to Anthos. (http://www.scribd.com/doc/104644650/...RO-Anthos-Sale) WFS

CrossFit holds that as a co-owner of CrossFit, Lauren breached her fiduciary duties to the company by providing confidential company documents to third-parties during the brokering of her deal with Bryan Kelly. Lauren’s counsel admits that she shared confidential information with Anthos.

In order to pursue its claim, CrossFit has requested documentation related to the Lauren’s agreement to sell to Anthos and documented conversations between these parties and her counsel, Bergeson, LLP.

Lauren’s counsel has agreed to share some documents, but refuses to produce some conversations that occurred between April 30, 2012 and June 14, 2012 (the period during which Lauren and Anthos negotiated the terms of their agreement) on the grounds of a common business interest privilege with Anthos.

Lauren’s counsel also refuses to share documents that they describe as pertaining to "Anthos’ plans for CrossFit."
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Old 09-04-2012, 08:33 PM   #2
John C Corona
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Re: Anthos vs. CrossFit update

man I hope G. Glassman uses them 10 facets of fitness to whoop dat ***. Thanks for the update.
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Last edited by John C Corona : 09-04-2012 at 08:37 PM.
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Old 09-05-2012, 12:41 AM   #3
Tom Nguyen
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Re: Anthos vs. CrossFit update

Most interesting tidbits in that document:

Page. 27- crossfit staff sending threatening text messages to Bryan Kelly. Nice

Page 41- announcement of anthos deal derailed potential blockbuster technology deal for crossfit and a company on the scale of Apple or Intel....
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Old 09-05-2012, 04:31 AM   #4
Jeff Enge
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Re: Anthos vs. CrossFit update

Looks like Mr. Mulvaney forgot to put "Privileged and Confidential" in that text message...
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Old 09-06-2012, 11:08 AM   #5
Russell Berger
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Re: Anthos vs. CrossFit update

Yesterday the divorce court in Yavapai County heard Lauren's interlocutory motion to split the single stock certificate, jointly held by Greg and Lauren, into two separate sets of shares, prior to the final adjudication of the divorce. Also pending before the judge was a motion by CrossFit, Inc., to be joined to the divorce action so that it could be heard as a party in interest, given the ramifications of a sale to Anthos on CrossFit's employees, licensees (the Affiliates), business partners (from the SMEs on out to Reebok), as well as CrossFit's corporate structure and tax liabilities.

The judge heard oral argument on Lauren's motion and then agreed to at least allow the motion to intervene by CrossFit to be submitted and heard by the Court on an accelerated briefing and reply schedule. Oral argument has not yet been scheduled.
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Old 09-07-2012, 03:44 PM   #6
Michael McMahon
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Re: Anthos vs. CrossFit update

In reading the shortened version of the issue of crossfit vs. Anthos/ex-wife I do have to throw the BS flag on the claim by Glassman that everything that went into crossfit was his idea. Come on, really? No one tried timed circuits before that? No one used oly lifts & sprinting together before him? Making such a claim seems more than a little arrogant and in my opinion damages his credibility somewhat in light of such a fanciful and outrageous claim.

Just my thoughts
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Old 09-07-2012, 04:03 PM   #7
Russell Berger
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Re: Anthos vs. CrossFit update

Quote:
Originally Posted by Michael McMahon View Post
In reading the shortened version of the issue of crossfit vs. Anthos/ex-wife I do have to throw the BS flag on the claim by Glassman that everything that went into crossfit was his idea. Come on, really? No one tried timed circuits before that? No one used oly lifts & sprinting together before him? Making such a claim seems more than a little arrogant and in my opinion damages his credibility somewhat in light of such a fanciful and outrageous claim.

Just my thoughts
Michael,
While important, your argument is irrelevant to the Anthos vs. CrossFit situation. If the subject of CrossFit's originality is that important to you I'd start a new thread in another section of this board to discuss it. To get you started though, I'm going to point out Greg Glassman has never made the claim you're arguing against, so if you do want to start that thread and think I'm mistaken, you should offer a reference.
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Old 09-07-2012, 09:56 PM   #8
Michael McCoy.
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Smile Re: Anthos vs. CrossFit update

Thanks for the update Russell. Much appreciated.
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Old 09-08-2012, 09:57 AM   #9
Chris Mason
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Re: Anthos vs. CrossFit update

You know, sometimes I really feel down about humanity. People are so damn vindictive and vengeful. What Mrs. Glassman is doing is motivated purely by anger and greed in my opinion. Yes, sure, the argument can be made she should be able to do what she wants etc., but she could make out like a bandit and not hurt CrossFit and its thousands of affiliates not to mention the entire HQ staff and her ex in the process, yet she has willfully chosen a different path. No one is perfect, myself included, but at some point you have to make choices and especially when the right choice is still incredibly beneficial to you (to the tune of making millions of dollars), why not make it?
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Old 09-08-2012, 02:55 PM   #10
Steve Serrano
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Re: Anthos vs. CrossFit update

We’ve watched CrossFit grow rapidly and continuously over the last decade, outperforming so many corporations in these difficult times. While it’s understandable that the idiosyncrasies of CrossFit’s corporate management style may not be perfect for everyone, the alternatives resulting from a Glassman/CrossFit vs. Glassman/Anthos court action are far worse.

If venture capitalists are allowed to achieve the ownership that they seek, CrossFit will be changed in a way that prioritizes a profit driven, less personal and much less professional application of a superior training method. Those of us who have worked hard and learned over the years (in our case, almost seven) to develop our boxes will find our businesses significantly impacted. Maybe not immediately, but negative change will come.

Many CF’ers have no reason to concern themselves with this looming change. Their ability to workout may not be affected (unless a VC-partner-affected website starts charging for access). Affiliate owners, on the other hand, need to be aware of the potential compulsory changes to their practices. Many have reserved opinion due to a lack of tangible evidence on these boards, that’s understandable. If you want to get an idea of the type of hostile takeover attempt that is being initiated in the Arizona and Delaware courts and how it might affect your business you should take a good look at the documents in the previously posted link: http://www.scribd.com/doc/104644650/...RO-Anthos-Sale (SFW).

If the sale is allowed to take place, our box, with a wide variety of athletes, will be negatively impacted. They want nothing to do with outside entities “offering” or forcing us (via unilateral changes to our affiliate agreements) to alter our business model. Our affiliate’s trainers and involved allied health professionals: yoga instructor, physical therapist and massage therapist have all worked hard to arrive at a small but effective working model that supports our athletes in a great range of their athletic accomplishments. We’ve passed on several friendly and less wise attempts to “monetize” our box. We don’t want or need this one either.

We haven’t been operating as long as some (we’re around the 48th affiliate) but what experience we have has given us a well-developed concept of the type of business autonomy we want and the type of community we want to be a part of. We are blessed to have achieved what we have and are grateful for the support of CF HQ and their staff. We just want to run a box, and not have to cater to some dilettante-silver-spoon kid’s idea of what he thinks is good for CrossFit. If the V.C.’s really want to support us and do all the warm, fuzzy stuff they’re maintaining they’ll do, they can give up a couple percent of that other half of ownership.

This poorly planned sale and attempted takeover are BS. It may be a remote possibility but if Greg and his crew go, we go.
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