re: #60 Mocking Jay
My take on this is as follows:
Before 1999 - was with Bain and should be no questions about his status.
From 1999 to 2002 he was with Bain, but that period is subject to the retroactive severance package.
After 2002, no longer with Bain AFAIK.
The retroactive severance package is unusual in that it’s not usually done. His name is all over Bain’s SEC filings from that period and undermines the argument that he wasn’t with the company. The IRS and SEC would consider him a responsible person for filings purposes. I’d consider him a responsible person for the corporate actions of Bain during that period, even though the severance deal (a copy of which I haven’t seen) would probably try to limit his liabilities for acts by Bain during 1999 through 2002.