Kevin McHale sues Glen Taylor over medical device company mess

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Right about now, Minnesota Timberwolves fans are probably wondering if they could take action against Glen Taylor for that team's performance.

Instead, it's former Timberwolves' general manager and one-time coach Kevin McHale who's going after Taylor. Only the lawsuit has nothing to do with basketball, and instead accuses Minnesota's richest resident of taking over a medical device manufacturer and then running it into the ground.

As of 2010, Taylor -- who's also owner of the Star Tribune, which owns City Pages -- held about 15 percent of a start-up called Envoy Medical Corp., and McHale owned about 1.5 percent, according to a Twin Cities Business story about the device company. Taylor said he was impressed with the company's chief investors, three brothers who then controlled more than a third of the company -- and whose sister happened to be Kevin McHale's wife.

McHale, his wife, and two of those brothers, Patrick and Richard Spearman, are among the plaintiffs in a lawsuit filed in Ramsey County this week accusing Glen Taylor of seizing the reins at Envoy and restructuring the company to suit his personal interests. The civil complaint, which also names other members of Envoy's board of directors as defendants, describes Taylor's actions as "a billionaire's underhanded betrayal of his fellow shareholders," at least some of it carried out as "as a result of a personal vendetta related to Taylor's daughter."

Envoy's signature product is a hearing aid implant device called Esteem. As noted in the complaint, Esteem's effectiveness has been promoted by both Rush Limbaugh (as a paid advertiser) and Lou Ferrigno, star of TV's The Incredible Hulk, who had one of the Esteem devices (which cost $30,000 a pop) implanted to help with his lifelong hearing impairment.

As the lawsuit tells it:

While on the season finale of NBC’s "The [Celebrity] Apprentice," Ferrigno told America his Esteem success story. Ferrigno called it “a miracle.” He explained he now had natural hearing thanks to Esteem and could hear things he had never even hoped to have heard.
The company sold some 600 of the implants in a two-year period, the lawsuit says, with "almost all" of those sold to people buying them out-of-pocket, rather than through insurance coverage.

According to the complaint, Taylor's daughter Kendahl Prokop worked at Envoy until she was fired in spring 2012 "with cause." That cause? "Poor performance," at first, which led to "limited... work responsibilities," and then got worse: "Prokop was not showing up for work."


It was around then that Taylor, a member of Envoy's board, called then-CEO Patrick Spearman and told he was going to "take [him] out," an alleged "promise of retaliation," according to the complaint. Soon, Spearman, company president Shelly Amann, and the company's "successful marketing team" all lost their jobs, allegedly at the direction of Taylor, who was said to have admitted to "protecting his daughter," per the complaint.

In a "company-wide meeting," Taylor then "welcomed his daughter back as an Envoy employee," the lawsuit says, and told employees if they did not like his decisions they were welcome to quit, according to the complaint. Taylor also installed a new leadership team to replace the people recently ousted by the board.

During 2012, Taylor -- through a funding LLC Taylor controls -- issued the company $9 million worth of loans, according to the lawsuit, which says in exchange, "Envoy pledged all of its assets including its intellectual property."

Starting in 2015, Taylor purchased $20 million worth of company stock. Because Taylor was buying "preferred shares," the lawsuit says, he had "effectively purchased... control of a company which had been valued at $350 million to well over $1 billion."

Those estimated values wouldn't be the same today, as the lawsuit laments the company's abandonment of "its relationships with high-profile spokespersons." According to a press release plaintiffs issued this week:

"The suit claims that Envoy’s financial performance suffered under Taylor, and that Taylor restructured Envoy’s financing so that he could profit from Envoy’s financial distress. The plaintiffs allege that, if Envoy defaults on its loans to Taylor’s financing company, Taylor can take the company’s assets for himself, including the valuable Esteem technology."


Howl Wolves!!
 

Timing suggests the "troubles" started after McHale's move to Houston.
 

600 units sold in 2 years? And the company may be worth a billion? That makes no sense.
The hearing aid business is brutally competitive- i'm guessing the company was headed to bankruptcy. Daddy's girl Kendahl sounds like a real winner.
 

It's interesting that the Strib is not allowing readers to comment on the article. I thought it was going to be fun to see who the haters would favor in this duel. Normally, the Strib allows reader comments on just about every article. Even though Taylor owns the Strib I'm sure this is just a coincidence and he had nothing to do with the decision. ;)
 
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"Kevin McHale, who encouraged other investors to put their money into Envoy Medical, feels the need to be part of this lawsuit because of the numerous small shareholders that are being harmed," a Jan. 30 news release on the lawsuit said.

Current Envoy CEO Lucas said in an e-mail Monday that the company was "disappointed" by the lawsuit, but stands behind its past decisions: "The company strongly disagrees with the allegations in the complaint, and believes that the claims are meritless and will ultimately be dismissed."

Taylor and Lucas are among 11 defendants named in the lawsuit, along with Taylor's Mankato-based private financing company, GAT Funding LLC, and eight other Envoy directors who are accused of working with Taylor to secretly take over the company.

Envoy Medical is a medical device company based in White Bear Lake that sells a hearing implant called the Esteem. Approved by the Food and Drug Administration in 2010, the device is designed to fix hearing loss in the middle ear.

The lawsuit says the device created "miracle" hearing restoration for celebrities, and was seen as a way to treat police officers and veterans who had lost their hearing in the line of duty. A 2010 story in MedCity News saidEnvoy got a publicity boost after paying radio host Rush Limbaugh $250,000 a month to promote the device. That exposure was followed by a $10 million investment from Eden Prairie hearing-aid maker Starkey Laboratories, the article said.

The lawsuit says Taylor began to exert untoward influence over the company beginning in May 2012, after his daughter Kendahl Prokop was fired from Envoy for allegedly failing to show up to work. Taylor then, according to the lawsuit, allegedly directed Envoy to fire Spearman, Amann and other key team members, and rehire his daughter and Lucas.

With sales dropping precipitously, the lawsuit says, Taylor made a series of 4.5% interest loans between 2012 and 2018 totaling $36 million. The terms of the loans, the lawsuit says, scared off other potential investors. Taylor also allegedly had Envoy issue $20 million in preferred shares that transferred majority control of the company to him.

The lawsuit asks a judge to order Taylor and the other defendants to pay damages, including "rescissory damages" based on what the stock would have been worth to them before Taylor's alleged manipulation. The case doesn't say how much the other investors put into the company, or what their stakes are worth today, other than including a legal boilerplate statement that the damages were "in excess of $50,000."..


 


So, both guys who cheated in the NBA (Joe Smith) are heading to court? This is too rich.
 




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