I was extremely pleased to see Cynthia (Cindy) Green of Sussex County earlier this month. She’s Republican and Sussex County, Delaware’s elected “Register of Wills.” We saw one another at a press conference, held in front of the Court House in Wilmington on July 10th, sponsored by “Citizens for Pro Business Delaware”, an advocacy group that is promoting transparency and reform in the Delaware Court of Chancery. Interestingly, Cindy Green is indirectly responsible for why I started covering Andre Bouchard, before the infamous TransPerfect case even began.
She is a lifelong Sussex Countian and resident of Greenwood, Delaware. Unlike most politicians, who from my perspective don’t keep their promises, Cindy Green has and does! After being elected in 2010 on a platform — promising to advocate for low taxes, keeping the government closer to the people and maintaining local control of the “Register of Wills” office, while bringing this important office into the 21st Century by computerizing the whole system, installing modern software, and upgrading the office to modern standards. Cindy Green has surely kept her promises!
She also fought at Legislative Hall in Dover against a bill advocated by Andre Bouchard to take over control of all three county offices which would have increased the Chancellor’s power, but would have decreased the efficiency and operation of estate settlements, creating another, unruly, state bureaucracy. Cindy fought against it and the bill didn’t pass. The fact that Bouchard was there, and actually lobbying, was yet another violation of the Delaware “Cannons”, designating judicial behavior, which I will address soon in this article.
One of the rubs that got my attention about Chancery was the absurd rule granting the Chancellor power to appoint the Chief Deputy of the “Register of Wills” office. It is traditional and indeed prudent for the Chancellor to receive recommendations from the Registrar (Cindy Green), and make the appointments accordingly.
Instead of honoring Cindy’s recommendation of someone who already worked in the office and was truly the most qualified for the job, Bouchard appointed one political, incompetent or unqualified person after another that compromised the efficiency of the office. I wrote my opinionated allegations of his misconduct directly to Bouchard and he wrote me back a letter attempting to defend himself by explaining that the law gave him unfettered rights to appoint whomever he wants, regardless of the qualifications.
This was my first experience with Bouchard’s suspect decisions, high tolerance for his own appearances of impropriety, and hubris that apparently prompts him to operate with impunity.
Later, Bouchard, in my opinion, violated “Cannon 4, Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates” — when he appeared before a political committee at Legislative Hall to lobby for the passage of a bill affecting the Register of Wills offices in an attempt to take them over. Cindy Green objected, but the power of the “good old boy’s club” prevailed and Bouchard lobbied away, directly violating ethical rules that govern a Judge’s conduct.
Canon 4 – “A judge should refrain from political activity inappropriate to the judge’s judicial office. Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates.”
Thankfully, Bouchard did not profit from his misconduct, his bill didn’t pass, and Cindy Green retained her leadership position.
Cindy Green agreed to speak with me on the record for this article and I was able to ask her about “The Citizens” movement for transparency and reform in the Chancery Court. She replied, “I support their activities 100%. What they are doing is much needed. The Chancery Court needs to be changed with clear transparency.”
I further asked her if the Chancellor should be removed from the process of appointing the Chief Deputy to her office. Cindy responded, “Yes. I was elected by the people to run that office. I know who the best employees are, what is needed and who should work on my team. I don’t need a political judge to tell me who should work in my office. It is absurd. Time for a change. Perhaps, ‘Citizens for Pro Business Delaware’ will get this law changed along with other needed changes,” she said. I further inquired if she would like to see Bouchard not reappointed or removed from office. Her response was calm and thoughtful, “Yes, he is not good for Delaware.”
Folks, I believe Cindy Green is a remarkable woman. She serves the people of Sussex County with dedication and resolve. She is what I call “GOOD PEOPLE”.
Indeed she did all of these things, despite legal and administrative difficulties brought on by Chancellor Bouchard. Having worked in family care, prior to running for office, Cindy is well aware of the trauma and stress that occurs when people die and the dire need for immediate access to wills and important estate records. In the not so distant past, the whole antiquated system of the “Register of Wills” office was done by hand and paper. Now, it is streamlined and efficient, serving the people as it should. All estate records are now being kept electronically, thanks to Cindy Green.
All of this happened because of Cindy and I cannot say enough about the courage of this kind, conservative, Christian woman who constantly and humbly works to improve her office and serve the people of Sussex County properly and efficiently. On behalf of all Delawareans who have benefited from your hard work, I thank you Cindy Green! You have clearly demonstrated your dedication to the smooth operation of your office!
Folks, as always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
Dear Friends,
The Delaware Court of Chancery, is supposed to be an “EQUITY COURT”. Folks, equity basically means fairness. It is about doing what is right, finding compromise and equitable solutions. One way you can tell how fair and just an organization is, is how it treats its own people.
I’ve just learned about a story that is the ultimate in hypocrisy and hubris by Chancery Court Chancellor Andre Bouchard. This is the guy who appears at conferences with attorneys from ongoing trials and generally seems to scoff at being seen in public with people involved with these trials. You may recall my recent column about the boondoggling schedule I was able to come up with by Googling Kevin Shannon of Potter Anderson, Andre Bouchard and Leo Strine in and around the 5-years of shame related to the TransPerfect Global case.
Contrast that to the Court of Chancery job termination of Donna White in November 2017. Donna shared her heartbreaking story at the press conference I attended on July 10th in front of the Courthouse in Wilmington, Delaware.
Her story: Donna White is an African American woman who is articulate, educated, creative, and efficient. She was one of Chancellor Andre Bouchard’s clerks who worked in the Chancery Court faithfully and efficiently for 7 years. According to her testimony, she was fired without warning, reprimand or compassion for sending an insignificant 4-line e-mail to Facebook CEO Mark Zuckerburg. She asked his advice on a patent she owned and developed, well after his case was over and settled. She was treated coldly and without regard by Bouchard and the “Good Old Boys Club” of old white guys in the Chancery Court, who in my opinion commit far worse infractions daily without any penalty!
Frankly, I consider this termination of Donna White’s employment by Andre Bouchard the absolute epitome of hypocrisy. Think about the appearances of impropriety and the conflicts of interest that are apparent in Bouchard’s Court. There should be no doubt about the integrity of these Courts. Unfortunately, I see them as suspect.
Bouchard, ultimately is responsible for hiring and firing and maintaining the fair and smooth operation of the court’s business by his employees. When I compare that to Donna White’s situation, the grotesque inequity and absurdity of it all is truly disconcerting. His treatment of Donna White, who has more class in her little toe than Bouchard has in his entire being, is indeed outrageous. Andre Bouchard, in my view, is not good for justice, business, nor Delaware. The law must be changed so that transparency and fairness is reinstated in Delaware’s Court of Chancery.
Donna White, for an insignificant technical violation of the “code of conduct,” has been without unemployment or medical benefits for over two years. I did some investigating on my own and have learned that this lady filed an EEOC complaint against a fellow employee for harassment. It appears that perhaps Ms. White rocked the “Good Old Boys Club” boat and her termination was possibly based on revenge and a way to cover up an embarrassing situation for the Chancellor and his cronies? From my experience this is a typical move from a tyrannical and insecure person who should not be in charge. Furthermore, Donna White has written, appealed, called, etc. without response or reasonable explanation.
Interestingly, at a fabulous party I attended at the Hotel DuPont, Donna White and her two sons sat at my table. I was very impressed with this friendly, outgoing woman, who has been terribly wronged. Her two sons were gentlemen with tremendous drive for education and economic success. At the table was Kris Jenkins of Villanova basketball fame and Brent Celek, tight end for the Super Bowl Champions, Philadelphia Eagles. The interaction between us all was memorable. Donna White is a lovely person who deserves better than what she got from Andre Bouchard.
Please click on this link to watch the Press Conference which I attended and you will see and hear Donna White speak. She starts speaking about 10 minutes into the video.
As always your comments are welcome.
Respectfully Submitted,
Judson Bennett-Coastal Network
OPINION
Dear Friends,
Here are some predictions from Citizens for Pro-Business Delaware “OVER THREE YEARS AGO” in Reuters. This was back when Delaware’s business rating was still number #1. We are now not even in the Top 10 any more?!?
If legislators had stepped in to limit the Chancellor’s power and addressed what I, and thousands of others, view as corruption in the Chancery Court, perhaps Delaware wouldn’t be #11. We can’t change the past, but we can sure as hell change the future.
Former Delaware, Chief Supreme Court Justice, Leo Strine has stepped down. The Puerto Rican Governor is stepping down. Perhaps it’s time for Andre Bouchard to step down and let the Chancery Court modernize, move forward, and return to its former glory?!
As always your comments are welcome and appreciated.
Unusual Media Blitz Rips Top Judge of Delaware’s Corporate Court
Tom Hals
(Reuters) – A bitter boardroom battle has prompted an unusual media blitz in Delaware that warns residents that the state’s nationally renowned corporate court is on the cusp of destroying Delaware’s pro-business reputation.
The ads by employees of TransPerfect Global Inc stem from a ruling in August that was aimed at breaking years of deadlock between the translation services company’s co-owners, Elizabeth Elting and Philip Shawe.
Elting convinced the Court of Chancery to order the company sold, a move opposed by Shawe. Last month, employees of New York-based TransPerfect wrote to the judge, Chancellor Andre Bouchard, saying they feared for the survival of TransPerfect, which despite years of dysfunction, had grown to have $500 million in annual sales and 4,000 staff.
As Bouchard prepares to issue a final order any day detailing the sale process, radio and print ads, a website and 20,000 flyers have been sent to Delaware residents blasting the judge for his “stunning act of governmental overreach.”
“Tell Chancellor Bouchard to leave our company alone and our business is our business,” said the flyers, which included the direct phone number for Bouchard’s chambers. “Chancellor Bouchard is turning Delaware into a bad place for business.”
The state prides itself for being friendly for business, and the U.S. Chamber of Commerce has named the Court of Chancery as the nation’s best for more than a dozen years.
IMPORTANT !!!!!
I am asking you to click on this link and watch this video:
Please take a quick look and let me know what you think. I
am preparing a feedback piece. Send your comments as soon as you can, as the
response has been strong! I would like to thank the legislators who have
responded as well, and I want your voice to be heard too!
15 minutes into it you will see me asking a probing
question.
I believe that Delaware’s absolute, basic, economic, moral,
and ethical future is at stake here!
The link will take you to a video showing the beginning of an important movement! It started with a press conference (shown in the video) that is going to affect the future of Delawareans for years to come!
https://videopress.com/v/xHHMEsRd
I attended the press conference in front of the Court House
in downtown Wilmington, Delaware on July 10th. The “Citizens for Pro Business
Delaware” event was led by their Chairman, Chris Coffey.
Thank you for taking the time to view this important video.
https://videopress.com/v/xHHMEsRd
Your comments are welcome and appreciated!
JUDSON Bennett-Coastal Network
Dear Friends,
IMPORTANT !!!!!
I am asking you to click on this link:
Please take a quick look and let me know what you think. I am preparing a feedback piece. Send your comments as soon as you can, as the response has been strong! I would like to thank the legislators who have responded as well, and I want your voice to be heard too!
15 minutes into it you will see me asking a probing question.
I believe that Delaware’s absolute, basic, economic, moral, and ethical future is at stake here!
The link will take you to a video showing the beginning of an important movement! It started with a press conference (shown in the video) that is going to affect the future of Delawareans for years to come!
I attended the press conference in front of the Court House in downtown Wilmington, Delaware on July 10th. The “Citizens for Pro Business Delaware” event was led by their Chairman, Chris Coffey.
Thank you for taking the time to view this important video.
Your comments are welcome and appreciated!
JUDSON Bennett-Coastal Network
My onsite coverage of the “Citizens for Pro Business
Delaware” 100+ person press conference has paid off for Coastal Network
readers. From an anonymous source, I have obtained a video of the entire July
10 event held right in front of Bouchard’s Chancery Court in Wilmington,
Delaware.
It was an energetic and well-attended press conference,
presided over by anti-corruption activist Chris Coffey, the campaign manager of
“Citizens for Pro Business Delaware.” Others spoke too, including Donna
White, an African-American woman who was terminated from her job at the
Chancery Court for sending an email asking if Mark Zuckerburg would look at her
App!!?? Meanwhile Kevin Shannon and Chancellor Andre Bouchard golf together
during the case, travel to New Orleans together during the case, and I believe
decided this case at the Country Club. It certainly wasn’t decided in the court
room with no witnesses appearing for Shannon’s side, folks. That’s how I
clearly see it.
As Coffey puts it, Bouchard and his cronies in the Delaware
Old Boys Club “get away with murder” each and every day compared to
what Donna White did, yet she was escorted out of the building and treated like
a criminal–given only 10 minutes to collect her belongings and to say goodbye
to co-workers of 7 years!?!
The double standard, hypocrisy, and potential racism here
only rivals the ageism, sexism and contempt that Chancellor Bouchard and 4 out
of 5 justices on the Supreme Court (all the male judges) showed litigant
Shirley Shawe in the TransPerfect debacle. How could it be that female, senior
citizen, Shirley Shawe’s only victory in the first 5 years of this entire case
was from a woman jurist, Delaware Supreme Court Justice Valihura? It’s
mathematically impossible that this is a coincidence, as the Good Ole Boy
cronies would have us believe. They are making millions off innocent
shareholders with their back-room Country Club deal, scratching each other’s
backs, and trading favors with their rich and powerful friends. And what
happens to Chancery’s real life victims like Donna White? She has been denied
health insurance and unemployment benefits! I’m telling you folks, I believe
Andre Bouchard is not only corrupt, but also sadistic–and, in any case, lacks
any shred of the ethical fiber required to fill the Chancellor position. The
great state of Delaware deserves better. Listen to the press conference, where
Donna takes the podium and tells her story here…
I asked a question of Coffey during the press conference,
which I wrote about in my last column. You will see that here, as well as other
suggested anti-corruption reforms that appear like common sense to this
journalist. The Delaware Citizens group now fighting for reform has 2,700
members which includes TransPerfect employees who were negatively impacted by
Bouchard’s decisions along with other concerned Delawareans.
By the way, I commend the Delaware Business Times for
covering the major events of July 10th, and I wonder which Ole Boys Club member
or creepy Skadden Arps friend of Bouchard called the News Journal to get them
to kill the story? Brent Celek from the Philadelphia Eagles and Colin Jost from
Saturday Night Live came to Wilmington and joined those calling for Chancery
reform at the Hotel DuPont. How is it you can Google the News Journal’s entire
site, and read nothing about this important day at the Chancery Court? Mark my
words, Bouchard and the “Limousine Liberals” who run this state and
prey on its citizens are powerful, so powerful, they are dangerous to Delaware,
to anyone who incorporates here. But fear not, the Coastal Network cannot be
intimidated into killing stories or masking the truth–stay tuned here folks,
for coverage on Chancery actions and other injustices in Delaware.
As of press time, I know of no other media outlet who has obtained this tape. Enjoy watching the coverage and share it with folks who may want to see it.
I had the unique experience of covering an unusual day for Delaware and the Coastal Network, on Wednesday, July 10, in Wilmington, Delaware. It involved a rousing and heavily attended press conference, a fascinating hearing in the Court of Chancery with Andre Bouchard presiding, and a fabulous party and TransPerfect summer celebration at the Hotel DuPont later that night.
The activities began about 12:30 PM with a Press Conference — in 90 degree heat that felt like 105 degrees with unbelievable humidity — in front of the Delaware Court of Chancery which was organized by the “Citizens for Pro Business Delaware.” This group, led by articulate activist Chris Coffey, has 2,700 members, made up of TransPerfect employees who were negatively impacted by Bouchard’s decisions along with other concerned Delaware citizens. The group now appears to be dedicated to making changes to modernize the controversial rules governing Delaware’s Chancery Court. Having covered the TransPerfect case for years, and Andre Bouchard for even longer, I was pleased to take the opportunity to observe all these players face off live and in person. During the press conference on the front lawn of the Chancery Court, yours truly, like a dummy, chose to wear a dark suit — and the Delaware establishment almost had their wish for my complete demise, as I was about to pass out from the heat.
Weather and wardrobe aside, I was extremely impressed with Coffey’s platform and passion. It is unquestionable that this group shares my desire for increased transparency in the Court of Chancery, as they are proposing much needed common sense reforms. In my opinion, the legislature cannot act quickly enough to decrease perceived (or actual) corruption surrounding the Court’s activities.
The obscene and disgraceful court-ordered looting of TransPerfect continues!!! Skadden Arps gets paid more in a month for secretive and undisclosed “legal services” than normal people make in a year. It appears to me that Skadden and the judges are truly modern day Pharaohs, living extravagantly off the sweat of the thousands of innocents. I believe without a doubt that these (potentially, colluding, former law partners, “Bouchard and Strine”, both Skadden alumni) are truly a biblical plague on Delaware’s reputation. During Bouchard’s tenure, our once-great state has dropped to a dismal 48th out of our 50 U.S. states in overall business confidence, and after 15 years as the undisputed #1 in business litigation, we fell to #11.
I challenged Coffey with the following direct question, “Sir, do you think the fact that Chancellor Bouchard engaged in “boondoggle”, travel excursions with one-side’s attorney during the decision-making phase of the TransPerfect case actually created a conflict of interest and an appearance of an impropriety?” Coffey’s answer was firm and unequivocal, “Absolutely-YES!”
Folks, for those of you that couldn’t hear Chris Coffey’s speech live, I am telling you his answer and his entire speech sounded statesman-like and remarkably credible. I believe this group represents the best chance Delaware has for reform, positive change, and a fresh start — but, they must defeat a well- off Bouchard and his establishment, “good old boys” club to get it done. Make no mistake, there will be a significant battle for Delaware’s; future playing out in the 2020 election! Buckle up!!!
I then observed the Chancery Court argument. Former TransPerfect co-CEO Elizabeth Elting’s attorneys (after Bouchard handed them a $400 million check) are arguing for another $200,000. With each side lawyered up, according to the TransPerfect employees I interviewed at the Court House, this hearing will cost over $500,000 for each litigant. What judge allows $1 million to be spent to argue over $200,000??? So again, I expect payola is responsible for why this Chancellor would even have this hearing at all. In my view, it might be because his lawyer buddies could bank yet another payday on the backs of the dedicated, TransPerfect employees. It’s shameful and disgraceful!!!
In a packed courtroom, with many TransPerfect employees who believe they are all victims of Bouchard’s corruption staring at the Chancellor, I had two observations worth mentioning that won’t be found in any other transcript:
1) Bouchard appeared judicial and didn’t even resort to his biased name-calling.
2) His best pal Kevin Shannon of Potter Anderson said ABSOLUTELY NOTHING and left via a secret exit to avoid my questioning.
If someone hadn’t seen Bouchard in action before this hearing, they may have mistaken him for actually being an ethical judge on this specific day. I guess when there are a courtroom full of antagonistic folks staring you down, it must engender self-reflection.
Like the many TransPerfect employees, I will wait for the ruling — but having seen Bouchard’s judicial antics for years, I’m not sure this subjective Judge will ever rule against his best buddy, Kevin Shannon, no matter what facts are presented.
Then the fun began with a huge TransPerfect party with a fancy sit-down dinner at the Hotel DuPont. At least 300 people packed the place to celebrate that TransPerfect had survived Bouchard’s “DISSOLUTION” order, and despite these trials and tribulations, is still doing quite well as a company. (Never did their revenue slow, not even during the case.) Besides TransPerfect employees, participants included concerned Delaware citizens, a great band, the winning legal team ( including Alan Dershowitz), Villanova basketball star Kris Jenkins, Super Bowl Champion Philadelphia Eagles tight end Brent Celek, Cindy Green – Registrar of Wills office in Sussex County, Delaware Senator Colin Bonini, Sam Waltz of The Delaware Business Times, and to top it all off, a great show by Saturday Night Live star Colin Jost.
TransPerfect CEO Philip Shawe gave a gracious speech, praising all of his employees for their dedication and loyalty. Without a doubt, this man has earned the love and respect of an army of people over his 27 years in business. No one should spend their whole life building a company, and have court corruption seize it and try to auction it off to a competitor. These employees were great, happy, and thankful to still have jobs. During the evening, it really hit home to me how much Bouchard’s obvious lies and defamatory name-calling must have hurt these families over the Chancery’s 5-year occupation of TransPerfect. Bouchard called these hard-working normal folks “Dysfunctional” — In my view, this grotesque misrepresentation, was made so he could take over the company and enrich his friends. Its just unacceptable!!!
Make no mistake folks, what happened to TransPerfect in Delaware wouldn’t even happen in Russia — it’s disgusting. Regardless, I saw a company on Wednesday night that had overcome perceived corruption, while keeping the American Dream alive for themselves, and hopefully for entrepreneurs all over the world. Delaware’s business future however, will be in the hands of our Elected Officials.
Lastly and on a personal note, it was gratifying for me, as I was actively acknowledged by the employees — many who felt they were silenced and oppressed by Chancellor Bouchard and Skadden Arps Custodian Bob Pincus. They felt that I have helped give them a voice through my reporting. I told them I am honored to shine a light on injustice and corruption, and that I will continue to do so for my readers.
As always your comments are welcome and appreciated.
Yours truly,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Wow, Leo Strine, Chief Justice of the Delaware Supreme Court, protégé, intern, and protector of Chancellor Andre Bouchard and law partner with him at Skadden Arps (the infamous law firm, which has been fined by the U.S. government for illegal lobbying), is stepping down with half his term unfinished! I wonder if the shame and disgrace of the perceived TransPerfect heist happening under his watch had played a role? Could he have been forced out based on Delaware’s plummeting rating for business and also possibly because of allegations of serious irregularities?? Could a scandal be coming that Strine knows about???
Strine, in a nonsensical majority opinion, upheld Bouchard’s ridiculous rulings on appeal because as I see it folks, he’s Bouchard’s pal in fleecing TransPerfect under the guise of “deadlock” at a wildly successful corporation. Remember, the only female jurist, Justice Valihura (a non-member of the old boys club) wrote a brilliant dissenting opinion establishing the illegality of Bouchard’s ruling under Delaware law and the U.S. Constitution.
While he may have political ambitions, in my opinion, these are a pipe-dream based on the many skeletons in Strine’s closet. Further, in my view, TransPerfect has defined his and Bouchard’s administrations. As I have been saying for the past few years, their handling of this case from my perspective has been a disgrace, a farce, and the shame of Delaware. Make no mistake, in my mind, TransPerfect is huge part of the reason Strine is stepping down.
Could Strine know something is amiss? He and Bouchard, very plainly in my view, usurped and engineered the outcome of the TransPerfect case to enrich their former law partners and good ole boy cronies. To me, Bouchard is clearly the puppet master, and still in charge of his former underling, Strine. Delaware would be a thousand times better off if Bouchard would agree to step down as well.
Regardless, they both reek of improprieties in my opinion. Good riddance Strine! Please feel free to take, what I consider, your “Bonnie & Clyde” partner, Andre Bouchard with you! Let’s make room for Karen Valihura as Chief Justice!!! She makes her decisions based on respect for the Constitution and the rule of law. She is the polar opposite of Strine and Bouchard, honest and dedicated. Valihura has the endorsement of the Coastal Network, that is for sure.
To my way of thinking, Strine and Bouchard are a disgrace. I will continue to share that opinion. One down, folks. One to go!
The Delaware Judiciary needs a fresh start!
Please read the breaking news article below from the “Delaware News Journal” and Sam Waltz’s article in the “Delaware Business Times” (written in May!) just below it.
As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
https://www.delawareonline.com/story/news/2019/07/08/leo-strine-delaware-supreme-courts-chief-justice-steps-down/1672795001/
Leo Strine, Delaware Supreme Court’s chief justice, to step down
Delaware News Journal
Published 3:43 p.m. ET July 8, 2019 | Updated 4:08 p.m. ET July 8, 2019
Leo E. Strine Jr., Delaware’s witty and sometimes controversial Supreme Court chief justice, is stepping down from the bench with about half of his term remaining.
Strine delivered his resignation letter to Gov. John Carney on Monday, stating that he plans to retire in the fall. The press release from the governor’s office did not detail why Strine plans to step down.
Strine’s spokesman said the chief justice is on vacation and not available for comment.
“I can say to you with confidence that the judiciary of this state is strong, that we are addressing our challenging and diverse caseloads with diligence, skill and dispatch and that we are continually looking for new ways to serve the people of Delaware even more effectively,” Strine wrote in his resignation letter.
He was nominated to a 12-year-term by former Gov. Jack Markell in 2014, replacing former Chief Justice Myron Steele.
During his tenure, the court invalidated the state’s death penalty and ruled on controversial land use issues including the development of Barley Mill Plaza in Greenville and weighed in on billion-dollar business disputes.
Delaware Chief Justice Leo Strine in March 2015. (Photo: The News Journal)
Before his appointment to the state’s highest court, Strine served as a judge and chancellor on Delaware’s Court of Chancery from 1998 where he developed a reputation as a huge personality in the world of corporate law.
Delaware Supreme Court Chief Justice Leo Strine questions an appellant before the court. (Photo: XERXES WILSON/THE NEWS JOURNAL)
Strine grew up in Hockessin and, in the private sector, was a corporate litigator for Skadden, Arps, Slate, Meagher & Flom, one of the largest law firms in the country.
Prior to his time on Chancery, he was counsel to former Gov. Tom Carper, who is now a longtime Delaware U.S. senator.
Rumors of his potential departure have been circulating for months, partially fueled by him not hiring legal clerks for the upcoming court calendar.
His stepping down begins a process in which current Gov. John Carney will nominate his successor, a dance that will be watched closely by legal and corporate circles around the world given Delaware’s prominence in business.
NEXT ARTICLE BY SAM WALTZ:
https://www.delawarebusinesstimes.com/waltz-strine-retire/
Sam Waltz: Strine to Retire Soon?
May 13, 2019 on Hon. Leo Strine Jr.,
By Sam Waltz (Founding Publisher) in Delaware Business Times
The widely anticipated early retirement of Delaware Supreme Court Chief Justice Leo E. Strine Jr. seems to be the state’s “worst-kept secret,” rivaling Joe Biden’s 2020 presidential hopes, and is being discussed openly in some of the state’s loftiest circles.
I’ve reached out to the Chief Justice for comment. I’ve not heard back from him, and frankly I didn’t expect to. He’ll make his announcement on his own schedule, and he deserves to.
He’s accomplished a lot for a mid-career legal counselor, just 55, even more than prestigious jurists 20 years older.
But failing to recognize and perhaps even memorialize the rampant speculation would be journalistic malpractice.
So, at the risk of preempting His Honor, here we are. (I’ve known Leo’s mother and father, a banker and a wealth manager respectively, for years, even longer than I’ve known Leo, but I’d never put them in the awkward position of asking them about it.)
Buttressing this massive speculation — which I first heard two months ago — is the fact that he has not hired any clerks for the court’s next calendar year, which begins in September .
Ordinarily that occurs before the end of the previous year, when such clerks are interviewed and hired. They are prestigious positions, and, in Delaware, it’s not unusual for former clerks themselves to ultimately ascend to the bench.
So far, I’ve chatted about this with some of the state’s highest officials and former officials, about a dozen of them, in the judiciary, in Legislative Hall and even in the lobbying corps and prominent members of Delaware’s bar. Everyone seems to have had heard it, but each asked for anonymity — no one wants to get caught spilling the Chief Justice’s secrets — and then went on to discuss it openly.
Chief Justice Leo Strine assumed office on Feb. 28, 2014, succeeding retiring Chief Justice Myron T. Steele. Previously, he’d served on the Court of Chancery since 1998, appointed there by Gov. Tom Carper, whom he had served as legal counsel. He ascended to head the court as Chancellor in 2011, before he was moved to the Supreme Court in 2014 by Gov. Jack Markell.
(Note, too, that in Delaware, even going on the Bench requires significant ambition. Attorneys must apply to the Judicial Nominating Commission, be interviewed, and be recommended to the governor for the position. It’s not a process for the reticent or modest!)
He earned a bachelor’s degree from the University of Delaware, and his law degree from the University of Pennsylvania. He grew up in Hockessin, where his parents and his family still live, and he graduated A.I. du Pont High School in Greenville. He served in some prestigious legal clerkships himself and worked for the prestigious Skadden Arps firm before joining Gov. Carper.
The two big questions on all minds now seem to be …
• When will he announce his retirement?
• What will he do next?
Dealing with the second question first, two things are mentioned.
First, people with his background and accomplishments make a huge personal financial sacrifice in serving on the bench, although it does advance their billing rates when they re-enter private practice.
It’s not out of the realm of the expected to anticipate that Chief Justice Strine could and would pull in $1 million a year, perhaps even more, in private practice. And part of the speculative reason is that he’s at the stage with young adults heading off to college, so his family would benefit from the change.
Beyond that, though, one or two speculated that he really wants to be governor one day, and a lucrative legal career would secure his family’s future for a return to public service in an elected role.
Certainly, he’ll have some competition if he runs in 2024 when the Democrat establishment thinks Gov. Carney will complete his second term. Lt. Gov. Bethany Hall-Long, U.S. Rep. Lisa Blunt Rochester, Insurance Commissioner Trinidad Navarro and Rep. Bryan Townsend are among the dozen or
so names prominently mentioned as prospective Carney successors.
As to the question of when he’ll announce, well…
Speculation centers on the Delaware Bar Association’s annual Bench & Bar Conference, convened at the direction of the Chief Justice himself, this year at 8:30 am on June 14 at the Chase Center on the Riverfront. Interestingly, theme of this year’s conference is “Pathways and Reflections: Adventures in Law.”
“All of us think it will be there, at the Bench & Bar conference,” said one of the state’s highest-placed officials. “Many of us will already be standing, so Leo will automatically have a standing ovation when he announces.”
Historically, that conference had an afternoon-evening component, and that would have taken place later in the day. This year, it starts in the morning, so we’ll see what works out.
OPINION
Dear Friends,
Eventually folks, potential corruption or systems that help to make corruption tempting — especially in an Equity Court System where the Judge is omnipotent under the law — people rise up and demand change. Such is the case in Delaware’s Court of Chancery under the leadership of Andre Bouchard, who orchestrated in my educated opinion, the largest legal rip-off in U.S. history. Or at best, condoned and facilitated the fleecing of $250 million from TransPerfect Global, which benefited his former business partners.
The rub here is that, in my view, the former business partner, Robert Pincus of the notorious Skadden Arps law firm, over-billed millions of dollars that have not been itemized or reconciled, but were approved by Andre Bouchard, who refuses to let anybody see the bills.
Combined with his previous ridiculous rulings, sanctioning CEO Philip Shawe to the tune of $7.1 million while allowing the Plaintiff’s attorney, Kevin Shannon to bill an additional $1.7 million in unitemized fees, which Bouchard slammed onto Shawe as well.
The pathetic and obvious bias by Bouchard, the unorthodox operation by the hand-picked Custodian (Robert Pincus), and the arbitrary and capricious acts of avaricious behavior by these judicial entities has awakened again a sleeping tiger, known as the “Citizens for a Pro-Business Delaware”!
The group, made up of 2,700, is pushing legislation that would create transparency and fairness in Delaware’s Chancery Court. You can count on the incestuous Delaware judicial-swamp to fight the “Citizens for a Pro-Business Delaware”.
Please read the press release below, which tells about the proposed legislation that would bring a needed, and now demanded, transparency to the Delaware Court of Chancery.
As always your comments are welcome and appreciated.
The new legislation would require that custodians appointed by the Chancery Court must itemize and publicly disclose a complete accounting of the costs they’ve passed on to the companies under their control so that the public, and the companies themselves, know how their money is being spent.
The bill is a response to Delaware Chancery Court Chancellor Bouchard’s abuse of court rules, as he appointed a court custodian and ruled that TransPerfect – which is incorporated in Delaware and has nearly 4,000 employees globally – should be sold as a result of an internal dispute between the company’s ownership.
Over eighteen months after the historic TransPerfect case was settled in 2015, the custodian in the case, Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. His responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended in 2017.
The law firm of Skadden, Arps, Slate, Meagher and Flom — Chief Justice Andre Bouchard’s last employer before joining the Chancery Court — has received a significant amount of the $250 million that was spent on the case.
“This is simple, common-sense legislation, and a necessary step towards a more transparent and fairer Chancery Court,” said Miranda Wessinger, president of Citizens for a Pro-Business Delaware. “When you eat a meal at a restaurant, you get a receipt with a breakdown of the charges. Why shouldn’t the Chancery Court be required to do the same for companies they’re forcing to pay millions in legal fees? When court-appointed lawyers are able to charge thousands of dollars an hour for “undisclosed services,” corruption runs rampant.”
Citizens for a Pro-Business Delaware is a group of more than 2,700 members including employees of the global translation services company TransPerfect, as well as concerned Delaware residents, and business executives. While their primary goal of saving TransPerfect has been accomplished, they continue their efforts to defend the company’s employees and fight for transparency in the Delaware Chancery Court. For more information on Citizens for a Pro-Business Delaware or to join the cause, visit DelawareforBusiness.org
Why have evidence or witnesses to make your case in Delaware’s $250 million TransPerfect fiasco? When your name is Kevin Shannon, and your friends are wearing the robes, in my opinion, you don’t need evidence or witnesses — cause you have the game rigged in your favor.
If this isn’t illegal, it surely ought to be. Frankly, I see this as a disgusting and disturbing view into how our Chancery Court apparently now works?
After following Andre Bouchard’s first couple of years, which I viewed as suspect, followed by his mismanagement of the TransPerfect Global case, I decided to Google the names of the folks involved in the case to see if my suspicions were correct. Were there actual conflicts of interest and personal connections?
Folks, please look at the boondoggling schedule I was able to come up with by doing that digging on Google: Kevin Shannon of Potter Anderson, with Andre Bouchard (well-documented BFF) and Leo Strine, in and around the 5 years of shame related to the TransPerfect case.
I could write a serious diatribe about how corrupt this appears to be, just by referencing the Delaware Judicial Cannons, which are clear and on point, but I will let the dates and facts speak for themselves. How dumb these people must think the Delaware public is??!
Folks, after looking at the facts, it is hard to fathom for me — and should be for any reasonable person — when seeing the incestuous relationships between these individuals and their conflicts of interest, that this judicial arrangement, which apparently is condoned by the Delaware Legislature, is just plain wrong!!!
To add insult to injury, for Bouchard and Strine, this boondoggling is on the tax- payers’ dime.
Look for yourself:
Shannon / Bouchard / Strine Boondoggle Calendar
(and these are just the one’s we know about from Google?!?)
There you have it folks — clear evidence of these incestuous connections and when you put these relationships together with the actions of the same players combined with the rulings from Bouchard and Strine and then add the former business partner from Skadden Arps, Robert Pincus, into the mix as the appointed Custodian in the TransPerfect case, all working in unison to seemingly profit from the case. I cringe at the obvious appearances of impropriety and the possible corruption. There should be no doubt about the integrity of these Courts. Unfortunately, they are suspect and it is right in our faces!
I urge you to contact your legislators and tell them about your concerns! This will be an issue in the 2020 election.
Breaking news on TransPerfect Global: Just 1-year after the company was “dissolved” and auctioned off by Chancery Court Chancellor Andre Bouchard in what I see as the most radical and corrupt decision in American business law history, TransPerfect is now the darling of Wall Street.
How is it possible that a company deemed the most
“dysfunctional” in the world, requiring a 3-year government
occupation ordered by our own Andre Bouchard’s Chancery Court, $250 million
spent (much of which remains still undisclosed, Mr. Bouchard), and then
dissolved and auctioned off — is now so successful that the world’s leading
banks are happily lending money to it?
It’s clear to me that the whole thing was a LIE. Read the Slator story below about Bank of America, JPMorgan and Citigroup lending TransPerfect hundreds of millions and reflect back on how the Chancery Court treated this company and draw your own conclusions.
As always, your comments are welcome and appreciated. Especially upon reading this news.
TransPerfect is cutting its interest expense. The world’s largest language service provider by revenue is refinancing a USD 445m credit facility used to buy out the company’s co-founder Liz Elting after a years-long legal battle ended in late 2017.
In a process that saw him compete against H.I.G. Capital,
private equity owner of arch rival Lionbridge, TransPerfect CEO Phil Shawe
eventually succeeded in gaining sole control of the company he co-founded.
According to a press statement, the new USD 450m credit
facility (consisting of a USD 400m term loan and a USD 50m revolving credit
line) will replace and terminate the previous USD 445m credit facility.The
relatively quick refinancing of a higher-interest loan can be seen as a vote of
confidence in a business that generated USD 705m in revenue and USD 92.3m in
EBITDA in 2018. The new loan will shave off around USD 15m from TransPerfect’s
annual interest expense and was provided by a syndicate arranged by Bank of
America, JP Morgan, and Citibank with Bank of America acting as the sole
administrative agent.
Asked how he is planning to reinvest the funds freed up by
the refinancing, Shawe told Slator that “one of the reasons I was able to put
together a compelling bid for the company, was because I was not interested in
pulling money off the table, so to speak. This USD 15m in savings per year will
be used to finance growth through any or all of the following: M&A,
Technology R&D, Talent Acquisition, Geographic Expansion, and General
Corporate Purposes.”
“We have sufficient ‘dry powder’ to complete a major
acquisition”—Phil Shawe, CEO, TransPerfect.
To maintain its current growth trajectory TransPerfect will
have to diversify into new verticals and offerings. Shawe confirmed that while
he sees continued growth in the company’s traditional business lines, he
expects areas such as “Media, Gaming, AI training and several other areas of
focus for us in 2019/2020” to outperform.
So far TransPerfect has largely stayed on the sidelines
while competitors have been busy doing deals over the past two years. But this
may be about to change. “One of the advantages of this current financing is the
opportunity it has given TransPerfect to forge deeper relationships with
several of the world’s leading banks,” Shawe said. “Given our current leverage
position, we feel very comfortable that we have sufficient ‘dry powder’ to
complete a major acquisition should the right opportunity arise. Fortunately,
because of the investments we’ve made over the years, such in our sales force
and in our technology products, we are not dependent on M&A to drive
growth.”
Folks, after looking at the facts, it is hard to fathom for me — and should be for any reasonable person — when seeing the incestuous relationships between these individuals and their conflicts of interest, that this judicial arrangement, which apparently is condoned by the Delaware Legislature, is just plain wrong!!!