by Nic Tatano
The lights dimmed and a tall, dark-haired magician who looked to be about thirty came out on stage and introduced himself. He gestured toward the side. “And please welcome my wonderful magician’s assistant, Deborah!” The audience clapped but no one appeared. “Hold on a moment.” He moved toward the side, listened to someone behind the curtain and shook his head. “Well, how am I supposed to perform without an assistant? All right, I suppose that will have to do as we have no other choice.” He moved back toward the center. “It appears my assistant has quit and run off with one of our stagehands. Apparently the spell I had over her wore off. Must have been that knock-off love potion I bought off the street in Times Square. However, the show must go on so I will need a volunteer from the audience. Now don’t be afraid, all the magician’s assistant has to do is stand next to me and look pretty, thereby distracting you from what I’m doing. A little matter of misdirection.” He scanned the crowd. “Let’s see…who has a look that will distract the audience?” He pointed at an overweight old bald man in the second row. “How about you, Sir?”
The crowd laughed as the man shook his head.
“Probably just as well,” said the magician. “The costume was not a good color for him.” He looked around again, then locked onto Tish. “Ah, I see someone who would be perfect. Come on up, young lady.”
She shook her head and put up her hands. “No, really—”
Spence put his hand on her shoulder. “Go, it’ll be fun. Trust me.”
“Well, okay.” She got up to a round of applause.
The magician took her hand and led her on stage. “So, what’s my new assistant’s name?”
“Tish.”
“Well, Tish, thank you for volunteering. Now if you’ll go behind the curtain our stagehand will lead you to a dressing room where you can get into costume—”
A look of fear instantly washed over her face. She backed up a step and put her hands up. “Whoa, you didn’t say anything about a costume.”
“I most certainly did when I told the gentleman he would not look good in it.”
“I thought you were making a joke.”
“You must learn to pay attention if you are to assist me. You cannot simply stand there and look stunning. Your date may let you get away with that and be powerless to resist you, but that is not the case with me.”
She blushed at the compliment, then looked at Spence. He nodded and gave her a thumbs up, then yelled, “He’s right!”
The crowd roared, then egged her on. “Well, okay. But nothing too skimpy.”
“Of course not. Now go change and I’ll do a few tricks till you return.”
The red rhinestone costume wasn’t skimpy but it did show more leg than Tish ever had as the hemline ended six inches above the knee. She teetered across the stage atop four inch heels to a round of applause, noting Spence was wearing a big smile.
The magician took her hands. “Please welcome my assistant, the lovely Tish!” The crowd applauded as she smiled and curtsied. “Now, here’s all you need to do. While I’m doing tricks, you need to stand nearby and simply wave your hands like a game show hostess and smile. Remember, all you have to do is distract the crowd. Got it?”
She nodded. “I’ll try.”
“Of course I will saw you in half later, and then you might not be smiling. Only kidding!” He started his first trick and gave her a nod, as she began doing her best impression of Vanna White.
Spence was looking at her, not the magician.
An hour later she emerged from the dressing room back in her own clothes, finding her date talking to the magician. Spence looked up and smiled. “Here she is. Hey, you were terrific.”
The magician nodded. “Yes, you did a great job. Thank you for being part of the show tonight. You’re a good sport.”
She laughed a bit. “All I did was stand there, wave my hands and get sawed in half.”
“But you did it very well,” said the magician. He reached into his pocket, pulled out an envelope and handed it to her. “With our thanks.”
“What’s this?”
“Your invitation to come back for dinner and a show on us. I suggest you come during the Christmas season, as that’s when we have all the new tricks.”
“Thank you, we’d love to.”
“Good, we look forward to seeing you again. Are you two married?”
“Just started dating,” said Spence.
The magician shook their hands. “Ah. Well, you look like a couple. Enjoy the rest of your evening. And thanks again.”
Tish pointed at the curb before they turned onto Madison’s street. “Pull over here.”
“Huh? Isn’t your friend’s house around the corner?”
“It is. Now don’t laugh, but my other friend who lives across the street from Madison spied on us last time.”
He pulled over and parked. “You gotta be kidding.”
“Nope. It’s one of her quirks.”
“So…uh…what exactly did she see?”
Tish blushed a bit. “Let’s just say she considered the goodnight kiss you gave me on the front porch a tonsillectomy.”
Now it was his turn to blush. “Well, y’know, you started the whole thing in the car. What was I supposed to do? Walk you to the front door and shake your hand?”
“I’m not complaining. Just warning you that Big Sister is probably watching. And since I wanted to spend some time talking before we say goodnight I thought it best to park here.”
He flashed a sly grin. “So you wanna talk?”
“For now. There was something I’ve been meaning to ask you.”
“This sounds serious.”
“Not really. I don’t know that much about you yet. I wanted to know if you like cats.”
“Cats? Sure, why?”
“As you saw earlier I have a cat and I know a lot of men hate them.”
“Nah, they’re cool and independent. Smart as hell. And there’s a neighbor’s cat that comes to visit me pretty often. I give her treats and play with her. Funny, my partner says I need to get my own cat, so once I get a few of my big cases out of the way I’m going to a shelter to adopt one. We always had cats when I was a kid and since I live alone it would be nice to have a furry companion.”
“Well, good.”
“So what’s the deal, if I said I hated cats you wouldn’t want to go out with me anymore?”
“Not at all. Just curious. But I am pretty attached to my cat and it would be nice if the guy I’m seeing liked her.”
“Well, if you want proof…” He reached to the back seat and pulled out a bag from a pet store filled with cat treats. “Here you go.”
“That’s really sweet of you to buy stuff for someone else’s pet.”
He shrugged. “Hey, she’s a nice cat. So, what else you want to know? Giants or Jets? Mets or Yankees?”
“Nah, that’s it for now.” She turned so she was facing him. “I really enjoyed tonight. A lot more fun than just dinner and a movie.”
He turned as well. “And you got to be part of the show.”
“Yeah, wasn’t expecting that.”
“Well, I did warn you about sitting in the front row.”
“That you did.”
“But you looked like you enjoyed the hell out of it. Being the magician’s assistant.”
“I did. Except for the costume.”
“What was wrong with the costume?”
“I’m pretty modest, and as you probably noticed I dress very conservative. It was a bit… revealing.”
He laughed a bit. “Compared to my date at the wedding, I don’t think so.”
“A string bikini would be modest compared to your date at the wedding.”
“Very true. But I don’t think the costume was revealing at all.”
“You really don’t think it was too skimpy?”
“Not at all. Though it did serve a purpose.”
“Huh?”
“I found out you’ve got killer legs.”
> Her face flushed. “I’m nothing special.”
“I strongly disagree. And you need to learn how to take a compliment, young lady. Damn, you blush every time I say something nice to you.” He reached over and removed her glasses. “And speaking of compliments, whoa.”
“Again with the whoa.”
“Can’t help it. Your eyes truly are amazing. I could get lost in them. They deserve a whoa.”
“You’re so sweet to me.”
“Now if there’s nothing else you need to know about me or cats or skimpy costumes and you’re done with this line of questioning, I’d really like to kiss you.”
An hour later their lips parted and Tish got a devilish look in her eyes. “Hey, you wanna have some fun?”
“Depends on what you have in mind. But I thought we were already having fun.”
“We are, but this is something different. Pull around to the house, walk me to the door and shake my hand.”
“Okay…why?”
“Because Rory is watching and I wanna yank her chain.”
“You have a devious mind, Tish McKenna. But I like it.”
He started the car, pulled around the corner and parked in front of Madison’s house. He got out and opened the door for Tish. She stole a glance across the street and saw the curtains move. She lowered her voice to a whisper. “She’s watching.”
They turned and headed toward the house. “Seriously? She actually waits up for you like a parent?”
“Yep. Okay, remember, make a big to-do about the handshake. And speak up so she can hear. She’s got the window open.”
“You got it.” They arrived at the front door and he turned to face her.
She raised her voice a bit. “I had a really nice time, Mister Capshaw.”
“Me too. Well, good night Miss McKenna. It was pleasant dining with you this evening.” He extended his hand and she shook it.
And then they heard Rory’s voice. “Oh, give me a friggin’ break.” She looked over at Rory’s house just in time to see the window slam shut and the curtains close.
They both laughed hysterically, then Spence reached into his pocket and pulled out a handkerchief. He twisted the porch light bulb until it went out, then took her in his arms. “Now, where were we?”
CHAPTER ELEVEN
Tish placed a legal pad filled with notes on the conference room table as she took a seat next to her client. “Okay, Cynthia, I’m going to file the lawsuit today.”
“I think the word is already out.”
“Yeah, it’s been in the papers for a while and the negative publicity works in our favor. But from now on, I want you to be careful who you talk to. Don’t say anything about this case to friends, neighbors, and especially your former co-workers. You may think you can trust them, but I assure you, when it comes to saving their own jobs, they’re not siding with you. People will save their own skin and throw you under the bus.”
“Sure, I understand. I didn’t think the friend I told would have such a big mouth.”
“Well, no harm done and actually you’ve gotten a lot of sympathy from the media on this. So, today I want you to tell me the entire story one more time to make sure I’ve got everything straight, starting with your history with the company and how you got the idea for the product. Because you will have to do it again in court.” Tish noted her client’s fists were clenched, so she reached over and took her hands. “Try to relax. I know it is very stressful re-living all this, but you’re among friends here.”
“Yeah, but I won’t be among friends in court.”
“But I’ll always be there with you. And trust me, I won’t let the other side take advantage of your good nature.”
The woman exhaled. “Thank you. That makes me feel better.”
“So tell me the story.”
“Okay, I started at the company eighteen years ago as an intern, and when I got out of college I was hired full time as an assistant in the research and development department. I spent three years working directly for one of the senior researchers and then was promoted. Actually, I was promoted three times and when I left I was the director of the whole department. Well, until they reassigned me. I left after that.”
“You had to leave, remember? Because of family obligations. That’s what you told me earlier.”
“Right. I know, it’s important to include that.”
Tish asked her several questions about her duties along the way, salary increases, and performance reviews. “Okay, your story is consistent so far. Now we get to the day you got the idea for the product.”
“Right. Every year the CEO took employees who had performed well on a vacation down to the Bahamas. I was invited each year during my last twelve years with the company.”
“Which is great because they can’t possibly say you were incompetent. You wouldn’t have been rewarded otherwise.”
“Right. Anyway, one night we were all at this bar on the beach. I happened to be sitting next to him and that’s when I got the idea.”
“Did he say anything related to it? Anything that inspired it?”
“No, he didn’t have anything to do with it. I saw something on the beach and it just hit me. Best idea I’ve ever had.”
“No kidding, it’s an amazing product. Did you tell the CEO about the idea at that time?”
“Yes, and I pointed out what I’d seen on the beach. He said it was a ridiculous idea and changed the subject.”
“Okay. Now I assume you signed some sort of document when you were hired regarding anything you developed would be considered work product and would belong to the company.”
“I did. But the thing here is that I got the idea when I was off the clock, he wasn’t remotely interested, and I developed the thing at home on my own time.”
“Did you use any company equipment? Work on it at all while at the office?”
She shook her head. “No to both questions. I spent my own money developing it. I was hoping he would be so impressed he’d want to buy it from me and market it or perhaps offer me a percentage of the profits. He was impressed, all right. Then he stole it and made a fortune because it became the company’s signature product. He insisted it was, as you said, work product. Even though I came up with the idea on vacation and created it at home on my own time and using my own money.”
Tish nodded. “Okay. Anyone else hear you at the bar when you talked to him about it?”
“Yes, a co-worker named Jeff Sanders. But he still works there and as you said he probably wants to keep his job. He later told me he thought the idea was brilliant and encouraged me to work on it on my own.”
“And did the CEO ever mention it from the time at the bar until you brought it to his office?”
“Never.”
“And what happened when you asked him for monetary compensation or a share of the profits?”
“He refused. And when I kept pressing the subject he transferred me to another division on the overnight shift. A huge demotion and salary cut. Basically making me miserable so I’d quit.”
“But you weren’t fired.”
“No. I quit because the hours were killing me and I couldn’t be a proper mom to my daughter. For years they had been letting me work flexible hours so I would be there when my child got home from school. And the work they gave me in the new position had nothing to do with my experience or training. A bunch of clerical stuff.”
Tish asked questions for the next hour and then tossed her pen on the pad. “Okay, done for now. You were letter perfect. Your story didn’t change at all. You want a glass of wine?”
The woman finally smiled. “I’ll be okay. So what happens next?”
“I get this filed and we wait for the response. One of my best friends in the media gave me some contacts so hopefully there will be a lot of publicity on this. We may get a quick settlement offer to make this go away or they may want to play hardball.”
“He’s the hardball type. As stubborn as they come. Don’t hold your breath
waiting for a settlement.”
“Should we get a settlement offer, do you have a figure in mind?”
“Well, considering I had to take a job and ended up making considerably less money, it would have to be several years’ salary. Or maybe a share of the profits. Forever.”
“Considering the value of his company, that might be doable.”
“And in a perfect world I’d want the patent in my name. Do you know who his lawyer will be?”
“No clue. I’m guessing whoever heads up his corporate law department. But whoever it is will have an uphill battle. This is a classic David versus Goliath case, and we’re the ones with the slingshot. My aim just has to be good enough to convince a jury.”
The woman shook her head. “I dunno, Tish. The CEO can be awfully charming. You’ve seen him on TV, right?”
“Yeah.”
“Well, in person he can make you feel like you’re the only one in the room. Tall, dark and classically handsome.”
“Well, looks sometimes deceive. I’ve known lots of good-looking devils who can be charming on the surface. We’re going to peel back the layers to show his true colors.”
*
Ariel stuck her head in the door to Spencer’s office. “Hey, I gotta run. Our least favorite client just got officially sued.”
He shook his head in disgust. “Aw, hell. I was hoping the bad press might make him offer a pre-emptive settlement.”
“Trust me, I suggested it. But he feels he’s in the right and he’s digging in.”
“Maybe so, but stealing an idea from a single mom and making millions from it sure doesn’t make him look good.”
“And I brought that up. Without using the term stealing. Anyway, I probably won’t get back till late and the shit is going to hit the fan in the newspapers tomorrow.”
“Yeah. Get ready for the phones to ring off the hook from the media. Get ready for me to not answer them.”
“I think I’ll be conveniently out of the office and refer everyone to his public relations department. Let them deal with the shitstorm.” She reached in her pocket, pulled out a check and handed it to him. “He sent over the retainer.”