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CONFIDENTIAL AND PRIVILEGED

Important and Timely - Address Immediately

Re: Memo

Dear Garfield,

Thank you for seeking legal counsel in this matter. After carefully reading the letter from Attorney Daniel Cheatem, it appears that in the best interest of the corps we should pursue other outlets than shortening this season’s summer tour to possibly shrink our projected outlays. What I found striking about the response, however, was the following portion of paragraph seven:

“While we call into question the validity of their potential claims, we cannot deny the research or evidence on which it's based. As such our opinion is that substantial legal fees may be incurred in defending against the suit even while final outcome is not at all certain. Further, litigation could easily run into the following marching season, bringing into light the potential reputational damage, and effect on recruiting, that may result from the suit. We estimate that settling the case would be the best immediate option should the claim is made…”

This indicates that even if there was a probability of us winning any suite brought against the organization, the financial cost of the litigation itself, even if we won the case, would be greater than the savings we would reap through shortening the tour resulting in a financial loss. In that vein, I find the issue of us not defending or giving into the potential threat of even a very frivolous suit, due to the enormous cost of litigation, to be a frightening prospect for the future of any organization like ours engaging in the competitive drum corps or winter guard environment. That said…

We will not shorten the summer tour for this season. However, prior to announcing any 2015 plans I will directly speak with all staff, and create subsequent staff regulations, to make sure that after this upcoming tour there will no longer be any indication, direct, implied, or otherwise, that any future tour will last a ‘full summer season’ until we know the funding is available for such an announcement. I also respectfully request that prior to any announcements concerning the 2015 season plans, the Board again confer with legal counsel to make sure all written information on our website, Facebook, auto-generated emails and other communications, and all soft/hard copy materials we have available for future seasons and future tours reflect the same.

Respectfully,

Stu

Edited by Stu
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Things beyond your control always occur. And no amount of planning and preparation can eliminate all risk of income dropping or projected revenue not appearing. So, what if:

Board meeting at XYZ corps and you are a member of the Board. The corps has planned a full national tour with 140 kids, 24 staff, four buses, 2 semi-trucks, you get the drift. Auditions and camps are well underway when in February the following is announced in the Board meeting by the corps administration: “The projected funding has not materialized; we have applied for multiple grants, engaged in other funding measures even outside of our bingo; we are pounding the pavement hours on eand to increase our revenue. Nevertheless, we have only hit 74% of what we need by this Feb juncture and the efforts to compensate are looking bleak. We will continue to try seeking out other resources but that will take time with no guarantees. The good news is that we are currently in the black. And we do have an emergency pool; but that is, well, in case of an emergency which is also in a restricted account. Moreover, even if we unlocked that account according to our figures we would still be way in the red after Finals in August”.

Question for anyone on DCP: What would you do? Risk what happened to Teal Sound? Risk what happened to Glassmen? Or would you do what you could to increase revenue while also finding ways to cut expenditures to stay in the black?

In 2014, 4th of July encompasses a three day weekend allowing for many parade opportunities all over the country.

Many corps do 3, 4 or 5 in one day alone and still have to turn down invitations.

Most parades are clustered within certain areas so units can go from parade to parade, and there are many clustered areas within reasonable distances of each other.

If the corps is from 100 to close to full size, split the corps equally in half sending each half on their merry way; thus doubling the income. If the staff complains it cuts into field show rehearsal time, ask for their credit card number to place the bus bill on it.

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The corps could save save some money by firing their attorneys, who clearly don't know the difference between "council" and "counsel".

;)

***Immediate Opening ***

WANTED - Legal Secretary

Long hours, hard work, little recognition, minimum wage.

Apply in person only.

Dewey, Cheatem, and Howe, LPA

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When do the space aliens enter this scenario and abduct the corps' equipment manager? How about a terrorist group's use of one of the bass drums as a dirty bomb?

Revealing confidential and privileged details about the Fictitious show design will invite contact from Dewey, Cheatem, and Howe.

:tounge2:

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When do the space aliens enter this scenario and abduct the corps' equipment manager? How about a terrorist group's use of one of the bass drums as a dirty bomb?

hold on, I'm waiting for stu to announce he has entered the race to run for Director of DCI, and which PACS will be funding his election bid

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Having fun with this thread; great! Have a ball, and as long as the mods do not shut it down anyone is free to post anything they like. But if you choose to make fun of this thread; just realize that even though this thread uses a hypothetical fictitious corps, the subject matter contained herein directly relates to real-life issues which caused the demise of Teal Sound, the Glassmen, Revolution, Forte, the new VK, and all of the other corps which have not looked out for the business side of the situation. And this thread was intended to be sort of a fun exercise in examining why many corps do unintentionally go into the red and fold; and to do this in a manner where we could place ourselves into the board room of this fictitious corps, bounce around ideas, and how we could learn from this exercise how tough the business side really is especially for musicians, artists, and band directors. But alas, maybe I expect too much from many who post here to have fun without making fun while engage in such a thread.

Edited by Stu
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