I’ve been venting my frustration about Delaware Courts and the unbridled abuse in what looks to be a corrupt system full of bias and from my view, quite a bit of cronyistic behavior.
Specifically, the way the TransPerfect case was handled by its leader Chancellor Andre Bouchard was particularly disconcerting. I feel it exposed weaknesses in Delaware’s Courts. Improvements are definitely needed. While the call to action I’ve clearly made to the Delaware legislators has largely been ignored, it’s hard to reasonably argue that the change needs to start at the top.
Now we’re seeing the Chancery Court’s flaws being pointed out on a national level by people across the political spectrum. There’s a YouTube video that came to my attention, which I’ve linked to below, “Rev. Al Sharpton Advocates for Diversity on Delaware’s Courts in Wilmington.”
Watch the video and you’ll hear that there are more voices now complaining about Delaware Courts and our Chancery Court. I’ve been fed up for years and now many others are too.
I will say that I find it downright embarrassing that it has come to this. Do we really need Rev. Al Sharpton trotting in on his high-horse to save America’s First State? Has it really come to this?! It’s bringing embarrassment to the state of Delaware.
I believe this is about the “Good Old Boys Club” in Delaware: They are blind and deaf when it comes to anything but serving their own needs. While they’ve ignored disaster happening around them, they can no longer keep their heads in the sand.
Delaware Courts are broken. Why not take a leadership role, Chancellor Bouchard, and do something here?!
If you don’t listen now, who knows who will be next, demanding change in our once great state?!
Let me know your thoughts on this big Delaware issue, folks.
Here’s the YouTube video featuring Rev. Al Sharpton:
Dear Friends,
Recently, Donald Trump’s children were ignorantly and publicly accused of profiting because their father is President in an insipid and desperate response to Joe Biden’s corruption.
There is no doubt that the petty and ignorant method of the left and theBiden camp is beyond logic. These people are prepared to literally destroy America to gain power.
The most ignorant and latest attack is to rationalize Hunter Biden’s obvious corrupt connection to his father Joe Biden who used his position to protect his son and to blackmail Ukraine into firing it’s Attorney General so his little boy could continue his money grab.
Then the former VP Biden used his influence to get China to invest a billion with Hunter. Influence Peddling and Extortion is a crime and it’s the huge appearance of corruption.
For anyone to say that Trump’s children Ivanka and son-in-law Jared, who work for FREE, and Don Jr. and Eric profit because their father is President, is a vicious lie. They run a business that actually has lost profit since Trump was President. Any money they make now is made legitimately and within the law!
The Biden corruption is apples and oranges compared to any consideration of the Trump children and is a desperate and pathetic attempt to justify Biden’s apparent corrupt activities.
Joe Biden is obviously going to be the Dems pick, apparently rejecting Bernie’s communist platform, so now the fight really begins. Biden has obvious dementia and misused his position in a very possible and illegal manner to enhance his relatives financially when he was VP under Obama. Ukraine and China scandals will not go away. Trump will destroy Sleepy Joe in the debates, who is not sure what state he is campaigning in or what office he is running for.
I can’t wait to help develop all the opposition research on Joe Biden. Vote Republican and rid America of the do-nothing Democrats who want to raise your taxes and take away your freedoms!
VOTE TRUMP!
OPINION
Dear Friends,
I was texted this article below by a Sussex County, Delaware friend. The story is written by my friend Sam Waltz of the Delaware Business Times. Sam’s excellent article captures the importance of the upcoming United States Supreme Court case, which will begin later this month.
The latest rub is that Delaware requires its Judges to be a member of a specific political party — either Democrat or Republican. The appointments are of course made by the Governor in accordance with the judge’s political party.
Here’s what’s at stake: James R. Adams wants to be a Judge and is an Independent. He says the law is unconstitutional and his appeal has made it all the way to the Supreme Court. The national reputation of the entire Delaware Judiciary is at stake here, especially the Chancery Court, in my view, which has seen its reputation fluctuate considerably because of Andre Bouchard’s erratic and subjective rulings.
There are many changes needed in Delaware Courts and this is a step in the right direction. I agree with Mr. Adams. A forced political connection is a negative factor in my opinion and denigrates Delaware’s effectiveness and reputation. I believe the Court will rule in favor of Adams, as it should!
Delaware Courts, especially the Court of Chancery, need change. As I see it, Chancellor Andre Bouchard created an international controversy in rulings in the infamous TransPerfect case and received a good deal of criticism for perceived appearances of impropriety and bias, especially from yours truly. Interestingly, as I understand it, TransPerfect is still battling the Chancery Court and law firm Skadden Arps over unitemized bills.
Please read the article below and send me your comments, which I do appreciate.
Respectfully yours, JUDSON Bennett-Coastal Network Read the Story at Delaware Business TimesSam Waltz: Delaware has a date with SCOTUS
February 18, 2020
It may seem arcane, technical and obscure. Even political.
But Case #19-309, Governor of Delaware v. James R. Adams, which will be heard by the Supreme Court of the United States (SCOTUS) next month, could have one of the biggest impacts in years on the Delaware economy.
At stake is one of Delaware’s most important business assets, the quality of Delaware’s judiciary and its reputation as America’s business court of choice.
“It’s a big one, and it could go either way,” the governor told me last week.
The issue seems to have received only modest press coverage outside the legal industry trade publications here, and less context and perspective. Delaware’s business and civic community, as a result, may not have a great understanding of just what is at risk.
Akin to the intellectual property interests that created business powerhouses here like DuPont, AstraZeneca, Incyte, Ashland (née Hercules), among others, it’s the reputation of Delaware’s court system – based largely on the Court of Chancery’s lack of juries, the strong experience of its jurists as well as stare decisis, the durable quality of the precedents over time in business law – that has made Delaware’s court system effectively a national business court.
Governor v. Adams, or Carney v. Adams, or Delaware v. Adams, however, the case will come to be cited, all boils down to politics at home.
But beyond the First State, it’s about the primacy of a court system, and the economic benefits of it which has filled many of those glassy Wilmington office towers with many attorneys earning between $500,000 and $2 million a year, with thousands more well-paying jobs also dependent on the industry.
Those jobs, this industry, is the envy of states far and wide.
Even some presidential candidates among the Marxist left of the Democratic Party, notably U.S. Sen. Elizabeth Warren, make no secret of their disdain for Delaware’s judicial primacy. Over the years, many other states – among them, New York, Nevada, Louisiana and Florida – have made policy changes regarding their own court systems in their lust for the revenues that follow Delaware’s courts.
At the heart of the issue is “party labels” – whether one registers as a Republican or a Democrat or something else, or not at all – and state Constitution that requires politically balanced Delaware courts, where one party never can have more than one judge more than the other in a particular court, e.g., statewide in the Court of Chancery or the Supreme Court, or on the county trial court benches in the Superior Court.
Tiebreaker, of course, goes to the governor who makes the appointments. If it’s a Democratic governor, expect the edge always will go to a Democratic appointee. If the Republicans ever elect another governor – the last time one was elected was the 1980s – then the GOP attorneys can get a nod for the bench.
Having said that, in my nearly half-century in Delaware I’ve never – not once – seen Delaware’s courts operate with a partisan orientation, or even an ideological one. Rather, party in judicial selection is a modest patronage factor. That’s it.
It’s either ambition or principle that seems to be the driving factor that has created Delaware’s day in court in front of SCOTUS.
James R. Adams is a Wilmington attorney with an office on Rodney Square. He once was a Democrat, but decided to become an unaffiliated voter, that is, not identified with either party. Then, because state law allocates judicial selection between Democrats and Republicans, he didn’t meet the political affiliation requirement, but said he’d like to be considered as a judicial candidate.
Federal courts – the Third Circuit – already has ruled against the State of Delaware and for Adams, so the action in front of SCOTUS is the state’s appeal of that ruling. Three outcomes are possible.
SCOTUS can rule for the state and overturn the Third Circuit, for Adams and uphold the Third Circuit, or it can determine that Adams has “no standing,” meaning that he couldn’t prove that he was harmed by the law, and throw out the entire case – leaving the state Constitutional requirement intact.
I pointed out to Gov. Carney that it seems somewhat ironic that a SCOTUS that leans somewhat to the right as a President Trump-influenced court might actually rule for “the Blue State of Delaware” in a way that hurts the fortunes of New York and America’s increasingly leftist political leaders.
“That’s right,” the governor said, and smiled.
Sam Waltz is the publisher emeritus of the Delaware Business Times
Please check out this victory for TransPerfect. The real story here as I see it folks is that Bouchard and his court-appointed custodian, Skadden’s Robert Pincus — his former law partner, to whom he has ordered TransPerfect to pay $14 million, without being able to see even one invoice — was using this case to bad-mouth TransPerfect and Shawe, saying they were litigious.
Pay attention carefully here lawmakers: In my opinion, this is proof once again of the Chancery Court misleading for two reasons: One, Shawe was the “Defendant” against an advisor trying to claim a false fee over a transaction that the Custodian backed out of — to line his and his friends’ pockets with a $250 million court auction. And two, because TransPerfect and Shawe won the case.
Check out the lawyer’s closing quote in the story below: “It was refreshing to litigate outside of Delaware with truly neutral jurists who make decisions based on the facts of the case.” How refreshing! What does that say about Delaware, folks?!
I wanted to keep you in the loop on how much other judges are, in my opinion, seeing Bouchard’s antics for what they are: A three-ring circus designed solely to provide payola to his pals. I say shame on Bouchard for continuing to destroy the Chancery Court’s once pristine image with every breath he takes.
March 5, 2020
NEW YORK, March 5, 2020 /PRNewswire/ — TransPerfect, the world’s largest provider of language and technology solutions for global business, and CEO Phil Shawe, today announced emerging victorious in a New York State Supreme Court–ordered arbitration related to disputed advisor fees stemming from a controversial 2015 Delaware Chancery Court decision.
The victory is a decisive step toward ending the residual litigation created by the Delaware Chancery Court’s unprecedented decision to appoint a Custodian to control a thriving and profitable company for three years and to then sell it at public auction. Shawe, TransPerfect’s original Co-Founder and CEO, ultimately prevailed in Delaware court and in the auction, raising questions about the necessity of Chancellor Andre Bouchard mandating more than $250 million in fees and expenses to achieve a result that was available and obvious since the beginning of the proceedings.
Shawe stated, “This is the first major victory against those who sought, or are still seeking, to take unfair advantage of TransPerfect stemming from the Delaware Chancery Court’s unprecedented intervention into a private, profitable, and thriving business.”
A complaint for breach of contract was filed in New York State Supreme Court by Cypress Partners, and Justice Jennifer G. Schecter issued an order compelling arbitration of the matter with JAMS Commercial Arbitration Tribunal. Cypress claimed they were entitled to a full fee for any transaction involving the TransPerfect auction process despite clear contract language to the contrary. The neutral JAMS tribunal reviewed all evidence and found no merit to the claims. Further, the arbitrators notably disregarded Chancery Court findings and dicta as having no bearing on the adjudicated matter. From start to finish, this binding arbitration battle in front of a New York panel lasted over 18 months.
Martin Russo of Russo PLLC, lead outside counsel for TransPerfect, commented, “It was refreshing to litigate outside of Delaware with truly neutral jurists who make decisions based on the facts of the case. In fair jurisdictions and forums, the rules compel triers of fact to rule on the evidence and do not allow undue influence from or favoring of friends and associates of the Court. TransPerfect has spent the last two years cleaning up the messes left behind by a series of bizarre and unpredictable rulings by Chancellor Bouchard, and we are pleased that this matter has been justly closed.”
About TransPerfect
TransPerfect is the world’s largest provider of language and technology solutions for global business. From offices in over 100 cities on six continents, TransPerfect offers a full range of services in 170+ languages to clients worldwide. More than 5,000 global organizations employ TransPerfect’s GlobalLink® Product Suite to simplify management of multilingual content. With an unparalleled commitment to quality and client service, TransPerfect is fully ISO 9001 and ISO 17100 certified. TransPerfect has global headquarters in New York, with regional headquarters in London and Hong Kong. For more information, please visit our website at www.transperfect.com.
Biden’s Delaware Problem: Sharpton and Liberal Group Protest Against “White, Wealthy, Male” Judges Appointed
by Democrats to State Courts Does Delaware’s Joe Biden have a diversity problem in his Democrat-run home state? Delaware courts are too “white, wealthy and male” according to the liberal group Citizens for a Pro-Business Delaware and Rev. Al Sharpton who joined the group at the state capitol in Dover on Wednesday to protest the nomination of attorney Paul Fioravanti, Jr. to the state Court of Chancery by Gov. John Carney (D). Sharpton’s demand to speak before the Democrat-controlled state Senate about the appointment was rejected. The Senate voted unanimously on Wednesday to confirm Fioravanti to replace African-American Vice Chancellor Tamika Montgomery-Reeves following her elevation to the state Supreme Court last month. Delaware is solidly Democrat, with the party holding all six statewide elected offices, the state Senate, state House, both U.S. Senate seats and the state’s lone U.S. House seat. A group of African-American pastors participated in the protest. Citizens for a Pro-Business Delaware has posted video ads in recent months campaigning against the appointment of “white, wealthy, male” judges to the state courts, saying the courts need to reflect the growing “diversity” of Delaware. Reuters legal reporter Tom Hals reported last week on an ad by the group that was part of an announced $400,000 TV, radio and direct mail campaign by Citizens for a Pro-Business Deleware against the appointment of “white, wealthy, male” judges. The website for Citizens for a Pro-Business Delaware describes the group’s mission as “Standing up for good-government and common-sense legislation to promote judicial transparency and accountability in the Delaware court system.” The Delaware Business Times reported on the background of the fight over the Fioravanti nomination. …Like Montgomery-Reeves, Fioravanti is a registered Democrat, fulfilling Delaware’s requirement to have politically balanced courts. …Fioravanti’s nomination did receive some criticism, not for his credentials or background, but because Carney did not nominate a minority candidate to fill the seat of Montgomery-Reeves, who was the first black vice-chancellor in the court’s history. Well-known civil rights leader the Rev. Al Sharpton made stops in Delaware in recent months calling for increased diversity on the state’s courts, an effort supported by an advocacy group formed by Transperfect employees who feel aggrieved by their treatment by the court during a contentious ownership case heard by the Court of Chancery in recent years…” Sharpton issued a press release Wednesday about his rejection by the Democrat-controlled state Senate: Over the last several months I have become increasingly concerned about the inequities inherent in the state of Delaware’s judicial system. Having spent my life dedicated to the cause of advancing civil rights in every corner of our country, I know injustice when I see it. As Delaware’s judiciary is overwhelmingly packed with wealthy white men, there is a persistent gap between who runs the state’s courts and the people who those courts represent.With such a persistent gap, how can we be surprised that African-Americans in Delaware and across the nation do not trust their courts to deliver fair justice? When Justice Tamika Montgomery-Reeves was promoted to the State’s Supreme Court – the first ever African American woman to hold such a seat – I was elated. But I was also firm in my conviction that her vacant seat on the Chancery Court must not be a wasted opportunity to advance the diversification of Delaware’s courts. As such, I was disappointed that Governor Carney decided to nominate Paul Fioravanti Jr. of Prickett Jones & Elliott – a firm without a single non-white partner – to replace her. To say that I am disappointed I was denied the opportunity to testify before the Delaware State Senate on the matter of his confirmation would be an understatement. Diversity transferred is not diversity created or advanced. Delaware must do better. Governor Carney and the State Legislature must do better.I welcome the opportunity to discuss this issue further with them, and will not rest until we address this injustice.” With the complaints about the lack of diversity at Democrat presidential primary debates, will reporters press Biden on his home state’s diversity issues of the Democrat-controlled state government?