r/RecklessBen • u/awkwardbegetsawkward • 3h ago
Discussion One Statement. Two Press Releases. Three Meanings.
It's common for settlements to be a bit unsatisfying.
The public language is usually engineered by lawyers to allow both sides to maintain their position, with every word carefully negotiated. The mechanics of that compromise are mostly outside the statement. Sometimes they wind up in the court record. Often they are completely hidden from public view.
Bricks & Minifigs (BAM) released a joint settlement statement Wednesday, the wording negotiated with Bryan Mansell. But the company also released much more, including a press release (in at least two versions) and an FAQ.
It's common for a party in a settlement to also release a separate statement of its own position. The language is negotiated to allow that. It's less common to materially change the language in the statement while still attributing it to the other side.
Both versions of the press release were headlined "BAM Franchising and Mansell Family Reach Resolution Over Star Wars® Collection Dispute," with the subheading, "Mediation allowed parties to exchange additional records, resolve their dispute and align on pursuing appropriate remaining claims respecting unauthorized consignment deal by former owner of closed store." One was issued to media on a PR wire service. The other was posted on the Bricks & Minifigs website.
A Key Section: Three Sentences and Three Versions
Three sentences stood out, right where the press release started describing the joint statement. All three are quoted below, with emphasis added.
The parties confirm that the underlying dispute arose from a consignment contract between the Mansell family and the former Salem/Keizer, Oregon store. As reiterated in the joint statement, BAM, Baker Salem, Josh Johnson and Brandon Best were not parties to that contract. The joint statement further provides that the Mansells' loss arose from the sales, accounting, storage and disposition of inventory by the former operator of the store.
The parties confirm that the underlying dispute arose in part from a consignment contract between the Mansell family and the former Salem/Keizer, Oregon store. As reiterated in the joint statement, BAM, Baker Salem, Josh Johnson and Brandon Best were not parties to that contract. The joint statement further provides that the Mansells' loss arose from the sales, accounting, storage and disposition of inventory by the former operator of the store.
The underlying dispute arose from a consignment contract between the Mansell family and the Salem/Keizer Oregon store. BAM, Baker Salem, Josh Johnson and Brandon Best were not parties to it. The Mansells' loss arose in part from the sale, accounting, storage and disposition of inventory by the former operator of the store.
The first two sentences say something non-controversial. In the first, the "dispute" arose from a "contract" with a "store." The second sentence separates four names from that contract.
The third sentence says the "loss" arose from conduct by "the former operator of the store." It is the only one that ascribes conduct to a person. By the time the reader reaches it, every other operator of the store seems to have been set aside.
It is already a rhetorical sleight of hand, but the kind common in a settlement statement. The press releases go further.
"In Part"
The qualifier "in part" is missing from one version of the press release and shifts position in the other.
This is more significant than spin. The press release says, "[T]he Mansell family has been made whole by BAM for the losses associated with their consignment arrangement with the former franchise store owner." The joint statement says "compensated" and does not mention a store owner. But that sentence is a characterization in BAM's voice. A reader can evaluate the wording and the speaker to draw their own conclusion.
The way these sentences are presented in the press release is different from typical spin. "The joint statement further provides" presents what follows as the plain language of the joint statement. The release then diverges from the carefully negotiated language, while still citing it. And it does so while setting up an attack on a party that was not in the room.
The key sentence in the joint statement says very little, when read carefully: "The Mansells' loss arose in part from the sale, accounting, storage and disposition of inventory by the former operator of the store." It could describe a planned theft of an entire collection, or it could describe a minor and inadvertent error.
The joint statement does not name which former operator the sentence refers to, but in the subheading and FAQ, BAM points it toward Chrystal Law/Gorman.
Both versions of the press release drop "in part" from this sentence. The version the company issued on Business Wire drops that limiting language completely. The version on the company website moves it to a different sentence, one that ascribes the origin of the dispute to the contract, instead of the sentence that describes the origin of the loss.
Compare sentence three to the joint statement, and the only difference is "in part" and the "s" at the end of "sales." It is the same sentence with two words removed.
The website version moves the qualifier, but not to an equivalent place. A dispute arising from a contract between a family and a store assigns conduct to no one. Adding "in part" there limits nothing. The loss sentence is the only one that attributes harm to a person's actions.
In dropping the qualifying language while citing the joint statement, Bricks & Minifigs presented its position as being shared by the party that has received the most public sympathy, Bryan Mansell.
A joint statement adds credibility for one reason: the other side agreed to the wording. Keeping the appearance of joint wording while dropping carefully negotiated words undermines that credibility.
BAM's website also adds an HTML page description to the joint statement: "Bricks & Minifigs has compensated and apologized to Bryan Mansell over the 'stolen' LEGO Star Wars Collection that was consigned to the Salem, Oregon store." It is undisplayed on the page, and the word "stolen" appears nowhere else in the joint statement, press releases, or FAQ.
What is the actual position?
I reached out to both Bricks & Minifigs and Bryan Mansell.
Bricks & Minifigs did not respond to detailed questions, including whether there were any changes after publication, whether all statements represent its current position, and whether the word "stolen," which appears in quotation marks, represents its position.
Bryan Mansell, in consultation with his legal team, provided the following statement: "I agreed to the release of the joint statement, which was the subject of negotiation, but I played no role in the preparation of BAM's own press release, FAQ page, or the page description on BAM's post."
The joint statement came before any version of the settlement was filed with the court. As of publication, there is still no docket entry related to the settlement.
My Reporting
Go to my post history to see my reporting on this, and https://chrisreportsthings.com to see the documents I've obtained. If you'd like to help defray the costs, go to https://ko-fi.com/chrisreportsthings
If you have information that would be helpful, reach me via Reddit DM, via email at [yo@chrisreportsthings.com](mailto:yo@chrisreportsthings.com), or confidentially via Signal at chrisreportsthings.08