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OPINION
 
Dear friends,
 
Going deeper into the nomination of what looks to be the first woman, if confirmed by the Delaware Senate, to run the Chancery Court – replacing Andre Bouchard, who is leaving the court, after serving less than half of his appointed term, at the end of the month.
 
Bouchard has made a hell of a mess, folks, much of it tied to his former firm, Skadden Arps, who appear to rule the equity court through court appointments and cronyism? Skadden has run its tentacles deep into the court dating back nearly 30 years, according to a New York Times article from 1996. 
 
I bring up the corrosive ties between Bouchard and Skadden because Lori W. Will, who worked at Skadden Arps, is poised to fill yet another role on the Delaware Chancery Court. Will clerked for former Delaware Supreme Court Justice Leo Strine, who also left his governor-appointed role prematurely, as Bouchard is set to do. The Skadden tentacles remain. The state Senate needs to ask these questions about conflicts and how Will proposes to handle them during the confirmation process?
 
Cronyism and the suspicious “Delaware Way” run deep. To underline this point, the court remains an All-White court. More progress needs to be made in America’s First State. This is truly shameful. Delaware “talks the talk” but barely “walks the walk”?
 
Please read the articles below from Delaware Radio’s news site WDEL.com. Your comments are welcome and appreciated folks. These are important times for Delaware.
 
Respectfully yours,
Judson Bennett – Coastal Network 

Delaware’s Chancery Court could be led by a woman for the 1st time in the court’s history

Delaware’s esteemed Chancery Court is poised to be led by a woman for the first time in the court’s history. On Friday, April 9, 2021, Governor John Carney is nominating Vice Chancellor Kathaleen McCormick to take over as chancellor. Prior to joining Chancery Court as vice chancellor in 2018, McCormick was a partner at Young Conaway Stargatt & Taylor in Wilmington where her practice focused on commercial, corporate, and alternative entity litigation in the Court of Chancery. If confirmed by the state Senate, she’d take over for Chancellor Andre Bouchard who announced in December of 2020 that he’d be retiring this month. Lori W. Will will be nominated as Vice Chancellor in the Delaware Court of Chancery, to replace McCormick. Will is a partner in the Wilmington office of Wilson Sonsini Goodrich & Rosati, where her practice focuses on corporate, commercial, and federal securities litigation. Carney also plans to nominate Reneta Green-Streett for a judgeship in Kent County. If confirmed, she’d be the first Black woman to serve as a Superior Court judge in Kent County and the fourth Black woman to be nominated to the bench by Carney in less than three years.
OPINION
Dear Friends,
Florida, one of the few actual free states in our group of 50 (I believe there are now 3 — Florida, Texas, and South Dakota), where there are no lock-downs, restaurants and businesses are booming, masks are not mandated, unemployment is dropping, the horrible Coronavirus is declining, and the various vaccines preventing the Virus are plentiful. We have sunshine (with warm, pleasant weather), palm trees, great beaches and fishing, our schools are open, and most of all we have freedom. We owe it all to the prudent, caring, and logical leadership of Governor Ron DeSantis. By the way, this guy could be President someday. He is a spectacular fellow who understands fairness and reality.
There are some facts worth noting about Governor DeSantis’ Florida’s operation: The allegations brought up on “60 Minutes” were blatant, ridiculous lies and nothing more than fake news. DeSantis has not come even close to doing anything irregular or dishonest. Publix is doing a great job distributing the vaccine and has corrected some glitches in the internet appointments. For Publix’s part in all this, they are doing this on a break-even basis and this company’s altruism is fantastic.
As for folks from out of state (snowbirds) getting the Vaccine, it is fine with me. You can walk into any Publix after 4 PM and if someone has not shown up for their appointment, the vaccine will be given to a walk-in (regardless of residency), rather THAN BE WASTED. It does not matter where you come from. There was “no pay for play” or any special favors. Both DeSantis and Publix fervently deny these vicious allegations.
DeSantis is creating other venues for the Vaccine, as well. I got mine at a local hospital because I was persistent and responsible. 18-year-olds and up can now get the vaccine in Florida.
To hear the crap on “60 Minutes” about one county in Florida not having a Publix closer than 25 miles is pathetic. In this day and age, if someone can’t get their butts 25 miles to prevent dying, is beyond absurd and shame on them! It is time to stop all the racial falsehoods.
Everybody can get the vaccine who wants it. You may have to hitch a ride, take a train or take a bus to get to where it is offered, but DeSantis shouldn’t have to hold your hand if you don’t have a car. I know some elderly folks in Palm Beach who took a TRAIN to Miami to get vaccinated.
Please read the article below from “Axios.” I have also enclosed the link for the actual “60 Minutes” show if you wish to watch it.
As always, your feedback is welcome and appreciated.
Please stay tuned.
Respectfully submitted,
JUDSON Bennett-Coastal Network
SCROLL DOWN:
https://www.axios.com/florida-desantis-60-minutes-clash-covid-vaccine-71f13829-2479-4667-a993-594d9a583063.html
Entire “60 Minutes” Interview :
https://www.cbs.com/shows/60_minutes/video/W6ewZx7HdajwMO3G3SxoA374yfzp5UaE/4-4-2021-a-fair-shot-darren-walker-survival/
Florida governor clashes with “60 Minutes” over COVID vaccine rollout
Florida Gov. Ron DeSantis (R) announced a COVID-19 vaccine distribution partnership with Publix grocery stores weeks after the company gave $100,000 to his PAC, CBS’ “60 Minutes” reported Sunday, citing campaign finance records. DeSantis and Publix deny any wrongdoing.
Why it matters: DeSantis has been criticized for directing vaccines toward wealthy communities, with some who benefitted from the vaccine pop-ups also donating to the governor’s political action committee, per Axios’ Tampa Bay reporter Ben Montgomery.
Driving the news: The “60 Minutes” program highlighted reports of “vaccine favoritism,” with Florida’s poorer communities being left behind in the rollout, noting there’s no Publix in Belle Glade in Palm Beach County.
Of note: “60 Minutes” aired footage of CBS’ Sharyn Alfonsi confronting DeSantis at a press conference south of Orlando last month over the donation report, which DeSantis called “wrong.”
“We can do more drive-thru sites, we can give more to hospitals. We can do the Publix. And they said, ‘We think that would be the easiest thing for our residents.”
— DeSantis
For the record: The donation is the latest in controversial political spending by associates and beneficiaries of Publix.
What they’re saying: Publix said in a statement to CBS, “The irresponsible suggestion that there was a connection between campaign contributions” made to DeSantis and “our willingness to join other pharmacies” supporting Florida’s vaccine rollout is “absolutely false and offensive.”
Editor’s note: This article has been updated to clarify that the nearest Publix to Belle Glade is 25 miles away.
Opinion

 

Dear friends,

 

I am happy to report that on February 8th I received my 1st Moderna Vaccine shot. Other than a stiff right arm, there was no consequence. I received my 2nd shot at 4pm on Thursday March 4th. This was different. I awakened at 3am the next morning with my left arm throbbing like it was going to fall off. I had a slight fever of 101, felt aches and pains all over and was extremely fatigued. These symptoms lasted most of the day. By 8am Saturday morning I felt fine. I have been told I am already 75 percent covered and in about 10 more days I will have 95 percent immunity from this dreaded Chinese Virus!

 

Because I am a senior citizen with diabetes I have been locked down for a year. I must admit to some depression and loneliness. Experiencing a failed romance with my 1st girlfriend, who I reunited with in Palm Beach after the death of my wife, losing the Trump election, being isolated, concerned about survival, and a plethora of ordinary frustrations has been disconcerting for this old sailor. Thoughts of my wonderful wife Maria who died of cancer 7 years ago were constant. She was remarkable and the best there ever was. God I miss her terribly. Odd how sometimes you don’t appreciate someone until they are gone. That being said, I now intend to change things. I am going to start living again. I may get shot or killed by an irate husband or boyfriend, a crazy liberal, Antifa, or BLM, however, it doesn’t look like it will be the Coronavirus that will get me now that I am vaccinated! THANK YOU PRESIDENT DONALD J. TRUMP!

 

I have to tell you, folks, I feel like I have completed a “Rite of Passage”. It has not been easy for me to actually get vaccinated. I tried everything and could not get an appointment. Some elderly folks I know waited over four hours at a football stadium and finally felt so bad from the experience, they gave up and went home. Others have jumped online and got an immediate appointment that was an easy, successful enterprise. I had to charm a hospital administrator to get mine. Indeed, the process, once I got hooked up, was a piece of cake, unlike some of the horror stories I have heard. Unbelievable, folks!

 

I have heard from friends, who have received the 2nd dose of the vaccine, many stories about their experience afterward — from having to go to the hospital in an ambulance, mild symptoms like me, to nothing at all. Regardless, folks, I urge everyone to get vaccinated. This damn disease has killed more than 500,000 Americans. Not so sure the lockdowns have not contributed as well, however it can and does kill elderly people with pre-existing conditions.

 

It was and is not easy, in this free state of Florida, with our brilliant Governor DeSantis, to get vaccinated. Florida is a state where business is booming, schools are fully open, and Corona deaths are way down and below New York and California, where dictatorial lockdowns are still in effect. I can’t imagine how rough it has been on those of you who have had to live under the authoritarian regimes of stupid governors.

 

Folks, I think I am “free at last, free at last”, perhaps at least from the Chinese Plague. I am thankful to be alive, although extremely concerned about freedom overall in the coming socialism, disastrous restrictions, and conflicts that we will soon have to endure. Indeed folks, I am now fortified and ready for the battle. Love to hear from you.

 

Sincerely yours, 

JUDSON Bennett-Coastal Network

www.CoastalNetwork.com

OPINION Dear Friends, I don’t know about you, folks, but I can’t stop watching the news about this Coronavirus (COVID-19) outbreak. It’s obviously an important pandemic. Everything is closing down. And I’m an old person who is at higher risk. I am self-quarantining, but I don’t know if the whole country should be on hold. We’ll see what happens. Do you know who doesn’t seem to have a problem with the Coronavirus? Chancery Court Chancellor Andre Bouchard’s former firm Skadden Arps, which looks to be in a hurry to get more money from TransPerfect. Those lawyers at Skadden Arps — the law firm I’ve written about many times in the past few years as they’ve collected over $14 million from TransPerfect without ever producing an invoice — were trying to push forward for a hearing on March 30. How greedy, I say! They petitioned Bouchard to have the hearing anyway, so they could get more legal fees. It is disgraceful — and even Bouchard, who used to work at Skadden and gives them their way on everything, had to relent this time. This needs to stop, folks. I think he should not be allowed to work with his former firm. There is nothing any reasonable person could conclude but that they are in cahoots, as I see it. Bouchard approved their fees without them having to show an invoice that they did the work. That they could even ask for a hearing in the middle of this, just shows how seemingly corrupt the relationship is between them. No concern about reprimands. See the story below from Citizens for a Pro-Business Delaware. Meanwhile, I’d love to hear your thoughts on this and hear how you are doing! Please reach out and let me know. I’m thinking of each of you out there! Please stay safe and healthy! Sincerely yours, JUDSON Bennett-Coastal Network Scroll down for the Citizens for a Pro-Business Delaware story: https://finance.yahoo.com/news/citizens-pro-business-delaware-slams-140000844.html Citizens for a Pro-Business Delaware Slams Skadden Arps for Attempting to Hold Hearings During COVID-19 Outbreak PR Newswire March 18, 2020 WILMINGTON, Del., March 18, 2020 /PRNewswire/ — As the State of Delaware continues taking drastic measures to limit the spread of COVID-19, today Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey released the following statement: “Across the country, we are seeing unprecedented measures to limit the spread of COVID-19. From San Francisco to Washington, DC, governments are closing schools, bars, restaurants, and even gyms to contain this virus while also doing everything possible to ensure that businesses and their workers are as unaffected by these actions as possible. In New York, the courts have even halted all eviction proceedings. But of course, in Delaware’s elitist legal community, where nothing works as it’s supposed to, that’s not the case. Rather than follow the lead of governmental and judicial institutions across the nation, Skadden Arps – the firm that has already collected over $14 million in court-ordered legal fees for alleged work as TransPerfect’s custodian, had attempted to convince the court to proceed with a hearing on March 30th. Documents filed with the Chancery Court by former Skadden Custodian, Robert Pincus, an old friend and partner of Chancellor Bouchard, and Jennifer Voss stated that “postponement of the hearing would only prolong this litigation and serve no good purpose.” This is a staggeringly misguided argument that shows a concerning lack of awareness for the challenges facing average Americans with families to care for as we all grapple with how best to protect ourselves and our communities in the face of this pandemic. Only a group of highly privileged lawyers from a white-shoe firm like Skadden Arps, who obviously can afford full-time childcare, could be so deliberately ignorant of the impact of this crisis. Skadden has never even produced an itemized invoice for the alleged secret services it claims to have performed, so why rush the court to hold a hearing during a sweeping public health crisis? It is clear that Skadden was deliberately attempting to prevent TransPerfect’s lawyers from preparing effectively during the COVID-19 outbreak. It’s a wildly unfair and reckless attempt to gain preferential treatment. This was a bridge too far, even for Chancellor Bouchard, who normally grants any request from his former firm without question. Thankfully, Bouchard denied Skadden’s shameful objections and delayed the hearing. Though rulings for Skadden often appear predetermined and automatic under this Chancellor, TransPerfect attorneys still deserve the right to prepare and make arguments for appeal.” Citizens for a Pro-Business Delaware is a group made up of more than 5,000 members including employees of the global translation services company TransPerfect, as well as concerned Delaware residents, business executives and others. They formed in April of 2016 to focus on raising awareness with Delaware residents, elected officials, and other stakeholders about the issue. While their primary goal of saving the company has been accomplished, they continue their efforts to fight for more transparency in the DelawareChancery Court. For more information on Citizens for a Pro-Business Delaware or to join the cause, visit DelawareForBusiness.org.OPINION Dear friends, One more on this topic, because it’s just too hard to resist not mentioning this. See the story I’ve posted below, as law firm Skadden Arps is defending its “diversity culture” after Rev. Al Sharpton accused the firm of racist hiring practices. This couldn’t be happening to, in my view, a more incredulous bunch at Skadden Arps because they appear to have a culture of taking what they want in Delaware’s Courts. Considering Chancellor Andre Bouchard, his appointed TransPerfect Custodian Robert Pincus and former Supreme Court Chief Justice Leo Strine were all once members of Skadden Arps. They collected millions from TransPerfect and continue to bill the company with sealed and unitemized monthly bills, so I for one will shed no tears for this firm, which seems to have their way in Andre Bouchard’s Chancery Court. This firm has also had problems with the Feds, which have been reported widely in the press. Apparently under public scrutiny, which is detailed in the story below, Skadden is finally having to answer for some of its practices. I say, good! (even though the diversity issue is not at the top of my list.) Regardless, this pundit and political observer, believes there is some kind of perverse justice going on here. Many of the positions of power in the Delaware Courts have been filled with Skadden folks and I’m honestly surprised that no one besides me has noticed this potential Skadden domination within the Chancery and Supreme Courts in Delaware?? Please read the article below, which prompted this op-ed. Respectfully yours, Judson Bennett-Coastal Network  http://www.abajournal.com/news/article/biglaw-firm-defends-its-commitment-to-diversity-after-al-sharpton-criticism

BigLaw firm defends its commitment to diversity after Al Sharpton’s criticism

BY DEBRA CASSENS WEISS Skadden, Arps, Slate, Meagher & Flom is defending its diversity efforts after the Revs. Al Sharpton and Dale D. Dennis II criticized the law firm for having few racial minorities in its Wilmington, Delaware, office. Skadden responded with a Jan. 6 letter to Sharpton and Dennis saying the law firm has a long-standing commitment to diversity and inclusion, although its journey toward that goal is a work in progress. The firm outlined several of its efforts to attract minorities to legal careers and to hire and promote diverse lawyers. World Intellectual Property Review and Law.com have coverage. Those efforts include: Skadden also released this statement: “Diversity and inclusion are values upon which our firm was founded, and while there is more to accomplish in this area, we are steadfast in our efforts to build and maintain a world-class, diverse workforce that delivers the highest caliber work product to our clients. We agree with civil rights advocates that diversity on the bench and throughout the legal profession should be a priority in Delaware and globally, and we are proud that the first two female justices on the Delaware Supreme Court were attorneys from Skadden.” Sharpton and Dennis had expressed concern with a lack of diversity in Delaware courts and in the state’s prestigious law firms in a Dec. 30 letter to Skadden published by Above the Law. “While Skadden claims that ‘diversity and inclusion are fundamental to [its] success as a global law firm,’ its presence in Wilmington tells a different story,” the letter said. “According to Skadden Arps’ own reporting on law firm diversity, of the 72 lawyers in the firm’s Wilmington office, exactly one summer associate is black, while 9 of 10 partners are white. And of 49 full associates in the same office, just six are racial minorities.” The Dec. 30 letter said Sharpton and Dennis are commissioning a study on the state of diversity in Delaware’s legal industry.
Judson Bennett’s Coastal Network OPINION Dear friends, In my view folks, even putting aside the illegal lobbying and lying to Federal Investigators, which earned them a $5 million fine from the DOJ, the Skadden Arps law firm could be a virtual criminal organization. Don’t take my word for it, look at their actions when pressed to show the detail behind approximately $15 million in court-ordered billings for the “Custodian” services by the Chancellor’s friend and former business partner, Robert Pincus. How the hell can a Delaware Judge issue a Court order allowing an appointed, former business partner to continue to bill for services rendered without documentation or itemization two years after the case is over? It seems to me that this looks like suspicious activity? At a minimum, the appearance of impropriety? At worst, possible corruption? I say to BOUCHARD-Let the public see the damn bills! If PINCUS has indeed done the work you say he has done, then there is no need for the cover-up to continue. Is that really asking too much? According to the Law360 story below, his letter to the court claimed that TransPerfect is not allowed to “nitpick” at Pincus’ fees for his work as a custodian for the company. Nitpick?! How about showing the bills? No one is nitpicking here. Mark my words, I view Bouchard as part of the “Good Old Boys” network, and I think he will somehow — in some seemingly, shady-legalese-nonsense way — save Skadden Arps and Pincus from being charged with massive billing fraud. My prediction is that Bouchard will help Skadden continue to hide its bills and still order them to be paid. When it happens, please have your elected officials on speed-dial to protest what I believe is grotesque corruption. Folks $250 million went missing-poof!-from TransPerfect in crazy fees — and no one is fessing up as to where it went. When you order at a restaurant, they don’t just give you a blank tab saying you owe $50 — they break down the bill! If you were ordered by a court to pay bills, going on 2 years after the case was closed, wouldn’t you think you have the right to see what you are actually paying for?! Please let me know what you think. As always your comments are welcome and appreciated. Please see the story below. Sincerely yours, JUDSON Bennett-Coastal Network https://www.law360.com/articles/1201918/ex-skadden-atty-tries-to-block-transperfect-bill-request

Ex-Skadden Atty Tries To Block TransPerfect Bill Request

By Emma Cueto Law360 (September 23, 2019, 8:41 PM EDT) — A former Skadden Arps Slate Meagher & Flom LLP attorney accused of overbilling document management company TransPerfect Global Inc. told a Nevada state court on Monday that the company’s discovery request for billing records violated a fee petition process imposed by a Delaware court. The letter to the court, which came shortly after TransPerfect filed an amended complaint that added new allegations of misconduct by former Skadden partner Robert B. Pincus, claimed that under a fee approval process established by a Delaware court, is not allowed to “nitpick” at Pincus’ fees for his work as a custodian of TransPerfect. The letter also claimed that during a recent meeting, TransPerfect was unable to provide a basis for its request to know key billing details such as the number of partners and associates working with Pincus on the matter. “Counsel for [Pincus] asked if counsel for TransPerfect … would be willing to share any case law that they have that they believe indicates that the court-ordered fee approval process (in place for many years) is unconstitutional or indicates that they are entitled to detailed billing records,” the letter said. “They declined to share this information … stating that the legal authority would be set forth in future briefing.” Just days earlier on Friday, TransPerfect filed an amended complaint against Pincus, adding a claim that he breached an agreement with the company by billing at a professional rate for certain services and by filing fee requests under seal without providing an invoice to TransPerfect. The company first filed suit against Pincus in August, alleging that he was billing for up to $65,204 without giving the company proper notice or itemizing the work he purportedly has performed. Pincus was appointed custodian of TransPerfect after its two co-founders — Phillip R. Shawe and Elizabeth Elting — had a falling out and could not agree on how to proceed with various company matters, according to court documents. The Delaware Supreme Court in May 2018 affirmed the lower court’s February 2018 ruling that allowed Shawe to buy Elting’s 50% stake in the company. The lower court had also determined that Pincus’ impartiality wasn’t compromised by the threats of litigation made against him by Elting or by Shawe’s alleged interference in the sale process. TransPerfect is currently questioning several of the bills Pincus has submitted this year. In May, Delaware Chancellor Andre G. Bouchard authorized that $60,105 be withdrawn from an escrow fund in the underlying case. In June, Pincus received approval from the court for $58,768 and in July for $90,089, according to the complaint. Pincus fired back with a request for sanctions later in August, saying that Shawe, who controls the company, was violating a Delaware court order by bringing the suit in Nevada. Shawe, Pincus claimed, has exhibited a “pernicious pattern” of violating court orders in the past and that he will continue his “pattern of abuse” without sanctions. Martin Russo, an attorney for TransPerfect, told Law360 in an email that the agreement between Pincus and the company allowed for a court to hash out disputes, and that the time had come to do so. “Real companies do not pay phantom bills,” Russo said. “Mr. Pincus’ failure to abide by the contract is notable because he and his lawyers drafted the terms, and Mr. Pincus pushed the agreement through the TransPerfect board when he was making decisions for the company.” Shawe also said in a statement that Pincus could not continue to claim the bills needed to stay secret in order to protect a sale process that ended two years prior. Pincus did not respond Monday to a request for comment. Pincus is represented by Jennifer C. Voss and Elisa M.C. Klein of Skadden Arps Slate Meagher & Flom LLP. TransPerfect is represented by Martin Russo of Kruzhkov Russo PLLC. The case is In re: TransPerfect Global Inc., case number 9700, in the Court of Chancery of the State of Delaware. –Additional reporting by Reenat Sinay and Kevin Penton. Editing by Jay Jackson Jr.