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OPINION

Dear friends,

Last week I shared with you that Andre Bouchard, Delaware Chancery Court Chancellor, unsubscribed from my distribution list. While he’ll be missing out on my Coastal Network news, one thing I have heard, he won’t be missing out on is money. He seems to be swimming in it and drives a fancy Bentley.

Perhaps all his money was legitimately earned in the private sector or inherited? We will never know because of Delaware’s archaic laws which allow judges to hide assets from public scrutiny.

Further bothering me, he’s among the highest-paid “public” servants living on your tax dollars making a little less than $200,000 per year! I find this irritating, since this man from some of his court ordered actions, in my opinion lives on serving himself and his cronies, who he has seemingly made quite wealthy from the TransPerfect case, rather than serving justice. See the Delaware News Journal story below on our highest-paid state government workers.

Do you think he takes that responsibility by showing unbiased leadership? I think not. He is a scoundrel in my opinion. The amount of money, I have learned from my reliable sources, that he took from TransPerfect and its employees is staggering. To add insult to injury, he apparently continues to authorize and enforce an outrageous “pay-off” to his old firm Skadden Arps in an amount over $100,000 per month on average, for two years after the case. Bouchard then seals the details of their disputed “work” so the public nor TransPerfect officials cannot see or challenge it. I wish this was fiction, but from my research, although amazing, it appears to me to be an unbelievable reality — and Delaware just seems to let the looting continue.

While he makes top money financed by OUR tax dollars, in my view, he’s no leader. No one in Delaware should ever have to wonder about verdicts being bought and sold in the hard-to- catch world of “favor banks” — but in my opinion, it happens regularly in Bouchard’s Chancery Court. There are many appearances of impropriety that are apparent to the objective observer.

This Court should lead by example — with full transparency — especially in the wake of all these allegations of judicial misconduct. But no! The Good Old Boys Network won’t investigate — they just pathetically circle the wagons to protect their own — and themselves.

I call for Andre Bouchard to step down — but if you’re going to stay — against what’s best for Delaware — and continue to serve your rich, powerful cronies — then open the Skadden Arps billing records!?!

Folks, I would love to hear your thoughts on what I see as the opposite of public service and leadership at the very top of our Chancery Court. Please let me know what you think.

Yours truly,

JUDSON Bennett, Coastal Network

https://www.delawareonline.com/search/top-paid%20workers

Majority of Delaware’s top-paid state workers are men, four women make more than $200,000

Here’s the top paid public employees in Delaware

These ten public employees made over $200,000 each in 2018.

Jenna Miller, The News Journal

Twenty-two of Delaware’s 30 highest-paid state workers are men.

That’s according to salary figures from the Office and Management and Budget as of August.

Of the top 10 paid men in 2019, nine earn a regular salary that tops $200,000 per year. That doesn’t include any extra pay such as stipends, benefits or overtime.

Four of the top 10 paid women make that much, and the highest-paid female state worker makes less than the top three male workers.

The names include several of the 21 state employees who earned more than $200,000 in 2018.

Twenty-two of Delaware’s 30 highest-paid state workers are men.

That’s according to salary figures from the Office and Management and Budget as of August.

Of the top 10 paid men in 2019, nine earn a regular salary that tops $200,000 per year. That doesn’t include any extra pay such as stipends, benefits or overtime.

Four of the top 10 paid women make that much, and the highest-paid female state worker makes less than the top three male workers.

The names include several of the 21 state employees who earned more than $200,000 in 2018.

Nine of the top 10 paid men make more than $200,000 per year

  1. Mark Brainard, president of Delaware Technical Community College
    SALARY: $249,900
  2. Dr. Gary Collins, chief medical examiner at the Division of Forensic Science
    SALARY: $245,092
  3. Dr. Richard Margolis, medical director of the Department of Services for Children, Youth, and their Families
    SALARY: $237,751
  4. Dr. Francis Krolikowski, Division of Forensic Science assistant medical examiner
    SALARY: $227,000
  5. Dr. Clarence Watson, former medical director of the Division of Substance Abuse and Mental Health
    SALARY: $216,673
    Watson left his position for a job out of state in August, according to a health department spokesperson.
  6. 6. Mark Holodick, Brandywine School District superintendent
    SALARY: $206,626
  7. 7. Leo Strine, retiring Supreme Court chief justice
    SALARY: $206,148
  8. 8. Dr. Rick Hong, medical director at the Division of Public Health
    SALARY: $204,000
  9. 9. Dr. Gerard Gallucci, Delaware Psychiatric Center Residency Program director
    SALARY: $200,214
  10. 10. Supreme Court Justices Collins Seitz, Gary Traynor and James T. Vaughn are tied for 10th place
    SALARIES: $197,245

Four of the top 10 paid women make more than $200,000 per year

1. & 2. Tied for highest paid female state employee are Dr. Jennie Vershvovsky and Dr. Jennifer Swartz, both Division of Forensic Science assistant medical examiners
SALARIES: $227,000

3. Dr. Awele Nwamalubia Maduka-Ezeh, medical director for the Delaware Department of Correction
SALARY: $222,230

4. Dr. Sherry Ann Nykiel, chief psychiatrist at the Division of Substance Abuse and Mental Health
SALARY: $215,657

5. Karen Valihura, Supreme Court justice
SALARY: $197,245
Valihura makes the same as her male colleagues — Supreme Court Justices Vaughn, Traynor and Seitz — who are tied for the 10th highest paid male government worker.

6. Jan Reed Jurden, Superior Court president judge
SALARY: $196,738
Jurden makes the same as Court of Chancery Chancellor Andre Bouchard and Family Court Chief Judge Michael Newell, neither of whom made the list of top 10 highest male earners.

7 & 8. Dolly Mishra and Ramita Shrestha, psychiatrists at the Delaware Psychiatric Center, are tied.
SALARIES: $195,139
Mishra and Shrestha make the same as their male counterpart, Daniel Michael Grimes, who didn’t make the top 10 for men.

9 & 10. Tied are Delaware’s three female vice chancellors in the Court of Chancery; six female Superior Court judges and 10 female Family Court judges.
SALARIES: $185,444
Those female judges make the same as their male counterparts.
Despite being among the top 10 highest compensated women, none of them are in the top 30 paid state workers. They’re still behind several men on the list:

OPINION

FORMER VICE PRESIDENT JOE BIDEN AND SON HUNTER MUST BE INVESTIGATED FOR UKRAINE SITUATION

Dear Friends,

The Democrats in Congress and the biased media must think we the people just fell off the turnip truck. Folks, I am from Delaware and I have been watching Joe Biden’s operation for years. The bottom line is that his family has profited by his political connections.

If there was ever an example of “Quid Pro Quo” then Biden’s actions in the Ukraine are it. Let’s call it what it really is : “Pure Extortion”. For the Vice President of the United States to publicly brag how he threatened to withhold ONE BILLION dollars from the Ukraine if the government did not fire the Chief prosecutor who was investigating the gas company on which his son Hunter Biden served on the board, is more than suspicious. It reeks of corruption !

Hunter received over $80,0000 per month for doing nothing! He knows nothing about energy, does not speak Ukrainian, and yet he is put on this Board because his daddy is the VP of the US. Biden got the Prosecutor fired because he was investigating the company that was paying his son. : Biden is quoted as smugly saying, after he threatened the Ukraine president and the prosecutor was fired and son Hunter’s cushy arrangement was able to continue, ” Son of Bitch, they fired him.”

Folks, since when is it the policy of the United States to tell another government to fire its attorney general or a billion dollars in aid will be withheld? Oh and by the way it protects his son Hunter. This is corruption, this is extortion and bribery, and it is influence peddling. It was thrown right in our faces. The Obama administration covered it up and so did the media.

Joe Biden and son Hunter must be investigated. if indeed a crime has been committed, then prosecution should happen. Under these circumstances, Joe Biden should never be President of the United States.

I think the people now recognize the corruption that Biden seems to have been part of for years. This combined with his obvious mental deterioration will surely sink his ship. I predict Biden will not get the nomination for the Democrat nominee for President of the United States as a result. Thank God for that !

Best regards,

JUDSON Bennett-Coastal Network

OPINION

Dear friends,

Take a look at the story below folks and see if you agree with me that there’s no judge who could “bungle” this much? In my opinion, these controversial Chancery Court rulings are a pattern, a pattern that always somehow seems to benefit Andre Bouchard’s inner circle and favored law firms.

It’s just not possible that one man could make this many “bungles”?!

As I understand this case, I see it as the Chancellor is allowing his favored party to screw over a shareholder and change contracts retroactively to make it OK. I predict that the Delaware Supreme Court will have his back no matter what, especially given the amount of criticism that Chancellor Bouchard has faced.

Don’t you long for the days when Delaware cases were decided on the merits, and not based on the judges’ relationships? When they were decided in the courtroom, and not the Country Club?

See the article below. Bouchard’s Chancery Court antics appear to continue, undeterred by the public’s disapproval. Let me know your thoughts.

Yours Truly,

JUDSON Bennett-Coastal Network

https://www.law360.com/corporate/articles/1219350/chancery-badly-bungled-stock-fix-ruling-del-justices-told

Chancery Badly Bungled Stock Fix Ruling, Del. Justices Told

By Jeff Montgomery

Law360 (November 13, 2019, 10:13 PM EST) — Investors in furniture company Design Within Reach told Delaware’s Supreme Court on Wednesday that the state’s chancellor violated “bedrock law” in allowing use of technical corporate act correction rules to retroactively validate a controlling stockholder’s holdings and a later $170 million merger.

David B. Hennes of Ropes & Gray LLP, counsel for investor Andrew Franklin, told a three-justice panel that Chancellor Andre G. Bouchard incorrectly applied sections 204 and 205 of Delaware’s General Corporation law when DWR and controlling hedge fund Glenhill Capital Management LP were confronted with challenges to their holdings after DWR’s $170 million merger with Herman Miller Inc. in 2014.

Investors Charles Almond and Franklin, in suits dating to 2014, argued that they suffered at least $131 million in damages through shifting of merger consideration to Glenhill and DWR insiders as a result of invalid stock transactions, charter amendments and improper ratification of improper corporate acts.

The lower court’s actions violate “bedrock law which holds that courts may not rewrite contracts even if one of the parties later believes it negotiated a bad deal,” Hennes said. He added that the Delaware General Corporation Law provisions involved “did not change the law of contracts in this state and did not confer on courts the power to rewrite contracts.”

Chancellor Bouchard ruled in an 83-page opinion in August that he had approved actions by Herman Miller to rectify or validate contested actions that would otherwise have diluted ownership stakes, and said that the investors who sued were, rather than challenging the fairness of the merger, trying to “secure a larger portion of the merger consideration for themselves by challenging transactions that occurred before the merger.”

Hennes argued that Chancery Court lacked authority to rewrite contracts in ways that provided terms “not obtained at the bargaining table.” He also said that the Chancery Court essentially granted a reformation of a certificate of designation of DWR stock, although he alleged a reformation claim was never presented to the chancellor or decided.

Chief Justice Collins J. Seitz Jr. told Hennes that in Section 204 and 205 actions “there’s always going to be a mistake involved, isn’t there? So I’m still a little puzzled when you say they didn’t argue mistake. They’re arguing there was a mistake that was made, and Sections 204 and 205 were designed to correct those mistakes, which resulted in a defective corporate act.”

John D. Hendershot of Richards Layton & Finger PA, counsel for Herman Miller, said that the investors who sued have never challenged the chancellor’s exercise of discretion.

“The relief is nothing more than putting parties back in the position they believe they occupied between 2010 when the reverse split happened and 2014 when the merger occurred,” Hendershot said. “The chancellor found the defendants have no inequitable motivation in causing the problems that were remedied, and he found the plaintiffs were seeking an inequitable windfall.”

The shareholders also argued Herman Miller failed to acquire the 90 percent ownership interest required to complete the merger and that selling stockholders only owned about 60 percent of the company’s common stock due to the defective conversion.

Glenhill acquired control of DWR in 2009 with a $15 million investment, and later stock transactions granted Glenhill Capital Management LP, managing member Glenn Krevlin or DWR board members additional common or preferred shares.

Also at issue in the appeal is a stockholder bid for reargument of claims that directors or members breached fiduciary duties and benefited from overpayments before the merger. The chancellor concluded that those claims were derivative in nature, and under case law, a merger extinguishes a plaintiff’s standing to maintain a derivative suit.

Justice Seitz, Justice Karen L. Valihura and Justice James T. Vaughn Jr. sat on the panel and said they would take the arguments under advisement.

Andrew Franklin is represented by Stephen C. Norman and Jaclyn C. Levy of Potter Anderson & Corroon LLP, David B. Hennes, Martin J. Crisp and Isha Ghodke of Ropes & Gray LLP and Scott J. Watnik of Wilk Auslander LLP.

Charles Almond and the Almond Family Trust are represented by Peter B. Ladig of Bayard PA.

Herman Miller Inc. is represented by John D. Hendershot and Brian F. Morris of Richards Layton & Finger PA and Bryan B. House of Foley & Lardner LLP.

The case is Charles Almond as Trustee for the Almond Family 2001 Trust v. Glenhill Advisors LLC et al., case numbers 215,2019 and 216,2010, in the Supreme Court of the State of Delaware.

The case under appeal is 10477 in the Court of Chancery of the State of Delaware.



–Editing by Michael Watanabe.

OPINION

Dear Friends,

The Coastal Network has over 6,000 subscribers/members, including all of you good people, who are reading this. This week we lost one.

The most controversial judicial figure in Delaware history, in my view, Chancellor Andre Bouchard, last week, canceled his subscription.

Indeed, I have been quite critical of the Chancellor, having observed his method of operation, which includes, as I see it, many appearances of impropriety and his subjective, capricious, biased, and baseless decisions.

The Chancellor may now act like he’d like to ignore or doesn’t care about the Coastal Network’s criticism, but history would prove otherwise. Bouchard, actually once wrote me a letter when I complained about his handling of the Sussex County Register of Wills office in regard to his various appointments for Chief Deputy.

So I say, so long Chancellor Bouchard, the Coastal Network has unsubscribed you at your request. Good riddance! Feel free to unsubscribe yourself from the bench as well, a position, which in my view, you seem to abuse your power in order to enrich your cronies and favored law firms.

Any objective observer who studied the TransPerfect case in its entirety, in my view, should arrive at the same opinion I have, which is something is rotten in Andre Bouchard’s Chancery Court.

Indeed, it cannot be argued that perceived corruption is bad for our state. Bouchard’s cronies might want him in this job, but believe me, many Delaware citizens I have spoken with surely have no trust for this Chancellor.

Bouchard, as far as I’m concerned, has been clearly identified through his own suspicious and subjective actions as presenting an unhealthy image for our once respected, Delaware Chancery Court. The dark shadow that has been cast would be lifted by his resignation and create sunlight again for justice and equity in Delaware.

Bouchard, you have been unsubscribed. However, the poor decisions I believe you have made in the past few years will not be erased, and I will continue to write about them.

Yours truly,



JUDSON Bennett-Coastal Network

OPINION Dear Friends, A month ago, during a conference with attorneys, Delaware Chancellor Andre Bouchard ruled that all bills charged from the law firm of Skadden Arps to TransPerfect must include detailed time records. Here we are a month later, folks, and my sources and the court-docket all tell me: No itemized bills in sight! This, even though Skadden was “ordered” to provide the bills in October. Outrageous!!! In my mind, it would be nice for Skadden to have the ex-Skadden Chancellor in their pocket?!? You’ll see from the Delaware Business Now story from last month below, that Bouchard allowed the company to finally see itemized bills of Robert Pincus from his firm Skadden Arps… at least that’s what we thought?! It’s turning out, in my opinion, Bouchard might be creating another appearance of an impropriety by not enforcing his own court order? He wrote an order that gave lip-service to integrity and public scrutiny of Skadden’s bills, but as of now, it all appears to be yet another misrepresentation from Chancellor Bouchard? As I see it, folks, the Constitution’s requirement of open courts is toilet paper in Bouchard’s Chancery Court. What a disgrace! You have to ask yourself — when the defendant is not allowed to see the invoices — what is the Judge trying to hide? In my opinion, how do you not ask yourself if you’re in this case, is this fraud and court-sanctioned theft? My understanding is that TransPerfect is still being billed from $50,000 to $150,000 each month, nearly two years after the custodian resigned. From my perspective, it is prudent to consider that Bouchard and the Good Ole Boys in Delaware have possibly not decided to stop scratching each other’s backs and using their powers and connections to loot the coffers of companies like TransPerfect. Perhaps we all should think about this again! More to come on this story. See the Delaware Business Now story below and you’ll see that we’re all still waiting for these bills to be seen! Let me know your thoughts! As always, your feedback is welcome and appreciated. Respectfully Submitted, JUDSON Bennett-Coastal Network Read the story @ Delaware Business Now Lawyers
Chancellor orders law firm to include invoices in TransPerfect bills By Delaware Business Now – October 21, 2019 Delaware Chancellor Andre Bouchard has ruled that all bills from the law firm of Skadden Arps must include a detailed invoice. The ruling came during a conference with attorneys. Bouchard had earlier fined TransPerfect $30,000 a day for not paying bills. The translation services company is withdrawing a suit file in Nevada, its state of incorporation. The case included celebrity attorney Alan Dershowitz who was a member of TransPerfect’s legal team. “TransPerfect’s victory today was a major win for transparency and openness in the Delaware courts. Skadden’s billing, which remained hidden for too long, will now be subject to some level of review,” stated TransPerfect owner Philip Shawe. Shawe has locked horns with Bouchard in a long-running dispute over the sale of the company. Shawe prevailed in the case, which led to 50 percent owner Elizabeth Elting selling her stake in the company to Shawe. Skadden Arps is involved because its lawyer Robert Pincus was named by Chancery as the custodian for the sale of TransPerfect and recommended that Shawe buy out Elting. Chancery signed off on his decision, which was also upheld by the state Supreme Court. The state of incorporation for TransPerfect was later moved from Delaware to Nevada. TransPerfect attorney Martin Russo said, “I am very happy that the court finally has agreed to give us the tools to ensure the company is treated fairly. It seems that the eyes of the Nevada court on the matter may have had some positive effect.”
No citizen of Delaware or objective observer should ever have to wonder about equity and justice in Delaware’s Chancery Court. This Court, as with all Courts, should be absolutely pristine in all matters, with complete transparency. When the entire legal system in Delaware seems to be incestuous with unbelievable connections and apparent influences that create doubt, something is grotesquely wrong. Folks, when it appears a head judge assigns himself a big case because his buddy is the Plaintiff, there should be concern. When a Judge is so biased he accepts evidence from one side and not the other, there is reason to wonder. When a judge makes rulings that are unprecedented and totally subjective, it appears the system is being manipulated. When a personal friend and former business partner of the judge is appointed as a custodian and is allowed to bill unlimited amounts of money without itemization and accounting, there is the appearance of an impropriety. When the defendant is not allowed to see the invoices, what is the Judge trying to hide? When the Judge and the Plaintiff’s attorney go on an educational boondoggle together in New Orleans during the decision making phase of a trial, there is a conflict of interest and a clear appearance of impropriety. Throughout Delaware law, it is clearly stated that the appearance of an impropriety is as bad as the impropriety itself. I once read somewhere that: “When justice can be bought, it is worthless. Equality before the law should not be for sale to the highest bidder; rather, it is a living principle that is implemented by designated institutions and must be subject to continuous oversight and scrutiny.” Folks, that is not the way it is in the state of Delaware. Judicial Corruption is not just simply bribery, it is also when the job is not done as it was intended. Delaware’s Chancery Court is supposed to be about equity, never about enriching personal friends through judicial decisions. All of the above is what, in my view, has happened in Chancellor Andre Bouchard’s handling of the TransPerfect case. From your responses from my many articles about this frightening situation, it is clear to me that many people in Delaware no longer trust the Chancery Court, its method of operation, and its subjectivity contrary to previously decided law. When those who serve in the justice sector bend the law in exchange for favors in kind – by losing case files, evidence, or exercise extreme bias by delaying proceedings, issuing questionable sentences, or providing certain litigants preferential treatment – public trust in the institutions of justice becomes truly eroded. Certain lawyers, officials, legislators, and a Chancery Court judge seem to be extremely cozy in America’s First State, and have created a solid establishment that will protect its operation at all costs. I believe that Chancellor Andre Bouchard has clearly operated with innumerable appearances of impropriety in the TransPerfect case and he should be investigated and removed from the bench. Let me know if you agree or disagree! As always, your feedback is welcome and appreciated.

No citizen of Delaware or objective observer should ever have to wonder about equity and justice in Delaware’s Chancery Court. This Court, as with all Courts, should be absolutely pristine in all matters, with complete transparency. When the entire legal system in Delaware seems to be incestuous with unbelievable connections and apparent influences that create doubt, something is grotesquely wrong.

When it appears a head judge assigns himself a big case because his buddy is the Plaintiff, there should be concern. When a Judge is so biased he accepts evidence from one side and not the other, there is reason to wonder. When a judge makes rulings that are unprecedented and totally subjective, it appears the system is being manipulated. When a personal friend and former business partner of the judge is appointed as a custodian and is allowed to bill unlimited amounts of money without itemization and accounting, there is the appearance of an impropriety. When the defendant is not allowed to see the invoices, what is the Judge trying to hide? When the Judge and the Plaintiff’s attorney go on an educational boondoggle together in New Orleans during the decision-making phase of a trial, there is a conflict of interest and a clear appearance of impropriety.

Throughout Delaware law, it is clearly stated that the appearance of an impropriety is as bad as the impropriety itself. I once read somewhere that: “When justice can be bought, it is worthless. Equality before the law should not be for sale to the highest bidder; rather, it is a living principle that is implemented by designated institutions and must be subject to continuous oversight and scrutiny.”

Folks, that is not the way it is in the state of Delaware. Judicial Corruption is not just simply bribery, it is also when the job is not done as it was intended. Delaware’s Chancery Court is supposed to be about equity, never about enriching personal friends through judicial decisions.

All of the above is what, in my view, has happened in Chancellor Andre Bouchard’s handling of the TransPerfect case. From your responses from my many articles about this frightening situation, it is clear to me that many people in Delaware no longer trust the Chancery Court, its method of operation, and its subjectivity contrary to previously decided law.

When those who serve in the justice sector bend the law in exchange for favors in kind – by losing case files, evidence, or exercise extreme bias by delaying proceedings, issuing questionable sentences, or providing certain litigants preferential treatment – public trust in the institutions of justice becomes truly eroded. Certain lawyers, officials, legislators, and a Chancery Court judge seem to be extremely cozy in America’s First State, and have created a solid establishment that will protect its operation at all costs.

I believe that Chancellor Andre Bouchard has clearly operated with innumerable appearances of impropriety in the TransPerfect case and he should be investigated and removed from the bench.

Let me know if you agree or disagree! As always, your feedback is welcome and appreciated.

OPINION Dear friends, I wanted to say thank you to each of you who have shared your feedback over the past month or so, as I’ve been reporting on the latest developments in the TransPerfect case. What better way to say thank you then by publishing your comments. I appreciate all your kind words on the work I’m doing. Here are the most recent comments. I’m using first names only to keep your identity safe. Keep ’em coming my friends and I’ll keep publishing them! Feedback so far from my most recent piece: TransPerfect Wins Effort to Access Details of Skadden Arps Bills in Chancery Court Case From Sam: Hey Judson, Good article. I think Bouchard felt some pressure. From Karen: Bouchard said he “acted out of practical concerns” – Too bad he didn’t act out of practical concerns much sooner! Good reporting. From Vance: Transparency is pure sunlight and I bet Skadden will be scrambling to put together those invoices-LOL Good Job! From George: Bouchard is such a political hack. Terrible for Delaware. Good job, Judson. Best regards! Feedback from: TransPerfect Employee Lobby in Quest for Diversity is Successful- Bouchard Passed Over for Supreme Court From: Alice: Glad Bouchard did not get it! Good job JUDSON! From John O: Hi Jud, Really glad Seitz got it. I know him. He is a good man. I know him. From Peter: Judson, Thanks for the information. Why don’t you tell us how you really feel. Lol Keep it up! From John W: GOOD JOB—Love your articles Feedback from… Good Guys Winning in Spite of Constant Trouble Directed by Delaware’s Chancellor Andre Bouchard! From Kathy: Glad for TransPerfect—Bouchard has been really suspect throughout all of this! From Kevin: As a businessman myself and patriot, I can appreciate the Philip Shawe and TransPerfect success story. Your ongoing coverage of this saga has been amazing. Good job. From Howard: Hooray, This is an indication of good management when a company can succeed despite adversity. Glad for TransPerfect and Mr. Shawe. Good reporting Jud. Keep up the great work. From Rita: Happy for TransPerfect! From Albert: Thank you for keeping us informed about the Chancery Court and this amazing case.Glad TransPerfect is doing well despite its problems. From Allen: Bouchard has been a real jerk. Glad for TransPerfect. From Percy: NICE! From Rupert: The corruption in Delaware has been going on for years. You have been truly exposing it. Fabulous job. Watch your back bud! From Tom S: Thanks for the information. Very interesting. From Sarah: Hi Jud, I have been reading faithfully your expose’ of Bouchard and the TransPerfect case. Glad TransPerfect and Mr. Shawe are doing well. Shawe must be a tough cookie. Keep up the great work and service you have been doing for years. From Patty: Good for Mr. Shawe and TransPerfect. The pox on Bouchard! From Robert: Good Job Judson. Happy that Mr. Shawe and TransPerfect are doing well,despite the Chancery Court bullshit. My wife and I appreciate your articles. From Clint: Interesting stuff Jud. Before you starting writing about it, few of us were aware of the perceived corruption in the Chancery Court by Chancellor Bouchard. Cool that TransPerfect is doing well. The American dream is being realized. Isn’t it unbelievable that so many idiots want us to become a socialist country? Keep up the great job you are doing. All the best. From Sam: Glad for TransPerfect. Bouchard has got to go! From Richard: Hooray for TransPerfect. Love your articles! Thank you again folks for your comments both by email and on Facebook. I appreciate your feedback! Keep ’em coming! Respectfully Submitted, JUDSON Bennett-Coastal Network

Michael Gyure and Gloria Allred with Friars Club Donation to Women’s Equal Rights Fund

The Friars Club in New York City has long been coveted as the place to be when it comes to American comedy. The famous venue has been the scene of some of the most memorable moments in comedy history and is primarily known for its celebrity roasts; some even say the Club was the originator of the roast.

The Friars Club stage has been filled with the likes of Robin Williams, Sammy Davis Jr., Jerry Lewis, Chevy Chase and even Donald Trump. Bringing these greats to the stage since 2007, the man behind the Club and coordinating its coveted events is Executive Director, Michael Gyure.

Early Career

Born in New York, Michael Gyure spent much of his early years in England where he grew up. He was raised by theater-loving parents and has always been drawn to the arts. In his youth, he was often seen as the class clown, so it would be no surprise that he would be drawn to spending his life and career in the company of comedians.

After earning a bachelor’s degree in Hospitality Management, Michael Gyure went on to complete a Master’s degree in Business Management at the University of Columbia. He put these qualifications to good use working in several five-star establishments in Britain before landing the job of Chief Operations Officer at the prestigious Mainstone Club in East Hampton.

The Friars Club In 2007, Gyure’s career took him into New York City to the Friars Club, where he would become heavily involved in an institution that has existed to celebrate the brightest and best lights in the entertainment industry. The club grew out of the heart of the entertainment community and was established in the early part of the twentieth century after a group of Broadway workers formed a regular meet-up. This soon evolved into dinners in celebration for the likes of Oscar Hammerstein, who had a profound impact on the industry. They soon moved into their own venue, and, over the years,

Friars Club for lunch, l-r, Mike Reiss (Simpsons), Ed Solomon (upcoming Bill and Ted face the Music), Gilbert Gottfried, Jackie Martling, Denise Reiss, Mollie Heckerling, Alan Zweibel, Amy Heckerling, (Clueless), Richard Kind

what started as the toasting of the brightest and best became a roasting by the 1950s. These events involve a roastmaster throwing hilarious insults and witty put-downs at a celebrated guest. Held annually, a roast is taken in good humor by the person on the receiving end and is considered to be a high-point in the careers of many.   During his tenure at the Friar’s Club, Michael has been responsible for many aspects of the running of both the club and foundation, but the role that he plays in facilitating the celebrity roasts may be one of the most notable aspects.

Philanthropic Activities

In addition to his regular work at the Friars Club, Michael Gyure is involved in a number of organizations that work to promote good causes. He co-founded the Lincoln Awards. This awards ceremony is devoted to those of the veteran community in one way or another. He has hosted free entertainment events for veterans and their caregivers, and works to support injured veterans. Michael is also on the board of Chess NYC; an organization that tries to help young people from challenging backgrounds to learn how to communicate and learn new skills.

 

Folks, it’s amazing how sunlight acts as a disinfectant for corruption. TransPerfect won the right to see the bills in their Chancery Court case, but I think it’s only because they used a lawsuit in Nevada to successfully shed a spotlight on what Bouchard was doing, which in any other court would be deemed corruption in my view.

After four years, and, from what I understand from sources at the company, $14 million later, he is finally allowing TransPerfect to see itemized invoices from his old law firm, Skadden Arps for work allegedly performed by Chancery Court-appointed Custodian Robert Pincus.

That all sounds nice but the order has not been signed and in my view, there is no chance Bouchard is going to rule against his former colleagues at Skadden Arps and order them to produce a real itemized bill. If he did, he would risk exposing 4-years of court-sanctioned money siphoning from TransPerfect while also risking folks seeing potentially padded Skadden bills.

I think Bouchard wants the public to believe that he is being transparent, but nothing that has happened in this case has been transparent and there is no reason to believe anything would change now. Why has the court-appointed custodian wanted his bills to be hidden in the first place? And why did Bouchard threaten to hold TransPerfect in contempt with a $30,000 a day fine if they didn’t withdraw their lawsuit in Nevada? In my opinion, the only answer that makes sense to me folks is that there is something to hide.

If there is nothing to hide, why is the custodian fighting to keep his bills a secret? Why hasn’t Bouchard ordered him to turn over his bills without lawyers spending thousands of dollars telling him why? The only conclusion I can see is that in my opinion, Bouchard is protecting his Skadden-buddy Pincus.

If the court doesn’t order a custodian to turn over his bills to the company that is paying those bills, then there is no transparency. When will the corruption end?!

Please read the Delaware Business Court Insider article below, which recaps the initial news from Bouchard to open up Skadden’s bills. The story explains the latest events.

As always, your comments are welcome and appreciated.


TransPerfect, Shawe Win Bid to Access Details of Skadden Bills Incurred by Custodian

The ruling, which Bouchard said he planned to formally enter later this week, ratcheted down tensions in a two-state standoff between Shawe’s legal team and attorneys for Robert Pincus, the court-appointed custodian in what has become Delaware’s most vexing legal drama.

By Tom McParland | October 21, 2019

Andre G. Bouchard

Despite being held in contempt last week, TransPerfect Global Inc. has won its Chancery Court bid to access the details of bills being paid to the former Skadden, Arps, Slate, Meagher & Flom partner appointed to oversee the company’s court-ordered sale.

Chancellor Andre G. Bouchard said Monday that he would grant a request by the New York-based translation services company and its CEO, Philip Shawe, to see what type of work it was being charged for, as well as the billing rate, time spent and positions of the Skadden attorneys working on the case.

The ruling, which Bouchard said he planned to formally enter later this week, ratcheted down tensions in a two-state standoff between Shawe’s legal team and attorneys for Robert Pincus, the court-appointed custodian in what has become Delaware’s most vexing legal drama.

The latest spat centered on bills Pincus submitted for some expenses he incurred following the 2015 sale, including costs related to two lawsuits in New York state and federal court stemming from the sale.

Shawe, who won the court-mandated auction following a bitter battle with company co-founder Elizabeth Elting, argued that he should be able to see a full list of itemized expenses, and TransPerfect altogether refused to pay two disputed bills from June and July. The company then sued Pincus in its new home-state of Nevada, seeking a declaration that it was under no obligation to indemnify Pincus for his role as a former tie-breaking director of TransPerfect.

Pincus responded by asking Bouchard to hold TransPerfect in contempt for trying to undermine the Chancery Court’s exclusive jurisdiction over the case.

On Oct. 17, Bouchard agreed that TransPerfect had “intentionally and willfully violated court orders and said he would fine TransPerfect $30,000 per day if the company did not dismiss its Nevada suit by Monday. However, that ruling did not touch on TransPerfect’s gripes about Pincus’ billing.

In a brief telephone conference with counsel Monday morning, Bouchard said he would grant TransPerfect’s request out of “practical concerns” that TransPerfect had raised, even though he disagreed with the company’s legal analysis. Under the order, TransPerfect would be able to challenge the bills in court.

Nothing in the ruling, he clarified, was meant to walk back his ruling on contempt. “There’s a right way and a wrong way to do things,” Bouchard said. “Seeking to undermine the court’s exclusive jurisdiction in the wrong way.”

Attorneys for TransPerfect said after the hearing that they had gotten all they wanted with regard to billing and confirmed that they would, in fact, withdraw the Nevada suit before the end of the day.

Because of the victory today in Delaware, we are withdrawing the Nevada suit,” Shawe’s lawyer, Martin Russo of Kruzhkov Russo in Manhattan said in a statement. “There is no fine, no contempt, and there is finally going to be clarity on Skadden Arps’ billing, as we had called for.”

Shawe, likewise, said the ruling was a “major win for transparency and openness in the Delaware courts” and that Skadden’s billing would now be subject to “some level of review.” A spokesman confirmed that TransPerfect still intended to appeal last week’s contempt ruling.

Skadden, which represents Pincus, said the firm was “pleased with the court’s well-reasoned decisions, which adopt Skadden and Mr. Pincus’s position that TransPerfect and Mr. Shawe are in contempt, were in violation of applicable fee orders, and should be permitted access to invoices, but only in accordance with appropriate procedures.”

Monday’s ruling followed an escalation in rhetoric aimed at Bouchard over his handling of the TransPerfect case. Shawe and his team have been fiercely critical of Bouchard throughout nearly five and a half years of litigation. Last month, however, a TransPerfect-linked group ran a television ad in the Delaware market calling out Bouchard’s wealth and connections as part of a pressure campaign aimed at keeping him from being nominated to an opening on the state Supreme Court.

The Delaware legal community was swift in its condemnation of the ad and its message, calling it nothing more than an unwarranted attack seeking retribution against the chancellor.

Shawe’s spokesman has denied any involvement on the part of his client, and the group’s leader said it had taken no money or direction from Shawe.

Still, Russo said last week that Bouchard has a “bone to pick” with Shawe.

“Why hasn’t the chancellor recused himself,” he asked rhetorically, in a statement.

Bouchard did say Monday that he would wait until at least late Wednesday to officially enter his billing ruling, after David Finger, Shawe’s Delaware counsel, said he would be withdrawing from Shawe’s team.

Contacted by phone Monday, Finger, of Finger & Slanina, said his decision was related to “confidential attorney-client” interactions, but declined to comment any further.

An attorney for TransPerfect said he believed “there is something in the works” and that Shawe planned to substitute counsel within one to two days.

Reverend Al Sharpton is coming to town today, on Halloween, and I can’t say that I’m thrilled about it. He is not exactly my favorite person. I consider him an opportunistic headline-grabber of sorts. Folks, I’ve been shouting for over 2 years that our legislators should have taken action on what I clearly see as corruption in our Chancery Court and fixed our mess before Bouchard and his cronies fleeced TransPerfect and its workers dry for years. Now, community outrage apparently will drive reform, but it could have been handled better and more easily by our leaders. I’ve been writing about the TransPerfect case and sharing my opinion about how 5,000 employees were, according to my sources, left to suffer — as Transperfect was, from my perspective, swindled out of $250 million by the Delaware Good Ole Boys Club, led by Andre Bouchard and his Skadden Arps pals. Did they really think there would be no complaining or criticism about their greed and arrogance, as they apparently took money, which could have been used for benefits, raises, and Christmas bonuses — all of which, from my understanding, were slashed for 3 years during Bouchard’s reign? And why? Folks, it seems from my perspective that this happened so that court custodian Robert Pincus could stuff the stockings of his partners at Skadden Arps — the richest 1% of the population — while thousands of TransPerfect workers suffered through 3 Holiday Seasons?!? If the people in power had listened to even 5% of what I addressed in my articles about Bouchard’s suspicious activities, none of this would be happening. I give credit to Colin Bonini, for one, who at least took some action directed at positive change — but, as a whole, we did NOT do enough to protect TransPerfect families who couldn’t protect themselves from what I believe was the greed and treachery of Bouchard and his cronies. And now, our state will suffer a nationwide scar on our reputation, courtesy of a press-seeking Al Sharpton. Thank you Bouchard. Thank you Skadden Arps — your unlimited greed and willingness to, in my view, abuse your lofty perches in the judiciary, will tarnish our image yet again. Now, I don’t know what comes from Sharpton’s visit, but when you take this much money from a company with many minority workers, there’s likely to be a reckoning. It’s unfortunate that it has to come to this. I’ve been asking for an investigation for years, and nothing has been done, and now Al Sharpton–Ugh! Read the Reverend’s words below, which ran in the Dover Post. Please share your feedback, folks. I would love to hear your thoughts on this issue! Sincerely yours, JUDSON Bennett, Coastal Network Here’s the story: https://www.doverpost.com/opinion/20191025/rev-al-sharpton-why-im-coming-to-delaware
Opinion

Rev. Al Sharpton:Why I’m coming to Delaware

By Rev. Al Sharpton Oct 25, 2019 In his opinion piece, Sharpton outlines his reasons for visiting Wilmington Thursday, Oct. 31 to advocate for diversity on the Delaware courts. As demographics in the United States continue to shift towards ever-increasing diversity, there is meaningful demand for our judicial system to reflect the populations they serve. Diversifying police departments is meaningless if the courts responsible for serving equitable justice is still stuck in the past. The neglect is apparent: minority populations, who rightfully hold deep distrust and suspicion of the courts, have continuously and disproportionately been underrepresented and underserved. Judges in state courts fail to reflect the racial, ethnic, and gender diversity of the communities they represent. Why is it that Delaware, a state of nearly 30% non-white individuals, has never had a person of color serve on their state’s highest court? Discrimination and systemic barriers are embedded in our nation’s judicial system, and lack of representation continues to oppress minority populations. African Americans and Hispanics are significantly more likely to be incarcerated than Whites. It is not a coincidence that research also proves that broadening viewpoints on court benches leads to more equitable sentencing and confidence in our judicial system. Although I haven’t been a part of the TransPerfect case or the employees’ efforts to create the Citizens for a Pro-Business Delaware group, I am moved by the organization’s strides in garnering Delawareans to become civil rights activists on their own. Regardless of the messenger, this conversation is embraced by Delaware residents because they are the ones impacted by the deep inequities in their judicial system. As a leader, it is vital to include new and diverse perspectives to avoid only including a single point of view when making decisions. As such, when judges make decisions that affect people’s lives, from healthcare access to education equity, it is vital they stand with people on the ground and listen as they voice their concerns and advocate for representation. How many of the judges on the supreme court know what it is like to live paycheck to paycheck or not to have healthcare? How can we expect people to make real life decisions if they aren’t living in real life? Promoting diverse community voices helps create fair systems of justice. Delaware is one of only 18 states that has never had an African American justice on the high court. Delaware has also never had a Latino or Asian-American on its Supreme Court. Although the lack of diversity in our nation’s court sits at a crisis level, Delaware stands at a unique position to right its wrongs. With Delaware’s historic failure when it comes to judicial diversity, and an opening on the state’s Supreme Court, it is irresponsible to silence any organization whose message holds true. Part of being the change is listening. Lawyers, judges and courts need to listen. We have an opportunity to make history. It is imperative that we continue with the momentum for change. Diverse representation in leadership is a real issue affecting real people. Activists and pastors have been fighting for social justice for too long to let this moment pass. I plan to come to Delaware and keep fighting, so we can tell the governor that we need this change to build a fair justice system for all Delawareans. This op ed was written prior to Gov. John Carney’s announcement to appoint Vice Chancellor Tamika Montgomery-Reeves to the Supreme Court but Rev. Sharpton will still be coming to Delaware to support Senate approval and call for diversity on the Chancery Court where Vice Chancellor Montgomery-Reeves’ vacancy will create a Chancery with no persons of color. Rev. Al Sharpton:Why I’m coming to Delaware By Rev. Al Sharpton Oct 25, 2019 In his opinion piece, Sharpton outlines his reasons for visiting Wilmington Thursday, Oct. 31 to advocate for diversity on the Delaware courts. As demographics in the United States continue to shift towards ever-increasing diversity, there is meaningful demand for our judicial system to reflect the populations they serve. Diversifying police departments is meaningless if the courts responsible for serving equitable justice is still stuck in the past. The neglect is apparent: minority populations, who rightfully hold deep distrust and suspicion of the courts, have continuously and disproportionately been underrepresented and underserved. Judges in state courts fail to reflect the racial, ethnic, and gender diversity of the communities they represent. Why is it that Delaware, a state of nearly 30% non-white individuals, has never had a person of color serve on their state’s highest court? Discrimination and systemic barriers are embedded in our nation’s judicial system, and lack of representation continues to oppress minority populations. African Americans and Hispanics are significantly more likely to be incarcerated than Whites. It is not a coincidence that research also proves that broadening viewpoints on court benches leads to more equitable sentencing and confidence in our judicial system. Although I haven’t been a part of the TransPerfect case or the employees’ efforts to create the Citizens for a Pro-Business Delaware group, I am moved by the organization’s strides in garnering Delawareans to become civil rights activists on their own. Regardless of the messenger, this conversation is embraced by Delaware residents because they are the ones impacted by the deep inequities in their judicial system. As a leader, it is vital to include new and diverse perspectives to avoid only including a single point of view when making decisions. As such, when judges make decisions that affect people’s lives, from healthcare access to education equity, it is vital they stand with people on the ground and listen as they voice their concerns and advocate for representation. How many of the judges on the supreme court know what it is like to live paycheck to paycheck or not to have healthcare? How can we expect people to make real life decisions if they aren’t living in real life? Promoting diverse community voices helps create fair systems of justice. Delaware is one of only 18 states that has never had an African American justice on the high court. Delaware has also never had a Latino or Asian-American on its Supreme Court. Although the lack of diversity in our nation’s court sits at a crisis level, Delaware stands at a unique position to right its wrongs. With Delaware’s historic failure when it comes to judicial diversity, and an opening on the state’s Supreme Court, it is irresponsible to silence any organization whose message holds true. Part of being the change is listening. Lawyers, judges and courts need to listen. We have an opportunity to make history. It is imperative that we continue with the momentum for change. Diverse representation in leadership is a real issue affecting real people. Activists and pastors have been fighting for social justice for too long to let this moment pass. I plan to come to Delaware and keep fighting, so we can tell the governor that we need this change to build a fair justice system for all Delawareans. This op ed was written prior to Gov. John Carney’s announcement to appoint Vice Chancellor Tamika Montgomery-Reeves to the Supreme Court but Rev. Sharpton will still be coming to Delaware to support Senate approval and call for diversity on the Chancery Court where Vice Chancellor Montgomery-Reeves’ vacancy will create a Chancery with no persons of color.
Folks, we have breaking news that is good for many reasons, but the main reason, in my opinion, is that the man least-deserving to lead the Delaware Supreme Court reportedly won’t be getting the job he applied for. In my view, the cronyistic, legislating-from-the-bench, arrogant, Chancery Court, Chancellor Andre Bouchard will not be getting a promotion from his perch, according to news on Delaware.gov. And I, for one, could not be more pleased!! In my opinion (which I’ve been sharing with you folks for a long time!) he is not the man for the job. The man who does deserve it, looks to be getting the job: Supreme Court Justice Collins J. Seitz, Jr. (known as C.J.). The governor plans to appoint him as the new Chief Justice of the Delaware Supreme Court. Our governor is also planning to promote Delaware’s first ethnically, diverse Supreme Court Justice: Tamika Montgomery-Reeves. If confirmed, Montgomery-Reeves will become the first African American to serve on the Delaware Supreme Court. A strong “hat-tip” to “Citizens for Pro Business Delaware” for their successful lobbying efforts. I met some TransPerfect employees and many feel that certain, rich, Delaware lawyers (who were Bouchard’s friends) indirectly cut their health benefits in order to finance paying themselves millions. Those employees feel that a more diverse court would have cared more about lower-level employees living paycheck to paycheck, and would not have allowed the TransPerfect injustice to damage them as it apparently did. Bouchard and his cronies have probably never struggled to pay bills, so they should not have had the final say on TransPerfect workers. Congrats again to TransPerfect and the Citizens for their work, which I believe helped change the history of Delaware. I’m an old guy, not too big on karma, my friends, but if there was ever karma, this is it! Please read the story below from Delaware.gov. As always, I’d love to hear your thoughts.

Delaware News

Governor Carney Announces Delaware Supreme Court Nominations

Thursday, October 24, 2019
WILMINGTON, Del. – Governor John Carney on Thursday announced his intention to nominate Justice Collins J. Seitz, Jr. to serve as the next Chief Justice of the Delaware Supreme Court. Justice Seitz – who since 2015 has served as an Associate Justice on the Supreme Court – would replace Chief Justice Leo E. Strine, Jr., who announced his retirement in July. Governor Carney also intends to nominate Vice Chancellor Tamika Montgomery-Reeves to serve as Associate Justice on the Supreme Court, replacing Justice Seitz. Vice Chancellor Montgomery-Reeves would be the first African American to serve on the Delaware Supreme Court. The Delaware Senate is expected to consider both nominations during a special session on November 7. “Justice Seitz is one of Delaware’s finest legal minds, and I’m pleased to send his nomination to the Delaware Senate,” said Governor Carney. “Delaware courts have a longstanding reputation across our country as objective, stable, and nonpartisan. Justice Seitz has the judgment, sense of fairness, and experience necessary to maintain and build on that reputation as our next Chief Justice. I look forward to the Senate considering his nomination.” Justice Seitz was nominated and confirmed in 2015 to serve as an Associate Justice on the Supreme Court. Previously, the Justice was a founding partner of Seitz Ross Aronstam & Moritz LLP. His practice included corporate, commercial, intellectual property, and trust litigation, as well as government law and litigation. He graduated from the University of Delaware and Villanova University School of Law. Vice Chancellor Montgomery-Reeves was nominated and confirmed in 2015 to serve on the Court of Chancery. Before joining the judiciary, the Vice Chancellor practiced at Wilson Sonsini Goodrich & Rosati in Wilmington, where she focused on corporate governance and business litigation. She also practiced at Weil Gotshal & Manges in New York, where she focused on corporate governance and securities litigation “Since 2015, Vice Chancellor Montgomery-Reeves has served with distinction on Delaware’s Court of Chancery – our country’s premier venue for corporate litigation,” said Governor Carney. “Before her appointment to the Court of Chancery, Vice-Chancellor Montgomery-Reeves practiced corporate law in Wilmington and New York. She’s the right person to serve as the next Associate Justice on our Supreme Court. I look forward to the Senate considering her nomination.” Vice-Chancellor Montgomery-Reeves graduated from the University of Mississippi and the University of Georgia School of Law.
This is outrageous, folks! A $30,000 a day fine for TransPerfect CEO Philip Shawe imposed by Delaware Chancery Court’s Chancellor Andre Bouchard. Look how badly it seems they want to hide these bills! They’re willing to try to override the Nevada court, where this first started. They are willing to throw away a contract that says TransPerfect gets to see the bills and pretend the contract doesn’t exist. And they’re willing to go for “Contempt”charges, which is nearly unheard of! See the New York Law Journal story below for the sordid details. What is Skadden and Andre Bouchard so desperately hiding? As I see it, we already know they didn’t do the work, which we heard from the testimony from TransPerfect CFO and employees. Are they really that desperate to hide the truth from the public? I’ve never seen such blatant circling of the wagons! Bouchard and the Delaware Bar Association are in my opinion doing the dirty work for Skadden Arps. The sad truth is that the truth will probably never come out. In Bouchard’s court, protection will set you free, but apparently not the truth. It isn’t so bad if you’re the one being protected, is it?! If you’re not among the protected, you’re done for, apparently? The blatant bias and appearances of impropriety are astonishing in this ongoing, legal saga. I think this is outrageous! Do you?! Let me know your thoughts. Scroll down for the story…

Shawe, TransPerfect Hit With Sanctions by Del. Chancellor Over Custodian Billing Dispute

Thursday’s ruling was the latest turn in Philip Shawe’s long-running feud with the Chancery Court and its appointed custodian, even after he secured full control of TransPerfect in a 2018 court-ordered auction. By Tom McParland | October 17, 2019 Chancellor Andre Bouchard on Thursday held Philip Shawe and TransPerfect Global Inc. in contempt for refusing to pay the bills of the court-appointed custodian charged with overseeing the company’s forced sale in 2015. In a 37-page memorandum opinion (https://courts.delaware.gov/Opinions/Download.aspx?id=296570) Bouchard said Shawe and his profitable New York-based translation-services company “intentionally and willfully” violated court orders and sought to use a Nevada lawsuit to undermine the Chancery Court’s exclusive jurisdiction over the years-long dispute. Bouchard’s ruling required TransPerfect to pay all of custodian Robert Pincus’ fees and expenses, and ordered the New York-based firm to pay a $30,000-per-day fine if it does not dismiss the Nevada suit by Oct. 21. If the case remained pending as of Oct. 31, Bouchard said he would consider ratcheting the sanctions even higher. “Awarding this sanction is particularly appropriate given the intentional and willful nature of the contempt violation, including respondents’ insistence on pressing its prosecution of the Nevada action in the face of the contempt proceedings,” he said. Thursday’s ruling was the latest turn in Shawe’s long-running feud with the Chancery Court and its appointed custodian, even after he secured full control of TransPerfect in a 2018 court-ordered auction. Shawe has been fiercely critical of Bouchard’s handling of the case and has publicly advocated for increased transparency on the Chancery Court. Last month, a TransPerfect-linked group ran an ad targeted at Delaware viewers of CNN calling out Bouchard’s wealth and connections in a pressure campaign aimed at keeping him from being nominated to an opening on the state Supreme Court. A spokesman for Shawe has denied any involvement, and the group’s leader said it had taken no money or direction from Shawe. The latest legal spat centered on bills Pincus submitted for some expenses he incurred following the sale, including costs related to two related lawsuits in New York state and federal court. Shawe refused to pay, saying that it should be able to access itemized expenses detailing the charges. In August, the company sued in its new home state of Nevada for a declaration that it is under no obligation to indemnify Pincus for his role as a former tie-breaking director of TransPerfect. Pincus, for his part, called the suit a “vexatious” attempt to justify Shawe’s “flagrant violation” of the Chancery Court’s previous orders, and asked Bouchard to hold Shawe and TransPerfect in contempt by assessing “meaningful” monetary sanctions, as well as an anti-suit injunction to protect the Delaware court’s jurisdiction. Both sides argued the motion Oct. 10 in a hearing that stretched on for approximately three hours. Bouchard said Thursday that the Nevada complaint misrepresented Pincus’ role as a former director, rather than a custodian overseeing the company’s sale. “Putting aside that this distinction is legally irrelevant to the applicability of the indemnification and compensation provisions in this court’s orders,there is strong evidence … that respondents knew they were concocting a false narrative in portraying the custodian’s role in this manner,” Bouchard wrote. “Respondents did so in an apparent attempt to circumvent the exclusive jurisdiction provision in the final order … by suggesting that the indemnification provisions in this court’s orders would not apply to the custodian’s service as a director,” the ruling said. Bouchard said the company and its attorneys then “doubled down” by continuing to press the lawsuit in the face of the contempt motion in Delaware. Skadden, which represents Pincus, said Shawe and TransPerfect had been “rightly sanctioned” for pursuing “meritless claims” in Nevada. “Once again, Shawe’s attempt to ’cause pain’ to others through frivolous litigation has backfired against himself and TransPerfect,” the firm said in a statement. Martin Russo, an attorney for Shawe, meanwhile, slammed the ruling as “devoid of merit.” “Today’s decision is weak on the law and avoided the pink elephant in the room —Pincus’ steadfast refusal to show the company why it is being billed tens of thousands of dollars with the promise of higher amounts in the future,” he said in a statement. “The chancellor’s decision today was activism intended to arrive at a conclusion which is not borne out in his orders or the documentation—that is, [that] he now says everything Pincus did as a director was also done as a custodian,” Russo said, promising that “strong appeals will be forthcoming.” A spokesman for Shawe did not say when or if TransPerfect would begin paying the fines or whether it planned to have the Nevada suit dismissed by Monday’s deadline.