A Partial Response by G Mitchell Baker to XOXO Publishing, Inc., a Division of the Ninni Group, Inc.
I only discovered a self-serving and potentially disparaging communication by XOXO Publishing on the Social Networks the third week in March 2013. The Blog was written by Penny A Adams and Comments provided by various staff and officers of XOXO Publishing. Having not been named, or invited to provide my side of any story presented, it remains for me now, to do less than refrain from a response to the false accusation, personal attack, and, what is obviously inappropriate behavior(s) on the part of XOXO Publishing and Penny A Adams, an Officer of XOXO Publishing during all relevant times. Indeed, the tactic of alluding to people in specialized circumstances does not evade being held accountable for disparagement as Penny A Adams and XOXO Publishing seems to attempt. To do nothing would be irresponsible, and a bad example on my part and given the utmost disregard for my family.
It is interesting that the author of a book about the sensitivities of a man, husband and father abused by a woman, spouse and mother, and, who makes choices to remain involved with his children despite it all, would be the subject of allegations of ‘Bullying’ by the same publisher of that material. For my part, I have saved all communication(s) and can publish the exact words of XOXO Publishing, or any of its key actors, to include Gina Cianfarani, Publisher, or, Penny A Adams and ‘Staff’. Those, and the communications forever preserved in the Social Networks do, and will remain relevant in the public domain or any court of law.
After Penny A Adams brought many potential liabilities upon XOXO Publishing and quit (or was it a required medical sabbatical?), the XOXO lawyer reviewed the circumstances left by Adams, an inexperienced individual and my business relationship with XOXO Publishing quickly ended with a proper and complete termination of rights in XOXO Publishing to any of my work. As important, the complete and appropriate reversions of all my rights to my work were immediately delivered to me. That was all I wanted, given I was already continuing with a very positive relationship as an author and a friend with other publishers, who know their business and conduct all business with respect and the utmost professionalism. For example, with three novels scheduled for release in 2013 (“Lethal Believers: The Innocents”; “Lethal Believers: DVM” and “Soccer Tommies Baseball Mommies”), I am extremely thankful there are good people to do good business with in the world of publishing.
As a former Author with XOXO Publishing, a business started by Gina Cianfarani and her father, and, operated by Penny A Adams when Cianfarani took a lengthy leave of absence due to a hostile divorce, my response to XOXO Publishing is that this business did not honor its contracts and there were many promises that became intentional misrepresentations. XOXO Publishing then attempted to save face from its broad range of failed performance and inept operations by attempting to terminate all my contracts (at first one, then to punish, all of them). XOXO then continued, after the botched ‘termination’ by refusing to provide for the legal reversion of my rights as an author to all my material. Penny A Adams would not send my communications (a lawyer's letters) to the XOXO attorney, instead threatened me with federal law enforcement, a local attorney from Saskatchewan, Canada (i.e., not the XOXO legal counsel) and, a local politician (all of whom remains unidentified, despite my demand for disclosure of the lawyer and public servants). In fact, in my experience and opinion, Penny was running her own private extortion campaign/racket under the auspices of XOXO Publishing. A different kind of 'Bullying' that XOXO Publishing was obviously condoning given all Adam's actions, and as Adams argues were the subject of communications between her and Gina Cianfarani on a daily, detailed basis. I also copied Cianfarani with written communications from Penny A Adams to me, when it was obvious Adams was not communicating with Cianfarani.
XOXO Publishing has apparently practiced this coercion on not only me, but ‘Best Selling’ Authors as well. Unfortunately, there are those authors who, given XOXO’s breach of contract, remain stuck to endure sales adversely effected by XOXO’s apparent inexperience and inability to publish and sell books. These are the authors without legal experience and who would remain 'Bully'd by Adams. I was actually recommended by another former and 'Best Selling' XOXO author from Europe to her attorney, who she had to hire to get her material back from XOXO the year before my experience. She had to incur as much to continue her publishing career with other respected and professional publishers (as I do now).
Moreover, if the actions of Penny A Adams, and XOXO Publishing were not desperate enough, a mutual FB Friend (friend to Cianfarani, acquaintance to me) communicated with me halfway through this saga that Gina Cianfarani, the publisher, had apparently fallen in 'love' with me, despite being in the midst of a hostile divorce. Cianfarani shared none of this with me, yet and apparently reserved the right to act the spurned lover role throughout these XOXO maneuvers? Oh, and there was my being named in a Power of Attorney for the XOXO business (along with Penny A Adams) when Gina Cianfarani believed a looming hurricane could mean her demise)… Again, I found out about this after the POA was drafted and drawn up. I learned about this when Cianfarani delivered an e-mail, announcing what she had done… There was no lover's relationship between this author and Gina Cianfarani, and there certainly was no business relationship between this author and Penny A Adams after the disclosures made by Gina Cianfarani after the fact and as they were generated by her alone …
In my opinion, XOXO Publishing engages in a concerted effort and ongoing pattern of unprofessional behavior. There is the breach of its contracts with authors, and, then there is the practice of frustrating and then personally attacking the authors who balk at their corrupt behaviors, etc. Then there is the secretive commingling of personal agenda with the life of this author. In my case, where I stood up to this unprofessional, in fact corrupt practice of XOXO, this 'publisher' deemed it necessary to continue frustrating and causing a distraction from their questionable operations and personal interests. As much can only be considered questionable, and a determined effort to distract away from XOXO and its personalities and their failures and indiscretions.
Incidentally, I repeatedly demanded a full accounting of the ‘sales’ Penny A Adams claims was justification for her botched, and then corrupt efforts, but XOXO never provided a complete accounting to me in keeping my repeated demands... Yet, Penny A Adams mightily proclaims ‘lack of sales’ as the foundation of her platform for continuing to attack and disparage me personally and as an author. The issue of exactly how many books sold, what royalties paid remains an open question and XOXO does have a history of chronic issues with accounting that these circumstances match.
The publisher is said to have only purchased my YA book … In fact, she bought books and distributed them through Toronto schools to obtain feedback, reviews from YA oriented teachers… A BETA operation by the publisher Cianfarani herself. The publisher didn't buy her own books to satisfy me, rather she distributed them to the teachers (as a former teacher herself) to get feedback on what was left wrong after the involvement of Penny A Adams as the lead editor for the project. On this project I never signed Adam's coveted 'errata', because it was obvious she uses the mechanism to avoid accountability for her and other 'editor's' inexperience. Again, there is a need for Penny A Adams to distract others from the truth, given her, and other's active role in what was yet another botched project.
Again, I am not the only person/author slandered and defamed (disparaged) by the actions of XOXO Publishing, Penny A Adams and its ‘staff’ and ‘officers’. I stood up to up to what I, as a practicing attorney for about 20 years, have always considered, in my opinion, the dishonest, and perhaps illegal and potentially illegal practice(s) of XOXO Publishing. Incidentally, I communicated in writing to XOXO Publishing the detail of my opinion regarding what I believed to be the dishonest and potentially illegal acts put upon me by XOXO. Penny A Adams would not take as much to the company lawyer … Rather, given her inexperience, her personality and her disregard for her cascading actions bringing upon XOXO a great deal of potential liabilities, she continued to suppress her acts (and still does) only to contrive the rather silly allegation of 'Bullying' in response. I am not a 'Bully'. I am an author who happens to have a legal background and who was taking care of his business with respect a 'publisher' who in my opinion should not be allowed to hold itself out to the public as it is structured now, and with the personalities involved.
Now, Penny A Adams claims to coordinate all her efforts in daily communications with Gina Cianfarani, the Publisher? I find XOXO Publishing’s counter argument of ‘Bullying’ to my position of contracts breach and illegality most interesting. In fact, XOXO was so far down the path of misrepresentation and potential illegality it was no surprise the only thing they could do is attack me personally with disparaging comments even though they were signing the proper termination/reversion papers. I guess now they are holding their breath there will be no more matters of business for me to attend to in the course of these spiteful events. However, the question remains, if Penny A Adams is communicating with Gina Cianfarani daily, then how is it Penny A Adams can also claim to not be acting at the behest of Gina Cianfarani and XOXO Publishing? There appears to be a cake that they wants the public to have, but they want to eat it too...
In fact, and after the disparaging March Blog by Penny A Adams and other XOXO staff and officers of XOXO Publishing, matters were settled between the lawyers with XOXO Publishing (Gina Cianfarani and the Corporate Lawyer) and me. The agreement signed off on was that exact agreement I originally drafted and the exact words of termination and reversion of rights that I wrote and proposed from the beginning. The same words Penny A Adams ignored for well over a month; the same words that were my effort to responsibly settle all matters from the outset.
Please note, the settlement does not prevent me from pursuing any legal remedy given my assessment of illegalities by XOXO and the disparagement this company and its staff have put upon me and my family. In fact, Penny A Adams challenged/baits me to go after her? What kind of personality does that either within or outside a business context? When the business/livelihood of others is involved this is what the officer of a corporation does with total disregard for the company? And yet Gina Cianfarani 'reinstates her" after publishing the March Blog and seeing the reaction to it ... Should I decide it necessary to recover economic damages caused by such disregard not only for my rights and interest, but the rights and interest of so many others, I have that choice as a man, father, author and business person to make on my terms, and, not given any irrational invitation from Penny A Adams as endorsed by Gina Cianfarani speaking on behalf of XOXO Publishing.
In closing, through this response, I respectfully request XOXO Publishing, Gina Cianfarani, Penny A Adams, along with all other Staff and Officers of XOXO Publishing involved in these unfortunate circumstances to both individually, and for XOXO Publishing, a Division of the NINNI Group to immediately publish, in the manner equivalent of any dissemination produced by them thus far, a full retraction and apology for the obvious inaccuracy, falsehood(s) and disparaging comment published. As an aside, and given my responsibilities in these matters (whether necessary or not) I have tried communicating with Gina Cianfarani through back-channels and have communicated my regret regarding the present circumstances (before I came across the March Blog by Penny Adams and after). I received in return, absolutely no communication.
A retraction and apology would now be consistent with the termination and reversion of my author’s rights and the facts in these matters. I believe, and despite the inexperience, excess, and desperation of Penny A Adams, I should be accorded the same respect that is consistent with the facts and results of the written settlement I have with XOXO Publishing to this time. If Penny A Adams does not agree with the XOXO position in these matters, then that inconsistency should remain internal to XOXO and not adversely affect me and my family, who has been blatantly disregarded and disrespected in all this, but who cannot be forgotten in all this... I leave this to you, my partial response to XOXO Publishing, Inc., a Division of the Ninni Group, Inc.
Best regards,
G Mitchell Baker
May 26, 2013
It is interesting that the author of a book about the sensitivities of a man, husband and father abused by a woman, spouse and mother, and, who makes choices to remain involved with his children despite it all, would be the subject of allegations of ‘Bullying’ by the same publisher of that material. For my part, I have saved all communication(s) and can publish the exact words of XOXO Publishing, or any of its key actors, to include Gina Cianfarani, Publisher, or, Penny A Adams and ‘Staff’. Those, and the communications forever preserved in the Social Networks do, and will remain relevant in the public domain or any court of law.
After Penny A Adams brought many potential liabilities upon XOXO Publishing and quit (or was it a required medical sabbatical?), the XOXO lawyer reviewed the circumstances left by Adams, an inexperienced individual and my business relationship with XOXO Publishing quickly ended with a proper and complete termination of rights in XOXO Publishing to any of my work. As important, the complete and appropriate reversions of all my rights to my work were immediately delivered to me. That was all I wanted, given I was already continuing with a very positive relationship as an author and a friend with other publishers, who know their business and conduct all business with respect and the utmost professionalism. For example, with three novels scheduled for release in 2013 (“Lethal Believers: The Innocents”; “Lethal Believers: DVM” and “Soccer Tommies Baseball Mommies”), I am extremely thankful there are good people to do good business with in the world of publishing.
As a former Author with XOXO Publishing, a business started by Gina Cianfarani and her father, and, operated by Penny A Adams when Cianfarani took a lengthy leave of absence due to a hostile divorce, my response to XOXO Publishing is that this business did not honor its contracts and there were many promises that became intentional misrepresentations. XOXO Publishing then attempted to save face from its broad range of failed performance and inept operations by attempting to terminate all my contracts (at first one, then to punish, all of them). XOXO then continued, after the botched ‘termination’ by refusing to provide for the legal reversion of my rights as an author to all my material. Penny A Adams would not send my communications (a lawyer's letters) to the XOXO attorney, instead threatened me with federal law enforcement, a local attorney from Saskatchewan, Canada (i.e., not the XOXO legal counsel) and, a local politician (all of whom remains unidentified, despite my demand for disclosure of the lawyer and public servants). In fact, in my experience and opinion, Penny was running her own private extortion campaign/racket under the auspices of XOXO Publishing. A different kind of 'Bullying' that XOXO Publishing was obviously condoning given all Adam's actions, and as Adams argues were the subject of communications between her and Gina Cianfarani on a daily, detailed basis. I also copied Cianfarani with written communications from Penny A Adams to me, when it was obvious Adams was not communicating with Cianfarani.
XOXO Publishing has apparently practiced this coercion on not only me, but ‘Best Selling’ Authors as well. Unfortunately, there are those authors who, given XOXO’s breach of contract, remain stuck to endure sales adversely effected by XOXO’s apparent inexperience and inability to publish and sell books. These are the authors without legal experience and who would remain 'Bully'd by Adams. I was actually recommended by another former and 'Best Selling' XOXO author from Europe to her attorney, who she had to hire to get her material back from XOXO the year before my experience. She had to incur as much to continue her publishing career with other respected and professional publishers (as I do now).
Moreover, if the actions of Penny A Adams, and XOXO Publishing were not desperate enough, a mutual FB Friend (friend to Cianfarani, acquaintance to me) communicated with me halfway through this saga that Gina Cianfarani, the publisher, had apparently fallen in 'love' with me, despite being in the midst of a hostile divorce. Cianfarani shared none of this with me, yet and apparently reserved the right to act the spurned lover role throughout these XOXO maneuvers? Oh, and there was my being named in a Power of Attorney for the XOXO business (along with Penny A Adams) when Gina Cianfarani believed a looming hurricane could mean her demise)… Again, I found out about this after the POA was drafted and drawn up. I learned about this when Cianfarani delivered an e-mail, announcing what she had done… There was no lover's relationship between this author and Gina Cianfarani, and there certainly was no business relationship between this author and Penny A Adams after the disclosures made by Gina Cianfarani after the fact and as they were generated by her alone …
In my opinion, XOXO Publishing engages in a concerted effort and ongoing pattern of unprofessional behavior. There is the breach of its contracts with authors, and, then there is the practice of frustrating and then personally attacking the authors who balk at their corrupt behaviors, etc. Then there is the secretive commingling of personal agenda with the life of this author. In my case, where I stood up to this unprofessional, in fact corrupt practice of XOXO, this 'publisher' deemed it necessary to continue frustrating and causing a distraction from their questionable operations and personal interests. As much can only be considered questionable, and a determined effort to distract away from XOXO and its personalities and their failures and indiscretions.
Incidentally, I repeatedly demanded a full accounting of the ‘sales’ Penny A Adams claims was justification for her botched, and then corrupt efforts, but XOXO never provided a complete accounting to me in keeping my repeated demands... Yet, Penny A Adams mightily proclaims ‘lack of sales’ as the foundation of her platform for continuing to attack and disparage me personally and as an author. The issue of exactly how many books sold, what royalties paid remains an open question and XOXO does have a history of chronic issues with accounting that these circumstances match.
The publisher is said to have only purchased my YA book … In fact, she bought books and distributed them through Toronto schools to obtain feedback, reviews from YA oriented teachers… A BETA operation by the publisher Cianfarani herself. The publisher didn't buy her own books to satisfy me, rather she distributed them to the teachers (as a former teacher herself) to get feedback on what was left wrong after the involvement of Penny A Adams as the lead editor for the project. On this project I never signed Adam's coveted 'errata', because it was obvious she uses the mechanism to avoid accountability for her and other 'editor's' inexperience. Again, there is a need for Penny A Adams to distract others from the truth, given her, and other's active role in what was yet another botched project.
Again, I am not the only person/author slandered and defamed (disparaged) by the actions of XOXO Publishing, Penny A Adams and its ‘staff’ and ‘officers’. I stood up to up to what I, as a practicing attorney for about 20 years, have always considered, in my opinion, the dishonest, and perhaps illegal and potentially illegal practice(s) of XOXO Publishing. Incidentally, I communicated in writing to XOXO Publishing the detail of my opinion regarding what I believed to be the dishonest and potentially illegal acts put upon me by XOXO. Penny A Adams would not take as much to the company lawyer … Rather, given her inexperience, her personality and her disregard for her cascading actions bringing upon XOXO a great deal of potential liabilities, she continued to suppress her acts (and still does) only to contrive the rather silly allegation of 'Bullying' in response. I am not a 'Bully'. I am an author who happens to have a legal background and who was taking care of his business with respect a 'publisher' who in my opinion should not be allowed to hold itself out to the public as it is structured now, and with the personalities involved.
Now, Penny A Adams claims to coordinate all her efforts in daily communications with Gina Cianfarani, the Publisher? I find XOXO Publishing’s counter argument of ‘Bullying’ to my position of contracts breach and illegality most interesting. In fact, XOXO was so far down the path of misrepresentation and potential illegality it was no surprise the only thing they could do is attack me personally with disparaging comments even though they were signing the proper termination/reversion papers. I guess now they are holding their breath there will be no more matters of business for me to attend to in the course of these spiteful events. However, the question remains, if Penny A Adams is communicating with Gina Cianfarani daily, then how is it Penny A Adams can also claim to not be acting at the behest of Gina Cianfarani and XOXO Publishing? There appears to be a cake that they wants the public to have, but they want to eat it too...
In fact, and after the disparaging March Blog by Penny A Adams and other XOXO staff and officers of XOXO Publishing, matters were settled between the lawyers with XOXO Publishing (Gina Cianfarani and the Corporate Lawyer) and me. The agreement signed off on was that exact agreement I originally drafted and the exact words of termination and reversion of rights that I wrote and proposed from the beginning. The same words Penny A Adams ignored for well over a month; the same words that were my effort to responsibly settle all matters from the outset.
Please note, the settlement does not prevent me from pursuing any legal remedy given my assessment of illegalities by XOXO and the disparagement this company and its staff have put upon me and my family. In fact, Penny A Adams challenged/baits me to go after her? What kind of personality does that either within or outside a business context? When the business/livelihood of others is involved this is what the officer of a corporation does with total disregard for the company? And yet Gina Cianfarani 'reinstates her" after publishing the March Blog and seeing the reaction to it ... Should I decide it necessary to recover economic damages caused by such disregard not only for my rights and interest, but the rights and interest of so many others, I have that choice as a man, father, author and business person to make on my terms, and, not given any irrational invitation from Penny A Adams as endorsed by Gina Cianfarani speaking on behalf of XOXO Publishing.
In closing, through this response, I respectfully request XOXO Publishing, Gina Cianfarani, Penny A Adams, along with all other Staff and Officers of XOXO Publishing involved in these unfortunate circumstances to both individually, and for XOXO Publishing, a Division of the NINNI Group to immediately publish, in the manner equivalent of any dissemination produced by them thus far, a full retraction and apology for the obvious inaccuracy, falsehood(s) and disparaging comment published. As an aside, and given my responsibilities in these matters (whether necessary or not) I have tried communicating with Gina Cianfarani through back-channels and have communicated my regret regarding the present circumstances (before I came across the March Blog by Penny Adams and after). I received in return, absolutely no communication.
A retraction and apology would now be consistent with the termination and reversion of my author’s rights and the facts in these matters. I believe, and despite the inexperience, excess, and desperation of Penny A Adams, I should be accorded the same respect that is consistent with the facts and results of the written settlement I have with XOXO Publishing to this time. If Penny A Adams does not agree with the XOXO position in these matters, then that inconsistency should remain internal to XOXO and not adversely affect me and my family, who has been blatantly disregarded and disrespected in all this, but who cannot be forgotten in all this... I leave this to you, my partial response to XOXO Publishing, Inc., a Division of the Ninni Group, Inc.
Best regards,
G Mitchell Baker
May 26, 2013
