Difficult times require leaders to lead by example: Lunch with a mensch - Ken Feinberg

A stone’s throw from the White House and the Pentagon, over our favorite popovers, we sit down to a traditional Jewish high holiday meal and discuss the worth of a life with the Special Master of the U.S. government's September 11th Victim Compensation Fund on the eve of the 20th anniversary of the attacks.??

Ken Feinberg glides thru the parking lot of the Cosmos Club for our first luncheon since the onset of the pandemic. No bodyguards, limousines or special security, he is no stranger to Cosmos as the staff greets him by name, always quite formally by last name and never by first, escorts him to our table which is appropriately spaced from others, outside in the west garden under a tent. It is hugely significant that we scheduled our reunion on the day before the 20th anniversary of the 9/11 attacks.?

It has been over a year that we have seen each other and we embrace with a warm Biden style hug. We are Jews and that is just the way we are. Over a year ago Ken informed me that they were making a movie out of his book “What Is Life Worth?: The Unprecedented Effort to Compensate the Victims of 9/11”. I was promised a VIP seat that the DC debut of the film which never happened thanks to the international COVID lockdown.?

The Cosmos Club survived the pandemic without losing staff and without the aide of any government PPP or EIDL funds. While the SBA did open its doors to permit certain non-profit organizations, a first for the SBA programs, to obtain PPP funding, Cosmos is a 501(c)(7). The (c)(7) organizational structure was not approved until late in the PPP process when The American Rescue Plan Act, signed into law March 11, 2021, expanded eligibility for the PPP by including all 501(c) organizations, including 501(c)7 Social Clubs that do not fall under Small Business Administration regulations barring the participation of private clubs that limit their membership for reasons other than capacity. Through the support of its distinguished membership and with appreciation to staff under the able management of Mitchell Platt, the club survived. The valets are on leave with self service parking and the handsomely wood paneled Garden Bar is still closed, but the operation of the club continues and members and their guests are welcomed back while maintaining caution to contain the spread of the virus. ?Founded in 1878, the club is situated in a mansion on Massachusetts Avenue NW a few blocks from Dupont Circle. It is a private social club for men and women distinguished in science, literature and the arts, a learned profession or public service. Members come from virtually every profession that has anything to do with scholarship, creative genius or intellectual distinction. Among its members have been three Presidents, two Vice Presidents, a dozen Supreme Court justices, 36 Nobel Prize winners, 61 Pulitzer Prize winners and 55 recipients of the Presidential Medal of Freedom, and this writer.

The book’s Amazon listing defines Kenneth R. Feinberg, as one of the nation’s leading lawyers, specializes in mediation and alternative dispute resolution and has helped to administer the response to some of the most complex public crises in recent American history, including Agent Orange, executive compensation following the 2008 financial crisis, the BP Deepwater Horizon Gulf oil spill, the Boston Marathon bombings, and, notably, the 9/11 Victims Compensation Fund.?A former prosecutor and member of two Presidential Commissions, he is also adjunct Professor of Law at Georgetown University, the University of Pennsylvania, Columbia University, and New York University. He lives in Washington D.C.

Our server arrives and inquires as to menu questions. Hearing none, he takes our order. We are in the midst of the Jewish High Holidays as well and Ken opts tribal with a soup and a special on the Cosmos Club’s Rosh Hashana menu, soup and Chef William Rogers slow roasted slice brisket accompanied with potato kugel, roasted carrots, asparagus and shallot barbeque sauce.?I stick to my favorites, a cup of crab soup, for which I garnish with a stash of Old Bay I keep in a chrome shaker under our bar in the Garden Bar, sadly still closed as of this date due to the pandemic, and for my main a grilled swordfish. Feinberg teases, you can take the man out of Baltimore but you can’t take the Bawlmer out of the man. So true.

On to the movie. Worth. I had a standing invite to the grand opening premier when it was to be rolled out in DC which never happened. It was released on Netflix ahead of the theaters. Ken asks if I had seen it. Yes, I watched during my recent trip to La Jolla. Knowing Ken and living thru hearing about his various assignments over the years I have to ask as my opening question: what’s your first recommendation, the book or the movie, and why??Without delay Ken says matter of factly “the book.?The movie understandably takes dramatic license with the book.?The latter is the best in understanding the full story, unvarnished”. OK, I get it. So why is it that I see no reference to twizzlers, a soft gummy twisted candy stick popular in strawberry flavor, anywhere in the movie? Indeed it is more often than not that he will enter a room filled with victims with Twizzlers in hand, in the large container the likes of what you would find at Costco. He enters a room facing individuals who are all hurting from some sort of disaster, opens a fresh jar of twizzlers, starts chewing, and shares the love. It works and it is his signature touch alongside of an uncanny ability to create ease amongst those who are in deep pain from their losses or injuries, or both.?

Our server arrives with a basket full of freshly baked popovers, a Cosmos Club signature, straight from the oven. You can instantly see the delight in Ken’s eyes as his is placed properly with the aid of silver tongs on the bread plate.?

I continue: Today is the day before the 20th anniversary of 9/11, so what’s the first, primary lesson you might share with our fellow citizens after your various experiences as a special master and particularly reflecting on the 20th anniversary of the 9/11 attacks??How important it is that the nation work as one, especially after major tragedies.?As I see it from my viewpoint, the 9/11 Compensation Fund was a success because it was bipartisan, apolitical, and non-adversarial.?I think to myself that here we sit in DC where those 3 elements are seemingly mutually exclusive. But this is the secret Feinberg sauce. He gets it done over and over and over again, no matter how complex the cases may be. If only our elected officials could learn from and adopt this how much further might we be and perhaps the embarrassment of January 6th could have been avoided. Common sense and good guys/gals can prevail. There is hope.

With various global confrontations going on in the midst of a huge pandemic, what do you think the human race is missing as far as comprehension at this point??The human race is too divisive.?We lack leadership among our elected and appointed officials in developing a coordinated strategy to deal with mother nature and other world problems.??

The soup arrives. Our server brings anther basket of popovers. Ken is definitely up for another, with glee. He is the proverbial kid in the candy shop and a delightful guest. I hear my Grandmother Sarah’s voice in my head saying, Bubbalah, eat something you’re too skinny. Smiles. And that thought leads me to my next question: Ken, what do you do to stay in such great shape? What’s your exercise routine and your diet regimen? What’s your favorite staple food? Has Twizzler called to ask you to be in a TV commercial for yet?? On this one he thinks for a minute before answering. I really should take better care of myself.?I do watch my weight which is critically important.?I also have the type of metabolism that keeps me proactive and constantly on the move.??A modest exercise routine on weekends only.?I eat a great deal of protein.?The Twizzler manufacturer has not yet approached me.

On to our mains. My swordfish is perfection. Really tender and soft as if it was marinated in the salty waters of the Mediterranean Sea. The brisket is true Jewish soul food. As we sit between the new year of Rosh Hashana and await the coming of Yom Kippur, the Day of Atonement, the book of life is open in what we Jews refer to as the Days of Awe and God is deciding the fate of each Jew for the coming year. At sundown on Yom Kippur the book closes and the fate is determined for the year ahead. We are both clearly happy to be alive, delighted to once again share a meal, and to be sitting across from each other (outside on this occasion for safety) kibitzing (joking and ribbing) considering the lack of any personal face to face contact over the last year and a half due to the pandemic. I admire Ken’s willingness to help our country as a true patriot and share my work during the pandemic as an appointed special banking and finance advisor to the Jewish Federation and its constituent organizations helping insure the well-being of many Jewish community centers, Hillel Houses, kosher certification organizations and even Elie Wiesel’s magazine Moments, on a pro bono basis. I shared that my work at FSC First as Chief Lending Officer was turned upside down. We ceased our lending to small businesses and commenced with underwriting emergency grants on behalf of Prince Georges County to save small businesses impacted by the COVID crisis. We distributed over $25 million, working day and night for months where each and every business owner told us heart wrenching stores of being at a point where they were about to lose their businesses and life savings. I recall exiting my office, taking a hot shower, and simply asking my wife for a large glass of red wine. It was draining to say the least. I could not ever compete with the catastrophic losses that the recipients of many of the various funds Ken has administered, but I have a better appreciation and respect for what he does even more having suffered thru this personal experience. Clearly, one common theme in our lives is that we both seek to give back and to make our world a better place to the extent that we can. It is exceptionally fulfilling and challenging at the same time wherein we have each been blessed with certain talents and from time to time get to use them when we are called upon. Ken Feinberg is a mensch’s mensch and I can only hope to compete in that respect as well as now having to add having a movie made about my life to my bucket list thanks to his accomplishment there. A tough act to follow.

Suddenly anxious, Ken looks at many of the diners dressed in business attire and worriedly asks, “Oh my goodness, do I need a tie?” He just remembered that Cosmos Club has a dress code and looks as if he is about to sprint around the corner to repair a faux pas. I assure him that in the garden we are good at lunch without a tie. Not to worry. Another disaster averted. Yet again another look at a human being is constantly concerned with others and insuring respect of culture, norms and rules. It’s simply refreshing. ?

I continue: You and Camille, Biros, Ken’s partner, both agreed to perform your work with regard to accepting the role of special master for the 9/11 fund completely pro bono. Was it to promote more patriotism in this country or any other reason to show the need for leadership that’s lacking??We decided to work pro bono on the 9/11 Fund for two reasons:?First, patriotism and giving back to our nation.?Second, an immediate recognition that if we were to be compensated for our work, it would be one more major criticism from families that we were being paid to value lives, i.e., blood money.?Politically, it would have been a disaster.

What’s your vision for a world of peace??Leadership.?Enough said, we have discussed these issues before and that answer says it all loud and clear for me.

We are finished are meals and have joined the clean plate club. Our mother’s would be proud and for both we consider that one of the best compliments we can receive. We move on to lighter matters: So, is there a lot of pressure placed upon you when you’ve been portrayed in a movie in your role as played by Michael Keaton??No pressure at all.?The movie is a reflection of a historical event 20 years ago.?Frankly, I am honored that a movie great like Michael Keaton agreed to portray me on the screen.?How many lawyers can point to that event in their lifetimes?

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It’s interesting that attorneys often have bad reputations and yet here I sit with one who maintains a wonderful reputation and is literally a cult hero in the United States for his work and his book and now the movie about his amazing journey thru life. He has made his mark and continues to do so leaving an impact on those who he works diligently to assist in their times of need. And therein lies what I think is the secret sauce: Ken really truly wants to help as many people as he possibly can.

We both pass on dessert and coffee sticking with iced tea refills.

What’s next on the agenda for your law firm and what are your thoughts about retirement, if ever??The law firm will continue to work as usual in designing and administering compensation programs and engaging in alternative dispute resolution like mediation and arbitration.?Retirement is not on the horizon.

Despite the intensity of the work that you’re involved in, surrounded by a lot of pain and suffering, you’re always upbeat and positive, and definitely Yiddish-kite sarcastic in a positive way. What’s your advice to others to be able to maintain this kind of balance??Try and maintain a balance between work and downtime enjoyment, an outlook that highlights one’s priorities while at the same time having other outlets, e.g., family, travel, opera, etc. Sound advice I think.

It is almost time for his departure so I turn to one final subject, the preservation of our mutual heritage given the rise of anti-Semitism. He knows well that I am working on a case where at my alma mater a teaching assistant on her social media asked publically what others thought of reducing the grades of Zionist students (as a means of causing long term economic impairment and what translates to a new form of domestic terrorism). I ask, what are your thoughts about the rise of anti-Semitism in the United States and around the world??Anti-Semitism has historically has always been a major problem for the human race.?It is especially pronounced when economic insecurity and inequity seek scapegoats.?We must be ever vigilant in combating anti-Semitism through truth and reason.?But it is always hovering just below the surface during difficult times.

With that we rise, embrace in the spirit of our connected brotherhood, while both committing to regrouping again in the not too distant future. I watch as he strides forward thru the garden and to his car. Just another day for a true unassuming hero. An amazing life I think and how would we place a value on what Ken Feinberg’s life was worth based on the amazing good he has performed and anticipate the additional acts of goodness he has not even started yet. L’Chaim. To life.

Eddie Tuvin is a financial services executive where he holds the position of managing member of Inclusive Finance and was Chief Lending Officer of the SBA CDC, FSC First, residing in the Metro DC area with his wife Venus. He served pro bono as special banking and finance advisor to the Jewish Federation and its constituent agencies during the 2020 pandemic. He is working on the front lines with StandWithUs in the fight against anti-Semitism, a former board member of the American Jewish Committee, a life associate of Hadassah, and the visionary creator behind the Sarah Z Tuvin Computer Learning Center at Beth Tfiloh Day School in Baltimore, MD

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“We can change?the world.?Re-arrange the world. It's dying, to get better”.?Graham Nash

tikkun olam - to heal the world