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Old 08-03-2012, 02:44 PM   #351
Thomas Davenport
 
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Re: Stop Anthos from Taking over CrossFit

I'm guessing that the VC folks would approve the purchase of a $700k plane, given the amount of travel Mr. Glassman does. Maybe Anthos is an improvement over the ex-wife, who has sued over such an acquisition.

Safe for work:

http://anthosandcrossfit.blogspot.com/

Might this also explain why Mrs. Glassman is inclined to accept Anthos' cash offer? HQ was allegedly having difficulties financing a $700,000 plane . . . .how would she have any confidence that HQ could afford payments to her in excess of $20M?

Last edited by Thomas Davenport : 08-03-2012 at 02:53 PM. Reason: forgot to add safe for work tag
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Old 08-03-2012, 03:38 PM   #352
Thomas Davenport
 
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Re: Stop Anthos from Taking over CrossFit

Posted by Russell Berger in response to the many requests for the terms of the offer from HQ/Mr. Glassman:

"There is a rule of evidence (408) that prohibits us disclosing that information right now. (http://www.law.cornell.edu/rules/fre/rule_408) I imagine it will soon be a matter of public record and I'll share a link to it here when that happens."

But, Mr. Berger does not accurately represent what that rule of evidence says.

Maybe Mr. Saran will correct him and point out that Rule 408 merely precludes the introduction into evidence in a legal proceeding of the offer to Mrs. Glassman. Rule 408 does not mean that the offer cannot be made public.
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Old 08-03-2012, 08:23 PM   #353
Tom Leigh
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Re: Stop Anthos from Taking over CrossFit

Interesting information...
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Old 08-03-2012, 10:25 PM   #354
Daniel Scarnecchia
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Re: Stop Anthos from Taking over CrossFit

Quote:
Originally Posted by Lynne Pitts View Post
Daniel,
This is your second post of insult and insinuation. Could you please tell us whether you're trolling and baiting, or if you're actually a genuine and honest individual who just "accidentally" keeps coming across as a troll?
Quote:
Originally Posted by Thomas Davenport View Post
I'm guessing that the VC folks would approve the purchase of a $700k plane, given the amount of travel Mr. Glassman does. Maybe Anthos is an improvement over the ex-wife, who has sued over such an acquisition.

Safe for work:

http://anthosandcrossfit.blogspot.com/

Might this also explain why Mrs. Glassman is inclined to accept Anthos' cash offer? HQ was allegedly having difficulties financing a $700,000 plane . . . .how would she have any confidence that HQ could afford payments to her in excess of $20M?
I apologize for the use of the term "unhinged." It was unnecessarily inflammatory. That said, the two counts over which Crossfit is being sued in the aforementioned suit are in fact "Breach of Fiduciary Duty." Now, I will grant that it is not related to the Anthos Capital buyout. However, you must allow that someone would eventually ask if this was a possibility, given the fact that Crossfit already stands accused of such behavior. Dale was kind enough to provide his perspective on it, and I'm certainly open to hearing other perspectives on the matter.

And as Thomas Davenport mentioned above, the suit also puts paid the idea that Crossfit, Inc was able to put together a credible counter offer to buy out Ms. Glassman's shares. These are facts that must be made public by Crossfit Inc, as they have asked the community to trust them on this matter. Let me state clearly that I have no reason to trust Ms. Glassman's perspective on this, nor do I really have a reason to trust Crossfit, Inc and Mr. Glassman, as they all in the end are conducting both business and other legal matters related to the Glassman's divorce, and presumably rational actors looking out for themselves. I doubt either of them wish to harm the community they've created or the crossfit brand either. However, in asking us to educate and inform ourselves, Crossfit Inc representatives gave us the responsibility to both ask tough questions and to ask for a reason to trust them.

If the trouble is simply the tone and tenor of my posts, then in the future I will attempt to pose the questions more gently and in a less leading fashion. However, if examining the facts and finding that I don't have enough information to make a judgement, or worse, perceiving a danger inherent in the course of action seemingly presented by HQ and asking for clarification is seen as trolling, then I will gladly show myself the door.
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Old 08-03-2012, 10:36 PM   #355
Jeff Martin
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Re: Stop Anthos from Taking over CrossFit

One of my long time trainers pointed out that our voice was missing here. Making a public statement is painful for Mikki and I, but not hard. As Greg stated, we met Bryan Kelly in May of 2011. What Greg did not know and in fact did not know until now is that as I left the meeting I said to Mikki “I pray Greg doesn't get caught up with this guy". He made my skin crawl, and his vision for CrossFit and the affiliates was counter to everything we have loved about CrossFit from the start. Everything Greg stated about that meeting is the truth. My wife and I have dedicated ourselves to bringing CrossFit to children across the world. We have nothing outside of this community, and have gladly dedicated ourselves wholly to it.
CrossFit makes people better. CrossFit Kids makes better people.
Let us continue doing what we do without outside influence. We love both Greg and Lauren , and are saddened by this turn of events. As godparents of their children, this is especially painful to us and an amicable solution is still our greatest wish. We are disappointed with the choice Lauren has made here, and it is clear to us that it is not the right path for CrossFit. We stand with Greg and this amazing community.

Jeff and Mikki
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Old 08-04-2012, 08:07 AM   #356
Larry Bruce
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Re: Stop Anthos from Taking over CrossFit

That is a beautiful statement by Jeff and Mikki that I believe carries a lot of weight. Am I right or wrong that affidavits of affiliates stating their identical preference would make a difference to the court?

The scene in Miracle on 42nd Street where Kris Kringle is declared to be Santa Clause because of the thousands of letters that are dumped on the judges's desk comes to mind. Although it wasn't the childrens hearts and minds that make the difference, it was the fact the Post Office considered Kris to be Santa of course. Though the thought of having the public turn against the judge also played a factor, perhaps a major one.

Would the intents and wishes of thousands of affiliates sworn into evidence carry any weight as a vital part of the business to a judge? I think they would or at least should!

Last edited by Larry Bruce : 08-04-2012 at 08:12 AM.
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Old 08-04-2012, 09:27 AM   #357
James W Moore
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Re: Stop Anthos from Taking over CrossFit

I completed my Level 1 and Kids certifications at Brand X. I have been coached by Jeff and Mikki and, more importantly, I've seen the fruits of their labor with my own eyes. If they get a bad feeling about the representation of Anthos, that's good enough for me.

What's not ok with me is being placed at the middle of something that should be kept private, namely the divorce of the founders of CrossFit. I'm not one of the elite athletes that most like to celebrate, but make no mistake, CrossFit didn't just change my life....it SAVED my life! The reverence I held for Greg and Lauren Glassman was nearly idealistic in its paternalism. I've gone from morbidly obese to a box owner and I owe this to the sacrifices both of them made from day 1.

I trust the leadership of CrossFit. I know that people are people and neither Coach Glassman or Lauren are perfect, but I'd prefer to let our leaders handle this and keep us out of the mess of it all.

I think the way Jeff handled his post was perfect. This validates the very negative reaction I had to the posting of the court papers. Nearly as unsettling was the way this thread began and the not so subtle inferernces made. I love and respect both the Glassmans for what they jointly created. The 100 or so CrossFitters i train and the trainers I employ do not want to think about things like this. They want to suffer with their friends day in and day out. If we really care about the affiliates, then do what must be done, but leave us neutral.

Just my two cents.
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Old 08-04-2012, 11:38 AM   #358
Rob Bousquet
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Re: Stop Anthos from Taking over CrossFit

I can't speak directly about Crossfit and Anthos situation but I have recently experinced a very similar thing with my business. I am a franchisee and the entire franchise got bought out almost 2 years ago. The main reason I got into the franchise is because I liked what they were doing and how it was run. When the buyout happened the new HQ told us they are here for us and it isn't going to change much but for the better. Since then almost everything has changed. The fees went up, we have to buy from their vender, they changed the rules and still are. Is that to say it is bad, not necessarliy but it is to me because we don't look like what we did when I got into it. And that is why I got into it in the first place. Many of the new franchisees are doing well but that is probably because they are in line with what is going on now. An organization that big doesn't care for the few of us that were already here if they are going to get 10x as many new franchisees.

I have been Crossfitting for 4 years and L1 cert., helping at my box and would love to have my own one day. But not if things are going to change. I trust HQ will not let it happen if possible.

I still suck at overhead squats so I will get back to practicing those!
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Old 08-04-2012, 09:02 PM   #359
Brian Mulvaney
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Re: Stop Anthos from Taking over CrossFit

Quote:
Originally Posted by Daniel Scarnecchia View Post
"...the suit also puts paid the idea that Crossfit, Inc was able to put together a credible counter offer to buy out Ms. Glassman's shares.
That is entirely false, Daniel. Firstly, it wasn't a "counter offer". CrossFit Inc. had a carefully negotiated agreement to purchase the ownership stake of Lauren Glassman that the company was led to believe was close to signature when a "definitive purchase agreement" with Anthos Capital was announced out of the blue. The circumstances behind the Anthos Capital agreement are now subject to litigation from CrossFit, Inc. that will soon become part of the public record.

Regarding the claim concerning the plane: CrossFit has been chartering a plane of the same type for some time and contracted to purchase an upgraded model in a highly tax advantaged transaction with a delayed delivery that was a slam dunk to the accountants. Lauren was aware of the transaction, had raised no objections prior to the claim, and shed tears of joy when informed of the plan to engage the commercial pilot husband of a close friend of the Glassmans to fly on behalf of CrossFit, Inc. The claim is factually incorrect and has been rebuffed twice by a Delaware judge. Dale will post details of the counter-claim.

The plane claim is not at all about the plane. It is a naked power play by Anthos Capital + Bergeson LLP + Lauren Glassman to put CrossFit, Inc. into a state of corporate deadlock and get the Delaware Court of Chancery to order a remedy such as a provisional director or a custodian to supervise a company dissolution. The move here was intended to put maximal pressure on Greg Glassman to acquiesce to a restructuring of CrossFit, Inc. with Anthos Capital as co-owner. What has actually been put paid is the notion that Anthos Capital is anything other than a corporate raider pretending to be a hands off investor.

Last edited by Brian Mulvaney : 08-04-2012 at 09:14 PM.
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Old 08-04-2012, 09:47 PM   #360
David Wisniewski
 
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Re: Stop Anthos from Taking over CrossFit

Quote:
Originally Posted by Thomas Davenport View Post
Posted by Russell Berger in response to the many requests for the terms of the offer from HQ/Mr. Glassman:

"There is a rule of evidence (408) that prohibits us disclosing that information right now. (http://www.law.cornell.edu/rules/fre/rule_408) I imagine it will soon be a matter of public record and I'll share a link to it here when that happens."

But, Mr. Berger does not accurately represent what that rule of evidence says.

Maybe Mr. Saran will correct him and point out that Rule 408 merely precludes the introduction into evidence in a legal proceeding of the offer to Mrs. Glassman. Rule 408 does not mean that the offer cannot be made public.
You are correct Mr. Davenport. FRE 408 only applies to what happens in a federal court filing or during a federal court proceeding (as an aside, Mrs. Glassman's complaint was filed in DE state chancery court, not federal and there does not seem to be any federal court action filed so FRE 408 is inapplicable). People not familiar with the rules of evidence frequently cite 408 (and similar state rules of evidence) in an attempt to confuse/mislead people in an attempt to avoid making something public when they do not have a legitimate reason for not doing so.
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