Every once in a while I write about issues of the heart instead of political rhetoric . I wrote a novel about love. Here is the Prologue: The book ‘s name is “UNCONDITIONAL LOVE”.
PROLOGUE
“People have asked me, especially some of Janice’s friends, “Why would you write such a book exposing her life to the world? What a terrible thing to do! ” One person, a former friend of ours, named Elizabeth Smith, formerly from Palm Beach Gardens, Florida, exclaimed in an angry e-mail, “Judson, you should be ashamed of yourself.” I disagree with that perspective completely. I was without a doubt taken for the most extensive, emotional and expensive ride in my life by Janice. We were lovers, I thought we were friends, and I was certain she loved me based on her actions and her unequivocally saying so. I spent many thousands of dollars on clothes, jewelry, furniture, trips, restaurants and indulgences in an effort to please her. She willfully and consciously indulged herself in these significant expenditures. I enjoyed watching her pleasure in the participation of our definitely, surreal adventure. Indeed I adored her and after it ended, I learned that she apparently never really loved me. That total realization was devastating to my ego, my self- esteem, and my entire well-being. I suffered situational depression and actually became physically ill as a result. It was without a doubt the most painful thing I have ever endured in my entire life. Lord Tennyson’s famous words, “better to have loved and lost than not to have loved at all”, are baloney. The pain was excruciating and devastating. SUCH is life. My feelings of the heart were there, which we all have experienced. SO be it.”
WHAT do you think?
JUDSON Bennett-Coastal Network
OPINION
Yet Another Company Plans to Leave Delaware, As Exodus From America’s First State Continues
Dear Friends,
Another company plans to leave Delaware, as the exodus from America’s First State Continues
I just wrote about President Trump’s media company no longer being incorporated in Delaware and the list is growing folks, as biotechnology company GlycoMimetics plans to leave Delaware.
I also wrote this week about Trump Media & Technology Group moving to Florida. It’s the company that runs Truth Social. Please share your feedback, which is valued and appreciated.
BREAKING: GlycoMimetics Inc. (NASDAQ: GLYC) Has Filed To LEAVE DELAWARE and Redomesticate In The Cayman Islands
GlycoMimetics is a clinical-stage biotechnology company discovering and developing glycobiology-based therapies for cancers and inflammatory diseases.
OPINION
Trump Media Group Leaves Delaware For Florida, As Delaware Loses the President’s Media Company
Dear Friends,
Another one bites the dust and it’s a BIG one folks as President Trump’s media company is officially no longer incorporated in Delaware.
Trump Media & Technology Group, valued at over $5 billion, is now headquartered in Sarasota, Florida. This company runs Truth Social, the social-media company majority-owned by US President Donald Trump.
That’s a big one, folks! Please share your feedback, which is valued and appreciated.
Trump Media & Technology Group (NASDAQ: DJT), a publicly traded company with a market cap of $5.34 BILLION, Has Officially LEFT DELAWARE for Florida
Trump Media & Technology Group Corp. is an American media and technology company headquartered in Sarasota, Florida. It runs the Truth Social social-media platform and is majority-owned by U.S. President Donald Trump.
If you haven’t left Delaware yet, what are you waiting for?
OPINION The world has gone crazy! The Democrats have become absurd!
Dear Friends, I have never been so disgusted, frustrated, and amazed at just how stupid some people have become ! Folks this includes some former friends and relatives of mine that just don’t get it. Logically, how could anybody with the slightest bit of intelligence prefer to have criminal illegal aliens remain in the country instead of being deported? I can understand party loyalty, but the Democrats have become absurd! How can a Judge actually escort a criminal alien out of her court ? How could anybody believe trans males should be allowed to participate in female sports? The Democrats do ! Compromise is the essence of Democracy, however the Dems have no clue ! Can you believe this party is now touting AOC and Bernie Sanders (Socialist/ Communists) as the future of their party ? Folks, indeed the world has gone crazy ! So be it. What do you think? As always, your comments are welcome and appreciated.
Sincerely yours, JUDSON Bennett-Coastal Network
OPINION Feedback on Companies Openly Saying Being Incorporated in Delaware Could Hurt Their Options
Dear Friends,
My column on companies saying being incorporated in Delaware could hurt their business and discourage opportunities going forward really struck a chord with so many of you.
Here are some of what you, my dear readers, sent in:
“I thought Delaware was fixing this problem with SB21. Now I see they realize how bad it REALLY is and they’re fixing it too late.” – Brenda B.
“America’s First State, as you like to call it so often, looks more like America’s Last State. We are being left behind, Jud. I’ve never been more sad for our great state.” – Rob T.
“How many more companies have to leave before Delaware cleans house on corruption. Thank you for telling us what’s going on out there.” – Samantha C.
“The legislators need to do more. Action is needed now!” – Carl M.
“It’s agonizing to watch our state sit by and let this happen.” – Thomas W.
Keep the feedback coming, folks. It’s always appreciated.
Democrats Are In A Terrific Losing Situation With Absurd, Feeble Attempt to Hurt the Trump Administration
Dear Friends,
It is beyond amazing to this patriot, as I watched Maryland U.S. Senator Van Hollen travel to El Salvador to attempt to bring back gang member Abrego Garcia back to the US, regardless of the incriminating evidence indicating this illegal alien’s situation.
Folks, the Democrats are in a terrific losing situation with this absurd, feeble attempt to hurt the Trump administration.
I say bring him back, try him in Court, and then deport him again!
It is also now laughable that Acacio Cortez is now the leader of the DEM party.
Large Companies Leaving Delaware in Droves: 20 Companies Valued at $100 Million or More Have Announced Plans to Leave in Past Two Years
Dear Friends,
While AMC Networks became the 10th company to announce it may leave Delaware this year, it turns out 20 companies have announced plans to leave since 2023. Half of those companies have said so in 2025 alone. Scary numbers no matter what, folks.
What can Delaware do to slow or stop this? Delaware legislators passed Senate Bill 21 (SB21) this year. Is that helping or will it help? Please share your thoughts on this, they’re always valued and appreciated.
Please click on the X link from Professor Robert Anderson below.
List of companies that have proposed reincorporating from Delaware to other states since 1/1/23, with greater than $100m market cap:* •TripAdvisor (4/10/23, to Nevada, passed, litigation) •Cannae Holdings (4/14/24, to Nevada, passed) •Fidelity National Federal (4/15/24, to Nevada, failed) •Tesla (4/17/24 to Texas, passed) •P.A.M. Transportation (6/7/24, to Nevada, passed) •Trade Desk(9/23/24, to Nevada, passed) •DropBox (1/31/25, to Nevada, passed) •Trump Media(2/21/25, to Florida, passed) •Simon Property Group(3/21/25, to Indiana, pending) •Tempus AI(3/28/25, to Nevada, pending) •Zion Oil (3/28/25, to Texas, pending) •Roblox (4/2/25, to Nevada, pending) •Sphere Entertainment (4/3/25, to Nevada, pending) •Xoma Royalty (4/4/25, to Nevada, pending) •Madison Square Garden Entertainment (4/7/25, to Nevada, pending) •Madison Square Garden Sports (4/7/25, to Nevada, pending)
*The list may be incomplete.(He plans) plan to post new versions as information comes in.
OPINION AMC Networks May Leave Delaware For Nevada, the 10th Company in 2025 To Leave America’s First State?
Dear Friends,
Folks, AMC Networks is the 10th company to publicly announce it may leave Delaware so far this year. These announcements are coming faster each week it seems. How many more companies are considering leaving? In their annual shareholder meeting announcement, AMC Networks said it plans to meet on June 5 at 10 a.m. Eastern time and vote on moving its incorporation to Nevada, from Delaware.
Despite Delaware legislators passing Senate Bill 21 SB21, more companies plan to leave. I’m nervous for Delaware, folks. Please share your thoughts on this, they’re always valued and appreciated.
Please click on the X link from Professor Robert Anderson below.
AMC Networks has filed to reincorporate out of Delaware and into Nevada.
OPINION Elon Musk Says “If Delaware Doesn’t Reform, it Will Lose all its Corporate Business”
Dear Friends,
Look at this exchange below from Tesla Boomer Mama, one of my favorite people on the website formerly known as Twitter, and Elon Musk. It paints an even more scary picture of what has been a pretty bad week of news for America’s First State.
Here is their exchange from X:
Ale𝕏andra Merz @TeslaBoomerMama Isn’t it strange that we had law cases filed against us monthly, if not weekly, while we were in Delaware, and since June 14, 2024 – now in Texas, it’s ? Must be because we currently have extremely quiet times, don’t you think?
Elon Musk @elonmusk Texas is much better than Delaware. If Delaware doesn’t reform, it will lose all its corporate business.
Ale𝕏andra Merz @TeslaBoomerMama True. And the (modest) reform they attempt then gets challenged in the Chancery Court, where the Chancellor can then choose whether she takes that case on. Unreal!
It has been a dire week for Delaware. Do you agree or disagree? Please share your thoughts, they’re valued and appreciated.
OPINION Companies Openly Saying Being Incorporated in Delaware Could Hurt Their Options
Folks, for the first time to my knowledge, companies are saying that being incorporated in Delaware could hurt their business and discourage opportunities going forward.
While companies leaving Delaware has become a dreadful problem, threatening to more deeply hurt the outlook for America’s First State, this is even worse that companies are saying being in Delaware may be detrimental.
I thought it couldn’t get worse! What do you think? Please share your thoughts, they’re valued and appreciated.
Please click on the X link from Leave Delaware below. This is scary stuff, folks.
Being Incorporated in Delaware Could Threaten Acquisition Opportunities
On March 27, 2025, 3 companies filed that Delaware law could prevent their companies from being acquired.
—Durect Corp., MySize Inc., and Aspira Women’s Health Inc.— per their annual shareholder reports
Our certificate of incorporation, bylaws and Delaware law could discourage an acquisition of us
OPINION Madison Square Garden Entertainment Calls “Special Meeting” to Vote on Reincorporating out of Delaware to Nevada
Dear Friends,
Madison Square Garden Entertainment has called a special meeting to vote on leaving Delaware and moving to Nevada.
So many companies are leaning toward leaving. It may be past the “get nervous” moment for our Governor and legislators. America’s First State’s reincorporation revenue is in danger, as I see it folks.
Did Delaware legislators passing Senate Bill 21 SB21 draw even more attention to this problem? What do you think, folks? Please share your thoughts, they’re always valued and appreciated.
Please click on the X link from Professor Robert Anderson below.
Madison Square Garden Entertainment has called a *special meeting* to vote on reincorporating out of Delaware into Nevada. This is a new development. 1/
A special meeting is normally called only to address urgent matters that can’t wait for the annual meeting. In this case, the annual meeting would likely be in December. Presumably, the company thought remaining in Delaware that long was too much of a risk. 2/
In addition, Madison Square Garden Sports (MSGS) has also filed to leave for Nevada as well, as pointed out by @anthonyrickey. They have also called a special meeting. 3/
I don’t recall any corporation calling a special meeting solely to vote on reincorporation. I haven’t been through the whole proxy yet. Maybe there’s some other reason. If there isn’t, this is a concerning uptick in the level of urgency.
No doubt Trump clearly ran on the idea of equalizing tariffs throughout the world. It is only fair that what one country charges us for our goods, the same should apply to them as well. The European Union, Canada, and Mexico have been ripping us off for years.
Indeed, our Auto workers, Farmers, and many others will benefit from these new Tariffs. The Republicans are in support of Trump’s ideas, however the Democrats are in major meltdown.
Unfortunately, The stock markets are in freefall from the concerns of big business, and although I believe temporary, many investors are extremely upset. Even this conservative pundit is wondering if Trump has overplayed his hand??
If we can be patient, I am hopeful The Tariffs will ultimately make Americans wealthy and safe again. Stay tuned as the economy rolls along in this new world.
As always, your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
Please follow me on LinkedIn:
Captain Judson Bennett:
https://www.linkedin.com/in/captainjudsonbennett
OPINION
Delaware Losing Another Company to Nevada? Tempus AI May Leave Due to An “Increasingly Litigious Environment”
Dear Friends,
Now Tempus AI has filed to leave Delaware due to an “increasingly litigious environment.” Roblox, Sphere Entertainment and now Tempus AI are all saying they may leave Delaware.
Maybe Delaware legislators passing Senate Bill 21 SB21 isn’t enough? How bad will it get, folks? Please share your thoughts, they’re always valued and appreciated.
Yet Another Company Fleeing America’s First State for Nevada? Sphere Entertainment Files to Leave Delaware
Dear Friends,
MORE Breaking News, folks, Sphere Entertainment has filed to leave Delaware. This week, American video game developer Roblox said it may leave Delaware to reincorporate in Nevada, just like TransPerfect did. Since Elon Musk and Tesla moved to Texas last year, more companies are deciding whether to follow.
Maybe Delaware legislators passing Senate Bill 21 SB21 can’t stop this exodus? Has the health of the incorporation industry in Delaware become an even bigger concern after Chancery Court’s cronyism and corruption went too far?
What do you think can solve this, folks? Please share your thoughts, they’re always valued and appreciated.
Please see the note on X from Professor Robert Anderson below.
Sphere Entertainment (SPHR) has filed to reincorporate out of Delaware and into Nevada.
OPINION
Another Company Leaving Delaware for Nevada? Roblox May Leave America’s First State
Dear Friends,
Breaking News, folks, Roblox, an American video game developer announced it may leave Delaware and reincorporate to Nevada, following companies like TransPerfect, which also left Delaware for Nevada, and Tesla, which moved to Texas last year.
It’s possible that Delaware passing Senate Bill 21 SB21 will not be enough to stop the damage that has been done to the incorporation industry in Delaware. The Chancery Court’s cronyism and corruption, as I see it folks, went too far.
What do you think will happen, folks? Do you see more of this? Please share your thoughts, they’re always valued and appreciated.
Roblox could move its corporation from Delaware to Nevada.
Shareholders will vote on the possible move in May.
Some companies have followed Elon Musk’s decision to reincorporate his companies outside Delaware.
Delaware’s reputation as the country’s most corporate-friendly state has taken another hit.
Roblox is now the latest company to propose leaving Delaware, according to a note it sent to its shareholders this week. Numerous other major corporations — like Dropbox and Bill Ackerman’s Pershing Square Capital Management — have also said in recent months they planned to leave Delaware. Meta, too, is rumored to be considering a move.
The trend began with Elon Musk, who moved Tesla and SpaceX out of Delaware last year after a Delaware judge sided with some Tesla shareholders to block Musk’s $55 billion pay package.
In the note, Roblox’s board of directors, who have already approved the move, urged shareholders to support the proposal.
“We believe that Nevada’s corporate law framework and statutory regime aligns with Roblox’s culture of innovation, values, and mission to connect the world with civility and optimism,” the company said in its note to shareholders. “It also allows us to continue to build shareholder value by providing a supportive, predictable environment.”
The ongoing exodus is devastating for Delaware, which has long been considered the country’s most business-friendly state. According to Delaware’s government, the state is home to some 2.2 million registered entities, which contribute millions to its revenue. In 2024, more than 80% of IPOs in the United States were incorporated in Delaware.
“The fact is Delaware is the best location in the world for a company to incorporate and that’s thanks to our legal expertise dating back to 1792,” Meyer told Business Insider in February. “But let’s be clear: If any entity leaves Delaware, we’re going to work to win them back.”
Meyer said the balance of shareholder and management rights is one of the areas the state intended to address. “We’re cognizant that there may be some things that need to change. We’re going to work on them,” he said.
On March 25, the governor approved a number of proposed changes. But for some corporations, those fixes might be too little too late.
A Roblox spokesperson told BI the company believed reincorporating in Nevada could “provide a stable and predictable legal environment in which the Company can focus on innovation and growth.”
Coastal Network Convinced That Donald Trump Was Joking About running for a Third Term
Dear Friends,
After giving it more thought, I’m convinced that Donald Trump was joking about running for a third term or saying it so that his current policies will hold more weight without labeling him a lame duck? This story below suggests otherwise.Frankly, the writer of this article, CHRIS MEGERIAN, from the Associated Press, doesn’t understand Donald Trump. Although having a huge ego, Trump is a remarkable showman who loves to have folks talking about him no matter what. The reality of him ever running for a 3rd term is absurd. The 22nd amendment prevents that possibility clearly.Unfortunately, there is a natural left wing bent to the article that tries to make Trump appear to want to thwart the Constitution!What do you think, folks? Please share your thoughts, they’re always valued and appreciated.Please read the Associated Press story below.
Donald Trump says he’s considering ways to serve a third term as president By CHRIS MEGERIAN, Associated Press Sunday, March 30, 2025 7:00PM WEST PALM BEACH, Fla. — President Donald Trump said Sunday that “I’m not joking” about trying to serve a third term, the clearest indication he is considering ways to breach a constitutional barrier against continuing to lead the country after his second term ends in early 2029.
“There are methods which you could do it,” Trump said in a telephone interview with NBC News.
He also said “it is far too early to think about it.”
The 22nd Amendment, added to the Constitution in 1951 after President Franklin D. Roosevelt was elected four times in a row, says “no person shall be elected to the office of the President more than twice.”
NBC’s Kristen Welker asked Trump if one potential avenue to a third term was having Vice President JD Vance run for the top job and “then pass the baton to you.”
“Well, that’s one,” Trump responded. “But there are others too. There are others.”
“Can you tell me another?” Welker asked in the early morning interview, before Trump left his Mar-a-Lago resort to spend the day at his nearby golf course.
“No,” Trump replied.
Vance’s office did not immediately respond to a request for comment from The Associated Press.
Derek Muller, a professor of election law at Notre Dame, noted that the 12th Amendment, which was ratified in 1804, says “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
Muller said that indicates that if Trump is not eligible to run for president again because of the 22nd Amendment, he is not eligible to run for vice president, either.
“I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” Muller said.
In addition, pursuing a third term would require extraordinary acquiescence by federal and state officials, not to mention the courts and voters themselves.
He suggested that Trump is talking about a third term for political reasons to “show as much strength as possible.”
“A lame-duck president like Donald Trump has every incentive in the world to make it seem like he’s not a lame duck,” he said.
Trump, who would be 82 at the end of his second term, was asked whether he would want to keep serving in “the toughest job in the country” at that point.
“Well, I like working,” the president said.
He suggested that Americans would go along with a third term because of his popularity. He falsely claimed to have “the highest poll numbers of any Republican for the last 100 years.” Gallup data shows President George W. Bush reaching a 90% approval rating after the attacks on Sept. 11, 2001. His father, President George H.W. Bush, hit 89% following the Gulf War in 1991.
Trump has maxed out at 47% in Gallup data during his second term, despite claiming to be “in the high 70s in many polls, in the real polls.
“Trump has mused before about serving longer than two terms before, generally with jokes to friendly audiences.
“Am I allowed to run again?” he said during a House Republican retreat in January.
Representatives for the congressional leadership – House Speaker Mike Johnson, R-La., House Democratic leader Hakeem Jeffries of New York, Senate Majority Leader John Thune, R-S.D., and Senate Democratic leader Chuck Schumer of New York – did not immediately respond to requests for comment from the AP.
OPINION A Chancery Court Victory for TransPerfect Thanks to Governor Matt Meyer and Senator Bryan Townsend on Passing Senate Bill 21 in Delaware Dear Friends,
Please see the news below from TransPerfect CEO Phil Shawe on his X/Twitter account. I concur with what he’s saying so well: “Anything that puts limits on Chancery’s unchecked power—and re-introduces predictability for businesses—is a welcome step towards the kind of Chancery reform we’ve been talking about for years.”
I’m delighted to see something constructive happen to Shawe and his company, which spent millions on legal fees, illegally swiped from it in my view. This is some consolation and a strong message to the Chancery Court — not just from me as I’ve been yelling about this for years — but from our elected officials!
I have to say this new governor has balls. Governor Matt Meyer and Senator Bryan Townsend got Senate Bill 21 passed. It’s a big move in the right direction.
Please share your thoughts on SB21 passing and the effort from Meyer and Townsend. What else would you like to see, folks? Your feedback is always welcome and appreciated. Sincerely Yours,
Anything that puts limits on Chancery’s unchecked power—and re-introduces predictability for businesses—is a welcome step towards the kind of Chancery reform we’ve been talking about for years.
SB 21 significantly curtails the Chancery’s power to make arbitrary rulings—a move in the right direction—but it doesn’t go far enough.
It also doesn’t address some core problems such as lack of random case assignment, runaway legal fees and easy public access to audio, video, and transcripts—so there is more work to do!
Congratulations to Governor Meyer (@MattMeyerDE) and Senator Bryan Townsend (@BryanTownsendDE) on getting this first step done!
OPINION Dear Friends, I’m convinced that Donald Trump was joking about running for a third term or saying it so that his current policies will hold more weight without labeling him a lame duck? This story suggests otherwise. What do you think, folks? Please share your thoughts, they’re always valued and appreciated. Sincerely Yours, JUDSON Bennett–Coastal Network
Donald Trump says he’s considering ways to serve a third term as president
By CHRIS MEGERIAN, Associated Press
Sunday, March 30, 2025 7:00PM
WEST PALM BEACH, Fla. — President Donald Trump said Sunday that “I’m not joking” about trying to serve a third term, the clearest indication he is considering ways to breach a constitutional barrier against continuing to lead the country after his second term ends in early 2029.
“There are methods which you could do it,” Trump said in a telephone interview with NBC News.
He also said “it is far too early to think about it.”
The 22nd Amendment, added to the Constitution in 1951 after President Franklin D. Roosevelt was elected four times in a row, says “no person shall be elected to the office of the President more than twice.”
NBC’s Kristen Welker asked Trump if one potential avenue to a third term was having Vice President JD Vance run for the top job and “then pass the baton to you.”
“Well, that’s one,” Trump responded. “But there are others too. There are others.”
“Can you tell me another?” Welker asked in the early morning interview, before Trump left his Mar-a-Lago resort to spend the day at his nearby golf course.
“No,” Trump replied.
Vance’s office did not immediately respond to a request for comment from The Associated Press.
Derek Muller, a professor of election law at Notre Dame, noted that the 12th Amendment, which was ratified in 1804, says “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
Muller said that indicates that if Trump is not eligible to run for president again because of the 22nd Amendment, he is not eligible to run for vice president, either.
“I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” Muller said.
In addition, pursuing a third term would require extraordinary acquiescence by federal and state officials, not to mention the courts and voters themselves.
He suggested that Trump is talking about a third term for political reasons to “show as much strength as possible.”
“A lame-duck president like Donald Trump has every incentive in the world to make it seem like he’s not a lame duck,” he said.
Trump, who would be 82 at the end of his second term, was asked whether he would want to keep serving in “the toughest job in the country” at that point.
“Well, I like working,” the president said.
He suggested that Americans would go along with a third term because of his popularity. He falsely claimed to have “the highest poll numbers of any Republican for the last 100 years.”
Gallup data shows President George W. Bush reaching a 90% approval rating after the attacks on Sept. 11, 2001. His father, President George H.W. Bush, hit 89% following the Gulf War in 1991.
Trump has maxed out at 47% in Gallup data during his second term, despite claiming to be “in the high 70s in many polls, in the real polls.”
Trump has mused before about serving longer than two terms before, generally with jokes to friendly audiences.
“Am I allowed to run again?” he said during a House Republican retreat in January.
Representatives for the congressional leadership – House Speaker Mike Johnson, R-La., House Democratic leader Hakeem Jeffries of New York, Senate Majority Leader John Thune, R-S.D., and Senate Democratic leader Chuck Schumer of New York – did not immediately respond to requests for comment from the AP.
OPINION
Now That Delaware Lawmakers Passed Senate Bill SB21, What’s Next For Companies in America’s First State?
Dear Friends,
There is no doubt for the purposes of the State of Delaware, indeed to maintain corporate dominance and to encourage major companies from fleeing the First State, Senate Bill 21 is a positive beginning.
Furthermore, in my view, Tycoons like Elon Musk and Philip Shawe, who have clearly been abused by Delaware’s Chancery Court, would now be granted safe haven to operate their companies.
That reality, of course, is fuel for the opposition. There is no doubt that big political money came pouring into Delaware to achieve this seemingly new beginning for Delaware’s protection.
Several influential leaders on both sides of the Delaware Legislative Isle have indicated to me it is now necessary to get rid of those who caused these problems in Delaware’s Chancery Court.
Yours truly is taking a slight victory lap, as my publications have helped inspire some of these legislative actions.
Let’s see what develops in Delaware from here forward. As always, your feedback is welcome and appreciated.
OPINION Delaware Lawmakers Pass Senate Bill SB21 To Try to Keep Big Companies From Leaving America’s First State
Dear Friends,
The Delaware legislature passed Senate Bill 21, designed to keep large companies from leaving after many have left in recent years. It’s a signal to the companies incorporated in America’s First State that the legislature is willing to take action to try to clean up what has become a giant mess, sadly, because of the Delaware Chancery Court.
This is not a solution that clears what Andre Bouchard and Leo Strine unleashed onto our state and that Chancellor Kathaleen McCormick continues to this day, in my view. I do commend our legislators and Governor Matt Meyer for taking action to try to stop what I see as cronyistic behavior that has caused companies like Tesla and TransPerfect to leave.
See the recap on this from Professor Robert Andreson below. He wrote this on X, formerly known as Twitter, after the news broke. Let me know your thoughts. Your feedback is always welcome and appreciated.
Here’s the latest from Robert Anderson, Professor of Law at the University of Arkansas. He posted this on X:
The Delaware legislature has passed the most sweeping legislative overhaul of fiduciary duty in its history. SB 21 now heads to the Governor’s desk for signature. Through watching this process, I developed a new appreciation for the commitment of the Delaware legislature to preserving its corporate franchise. As many have noted, the state’s small size makes it dependent on the franchise in a way that ensures its legislature will be responsive to the needs of companies incorporated there. The changing politics of the state may pose a challenge for that commitment in the future. But for now the legislature has sent a strong signal that it listens to the companies that are incorporated there. The court system is still a challenge in Delaware, with no obvious direct solution.
The Court of Chancery, which was always Delaware’s cachet that no other state could replicate, is now a potential liability.
The Supreme Court is a check, but it’s inconsistent in its oversight. With the legislature having demonstrated its commitment to keeping companies in the state, the proverbial ball is now in the Supreme Court’s–uh–court to show that all three branches are united in commitment to keeping companies incorporated in the state. The most important test for the Supreme Court is the Tornetta v. Musk appeal. It won’t be easy because of the public pressure but the Court must reverse the wrong that was done by the Court of Chancery and do protect the state’s future, proving that Delaware still stands for predictability and certainty by honoring the (twice) expressed will of Tesla shareholders.
Some people won’t give Delaware credit for anything. The legislature didn’t get distracted by all the side quests proposed by special interest groups. They just did the job that they’re expected to do to keep their incorporation business going.
OPINION
Delaware Lawmakers to Vote on Corporate Law SB21 To Keep Companies Like Meta and Walmart from Leaving
Dear Friends,
I’m working the phones, finding out what’s going on with the Delaware legislature as they are set to vote to change the state’s corporate law, in order to keep big companies Meta and Walmart from leaving.
Do you agree that changes should be made or do you think they should keep things unchanged? See the Reuters story below and let me know your thoughts. Your feedback is always welcome and appreciated.
Delaware lawmakers to vote on corporate bill critics call giveaway to billionaires
* Bill aims to stop firms leaving Delaware for other states
* Critics label it a “billionaire’s bill” benefiting shareholders
* Opposition includes shareholder attorneys, pension fund managers
By Tom Hals
March 25, 202511:39 AM EDT
WILMINGTON, DEL., March 25 (Reuters) – Delaware lawmakers are scheduled to vote on Tuesday to overhaul the state’s corporate law to keep powerful business leaders like Mark Zuckerberg from moving their companies’ legal home to another state, although opponents call it a giveaway to billionaires.
The law, known as SB 21, is on the agenda for the Delaware House session that begins at 2 p.m. ET (1800 GMT) on Tuesday, where it must receive approval from two-thirds of the chamber’s members.
The bill has already been approved by the Delaware Senate and Governor Matt Meyer said he will sign it.
The bill mostly impacts companies with a controlling shareholder, like Meta Platforms, which is controlled by Zuckerberg. The proposal provides steps for arranging deals between a company and its controlling shareholder, such as selling corporate assets to the controller, that cannot be challenged in court by the company’s other investors. It also applies to deals between the company and board members and executives.
Leaders of both parties sponsored the bill in the hopes of preventing “DExit” — or a stampede of companies moving their legal home out of one of the country’s smallest and least populated states. While other states are trying to attract corporations, Delaware still remains home to most large public companies in part because its corporate law protects board directors from being sued if they are independent and act in the company’s best interest. Fees from chartering businesses generate more than 20% of Delaware’s budget revenue.
Several companies, mostly with controlling shareholders, have said they might or will leave Delaware, including Dropbox (DBX.O), opens new tab, Meta Platforms, opens new tab(META.O), opens new tab, Tripadvisor (TRIP.O), opens new tab and President Donald Trump’s media company. On Friday, Simon Property Group(SPG.N), opens new tab, which is not a controlled company, asked its shareholders to approve moving the real estate investment trust’s legal home to Indiana, where it has its headquarters, from Delaware. REITs like Simon tend to be chartered outside of Delaware.
The proposed legislation has been labeled “the billionaire’s bill” by critics, which include attorneys for shareholders and managers of pension funds. The annual process to amend Delaware’s corporate law rarely attracts attention but this year has been marked by high-profile opposition ads showing Elon Musk waving a chainsaw.
The International Corporate Governance Network, which says its members manage more than $90 trillion in assets, warned lawmakers in a letter earlier this month the bill could have “significant negative implications for long-term returns for investors, including people saving for their retirements.”
Delaware Representative Madinah Wilson-Anton, a member of the majority Democratic Party, told the Breaking Points podcast on Friday that her “email inbox is unusable because I’ve gotten so many emails from constituents that are telling me to vote no.”
The bill prevents shareholders from challenging deals that are approved by a board committee that has a majority of independent directors or by a vote by public shareholders. The bill also limits records available to shareholders who want to investigate a deal for conflicts.
Corporate leaders have expressed frustration in recent years over court rulings that upset certain expectations about the state’s law. Tech billionaire Elon Musk fueled the debate last year by urging companies to follow Tesla (TSLA.O), opens new tab and leave the state after a Delaware judge rescinded his $56 billion pay package as CEO of the electric car maker.
OPINION
Trump Dismantles Department of Education!
Dear Friends,
As the left screams bloody murder, President Trump signs an Executive Order, dismantling the US Dept. of Education.
Trillions of dollars have been wasted in this corrupt and incompetent operation over the years with the most global dollars spent per student, while American scholars remain near the bottom worldwide in reading and mathematics.
There is no comparison in the educational accomplishment of higher mathematics with countries such as India, China, and the Scandinavian countries.
Trump believes by sending the education of our students back to the states, things will drastically improve.
Certainly over the years, I have seen local institutions offer Latin and higher mathematics, while others pushed leftist ideology instead of basic fundamentals.
Time for a change and our future national security depends on it.
What do you think? As always your comments are welcome and appreciated.
Elon Musk and Tesla Lead Revolt Against Delaware’s Hold On Incorporations, Washington Post Reports Dear Friends,
Elon Musk has brought on a revolt against Delaware’s grip on companies incorporated in America’s First State. Companies such as TransPerfect and Tripadvisor have left. Now that Tesla has left for Texas, Delaware is scrambling to stop the exodus of the world’s largest companies.
It’s a challenge for Delaware Governor Matt Meyer, just a couple of months into his new role, to keep other big-named CEOs, such as Meta CEO Mark Zuckerberg and fund manager Bill Ackman, from following Musk out of Delaware.
“This is the time we need to take action,” Delaware’s secretary of state, Charuni Patibanda-Sanchez told the Washington Post, “so that we will remain the corporate capital of the world.”
Do you think Delaware will act fast enough to stop this? See the story below and let me know your thoughts, folks. Your feedback is always welcome and appreciated.
Delaware’s grip on corporations seemed solid. Elon Musk led a revolt.
The state built its identity — and its budget — on being home to the world’s largest companies. But after Tesla took off for Texas, it’s scrambling to change its laws.
A revolt led by tech billionaires has Delaware scrambling to preserve its lucrative status as the corporate home of the American business world.
A year after a Delaware judge ordered Tesla to revoke Elon Musk’s $56 billion pay package, prompting him to relocate his companies’ incorporation to Texas and Nevada, reports that other prominent firms might follow his lead have sparked a potential crisis for the state.
Gov. Matt Meyer, in his second month on the job, faces the task of persuading billionaires such as Meta CEO Mark Zuckerberg and hedge fund manager Bill Ackman to keep their companies incorporated in Delaware while reassuring voters that he isn’t giving away the store.
That is proving to be no mean feat. Meyer, a Democrat, and top lawmakers have quickly crafted an overhaul to prevent an exodus. But the package has raised alarms from legal experts who say the changes could curtail corporate accountability — especially after it emerged that they were drafted in part by an attorney whose law firm represents Tesla.
At stake are the laws that set the terms of accountability for leaders of many of the world’s largest and most powerful companies, as well as the future of a state whose identity — and budget — are bound up with them.
“This is the time we need to take action so that we will remain the corporate capital of the world,” said Delaware’s secretary of state, Charuni Patibanda-Sanchez.
Along came Musk
Until recently, Delaware’s grip on that status seemed secure. Most Fortune 500 companies are incorporated there, bringing in some $2 billion a year in corporate franchise taxes — more than a third of the state’s annual revenue and a big reason it has no sales tax.
The state’s leaders refer to businesses that incorporate there as “customers.” A core service Delaware provides them is a specialized business court, the Delaware Court of Chancery, which puts power over most corporate lawsuits in the hands of expert judges rather than juries. The arrangement, experts say, speeds up the litigation process and reduces companies’ risk of unpredictable and perhaps ruinous trial outcomes.
Companies have occasionally complained about the system over the years, but few have left. Then came Musk, whose unorthodox business practices have landed him at the chancery court with increasing frequency in recent years.
In 2022, he won a case brought by Tesla shareholders who accused him of orchestrating a sweetheart deal to buy his cousin’s struggling solar panel company, SolarCity. But later that year, a new top judge — Chancellor Kathaleen McCormick, the first woman to hold the position — took a hard line on Musk’s efforts to wriggle out of his offer to buy Twitter, prompting the billionaire to go through with the purchase after all.
In a separate case decided in January 2024, McCormick struck down a pay package Tesla granted Musk in 2018, which had become worth an estimated $56 billion. She ruled that Musk had used his influence over Tesla’s board to enrich himself at the expense of the company’s shareholders.
“Never incorporate your company in the state of Delaware,” Musk said on X after that ruling. Weeks later, his company SpaceX moved its incorporation from Delaware to Texas, and Tesla followed suit in June.
The electric car company held a new shareholder vote on Musk’s pay package, which passed, but McCormick declined in December to reinstate it. Musk and Tesla have appealed the case to Delaware’s Supreme Court.
Musk’s exit from Delaware turned heads in the tech world but didn’t initially alarm the state’s legal establishment.
“I don’t see it getting serious traction,” Lawrence Hamermesh, professor emeritus at Widener University’s Delaware Law School, told The Washington Post at the time. “He’s sort of a one-off.” Less than a year later, that confidence has collapsed.
On Jan. 31, the Wall Street Journal reported that Meta, the parent company of Facebook, Instagram and WhatsApp, was considering its own Delaware exit — or “Dexit,” as corporate wags have dubbed it — with Texas a possible destination. The report came days after Zuckerberg said the company would move its trust and safety workers from California to Texas because of concerns about liberal bias, partly in response to Donald Trump’s election as president. (Meta has declined to comment on the Journal’s report.)
That same day, cloud giant Dropbox filed to move its incorporation from Delaware to Nevada. The following morning, Feb. 1, the outspoken investor Ackman announced on X that his hedge fund, Pershing Square Capital Management, planned to leave Delaware, as well.
“Top law firms are recommending Nevada and Texas over Delaware,” Ackman said, though he added in a follow-up post that “we haven’t made a final decision.”
Delaware wasn’t always the country’s corporate capital. It snatched that title from New Jersey in the 1910s after that state passed more restrictive laws, influenced by the trustbusters of the era.
“For generations, most of America’s companies have picked Delaware as their corporate home, which has allowed us to help fund everything from our schools to our first responders to the infrastructure that helps support every part of our state,” Meyer said in an emailed statement.
Now it’s Delaware that fears losing its edge to Republican-led states such as Texas and Nevada, which have copied many of its legal features but positioned themselves as friendlier to companies’ top officials. That has emerged as a selling point for some tech companies, which are often steered by a single founder/CEO or by major venture capital investors.
An ‘emergency situation’
In the state capital, Dover, the real and threatened departures set off alarm bells. Democrats have controlled the legislature and governor’s office since 2009, presiding over the state of fewer than 1 million residents — and some 1.5 million corporations — with a pragmatic, clubby approach that some call “the Delaware way.”
“There was an immediate huddling up of top Delaware leaders, of what it might mean,” said the state’s Senate majority leader, Bryan Townsend (D). A decision was quickly made to “go out and canvass the market and find out how broad or deep the concerns about Delaware law might be.” Patibanda-Sanchez, the secretary of state, embarked on what she called a “listening tour” with corporate leaders and lawyers. She said it quickly became clear to her that Delaware could be facing an exodus if it didn’t act quickly — perhaps as soon as April, when companies around the country convene shareholder meetings.
Changes to Delaware’s corporate laws are usually drafted by the state’s bar association. To speed the process, Meyer and Townsend, both lawyers, called on a small, handpicked group of Delaware corporate law luminaries to draft proposed legislation.
The group proposed three main changes to the state’s corporate laws: limit who can be considered a “controller” of a corporation; curb minority shareholders’ access to company records, such as emails between its officials; and cap the fees plaintiffs’ attorneys can be awarded when they win a case. Together, those changes would shift the balance of power toward a company’s key figures and away from its minority shareholders.
But within days of introducing the proposal, the group faced an outcry. Zeberkiewicz’s firm had defended Tesla in the case challenging Musk’s pay, prompting charges of a conflict of interest. Some aspects of the bill also seemed to open the door to the Delaware Supreme Court reinstating Musk’s pay package.
“The bill was drafted by Elon Musk’s lawyers outside the normal deliberative process,” said Jeroen van Kwawegen, a partner at the law firm Bernstein Litowitz Berger & Grossmann LLP and one of the leaders on the case that nullified Musk’s package. “It is deeply hostile to Delaware’s expert judiciary … while giving corporate insiders a license to steal from public investors.”
Several people directly involved in the process said such claims mischaracterize the bill’s intent and Zeberkiewicz’s role.
OPINION Senate Bill 21 Passes in Effort to Bring “Clarity and Balance to Delaware Courts and Corporations
Dear Friends,
Senate Bill 21 passed. The bill should bring “clarity and balance” back to Delaware corporate laws
Senate Majority Leader Bryan Townsend — a Democrat from Newark and a career attorney who handles Delaware corporate litigation — told Delaware Public Media that “recent court decisions have effectively muddied some key aspects of Delaware’s legal franchise.”
Townsend said this bill addresses “growing frustration” about the “departure in predictability’ in Delaware’s courts.” Delaware’s SB21 will try to repair the damage done by Andre Bouchard, Leo Strine and current Chancery Court Chancellor Kathaleen McCormick. Many companies have left as more are considering leaving Delaware. In response to that, Townsend is trying to bring back “predictability” to our Chancery Court, which has been ripe for changes.
See the story below for more and let me know your thoughts on this folks. It is always welcome and appreciated.
Delaware Senate Passes Controversial Senate Bill 21
DOVER, DE- The Delaware Senate unanimously passed Senate Bill 21 on Thursday, a controversial measure that has sparked heated discussions inside Legislative Hall.
Senate Bill 21 seeks to change how business deals between company leaders and major shareholders are handled in the state.
State Senator Brian Pettyjohn, a Republican from District 19, explained the bill’s purpose, noting it aims to address concerns about the balance of power in corporate governance.
“Senate Bill 21 is introduced really as a result of the perception that Delaware corporate law has become unbalanced, more in favor of shareholder groups versus the board of directors that govern the company.”
Delaware, known as the corporate capital of the U.S., is home to over 2 million entities, with many of them choosing to incorporate in the state due to its favorable laws.
Pettyjohn argues that maintaining this business-friendly environment is critical for the state’s economy.
“Losing the corporate franchise dollar would be devastating to our state’s economy. It could lead to things we don’t want, like a sales tax or statewide property taxes.”
While the bill has garnered support, it has also faced opposition. Critics argue that it grants too much power to corporate boards over shareholders.
However, supporters, including Senator Trey Paradee, a Democrat from District 17, contend that the bill simply codifies a longstanding practice in Delaware.
“I think the bill really just codifies a practice that Delaware has always maintained, honestly. And it’s really about striking a balance between corporations and shareholders.”
Pettyjohn emphasized that these changes will bring stability to the state’s business climate, helping ensure companies continue to operate in Delaware.
“Corporations love stability. They love predictability. And as long as they know that we’re stabilizing the waters here in Delaware, we’re calming the rough seas, they will be more inclined to stay here in Delaware versus looking for other states.”
Senate Bill 21 now moves from the Senate to the House for further discussion and a vote.
OPINION Delaware Governor Matt Meyer Promises to Address “Loss of Clarity, Predictability and Fairness” in Delaware Courts
Dear Friends,
Newly-elected Delaware Governor Matt Meyer went on TV and looks to have promised to address the “loss of clarity, predictability and fairness in the Delaware courts.” I’m no Democrat folks, but it’s refreshing to hear a politician say out loud what the rest of us want to see happen.
As companies like Walmart threaten to follow companies such as Dropbox, Transperfect and Tesla out of Delaware, Meyer is at least addressing the biggest issue out there on Delaware courts. That’s so much more than anything John Carney did as Governor.
“What we’re hearing is that there is some loss of clarity, predictability and fairness in the Delaware courts,” newly-elected Governor Matt Meyer. “We’re also hearing, universally, that Delaware business courts are a treasure. What we’re hearing from their legal counsel is that they want to stay.”
As governor, he’s smart to address both sides. Showing that some companies are unhappy enough to leave, while others aren’t.
Do you think our new governor will be able to successfully tackle this? I’d love to hear your thoughts on this, folks, whether you agree or disagree. Your feedback is always welcome and appreciated.
Another Billing Boondoggle Happening in Delaware’s Chancery Court, Just LIke With Elon Musk’s Tesla and Transperfect
Dear Friends,
Folks, another billing boondoggle is happening in Delaware’s Chancery Court. For all of the talk of the court trying to “straighten up and fly right” these days, the court appears to be lining up another case where they can line the pockets of their Delaware lawyer pals.
Just like the Elon Musk Tesla case or the Transperfect case and so many others, the court seems to find ways to bring in way too much money for what is getting done. This is how I see it and how it has been in the past decade under Kathaleen McCormick, Leo Strine and Andre Bouchard.
Come to Delaware’s Chancery Court, where we take your millions (or is it billions?!) and there’s nothing you can do about it, as I see it. How do you see it folks? Please see the New York Post story below and share you thoughts on this. Your feedback is always appreciated here at the Coastal Network
Judge opens door to possible bidding war for Paramount as it scrambles to close $8B Skydance merger
By Josh Kosman Published March 4, 2025, 6:00 a.m. ET
A Delaware judge on Monday opened the door to the possibility of a renewed bidding war for Paramount Global that could thwart the media giant’s $8 billion deal to merge with Hollywood movie studio Skydance Media.
Early last month, New York City’s public pension funds sued to block the Skydance merger agreement, whose exclusive terms have prevented Paramount from considering a rival bid claiming to be worth $8.8 billion from Project Rise Partners, an investment consortium.
On Monday, Delaware Chancellor Kathaleen McCormick asked the pension funds for more information — an indication she is seriously weighing their request to at least temporarily block the deal from closing, according to sources briefed on the court proceeding.
Lawyers for Paramount had held out hopes that Judge McCormick — who last year famously smacked down Elon Musk’s $56 billion pay package from Tesla’s board — would rule from the bench and dismiss the suit, allowing the Paramount Skydance deal to proceed, sources said.
“If you are delaying a decision it’s bad for the people who did not bring the case,” a source closely following the suit said. “Paramount probably has real problems in court.”
Judge McCormick has not yet set a date for a new hearing, the court said Monday.
The biggest question for the judge, according to University of Pennsylvania Business Law School Professor Jill Fisch, is whether the largely unknown Project Rise Partners is a legitimate suitor.
“Our original offer had a letter from our bank Northern Trust verifying the financials,” Daphna Ziman, who is leading the Project Rise consortium, told The Post on Monday.
The Paramount Special Committee would not meet with the group, she said.
Project Rise Partners filed under seal with the judge how it has arranged the financing for what would be the $8.8 billion merger, said Ziman, who publicly has not revealed her backers.
The New York City pensions allege Skydance is buying media heiress Shari Redstone’s controlling stake in Paramount at a much higher premium than it is paying common stockholders and that common shareholders were left out of the process without a vote.
“Even more brazenly,” the suit alleges, “Skydance has agreed to pay for Redstone’s Central Park apartment and to pay for the lease for her private jet. Most egregiously, Skydance has agreed to indemnify Redstone for any breach of fiduciary duty claims arising out of the proposed merger, knowing full well that she would face massive personal liability for extracting so much value for herself.”
The plaintiffs said Monday they have a Paramount whistleblower who can speak about the sale process not being adequately open as Skydance — headed by David Ellison, the son of billionaire Oracle co-founder David Ellison — tries to close the deal, sources said.
The dispute is the latest wrench thrown into the merger, which has faced heat from the Trump administration, whose Federal Communications Commission is investigating allegations of political bias at CBS News over a “60 Minutes” interview with former Vice President Kamala Harris.
On Monday, Judge McCormick asked the parties when the FCC and its chairman, Brendan Carr, are expected to rule on the merger. Paramount believes the earliest the deal, signed in July 2024, could clear the FCC is March 18.
Charles Gasparino reported exclusively last week that the FCC’s decision could drag out until the summer.
Separately, President Trump has entered mediation talks with Paramount about settling his $20 billion suit alleging media bias during the election. The result of those mediation talks could impact the FCC, sources said.
“This could be the death by a thousand cuts,” the source closely following the situation said.
Private equity powerhouse Apollo Global Management, which had expressed interest last year in buying Paramount, is now no longer actively following the process, two sources close to the situation said, and it may be the only other logical suitor.
Edgar Bronfman Jr. was given the chance to bid last summer and withdrew his proposal. There is talk that he is still interested and may be seeking new backers, sources said.
The Special Committee, represented by law firm Cravath, Swaine & Moore, made the case that shareholders would be worse off if Skydance walked away since there is not a real alternative bidder, Ziman said.
Cravath did not return calls.
“I think the Judge is weighing how the offers impact the shareholders,” Ziman said. “who are the policemen, firemen and teachers who voted for President Trump.”
The plaintiffs are the New York City Fire, Police, Teachers and Board of Education pensions.
“Why would Trump [if he knew] want Larry Ellison to take money from the pockets of those hard-working shareholders?” she told The Post.
OPINION
Trump Knocks it Out of the Park in Speech Before Congress!
Dear friends,
I watched the entire, fantastic 100-minute speech Trump made before the joint session of Congress yesterday and indeed I was impressed by the truth and vision our President presented.
I was also amused by the sullen silence the Democrats portrayed, while holding their little signs in the air. One Senator was forcibly removed because of his poor etiquette.
When Trump listed the billions of dollars being wasted by the Democrats, including such things like millions for a Sesame Street program in Uganda or rubbers for Palestinians, etc., I thought these left-wing idiots were going to have silent heart attacks.
Folks, the Democrat Congress looked terrible, and the evaluation of Trump’s speech was overwhelmingly approved by 70% of the nation. The left is floundering with no plan and no leadership.
Frankly, I do not believe we will see a Democrat Leadership for years to come, as both Trump and Vance are resonating.
As Trump clearly stated, his administration has accomplished more in 43 days than Biden accomplished in 4 years.
As always, your comments are welcome and appreciated.
OPINION CNBC’s Andrew Ross Sorkin interviews Samafor’s Liz Hoffman About Companies Leaving Delaware
Dear Friends,
Yesterday I wrote about breaking news from Semafor’s Liz Hoffman about Walmart and other large companies telling Delaware legislators that they are considering exiting our great state to incorporate elsewhere.
It’s so alarming that CNBC’s Andrew Ross Sorkin interviewed Hoffman about it. Delaware is in real trouble folks. Listen to the YouTube clip of the CNBC interview: https://www.youtube.com/watch?v=jRWRqzbarSA
Are you worried? Please let me know.
Your feedback is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network Here’s Liz Hoffman’s original piece that led to her interview on CNBC:
Late last month, a small group of influential corporate attorneys told Delaware legislators that blue-chip companies including Walmart were considering moving their legal homes out of the state, people familiar with the matter said.
The message was a wake-up call for a state whose economy depends on corporate fees, and a sign that the revolt set off by Elon Musk — who moved Tesla from Delaware to Texas last year — could be spreading beyond MAGA-friendly tech CEOs.
Delaware has for decades had a monopoly on how America’s biggest companies are run. It is the legal home to two-thirds of US public companies, giving it outsize influence on everything from executive pay to takeovers.
That power has been under threat. Conservative ideology and a disdain for judges seen as activists has spurred Musk, Mark Zuckerberg, and others to move the companies they run to politically friendlier climes. Musk moved Tesla to Texas after the chief judge of Delaware’s special business court negated his $55 billion pay package for the second time, in a closely watched case that is now on appeal. Zuckerberg has considered moving Meta to Texas, The Wall Street Journal reported. His friend and fellow Meta board member, Drew Houston, reincorporated Dropbox in Nevada, where Bill Ackman, another MAGA convert, is planning to move his investment firm.
The seriousness of Arkansas-based Walmart’s threat — which was delivered to state legislators by a small group of corporate lawyers — remains unclear. But it was grave enough to spur the Delaware legislature to overhaul its corporate law, the people said. Changes proposed last month, which are now being fast-tracked through the legislature, would give controlling shareholders largely unchecked power and protection from shareholder lawsuits.
A Walmart spokesman declined to comment.
A quarter of Delaware’s state revenue comes from company fees, and millions flow indirectly from law firms and corporate services, which makes state officials sensitive to their complaints.
“What these companies want is for there to be no possibility for a shareholder or a court to review their conduct,” said Mark Richardson, who represents shareholders in lawsuits. “Catering to those extreme views to please a few corporations is a terrible mistake for Delaware that will destroy the franchise in the long run.”
Walmart isn’t a Silicon Valley giant, but it resembles Tesla, Meta, and other companies that have turned on Delaware in two key ways: It is controlled (by the Walton family) and it has paid hundreds of millions of dollars to settle or defend shareholder lawsuits there, including related to its alleged role in the opioid crisis and foreign bribery.
“It’s not simply controlled companies with rockstar CEOs” that are considering leaving, Democratic State Sen. Bryan Townsend, who sponsored the legislation, said in an interview. He declined to comment on conversations with specific companies but said he had heard complaints from “large, widely held public companies” and startups choosing where to set down roots — the next generation of Delaware’s corporate citizens.
Townsend compared the situation to a bank run: “The first few people who pull their money out might have really good reasons,” he said. “But once it becomes a group mentality, it’s not really about the first people anymore. It’s about what’s happening to the overall system.”
Two former top Delaware judges now in private practice at powerhouse corporate law firms conveyed business concerns to the state legislature and the governor, and had a heavy hand in drafting the bill over a weekend last month, people familiar with the matter said.
Musk, Zuckerberg, Ackman and other executives are MAGA-friendly, skeptical of coastal judges, and control their companies through super-voting stock or personal sway. Their huffy exit from Delaware could be easily dismissed as tech bros throwing tantrums.
But what started as a protest movement by politically motivated moguls could easily turn into a broader — I apologize — “Dexit.” Plenty of corporate executives think Delaware has tilted too far toward shareholder rights in recent years. As with other issues, Musk & Co. have tapped into and amplified existing grievances to satisfy personal agendas and force institutions to bend.
The consequences are still unclear — for both sides. Musk and others may not like recent case outcomes, but the Delaware Chancery Court has decades of precedent and sophisticated judges versed in business law. “Just wait until Elon Musk gets in front of a Texas jury,” Stuart Grant, a longtime plaintiffs’ lawyer in Delaware, told me.
OPINION
MAGA Offers Companies Cover to Flee Delaware, as Walmart and More Companies Consider Leaving America’s First State
Dear Friends,
Corporate giant Walmart and other large companies told Delaware legislators that they are considering leaving Delaware and incorporating elsewhere. This is a wake-up call to anyone not already alarmed.
Many companies have already left including Elon Musk’s Tesla, Tripadvisor, Dropbox and Transperfect. Meta is considering following Musk to Texas and other companies right out of America’s First State.
This feels like a crushing blow for Delaware, the legislators and the Chancery Court. Companies aren’t staying here to get treated badly, simply put folks, they are taking action and leaving. I’ve been writing about this “Dexit” from Delaware for many years and it feels like it’s snowballing. Read the pointed story by Liz Hoffman from Semafor below.
What do you think about this trend? Do you think our legislature can fix this? Is Delaware’s incorporation structure broken? I’d love to hear what you think about this very real problem for Delaware. Your feedback is always welcome and appreciated.
Late last month, a small group of influential corporate attorneys told Delaware legislators that blue-chip companies including Walmart were considering moving their legal homes out of the state, people familiar with the matter said.
The message was a wake-up call for a state whose economy depends on corporate fees, and a sign that the revolt set off by Elon Musk — who moved Tesla from Delaware to Texas last year — could be spreading beyond MAGA-friendly tech CEOs.
Delaware has for decades had a monopoly on how America’s biggest companies are run. It is the legal home to two-thirds of US public companies, giving it outsize influence on everything from executive pay to takeovers.
That power has been under threat. Conservative ideology and a disdain for judges seen as activists has spurred Musk, Mark Zuckerberg, and others to move the companies they run to politically friendlier climes. Musk moved Tesla to Texas after the chief judge of Delaware’s special business court negated his $55 billion pay package for the second time, in a closely watched case that is now on appeal. Zuckerberg has considered moving Meta to Texas, The Wall Street Journal reported. His friend and fellow Meta board member, Drew Houston, reincorporated Dropbox in Nevada, where Bill Ackman, another MAGA convert, is planning to move his investment firm.
The seriousness of Arkansas-based Walmart’s threat — which was delivered to state legislators by a small group of corporate lawyers — remains unclear. But it was grave enough to spur the Delaware legislature to overhaul its corporate law, the people said. Changes proposed last month, which are now being fast-tracked through the legislature, would give controlling shareholders largely unchecked power and protection from shareholder lawsuits.
A Walmart spokesman declined to comment.
A quarter of Delaware’s state revenue comes from company fees, and millions flow indirectly from law firms and corporate services, which makes state officials sensitive to their complaints.
“What these companies want is for there to be no possibility for a shareholder or a court to review their conduct,” said Mark Richardson, who represents shareholders in lawsuits. “Catering to those extreme views to please a few corporations is a terrible mistake for Delaware that will destroy the franchise in the long run.”
Walmart isn’t a Silicon Valley giant, but it resembles Tesla, Meta, and other companies that have turned on Delaware in two key ways: It is controlled (by the Walton family) and it has paid hundreds of millions of dollars to settle or defend shareholder lawsuits there, including related to its alleged role in the opioid crisis and foreign bribery.
“It’s not simply controlled companies with rockstar CEOs” that are considering leaving, Democratic State Sen. Bryan Townsend, who sponsored the legislation, said in an interview. He declined to comment on conversations with specific companies but said he had heard complaints from “large, widely held public companies” and startups choosing where to set down roots — the next generation of Delaware’s corporate citizens.
Townsend compared the situation to a bank run: “The first few people who pull their money out might have really good reasons,” he said. “But once it becomes a group mentality, it’s not really about the first people anymore. It’s about what’s happening to the overall system.”
Two former top Delaware judges now in private practice at powerhouse corporate law firms conveyed business concerns to the state legislature and the governor, and had a heavy hand in drafting the bill over a weekend last month, people familiar with the matter said.
Musk, Zuckerberg, Ackman and other executives are MAGA-friendly, skeptical of coastal judges, and control their companies through super-voting stock or personal sway. Their huffy exit from Delaware could be easily dismissed as tech bros throwing tantrums.
But what started as a protest movement by politically motivated moguls could easily turn into a broader — I apologize — “Dexit.” Plenty of corporate executives think Delaware has tilted too far toward shareholder rights in recent years. As with other issues, Musk & Co. have tapped into and amplified existing grievances to satisfy personal agendas and force institutions to bend.
The consequences are still unclear — for both sides. Musk and others may not like recent case outcomes, but the Delaware Chancery Court has decades of precedent and sophisticated judges versed in business law. “Just wait until Elon Musk gets in front of a Texas jury,” Stuart Grant, a longtime plaintiffs’ lawyer in Delaware, told me.
OPINION After Elon Musk Pay Package Denied by Chancery Court Judge Kathaleen McCormick, She Rules Tesla’s Incorporation Move From Delaware to Texas Legal Dear Friends, After Elon Musk’s $56 billion pay package was denied by Chancery Court Judge Kathaleen McCormick, she has now ruled that his company’s incorporation move From Delaware to Texas as legal.
Well, well, thank you ma’am for actually following the law of the Tripadvisor and Trade Desk cases — so nice of you to actually do something judge-like that is consistent with precedent. What a shocker!
McCormick has been the prime source in recent years of a series of poor rulings and what I see as mis-justice in the Chancery Court. Senate Bill 21 and public opinion appear to be nudging the court into a direction of actual corporate justice? In Tesla’s move to Texas, Musk’s company followed its charter and corporate law, McCormick ruled. See more in the story below. Stay tuned for more on McCormick and Chancery Court news right here on your Coastal Network. I’d love to hear your feedback on this, folks. As always, it’s welcome and appreciated. Respectfully Yours, JUDSON Bennett–Coastal Network
Tesla’s Reincorporation to Texas Was Legal, Delaware Judge Rules
Mike Leonard
Legal Reporter
Tesla Inc.’s move to Texas—executed after a Delaware judge struck down Elon Musk’s $56 billion pay package—complied with the company’s charter and corporate law, the same judge said in a ruling made public Tuesday.
Chancellor Kathaleen St. Jude McCormick declined to invalidate the reincorporation, saying the case involved the same issues resolved last year in a separate lawsuit that sought to block Trade Desk Inc.’s move to Nevada.
Both shareholder suits said the companies violated charter provisions requiring a two-thirds investor vote—Tesla’s shift to Texas got only 63% approval—for certain types of governance changes
McCormick rejected that argument for the same reasons cited by a different judge in the Trade Desk case last November: A reincorporation isn’t a charter amendment, even when it has the same practical effect
The chief judge of Delaware’s Chancery Court has fielded more than a year of online attacks from Musk and his devoted social media followers
The shareholder plaintiff is represented by McCollom D’Emilio Smith Uebler LLC. DLA Piper represents Tesla.
Trump Knocks it Out of the Park in Speech Before Congress!
Dear friends,
I watched the entire, fantastic 100-minute speech Trump made before the joint session of Congress yesterday and indeed I was impressed by the truth and vision our President presented.
I was also amused by the sullen silence the Democrats portrayed, while holding their little signs in the air. One Senator was forcibly removed because of his poor etiquette.
When Trump listed the billions of dollars being wasted by the Democrats, including such things like millions for a Sesame Street program in Uganda or rubbers for Palestinians, etc., I thought these left-wing idiots were going to have silent heart attacks.
Folks, the Democrat Congress looked terrible, and the evaluation of Trump’s speech was overwhelmingly approved by 70% of the nation. The left is floundering with no plan and no leadership.
Frankly, I do not believe we will see a Democrat Leadership for years to come, as both Trump and Vance are resonating.
As Trump clearly stated, his administration has accomplished more in 43 days than Biden accomplished in 4 years.
As always, your comments are welcome and appreciated.
OPINION “Sweeping Changes” to Delaware’s Corporate Law Coming Due to “‘Urgency of the Moment'”: Senate Bill 21 Debated in JD Supra Article
Dear Friends,
Folks, there are “sweeping changes” to Delaware’s corporate law coming that are due to the “‘urgency of the moment'”, as changes in Senate Bill 21 are detailed and debated in the JD Supra article below.
The article details the bill, including objections. In the end, what Delaware Senate Majority Leader Bryan Townsend says, explains why this bill is happening and necessary in America’s First State. There is “growing frustration out there in the marketplace as to what people believe to be a departure in predictability’ in Delaware’s courts.” Our corporation dominance has been shaken and potentially lost as I see it, folks. Alarm bells are ringing throughout Delaware as SB21 tries to repair the damage done by Andre Bouchard, Leo Strine and current Chancery Court Chancellor Kathaleen McCormick. Companies have left and as more consider leaving Delaware, this legislation is necessary in my view. Read the JD Supra article below, folks, and tell me whether you agree or disagree that Townsend’s Senate Bill 21 is what’s needed for Delaware. I always welcome and appreciate your feedback. Respectfully Yours, JUDSON Bennett–Coastal Network
Sponsor of SB 21, controversial Delaware bill to amend corporate law, speaks out
In an exclusive interview with Law360, the Delaware legislator who was the primary sponsor of the proposed amendments to the Delaware General Corporation Law that have fueled so much debate recently discusses the thinking behind the proposed legislation. As discussed in this PubCo post, in response to much chatter and speculation about companies changing their states of incorporation from Delaware to other states—in other words, concerns about Delaware’s valuable corporate franchise—the Delaware legislature introduced a bill that, if adopted, would effect “sweeping changes” to Delaware’s corporate law. The bill would offer a process for boards to invoke safe harbor protection from litigation over potentially conflicted transactions for directors and controlling stockholders. The bill would also address Delaware’s provisions related to books and records. The impact could be fundamental. But there has been substantial pushback—some of which is quoted in the referenced post—from critics of the bill. In the Law360 interview, Delaware Senate Majority Leader Bryan Townsend defends the bill, citing the “‘urgency of the moment.’” In his analysis, “‘[w]hat seems to be happening here is growing frustration out there in the marketplace as to what people believe to be a departure in predictability’ in Delaware’s courts, ‘at a time when other states are standing up alternative frameworks that people are seriously considering.’” Check out the article!
As the article observes, the bill, SB21, emerged in the context of debate over “recent large or record stockholder attorney fees awards and breach of fiduciary duty findings,” as well as “contested rulings in cases involving the overshadowing of common stockholder interests by those of controlling investors.” The article also noted “increasing stockholder litigation challenging director independence and conflicts and rulings assigning controlling stockholder status at lower levels of stock ownership—triggering potential heightened court scrutiny.” Another issue identified in the article was “increasing stockholder suits for corporate books and records ahead of any litigation.”
SideBar
One example of recent control stockholder litigation was the Maffei v. Palkon decision regarding TripAdvisor, in which the Chancery Court had decided that, in a reincorporation involving a controlling stockholder that potentially received a financial or other benefit not shared with the corporation’s stockholders generally, the entire fairness standard applied. That decision was ultimately overturned by the Delaware Supreme Court, which held that, where the non-ratable benefit from the reincorporation was not material and the decision to reincorporate was made on a “clear day” (i.e., there was no pending or threatened litigation), the business judgment rule applied. (See this PubCo post and Cooley Alert.)
According to Townsend, “‘[f]or whatever reason, there was a critical mass of developments that caused Delaware companies to be very much willing to look elsewhere.’” As he explained in the interview, initially, the legislators hadn’t attributed much significance to the early announcements of potential charter moves—and the number of reincorporations has still not amounted to a surge—but some discussions in late January and early February led them to take a deeper dive and “‘reach out to a broad swath of stakeholders,’ some of whom ‘had frustrations, who weren’t necessarily telling us in recent months and years’ about their concerns. ‘There had not been a critical mass of input to indicate we might have a more serious problem.’” He was pleased to hear, however, when they did canvas the market in February, “‘that people aren’t asking us to abandon fundamental principals and engage in the race to the bottom.’” Townsend pointed out that, although the legislation was crafted by a working group, the corporation law council of the state bar “‘has played and will continue to play a critical role in the evolution of our law.’”
At this point, he said, they wanted “‘to assure people that Delaware law will remain balanced and predictable.’” He characterized the bill as “‘not a departure from fundamental Delaware legal procedures….This is not the first, and it won’t be the last time sensitive issues unfold with regard to Delaware corporation laws.’”
SideBar
Maybe you recall or read about the events leading to the adoption in the mid-1980s of Delaware Section 102(b)(7), which permitted corporations to adopt an amendment to their Certificates of Incorporation to eliminate the personal liability of directors for monetary damages for breach of the duty of care? That provision, also controversial, was adopted in response to a Delaware Supreme Court decision, Smith v. Van Gorkum, which had allowed the imposition of liability on directors of a public board for their conduct in connection with a takeover. Take a look at this fascinating interview transcript from the University of Pennsylvania with a then-member of the corporation law counsel, Stephen Lamb (eventually Vice Chancellor Stephen Lamb of the Delaware Chancery Court) regarding the evolution and adoption of 102(b)(7). The interview describes the new law as fueled by exposure to the imposition of substantial (for that time) liability in Van Gorkum, together with the D&O insurance crisis and a push at the federal and state levels for more independent directors. According to Lamb, at the time, some directors were resigning from corporate boards, and it was a challenge to “get an outsider to come in and expose his or her net worth to liabilities or rising amount of activity. And so when there’s this pressure to get more independents on the board, the idea that you’re going to get more of them to serve, have what you think is a better boards process and then expose them all to basically unlimited liability, there’s some tension.” He recalled that “it was very hard to give someone unbiased advice if it’s a good idea” to serve on a corporate board. He also recalled that the provision was structured the way it was, i.e., not a direct limitation on financial liability of directors for violation of the duty of care, but rather the reverse—elimination of monetary liability for breach of fiduciary duty other than various enumerated duties and provisions such as loyalty and good faith—“because of the sensitivity of members of the council to be appearing to reverse, even this indirectly, the Van Gorkom decision.”
For example, in the interview, Townsend pointed out that, although Nevada—one of the potential competitor states—permits “‘exculpation of loyalty claims[,] that would run counter to Delaware law….That’s not on the table’” in the Legislature. In his view, a balanced system is necessary, and they wanted to ensure that all sides of the debate see that they are committed to maintaining that balance: “‘We don’t want to abandon the absolute commitment to the duty of loyalty for ‘C’ corporations.’ Balance also is important in working out how corporations prove fulfillment of the duty of loyalty, Townsend said.”
With regard to stockholder litigation, Townsend indicated to the author of the article that they were committed to ensuring that there remained “‘proper incentives for plaintiffs firms to bring meritorious cases,’” and “‘proper incentives to find a resolution of the case.’” Commenting on the complaints about “mega fee awards” that are calculated as a percentage of “mega recoveries,” he observed that that money was “‘not going back to the stockholders.’” Although he viewed incentives to be important, he also recognized that some of the fee multipliers went “‘beyond the reasonableness that provides the proper incentive’ for class litigation pursuits. ‘It’s an understandable point of frustration if you don’t have certain guardrails in place to ensure the focus is on recovery for stockholders.’”
As to the dialogue between the judiciary and the legislature that this proposed legislation brings to the fore, Townsend told the author that “there always has been a ‘back and forth’ in caselaw and marketplace developments. However, he said, ‘I don’t think we’ve ever had it occur simultaneously with other states being viewed as legitimate alternatives.’” In the quest for “‘that eternal balance between legislative and judicial roles,’” he said, “[j]udges ‘are there to address the individual trees in front of them, and they can bear the broader forest in mind, but they have to address the individual trees [and cases] in front of them. They render judicial decisions that add up to a forest’ upon which the Legislature is more in a position to opine.”
In case you are in Wilmington, Delaware today, from noon to 3:02pm, stop by the Community Resource Fair at the Eastside Charter School in Wilmington, Delaware. The address is 3000 N. Claymont St.
While I’m a staunch Republican and not a fan of the Democratic party in any way, I do like what newly elected Governor Matt Meyer is doing in America’s First State. He’s certainly more vibible than his predecessor John Carney, who was much less visible and active during his tenure.
Let me know your thoughts and feedback on this, folks. They are always welcome and appreciated.
Delaware and Matt Meyer are hosting the inaugural 302 Day today. It’s a Community Resource Fair at the Eastside Charter School in Wilmington, Delaware at 3000 N. Claymont St., from noon to 3:02pm Delaware time, today, folks.
OPINION
Dear Friends,
Like many important politicians on both sides of the Isle, nobody respected and admired President Zelenskyy of Ukraine more than I. Regardless, of the 3.5 plus billion dollars we taxpayers have given Ukraine to fight the Russian invasion, I believed it was necessary to prevent further aggression by Putin. Indeed, Zelenskyy as Ukraine’s defiant leader captured the hearts of most of the free world.
Unfortunately, when a potential peace deal was offered by President Trump based on the reasonable condition that the Ukraine would allow the US to mine some of its important minerals, Zelenskyy lost much support, after going back on his pre-arraigned agreement to sign the agreement and publicly insulting President Trump in the Oval office while the public was watching. Trump, rightfully told him to get out and come back when he was ready for peace.
It is now apparent to me and most folks that Zelenskyy is nothing more than a phony politician who has become so arrogant that he thought he could dictate terms to our President. He has jeopardized future help from the US, and showed his true colors to the detriment of the Ukrainian people.
Zelenskyy should resign or come back to Trump on his knees. We can’t continue to dump billions of dollars of our money into Ukraine, when people here can’t afford to buy eggs. We also can’t do business with an arrogant fool who thinks we owe him !
So be it—Your thoughts are welcome and appreciated.
Delaware Senator Bryan Townsend Tells Delaware Call That Some Legislators in “Full-blown Panic Mode” As Companies Leave Delaware
Dear Friends,
Good to see that Delaware Senator Bryan Townsend admits that some legislators are in “full-blown panic mode over announcements by a handful of companies, including Meta and Dropbox, that plan to reincorporate in other states.” I say emphatically, what took so long?! I’ve been saying exactly this to my legislative friends for years that they should be taking this issue more seriously for the past 8 years.
Senator Townsend, talking about Senate Bill 21, also points out that even if companies “don’t leave in 2025, the fact they might include it as a topic in their 2025 annual meeting for 2026 action is a problem.” He goes on to detail the economic impact of these company exits in the story below.
Please read the Delaware Call story below, folks, and share your thoughts on this problem. Your feedback is always welcome and appreciated.
In an exclusive interview with Delaware Call, Sen. Bryan Townsend reveals that some legislators are in full-blown panic mode over announcements by a handful of companies, including Meta and Dropbox, that plan to reincorporate in other states. In this interview, Townsend claims that Delaware corporate law worked fine “just a few short years ago,” but recent court decisions have thrown the law into disarray. According to Townsend, “It’s not really workable anymore.” Read the full interview below.
Jordan Howell: I’ll just get right to it then, because this is not business as usual. This is a departure from what has been the process for many years, and a lot of people are concerned, in part because this amendment could involve Elon Musk. So what assurances can you give Delawareans that this is a thoughtful process, and that we’re not just caving to Elon Musk because he got mad at us?
Bryan Townsend: When Elon Musk announced his departure [from Delaware] in 2023 or 2024 — I don’t remember the exact date — but whenever it was I can tell you not a single legislator I know was concerned about it. We rely on input and advice that relates to a far broader swath of experiences and concerns from Delaware corporations and stockholders. So this wasn’t at all about Elon Musk. The legislation is not retroactive. His specifics have not come up at all in the in the discussions regarding what’s going on, and it was sparked by, in late January and early February, an unpreceded series of announcements — both unprecedented in the moment, certainly as a legislator I’d say it felt unprecedented, and I think it was — but even more troubling was not just those announcements but then the input we were getting as we then reached out deeper and broader to try and figure out what was going on. And it seems an unprecedented amount of discontent had been building for a while, but sort of came to a head. Partly I think it’s because of the rise of apparent alternatives in Texas and Nevada, and people seem willing to explore that. So it kind of makes sense, in a way, that it’s not what we normally would have heard because normally there wouldn’t have been an alternative. But it all kind of came to a head, and so we are grappling very quickly to try and understand the various natures of the concerns, and the possible solutions to them. The word “Elon Musk” has never come up positively, or evenly at all — but especially not positively — in the conversations the past two-plus weeks about what is going on here and the reason for the frustration.
JH: You say that SB21 is not retroactive, and it won’t affect Musk, but there’s nothing in the bill explicitly about that — there’s no effective date. And one of Elon musk’s own lawyers on LinkedIn said the way this law is written would apply to Elon Musk’s appeal, which as you know is still pending before the Delaware Supreme Court. And so even if Elon Musk wasn’t involved, one of his own lawyers seems to think this would apply to him, and the Delaware Supreme Court could possibly rule in his favor and reverse his pay package. Have you thought about that? Or did that come up at all in discussions of this bill?
BT: No. When bills don’t have effective dates listed in them, which is quite common for them not to, they then are by default effective only upon the signature of the governor — so it goes into effect the minute the governor signs it. Legislation is essentially never retroactive. I think on any topic, retroactive legislation faces an exceptionally high constitutional bar as to why you would make a law apply retroactively — not just corporate law, but I think literally just about anything. But it’s certainly corporate law. Every year, we make it very clear this is not retroactive. I don’t believe at all that this affects any litigation, appeal (or otherwise) that Elon Musk or any entity he has is related to.
JH: Even if it doesn’t affect pending litigation, many respected law professors have spoken out against this bill in just the past day: Eric Talley from Columbia, Sarath Sanga from Yale (who I’ve interviewed before), and Gabriel Rauterberger from Michigan, have said: “This is the most significant single-year revision of Delaware’s corporate code since at least 1967, reshaping everything from how controlling stockholders negotiate major transactions to the mechanics of derivative litigation. And Ann Lipton at Tulane said: “Delaware proposes a package of statutory changes that undo certainly the last 10 years of Delaware jurisprudence – if not the last 50 — in favor of a model of corporate self-policing.” I think some of this comes down to a lot of the new liability exemptions in this bill that, apparently, seem to model Nevada law. Basically this bill will allow corporate officers to escape personal liability for decisions they make that may not be in the best interest of the company or stockholders. This seems to be an emerging, consistent complaint about this bill. What do you say to that? That this bill is allowing corporations to basically police themselves.
BT: I respect law professors, generally speaking. If what you have attributed is exact, I respectfully say they have not characterized this accurately — or you have not characterized them accurately, perhaps. A few things, first of all — this does not eliminate fiduciary duty whatsoever for officers and directors — I think what you’re referring to is the provision that relates to eliminating fiduciary duties for controlling stockholders in their role as controlling stockholder only, and that’s only for the duty of care. This does not at all modify duty of loyalty for controlling stockholders, and it doesn’t modify fiduciary duties. More broadly than that, the reason for that provision was a case in early 2024 — I think it was in R Sears — where for the first time the concept was floating that fiduciary control stockholders might have the fiduciary duty of care might not be able to be exculpated for that — and that was that was like a surprise. That was just not how Delaware law has been, and it doesn’t really make sense, frankly, because directors and officers are allowed to be exculpated for breaches of the fiduciary duty of care under Section 102b7 of the [Delaware General Corporation Law]. It doesn’t make sense that you could have the top decision makers — managers and officers and directors — be allowed to be exculpated for breaches of duty of care, which is an absolutely unobjectionable Delaware principle. If you’d allow them to be exculpated, but you wouldn’t allow controlling stockholders to be exculpated — it was just very odd. It was a very odd theoretical type of framing, and so that kind of surprised people. I don’t think it means anything in terms of the actual way the case law is played out, but part of the cleanup that we’re trying to do here is to make clear how Delaware law should read in the wake of recent case law.That doesn’t make any sense for controlling stock owners to be personally liable for breaches of the duty of care, but it also doesn’t make sense to exculpate them in the code because the exculpation provision of the DGCL is in a director’s and officer section of the code. So it just sort of makes sense to say: Yeah, controlling stockholders don’t have duties of care as controlling stockholders. If a controlling stockholder happens to be also a director or an officer, they have a duty of care, but they don’t have it as a controlling stock owner, they have it as a director or an officer, and as a director or officer they can be exculpated for duty of care. So that’s all, like, bread-and-butter Delaware law. It might read in a way where it’s like: “Whoa! What are they doing?” That is all bread-and-butter Delaware law, and this wouldn’t be the first time that a law professor — I know many of them and I went to school with plenty of them — might not actually practice and, quite frankly, understand Delaware corporate law. They read the words in the page on the legislation but do not actually understand how it plays out in practice. So this is actually a very standard type of provision that’s not actually eliminating fiduciary duties that frankly existed at any time in Delaware history, until like early 2024 — kind of random mention in an opinion that sort of surprised everybody. To be very clear — more to the point — this legislation does not at all limit or eliminate fiduciary duty of loyalty, which is the absolute — that is the core. You cannot be disloyal to stockholders. You cannot waive it. If you want to waive those duties you have to form an LLC and have a complete contractual agreement. Delaware corporate law does not allow waiver of duty of loyalty, and this legislation does nothing to weaken that fundamental principle.
JH: You said you spoke with many stakeholders about this. How many corporations are leaving Delaware? Because reincorporating out-of-state can be a complicated process, and as one public interest lawyer explained it: “There’s a difference between widely held public companies that don’t have a charismatic controlling stockholder like Elon Musk which is 99% of companies, and which can’t leave because their investors will vote against the move, and the 1% controlled by companies with super superstar CEOs who can manage to make this work. Some of the criticism out there is that the vast majority of Delaware companies were never going to leave the state anyway, and that this is basically to appease certain people, or at least to try and diminish or put out some of the flames online about companies leaving Delaware just because it’s bad press. So how many corporations are leaving? What is the economic impact if we do nothing?
BT: I really don’t want to try to disagree with you Jordan, but I kindly ask that you don’t — I don’t think that Elon Musk is charismatic. But aside from that point, what I will say is that as the announcements began on Jan. 31 and Feb. 1, the initial reaction was: Are these a few controlled type companies and it’s sort of venting the pressure that we knew was building on controlled issues? Because for years, if you’re a controller, maybe you don’t want to be in Delaware, and maybe you really want to have your way with things, then go to like Texas or Nevada — I mean especially Nevada, like, fine. And so initially those first few hours we were like, Okay what’s really the context here? But we began reaching out broadly — and this it took a few days to confirm — but it clearly relates to traditional, widely held public companies as well. It’s not just the controller context. It’s more broad than that. It’s a variety of other things. That’s why Books and Records are part of this — there’s been building frustration with that over the years. We’re looking at the fees, which is not a legislative proposal now, but we want to have it studied quickly. Even that widely held public companies were saying they were considering leaving [Delaware]. We’re very mindful of the IPO pipeline, and that there’s talk of people switching their plans to incorporate from Delaware to other jurisdictions. IPO season is coming up — annual meetings — and there are companies that are considering their options, and even announcing that they might be looking to leave. And even if they don’t leave in 2025, the fact they might include it as a topic in their 2025 annual meeting for 2026 action is a problem. You asked about economic impact: Every major company that leaves here is $250,000 out of the state’s annual budget, so that’s tremendous. You can’t look at this whole number of entities in Delaware because that includes a lot of LLCs, which are $350 annually to the state, versus $250,000, which at some point is a capital increase for these major companies. So it’s a very, very serious issue. The net we cast very quickly identified that there is a lot of concern and discontent more broadly than just the rockstar CEO context, or the controlled companies context. So we’re hopeful of this proposal, which fundamentally, per the professors, Jordan — It’s not like a reshaping of Delaware law. This stuff was all pretty much bread-and-butter. It is certainly — the way they characterize the idea of the code — yes, as a matter of the code it is not typical to have this in the code. So yes, by that definition it is a significant reshaping of the code, but that’s very different from a reshaping of Delaware law. These are all principles that have been in place for a long time. If conflicted people are making decisions, they are not going to get deference from the court unless they put the decision-making in the hands of independent parties, like directors or disinterested stockholders. And there’s always been this concept of how many guardrails you have to put up for a transaction in order to get deference from the court. So this stuff has always been there. It’s only been the past two, three years where there’s been this building pressure to say, “Wait a second. We’re kind of departing from fundamental Delaware law here, and it’s not really workable anymore.” So that’s where I think it is. I think it’s that combination of incremental departures, plus the rise of Texas and Nevada as viable alternatives to some people, that sort of led to like a run on the bank, so to speak. That’s how someone described it the other day to me, and I said, “Yeah, that’s kind of what it feels like.” It’s like, people are sort of all announcing they’re going to leave, or think about leaving, and if they were saying that and they were asking us to, like, relax the duty of loyalty, we’d respectfully say, “No, thank you.” Right, like, that’s just a fundamental principle that we have to have in place. But when it’s more like, “Yeah, wait a minute — Delaware law was working great, and we feel that these changes have put us back to where it was just a few short years ago.” We talked about it, we’re looking at it, and that sounds right that seems to ring true with most companies. So if you don’t want that, if you want Texas and Nevada, then see you later. But if that’s what you’re asking for, is that certainty, that seems very reasonable to us.
JH: You mentioned the courts, and you mentioned certainty, and the courts have always been part of that certainty of incorporating in Delaware. We got the Chancery Court, it’s like the express lane for businesses to very quickly and efficiently resolve cases, and the rulings are widely respected and followed, and the case law of Delaware has — from what I’ve heard — become a model for other states. But we’ve been seeing in recent years — I think three years in a row now — is the General Assembly introducing bills that are directly responding to unpopular cases that were just resolved, or cases that were resolved before Chancery but are still pending before the Delaware Supreme Court. Last year Moelis, and I know this year the Delaware Supreme Court just ruled on Trip Advisor leaving Delaware, and they’re leaving because Nevada offers more liability shields than Delaware does. Is it dangerous to be undermining the judiciary in this way every single year? Basically saying that if they don’t get the decisions right for the right plaintiffs, or the right defendants, then we’re just going to change the law in order to placate whoever the preferred person is in that transaction? This is like the third year in a row now where the general assembly seems to be directly contradicting rulings from our business and Supreme Court. Why should investors think of it as one of those reasons to come to Delaware if an angry stockholder can influence a political debate here and just get the law changed and then the judges have to rule on the new law? How is that certainty?
BT: This isn’t a matter of angry stockholders influencing a political debate. First of all, you said three years. I don’t recall two years ago, but last year, it wasn’t that we were overruling their decision. They literally in the [Moelis] decision that we are interpreting this as a matter of statutory law, and we know this is going to come as a surprise to people. If the legislature wants to act, then it should act. Then we acted! And certainly, there was a surprise that two of the judges then weighed in — frankly it was a departure from their own opinion, frankly to do that, and it was not a comfortable situation, and it really shouldn’t have happened that way. But this isn’t a matter of trying to overrule courts. This is a combination of a few different things that have happened over the course of a few years that have resulted in building pressure in the system that is being vented in a way that’s resulting in departures, or very seriously considered departures, from Delaware. And fundamentally our reputation is what we want, which is consistency and predictability in our law. So this is not limited to one or two stockholders, and it’s not being driven, at all, by any individual stockholders in that kind of way. I also think that it’s very important — yes the court continues to be that exceptionally important part of this process, where you can have professional, quick resolutions to business disputes. That is critical. And these judges and their staff work tremendously hard to do that, and they should be heralded and they’re key to our success. But when you are a judge addressing the case — the facts before you — and trying to do your best to harmonize those facts with existing law, you’re sort of calling balls and strikes like as as you see them right then and there. That’s a very different policymaking process than those in the legislature, who should not be involved in the court cases calling balls and strikes, but should be trying to figure out what it all means then for the broader perception of how it fits together. That’s what our job is, and the reality of that is, over the course of of time, and not that many years, a relatively few short years, there’s been this sort of incremental change in Delaware Law that surprised people to the point where it’s a big problem now with their frustrations of predictability and certainty as to a few specific issues. So that’s what we’re trying to address with the legislation. We’re taking the common law that judges have developed very thoughtfully over a course of time, and codifying what until very recent years was sort of a very straightforward balanced approach, and we’re having a conversation about it now. And if there are changes to the legislation we want to hear that, but we think that it largely gets it right, and we’ll see what people say. And we just happen to do so at a time where for whatever combination of reasons, and we talked about them a little bit, there was this sort of sudden flurry that led to a snowball, that we really feel is rolling downhill in a direction, and we’ve got to put a stop to it, for the sake of the franchise, for our economy, for our community, and that’s where that is. So it’s not the kind of motivation that you had talked about. The judges need to keep calling balls and Strikes and the legislators need to understand how it’s all adding up.
JH: Do you still then have faith in Chancellor McCormick and Vice Chancellor Laster? Because those are the two who did weigh in last year, as you just mentioned.
BT: Look reading any opinion from Vice Chancellor Laster, you feel you’re getting schooled in a good way. It’s like a law review article and just such depth and breadth of addressing issues, no doubt. Chancellor McCormick is navigating leadership of a court, at a time of unprecedented criticism of it, and I completely admire that. It doesn’t mean that we should not be listening to what the broader set of stakeholders is saying about the direction of the law in totality, right? This isn’t about individual cases. Again, as I said earlier, it was surprising to take their words at face value in the opinions, when they said this could be addressed through statute if people feel that they’re getting it wrong. But they said as a matter of statutory interpretation, this is how we have to rule. I agree with that. I think they got the opinions right. I absolutely think they got the opinions right. But they themselves were indicating that we gotta change the statute then if this is not what really works in the market. So we went and changed it through statute, and I think that we kind of — there was that moment in 2024 where perhaps people didn’t appreciate the differences between what the judicial branch should be doing and the legislative branch should be doing, but I would like to think we got through that. And now sort of unexpectedly early in 2025, there’s just sort of this evidencing of this building pressure that we really can’t take for granted. We can’t just assume it’ll go away. Believe me, Jordan, in the initial hours after some of the announcements I thought, “Oh, okay, Elon Musk had done it a while ago — whatever — don’t let the door hit you on the butt on the way out. But when Zuckerberg announced, and then Dropbox, and then — I can’t remember exactly what order it was — but this a sudden flurry. What is this? Is this sort of just a follow Elon down the road type moment? Or is it more than that? And Jordan, over the past two and a half weeks, it’s very clearly far more than that. Whether it’s because of specific issues, like we think we are addressing through this legislation, or whether it’s also partly just sort of groupthink and reputational, and now people in certain spaces or industries saying: “Oh, I’ve heard Delaware’s not the place to go. Let me just go somewhere else.” I want to say it doesn’t really matter to the cause, although it obviously does matter because you got to address the underlying issues, but either way it’s tremendously challenging for Delaware at this moment. So this is not about any judicial decision, or certainly not critical of anybody. It’s fundamentally saying we’ve got to make sure that ultimately the legislature and the governor, as policy makers in that broader sense, are engaged on this and are updating our law, in this case just turning it back just to the recent years where the balance had been one that seemed to work for everybody. We’ve got to make sure that that’s where we’re at.
JH: You said the words “market practice” and that just brought me back to last year, and a lot of the criticisms of the bill from last year were that we were responding to market practice rather than writing laws that were just good laws that took everyone and everything into account. Because if we are always reacting to market practice then do we really have laws? If we’re constantly changing them to adapt to market practice, or if the CEOs of powerful companies keep threatening us — threatening to leave — that seems at best like pandering, or at worst like we’re being held hostage.
BT: I think that that would not be an acceptable situation for the Delaware General Assembly to act on — and I really can’t imagine legislators acting on it — we’re talking about market practice not as sort of inventive or characterized by somebody who suddenly has a desire to do something. Like if Elon Musk had said: “Hey, Delaware, if you don’t let me do whatever I want, conflicts be damned, I’m leaving.” We would say, “Okay, see you.” The market practice we were talking about with regard to Moelis was 17 years in the making, I think. It was widespread, many years in the making, and frankly to the point people. . .
JH: The stockholder agreements, yeah. They’d been doing them for over — for almost two decades.
BT: Yeah so it’s kind of like, wow, no one ever, I guess, no one ever really challenged that to realize that the code technically might not allow that. Jeez, okay! We’ll see where this goes. Right? And again, that’s why I didn’t fault Vice Chancellor Laster for saying that’s not technically allowed, and if you want that, then the legislature’s got to act. So it’s like: Okay, it makes sense, like we’ll act right? And so I hear your point, but I guess I’d say that’s not the situation we’re in this year. It’s not the situation we were in last year. This is not responding to or caving to anyone who suddenly wants to say: I want something new here. It’s, ironically, as someone says: “Wait a minute, we thought we knew what was here — stockholders liked it, managers and directors liked it. But now we don’t have that, and we’re very confused about what that means, both because it’s not really workable for us anymore at all, and we have no idea what else we’re going to think we have that we suddenly lose.” So it’s just again — I don’t fault a judge for saying: “Look, the legislature didn’t really update this over the years. They should have, and I as a judge can’t sit here and allow this to continue when the code says otherwise.” I respect that. I respect the hell out of that. But then, it’s like they said in the footnotes, and in the text, the legislature needs to go ahead and fix this. And so we tried to, and then we had the kink in the system. But I think again, fundamentally,, the judges are calling the balls and the strikes in the moment on the cases as they see them, they have a key role in developing the common law, and SB21 represents decades of development of common law that had been really agreed upon, and a nice balance had been struck that works for both stockholders and directors and officers. And we need to basically honor that and understand that there are people saying, “Wait a minute, what happened to that?” In a sudden two or three year time span and we need to get back to that, at a time when that’s all they’re asking for. They’re not saying they want us to relax the duty of loyalty. I can’t even begin to imagine. We wouldn’t entertain the conversation.
JH: You just mentioned the governor. I was messaging with him last night, and he said he has not yet taken a position on this bill, but you said you worked closely with him on it. How are Delawareans supposed to square that apparent contradiction?
BT: I guess what I say about it is, I think the governor — I can’t speak for him — but what I assume he means is we certainly welcome the input of council and others on this proposal, which was developed very quickly given the historic circumstances. He was part of the initial meetings to kick it off. His secretary of state was heavily involved in conversations for the past two and a half weeks. Multiple stakeholder conversations. And so their office was fully involved, and they gave a positive statement in the press release of the legislation.
JH: Yeah, I saw that.
BT: So yeah. So the point is that he wants to kind of wait until it’s clear exactly what version is being voted on in the Senate or the House and comes to his desk. And I understand that. But fundamentally, they were all, from the very get-go, a part of convening the meeting after the flurry of announcements in late January. And so I guess what he means is that he anticipates that the [Corporation Law Council] will weigh in, and that’s sort of what he’s looking for. And I appreciate that. It’s legislators names that are on legislation. So our names are on it, but that doesn’t mean that he wasn’t central to the development of legislation.
JH: Senator, thank you for being so gracious with your time tonight.
OPINION
Delaware Chancery Court Move in Right Direction As Trade Desk CEO Pay Package Lawsuit Dismissed
Dear Friends,
In news that shows that things are starting to move in the right direction, folks, Delaware’s Chancery Court dismissed a shareholder lawsuit that challenged The Trade Desk CEO Jeff Green’s $5.2 billion pay package.
In the verdict, the shareholder lawsuit against the CEO pay package was dismissed. The ruling was issued by Vice Chancellor Paul A. Fioravanti, Jr. This is a step in the right direction for what is justice and correct in Delaware’s equity court.
It took years of legal fees and fighting, for a pay package approved in 2021, but alas we have justice. We can only hope for more of this as newly-elected Delaware Governor Matt Meyer appears to understand the situation and what needs to be addressed. He is poised to address Chancery Court problems, which I will write more about.
See the Delaware Town Square story below for more information. Please send your feedback on this, folks, it is always welcome and appreciated.
Delaware Court Dismisses Lawsuit Over Trade Desk CEO’s $5 Billion
By Claudia Estrada
WILMINGTON – In a significant legal victory for The Trade Desk, Delaware’s Chancery Court has dismissed shareholder claims challenging CEO Jeff Green’s multibillion-dollar compensation package.
The Trade Desk is a technology company that deals with digital advertising, with a net worth of $3.9 billion.
The ruling, issued by Vice Chancellor Paul A. Fioravanti, Jr., highlights procedural insufficiencies in the plaintiffs’ case, reaffirming the company’s handling of executive pay.
The lawsuit, led by investor Leroy Huizenga, alleged that Green’s compensation package—potentially worth up to $5.2 billion—was approved without a proper stockholder vote. The plaintiff argued that the company’s board allowed Green to dictate his own pay.
However, the court ruled that shareholders failed to meet a key legal requirement. Making a pre-suit demand that the company’s board take action. Without this step, the lawsuit lacked standing, leading to its dismissal.
At the center of the case was an equity-based compensation plan approved in October 2021. Initially valued at $819 million, but could grow into $5.2 billion. Shareholders contended that five of the seven voting directors were too conflicted to approve the deal.
Despite these concerns, Fioravanti determined the claims were insufficient, specifically when compared to the recent Delaware court ruling that invalidated Tesla CEO Elon Musk’s $56 billion pay package. Unlike that case, the court found no compelling evidence of bad faith or clear breaches of fiduciary duty by The Trade Desk’s board.
The board had eight directors at the time of the lawsuit, meaning plaintiffs had to show that at least four of them were unable to fairly evaluate a lawsuit against Green. The court reviewed each director’s independence and found that plaintiffs failed to prove that a majority of the board was conflicted.
The court granted the defendants’ motion to dismiss the case in full.
OPINION Feedback on My Recent Column: Chancery Court Drives Away Elon Musk and Phil Shawe From Delaware
Dear Friends,
My column about the Chancery Court driving away Elon Musk and Phil Shawe from Delaware brought in quite a bit of feedback from you, folks. Thank you for sharing your thoughts. Here are the top 5, which I think duly represents your thoughts across the board, folks:
“Who could blame these companies from leaving Delaware after the way the Chancery Court has treated companies in recent years. Hopefully now they’ll stop leaving.” -Betsy R.
“Judson, you do a good job portraying how this awful court has treated companies and their shareholders. They may as well be dealing with the mob. Elon Musk has met his match.” -Jonathan N.
“I don’t know why this nonsense continues to get such attention. It’s silly court news. I find it to be a snooze, Judson. Keep the Trump news coming. Go Trump! Go Elon Musk!” – Patrick L.
“If men this powerful can’t stop this court from dominating the way things are done, no one can. This court and Kathaleen McCormick is here to run them all over. Let’s see if Meyer can stop this.” – Susan P.
“Hopefully this Senate Bill and the new Governor will put a stop to the abusive court behavior. I can’t see how it doesn’t help.” – Joe V.
I’ll keep up the coverage on Senate Bill 21 and Governor Matthew Meyer. And Donald Trump too! Good to see that change is afoot, folks.
Keep your feedback coming. This is BIG news for Delaware!
Big news in Delaware folks. Legislators have introduced potential corporate law changes to help keep companies incorporated in America’s First State to stay here, and not flee to other states, as many have.
Senate Bill 21 has been proposed to stem the tide of companies like TripAdvisor and TransPerfect, which have left our state due to unfair treatment from our once-esteemed Chancery Court.
“We understand there are threats to Delaware (incorporation) supremacy,” newly-elected Delaware Governor Matthew Meyer told CNBC-TV in an interview last week. “If companies have already left, we’re gonna work to win them back.”
The bill would “bring ‘clarity and balance’ back to Delaware corporate laws after a flurry of high-profile companies have either exited the First State or are threatening to do so,” the Delaware Public Media story below says. Indeed, folks. I couldn’t have said that better myself. I have said it in this space over and over and over in recent years.
In my view it doesn’t go far enough. Indeed, folks, if this law was truly written by Richards, Layton & Finger, that’s most ironic because they are among the insiders who are the reason reform is needed.
Senate Majority Leader Bryan Townsend — a Democrat from Newark and a career attorney who handles Delaware corporate litigation — told Sarah Petrowich of Delaware Public Media that “recent court decisions have effectively muddied some key aspects of Delaware’s legal franchise.”
Townsend aims to bring back “predictability” to our Chancery Court.
I’ve been pleading with our legislators to do something about this for years. While I’m not thrilled it’s being done by a Democrat Governor and Senator, I’ll take it, folks. The Chancery Court corruption, as I see it, has been begging for changes.
Please send your feedback on this BIG story, folks. It is always welcome and appreciated.
Delaware lawmakers propose corporate law changes amid ongoing departure threats and Musk litigation
Delaware Public Media | By Sarah Petrowich Published February 18, 2025 at 6:42 PM EST
Delaware legislators introduce bipartisan corporate law changes in an effort to persuade companies to remain incorporated in the First State.
The proposed Senate Bill 21 is not Delaware’s routine annual corporate law update, which includes recommendations compiled by the Delaware State Bar Association’s Council of the Corporation Law — that legislation is still expected in the coming weeks.
Instead, the bill is a timely attempt to bring ‘clarity and balance’ back to Delaware corporate laws after a flurry of high-profile companies have either exited the First State or are threatening to do so.
The bill’s prime sponsor, Senate Majority Leader Bryan Townsend (D-Newark) — a career attorney focused on Delaware corporate litigation — explains that recent court decisions have effectively muddied some key aspects of Delaware’s legal franchise, and he hopes the proposed legislative changes will bring a sense of predictability back to the corporate law system.
How did Delaware get here and what are the changes
Delaware has a nationally recognized corporate law structure that has long held the reputation of being efficient and stable.
Businesses often opt to incorporate in Delaware, including close to 68% of Fortune 500 companies, not only because of its ideal legal structure, but because of its specialized judicial system.
The Delaware Court of Chancery utilizes expert and impartial judges to decide corporate cases, rather than juries.
Additionally, franchise revenue, which includes the taxes businesses pay to incorporate in Delaware, amounts to close to $2 billion annually — the state’s second highest revenue source behind personal income tax.
But in recent years, there have been a series of court decisions that have left some companies uneasy about the predictability of Delaware’s corporate law, which Sen. Townsend says has led to a “growing drum beat of problems.”
Sen. Townsend explains one of the main drivers behind the need for legislative clarification was a 2024 Delaware Supreme Court decision in a case involving Match Group, Inc.
The high court held that a two part framework applies to all transactions in which a controlling stockholder stands on both sides of the deal. Meaning that a transaction must 1) be negotiated by an independent committee and 2) be approved by a fully informed vote of the majority of minority stockholders.
But Delaware corporations have long been under the impression both guardrails only need to be met under a “squeeze-out” merger, where a parent company forces minority shareholders to sell their shares for cash.
“What happened after that decision came out — that decision said that you have to have both procedural protections for any kind of transaction where there is a conflict. And that just caused companies all across the country and all across the world to say, ‘Wait a minute, how can we undertake all kinds of transactions that we do every single week, every single month. How can we plan for this, when you don’t know the outcome of those guardrails?’ It’s just not workable,” he explained. “They basically were like, ‘Look, we can do one of the two guardrails. We can figure that out, but doing them both for every single kind of transaction just isn’t workable. And if Delaware is now going to say that that’s the law, which we didn’t really ever understand that to be the law before, that’s not really workable for all the kinds of things we have to do.'”
The bill also comes following over six years of corporate law turmoil involving Tesla CEO Elon Musk.
The fallout came after Chancellor Kathaleen St. J. McCormick blocked what would be the largest CEO compensation deal in U.S. history — a pay package worth $56 billion.
In 2018, it’s reported that over 70% of shareholders voted to approve the pay package, but several stockholders brought a lawsuit forward against Musk, arguing the deal breached fiduciary duties owed by Musk and the defendant directors to Tesla and its stockholders.
In 2024, Chancellor McCormick ultimately sided with the plaintiffs and reaffirmed her decision after shareholders voted to approve the pay package for a second time last year.
Musk has since appealed that decision to the Delaware Supreme Court and has reincorporated Tesla in Texas.
Following McCormick’s decision, he has publicly bashed McCormick on social media platforms and ridiculed Delaware’s corporate law system as a whole, encouraging other companies to leave the First State.
Meta — the parent company of Facebook, Instagram and WhatsApp — has been in talks of moving its corporation to Texas, and file hosting service company Dropbox is considering a move to Nevada.
And most recently, Bill Ackman, the billionaire CEO of Pershing Square Capital Management, announced on X — formerly Twitter — that he will move his management company out of Delaware to reincorporate in Nevada.
Sen. Townsend insists the legislation is not a response to Musk and is in no way an attempt to reincentivize the billionaire to come back to Delaware, feeling the relationship between Musk and Delaware is largely irreparable.
He does believe the changes will effectively keep the companies who have threatened to depart from Delaware from leaving, but still feels as though the changes uphold necessary protections for minority shareholders.
“We don’t want conflicted people to be going around making decisions that could come at the expense of minority stockholders. We don’t want there to be no guardrails — that’s what other states might be offering. We want important guardrails, but they’ve got to be predictable and consistent and workable out there in terms of all the kinds of transactions that companies enter into,” Townsend said.
On the other hand, Boston College Law School professor Brian Quinn, who specializes in corporate law and merger acquisitions, believes the legislative changes will dissolve crucial protections for those minority stockholders.
“I’m very worried that [the changes] lower the guardrails — almost takes them away. It doesn’t quite take them away, but it really lowers the guardrails and makes it really unclear for public stockholders whether they have anyone on their side when it comes to these kinds of transactions. I don’t think that this maintains any sort of balance,” Quinn said.
Quinn also says his read on the legislation is that someone like Elon Musk would no longer be considered a “controlling stockholder,” which he finds concerning.
Musk is reported to have 21% voting control of Tesla. The new legislation defines a “controlling stockholder” as someone who owns or controls at least 50% of the shares, or owns at least one-third of the shares with the ability to dictate governance.
“I think what’s happening here is that the state is reacting to very very high profile individuals who are upset and they think it’s going to lead to a stampede — I don’t believe it it will. I think it’s very shortsighted,” Quinn said.
The legislation also sets forth certain conditions that a stockholder must satisfy in order to make an inspection of books and records.
Sen. Townsend explains the ability for stockholders to obtain important documents was always meant to be a pre litigation tool to be able to try and figure out if any wrongdoings have occurred or figure out what the value of their shares are.
“If you couldn’t get those documents from the company, you could then sue to get those documents. But even that was meant to be a very quick lawsuit — 60 to 90 days. And what’s happened in recent years is that sort of initial lawsuit was supposed to be pretty quick and has turned into a big fight over all kinds of other documents, and it just leaves people feeling that this is no longer like the quick tool that it was supposed to be to try and resolve issues,” he said.
Legislators have also filed Senate Concurrent Resolution 17, where if passed, would request the Council of the Corporation Law to present a report to the governor and General Assembly by March 31 with recommendations for legislative action on how to ensure that awards of attorney’s fees provide incentives for litigation appropriately protective of stockholders but are not so excessive as to act as a counterproductive toll on Delaware companies and their stockholders.
Sen. Townsend says this request does relate to the ongoing Tesla litigation, in which Chancellor McCormick awarded $345 million in attorney fees.
“Part of where we’re coming from now is in the Tesla litigation, where, understandably, the chancellor awarded attorneys fees. Again, when you’re talking about a mega, mega amount of calculated damages, it obviously it stands to be the case that a even a small percentage of that becomes a mega, mega attorney fee award. And I just think that Delaware law perhaps needs more clarity or kind of modernization of what do we do in these mega cases,” Townsend said.
Would the changes affect Musk’s pay package litigation
Despite the new legislative changes clarifying the legal protections a controlling stockholder may earn for a transaction if they first secure the approval of unconflicted directors or stockholders, the bill would not seemingly affect Musk’s pay package appeal.
Sen. Townsend explains the bill is not retroactive and would become effective upon the governor’s signature — unless lawmakers decided to include a provision that would make the new changes take effect even later.
In fact, if the Delaware Supreme Court were to affirm Chancellor McCormick’s decision that the pay package is invalid, Townsend speculates Musk’s involvement in the Court of Chancery system would be a moot point regardless with Tesla’s incorporation now residing in Texas, meaning he likely would not be able to refile the case in Delaware.
The bill’s prime House sponsor State Rep. Krista Griffith (D-Fairfax), an attorney with a focus in criminal prosecution and civil litigation involving state agencies, wants to move away from the narrative around Musk and work to support the rest of the companies who have chosen to incorporate in Delaware.
“I’m concerned about the other corporations and companies that don’t want to be here in Delaware. I’m concerned about them. I know that proxy votes are coming up in the spring — the annual meetings are coming up for corporations. And, as I understand it, some of those questions that might be asked of shareholders is, ‘Do you want to move out of Delaware?’ The fact that that question even may be asked is troublesome,” she said.
“We are responding to an urgency here, an urgency to protect the state of Delaware and not have these other states swoop in and take our companies that love practicing here in Delaware or lure them away based on feedback that we’ve received. And so the changes that are set out in SB 21 seek to provide some clear structure and guidelines.”
The Delaware Department of Finance is predicting a .5% growth in franchise tax revenue for Fiscal Year 2026 — the same as the current fiscal year — but it is projecting a decline of 10% in corporate income tax revenue. The prediction is just one of the factors causing concern for state leaders as Delaware braces for financial uncertainty in the coming years,
Wilmington-based law firm Richards, Layton & Finger is a known legal representative of Musk in the Tesla litigation and confirmed in a statement they were involved in the drafting of the legislation.
“We are proud to have been part of a group, including highly respected lawyers, professors, and former jurists, assembled by elected officials to recommend language included in the proposed legislation. As many have recognized, statutory changes are necessary to restore the core principles that have been the hallmark of Delaware for over a century and ensure that Delaware remains the preeminent jurisdiction for incorporation.” Lisa Schmidt, President of Richards, Layton & Finger said.
But Griffith explains it’s common practice for Delaware law firms to be involved in several corporate cases due to the nature of the law, regardless of how close their ties are to the parties of the case.
“I believe Mr. Musk has lots of attorneys in Delaware, just as those who sue Mr. Musk and Delaware have lots of attorneys in Delaware. And I would say a lot of those lawyers on either side are probably members of the Corporation Law Council. So I don’t know how many lawyers he has in Delaware. I would imagine a company of his size or others probably have several different firms,” she explained.
There are at least eight other Delaware law firms listed on behalf of Musk, Tesla and other defendants in the case.
What comes next
Senate Bill 21 procedurally still has a ways to go before becoming law. It will have to be voted out of the Senate Judiciary Committee, receive a 2/3 vote of approval in the Senate, follow the same procedure in the House and then receive Gov. Matt Meyer’s signature for final approval.
Sen. Townsend says legislators worked collaboratively with Gov. Meyer on the bill, and he has expressed “full support” in moving the legislation forward.
“Clarity, predictability and fairness remain the hallmark of our franchise. I thank the Legislature for moving swiftly to respond to the evolving needs of the global market. Delaware’s ability to respond quickly again highlights why stockholders across the world repeatedly choose Delaware. As with all proposed updates to our corporate legal code, I respectfully request the Delaware State Bar Association, through its Corporate Law Council, to immediately take up SB21 for review, comment, and recommendation,” Gov. Meyer said in a statement.
Delaware Secretary of State Charuni Patibanda-Sanchez expressed a similar sentiment on behalf of Gov. Meyer, emphasizing the administration would like an opinion from the Corporate Law Council on the proposed changes: “This legislation came to fruition through a collaborative process that included corporate law practitioners that represent several different perspectives, former members of the judiciary, academics and elected officials. Delaware owes it to our customers and our residents to strengthen the corporate franchise and respond to market demands. The Governor has already requested review from the Delaware State Bar’s Corporate Council and looks forward to viewing a final product that meets the evolving needs of all our stakeholders.”
The Delaware legislature is currently on break while the Joint Finance Committee holds state budget hearings, but the bill could be heard as early as March.
JUDSON Bennett’s Coastal Network
OPINION
Trump loyalist Kash Patel is confirmed as FBI director by the Senate despite deep Democratic doubts !!
Dear Friends,
Hoorah Folks, Kash Patel is confirmed by the Senate as the new FBI Director. Trump is clicking on all aspects of his new cabinet.
Finally, the despicable political weaponization of the FBI and its corruption will now end. Kash Patel, a dedicated Trump supporter and honest American will straighten out our once great law enforcement agency and will bring back the FBI to the prominence and respect it once had.
Folks, this is a good thing for our country!
Please click on the article below and read the exciting story. As always, your comments are welcome and appreciated.
Trump loyalist Kash Patel is confirmed as FBI director by the Senate despite deep Democratic doubts
WASHINGTON (AP) — The Senate on Thursday narrowly voted to confirm Kash Patel as director of the FBI, moving to place him atop the nation’s premier federal law enforcement agency despite doubts from Democrats about his qualifications and concerns he will do Donald Trump’s bidding and go after the Republican president’s adversaries.
“I cannot imagine a worse choice,” Sen. Dick Durbin, D-Ill., told colleagues before the 51-49 vote by the GOP-controlled Senate. Sens. Susan Collins of Maine and Lisa Murkowski of Alaska were the lone Republican holdouts.
A Trump loyalist who has fiercely criticized the agency he will now lead, Patel will inherit an FBI gripped by turmoil as the Justice Department over the past month has forced out a group of senior bureau officials and made a highly unusual demand for the names of thousands of agents who participated in investigations related to the Jan. 6, 2021, riot at the U.S. Capitol.
Patel has spoken of his desire to implement major changes at the FBI, including a reduced footprint in Washington and a renewed emphasis on the bureau’s traditional crime-fighting duties rather than the intelligence-gathering work that has come to define its mandate over the past two decades as national security threats have proliferated.
But he’s also echoed Trump’s stated desire for reprisal, raising alarm among Democrats for saying before he was nominated that he would “come after” anti-Trump “conspirators” in the federal government and the media.
In a statement posted after the vote on the social media platform X, Patel wrote that he was honored to be confirmed as the ninth director of the FBI, an institution he said had a “storied legacy.”
“The American people deserve an FBI that is transparent, accountable, and committed to justice. The politicalization of our justice system has eroded public trust — but that ends today,” he wrote. He said his mission as director was to “let good cops be cops — and rebuild trust in the FBI.”
Republicans angry over what they see as law enforcement bias against conservatives during the Democratic Biden administration, as well as criminal investigations into Trump, have rallied behind Patel as the right person for the job.
“Mr. Patel wants to make the FBI accountable once again -– get back the reputation that the FBI has had historically for law enforcement,” Sen. Chuck Grassley, R-Iowa, chairman of the Senate Judiciary Committee, said this week before Patel was confirmed. “He wants to hold the FBI accountable to Congress, to the president and, most importantly, to the people they serve — the American taxpayer.”
Democrats complained about Patel’s lack of management experience compared with previous FBI directors and they highlighted incendiary past statements that they said called his judgment into question.
“I am absolutely sure of this one thing: this vote will haunt anyone who votes for him. They will rue the day they did it,” said Sen. Richard Blumenthal, a Connecticut Democrat.
He added: “To my Republican colleagues, think about what you will tell your constituents” and family “about why you voted for this person who will so completely and utterly disgrace this office and do such grave damage to our nation’s justice system.”
About a half-dozen Democrats on the Senate Judiciary Committee gathered outside FBI headquarters earlier Thursday in a last-ditch plea to derail his confirmation.
“This is someone we cannot trust,” said Sen. Adam Schiff of California. “This is someone who lacks the character to do this job, someone who lacks the integrity to do this job. We know that, our Republican colleagues know that.”
Patel’s eyebrow-raising remarks on hundreds of podcasts and in other interviews over the past four years include referring to law enforcement officials who investigated Trump as “criminal gangsters,” saying some Jan. 6 rioters were “political prisoners” and opining that FBI headquarters should be shut down and turned into a museum for the so-called deep state.
At his Senate hearing in January, Patel said Democrats were taking some of his comments out of context or misunderstanding the broader point he was trying to make. He also denied the idea that a list in a book he authored of government officials who he said were part of a “deep state” amounted to an “enemies list,” calling that a “total mischaracterization.”
“I have no interest, no desire and will not, if confirmed, go backwards,” Patel said as he vowed that there would be “no politicization at the FBI” and “no retributive actions taken.”
He said at the hearing that “the only thing that will matter if I’m confirmed” is a “de-weaponized, de-politicized system of law enforcement completely devoted to rigorous obedience to the Constitution and a singular standard of justice.”
Patel was selected in November to replace Christopher Wray, who was picked by Trump in 2017 and who resigned at the conclusion of the Biden administration to make way for his chosen successor. Wray infuriated Trump throughout his tenure, including after FBI agents searched his Mar-a-Lago estate in Florida in August 2022 for classified documents in one of two federal investigations that resulted in indictments against Trump that were dismissed after his election win.
FBI directors are given 10-year terms as a way to insulate them from political influence and keep them from becoming beholden to a particular president or administration. But Trump fired the FBI director he inherited, James Comey, after Comey had spent over three years on the job and replaced Wray after more than seven years in the position.
Since Wray’s resignation, the FBI has been led by interim leaders, who have clashed with the Justice Department over its demands for details about the agents who investigated the Capitol riot — a move seen as a possible prelude to broader firings. Patel denied having any knowledge of discussions about potential firings, but a letter from Durbin last week that cited information that he said had come from insiders suggested that Patel may have been covertly involved in that process.
Trump has said that he expects some of those agents will be fired.
Patel is a former federal defender and Justice Department counterterrorism prosecutor. He attracted Trump’s attention during the president’s first term when, as a staffer on the Republican-led House Intelligence Committee, Patel helped produce a memo that showcased surveillance-related errors during the FBI’s investigation into ties between Russia and Trump’s 2016 campaign.
Patel later joined Trump’s administration, both as a counterterrorism official at the National Security Council and as chief of staff to the defense secretary.
OPINION Dear Friends, Companies leaving Delaware has become so common now, that it has been given a nickname: Dexit, which means companies exiting Delaware. This is terrible for our state, folks. Awful for our reputation and our finances and our image across the USA! Dexit is a phrase coined by Phil Shawe, CEO of TransPerfect, which was one of the first to leave Delaware due to what I saw as corrupt Chancery Court treatment by Andre Bouchard and Leo Strine, then followed by Chancellor Kathaleen McCormick. Big company CEOs like Elon Musk and Phil Shawe have put this issue on the map. The media has followed my Coastal Network lead, writing about this more lately. Yet, few stories nail the reality of what’s going on better than the story below. Folks, I’ve been writing about this for a decade: Delaware’s incorporation revenue has been devastated. There’s not a lot of money flowing into America’s First State. The Chancery Court has ruined the best thing Delaware had going for itself. Delaware corporations are leaving in droves, no longer paying Delaware because they’ve moved or they’re moving their incorporation to another state. See the complete story by Yahoo Finance Senior Legal Reporter Alexis Keenan below and send me your feedback. It is always welcome and appreciated. Respectfully Yours, JUDSON Bennett–Coastal Network
More Musk-like ‘Dexits’ pose fresh threat to Delaware’s corporation crown
More CEOs fed up with Delaware and its powerful Chancery Court are going the way of Elon Musk, reincorporating their companies elsewhere and publicly airing their frustrations.
These so-called “Dexits” would follow Musk-led companies Tesla (TSLA), SpaceX, the Boring Company, Neuralink, and X that left or are trying to leave Delaware.
“Never incorporate your company in the state of Delaware,” Musk said on X in January 2024 after the Chancery Court’s head judge, Chancellor Kathaleen McCormick, struck down a 2018 Tesla shareholder vote approving his $56 billion performance-based compensation deal.
“I think there is a lot of pressure on Delaware,” said University of Virginia Law School professor Michal Barzuza. “And I think the more moving, the easier it becomes for others to move.”
Bill Ackman, Pershing Square’s CEO, went public with his decision on the social platform X, owned by Musk, saying he had chosen Nevada.
“Top law firms are recommending Nevada and Texas over Delaware,” Ackman wrote.
For roughly the past century, Delaware has been the dominant place to incorporate because of its so-called corporate-friendly laws, specialized business courts, and ease of filing company documents.
The state touts that it is home to more than two-thirds of all Fortune 500 companies. In 2023, Delaware hit a record 2 million total incorporations but saw a drop in the percentage of Fortune 500 companies registered there to 67.6% from 68.2% in 2022.
Delaware generated $1.33 billion in incorporation revenue in 2024, about 22% of the state’s total revenue.
Places like Nevada, Texas, South Dakota, North Carolina, Washington, and Wyoming that want some of this same revenue are trying to chip away at Delaware’s dominance with their own business-friendly strategies.
“Delaware is at serious risk of losing its standing as the leading state of incorporation for American companies,” Coinbase’s (COIN) chief legal officer Paul Grewal posted on X earlier this month.
Those recruiting efforts got a boost last year from the world’s richest man, Musk, when Tesla shareholders voted to incorporate in Texas instead of Delaware — a move made in reaction to the ruling against Musk’s pay.
But even that reincorporation is held up in the Chancery Court, in a separate case before the same judge who voided Musk’s compensation. The suit, filed by an investor who challenged the vote, alleged that the reincorporation was designed to shield Musk from Delaware law.
A similar reincorporation scuffle arose between Tripadvisor (TRIP) and two of its shareholders in 2023, before Musk’s attempted Dexits.
In Maffei v. Palkon,shareholders opposed a vote favoring reincorporation in Nevada, alleging the measure would have failed without votes from Gregory Maffei, the company’s then-controlling stockholder.
The conflict came to an end last week when Delaware’s Supreme Court overturned the Chancery Court’s vice chancellor, J. Travis Laster, unanimously holding that the lower court applied the wrong standard to evaluate the board-recommended move.
The high court disagreed with Chancery that the more rigorous “entire fairness” standard should be applied and said the decision was subject to the more lenient “business judgment” rule.
‘They don’t feel like they are getting a fair hearing’
The recent high-profile departures from Delaware are attracting attention from the state’s newly elected governor, Matt Meyer, a business lawyer, who launched a working group to study mounting complaints directed at the court.
“I’m hearing something similar from a number of Delaware companies and attorneys,” Meyer said in an interview with CNBC. “That they feel like they get the same judge every time when they come to Delaware business court, and they don’t feel like they are getting a fair hearing.”
Delaware lawmakers who hope to keep more companies in their state on Monday proposed amending a bill that would limit investor lawsuits by allowing corporate boards to further insulate their directors, officers, and controlling shareholders from liability.
The legislation, SB 21, would provide boards with safe harbor protections for the decision-makers in transactions where their interests or relationships raise conflicts of interest. It would also add conditions for investors to inspect company records, making it more difficult for plaintiffs to find evidence supporting a lawsuit.
“This legislation restores Delaware law to what it was historically known for being: balanced as to the relevant stakeholders, protective of stockholder rights and interests, workable for corporate leaders, and empowering of directors who act in good faith with appropriate process and in accordance with their fiduciary duties,” Delaware’s Senate Majority Leader Bryan Townsend and his co-sponsors said in a statement.
An exterior view of the Delaware Legislative Hall, the state capitol building. (Photo by Kent Nishimura/Getty Images) ·Kent Nishimura via Getty Images
One executive who moved his company from the state, Phil Shawe, CEO and co-founder of the translation service company TransPerfect, is among those who have told the governor that he was treated unfairly by the court.
Shawe spent years there in litigation against his TransPerfect co-founder and co-director.
When the pair became deadlocked over the business’s direction, the court concluded the impasse posed “irreparable harm” to the company. To address the perceived harm, the judge appointed a custodian to run a court-ordered sale.
“They ran an auction and didn’t produce a higher price than what I had already offered [the co-founder] years earlier,” Shawe said, alleging the auction exceeded the court’s authority.
“How the judge came to this conclusion to do this is very suspect, because the business was always growing in revenue, and profit, so there was never a real imminent harm that required a judge to take control of the business.”
Shawe ultimately outbid his challengers and purchased his co-founder’s half of the company, though after spending millions on lawyers and court fees. He has since backed advocacy group Citizens for Judicial Fairness (formerly Citizens for a Pro-Business Delaware) to push the court for more transparency and equity.
“There is something wrong with that system,” Shawe said.
The Leonard L. Williams Justice Center houses the Court of Chancery in Wilmington, Del. (AP Photo/Matt Rourke) ·ASSOCIATED PRESS
Israeli technology investor Itzik On is another executive moving his companies out of the state and says he is frustrated with the Chancery Court.
“I’m very afraid of the Delaware system going against entrepreneurs. I think it’s a systematic risk against the entire corporate world and the entire startup world,” On said. “You start considering: Why should I invest in the US? Now it’s become risky.”
On, Movado’s sole director, claims the court allowed an investor and shareholder in his now-dissolved healthcare startup, Movado PT Technologies, who was also an executive at a competing healthcare company, to maintain a derivative claim against him.
The Movado shareholder claimed On did not fully inform shareholders about material issues, including executive compensation terms and conflicts of interest among executives.
“You can’t have a derivative complaint when a shareholder is a rival,” On said.
He also disagreed with the judge’s invalidation of two shareholder votes ratifying all board actions, including executive compensation, on grounds that the votes were the product of a “fiduciary breach.”
On calls himself a “small player” as an investment manager for 24 US startups. However, he argues that Chancery dealt him a fate similar to Musk’s when the court held there was a fiduciary breach despite two shareholder votes.
“The second you have this [fiduciary breach] tag, you’ve lost,” On said. “Now everyone is at risk for fiduciary breach.”
On and his sister are appealing their case to the Delaware Supreme Court. In the meantime, he said, “All our companies are exiting Delaware.”
Alexis Keenan is a legal reporter for Yahoo Finance. Follow Alexis on X @alexiskweed
Now Bill Ackman and Mark Zuckerberg Threaten to Follow
Dear Friends,
It sounds like America’s First State’s new governor Matt Meyer is putting a harsh and bright spotlight onto the Chancery Court.
“My role as governor is to look at the system, make sure the corporate law is fair, make sure it’s predictable, make sure it’s clear and consistent, and make sure we’re making whatever changes are necessary” to improve it, Delaware’s Meyer told Bloomberg Law, in the story below.
I’d argue now and have argued for years that corporate law in Delaware has NOT been predictable. It has been anything BUT clear or consistent over the past decade! Instead, it has been dragged into the corrupt mud by Andre Bouchard or Leo Strine and current Chancery Court Chancellor Kathaleen McCormick.
After Phil Shaw and Elon Musk moved their companies from Delaware, now Meta Platforms Inc., known by many as its previous name, Facebook — plus Dropbox Inc. and Bill Ackman’s Pershing Square Capital Management consider doing the same.
Newly-elected Meyer told Bloomberg Law he is stepping in.
Former Governor John Carney did next to nothing, as I see it, to stop the revenue drain out of our beloved state and into states like Nevada and Texas. As companies move, the money once in Delaware, moves with it.
Carney did nothing over the decade as I shouted about this over and over, folks!
I applaud Meyer for tackling this HUGE problem. In my opinion, folks, the corruption has gone on too far and too long. NOW that Delaware is seeing how much it will hurt and has hurt the state revenue, they have no choice but to address this.
See the Bloomberg Law story below on what needs to be done. Please send your feedback on this, folks. It is always welcome and appreciated.
As Musk and Ackman Snub Delaware, Governor Looks at Court (1)
EXCLUSIVE
Mike Leonard
Legal Reporter
Jef Feeley
Bloomberg News
Pershing Square, Meta and others consider moving legal homes
Governor may propose changes to state’s famed business court
For more than a century Delaware has boasted the premier US business court, as legal home to most Fortune 500 companies and the nation’s biggest corporate battles.
Now that status is increasingly being challenged after Elon Musk moved his companies’ incorporation from the state and as Meta Platforms Inc., Dropbox Inc. and Bill Ackman’s Pershing Square Capital Management do or consider doing the same. Delaware’s new governor, Matt Meyer, says he is stepping in.
Meyer, a Democrat, said in an interview Monday that he is weighing changes to the way business disputes are handled in Delaware. He said the possible changes are based on feedback from executives, corporate lawyers and people suing in the state’s famed Chancery Court.
“My role as governor is to look at the system, make sure the corporate law is fair, make sure it’s predictable, make sure it’s clear and consistent, and make sure we’re making whatever changes are necessary” to improve it, Meyer said. “We need to win the future.”
Delaware Governor Matt Meyer
Photographer: Pamela Smith/AP Photo
Delaware has long been the preferred paper home for hundreds of thousands of corporations, LLCs and LPs. A major draw for the tiny state is the Court of Chancery. But after decades of dominance, a few executives, led by Musk, have been complaining about the system. And other states are seeking to challenge its status, like Texas, where officials launched their own version last year.
The highest-profile exit so far has been Musk’s. His move out of Delaware came after the court’s chief judge, Chancellor Kathaleen St. J. McCormick, rejected his multibillion-dollar Tesla Inc. pay package in a shareholder suit over it.
Read More: Musk’s Multibillion-Dollar Tesla Payout Is Gutted by Judge
Musk used his social media platform, X, to go after McCormick, the court and the state for not honoring the will of Tesla shareholders, who voted twice to approve his compensation award — the biggest ever. He urged other executives to move their companies as well, to states such as Texas and Nevada, where he said the laws were more amenable to management.
A representative for McCormick declined to comment.
Meta is considering multiple states for a possible reincorporation, Bloomberg News reported last week. Dropbox is moving its legal home to Nevada because of Delaware’s “increasingly litigious environment,” according to a filing with the US Securities and Exchange Commission.
Delaware has spawned “less meritorious and costly litigation and has the potential to cause unnecessary distraction to the company’s directors and management team,” Dropbox added.
Meanwhile, Ackman said on X Saturday that Pershing Square was reincorporating its management company in Nevada, adding in another post that the firm hadn’t yet made a final decision and was also considering Texas.
A Pershing Square representative had no comment on the posts.
Pershing Square’s Bill Ackman
Photographer: Jeenah Moon/Bloomberg
And on Tuesday the Delaware Supreme Court made it easier to shift incorporation out of the state, overturning a Chancery judge’s ruling that Tripadvisor’s Greg Maffei might have to pay monetary damages if the travel company’s reincorporation in Nevada lowers its value.
Delaware’s chancery judges are recognized as business law experts who hear cases quickly and efficiently without a jury. But Meyer said he has heard from critics that they didn’t always have a chance to appeal rulings against them at the trial level before they become final. The complaints weren’t limited to any one judge, he said. He declined to say whether he has had direct discussions with Musk.
Meyer said some companies don’t like the Chancery Court system in which subsequent cases involving a given litigant tend to be assigned to the same judge for efficiency, and judges are appointed by the governor rather than elected by voters.
“They know in some cases the judge has ruled against them in the past, and so they feel like the result of the case is a foregone conclusion,” the governor said. Musk has complained about McCormick, who is presiding over other cases involving him.
Depending on the changes he proposes, McCormick could choose to implement them, or the governor could push for legislation to enact them.
Depending on the changes he proposes, McCormick could choose to implement them, or the governor could push for legislation to enact them.
Chancellor Kathaleen St. J. McCormick
Photographer: Eric Crossan via AP Photo
Chancery Court has always had its critics, but none quite like Musk, according to corporate governance expert Larry Cunningham.
“People have lost cases in Delaware, and they’ve grumbled and criticized and maybe even told their lawyers not to recommend Delaware” to others as a corporate home, said Cunningham, director of the University of Delaware’s John L. Weinberg Center for Corporate Governance. “But this is a different world, and he’s a much more influential person.”
Meyer said Delaware still has a commanding lead as corporate home to American big business, and that 81% of the US companies that launched initial public offerings last year incorporated in the First State.
Despite its small size, Delaware is corporate home to more than 2 million businesses and more than 60% of Fortune 500 companies. Incorporation fees generated more than $2 billion for the state in 2022, or about a fourth of its annual budget.
Meyer, a lawyer himself, worked at Simpson Thacher & Bartlett on mergers and acquisitions. He represented the private equity firm Carlyle Group, among others. He also served as a diplomat in Iraq under former President Joe Biden.
(Adds new Delaware Supreme Court decision below Ackman photo, how governor could make Chancery changes above McCormick photo and expert analysis below it.)
–With assistance from Jennifer Kay (Bloomberg Law) and Crystal Tse.
OPINION
Constitutional Crisis or Permitted Presidential Actions ?
Dear Friends,
I have watched with interest as President Donald Trump is slashing and burning government agencies, firing thousands of people, and investigating waste and fraud through the expertise of Elon Musk, et al.
The Democrats are screaming bloody murder and claiming Trump has no constitutional right to do this?
Indeed, the idea of agencies like USAID spending billions of dollars of taxpayers money on things like forestation burning in Vietnam or Tourism in Egypt are reprehensible to me. Frankly, I can’t understand how anyone could approve of that absurd waste?
Regardless, are Trump’s actions, many based on Elon Musk’s recommendations, legal under Presidential Executive Privilege or are they possibly unconstitutional?
Could we be on the verge of a Constitutional Crisis as many on the left are screaming?
The Supreme Court will most likely decide.
What do you think? Your comments are welcome and appreciated.
Changes May Come For Delaware’s Chancery Court, New York Times Says, As Company Executives Like Elon Musk Clash With Court
Dear Friends,
Folks, I can’t tell you how thrilled I am that the New York Times is, once again, putting the spotlight on what I see as our very compromised and possibly corrupt Chancery Court. You may disagree with my assessment, but why would the Times be writing about it again and again, if things were going well in our court of equity?
The latest story from the Times, which I’ve included for you below my column, says court ruling dramas in our Chancery Court are undermining Delaware, which has 30% of its annual budget coming from corporate franchise revenue and even more if you add in items including legal industry tax payments.
The story also underlines how Phil Shawe, CEO of TransPerfect, and Elon Musk, CEO of Tesla, have taken on Andre Bouchard and Kathaleen McCormick. In Delaware, company executives have grown tired of being bullied by the, as I see it, abuse of power and perceived corruption in our Chancery Court.
Heck, folks, even new Delaware Governor Matt Meyer chimed in, in the Times story below, telling CNBC, that companies “don’t feel like they’re getting a fair hearing,” in Delaware’s business court.
See the New York Times story below on this new culture war in Delaware. Please send your feedback on this, folks. It is always welcome and appreciated.
Elon Musk has helped bring an esoteric debate around the Delaware Chancery Court to a national stage. Now Dropbox and Meta are contemplating moving their incorporation away from the state.
The clubby insular world of corporate law has entered the culture war.
First, Elon Musk started railing against Delaware, which for more than a century has been known as the home of corporate law, after the Delaware Chancery Court chancellor, Kathaleen McCormick, rejected his lofty pay package last year.
Eventually he switched where Tesla is incorporated to Texas.
Now, Dropbox has announced shareholder approval to move where it is incorporated to outside Delaware, and Meta is considering following suit. Others are also evaluating whether to make the move, DealBook hears.
Musk’s ire against the state where nearly 70 percent of Fortune 500 companies are incorporated brought what would usually be an esoteric issue to the national stage and framed it, alongside hot button issues like diversity, equity and inclusion programs, as one further example of overreach.
“You can blame McCormick or you can blame Musk — or you can say it’s a combination of the two of them — but it has turned it into a highly ideologically charged political issue, which it never, ever was before,” said Robert Anderson, a professor at the University of Arkansas School of Law.
The drama over court rulings could have huge consequences for the economy and politics of Delaware, which counts on corporate franchise revenue for about 30 percent of its budget — and more, if you count secondary impacts like tax payments generated by the legal industry.
At issue is a longstanding question in corporate America: How much say should minority shareholders have, especially in a controlled company? One side argues that founders like Mark Zuckerberg are given controlling shares, which give them outsize influence in a company, with the belief that they know what is best for a company. And minority shareholders buy into a company knowing their limitations. The other side argues these controlling shareholders are not perfect.
The disagreement has now been amplified as founders have become increasingly comfortable voicing their own views loudly. At a time when Trump has promised reduced government regulation, they’d also like to minimize the power of minority shareholders in corporate governance.
This isn’t the first time Delaware has come under heat.
Phil Shawe, the chief executive of the language and business services company TransPerfect, mounted a multiyear campaign against Delaware after the court effectively seized his business during a fight with his former partner and co-owner. That campaign included a lawsuit against one of the Delaware court judges, a $2 million advertising campaign and support for a $1 million PAC opposing Bethany Hall-Long, a candidate for governor last year, arguing that Hall-Long had “failed to support judicial diversity” in her time as state lieutenant governor. (Hall-Long lost in the Democratic primary.)
But Musk has made the spotlight brighter. McCormick, who first sparred with Musk over his $44 billion acquisition of Twitter, rejected the entrepreneur’s massive compensation in January, arguing that shareholders had not been properly informed and that Tesla’s board members were not sufficiently independent. In December, she again ruled against the package, even aftershareholders showed their support by voting in favor of it.
That latter decision, in particular, got some pushback from the legal community. And, unsurprisingly, Musk and Tesla shareholders descended. “Absolute corruption,” Musk wrote of the decision.
Other blows followed. In a major decision last year, a Delaware court’s vice chancellor, J. Travis Laster, ruled that company boards cannot contractually hand over power on key issues — like deals and executive compensation — to a shareholder. That ruling, which centered on the power bequeathed by board members to Ken Moelis, the controlling shareholder of the investment bank Moelis, put Delaware and its advisers into a tizzy.
Then, in an extraordinary move, the legislature effectively undid that decision, passing an amendment this summer that allowedcompanies to enter such agreements. A heated debate over that amendment on the floor of the state legislature soon evolved into a contentious argument about the direction of Delaware’s corporate law.
“Right now, the corporate market is not feeling good about Delaware,” a former state judge, William Chandler, said on the House floor, pinning that sentiment on “the uncertainty and unpredictability of a few decisions by just two judges,” referring to McCormick and Laster.
That debate has turned into a soap opera of corporate interests. Law school professors, who feel ardently about the law — and, perhaps, more cynically, about their relationship with Delaware judges — wrote passionate defenses. The judges, facing inordinate glare, threw social mediapunches.
And Delaware’s Democratic governor, Matt Meyer, who has been studying ways to handle the backlash legislatively, has gone on a mediaspree assuring companies Delaware is working to remain hospitable for their business.
The stakes for Delaware are huge. A mass exodus of businesses “would be crippling,” said Jonathan Macey, a professor at Yale Law School.
Moving a company’s incorporation is not prohibitively expensive. And it was just made easier by a ruling involving TripAdvisor’s decision to move away from Delaware, which declared that controlling shareholders would not be liable for damages that shareholders argue are incurred by the move if they moved their incorporation out of the state. (The message: Delaware isn’t Hotel California.)
Delaware’s governor has been trying to underline the nonfinancial costs, in particular the risk of losing Delaware’s bounty of case law and experience.
And he is offering the prospect of potential concessions, like the once inconceivable possibility that judges could get less discretion over the cases they choose. (As the head of the Delaware Chancery Court, McCormick gets first dibs on all cases.)
Companies and their lawyers “feel like they get the same judge every time when they come to Delaware business court, and they don’t feel like they’re getting a fair hearing,” Governor Meyer told CNBC.
“If you feel like every day you’re getting the same recess proctor no matter what — when there are a number of people who can preside over the case — maybe we need to look at that.”
— Lauren Hirsch
OPINION
Democrats in Delaware Finally Worried About Delaware’s Financial Future as Chancery Court Causes Corporations To Consider Leaving Delaware
Dear Friends,
Being born and raised in Lewes, Delaware and indeed for a good part of my life, I was able to enjoy directly and indirectly the benefits of not only the natural resources (the fishing and hunting), but the financial benefits of Delaware’s franchise tax bonanza where because of the former equitable rulings, most Fortune 500 companies incorporated there. Because of that, there was no sales tax, low property taxes and innumerable business opportunities.
That said, I have also warned in the past several years that the former plethora of Delaware prosperity and resident benefits could disappear because of the acute arrogance, conflicts of interest, and absurd legislation from the Chancery Court bench. The perceived corruption within the judicial state structure is causing many corporations to leave Delaware, sending a clear concern that things are changing in our once wonderful first state?
Delaware, remaining a definite blue state with reckless Democrat control, has ignored for years the possibilities of what could happen if corporations, especially those owned by nationally recognized entrepreneurs like Elon Musk and Phil Shawe move their incorporated businesses away from Delaware.
Now, folks, I find it amusing that after years of corporate abuse and allowing the corrupt “Delaware Way” to seemingly prevail, suddenly two Democrats – State Senator Nicole Poore and House Speaker Melissa Minor-Brown – are publicly worried about the importance that the National Corporate law structure plays in Delaware’s financial future? Indeed, as I see it, Delaware is on the brink of financial disaster if something is not done about the authoritative, omnipotent operation of Delaware’s once esteemed Chancery Court!
Please read the article from the Cape Gazette, located in Lewes, Delaware, provided below. It includes the commentary from two Democrat Delaware leaders which indicates the essence of what I have been legitimately harping about for years.
As always your feedback is welcome and appreciated.
Corporate law structure plays vital role in Delaware
Sen. Nicole Poore and Speaker Melissa Minor-Brown
February 4, 2025
Sen. Nicole Poore
Speaker Melissa Minor-Brown
For decades, Delaware has been the gold standard for corporate law in the United States, and the reasons behind this distinction are no accident. With its robust legal framework, specialized Court of Chancery and unparalleled flexibility in corporate governance, Delaware is not just a hub for businesses; it’s also a global leader.
As public servants representing the interests of our communities, we recognize that our corporate law structure plays a vital role in supporting our state’s economy while fostering innovation and growth.
The benefits of this system to Delawareans are undeniable. Corporate license fees and associated tax revenues accounted for roughly 33% of Delaware’s general revenue in recent years, funding critical programs and services that benefit everyone. This revenue allows us to make meaningful investments in our communities without overly burdening our residents with higher taxes. In this way, our corporate law structure doesn’t just serve businesses; it also serves our state.
But this system is under attack. Recent high-profile court decisions have placed us in the crosshairs of national actors, and other states are looking to capitalize on any business that looks to move away from Delaware. It cannot be overstated how significant the tax revenue and businesses brought by the corporate franchise are to our state.
We have bragged to our friends in neighboring states about Delaware’s 0% sales tax, and millions travel from across the region each year to save on their expensive purchases. Tens of thousands can enjoy retirement from the comfort of their home because of our low property taxes. Delaware had the lowest sales and property taxes per the Tax Foundations’ 2025 report. This is a result of the revenue generated from our corporate franchise industry.
We have big goals for the next General Assembly, like adequately funding our education system so every Delaware child can receive a world-class education; expanding affordable housing so that working Delawareans can have a safe place to raise their families and earn an honest living; and improving access to quality and affordable healthcare so we can live healthier lives and make the healthcare system work better for everyone.
None of this will be possible if outside actors are successful in dismantling Delaware’s position as a leader in corporate governance. Discussions of increasing teacher pay, providing tax breaks for hardworking Delawareans and enacting large-scale infrastructure projects could be forced to the back burner as we attempt to navigate budgetary uncertainties.
We hear daily from residents up and down the state about the cost of living. Inflation has taken a bite out of everyone’s paychecks and made it harder to make ends meet. A loss of revenue in Delaware would make the difficult kitchen table conversations even harder for every family. Whether a cut in Medicaid, decreases in law enforcement recruitment or deferred maintenance on roads and bridges, every single Delawarean would be affected by decreased revenue, as we would be forced to make cuts or raise taxes to keep pace with the cost of services our constituents desperately need.
While calls to reduce corporate reliance and encourage economic diversification into other industries are not without merit, such an expedited transition would be offset by broader economic harm. Accelerated movement beyond our current structure would likely require the state to raise other taxes (e.g., property or income taxes) or cut services to offset the loss of corporate-related revenue, which could take years or decades to recover from.
While Delaware’s Court of Chancery has remained widely respected for its expertise and fairness, we acknowledge that it’s important to address its lack of diversity and ensure the judiciary reflects the broader perspectives of the communities it serves, thereby enhancing its credibility and fairness, and Delaware’s leadership in corporate governance and justice.
Rod Ward, CEO of CSC, a global leader in corporate governance headquartered in Delaware, recently addressed attendees at the Delaware State Chamber dinner. He emphasized the importance of partnership in maintaining Delaware’s corporate governance legacy.
“The path forward requires collaboration and consensus. Delaware’s strength has always been its ability to grow without losing sight of its core principles: predictability, fairness and adaptability. Protecting this legacy is not just a business priority; it is a responsibility that touches every citizen of the First State.”
The next few months will be critical for the future of our state as the future of the corporate franchise could be decided not in Dover, but in D.C. Decisions made in the next few months could derail the path we’ve paved together.
Let us all remain vigilant and work together to protect this critical funding source for our state and continue our progress toward a better Delaware for all.
Sen. Nicole Poore, D-New Castle, represents District 12, while Speaker Melissa Minor-Brown, D-New Castle, represents District 17.
OPINION Dear Friends,
I have often said, in my opinion, the cost of perceived corruption, conflicts of interest, and seemingly arrogant, incorrect rulings by Leo Strine, Andre Bouchard and Kathaleen McCormick would eventually be borne by the Delaware public.
I wish I were wrong — or wish I had sounded the alarm louder during the TransPerfect case, which was the beginning of the end, in my view, of Delaware as the top U.S. home for corporate domiciles.
Now, we’re seeing so many companies leaving Delaware, from Elon Musk’s Tesla and Space X, to Meta and Dropbox, and TransPerfect and Tripadvisor. Seemingly corrupt and connected lawyers along with certain judges in Delaware, as I see it folks, are costing the Delaware taxpayer big time in the long run as corporations flee Delaware over absurd and illegitimate decisions.
Please see the New York Times story below, which cites the Wall Street Journal story that initially broke this huge news and embarrassment for the Delaware legal system and Chancery Court.
Some of you didn’t believe me when I started saying, a significant, corporate exit from Delaware was coming nearly a decade ago, which is now costing America’s First State. Now do you believe me???
Please send your feedback on this, folks. It is always welcome and appreciated.
Meta Said to Explore Incorporating in a Different State
The owner of Facebook and Instagram is incorporated in Delaware, but is considering a change. Its corporate headquarters would remain in Silicon Valley, people with knowledge of the matter said.
Meta, the owner of Facebook, Instagram and WhatsApp, is considering changing where it is incorporated from Delaware to another state, two people with knowledge of the matter said.
The company is looking at Texas and a handful of other states, said the people, who were not authorized to speak on the confidential discussions. The process is at an early stage and no decision has been made, they added, and Meta’s corporate headquarters would remain in Menlo Park, Calif.
Meta has been going through a corporate overhaul under Mark Zuckerberg, the company’s founder and chief executive. Mr. Zuckerberg has spent the past two years making work force cuts so that the company will operate more quickly and efficiently. More recently, he has aggressively courted President Trump and policymakers in Washington as they set an agenda for issues such as antitrust and artificial intelligence, which will affect the biggest tech firms.
A spokesman for Meta declined to comment on a potential reincorporation. The Wall Street Journal earlier reported that the company might exit Delaware and reincorporate in Texas or elsewhere.
Since Meta was founded as Facebook in 2004, it has been incorporated in Delaware. Many shareholder lawsuits are filed in Delaware courts, and Meta faces litigation there from a number of cases, including one stemming from a scandal over user privacy involving the voter profiling firm Cambridge Analytica in 2018.
Incorporating in another state that might be more favorable to companies rather than plaintiffs in class action lawsuits could help Meta in future shareholder litigation, the people said.
Last year, Elon Musk’s private rocket company, SpaceX, switched its incorporation to Texas from Delaware. Mr. Musk made the move weeks after a Delaware judge voided his pay package at Tesla, the electric vehicle maker that he leads.
That case was brought by Tesla shareholders who were challenging a stock options package that allowed Mr. Musk to acquire about 304 million Tesla shares at a preset price if the company achieved certain goals. The judge ruled that Mr. Musk had effectively overseen his own compensation plan, valued at more than $50 billion at the time, with the help of compliant board members.
“One could read this as a bet that because Musk moved Tesla and some of his other companies to Texas, the client effects will be that it’ll develop a jurisprudence friendly to controllers,” said Eric Talley, a corporate law and governance professor at Columbia Law School.
Over the past few years, Delaware Chancery Court has also issued rulings in other cases that have upended prior case law in the state and sent reverberations through legal circles about long established corporate governance practices. Some of those rulings have empowered shareholders and disadvantaged corporate boards of directors.
Meta has a dual-class stock structure that effectively gives Mr. Zuckerberg complete control of the company and its board of directors, something that could be challenged by the recent rulings in Delaware.
Incorporating in Texas is easier for established companies like Meta and Tesla, Mr. Talley said. A younger company still appears more legitimate, and trustworthy for shareholders, if it is incorporated in Delaware because the state has stricter legal requirements for operating, he said.
“The hope that Musk and Zuckerberg have is that the courts in Texas will be much more permissive about them doing whatever they want, even if it involves a conflict of interest,” Mr. Talley said. “There’s a much longer leash in Texas.”
JUDSON Bennett’s Coastal Network
OPINION
My Coastal Network Looks at “Against the Tide: Why Trump won back the heart of America?”
Dear Friends,
In support of my extensive hobby as a political pundit, I often do considerable research—looking for articles that are politically interesting or that support my opinions.
As a huge Trump supporter and a definite Biden detractor, being from Delaware, and as a former Republican leader, it was beyond satisfying for me when Donald J. Trump was re-elected as the 47th President of the United States.
Why did it happen against all odds and how did Trump win back the heart of America?? The horrible Biden border policy, the acute dishonesty and hypocrisy of his entire administration were all part of the Biden/Harris demise.
Indeed “WOKE is BROKE” folks.
Yet despite the Trump victory, the vicious and incompetent Democrats continue doing all they can to hurt America and Trump’s excellent agenda.
A viable and complete story, which I found, herein enclosed below, says it all. Please read it and send me your feedback which is always welcome and appreciated.
Against the Tide: Why Trump won back the heart of America
The Democratic Party’s actions had left many US citizens feeling humiliated. Signs of a Trump victory were proclaimed well before Biden withdrew from the race. The voters had had enough.
Trump has finally returned to the White House—a rerun of 2016, but even more decisive. He has not only secured more than the necessary electoral votes but also won the popular vote and both houses of Congress. This time, the American people chose to avoid risks, turning out in massive numbers to support the man most despised by the establishment. How could the crazy Trump win a second term? By being the sanest option Americans had to choose from.
When Joe Biden came to power in 2020, exultant CNN commentators congratulated themselves that “the grown-ups were back in the room.” But before long, Americans realized how big a scam those “grown-ups” were, and four years later, they simply turned their backs on them.
The reasons are plain to see: the Biden-Harris management generated inflation that has left prices 25% higher than in 2019 . Many impoverished citizens could not afford to vote for Harris. Trump gendered the hope for prosperity and nostalgia for the pre-pandemic economy of his last presidency, when the stock market soared and unemployment fell to historic lows . Under Joe Biden, Americans suffered.
But the economy is not the only determining factor. In four years of Democratic foreign policy, the world resembles a volcano in permanent eruption. The Democrats were indolent, incompetent and often complicit in the development of the worst international conflicts . The wars in Europe and the Middle East , the impending conflicts in Taiwan, the growth of the China-Russia alliance and the botched exit from Afghanistan are just a handful of examples. Today, the prospects of a World War III are a matter of daily concern.
The other key factor has been the illegal border crossings , which reached the highest level on record, benefiting the spread of organized crime in a way that will be very difficult to combat in the future. The Democratic administration rolled out the red carpet for the worst narco-mafias to set up shop in the richest country in the world . Rarely has a more damaging malpractice been seen.
The collapse of President Woke
One of the promises Democrats employed in 2020 was to appear normal, reliable and solid in the face of a fickle, pandemic-ravaged Trump. Joe Biden was portrayed as someone stable, who counted on the reassurance of knowing and managing the pegs of the deep state. But the masquerade was soon revealed, this was a senile president, who did not manage the deep state but on the contrary, was his puppet . Immediately, Biden began to govern as a parody of himself.
And the Deep State was quick to impose its agenda, the haste was obscene. Day one showed Biden signing a series of executive orders to promote the insane dogma of woke ideology : regulations to institutionalize the supremacist creeds of critical race theory and gender ideology, which soon dominated the federal bureaucracy. They hadn’t even finished settling into the White House and were already allocating funds for race- and gender-based anti-Covid policies. Biden became the world’s first woke president , the most mustached and irrational. His Administration was the bastion of the hysterical turn of the radicalized elites that plagued the world in recent years.
One of the most explosive issues for the left in this campaign was the increase in minority support for Trump, which grew in the preferences of the Hispanic and black vote , a factor that likely tipped his campaign toward victory. This has shaken the foundations of the Democratic Party and its prejudices about the “minority vote,” as well as the dominant progressive identitarian ideology. Apparently the victimized collectives managed by the left prioritize the same issues as the white voters the left so often disparages. The political premises of Wokism have begun to crumble and no one is eager to see themselves as a structural victim in need of a paternalistic left to protect them . The overuse of condescension in this campaign has been counterproductive.
The concerns of ordinary people, no matter their skin color, sexual preference, age or creed, do not fit with the concerns of progressive elites. Instead, ordinary people are concerned about rising food, housing or energy prices . Ordinary people are concerned about rising crime, about the impunity of criminals to do anything from squatting, raping, killing, stealing, and turning public space into a toilet and open-air bordello. Under the Biden-Harris Administration the federal government lost control of the border, not just the border states. The US has become the promised land for criminals and terrorists .
Added to this cocktail, Biden’s mind-boggling physical deterioration , plunged the country into a spiral of bewilderment and outrage. Who was at the helm when it was evident that the president was no longer aware of his actions? The humiliation to which the Democratic Party subjected the American citizens was immense. The conditions for a Trump victory were shaped long before Biden dropped out of the race. Voters had had enough.
When it all fell apart after the Trump-Biden debate, the Democratic Party insulted its voters again, this time by installing Kamala Harris as its nominee. Harris took Biden’s place with the arrogance of the ignorant. She tried to get to the White House with good vibes , laughing about everything and anything, and promising everything to everyone, however contradictory this might be, with insolvency and sentimentality perfectly stamped on her famous phrase: ” What can be, unburdened by what has been.”
The coastal elites intended to be in love with a candidate who claimed to be black, self-proclaimed Indian and self-perceived as a poor victim racialized by the imperial system. No one contrasted the lies of the millionaire and privileged phony who was a political nullity incapable of winning a vote. And the media made matters worse by treating her with cotton wool, being so overwhelmingly biased that they may have contributed to her defeat.
Trump: Resilience, nostalgia and hope
Trump ran a more or less disciplined campaign, considering the circumstances and the assassination attempts that colored the race. He had his usual self-inflicted wounds, it seems that at this age he is no longer going to change or perhaps no one thinks it is convenient to do so. Voters have learned to distinguish between his jokes, his offensive hyperbole, his jabs and his serious comments, between what Trump says without a filter and what Trump might actually do. People distinguish the myth from the man far better than the progressive intelligentsia .
The old Republican vote has evolved into a coalition of middle and lower class, without too many identity distinctions, oblivious to the racialized and delusional caricatures manufactured by a crazed left that did nothing but divide and confront society. Trumpism today has a large base .
Finally, the man with the worst press in the history of mankind, who has been insulted in every possible way, demonized to the point of exhaustion and tried in every court of law for the most improbable causes has managed to survive the wrath of the elites . Without knowing it, world progressivism transformed him into a contemporary hero . Attempts to crush him by any means have aggrandized his insurgent status.
In pursuing the fallen Trump in 2020, Democrats became cartoonishly vindictive. Their ongoing comparisons to dictators, the Russiagate and Laptopgate revelations, his permanent cancellation, the criminal charges against him, exposed Trump’s resilience. Claims that Trump will become a vindictive dictator who will use the judicial system as a weapon against his opponents seem ludicrous because it was the Democrats who spent the last few years using the judicial system as a weapon against him.
The Democrats who were coming in 2020 to be temperate, rational and normal were the most inept, delusional, vindictive, irrational and illiberal collective in the world . Curiously, a senile Biden, a meritless inconsequential Kamala and a Democratic Party rotten to the bone succeeded in making Trump the sane, sensible and normal election; the most palatable to voters fed up with a disturbed, authoritarian, reality-divorced and brutally anti-freedom establishment .
Voters viewed Trump with nostalgia and hope . So they decided to give him another chance.
Opinion
Trump Keeps His Word–Pete Hegseth Confirmed As Secretary of Defense !
Dear Friends,
Donald Trump has completed more work in his first four days of his administration than Biden did in his entire four years as President! Innumerable executive orders signed by Trump by day two, reversing Biden’s horrible Border policies are now in effect.
538 hard-core, illegal alien criminals have already been rounded up by ICE and are being deported. I find it interesting that the Mayor of Chicago and the Governor of Illinois both intend to interfere with Border Czar Tom Homan’s deportation policies. They may find themselves locked up as well!
I was delighted to see that Trump’s nominee for Secretary of Defense, Pete Hegseth, was confirmed by the Senate-51 to 50- with VP Vance casting the tie breaker. This is an important confirmation and there couldn’t be a better pick.
Trump traveled to North Carolina to offer help to Hurricane Helene victims and then flew on to California to offer help to the fire victims there as well. The man is an absolute dynamo with a work ethic that is unbelievable. Trump is off to a great start.
As always your comments are welcome and appreciated.
Yours Truly,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
As someone who worked diligently to expose crooked Joe and to elect Trump, I was delighted to watch every minute of his Inauguration process!
Indeed the gang was all there—Trump’s friends and foes alike.
I found it amusing after Trump was sworn in, his poignant speech directing clear attacks about Biden’s grotesque mismanagement in every way, was certainly significant.
I thought Former first lady Jill Biden was going to swallow her Adam’s apple, while “Humpty Dumpty” Joe sat there like he was lost.
First Lady Melania Trump was absolutely gorgeous, while Jill appeared jaded and over the hill. Jill Biden along with her dishonest husband, who both are the largest prevaricators in US history, really got slammed by magnificent Donald Trump.
The Inauguration process with its traditional pomp and circumstance was definitely special, organized by Trump himself.
GOOD RIDDANCE TO THE BIDENS and Welcome to President Donald J. Trump who will save our country.
That is the way I see it. As always, your feedback is welcome and appreciated.
Yours Truly,
JUDSON Bennett-Coastal Network
Opinion
Hearing on Pete Hegseth a Disgrace !
Dear Friends,
I was outraged at the vicious attacks by idiotic Democrat Senators against Pete Hegseth during his hearing as Trump’s Nominee for Secretary of Defense.
Attacks about his personal sex life, his marriages, and qualifications were unfair and idiotic.
Hegseth held his own and made his detractors look like idiots, especially Elizabeth Warren (Pocahontas).
Hopefully the Republicans in the Senate will stick together and confirm his nomination.
He will make a great Secretary of Defense and return our military to greatness. That is my view. What do you think?
As always your comments are welcome and appreciated.
Citizens for Judicial Fairness Condemns Delaware’s Chancellor McCormick For Awarding $175 Million Legal Fees
Dear Friends,
Cronyism and legal friends win again in Delaware’s Chancery Court as “backward logic” sadly prevails.
Citizens for Judicial Fairness gave Delaware’s Chancellor Kathaleen McCormick well-deserved condemnation for her $175 million award in legal fees as part of the Tesla board pay-case.
Years of Chancery judges rewarding lawyers with “massive, unchecked fees” in the TransPerfect case have been outrageous. And now this insane award truly is “preposterous” folks! Awards that high are purely criminal as I see it, folks. Cronyism and corruption, in my book.
See the Delaware Business Now story below. Send your feedback on this. It is always welcome and appreciated.
Activist group criticizes McCormick for awarding lawyers in Elon Musk Tesla case $175 million
(Special to Delaware Business Now) Jan 11, 2025
Citizens for Judicial Fairness again took Delaware’s Chancellor Kathaleen McCormick to task, this time for awarding $176 million in legal fees as part of the Tesla board pay case:
“Just a few short months after Delaware celebrated $175 million in Medicaid funding as ‘the single greatest reinforcement of Delaware’s Medicaid program’ since the Affordable Care Act, Chancellor McCormick awarded the same amount of money to three law firms in a single verdict – Delaware’s backwards logic in action once again,” the group stated in a release.
“For years, we’ve seen firsthand the eagerness by Chancery judges to reward lawyers with massive, unchecked fees through the TransPerfect case, but $175 million is preposterous. That’s the average salary of more than 2,600 Delawareans given out in a single day to elite corporate lawyers. Delaware’s Court system is out of control,” the release stated. “It’s long past time for Delaware’s leadership to create real accountability and transparency to ensure the courts serve the people rather than their tight-knit circle of legal elites.”
McCormick awarded the plaintiff’s lawyers in the Tesla case the $175 million after she ruled that the board of the company had too many ties to CEO Elon Musk in awarding a $56 billion compensation package. Musk is appealing the ruling.
Often attorneys can be awarded 10 or more percent of the proceeds in major cases. That would have amounted to more than half a billion dollars.
Citizens for Judicial Fairness came out of the Court-supervised sale of TransPerfect to co-founder Philip Shawe.
While Shawe prevailed, he continues to contest the fees paid to the custodian in the case and criticize Chancery Court and what he sees are overly close ties to the Delaware corporate legal community.
While judges are not allowed to respond to criticism, the Delaware State Bar Association recently came to the defense of McCormick.
Opinion
Trump Wants To Bring Back Monroe Doctrine–Wants to Control Panama Canal and Greenland!
Dear Friends,
Trump says he wants to establish control of the Panama Canal again (even possible ownership), which America built with many Americans dying of yellow fever. Idiot Jimmy Carter gave it away. It is important for our commerce and military! Panama is ripping us off with outrageous fees while China is gaining influence.
Additionally, Trump wants to acquire Greenland, which is a province of Denmark. We would build a military base and port there, giving us a great ability to implement and improve our national security.
Doing all this as we increase our Navy and Military again, would be part of bringing back the Monroe Doctrine, which implements the old policy of “walking softly and carrying a big stick”.
In other words, don’t mess with us or else!
I hope Trump can make it happen once he takes over from incompetent Joe Biden. There are ways to do this through tariffs, etc. Great ideas in my view!
God bless America !
As always your comments are welcome and appreciated.
In the recent election where Donald Trump won by a landslide with a clear mandate to change these policies is what is definitely going to happen on January 20th.
What I wonder about is why did many of you vote for Harris on November 5th? I can only surmise about some of the following reasons:
1) You were totally committed to the Democrat party instead of what was best for the country?
2) You are totally ignorant about what has been happening the last 4 years?
3) You just hated Trump because of his audacious demeanor?
4) You have been brainwashed by the Biden/Harris prevarications?
Some of you, who I know, who were once my friends, some who are very smart people, but your political views are way beyond my comprehension. I do not intend to insult you, but how can you condone Biden selling the wall supplies for pennies on the dollar or pardoning hardened criminals or giving George Soros (who hates America) the Medal of Freedom Award???
That is the way I see it. Regardless, your comments are welcome and appreciated, no matter how you feel.
Please check out my website CoastalNetwork.com to see all my publications, if you are interested.
Respectfully Yours,
JUDSON Bennett–Coastal Network
OPINION
Dear Friends,
I have dedicated the last 4 years of my life in the pursuit of truth, reality, equity, and conservatism. That being said, I used to think that Jimmy Carter was the worst President in US history. Although a decent man, he was truly incompetent. He is now dead and I hope that God will rest his soul.
Folks, there is absolutely no doubt that President Joe Biden is now, without a doubt, the worst President in US history.
Biden and Harris are directly responsible for the despicable border situation where millions of illegal aliens have been allowed to come into our country, including vicious criminal gangs, murderers, terrorists, rapists, and insane people. The cost to American taxpayers is in the billions of dollars. Biden and Harris have caused the deaths of thousands of Americans from terrible drugs brought in by their absurd policies.
These grotesque leaders created inflation that has practically destroyed our middle class. They were and still are liars and incompetent beyond any understanding. I could write a book about how evil they are and how grotesquely incompetent!
Anybody who wants to debate me on this, bring it on!
Your feedback is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
OPINION
Dear Friends,
Fighting corruption has inspired a cultural phrase, called “going TransPerfect” folks! It is like how the word Kleenex stands for tissue or how “Google it” is what people say when they want to search for something on the Internet; “going TransPerfect” now stands for fighting real and perceived corruption!
Victory is what I call this, folks! I’ve never been prouder on the fight against potential corruption in the Delaware Court of Chancery than I am at this moment. Our culture is recognizing and respecting a company, TransPerfect, and its leader, CEO Phil Shawe, who went further and deeper than any company was willing to go to fight corruption, cronyism, nepotism and favoritism. It runs so deep in the Delaware Chancery Court, they may actually believe that their prejudice is actual justice??
Because of the arrogance of what they call a “justice” system in Delaware courts, it took a man like Shawe, who was willing to go further than anyone else. He continues to shine a spotlight on what I see as the pompous, conceited Delaware court “leaders” like Andre Bochard, Leo Strine and Kathaleen McCormick.
Elon Musk is currently “going TransPerfect” in Delaware with his Tesla court cases. He can because Shawe has punched the door down and let the media and anyone else wanting to see how deeply flawed and corrupt the “Delaware Way” truly is, folks!
Musk is being bullied and mistreated in the Delaware Chancery Court, as Shawe has been, as I see it. Now the media and so many others recognize this mistreatment by the court, because “going TransPerfect” has become a staple in our USA’s culture and in America’s First State.
I say bravo, as I grab a Kleenex and shed a tear. It has taken a decade of fighting the establishment in Delaware. A decade of “going TransPerfect” to hopefully and eventually topple the authoritarian regime in Delaware, in my view.
I am proud of my role, shouting in my Coastal Network space and emails, as so many mocked or called me a fool for pointing out that the emperor, which is Delaware’s Chancery Court, indeed has no clothes.
I’d love to hear your thoughts and feedback on “going TransPerfect” folks! Your feedback is always welcome and appreciated.
TransPerfect as a verb In the annals of American corporate law, few cases have left as indelible a mark on the public imagination as the TransPerfect saga. What began as a bitter feud over the control of one of the world’s largest translation companies has now entered legal vernacular, with the term “going TransPerfect” gaining traction as a euphemism for courtroom theatrics, high-stakes drama, and strategic corporate maneuvering.
The saga traces back to the mid-2010s, when TransPerfect’s co-founders, Phil Shawe and Liz Elting, found themselves locked in a heated power struggle. The narrative was that they were unable to resolve their differences, and so the Delaware Court of Chancery took the unprecedented step of ordering the sale of the successful company, citing irreparable harm to its operations. The decision sparked widespread controversy, with Shawe alleging judicial overreach and launching a relentless campaign to challenge the ruling.
Over the years, the battle spilled far beyond the courtroom. Shawe’s public crusade against the Delaware judiciary was accompanied by scathing advertisements and lobbying efforts by an aligned organization made up of TransPerfect employees and local Delaware citizens, and the company’s eventual reincorporation in Nevada. The dispute turned into a multi-faceted drama that captivated legal professionals, corporate executives, and the general public alike.
Fast forward to 2025, and the term “going TransPerfect” has become shorthand for a particular style of legal brinkmanship. The phrase was recently popularized in a University of Pennsylvania law professor’s commentary on Elon Musk’s ongoing legal battles. Musk, embroiled in a high-profile dispute over his $56 billion Tesla compensation plan, has publicly lambasted the Delaware Court of Chancery, accusing it of corruption and bias—echoing Shawe’s tactics from years prior.
Legal experts have embraced the term with a mix of humor and caution. “When someone says a case has ‘gone TransPerfect,’ you know you’re in for a spectacle,” said Dr. Jane Langford, a corporate law professor at Southern States University. “It’s about more than just legal arguments; it’s about turning the courtroom into a stage and the media into an amplifier.”
The Cultural Impact
The TransPerfect case has not only influenced legal strategies but also highlighted the evolving dynamics between corporations and the courts. As companies increasingly leverage public opinion and digital platforms, the courtroom has become just one battleground in a broader war for narrative control.
l-r Elon Musk, Phil Shawe, Corporate Gladiators
Social media campaigns, lobbying efforts, and high-profile PR stunts have become standard tools in the playbook of litigants aiming to “go TransPerfect.” The phrase has even inspired memes and commentary, with some depicting Shawe and Musk as modern-day gladiators, fighting not just for legal victories but for public vindication.
What It Means for Delaware’s Courts
For the Delaware Court of Chancery, the rise of “going TransPerfect” poses both challenges and opportunities. As the nation’s premier venue for corporate disputes, the court has long been viewed as a beacon of stability and expertise. However, high-profile cases like TransPerfect and Tesla have brought increased scrutiny and public debate.
“The court’s integrity hinges on its capacity to maintain focus amidst external pressures,” remarked Alex Warren, a well-regarded analyst in corporate governance. “Yet, as these cases illustrate, even the most venerable institutions can feel the weight of modern media and public scrutiny.”
A decade after the original ruling, TransPerfect remains a thriving enterprise, now headquartered in Nevada. Shawe’s relentless fight against the Delaware judiciary has solidified his reputation as a maverick, while the case itself continues to be a cautionary tale for corporate America.
“Going TransPerfect” may have started as a tongue-in-cheek reference, but it has evolved into a powerful symbol of the intersection between law, media, and corporate strategy. As the phrase enters the lexicon of legal professionals and commentators, it serves as a reminder that in today’s world, the court of public opinion can be just as influential as the court of law.
Opinion
President Joe Biden Leaves a Terrible Legacy ! HAPPY NEW YEAR!
Dear Friends,
Now that Jimmy Carter (probably the 2nd worst President in history) has passed away, Joe Biden gets the nod as the most incompetent, dishonest, unpatriotic President in United States history!
Not only is Biden a liar, he is now senile and delusional. He actually said he regrets withdrawing from the race as he thinks he could have defeated Trump? Folks, not in his wildest dreams!
Indeed, Biden is doing everything possible to hurt our country and disrupt Trump’s positive agenda. The idiot tried to sell parts of the Border wall for pennies on the dollar at the tax payer expense. Additionally, he has pardoned terrible criminals, including pedophiles! He has commuted death sentences for vicious murderers. There is no doubt, the man is vindictive and beyond reasonable. He is grotesque in everyway possible and is doing all he can to hurt our great country. The sooner he is out of office the better, so we can get on with the business of making our country great again.
Good riddance to this despicable individual and his absurd government.
All this being said, once this jerk is gone, we can hopefully have a happy and prosperous new year.
I would like to wish all of you the best that life can offer under the coming Trump administration.
HAPPY NEW Year Folks !
Sincerely yours,
JUDSON Bennett-Coastal Network
Opinion
Dear friends,
It is with great pleasure that I wish all of you a very merry Christmas and a blessed New Year!
The Coastal Network now with Facebook, Twitter, innumerable forwards, and regular e-mails now reaches close to 50,000 people in Delaware, Pennsylvania, Maryland, Virginia, Florida, and a couple of European Countries as well. We reach folks with a conservative message of the political truth and a sincere hope for a wonderful future for America!
In this special Christmas season of 2024 and the new year coming of 2025 with a different government, whether you are a Republican, Democrat, or an Independent, I pray for prosperity, safety, and health for everybody.
God bless you all and God bless America. Again, Merry Christmas Folks and a Happy New Year !
The UNIVERSITY OF DELAWARE has been seriously compromised, in my opinion, and is to be heavily fined for improper grant operation. I am personally and extremely annoyed, and disappointed by this fiasco, especially being a U of Delaware graduate with both Bachelor’s and Master’s degrees, and being a substantial donor and football booster over the years.
To the best of my knowledge, the University gets its funding from tuition( in and out of state), from grants, from donations, from football game ticket sales and basketball ticket sales (including capital from concession stands, etc.), from occasional Network TV time payments when Delaware plays a major college , and from State and Federal money. It all goes into the same pot! Indeed, this is outrageous because the negotiated payment of these fines (over $ 700,000) comes directly from all of the above, which is paid directly and indirectly by all of us.
It should be noted that when Delaware goes into Division 1 football in 2025, the possibility of TV profits could eventually happen? But Delaware just blew $700, 000?
PLEASE READ THE ARTICLES below to understand, in my view, the possible incompetence of again — in my educated opinion, of the overpaid University Of Delaware President (He is the Captain of the ship along with his fiscal administrators) and he is ultimately in charge of this absurd situation, which reeks of a cover-up?
The University of Delaware has agreed to pay a fine of more than $700,000 as a result of allegations levied by the U.S. Department of Justice (DOJ).
U.S. Attorney for Delaware David Weiss said the University failed to disclose a professor’s ties to the People’s Republic of China in connection with a grant from the National Aeronautics and Space Administration (NASA) in 2020.
“Federal law requires universities, institutions, and researchers to make disclosures, including certain foreign affiliations, when applying for grants so that the granting agencies can assess whether to fund their research and development,” said Weiss.
The University caused NASA to violate that law by failing to disclose that one of the principal investigators on the grant was affiliated with the Chinese government in the following ways:
· employment at a Chinese university
· participation in a program established by the Chinese government to recruit individuals with knowledge or access to foreign technology intellectual property
· a grant from the National Natural Science Foundation of China
The University of Delaware issued the following statement to WDEL:
“The University of Delaware is proud of its strong record of compliance in overseeing sponsored research and remains committed to promoting and safeguarding the responsible pursuit of scientific research. The University relies, in part, on the candor and complete disclosures of individuals involved in the grant process. As noted in the release, this settlement is not an admission of wrongdoing by the University, but rather a strategic decision to avoid costly and distracting litigation.”
The total of the civil penalty was $715,580.
Press Release!!
University of Delaware Failed to Disclose Professor’s Foreign Government Ties
Monday, December 16, 2024
For Immediate Release
U.S. Attorney’s Office, District of Delaware
Pays Over $700,000 to Resolve Claims
Wilmington, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that the University of Delaware (UD), located in Newark, Delaware, has agreed to pay $715,580 to resolve civil allegations that it failed to disclose a UD professor’s affiliations with and support from the government of the People’s Republic of China in connection with federal research funding.
This settlement relates to a National Aeronautics and Space Administration (NASA) grant that was issued to UD in June 2020. Since 2011, federal law has prohibited NASA from using funds to collaborate with China or any Chinese-owned companies. The settlement resolves allegations that UD caused NASA to violate this law by failing to disclose that one of the principal investigators on the grant was affiliated with the Chinese government through: (1) employment at a Chinese university; (2) participation in a program established by the Chinese government to recruit individuals with knowledge or access to foreign technology intellectual property; and (3) a grant from the National Natural Science Foundation of China.
“Federal law requires universities, institutions, and researchers to make disclosures, including certain foreign affiliations, when applying for grants so that the granting agencies can assess whether to fund their research and development,” said U.S. Attorney for the District of Delaware David C. Weiss. “My office will hold accountable applicants who undermine the integrity of the federal grant process by knowingly failing to submit complete and truthful applications.”
“NASA’s Office of Inspector General (OIG) is dedicated to identifying and aggressively pursuing individuals who conceal affiliations with foreign entities and undermine the integrity of our academic system to obtain research funding,” said Adelle K. Harris, Special Agent in Charge of the Eastern Field Office, NASA OIG. “We commend the exceptional investigative efforts of our agents, and the work of the USAO for the District of Delaware that resulted in this settlement. Along with our law enforcement partners, we will continue to safeguard taxpayer funds that are intended for federal research and development programs.”
The settlement was the result of a coordinated effort between the U.S. Attorney’s Office for the District of Delaware and NASA-OIG. This matter was handled by Assistant U.S. Attorneys Shamoor Anis and Claudia L. Pare for the District of Delaware.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
It is quite obvious that Biden and his nefarious cohorts–pretty much the whole, insipid Democrat organization, including members of the Press, are doing everything they can to hurt the future of America by doing their best to sabotage Donald Trump’s whole platform. which includes lying about some of his potential cabinet members and other important appointees that need to be confirmed by the Senate.
The insipid, heinous crap the left is putting out about Defense Secretary nominee Pete Hegseth and Health and Human services nominee Robert F. Kennedy Jr, is outrageous. Indeed Hegseth is super qualified –a former veteran Army officer, two tours in Iraq, a published author, a graduate of Princeton University, and worldly from his stint with Fox News. Pete will undo the woke baloney in our military and create a superior military force. He should be confirmed !
Likewise, Robert F. Kennedy, Jr. is a breath of fresh air who will do his best to create a healthy food and medical environment for the United States. He also should be confirmed.
The left is terrified of Government Efficiency appointees Elon Musk and Vivek Ramaswamy, who will eliminate tons of government waste and force government employees to go back to work.
Additionally, Director of National Security Appointee Tulsi Gabbard will also be fantastic. The freaky left is having a major upset because Gabbard left the Democrat Party and called them out for their lies and failed platform.
Despite the absurd fabrications from the left, Trump’s cabinet nominees and appointees deserve to be confirmed by the Senate. I believe they all will be.
I can’t wait for the new administration to take over and President Donald Trump with his loyal cabinet and appointments to fix the devastation that Biden bestowed on the American people.
As always, your comments are welcome and appreciated.
Respectfully yours,
Judson Bennett-Coastal Network
Opinion
Many American University Professors Still Pushing a Woke Agenda?
Dear Friends,
America has overwhelmingly rejected the “Woke” agenda promoted by the Democrat left and embraced by Biden and Harris. That includes the promotion of Socialism/Communism, Anti Semitism, Defunding the Police, Open Borders, Transgender Biological Men in Female Sports, Hatred of being White, and much more. Trump and his remarkable coalition now control the Presidency, The House, and the Senate. Trump even won the Popular Vote as well.
Unfortunately there still exist many extreme liberal Professors throughout our country, who in the guise of objectivity, push the “Woke” agenda and have been for years in a nefarious attempt to brain -wash our youth– including our elite Ivy League Schools. This is done by promoting a subtle course of study interjected with the Woke agenda, promoting an anti-Trump and pro left situation. Often the students are afraid to disagree for fear of failing the course?
In my sphere of influence, being a graduate of the University of Delaware with both Bachelor’s and Master’s degrees, that I earned later in life, and knowing many friends in regard to West Chester University, the situation at these institutions is similar. As to the University of Delaware I heard complaints from students about a Business Law Course where the Professor verbally and consistently interjected a Woke agenda between the regular Course requirements? U of Delaware is a lover, supporter, and protector of Joe Biden, so that is not surprising.
As to West Chester University, there is a course labeled “Education Democracy” taught by Professor Douglas Morris, that in my view, pushes a clear Woke agenda ? Conservative Students who I spoke with there are terrified to disagree with the teacher for fear of failing the course. I have actually seen the Curriculum for this Course and indeed, in my opinion, it pushes a left wing deal.
This problem clearly exists within many of our institutions of higher learning and what can be done about it? Perhaps Trump will be able to resolve this heinous abomination by threatening to deny funding to any University that allows a Subjective, Woke Course of study that is clearly anti-American? If you go Woke, You go broke??
So be it ! That is the way I see it. What do you think? As always, your feedback is welcome and appreciated.
Yours Truly,
JUDSON Bennett- Coastal Network
OPINION
Dear Friends,
Folks, I learned this week, indirectly, that some Universities including University of Delaware and apparently Westchester State University might be teaching courses that are about hating President Elect Donald Trump. The information I got came from students experiencing this travesty who are afraid to speak out?? You disagree, you might fail the course??
It seems that some professors are clearly attempting to brainwash our children. This is not old news, but U of D and Westchester are close to home with friends and family attending these institutions! It is amazing, if true, how have these extremely liberal/ Socialist/ Communist Trump Haters been able to infiltrate our schools of higher learning?
Folks, I am investigating this disturbing information about University of Delaware and Westchester University and if it is true, then I will identify the courses, the Professors, and the state’s elected officials and hopefully expose these traitors in a major article for what they are doing, including the Presidents of these schools. Stay tuned!!
As always, your feedback is welcome and appreciated. I would love to hear from you about this.
The killer of the United Health Care CEO, Brian Thompson, a young man named Luigi Mangione was arrested in Pennsylvania at a McDonald’s when an astute employee recognized him from his photos that were circulated nationwide.
The employee and customers restrained him until the cops arrived. Mangione had the handgun, which was the murder weapon on him, and a manifesto. Interestingly, he comes from a wealthy family, went to a fancy prep school and graduated from the University of Pennsylvania. His motives, etc. are still not known as he is not talking. Regardless he is being extradited to New York City where he will go on trial for 1st degree murder and most likely will get life in prison without the possibility of parole.
New York does not have the death penalty unfortunately! What a crazy world! Again justice will be done.
That is the way I see it. As always, your feedback is welcome and appreciated. I would love to hear from you about this.
I was delighted to hear the good news that former marine Danial Penny — a true American hero — who basically saved a subway car full of people from possible harm by tackling a deranged maniac named Jordan Neely, who was threatening to kill everyone, and putting him in a chokehold. The chokehold is standard Martial Arts training in the military and is very effective and it can be deadly. Unfortunately the nutcase died, and Penny was prosecuted. The prosecution should have never happened and today Penny was completely exonerated by the jury.
Frankly, anybody who thinks Penny was guilty has to be a complete idiot. Folks, when somebody threatens to kill me, I am going to react with violence if needed to save myself and others.
In Delaware, where I come from, it is called “Terroristic Threatening” and is a felony. We have the right to defend ourselves and Penny, although never intending to kill the guy, was trying to restrain him with the chokehold until the cops arrived. An expert witness testified “that the choke hold was probably not the cause of death, as the perpetrator was filled with dangerous drugs in his system.”
Regardless, justice was done today for Penny and he is a free man! I hope he writes a book and makes millions.
So be it. That is the way I see it. As always, your feedback is welcome and appreciated. I would love to hear from you about any of this.
The number one thing I’ve learned over the past decade of writing about the Chancery Court, folks, is that the Chancellor will do what’s best for the attorneys and legal pals, and NOT what is in the best interest of the shareholders, which is the sworn duty of the Chancellor.
Kathaleen McCormick did exactly that. As corrupt as ever. She awarded her attorney friends one-third of $1 Billion in fees and denied Tesla shareholders the pay package they voted and approved twice!
Not only is there massive conflict and corruption in this case, once again you have a Chancery Court chancellor doing what Andre Boucahrd did time and time again before McCormick: Deny shareholders what they want and what is in their best interest and what they approved!
Once again, legal pals and attorneys come first, and shareholders come last. It’s all that is wrong in the equity court in Delaware and why the Delaware Way is bringing down America’s First State.
The Chancery Court will do their job the way they want to do it, the way that serves them, as I see it, folks, not as it should be done. Please read the New York Times story below and keep your feedback coming in on this. This has been one of the hottest issues in the U.S. in 2024.
NY Times: Elon Musk’s $50 Billion Tesla Pay Can’t Be Reinstated, Delaware Judge Rules
The judge said she would not reverse her decision to strike down the package after Tesla shareholders approved it a second time.
By Peter Eavis and Jack Ewing
A Delaware judge on Monday affirmed an earlier ruling that rescinded a giant pay package that Tesla had awarded its chief executive, Elon Musk.
The pay, in the form of stock options, was worth more than $50 billion and helped make Mr. Musk the richest person in the world. The package is now worth $100 billion after Tesla’s share price jumped sharply in recent weeks.
The judge, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery, struck down the award in January, ruling that shareholders had not been properly informed of its details and that members of Tesla’s board were not sufficiently independent.
But lawyers for Tesla and Mr. Musk argued that a second shareholder vote in June in favor of the package cleared the way for effectively reinstating it.
The pay comes from a 2018 award that said Mr. Musk would get all the options only if Tesla’s stock price soared and its sales and earnings grew strongly. Few expected Mr. Musk to achieve all of those targets because Tesla was still struggling to sell enough electric cars to become profitable. But Tesla’s business took off and its stock rocketed higher, allowing Mr. Musk to earn all the options in the following years. He has to hold them for five years.
The shareholder who brought the suit, Richard J. Tornetta, contended that Tesla’s board had not acted independently of Mr. Musk when devising the package and that the company had provided “materially misleading” information to investors. In her January ruling, after a trial in 2022, Chancellor McCormick said, “The process leading to the approval of Musk’s compensation plan was deeply flawed.”
To try to get the judge to change her mind, Tesla’s lawyers argued that shareholders were sufficiently informed when they overwhelmingly voted again for the package in June. But in her ruling on Monday, Chancellor McCormick wrote that the Tesla lawyers’ arguments had several flaws. Among them was that they could not hope to flip a decision “based on evidence they created after trial.”
She also said a “stockholder vote standing alone cannot ratify a conflicted-controller transaction,” referring to a situation in which a major shareholder has influence over a board and its decisions.
In any case, Chancellor McCormick said, the June vote was flawed because the board presented “materially misleading” information to shareholders in the proxy statement urging them to ratify Mr. Musk’s pay package again.
Among the “many ways in which the proxy statement mangles the truth,” she wrote, was the assurance that a new vote would change the outcome of the case.
Tesla said on X, the social media site that Mr. Musk owns, that it would appeal the decision.
“A Delaware judge just overruled a supermajority of shareholders who own Tesla and who voted twice to pay @elonmusk what he’s worth,” the company said on its corporate account. “This ruling, if not overturned, means that judges and plaintiffs’ lawyers run Delaware.”
Also on X, Mr. Musk reposted comments from supporters and stated, “Shareholders should control company votes, not judges.”
Tesla’s board of directors will most likely try to fashion a new pay package that falls under the jurisdiction of Texas, where the company has since moved its corporate registration from Delaware, said Charles Elson, the founding director of the Weinberg Center for Corporate Governance at the University of Delaware.
But any new compensation award will be vulnerable to legal challenges if the board does not demonstrate more independence from Mr. Musk, Mr. Elson said. “They can always create a new package,” he said. “But they have to be very careful in the way they construct it.”
Mr. Elson praised the decision, saying a ruling in Mr. Musk’s favor “would have really changed for the worse Delaware conflict-of-interest law.”
Chancellor McCormick also ordered Tesla to pay $345 million in fees to lawyers who represented shareholders in the case. That was far less than the $5.6 billion that the lawyers had sought.
Still, lawyers for shareholders said they were pleased with the ruling. “We hope that the chancellor’s well-reasoned decision will end this matter for the shareholders of Tesla,” lawyers for the firm Bernstein Litowitz Berger & Grossmann said in a statement. They added that they were looking forward to defending the judgment if Tesla appealed it to the Delaware Supreme Court.
Tesla’s shares have risen over 40 percent since the presidential election, as many investors believe that President-elect Donald J. Trump will pursue policies that could benefit the company and Mr. Musk, who spent roughly $200 million to support Mr. Trump’s candidacy.
Some investors are betting that Tesla will build enormous numbers of autonomous vehicles that will also act as taxis. And they hope that the next Trump administration will introduce federal rules that could help Mr. Musk achieve those plans.
Without the 2018 award, Mr. Musk still has a nearly 13 percent stake in Tesla worth nearly $150 billion. In her January ruling, Chancellor McCormick said those shares “gave him every incentive to push Tesla to levels of transformative growth.”
Opinion
Delaware Unfortunately Still Has Serious Problems Post Election!
Dear Friends,
After President John F. Kennedy was assassinated, a book was written called “JFK The Man or the Myth” by Laskey. The opening paragraph said that there are 3 things that win elections, “Money, Money, and Money! Indeed that is what happened in Delaware. Millions of dollars of outside money poured into Delaware from special interests preventing two better Republican candidates from winning in Mike Ramone for Governor and Ruth Briggs King for Lt. Governor. Delaware is now more “woke” than ever. In my view it is so bad it is grotesque.
It is my understanding that the fishing is still good, although the Weak Fish have practically disappeared! As a dedicated hunter, I remember the fabulous Quail hunting in my youth where innumerable Quail lived in the hedgerows on many of the Sussex County farms surrounding the properties. Now the hedgerows have been replaced by Townhouses and Cookie Cutter Developments. The Quail are gone.
If you want an abortion up to 9 months, you can get it in Delaware. If your child is recommended to get a sex change by some idiotic teacher and the parents resist, the authorities can take your child away from you!
The Chancery Court is terribly compromised with conflicts of interest and legislation from the bench driving corporations away from Delaware. Famous law professor Alan Dershowitz says any lawyer “who tells his client to incorporate in Delaware is guilty of legal malfeasance!”
US Attorney David Weiss clearly corrupted the Hunter Biden investigation and in my view should be disbarred. Of Course, Delaware is the home of President Joe Biden, the most corrupt and worst President in US history.
I was shocked that fabulous, experienced candidates like Kim Stevenson lost. Lewes, my old home town is a bastion of liberalism with a Senator who promotes Tent cities for illegal aliens. The Sussex County Council seems to elect which candidate they deem less pro development, as the area is totally compromised by over development without adequate public facilities.
Indeed, Delaware is BLUE, BLUE, BLUE AND MORE BLUE than ever and more WOKE than ever.
I am happy to see Delaware football is moving up to division ONE! The blue Hens will be playing the likes of Colorado and Wake Forest in 2025 which should be an eventual boon for the first state!
So be it, that is the way I see it.
As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Opinion
Dear Friends
Indeed this pardon was not unexpected, even though President Biden lied as usual, that he “would not pardon Hunter”. Folks, if you or I committed these crimes we would go to jail.
Heck, Delaware US Attorney Davis Weiss let the Statute of Limitations expire on more serious tax crimes by Hunter.
There is no doubt this “Pardon” also covers up some of Joe Biden’s crimes as well. The incredible influence peddling schemes by the Biden family will now never see the light of day. Remember “10% for the big guy. “
On the other hand, how many fathers would not take care of their sons? Perhaps this is a good thing and the country can now move forward under the new Trump administration on more important issues.
I wonder though if President Joe Biden might pardon himself before he leaves office. Regardless, good riddance to the Bidens!
That is the way I see it. What do you think?
As always your comments are welcome and appreciated.
Yours Truly,
Judson Bennett-Coastal Network
Dear Friends,
I hope you enjoyed your Thanksgiving Day. It was a special occasion to give thanks for all our blessings.
That being said, this humble patriot will present no vitriol, as I am in a peaceful state. However, tomorrow I will continue my battle to maintain our democracy and prosperity—the prosperity that Donald Trump will bring us!
I hope you enjoyed your food and companionship with your family and friends.
I love you all. God bless you, and God bless America!
As the entire country is celebrating the Trump victory — even athletes doing the new Trump dance — there are still certain Governors and Mayors, especially in Chicago and Arizona, who say they won’t allow the deportation of illegals. That action, according to Tom Homan (the new border Czar), under Title 8 of federal law, is a felony!
Once Trump is sworn in, things should get real interesting as the deportation process begins. Folks, this must happen, as the illegal border operation under Biden is destroying America.
Folks, I am extremely happy with Trump’s election, having dedicated my life to it for the last 4 years. So be it.
God bless America.
Yours truly, JUDSON Bennett-Coastal Network
Our Country Can Thank Chancery Court Chancellor McCormick for Getting Trump Elected—by Bringing Elon Musk’s Big Dollars into the Presidential Race
OPINION
Dear Friends,
Thank you to Chancery Court Chancellor Kathaleen McCormick for bringing billionaire Elon Musk into the Presidential race and helping elect Trump! Musk learned how corrupt the Delaware Democrats truly are and as I see it, motivated him to take matters into his own hands, skipping past America’s First State and going directly to the man running for the White House.
The world’s richest man likely had no idea about the depths of Delaware corruption until he matched wits with McCormick. Musk began to understand Chancery Court corruption and how deeply it runs. McCormick’s predecessors Leo Strine and Andre Bouchard plunged the court into deep corruption over the past decade and Musk was faced with the Delaware Way firsthand as it slapped his wallet and then dipped into his wallet.
Again, way to go McCormick!
Keep kicking the wrong people to enrich your friends and future employers—and see how it comes back to you. Thank you for your help in getting Trump elected back to the Oval Office. You went against Musk and Tesla shareholders and look what happened. Is your head spinning now, after last Tuesday’s election results?
There’s no way Elon Musk would have turned to support Trump without first getting his pay package taken away illegally, as I see it, folks.
If you want to thank someone for getting Trump elected, thank McCormick!!! She got the wheels turning by stealing from Musk to pay them back for his suit against Leo Strine, and to make her cronies rich—giving him no other choice but to level up to get things done right and fairly by teaming up with Trump.
It’s analogous to TransPerfect CEO Phil Shawe and crooked and soon-to-be former Lieutenant Governor of Delaware, Bethany Hall-Long—That’s my opinion, folks and I’d love to hear yours on this. Your thoughts are always welcome and appreciated.
The Republican leadership and many intellectual patriots have been expecting this “Red Wave” for a long time. With a few exceptions, like Delaware, NY, NJ, Virginia, and California, the Republican landslide has encompassed the entire country. Even in these misguided states, huge votes were cast by many folks for Trump and many other Republican candidates. Indeed the “Red Wave” is real and unprecedented in recent times throughout the entire United States.
The majority of voters finally realized that Kamala Harris was an empty suit and a liar who represented policies that would further hurt our country and would be a horrible continuation of Biden’s incompetent operation. Interestingly, the malicious diatribes perpetrated by Harris and Walz claiming that “Trump would destroy Democracy” were over the top and absolutely untrue. If anybody would put our Democratic Republic at risk it would have been Harris with her insipid, fallacious rhetoric and her grotesque prevarications. Thank God she was defeated and sent packing, hopefully no longer an insidious threat to the well- being of not only the US, but the entire world.
Folks, the “Red Wave” is now real and will last in my opinion for the next 12 years, as after President Trump, VP Vance will continue the blessings of maintaining our constitution by being elected President for 8 years, creating wonderful opportunities for all Americans, continued prosperity, energy independence, national security, and much more.
Once the Republicans retain control of the House and indeed are getting very close, the magnificent “Red Wave” will be in place for a long time.
That’s the way I see it. As always, your feedback is welcome and appreciated. Let’s keep it Red from now on ! God bless America!
In the wake of Donald Trump’s clear national mandate—winning the Presidency not only in the Electoral College but also in the popular vote—and with the Republicans flipping the Senate and nearing control of the House (current count: Republicans 211, Democrats 199, with 218 needed for majority), the future for our country looks promising!
Unfortunately, my beloved state of Delaware remains as blue as ever, with some excellent Republican candidates unable to secure victory. The stark reality is that massive funding from external sources provided an insurmountable advantage for the Meyer campaign, which also influenced down-ballot races. Delaware has even elected a transgender individual to Congress. Key issues to monitor in our state include potential changes to the Chancery Court, parental rights in decisions about children (especially regarding gender transition), educational content, late-term abortion policies, and the threat of incorporations leaving Delaware—particularly concerning as 1/3 of our state’s revenue is at risk.
Three Key Elements for a Successful Campaign:
A Clear Message
Effective Platforms for Messaging (TV, radio, grassroots efforts)
Consistent Message Delivery (funding to support these channels)
Without these elements, success in elections is difficult. The influx of millions of dollars into Delaware’s Democratic campaigns from external sources made a decisive impact.
Delaware remains a stronghold of liberal views, particularly in Sussex County, where “Wokeness” and the “Wink and a Nod” of the Delaware Way persist. On a lighter note, there are still some positives: the fishing remains good, and the University of Delaware will move up to Division One in football in 2025, which should lead to some exciting matchups against larger schools.
So be it—that’s my perspective. As always, your feedback is welcome and appreciated.
I have no intention of being gracious as Donald J. Trump has won the Presidency—not only through the Electoral College but as the first Republican in 20 years to win the popular vote as well.
This is the greatest comeback in US history, and indeed, we are blessed as a nation with this fantastic victory!
Additionally, the Republicans have won the Senate and are on the verge of keeping the House, with a count of 201 for the Republicans and 183 for the Democrats.
Why Did Trump Win?
Harris as Biden’s VP: She was a key part of what many consider the worst administration in US history, marked by corruption and incompetence, and voters recognized it.
Inconsistent Messaging: Harris put out one lie after another and was unable to articulate her platform clearly.
Political Ideology: Harris is seen as a socialist, and her running mate, Tim Walz, is considered a communist. The American people didn’t want that for our country!
Trump’s Message: Trump had a clear message that resonated with voters, as did his Vice President, Vance.
Looking Ahead
Under Trump’s leadership, we now have the opportunity to:
Secure the border
Reduce inflation
Eliminate sanctuary cities
Deport illegal aliens
Lower taxes
Protect our ally Israel
Address the crime wave
End the war in the Middle East, with a firm stance on Iran
Strengthen our military, reintroducing the Monroe Doctrine’s principle of “walk softly and carry a big stick”
Achieve energy independence
Trump and Vance will Make America Great Again, as these Democrats, seen as vicious and incompetent, are left behind. Harris is finished, and rightfully so!
We can only hope that senile Biden and dishonest Harris don’t cause further damage between now and Trump’s swearing-in.
Final Election Opinion and Advice Based on Truth–Vote Trump !
Dear Friends,
Today is Monday, November 4th. Tomorrow is Tuesday November 5th which is election day in the United States with former President Donald Trump versus Vice President Kamala Harris for the position of Commander in Chief. Folks, this is the most important Presidential election in United States history and will, without a doubt, affect your future freedom and prosperity.
Remarkably this election is extremely close, considering the failed Presidency of Joe Biden in every way, which included despicable acts of bribery, influence peddling, and innumerable lies to the American people.
After the increasing evidence of Biden’s senility, the Democrats forced Biden not to run and with the help of the corrupt press have pumped up Vice President Kamala Harris as the candidate. God help the United States if she is elected President!!!!!
Harris is 100% responsible for the millions of unvetted illegal aliens that have and are still pouring into our country bringing horrendous crime, disease, and community problems in every part of America. The cost to taxpayers is billions of dollars.
During her campaign, Harris has not told the truth, cannot or will not articulate her real agenda, and is intrinsically evil. She says terrible, untrue things like calling Trump a Nazi and a Fascist. She harps falsely on the abortion issue, stating that female rights are being violated because the Supreme Court (100% vote by all 9 Justices) sent Roe v. Wade back to the states where it should be! Folks there is not one state where a woman cannot get an abortion, especially for rape, incest, or the mother’s life is in danger and up to the time when viability ends ( the time the baby can live outside the womb). Her rhetoric about this issue is totally false!
Harris is a true socialist and her VP choice Tim Walz is a Communist. They intend to put the average American into a life of mediocrity, feeding them like pigs with a little bit of corn (accumulative giveaways), while insipid fat cats like George Soros, various elite movie stars, and other demonic billionaires bask in luxury, funding the Democrat and Harris agenda.
Kamala’s plan is set, and she is just waiting to come after your hard-earned savings!!!
The moment she steps into the Oval Office she will give the go ahead to move forward with the most aggressive taxation policies we have ever seen.
America is facing a turning point that will directly impact the retirement of every American.
So, what is at risk if she is elected on Nov. 5?
Well, here are a few points that are important to look at:
· She paid millions of registered Democrats $24,000 in free government tax money, trying to buy their votes.
· She sponsored and supported “Medicare for All,” costing all taxpayers thousands. She wants to give illegal aliens free Medicare!
· As the border czar, she is working to “reset” America using open borders to benefit her political party (while running for president on “I will fix the border”)
· Voted #1 most liberal senator, she ruthlessly cut out Biden and stole the nomination without receiving one vote.
The list can go on and on…………….?
She’s the most dangerous radical leftist that the White House has ever seen, and she could be our next president in just a few days! WE CANNOT LET THIS HAPPEN !!
Trump has produced the best economy we have had in years while he was President. He made this country energy independent, and when elected he will return our country to unprecedented economic stability and prosperity. He will deport every illegal invader as quickly as possible, outlaw sanctuary cities, eliminate taxes on Social Security, on tips, and on overtime. He will reinstate the Monroe Doctrine, which means on a global basis, “walk softly, but carry a big stick!” He will rebuild our military making us more powerful than ever. Peace will come through our ability to always win once Trump is elected. Nobody will mess with us again. This outrageous crap with Iran created by Biden’s and Harris’ insipid and stupid policies will end quickly. Trump will support Israel 100%.
Folks, I could literally write a book about how great Trump can be for America if elected again and how bad Harris would be if elected as President.
Many of you have already voted, but for those who have not, please go vote for Donald Trump for President and every Republican on the ticket tomorrow. Indeed your future and that of your children and grandchildren depends on it.
God bless America !
As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Opinion
RNC Chair Announces Trump Campaign’s Intent to Sue Bucks County, PA Over Mail Ballot Confusion
Dear Friends,
As we approach the final days of this heated, closely contested Presidential election campaign, reports of alleged misconduct continue to surface. In Pennsylvania, polls show Trump leading by only one point. Yet, according to the Trump campaign, county officials are attempting to undercut his lead. To address this, Trump intends to file a lawsuit against Bucks County.
Below is the latest story on the matter. Please read it, and as always, your comments are welcome and appreciated.
Pennsylvania remains a crucial battleground state, and every effort must be made to ensure a fair election.
Stay tuned for my final thoughts ahead of Election Day on Tuesday, November 5th.
RNC Chair Announces Trump Campaign’s Plan to Sue Bucks County Over Mail Ballot Confusion
By: Christina Kristofic, Ian Karbal, and Tom Sofield – October 29, 2024, 11:18 PM
In a recent rally for former President Donald Trump in Allentown, the RNC Chairman, Michael Whatley, revealed that the Trump campaign plans to file a lawsuit against Bucks County. The suit alleges that county officials turned away voters seeking to apply for mail ballots.
“Democrat election officials see our turnout, they’re seeing us break early vote records across Pennsylvania, and they want to stop our momentum. We will fight to ensure every vote is counted,” stated Whatley.
On Tuesday, the Trump campaign and the Republican National Committee filed a writ of summons in the Bucks County Court of Common Pleas, a preliminary step to the lawsuit. Named in the filing are the Bucks County Board of Elections, former Elections Director Deena Dean, and the three county commissioners.
Whatley’s message to voters at the rally was clear: “Donald Trump needs Pennsylvania, and America needs Pennsylvania.”
Gov. Josh Shapiro’s Response
Governor Josh Shapiro criticized Trump’s accusations of “cheating” on social media, reiterating that election officials were working to ensure a fair voting process. Shapiro highlighted Trump’s previous unsuccessful legal challenges in Pennsylvania and assured voters of a “free and fair, safe and secure election.”
County election officials clarified that the recent confusion stemmed from a miscommunication regarding the process for on-demand mail ballots. While Pennsylvania does not allow early voting, voters can apply for mail ballots in person and receive them immediately if submitted before the state’s 5 p.m. deadline. Social media posts showing lines and voters allegedly being denied entrance quickly went viral, sparking widespread debate.
Long Lines and Legislative Action
Reports from Bucks County indicate lengthy wait times for on-demand mail ballot applications, with many voters incorrectly assuming they were in line to vote in person. These delays led State Senator Frank Farry (R-Bucks) to propose legislation requiring that all voters in line by closing time be served.
Efforts to address such election challenges have been hindered by a lack of bipartisan consensus. While House Democrats have advocated for early voting reforms, Senate Republicans have conditioned their support on stricter voter identification requirements.
As Election Day approaches, election officials urge voters to exercise patience, recognizing the efforts to meet demand in this busy cycle.
Peter Hall and Kim Lyons of the Capital-Star staff contributed
This story was updated on October 30, 2024, to reflect the Trump campaign’s legal filing and a statement from Gov. Josh Shapiro.
4o
OPINION
Delaware Chief Chancellor Kathleen McCormick Should Not Be Allowed to Make and Interpret Laws
Dear Friends,
Delaware Chief Chancellor Kathleen McCormick, in my view, could be perceived as blatantly corrupt by many Delawareans, folks. As a judge, she apparently gets to “interpret” the laws that the elected officials of the legislature get to “make.” What’s not legal, what she does not have the right to do, and what SHE SHOULD NEVER be allowed to do, is both make and interpret the laws. Legislating from the Bench is just plain wrong!
If McCormick wants to speak aloud to sway elected officials on her active cases, then her political cronies should resign, and she should run for office! …anything else is illegal and blatantly violates The Constitution’s “separation of powers” mandate. I guess McCormick skipped a lot of classes at Notre Dame Law School??
Even former Chancellor Bill Chandler says she’s rogue and beyond ethical limits of what a judge can do. “As chancellor, I was taught that judges need to stay in their lane and need to be applying the law that [legislators] give them,” he says in the story below. “Judges don’t need to intrude on the process of making law.”
The Delaware Way needs to stop, folks. Judges, in my opinion, with no accountability like Travis Laster and Kathleen McCormick literally think they can do what I understand as illegal things, not based on established law—and then it makes them “legal” by virtue of it being them doing it as judges? They seemingly and boldly think they are above the law–even the law governing judges–and it’s insane!!! — as Bill Chandler boldly points out.
Maybe the new Delaware governor, either Republican Mike Ramone or Democrat Matt Meyer, will clean up this Delaware Chancery Court corruption. My understanding is that in Delaware, the Chancellor serves at the pleasure of the Governor, folks. And from what I know of Ramone and Meyer, neither will stand for unethical shenanigans that define today’s Chancery Court. Feels like she’s a socialist to me, folks?! What do you think? Send me your feedback. It it always appreciated!
The final hearing for Senate Bill 313 in the House chamber was about as contentious as they get in Delaware, where politics is usually the sort of cordial horse-trading that seems like something from a bygone era.
Thursday evening was much different. Before the debate over SB 313 even started in the House chamber, it was clear that most lawmakers had already made up their minds about the bill, which has been described as “routine” by supporters and “major surgery” to Delaware law by opponents. After one hour of debate that left “blood on the floor,” according to the legal news outlet Law360 — and included intense questioning of a University of Delaware professor and a former chancellor — no one appeared to change sides. Some lawmakers were visibly frustrated with the opposition for holding up the process, while the opposition appeared stunned that so few legislators showed concern for the public outcry against the bill.
The final vote was 34-7 in favor of SB 313, which now heads to Gov. John Carney, who has indicated that he will approve the measure, according to the Delaware Business Times.
This likely ends — for now at least — the divisive saga that was SB 313. Ultimately, legislators sided with private equity and powerful corporations over union pension funds and ordinary minority investors, including those who buy stocks through apps such as Robinhood.
At the heart of the debate Thursday evening in the House was whether or not it was appropriate for the General Assembly to change the law in response to a decision in the Court of Chancery when the case at issue had not yet been resolved, nor had the opportunity to be heard by the Delaware Supreme Court.
On Feb. 23, 2024, Vice Chancellor Travis Laster issued a decision that allegedly stunned Delaware’s legions of corporate attorneys. In West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, Laster ruled against an investment bank that had entered into a special agreement with its eponymous founder, Ken Moelis. Within this agreement, Laster explained, Moelis was given the power to control decisions made by the board of directors, which the agreement also stipulates must include a majority of his preferred candidates, thus ensuring that, for all intents and purposes, he is in total control of a publicly-traded company.
The agreement contained provisions that delineated “eighteen different categories of action” that must be pre-approved by Moelis in writing and, according to Laster, these requirements “encompass virtually everything the Board can do.” Moelis was entitled to nominate a majority of the Board seats, and the current Board “must recommend that stockholders vote in favor of Moelis’ designees,” “must use reasonable efforts to enable Moelis’ designees to be elected and continue to serve,” and “must fill any vacancy in a seat occupied by a Moelis designee with a new Moelis designee.”
That agreement violated Delaware law, Laster said, because boards of directors shall not confer their authority to a third party unless it is written into the certificate of incorporation, which requires a vote of approval from all shareholders.
“What happens when the seemingly irresistible force of market practice meets the traditionally immovable object of statutory law? A court must uphold the law, so the statute prevails,” Laster wrote in the Moelis decision. “Market participants must conform their conduct to legal requirements, not the other way around.”
In response to Laster’s opinion in the Moelis decision, corporate interests in Delaware went into overdrive to change the law to “favor big shareholders,” according to the Financial Times. Within weeks, the Corporation Law Council (CLC), which is basically a special subcommittee within the Delaware State Bar Association, had drafted amendments to the corporate code that would become SB 313. The Moelis case had not even reached summary judgment in the Court of Chancery and was still months away from a likely appeal to the Delaware Supreme Court.
“Critics of the bill suggest that it’s unusual and problematic to reverse a Court of Chancery decision by legislation while it is still being litigated and before there’s been an appeal to the Supreme Court,” Rep. Madinah Wilson-Anton said on the House floor Thursday evening while questioning Charles Elson, founder of the University of Delaware’s Weinberg Center for Corporate Governance. What would be, she asked, “the long-term implications for Delaware if we set a precedent that the General Assembly will reverse decisions made in ongoing cases before they get to the Supreme Court?”
“Once the Supreme Court has ruled, if you disagree with the opinion, or think the Supreme Court’s approach was problematic, that’s typically when you see a legislative response,” Elson responded. “Quite frankly, that’s why you have a Supreme Court. For a disappointed litigant to come into a legislature to seek to change the ruling of a lower court before there’s an appeal side-steps the process and is really problematic for an effective judicial system.”
Instead of waiting for the appeals process to play out, corporate interests in the state bar association, along with their allies in the General Assembly, started working overtime to get a bill drafted and passed before the end of the current legislative session on June 30. The text of proposed amendments to the corporate code, formally known as the Delaware General Corporation Law (DGCL), became public in early April when draft copies were distributed to members of the state bar association. That first version of the bill generated pushback almost immediately from law professors and advocacy groups.
“It’s really a bit of a dramatic expansion of what you can do by a contract between a corporation and a given stockholder,” law professors Gabriel Rauterberg and Sarath Sanga said in an interview with Delaware Call in early April. “Changes to the DGCL are usually explicitly and finely targeted at a problem. And I think what is causing consternation in this proposed amendment is it’s taking a sledge hammer to hit a nail, tackling something in one unpopular opinion by purporting to legalize virtually anything by contract.”
There was also dissent within the state bar association itself. According to testimony at both the Senate and House committee hearings — and the final debate in the House chamber on Thursday — members of the state bar repeatedly spoke out against the proposed amendments. The pushback was so intense that, after the proposed amendments were approved by the CLC, the process was paused temporarily to hold what they called a mediation to supposedly resolve differences. However, during the SB 313 hearings, opponents of the bill suggested that meeting was really just a cover to give the impression that the state bar was listening to all sides on the issue.
“There was no mediation,” Wilson-Anton said on the House floor, pointing in the chamber to Jill Fisch, Saul A. Fox Distinguished Professor of Business Law and Co-Director at the Institute for Law & Economics at the University of Pennsylvania, who had attended that meeting but, due to the unusual terms of the floor debate on SB 313 set by the House Democratic leadership after the start of the hearing, was not allowed to speak. “She was in the so-called mediation. Her perspective is that there was not a mediation. There was a discussion, and a conclusion, which they were made aware of after the meeting. So they were not actually party to the decisions that were being made,” continued Wilson-Anton.
After the mediation, members of the CLC made additional alterations to the proposed amendments — changes which were not put to a vote — and then sent the bill to the DSBA Executive Committee for approval. Only after the Executive Committee’s approval does the DSBA allow use of its lobbyist and officially send proposed amendments to friendly legislators in the state Senate, who filed the bill on May 23 — approximately three weeks later in the session than when the corporate amendments were filed last year.
Not widely known at the time was that Chancellor Kathaleen McCormick had written a private letter to the DSBA Executive Committee urging them to slow down. She called the amendment process “flawed” and criticized the state bar for fast-tracking amendments that would substantively alter Delaware corporate law while litigation is still pending in the courts.
“The Proposal was the product of a rushed reaction,” McCormick wrote in April. “The Proposal has moved forward at a pace that forecloses meaningful deliberation and input from diverse viewpoints. It reflects the broadest set of substantive amendments since the 1960s. It is controversial. It preempts the Delaware Supreme Court’s opportunity to act as the final arbiter of Delaware law, striking at two cases still being litigated before the Court of Chancery.”
A few weeks later, a current member of the DSBA Executive Committee publicly reiterated McCormick’s call to slow down the process.
“I remain disappointed in the rushed process by which these proposed amendments have made their way to the General Assembly and wish there had been more opportunities for others to offer their input to the Council,” Secretary Mae Oberste said in an exclusive interview with Delaware Call.
Around the same time, Vice Chancellor Laster, who authored the Moelis decision, started posting his thoughts about the proposed amendments on LinkedIn.
“This is not the annual tweaking,” of the corporate code, he wrote. “That’s a cosmetic procedure by comparison. This is major surgery.”
Remarks by McCormick and Laster about the corporate code amendments eventually became something of a rallying cry among opponents of SB 313. However, among supporters of the bill, remarks by the chancellors were framed as an uncomfortable break with tradition.
“As chancellor, I was taught that judges need to stay in their lane and need to be applying the law that [legislators] give them. Judges don’t need to intrude on the process of making law,” said former chancellor William Chandler in the House chamber Thursday evening, and then gave lawmakers dire warnings should SB 313 fail to pass. “The headlines will read that two judges and a lot of law professors succeeded in convincing you to vote down changes to corporate law that would have preserved the continuity and stability that we have known.”
To the contrary, in a 2006 law review article published while Chandler was serving his 17th year on the Court of Chancery, Professor Lawrence Hamermesh — at the time a member of the Corporation Law Council and the sole law professor to write publicly in favor of SB 313 — wrote that:
Moreover, Canon 3.1 of the Delaware Judges’ Code of Judicial Conduct provides that: “A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice (including projects directed to the drafting of legislation).”
Chandler served on the Court of Chancery from 1989 to 2011, when he retired to join the corporate law firm Wilson, Sonsini, Goodrich & Rosati. When asked during the hearing if he thought McCormick and Laster were wrong in their criticisms of SB 313, Chandler answered, “Yes, I do. I served longer than both of them — combined.”
* Debate over corporate amendments divides lawmakers *
Throughout the debate over the amendments to the corporate code, supporters of the bill that include powerful law firms frequently suggested that changes to the law are necessary to bring Delaware’s corporate law “in line with market practice” after the Moelis decision threatened the legality of potentially thousands of stockholder agreements. Many lawmakers appeared genuinely concerned about the consequences of their actions.
“I feel like there’s this rush. That we have to do something today. That we have to pass a law today,” Rep. Eric Morrison said to Professor Elson. “What happens if we wait on this?”
“Absolutely nothing happens,” Elson replied. “Certainly in this case, the world isn’t going to end if you wait until the Supreme Court rules on the case, and at that point look at it and decide. The fact that, again, you have so many folks opposed to it, is to me very troubling.”
Whereas opponents of the bill largely used Elson’s time as a witness to explain the flaws in SB 313, supporters seemed mostly concerned with attempting to poke holes in his credibility.
Rep. Krista Griffith asked only one question of Elson: “Are you a member of the state bar?” To which Elson responded, “No.”
Rep. Franklin Cooke’s ire over the late timing of SB 313 was strangely directed not at the bill’s sponsors, who introduced it three weeks later in the session than last year, but rather at the witness, Professor Elson, who Cooke accused of not speaking up when he had the chance.
“Lawyers had their chance to speak, but didn’t,” Cooke said in reference to the Corporation Law Section meeting in May when members were not allowed to offer amendments to the proposed legislation. Nor was that meeting open to the public.
“I wasn’t at that meeting,” Elson pleaded. “I wasn’t invited!”
And when Elson suggested that SB 313 was designed to overturn the Moelis decision, outgoing Rep. Paul Baumbach accused Elson of playing fast and loose with the facts.
“Respectfully, responding to a case and reversing a court decision are very different, but you seem to be lumping them together,” said Baumbach.
“I think you’re getting into semantics,” Elson replied.
“Important semantics.”
To which Elson responded: “Well, respectfully, I would disagree.”
Baumbach interjected multiple times while Elson was speaking, at one point cutting him off mid-sentence to say that a yes-or-no answer “would be fine.”
Meanwhile, during his time as witness, former chancellor Chandler doubled down on the importance of the CLC to Delaware’s incorporation industry.
“I believe deeply in the Corporation Law Council process,” Chandler said, claiming the Council “has never failed” the state of Delaware. “These are experts who have only one mission: To keep Delaware up-to-date. To keep our law predictable, certain, reasonable, and fair. That’s their job.”
Chandler not only went to bat for the CLC. He also had some harsh words for Chancellors McCormick and Laster, not only for speaking out against SB 313 but also for rulings they’ve issued to which he appeared ideologically opposed.
“Right now, the corporate market is not feeling good about Delaware,” he said. “It’s not feeling good about Delaware because of the uncertainty and unpredictability of a few decisions by just two judges. And remember, that’s not a court of two judges. That’s a court of seven judges. But only two judges are telling you there’s some concern about this legislation affecting their decisions.”
Although Chandler did not use the phrase “judicial activists” to describe McCormick and Laster, he strongly hinted at it.
“They have become really powerful,” he said. “They’ve now become makers of the law as well as the adjudicators of the law. That to me is even more worrisome and concerning than whether or not this legislation passes at all because that’s never happened in our history. Never.”
(Boston-based attorney Joel Fleming, who practices in the Court of Chancery, pointed out in a comment to Delaware Call that this claim contradicts Chandler’s own record, as he and then-Chancellor Leo Strine urged the General Assembly to make specific changes to the corporate code back in 2002, and legislators complied. Strine did the same for another amendment in 2014).
“You can say that this is the first time this has happened,” Wilson-Anton said in response to Chandler’s remarks. “But when we start the clock with the Chancellor and Vice Chancellor responding to legislation, I think that’s doing everyone a disservice. I think really we should start the timeline with: A decision was made by the Court of Chancery, and the CLC responded by saying, ‘We don’t like it. We think legislators should step in.’ And that’s what I think is the most historic part about all this.”
When Wilson-Anton then asked the former chancellor about his compensation as a lawyer for a big corporate law firm, the chair cut her off, calling her line of questioning “offensive.”
The chair called a vote on SB 313 shortly thereafter, and the bill passed 34-7. All votes against the bill were Democrats. The sole Republican who voted against SB 313 in the House Judiciary Committee, Valerie Jones Giltner, ultimately voted to approve SB 313. In an email to Delaware Call, Jones Giltner said she was “able to contact several corporate lawyers that are practicing corporate law and ask defining questions and seek their input. I am now in support of SB 313.”
The next day, Wilson-Anton said on social media that she was “disappointed by the manner in which these experts, my guests, were treated. Unfortunately, this week the bully tactics and double standards of the House Democratic leadership were on full display. If you have to change the rules to win, maybe you don’t have the winning argument.”
The debate over SB 313 not only left “blood on the floor” of the House chamber, as reporter Jeff Montgomery figuratively characterized the hearing, but was also one of the most direct challenges in recent memory to the politics of civility that usually guide decorum within the General Assembly, which critics have long pointed out is weaponized to crush dissent, especially when it comes to amending the corporate code.
“The Chancellor and Vice Chancellor are dedicated public servants who enforce the law. Bill Chandler is a dedicated servant of Wilson Sonsini’s venture capital clients who didn’t feel like following [the law]. What he said was shameful and reveals the cynicism of [Delaware’s] civility norms,” wrote attorney Joel Fleming. “There are those whom the civility norms bind but don’t protect. And then there are those whom the civility norms protect but do not bind.”
Although SB 313 will almost certainly go into effect later this year, chancellors McCormick and Laster are still on the bench, their politics and perceptions of corporate law are unlikely to change, and they will likely continue to issue rulings that powerful corporate interests and private equity firms may not like.
So what happens next? Will the General Assembly continue to step in — perhaps annually — to curtail judicial review?
Delaware Call will be watching.
OPINION
Trump Knocks it out of the Park at Madison Square Garden!
Dear Friends,
In an amazing, fantastic, innovative presentation, Donald Trump had New York City feeling political heat and political heart at Madison Square Garden, as 21,000 adoring people filled the iconic location in one of the bluest cities in the country, while thousands watched outside. Over 35 million people watched the event on television as well. The event had huge national implications and was designed to showcase Trump’s agenda for all the people.
With guest speakers galore, including Elon Musk who ramped up his endorsement of Trump with spectacular style, the place went wild. When Musk introduced Melania Trump, who was sensationally beautiful, the obvious love and adoration for her by the audience was exciting. After a brief speech, Melania introduced her husband Donald J. Trump. They embraced on the stage and then Trump gave the best speech of his life, effectively outlining his entire platform and the weaknesses of the Kamala Harris candidacy. Folks, Trump may not win the state of New York, however this event may indeed take him to victory in a landslide on November 5th throughout the entire United States.
Interestingly, Harris and other left-wing Democrats called Trump a Nazi comparing the event to an event in 1939 when Nazi supporters held an event at another Madison Square Garden which was not even at this same venue. The malicious diatribes from these insipid politicians is beyond offensive and only shows their fear of losing which I predict they will.
Indeed, in my view, this event was wonderful, well planned and implemented with impeccable style. Trump is going to win this election folks. God bless Donald Trump and God bless America.
That is the way I see it. As always your comments are welcome and appreciated.
Trump Maligned By Harris During CNN Town Hall With Anderson Cooper
Dear Friends,
Kamala Harris called Trump a Nazi and a Fascist. Fascism is a far-right, authoritarian, and ultranationalist political ideology and movement, characterized by a dictatorial leader, centralized autocracy, without freedom of expression. Trump does not come close to this description and is the superior candidate.
Folks if anybody is a Fascist it is Kamala Harris with Socialist/ Communist leanings. Everything she says is a lie or a long word salad that avoids answering direct questions.
Folks the Democrats are desperate as Trump is now ahead according to the polls in all the battleground states.
Vicious name calling with false diatribes is all the Democrats got. Trump is going to win and will make America great again.
That is the way I see it. As always, your comments are welcome and appreciated.
Yours truly,
JUDSON Bennett-Coastal Network
JUDSON Bennett’s Coastal Network
OPINION
Dear Friends,
After serving French Fries in a Pennsylvania McDonalds (in an obvious mocking of Kamala Harris) and attending a Steelers game where the crowd cheered him, Trump headed for storm ravaged Western North Carolina.
Speaking with the people, Trump publicly announced that when he was elected, he would make sure everyone would be made whole and the area restored. He also wanted to make sure that everyone was able to vote. Indeed, North Carolina is a battleground state and both Trump and Harris are working it to gain votes.
Interestingly, as I mentioned in a previous article, Biden and Harris are still harping on their false misrepresentation claim- accusing Trump of saying untruths about the government response to Hurricane Helene.
Folks, Trump never said that capital from Fema was given to illegal aliens instead of needed relief for the Hurricane Victims. However, millions of dollars were given from a Fema special department for illegal aliens, when none should have been given, in my view! Secretary of Homeland Security Mayorkas clearly stated that Fema was out of money for this Hurricane season. However, to cover up some definite failings and unusual delays, Harris is putting this absurd spin on the situation trying to make Trump look bad. It is not working.
Folks there was no misrepresentation by Trump and he is definitely gleaning votes in ravaged Western North Carolina and the rest of the state, as well.
At this point with two weeks to go before the election, Trump is leading narrowly in all the battleground states.
That’s what is happening and the complete truth. As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network.
OPINION
Dear Friends,
I Am happy to endorse Incumbent Mark Schaeffer (R) who is seeking reelection as the 3rd District County Councilman. Mark is the former Mayor of Smyrna and Little Creek and is a natural leader who performs wonderful constituent services. I have known Mark and worked with him for over 20 years. Mark has been a stabilizing and effective influence on the Sussex County Council since 2020 and has done an excellent job. He should be reelected. Folks, Mark Schaeffer is the real deal and is a solid and caring human being ! All that being said, please read below important, significant, and truthful statements from Mark, stating his platform and clearly setting the record straight ! PLEASE REELECT MARK SCHAEFFER !!!
“My opponent is playing fast and loose with the truth regarding my record, so I want to set the record straight on a few things. As we’re all aware, Sussex County has been saddled with problems of overdevelopment, traffic congestion, and environmental degradation for decades.
Because I have a 40-year track record of fighting to preserve Delaware’s natural environment–including the creation of the first Comprehensive Land Use Plan sent to Governor Ruth Ann Minner–I was elected in 2020 to address those concerns. I first took the oath of office on January 5, 2021, and in the brief time I’ve been in a position to effect change, here’s what I’ve done, all of which is a matter of public record:
Saved almost 2,000 acres in perpetuity from development (this land will NEVER be developed).
Voted NO on over two dozen development projects over concerns about environmental disturbance and overdevelopment.
Voted NO not once, but TWICE on the Coral Lakes subdivision.
Voted NO on the River Road subdivision.
Voted NO on the Round Poll Bridge Road subdivision.
STOPPED construction of the proposed subdivision next to Love Creek Elementary, saving a large area of old‑growth forest.
STOPPED construction of what would have been an eyesore nightclub/restaurant at the old Old Landing Golf Course (which, incidentally, would have been right across the street from my opponent’s residence).
Helped the community efforts that STOPPED construction of a new Royal Farms convenience store at the corner of Rt 24 and Angola RD that would have made traffic congestion in the area much worse than it already is.
Facilitated the efforts that increased new development buffers, introducing the procedural motion to make these new regulations into Sussex County Law.
Protected old‑growth forests by helping to make laws that significantly curtail the practice of clear‑cutting woodlands.
I’m also a trustee of the Sussex County Land Trust and a Board Member of the West Rehoboth Community Land Trust–and for Me, the Sussex Preservation Coalition is not just a vehicle for self-promotion. I was one of the first members of the Coalition and have continued to actively provide out-of-pocket financial support and creative publicity for the organization by sponsoring projects like high school essay contests.
Overdevelopment, infrastructure inadequacies, and threats to the natural beauty of our environment are problems that we’ve all inherited. Over the past three and a half years, I’ve taken every opportunity to reverse the course we’ve been on for far too long, and my record shows that. With your support, I will ardently continue to do so.
I’m NOT just a “One‑Issue Guy”
Like you, I’m a community member who cares deeply about our safety, well-being, and what kind of place our children and grandchildren will come to call home. My wife Ruby and I are both certified EMTs and active members of the Lewes Volunteer Fire Department. I will always support our police, firefighters, and emergency medical technicians, and be a tireless advocate for their funding and provisioning.
I’m thrilled and proud to have been endorsed by the Delaware State Fraternal Order of Police
I have also been and will continue to be a strong advocate for small businesses that are the lifeblood of our communities, and I’ll always be a voice for working men and women who create and maintain our quality of life.
And don’t we pay too much in taxes already? Fighting government waste and politically motivated misallocation of government resources will remain one of my top priorities. We must be fiscally responsible and our County government must live within its means.
As your County Councilman, I have worked to keep the 3rd District safe, livable, clean, and prosperous, and to preserve our community’s traditional charm and character. I have always been available to talk directly to any constituent who has something to say to the County Government. My goal is to continue to serve the people of the 3rd District with compassion, integrity, and dedication to creating a better and more sustainable tomorrow.
As for my opponent, I would ask voters to put two questions to her in earnest:
What SPECIFICALLY (key word) has Mark Schaeffer done over the past three and a half years that you would not have done, or would have done differently?
What SPECIFICALLY (again, key word) has Mark Schaeffer NOT done over the past three and a half years, that you would have done?
What voters will find, is that my opponent is unable to provide a concise and coherent answer to either of those questions. The fact is, my opponent has provided no specifics whatsoever in either her critique of my job performance or regarding her own plan and agenda. Her campaign is a transparent vanity project, and her entire message is grounded in ludicrous accusations based on absurd conspiracy theories. Now is not the time to be taken in by childish nonsense that insults the intelligence of our people. We need authentic leadership focused on the issues that matter to our community.
So, let’s keep our sleeves rolled up and continue to work to reclaim our future. I humbly ask for your support on election day, November 5, 2024.
All My Best
3rd District Councilman Sussex County, Delaware
Please Share & Help Spread the Word!
Early voting dates, times, and locations
Oct 25th-29th 11am-7pm
Oct 30th-Nov 3rd 7am-7pm
Margaret Rollins Community Center
101 Adam’s Ave Lewes DE 19958
Early Voting Center 8585 Coastal Hwy Rehoboth Beach DE 19971
The time has come to change Delaware back to a conservative State with a whole new administration. Mike Ramone has been a long term Delaware Legislator and is a superb businessman. He is what Delaware needs to maintain and grow the economy. Likewise Ruth Briggs King is ideal to be Delaware’s next Lt Governor. Ruth has tremendous Legislative and business experience as well.
The woke, dictatorial, and incompetent operation in Delaware involving everything from the Court System to loss of corporations and strong unemployment is a major problem. A new conservative government with Ramone and King at the helm is what Delaware needs.
Now that Biden is finished as a power broker and a clearly failed President, his influence over Delaware’s Democrat tax and spend system is no longer going to be effective and certainly opens the door for Ramone and King to win.
Folks, I urge you to vote for these outstanding candidates and “Make Delaware Great Again!”
As always, your feedback is welcome and appreciated.
Sincerely Yours,
JUDSON Bennett-Coastal Network
Opinion Happy Columbus Day — A New World??? Trump Jumps Ahead in Polls, Assassination Attempt on Trump Stopped
Dear Friends,
Happy Columbus Day– A new world???
Did you know Christopher Columbus, according to forensic experts, was a Spanish Jew? I wonder if the Hamas supporters and antisemitic protesters will riot against America once this becomes common knowledge?
As we are less than a month away from the election, races are heating up all over the country. Despite the vicious diatribes from Harris, Trump is now leading in the polls in all the battleground states. Harris is looking more and more like the empty suit she actually is!
On another note: Sheriff Chad Bianco of Riverside County, California, said “he may have prevented a third assassination attempt on former President Donald Trump after stopping a man at a road checkpoint who was allegedly in possession of an illegal firearm, or firearms, and fake rally passes.”
On Saturday, just before 5 p.m, deputies assigned to Trump’s security detail for his Coachella Valley rally stopped the driver of a black SUV, named Vem Miller, 49, half a mile from the rally entrance, according to a press release from the Riverside County Sheriff’s Office. Miller “was found to be illegally in possession of a shotgun, a loaded handgun, and a high-capacity magazine,” as well as fake press and VIP passes.
“We probably stopped another assassination attempt,” Bianco said, according to the New York Post.
The sheriff’s office said that Miller was taken into custody “without incident” and booked at the John J. Benoit Detention Center for “possession of a loaded firearm and possession of a high-capacity magazine.” He was released Saturday on $5,000 bail and is scheduled to appear at the Indio Larson Justice Center on Jan. 2, 2025.
That’s the way things are folks, as we celebrate another national Columbus day holiday.
As always, your comments are welcome and appreciated.
Untrue Accusations by Biden and Harris Saying Trump was Making Misrepresentations!!!
Dear Friends,
The obvious incompetence and outrageous actions by the Biden administration involving the spending of taxpayers money, especially through “Fema”, without prioritizing the coverage of possible natural disasters is being covered up by Biden in accusing Trump of misrepresenting the situation! Folks, nothing is further from the truth!
Fact: “FEMA” through a special Department has spent $1.5 billion of taxpayers money on illegal aliens–giving them food, money, housing, education, and transportation–when they should not be given anything!!! They are here illegally.
Fact: Homeland Security Secretary Mayorkas clearly stated on National Television that “FEMA” did not have enough money to make it through Hurricane season and would have to go to Congress for more funding!
Fact: The “FEMA” rescue efforts after Hurricane Helene for severely impacted people in North Carolina were significantly delayed as helicopters were ordered to stay on the ground in Jacksonville while people were desperate and dying without help. Elon Musk and the private sector were the only ones providing assistance.
Fact: “FEMA” clearly stated that each person would receive $750. Nothing more was said about this nebulous contribution. Interestingly, with no electricity or ways to communicate that would be extremely difficult, so Elon Musk provided Starlink, as the government did nothing.
Fact: Former President Donald Trump absolutely never stated anything to the contrary about these clear facts!!! This has been definitely verified completely.
This all be said, Biden again is lying to the American people in a desperate attempt to politicize these terrible national disasters and cover up his own incompetence and make Trump look bad. Donald Trump never misrepresented anything!
This has to be made absolutely clear and if you have any doubts, check it out yourself. Check it out, as I have done. What actually was said and done by the insipid Biden/Harris administration versus what was actually said and done by Donald Trump. You will see what nefarious liars Biden and his cohorts really are!!!
Folks, it is time to understand the truth and vote accordingly. Biden was the worst President in United States history and Kamala Harris and her communist VP candidate Tim Walz will be worse. Trump has the best platform and has been falsely maligned.
As always, your comments are welcome and appreciated.
On the eve of Hurricane Milton striking the Gulf Coast near Tampa and then moving across Florida to the Atlantic side, possibly going over Port St. Lucy and near Palm Beach, I have a few comments.
My cat and I are prepared, have plenty of food, water, candles and flashlights, just in case. My favorite Governor Ron DeSantis has got the state well organized and ready to take care of the damage, loss of power etc. especially in the Gulf Coast area as soon as the storm passes. He is in constant communication with “Fema” officials and President Joe Biden.
Interestingly, VP Kamala Harris attacked Florida Governor Ron DeSantis for not taking her phone call? He says “he never got her phone call”. He also said “she has never been involved in any weather related incident in Florida or elsewhere during her entire term as VP.” With the most dangerous storm in years approaching Florida with impending chaos, Harris wants to make it political.
Frankly, the whole Green New Deal fiasco where billions of taxpayer dollars are being wasted, while billions of dollars are being sent to Lebanon, Gaza, and for the benefit of illegal aliens, impeding proper and timely distribution of “Fema” funds that are sitting in different departments, needed for Hurricane Helene in NC and for future disasters, is beyond outrageous and shows the basic incompetence of the Biden/Harris administration.
The Democrats blame all the weather related incidents on the Republicans. Is it all Trump’s fault? Folks, it is beyond ridiculous. Indeed the Weather is now being politicized.
Dear Friends, Folks, I always appreciate your feedback and it came in faster than usual this week, as I struck a nerve with many of you. Here are the top 5 that came in from you about my column and the story below that pointed out that Delaware Governor John Carney is trying to stack the courts in what I clearly see as the cronyistic Delaware Way.
“It’s a last-ditch attempt by the outgoing governor. I thought he was above this kind of political fray, Judson.” – Susan M.
“As always, I appreciate your Delaware opinions about which I would know little without them. Hope all is well.” – Georgia P.
“I expected more from the Carney administration.”- Jonathan L.
“Once again, Judson, you are making something out of nothing. It’s annoying.” – Mike V.
“The next governor should do the picking, not Carney.”- Robert D.
See the story below and keep your feedback coming. I appreciate it, whether you agree or disagree.
Citizens for Judicial Fairness Slams Carney Administration for Using Republican Playbook, Calls on Delaware Legislature to Pause Judicial Confirmations Until 2025
September 25, 2024 08:36 AM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, following news that Arthur G. Connolly Ill, Chairman of the Delaware Judicial Nominating Commission sent out a Notice and Questionnaire for five key judicial posts across the State’s judiciary – including for Vice Chancellor of the Court of Chancery – Citizens for Judicial Fairness released the following statement:
“Just two weeks ago, over 120,000 Delawareans cast votes for candidates in Primary elections to decide who will lead this state in charting a course for a new day and an end to the broken Delaware Way.
“For the Judicial Nominating Commission to turn around and issue a Questionnaire for several openings in the judiciary is unconscionable. The Commission is effectively interviewing candidates for years-long appointments that would be appointed by a lame duck governor. This political gamesmanship is reminiscent of the Republican-led effort in 2020 to hastily fill Supreme Court Justice Ruth Bader-Ginsburg’s seat just a week before President Biden was elected.
“Though the general election is still a few weeks away, Delaware voters overwhelmingly rejected Governor Carney and Lieutenant Governor Hall-Long’s way of doing business. Waiting until the next administration to fill these posts – whether it is New Castle County Executive Matt Meyer or Delaware House Minority Leader Mike Ramone – is respecting the will of the voters.
“The legislature should pause all confirmations until 2025 when Delaware’s newly elected leaders are in office.”Urgent issueNoted, will checkOn it
OPINION
Dock Workers’ Strike Could Break America–Biden Could Fix It, But Won’t !
Dear Friends,
The “Long Shoremen” on the entire East Coast, the folks that load and unload ships have now entered the 3rd day of a strike which is already affecting the normal operation of importing and exporting goods.
As a retired ship’s pilot on the Delaware River, delivering everything from containers to bulk cargo to the ports of Philadelphia, nobody knows better than I how devastating a long term strike can be. Not only will it compromise the income of thousand’s of port workers, including agents, line runners, ship’s chandlers, pilots, tug boat companies, truckers and every aspect of port operations, but will affect financially the entire well being of the United States. Folks, the situation is a matter of National Security!
The leaders of this powerful Union have bragged about “how they can cripple the entire economy of the US if they don’t get what they want”, which is a 77 % wage increase over 6 years and no significant automation. Indeed, they have a point as shippers have made millions over the past several years. On the other hand, the dock workers make an average of $81,000 a year without a college degree and can make upwards of $200,000 per year with overtime. Some of the leaders responsible for the strike make $700,000 per year.
All this being said, President Joe Biden knew this problem was developing months ago and did absolutely nothing about it. He has the ability and power to facilitate negotiations and implement the “Taft Hartley Act” which will end the strike and force a significant cooling off period.
This strike, if it lasts more than 2 months, will totally interrupt the supply chain for every aspect of America’s operation. It will also have foreign implications, as many needed commodities are exported. The delivery of food, medicine, cars, auto parts, toys, alcohol, as just about everything comes by ship, will stop. Restaurants, car dealerships, and innumerable businesses will not be able to function. The demand for necessary goods will drive inflation off the charts. The shelves in super markets will be empty! A long term strike these days which closes our port operations could create a depression worse than 1929.
Biden says he won’t implement the Taft Hartley Act because he believes in “Collective Bargaining” !!! Folks there has not been nor is there now any “Collective Bargaining” going on. As usual the worst President in US history, doesn’t give a damn about the people of America and continues his incompetent policies to the extreme detriment of our country.
I urge every elected official and every person involved to put pressure on Biden to get both parties to the bargaining table and end this strike! If this does not happen soon, the consequences will be insurmountable.
Folks, this is reality and is the truth. As always, your comments are welcome and appreciated.
Respectfully submitted,
JUDSON Bennett-Coastal Network
OPINION
VP Debate — Vance vs Walz
Dear Friends,
I watched with interest the well advertised Vice President Debate between Vance and Walz.
Indeed it was not what I expected. I would say that Vance made the most logical points and Walz was all over the place, however his rhetoric was decent in response to the soft ball questions from the prejudiced moderators.
Frankly, the debate was “Milk Toast” with little vitriol. I was wondering if the two participants were going to kiss each other. Vance missed some opportunities to really nail Walz on his past and lies, but did not seize the day.
Walz was exposed for his China visits and exaggerations during the past protests.
The debate in my view was insignificant and won’t move the polls at all in the general election in the TRUMP/VANCE vs HARRIS/WALZ.
That’s the way I see it. As always your comments are welcome and appreciated.
Outgoing DelawareGovernor Carney Administration Trying to Stack Cronyistic Judges Before New Governor Takes Power
Dear Friends,
See the story below, which points out that Delaware Governor John Carney is trying to stack the courts in what I clearly see as the cronyistic Delaware Way. Pushback against that Delaware Way is exactly why I think Matt Meyer beat Bethany Hall-Long in this month’s Democrat Primary Election.
It’s a lame and corrupt effort by lame-duck governor Carney, in my view folks, to stack the deck with judges that his administration would pick even though the voters have already spoken. Either Democrat Governor candidate New Castle County Executive Matt Meyer or Republican Governor candidate Delaware House Minority Leader Mike Ramone should pick future judges.
See the story below and send your feedback on this. It is always welcome and appreciated.
Citizens for Judicial Fairness Slams Carney Administration for Using Republican Playbook, Calls on Delaware Legislature to Pause Judicial Confirmations Until 2025
September 25, 2024 08:36 AM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, following news that Arthur G. Connolly Ill, Chairman of the Delaware Judicial Nominating Commission sent out a Notice and Questionnaire for five key judicial posts across the State’s judiciary – including for Vice Chancellor of the Court of Chancery – Citizens for Judicial Fairness released the following statement:
“Just two weeks ago, over 120,000 Delawareans cast votes for candidates in Primary elections to decide who will lead this state in charting a course for a new day and an end to the broken Delaware Way.
“For the Judicial Nominating Commission to turn around and issue a Questionnaire for several openings in the judiciary is unconscionable. The Commission is effectively interviewing candidates for years-long appointments that would be appointed by a lame duck governor. This political gamesmanship is reminiscent of the Republican-led effort in 2020 to hastily fill Supreme Court Justice Ruth Bader-Ginsburg’s seat just a week before President Biden was elected.
“Though the general election is still a few weeks away, Delaware voters overwhelmingly rejected Governor Carney and Lieutenant Governor Hall-Long’s way of doing business. Waiting until the next administration to fill these posts – whether it is New Castle County Executive Matt Meyer or Delaware House Minority Leader Mike Ramone – is respecting the will of the voters.
“The legislature should pause all confirmations until 2025 when Delaware’s newly elected leaders are in office.”
OPINION
Dear Friends,
Despite her corruption and losing the primary to Matt Meyer, Bethany Hall-Long will still get to be Governor for two weeks, as Governor John Carney will be Mayor of Wilmington and must vacate on January 7. Folks, this political pundit thinks this is ridiculous and stinks to high heaven, but is the insipid Delaware law. Scroll down and read the story!!
As always, your comments are welcome and appreciated!
Delaware doesn’t inaugurate its governor until the third Tuesday in January, which this year falls on Jan. 21.
Under the Delaware Constitution, the lieutenant governor is first in line of succession if the governor resigns.
So come Jan. 7, Gov. Bethany Hall-Long will take the oath of office.
Lt. Gov. Hall-Long, addressing a candidates forum earlier this early, lost the Democratic gubernatorial primary but will still serve briefly as the state’s 75th governor. (Cris Barrish/WHYY)
And then on Jan. 21, the 61-year-old politician will be out of elective office for the first time since 2002, when she was first elected to the state House. Hall-Long later won a state Senate seat and has been lieutenant governor since 2017.
Though her gubernatorial tenure will be oh-so-brief, Hall-Long will be the second woman to occupy the office — the late Ruth Ann Minner held the post from 2001 to 2009. She’ll also enhance her family’s legacy: Ancestor David Hall was the state’s 15th governor, from 1802 to 1805.
Hall-Long will become the fourth Delaware lieutenant governor to be a placeholder governor under the resignation-for-a-new-office scenario.
Hall-Long would not agree to an interview about her future ascent to the role she has long coveted.
Instead, Hall-Long’s spokeswoman Jen Rini said in a statement, “As second-in-command in the state, she is ready to continue her duty to serve Delaware in all capacities constitutionally mandated.”
Carney also wouldn’t comment on his handpicked successor getting to occupy the office for two weeks.
OPINION
Dear Friends,
The irony of the story below is that Bethany Hall-Long’s campaign was dripping with potentially illegal problems, but she vows to battle PACs, which are legal!
“They bullseye’d me,” she cries and wants to bullseye PACs! Such irony, folks! How about you bullseye your own campaign and clean up your own potential illegal? Instead of targeting to clean up what IS legal!
The pro-corruption candidate loses and gets what she deserves. Please see the WMDT story below and send your feedback, which is always welcome and appreciated.
Bethany Hall-Long opens up about her loss in the primary, vowing to fight attack PAC funding
September 11, 2024 Rob Petree
DOVER, Del. – On the heels of Tuesday’s primary election, Delaware Lt. Governor Bethany Hall-Long is speaking out, vowing to limit the amount of individual contributions permitted to Political Action Committees (PACs) like the ones that attacked her, following her loss to New Castle County Executive Matt Meyer who won the Democratic primary for Governor.
Much of Hall-Long’s gubernatorial campaign was plagued with scandal over campaign finance issues.
Despite endorsements from Delaware’s current Governor John Carney, the Democratic Party, and many Democratic state lawmakers, Hall-Long ultimately lost to Meyer by about 9,000 votes.
When it comes to her loss, Hall-Long blamed the big pockets of Political Action Committees (PACs) that backed Meyer and funded an ad blitz attacking her candidacy.
“They bullseye’d me,” Hall-Long said. “I think viewing audiences across Sussex saw and heard a lot of those attacks that were false on me. There was no fraud, I didn’t break laws, and so I want those things changed so that no one has that experience in the future.”
In the midst of the attack blitz Hall-Long saw her support dwindle in the months and weeks leading up to the primary election. Polls consistently showed Meyer solidly ahead as the election neared. Now, reflecting back, Hall-Long maintains her innocence and vows to fight to prevent that kind of thing from happening to other candidates in future elections.
“A lot of television, media, and ads that basically were flat out false and lies and attacks personally on my family,” Hall-Long said. “I don’t want others to have that. I am someone who has grounded my life in service and uplifting the community and working through community on those important issues of food on the table, good solid education, and that’s what I wanted this campaign to be about, but it turned nasty.”
Hall-Long said she plans to work with the state legislature to implement limitations on the amount of money an individual can place into a PAC to prevent future attacks like the one she endured.
“I just want to make sure that in the future that limitations are placed on the amount of dollars that an individual can place into a PAC, or dark money, that individuals don’t know who’s contributing,” Hall-Long explained. “I do know that if Delawareans had the facts around, not only my race but sometimes other persons races, outcomes could be different.”
Moving forward, Hall-Long says she will continue to serve the people and that she’s thankful for the support received.
“I wanna make sure that I finish out strong as Lt. Governor,” Hall-Long told our Rob Petree. “I’ll continue to serve in other many fashions I’m sure in this state, and I really appreciate so much Rob, the opportunities to say thank you to those who have been there and been with me when I’ve been in service throughout the community.”
Hall-Long’s term as Lt. Governor ends in January.
Meyer will go on to face Republican State Rep. Mike Ramone in the General Election on November 5, 2024
OPINION
Bill Stevenson, Former Husband of Jill Biden, Published his Tell-All Book Showing the Intrinsic Evil of the Entire Biden Family!!!
“The BIDEN BROTHERS & JILL THE EARLY YEARS !”
is the name of the book.
It was an honor and my distinct pleasure to read this incredible expose’ on the Biden brothers written by Bill Stevenson, a remarkable Delaware Icon who was once married to Jill Biden.
Bill sent me 3 copies–one being the actual 25th edition which was my old football number. Joe Biden, without a doubt, is the worst President of the United States in our country’s history. He is a criminal along with his brothers. Besides their corruption, Joe Biden bribed the head of the Teamsters Union to withhold the delivery of the Delaware News Journal which was endorsing Caleb Boggs, the current US Senator when Joe Biden first ran for the Senate. According to Bill Stevenson, he actually funded that nefarious operation with $2900, besides donating 10K to Biden’s grotesque candidacy. Indeed he regrets that now!
Joe Biden thanked Bill by stealing his wife, arranging a false prosecution against him; attempted, with wife Jill, to take his business, and did everything he could to compromise Bill Stevenson’s life. Jill Biden and Joe lied to the nation about how they met. She claimed She and Joe met on a blind date when in fact they knew each other from the campaign. Jill is a cheater, a liar, and part of the despicable Biden operation. The evil in this family is totally exposed in Bill’s interesting story. Folks it is all true and the Bidens are definitely exposed for what they really are which is an abomination in my opinion
Folks, I urge you to read the book to obtain a full understanding of the entire phony, realistic, and despicable sense of the Bidens including Jill. Folks, they are not nice people!!!!
All this being said, Bill Stevenson asked me to advise my readers of the following: “ 95% of all the books already ordered have been shipped. If you wish to purchase his book, send a check for $27.95 to Bill Stevenson, P.O. Box 4242, Greenville, DE 19807. Books will be shipped within a week of receiving your check. Please make sure you enclose your name and address with your order.”
Folks, It is important in my view, before voting in the November election, you should read this book which tells what these nefarious politicians and greedy opportunists are really about. Harris/ Walz are absolutely of the same ilk–evil liars and empty suits with a Communist/Socialist agenda.
God bless Bill Stevenson for his guts, his acumen, his innovation, and his patriotism. READ THE BOOK and VOTE FOR TRUMP TO SAVE OUR NATION!
As always, your comments are welcome and appreciated.
Best regards,
JUDSON Bennett-Coastal Network
OPINION
Two Heinous Attempts To Kill Former President Donald Trump?!
Dear Friends,
I find it most disconcerting that the political rhetoric from the Harris/Walz campaign is definitely inspiring hate that obviously has stimulated 2 violent actions against Former President Donald Trump.
The vicious propaganda carried by the corrupt media re-enforcing the false diatribes is equally responsible. To say that “Trump is a danger to our Democracy”, is absurd, and obviously sets off the left- wing nut jobs. Indeed the extreme right has its crazies as well, so perhaps the Secret Service needs to step up its game, as Harris could be at risk as well!
All this combined with incompetent planning and leadership by the Secret Service has continually and disgracefully put Donald Trump at severe risk. To allow the close proximity of potential shooters when guarded individuals are supposed to be protected is outrageous and reeks of total incompetence. Interestingly, the Secret Service ultimately answers to Homeland Security, the Director of which is Mayorkis who was impeached by the House for his violation of our Border and Immigration laws! Unfortunately this yes man and abominable sycophant also controls the purse strings. There is much speculation that Trump’s needed security has been intentionally compromised by the political leadership on the left.
Folks, I pray and hope Donald Trump is reelected to the White House and he is able to remain safe from now on. As his son Eric said, “How many lives does my father have?”
That is all I have to say about that. As always your comments are welcome and appreciated.
OPINION Final 2024 Delaware Primary Election Results, As November Governor Race Await America’s First State
Dear Friends,
Many of you wrote in to ask for the final poll numbers in Delaware’s Primary Election Results. Here they are, folks.
For the Democrats, Matt Meyer received 48% of the vote, with Bethany Hall-Long coming in second with 36%, and Collin O’Mara coming in third. For the Republicans, Mike Ramone received 72% of the vote, ahead of Jerrold Price and Bobby Williamson.
We now look to November’s election results for our next Delaware Governor. America’s First State’s voters will decide. See the final tally on the election results in the WMDT story below. Your comments are welcome and appreciated.
DELAWARE – Results are coming in for Delaware’s Primary Election.
Results last updated at 10:25 p.m.
Governor
For the Democratic Party, Matt Meyer has been declared the winner by the Associated Press. He received just over 48% of the vote, with Bethany Hall-Long in a close second with 36% of the vote. Collin O’Mara received approximately 15%.
For the Republican Party, Mike Ramone has been declared the winner by the Associated Press with nearly 72% of the vote. Ramone beat out Jerrold Price and Bobby Williamson.
Lieutenant Governor
Kyle Evans Gay is leading with 48% of the vote. Sherry Dorsey Walker is in second place with just under 37%, and Debbie Harrington holds just under 15%.
U.S. Representative
For the Democratic Party, Sarah McBride has been declared the winner by the Associated Press, taking 81% of the vote. Earl Cooper received 15% of the vote, while Elias Weir took 3.6%.
For the Republican Party, John J. Whalen III has been declared the winner by the Associated Press, winning by a slight margin of 55% versus Donyale Hall’s 45%.
Insurance Commissioner
Trinidad Navarro is leading with just under 74% of the vote, with Kayode Abegunde at 26%.
District 18 State Senate
Dave Wilson leads with just over 75%, while Robert “Bob” Reed holds approximately 24%.
District 14 Representative
Claire Snyder-Hall is in the lead with just under 42% of the vote, with Marty Rendon in second at just under 32%, and Kathleen McGuinness in third with nearly 27% of the vote.
District 20 Representative
Stell Parker Selby holds just over 83% of the vote, with Brian P. Jenkins holding just under 17%.
District 29 Representative
William Bush currently holds the lead with 56% of the vote, while Monica Shockley Porter is in a close second with 43% of the vote.
District 34 Representative
Tracey M. Miller holds the lead with nearly 68% of the vote, with Ade Adewunmi Kuforiji holding approximately 32%.
District 36 Representative
Brian Shupe holds a slight lead with just over 50% of the vote. Patrick Smith currently sits at 49.76%.
Sussex County District 1
Matt Lloyd holds the lead with 57% of the vote, while Mike Vincent holds approximately 38%, and Christie Shirey has roughly 4%
Sussex County District 2
Steve McCarron holds the lead with nearly 58% of the vote, with Cynthia Green in second with just under 42%.
This article will be updated throughout the evening with the latest results.
OPINION
Trump Had a Difficult debate? America’s First State Lines up Meyer vs. Ramone in Delaware Governor Race!
Dear Friends,
Donald Trump appeared angry and made some silly statements (“South American gangs eating cats and dogs in Springfield, Ohio?”), while Harris was well prepared. She gave a whole bunch of misleading statements, while she won the smirking contest. Unfortunately, Harris now leads in the polls and could win. The country is on a cliff and could fall into the political abyss? Socialism will be a disaster for our economy.
In Delaware, Meyer won the Democratic nomination. Ramone is now the Republican candidate.
So be it—America’s First State and the nation will decide.
That is all I have to say about that. And your comments are welcome and appreciated.
Delaware Primary is Today, Here is Your Valuable Delaware Primary Coastal Network Feedback, Folks!
Dear Friends,
Today is the day for Delaware’s primary. Get out and vote! The polls are open until 8 p.m.
Here are a few of the feedback notes I’ve received from so many of you during primary season!
Ruth Briggs King who is running for Delaware Lt. Governor, along with Mike Ramone as the Republican Candidate for Governor, wrote in to share her thoughts on the race:
“They’re saying Mike and I stand the best chance to lead Delaware forward. We [will] appoint new agency leaders and judges. Delaware has been subject to rule and perpetuated the status quo for too long! It’s exciting to think we can make a difference!”
Ruth, I think this is the best chance in decades that the Republicans can take the Governor race. Good luck to you and Mike, today!
Reader Georgia P. wrote about the Republican’s chance to win: “You’re the Delaware expert. Would be great to see it flip!”
Reader Phil R. also wrote about the Republican’s chance to win: “In my view your summary of the candidates is right on. This may be our year, especially since Joe had “dropped out” which may lower the Dems turnout.”
Reader James R. wrote about the Dems: “Hall-Long will see this race stolen from her by Meyer, which would be ironic and fitting.”
Reader Rob P. wrote about the Dems: “Meyer has taken the lead and deserves to win. Delaware cannot have Hall-Long in this race.”
On the Democrat side, I see Matt Meyer taking the nomination as the Democrat candidate for Governor, especially considering Bethany Hall-Long’s controversial problems.
I urge the election of Mike Ramone as the Republican Candidate for Governor and Ruth Briggs King for Lt. Governor. Let’s see how this plays out.
I appreciate your feedback, folks. It’s valuable and agree or disagree, always welcome.
Delaware Primary is Tomorrow, Get out and vote, folks!
Dear Friends,
Tuesday, September 10th is Delaware’s primary. The polls are open from 7 a.m. to 8 p.m. Democrats can only vote for Democrats and Republicans can only vote for Republicans. Independents can’t vote in the primary.
Although it may be easier for Ramone to beat Bethany given her allegedly extensive corruption, I believe Matt Meyer will win and he is a better choice. Bethany seems cut from the same cloth as Chancellor Andre Bouchard, Leo Strine and John Carney, a dark chapter in Delaware’s history that should be brought to a close as we look forward.
I urge the election of Mike Ramone as the Republican Candidate for Governor and Ruth Briggs King for Lt. Governor.
There are innumerable problems in Joe Biden’s home state of Delaware and the election of Ramone and King is indeed possible!
Regardless, Get out and vote folks.
Best regards,
JUDSON Bennett-Coastal Network
OPINION
Delaware Governor Race: Vote for Matt Meyer, Not Bethany Hall-Long; Year of Republicans in Delaware! Dear Friends,
Hi folks, both of these Democrats running for Governor are not what we need as our state’s leader in my opinion. It’s a lame lineup of choices on the Democrat side of the Delaware Governor race. If you have to vote for one of these Democrats, Matt Meyer, I think is a better choice than Bethany Hall-Long, who is totally compromised in my book.
Then in the general election in November, vote for Mike Ramone, who has served in the General Assembly for many years! There is no doubt that Delaware needs someone who understands how to operate our state like a business. Mike Ramone is that special candidate. Get ready, folks, this could be the year the Republicans win this thing and win back the Governorship in Delaware!
Please see the Delaware News Journal story below and send me your feedback, which is always appreciated and valued here at the Coastal Network.
Meyer promises to focus on people vs. special interests in Delaware governor’s race
Amanda Fries
Delaware News Journal
Sept. 1, 2024
When it comes to how the Delaware government currently operates, there’s a focus on “inputs rather than outputs,” New Castle County Executive Matt Meyer said.
If elected as the First State’s governor, the frontrunner in this year’s gubernatorial race said he’d like to change that.
“It takes elected leaders who understand that our job, and my job, is to represent the people who don’t have a seat at the table, who don’t have a moneyed special interest in some decision making,” Meyer told Delaware Online/The News Journal’s editorial board on Wednesday.
Meyer is ahead of his Democratic challengers Lt. Gov. Bethany Hall-Long and former state environmental secretary Collin O’Mara in the latest polls as Delaware’s primary election draws near.
A poll paid for by the Citizens for a New Delaware Way PAC and completed by Slingshot Strategies the week of Aug. 8 shows Meyer polling at 27% ahead of Hall-Long’s 23% and O’Mara’s 11%. That poll showed 31% of respondents were still undecided.
A more recent poll shared with Delaware Online by O’Mara, which was conducted by Trailblazer Opinion Strategies on the governor’s race and released Aug. 27, shows Meyer at 33%, sweeping both Hall-Long’s 19% and O’Mara’s 17%.
There are also three Republicans vying for the GOP line for governor: state House Rep. Mike Ramone, former New York City police officer Jerrold Price and lifelong Bridgeville resident Bobby Williamson.
Meyer, whose election to county executive in 2016 was his first foray into elected office, promised to tackle education reform; address affordability in health care, housing and child care; and pursue “big, bold” steps on a state-level, among other efforts.
Here are the takeaways on what a Meyer administration would look like if he’s elected as Delaware governor:
A medical school in Delaware
Managing Delaware’s most populous county during a global pandemic taught Meyer something – areas with medical schools seemed to have a “leg up” in the health crisis, he said.
It’s why early in his candidacy as governor he proposed creating a medical school in the First State.
“We need a hub to attract and retain medical talent in our area,” Meyer said. “I’m a strong believer in a medical school.”
While it’s not something that could be completed “on day one,” Meyer said they’ve priced out what a venture like this would cost and depending on budgetary considerations, the county executive believes, if he’s elected, they could break ground within his first term.
Kent, Sussex counties ‘getting a raw deal’
As New Castle County executive, Meyer said he recognizes the development problems that can arise within a community.
While New Castle County has had “growth issues in Middletown,” he said those issues “pale in comparison to what they’re seeing in Kent and especially Sussex County.” He said the southern Delaware counties are “getting a raw deal.”
As Delaware governor, Meyer said he’d want to develop a “comprehensive plan that’s inclusive of public views” and has “some enforcement mechanism.”
A relatively new political action committee backed by Sussex County developers has popped up in this year’s elections, raising concern that special interests could sway local elections, according to Spotlight Delaware.
The PAC, called Preserve Sussex, holds about $75,000 in its coffers ahead of the Sept. 10 primary election, which is nearly three times more than the leading county council candidate has raised, Spotlight reported Aug. 26.
“We can’t just let the deepest pocketed individuals control the future of our communities,” Meyer said. “We need smart growth.”
Not ‘beholden’ to any one donor
Even though Meyer’s campaign has far surpassed his Democratic opponents with nearly $1.6 million in his war chest, according to the latest campaign finance reports filed with the Delaware Department of Elections, the county executive said he’s not “beholden” to any one donor.
Meyer has faced criticism for receiving donations from local developers and Republicans, but he pointed out that he’s received “nearly 10,000 contributions” with about 80% of them from Delawareans.
“It’s not hard when you have 10,000 contributions to find one or two or three or five people and build a narrative,” he said. “But to say I’m beholden to that person among 10,000 contributions in any way is kind of crazy.”
Easier access to public records
If elected governor, Meyer said he would also look to expand and provide easier access to public records.
Delaware’s Freedom of Information Act (FOIA) law outlines how government and public entities must go about providing access to public information, but it also provides several exemptions that Delaware governments are fond of using to block access.
“I think we need a FOIA-type open checkbook,” Meyer said. “I think there’s a certain set of documents we should talk about and say we have an obligation to put (them out) just like meeting minutes.”
Those records could include pertinent emails or letters from other department heads and government agencies, he said.
“It’s something that as a Delawarean really pisses me off,” Meyer said about government transparency. “Like the unavailability of data about lead exposure to our children in schools is absolutely unacceptable.”
OPINION
Delaware Governor Hopeful Matt Meyer Ahead of Democratic Challengers, Including Bethany Hall-Long, As Delaware Primary Election Draws Closer!
6 days Left to Get Rid of Bethany Hall-Long and Her Cronies
Dear Friends,
Folks, Delaware Governor candidate Matt Meyer is ahead of his Democratic challengers, Including Bethany Hall-Long and Collin O’Mara, as the Delaware Primary Election edges closer.
Please see the Delaware News Journal story below and send me your feedback, which is always appreciated and valued here at the Coastal Network.
Meyer promises to focus on people vs. special interests in Delaware governor’s race
Amanda Fries
Delaware News Journal
Sept. 1, 2024
When it comes to how the Delaware government currently operates, there’s a focus on “inputs rather than outputs,” New Castle County Executive Matt Meyer said.
If elected as the First State’s governor, the frontrunner in this year’s gubernatorial race said he’d like to change that.
“It takes elected leaders who understand that our job, and my job, is to represent the people who don’t have a seat at the table, who don’t have a moneyed special interest in some decision making,” Meyer told Delaware Online/The News Journal’s editorial board on Wednesday.
Meyer is ahead of his Democratic challengers Lt. Gov. Bethany Hall-Long and former state environmental secretary Collin O’Mara in the latest polls as Delaware’s primary election draws near.
A poll paid for by the Citizens for a New Delaware Way PAC and completed by Slingshot Strategies the week of Aug. 8 shows Meyer polling at 27% ahead of Hall-Long’s 23% and O’Mara’s 11%. That poll showed 31% of respondents were still undecided.
A more recent poll shared with Delaware Online by O’Mara, which was conducted by Trailblazer Opinion Strategies on the governor’s race and released Aug. 27, shows Meyer at 33%, sweeping both Hall-Long’s 19% and O’Mara’s 17%.
There are also three Republicans vying for the GOP line for governor: state House Rep. Mike Ramone, former New York City police officer Jerrold Price and lifelong Bridgeville resident Bobby Williamson.
Meyer, whose election to county executive in 2016 was his first foray into elected office, promised to tackle education reform; address affordability in health care, housing and child care; and pursue “big, bold” steps on a state-level, among other efforts.
Here are the takeaways on what a Meyer administration would look like if he’s elected as Delaware governor:
A medical school in Delaware
Managing Delaware’s most populous county during a global pandemic taught Meyer something – areas with medical schools seemed to have a “leg up” in the health crisis, he said.
It’s why early in his candidacy as governor he proposed creating a medical school in the First State.
“We need a hub to attract and retain medical talent in our area,” Meyer said. “I’m a strong believer in a medical school.”
While it’s not something that could be completed “on day one,” Meyer said they’ve priced out what a venture like this would cost and depending on budgetary considerations, the county executive believes, if he’s elected, they could break ground within his first term.
Kent, Sussex counties ‘getting a raw deal’
As New Castle County executive, Meyer said he recognizes the development problems that can arise within a community.
While New Castle County has had “growth issues in Middletown,” he said those issues “pale in comparison to what they’re seeing in Kent and especially Sussex County.” He said the southern Delaware counties are “getting a raw deal.”
As Delaware governor, Meyer said he’d want to develop a “comprehensive plan that’s inclusive of public views” and has “some enforcement mechanism.”
A relatively new political action committee backed by Sussex County developers has popped up in this year’s elections, raising concern that special interests could sway local elections, according to Spotlight Delaware.
The PAC, called Preserve Sussex, holds about $75,000 in its coffers ahead of the Sept. 10 primary election, which is nearly three times more than the leading county council candidate has raised, Spotlight reported Aug. 26.
“We can’t just let the deepest pocketed individuals control the future of our communities,” Meyer said. “We need smart growth.”
Not ‘beholden’ to any one donor
Even though Meyer’s campaign has far surpassed his Democratic opponents with nearly $1.6 million in his war chest, according to the latest campaign finance reports filed with the Delaware Department of Elections, the county executive said he’s not “beholden” to any one donor.
Meyer has faced criticism for receiving donations from local developers and Republicans, but he pointed out that he’s received “nearly 10,000 contributions” with about 80% of them from Delawareans.
“It’s not hard when you have 10,000 contributions to find one or two or three or five people and build a narrative,” he said. “But to say I’m beholden to that person among 10,000 contributions in any way is kind of crazy.”
Easier access to public records
If elected governor, Meyer said he would also look to expand and provide easier access to public records.
Delaware’s Freedom of Information Act (FOIA) law outlines how government and public entities must go about providing access to public information, but it also provides several exemptions that Delaware governments are fond of using to block access.
“I think we need a FOIA-type open checkbook,” Meyer said. “I think there’s a certain set of documents we should talk about and say we have an obligation to put (them out) just like meeting minutes.”
Those records could include pertinent emails or letters from other department heads and government agencies, he said.
“It’s something that as a Delawarean really pisses me off,” Meyer said about government transparency. “Like the unavailability of data about lead exposure to our children in schools is absolutely unacceptable.”
P. J. McGuire, Vice President of the American Federation of Labor, is frequently credited as the father of Labor Day in the United States.
Beginning in the late 19th century, as the trade union and labor movements grew, diverse groups of trade unionists chose a variety of days on which to celebrate labor. In the United States, a September holiday called Labor Day was first proposed in the early 1880s.
Today, many of you will be having barbecues with family and friends and enjoying an extra day off. Indeed I hope the tradition remains, especially in the wake of these crazy inflationary times as folks are struggling to make ends meet.
Recently Hamas executed 6 hostages, as the Harris/Walz camp urges an Israeli cease fire. Inflation is off the charts. The Southern border is wide open as millions of illegal aliens pour into our country. They get money, free housing, free medical, free cell phones, free clothes, and are provided free transportation anywhere they want to go all at the taxpayers’ expense. This has been developed in its entirety by the Biden/Harris administration. Now do you want to elect Harris as President of the United States?
Folks we must elect Donald Trump as President or we won’t be having anymore Happy Labor Days?
Regardless, on behalf of the Coastal Network which now reaches over 20, 000 people, I wish you a happy Labor Day and hope we have many more.
Lieutenant Governor Bethany Hall-Long Has Another Corruption Scandal in Her Run for Delaware Governor
Dear Friends,
Lieutenant governor Bethany Hall-Long has yet another corruption scandal. This time, the state Attorney General is calling her out on what’s happening with a $250 million opioid fund under her watch. Given all of Hall-Long’s troubles, it’s amazing to me that the Carney clown car hasn’t disowned her yet. But that will just make what this state really needs–Republican leadership–more possible in the general election. You do wonder why the Dems are clinging so desperately to this accused law breaker?? Hmmm…
Delaware is again the butt of jokes, as is the worst run governor campaign in the country. Please see the article below, and as always, your feedback is welcome and valued.
AG office demands monitoring reports for $250M opioid fund
by Nick Stonesifer August 28, 2024
The Delaware Attorney General’s office sent a letter late last week to the lieutenant governor’s staff demanding access to information about the state’s $250 million opioid relief fund.
The state’s chief prosecutor first sought access to monitoring information during a meeting more than nine months ago with the lieutenant governor, and has yet to receive those records for any awardees, according to a letter obtained by Spotlight Delaware.
The Prescription Opioid Settlement Distribution Commission, which is managed by the lieutenant governor’s office, oversees monitoring and applications for the state’s $250 million opioid settlement.
Delaware’s opioid relief fund is derived from hundreds of millions of dollars that the state secured in past years from legal settlements with prescription opioid producers, distributors and pharmacies.
Although Attorney General Kathy Jennings is a co-chair of the commission, she does not have access to monitoring information surrounding more than $13 million in grants awarded to Delaware addiction service organizations, according to the letter sent Friday by State Solicitor Patricia Davis, who heads the Delaware Department of Justice’s Civil Division.
Even after a meeting in July with Lt. Gov. Bethany Hall-Long, Delaware Prescription Opioid Settlement Distribution Commission Executive Director Susan Holloway and the chief deputy attorney general, Jennings has yet to get access to monitoring software used to track grant recipients.
“As co-chair of the POSDC, the Attorney General is entitled to access the books and records of the Commission,” Davis wrote.
According to a statement from its office, the DOJ has yet to receive that access for any of the grantees.
When asked if the DOJ would pursue any further actions if it did not get grant reports, the office said it’s “dealing with the facts as they stand at present [and] won’t speculate.”
A spokesperson for Hall-Long’s office shared a response letter from Holloway to Davis with Spotlight Delaware. The letter, dated Tuesday, said a request had been made in November for the DOJ to get access to the monitoring software, but that there was never any follow-up from the DOJ’s office.
“It is important to note that this discussion/request occurred almost a year ago and there has been absolutely no communication from you regarding not receiving access to Salesforce since that time,” Holloway wrote.
Holloway added that another request to get the DOJ a license to the software was made on Monday and is “in process.” When it comes to the July meeting, Holloway wrote that obtaining licenses for the software was “not addressed during [their] discussion.”
The lieutenant governor’s office and attorney general’s office have been sparring for months over the future of the opioid settlement funds and how they are managed. The two statewide leaders are co-chairs of the commission, but their arguments have spilled into the open at a time when Hall-Long is engaged in a competitive primary race for the Democratic gubernatorial nomination.
While Jennings is not running for office this year, she formerly served as chief administrative officer under New Castle County Executive Matt Meyer, the foremost opponent in Hall-Long’s campaign, drawing claims that the opioid fund fight has been politicized.
The management of Delaware’s opioid funds has been under scrutiny since late June, when Jennings released a letter calling for a freeze on future grants until further oversight could be provided on the program.
In the letter, Jennings warned the program was “rife with potential for fraud, waste, and abuse.” Another letter from State Auditor Lydia York said the office had “reason to believe” Code Purple Kent County, a Dover-based nonprofit, secured its funding using “fraudulent documentation.”
The state auditor’s office has since opened audits into 12 more recipients, although it has emphasized that those reviews are not predicated by suspicion of wrongdoing but instead are a snapshot review of the program’s oversight.
Meanwhile, an independent Wilmington consulting firm, Social Contract, has been hired by the POSDC to complete a report about the industry of addiction resource companies in Delaware to further guide future grant distribution.
Jennings’ letter was decried by members of the Behavioral Health Consortium and different addiction services nonprofits, with one nonprofit leader calling it a “witch hunt.”
The acrimony over the distribution of settlement funds comes at a time when the state can ill-afford to waste resources.
Delaware ranked fourth in the nation when it came to per-capita overdose deaths in 2022, according to the U.S. Centers for Disease Control and Prevention data.
The First State saw 527 overdose deaths in 2023, according to a report from the Delaware Division of Forensic Science – a small decrease from 2022’s 537 deaths. Overdose deaths dropped in both Sussex and New Castle counties, but Kent recorded a 33% increase.
OPINION
Possibility of Harris and Walz Being Elected Terrifying–Kennedy a Factor!
Dear Friends,
I was very concerned about Biden being reelected, however now the possibility of the Harris/Walz team being in power is terrifying. Folks, these people are clear Socialists and intend to control every aspect of our lives. They will destroy the economy with price controls, giveaways, and open borders!
Can you imagine giving illegal aliens free health insurance and social security, giving them free housing, free college, and much more, while American citizens live in poverty.
Many years ago Nikita Khrushchev the former head of the Old Soviet Union said the US would become a Communist Country from within. When the State owns everything and controls everything while a few at the top bask in total power, it is all part of Communism and once we tamper with the Constitution, life will never be the same!
The RFK, Jr endorsement of Trump is very significant. The way the Democrats handled his involvement should show how they operate and their real intentions. They actually thwarted the Democratic process. I believe now that Kennedy is coming forward in support of Trump, despite losing the support of family and friends is quite remarkable. It could move the vote by one or two points in Trump’s favor.
Folks, we are on the edge of a huge cliff. If Harris and Walz prevail, life will never be the same. If Trump and Vance win we will prosper.
Much more to come with specifics and details as we close in on the most important election in our history this November.
As always your comments are welcome and appreciated. Please stay tuned.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
The Associated Press story below shows Delaware election officials communicated with aides in Lt. Gov. Bethany Hall-Long’s office last year, amid a scandal involving her campaign finance reports. Criminal charges have been discussed for campaign finance violations uncovered in a forensic audit by a former FBI executive.
In my view, this should not be tolerated by the voters when a candidate is running for governor, folks! That being said, Hall-Long in the primary is up against New Castle County Executive Matt Meyer and former state environmental secretary Collin O’Mara for the Democratic nomination for Governor. If Bethany Hall-Long does win the primary, the situation could prove to be interesting and could help Republican Mike Ramone in the General Election in his bid for Governor?
See the story below and keep your feedback coming, folks. Agree or disagree, they are always welcome.
Emails obtained by The Associated Press show that Delaware election officials communicated with one or more aides in Lt. Gov. Bethany Hall-Long’s office last year amid a scandal involving her campaign finance reports
By RANDALL CHASE Associated Press
August 23, 2024, 2:18 PM
DOVER, Del. — State election officials in Delaware communicated directly with one or more aides in Lt. Gov. Bethany Hall-Long’s office last year amid a scandal involving her campaign finance reports, according to emails obtained by The Associated Press.
The emails show that Elections Commissioner Anthony Albence, a fellow Democrat, wanted to keep Hall-Long’s office apprised of queries by the AP about amendments to years of campaign finance reports in which Hall-Long failed to disclose hundreds of thousands of dollars in loans.
Albence and Attorney General Kathleen Jennings, also a Democrat, have said they will not pursue criminal charges against Hall-Long or her husband for campaign finance violations uncovered in a forensic audit by a former FBI executive.
Hall-Long is seeking the Democratic gubernatorial nomination in the Sept. 10 primary. She faces New Castle County Executive Matt Meyer and former state environmental secretary Collin O’Mara.
On Oct. 23, the AP emailed election officials with questions about apparent errors in amended filings by Hall-Long. Citing technical issues, officials sent a follow-up response the next day — while also alerting a top aide in Hall-Long’s office.
“FYI,” Albence wrote in an email to Andrew Volturo, strategic advisor for policy and special projects in the lieutenant governor’s office. The email was sent to Volturo’s Gmail account, not his state government account. It’s unclear how Albence knew Volturo had a Gmail account.
Later that day, Albence directed his staff to send Volturo another update.
“Would you like to let Drew V. know about these updates, so that he is aware?” he wrote in an email to Patrick Jackson, campaign finance manager for the department. Frank Broujos, the deputy attorney general from Jennings’ office assigned to the Department of Elections, was copied on the email.
“Called Drew, who’s now in his happy place,” Jackson responded minutes later. Broujos was also copied on that email, as well as Albence’s reply.
Volturo has previously rebuffed questions from the AP about Hall-Long’s campaign finances, implying he had no involvement in or knowledge about the campaign. He did not respond to emails Thursday.
In November, Jackson informed Albence that Hall-Long and her new campaign treasurer had been advised that they should meet with Albence “to lay things out to you directly.”
“You may, for Caesar’s Wife reasons, want to stay at arm’s length or you may want to hear it … straight from Bethany’s mouth,” Jackson wrote. Jackson’s reference was to ancient Roman accounts of Julius Caesar’s divorce, with the ruler explaining that Caesar’s wife must be “above suspicion.”
After learning of the emails in response to a November FOIA request, the AP submitted another FOIA request in May for all election department communications with six specific employees in Hall-Long’s office, including Volturo. The department said it had no responsive records.
The AP filed a petition with Jennings’ office challenging that assertion, given the records of communications with Volturo it had already obtained. Despite having been copied on those emails, Broujos maintained that the department had no responsive records regarding communications with Hall-Long’s office.
Broujos acknowledged, however, that an election official and someone in Hall-Long’s office had a series of “casual conversational text messages on the department employee’s personal cell phone that were elections-related.” The elections department asserted that the texts were not public records because they were not part of the election official’s job duties, were not done at the direction of a supervisor, and were not necessary to discharge the official’s duties.
In an opinion last week, Jennings’ chief deputy sided with the elections department, describing its records search as both “extensive” and “adequate.”
Meanwhile, Albence assured Hall-Long last month that he would not seek criminal charges in the wake of the forensic audit he commissioned. The audit found that Hall-Long and her husband, Dana Long, had received payments totaling $33,000 more than what she purportedly loaned to her campaign.
It also found that, during seven years as campaign treasurer, Long wrote 112 checks to himself or cash, and one to his wife. The checks totaled just under $300,000 and should have been reported as campaign expenditures. Instead, 109 were not disclosed in finance reports, and the other four, payable to Dana Long, were reported as being written to someone else.
Hall-Long has disputed the audit’s findings and described the reporting violations as simple bookkeeping mistakes.
Under Delaware law, anyone who knowingly files a campaign finance report that is false in any material respect is guilty of a misdemeanor. Jennings has said one reason she won’t prosecute is that a defense attorney could credibly attribute the reporting violations to “carelessness.”
Albence did tell Hall-Long she needed to take “prompt corrective action” by filing amended finance reports. But Hall-Long has said those reports may not be filed before the primary. Albence’s office refused to say last week whether he will allow Hall-Long to hide the reports from voters until after the election.
OPINION
Dear Friends,
Here’s the “Fantasy World” YouTube video, in case you missed it, folks:
Bethany Hall-Long heads the Delaware Democrat party for Governor race as, in essence, a reported criminal as their leader. So many questionable issues surround her campaign, including staff leaving, money going to her husband and her lieutenant governor staff illegally working on her campaign on government-funded time. The list goes on and on, folks.
I hope she wins, so Republicans can finally take back the governor’s office, and inject some adult behavior into bratty latte liberals that wield the power in our state.
Here is some of the feedback you’ve been generously sending in. Keep it coming! It’s always appreciated.
“Meet the new boss, same as the old boss. The Delaware way will not change without a calamity that makes its voters realize they have been voting improperly.” – Eric B.
“This is just plain funny, Judson. And sad but true, all at the same time. – Susan O.
“She seems like the status quo for Delaware. Corruption-riddled people are given power. Power gets abused. No one pays the consequences in Delaware.” -Frank C.
“It’s time for her to exit the race. Plain and simple, as you would say, Judson.” -Bobby W.
“I agree with you that with Bethany Hall-Long in the race, the Republicans have the best chance of winning the Governor race in decades!” -Sam N.
“I think you are missing the political crimes of others in the race, and focusing solely on her crimes.” -Samantha Z.
“Who knew that Delaware was full of crooked politicians, said absolutely no one, ever.” -Jonathan M.
“Enough about her and her shenanigans, Judson. What about the other candidates in this race!” -Chris F.
I give Phil Shawe, the Founder of TransPerfect, a lot of credit for continuing to shed light and root out corruption on Delaware’s Chancery Court. He has already won his company back, so there’s nothing more for him to gain–yet he continues to educate the public.
Of course, I think he’s right that Bethany Hall-Long’s crooked capers should disqualify her from being governor, but establishment Delaware democrats want her in that role, even if she “creates receipts” to fool auditors.
See below what Shawe told to the News Journal (which I heard he was buying). Send me your feedback, folks, it’s always appreciated.
Delaware’s business community can thrive when we embrace a new Delaware Way
Phil Shawe Special to the USA TODAY Network
For the past century, Delaware has been widely recognized as the incorporation capital of America, if not the world over. This reputation was largely gained owing to its swift, tempered and predictable administration of justice through the Chancery Court — a system that has attracted countless entrepreneurs and corporations seeking a favorable business environment for growth. Drawn by these perceived advantages, I too moved my company’s corporate home to Delaware in 2007.
In theory, Delaware’s benefits should be shared equitably among all stakeholders, including owners, employees, directors and the broader business community. However, in recent years, reality has diverged significantly from this ideal. Delaware’s legal system has increasingly favored a wealthy, insular group of attorneys and firms, often referred to as the “old boys’ club.” My own experience underscores this shift. When the Chancery Court seized control of my company, I found myself powerless against the entrenched Delaware Way, which ultimately harmed my employees and disregarded broader principles of American fairness.
Today’s Delaware is governed by an unelected and omnipotent Chancery Court that no longer serves the interests of the masses — entrepreneurs, employees nor marginalized communities. Instead, it benefits a small circle of judges, law firms and lawyers who make billion-dollar decisions with no accountability. This system is fundamentally flawed and needs urgent reform.
To address these issues, I co-founded the political action committee Citizens for a New Delaware Way. Our goal is to advocate for new leadership and reforms that will restore Delaware’s business edge, rebuild public trust, and support both the middle class and less fortunate communities. The story of my business is just one example of how Delaware’s system is biased and ripe for abuse and corruption. Since 2015, my $1.2 billion company that I founded in my grad school dorm room in 1992 has been trapped in a protracted legal battle with the Chancery Court. We narrowly avoided disaster in 2016 when the court sought to force us into a merger with a major competitor, a move that enriched insiders, but jeopardized the jobs of thousands of American workers. This situation highlights the inherent dangers of Delaware’s current system and underscores the need for significant reforms.
One essential change necessary is the random assignment of cases. Currently, the chancellor personally assigns cases, which can lead to bias and self-interest, especially in a small state where the legal community is closely knit. Federal courts across the U.S. use random case assignment to avoid such issues and there is no legitimate reason Delaware should not follow suit. Additionally, Chancery Court proceedings lack transparency: there are no cameras or audio recordings, and obtaining transcripts is nearly impossible. Courts are meant to be public and transparent, yet Delaware’s system operates opaquely, with minimal oversight, making it ripe for abuse of power and potential corruption.
Reform is not limited to the judiciary; it also extends to the political realm. Recently, Bethany Hall-Long, a prominent political figure, was implicated in a scandal involving more than $200,000 in questionable payments from her campaign to her husband. An investigation revealed a note from Hall-Long instructing the “creation” of receipts for these payments. Such conduct is unacceptable for anyone managing a $6 billion state budget.
Citizens for a New Delaware Way has not yet endorsed any candidate for governor, but stands firmly against any campaign tainted by corruption and led by individuals who prioritize the political elite over the public. We are committed to exposing Hall-Long’s financial misconduct and highlighting the detrimental impact her potential administration could have on Delaware.
The time for reform is now. Delaware needs a new era of leadership grounded in integrity and fairness. We must elect a governor who rejects the status quo, is accountable to all Delawareans, and is committed to rooting out corruption. Only through such leadership can we ensure that Delaware’s future is bright and prosperous for everyone — businesses and residents alike.
The best days for Delaware are ahead but achieving them requires significant change. By establishing a New Delaware Way, we can restore our state’s reputation, support a thriving business environment and build a fairer, more equitable society. The journey toward reform starts with integrity in leadership, and it is up to us to ensure that we make the right choices for Delaware’s future.
Phil Shawe is the CEO of TransPerfect.
OPINION
Bethany Hall-Long Featured in “Fantasy World” Ad From Citizens for a New Delaware Way
Dear Friends,
Bethany Hall-Long has never looked better! Check out this “fantasy world” ad taking issue with her and her husband looting money donors as it was her own personal piggy bank, in direct contradiction to Delaware campaign finance laws. She obviously cannot manage her own campaign’s bank account, so why should she be governor? Truth is stranger than fiction, folks.
See the ad below from the Citizens for a New Delaware Way. Send me your feedback. It’s always appreciated. Respectfully Yours,
With thousands of anti-Jewish protesters outside the Chicago Democrat Convention, after an initial appearance by VP Kamala Harris, we heard Hillary Clinton speak, AOC speak, Jill Biden Speak, and then President Joe Biden gave his farewell speech filled with empty platitudes and lies supporting his failed operation.
I was not impressed, but worried about the misrepresentations.
Lots of talk about abortion rights and of course all praising Joe Biden and then endorsing and supporting Kamala’s candidacy.
At the end of Biden’s speech there was a family love fest on the stage.
Interestingly, Biden connected Harris to his platform and she will have difficulty separating herself from his policies.
The election is going to be close folks. Much more to come. Stay tuned.
OPINION Feedback on Can the Democrats Be This Stubborn? Still Running Controversy-Filled Controversy-Filled Bethany Hall-Long For Delaware Governor?
Dear Friends,
Your feedback on my recent column has been pouring in. Here are the top five. Keep ’em coming, folks!
“This reflects the mentality in Delaware that elected officials and judges can act from their own self interest. It’s as if they think no one is watching. We are watching, Bethany!” -Ernie G.
“The Republicans will steal this election from the Democrats if she’s their candidate.” -John M.
“Is anyone surprised her lieutenant governor office staff is working on her campaign when they should be working on Delaware? She’s selfish and her staff reflects her.” -Joan B.
“Bethany Hall-Long has been full of scandal. Why are they sticking with her? Run anyone else and the Democrats will win. They haven’t lost the Governorship for at least 3 or 4 decades.” -Thomas M.
“Hall-Long’s polling lead has been erased. Voters are catching on.” -Pamela D.
Keep your feedback coming. Your comments are appreciated and always welcome.
Can the Democrats Be This Stubborn? Still Running Controversy-Filled Bethany Hall-Long For Delaware Governor?
Dear Friends,
Even more controversy from the camp of Bethany Hall-Long, who is the Democrat party endorsed-candidate for Delaware Governor in this year’s election. Seems her lieutenant governor office staff is working on her campaign when they should be working on Delaware, according to the story below. Her staff resigning and an election board report saying she’s broken the law, folks, can ONLY be good for the Republicans. There’s a wide open spot here for them to run right through and steal this election from the Democrats.
Keep your feedback coming, folks. I’ll share some this week. Your comments are appreciated and always welcome.
Emails show lieutenant governor’s staff engaged in campaign-related matters during business hours
BY RANDALL CHASE
Updated 5:53 PM EDT, August 14, 2024
DOVER, Del. (AP) — Lt. Gov. Bethany Hall-Long’s office staff was in regular communication last year with her husband and other people involved in her campaign for Delaware governor and worked during office hours to help facilitate the use of campaign funds, according to emails obtained by The Associated Press.
The emails, obtained through a Freedom of Information Act request, show that Hall-Long enlisted her office staff, working with her husband, to help with matters bearing little if any relevance to her role as lieutenant governor. They include renewing her memberships in various women’s groups and making donations to community groups. Some of those expenditures were made with campaign funds.
Under Delaware law, state employees are prohibited from engaging in any political activity during work hours. As an elected official, Hall-Long is exempt from that provision, but her office staff is not.
Among the officials who engaged in communications related to Hall-Long’s campaign was Matthew Dougherty, director of operations in the lieutenant governor’s office. Dougherty recently took a leave of absence to serve as Hall-Long’s campaign manager. The move came after the latest in a series of shakeups in Hall-Long’s troubled campaign, as two top staffers left in the wake of a campaign finance audit commissioned by the state elections department.
“Bethany asked that you please mail a $300 check to the address below for an upcoming community event,” Dougherty wrote to Hall-Long’s husband, Dana Long, during business hours on a Wednesday afternoon last August. Hall-Long’s scheduler and officer coordinator, Nicole Algarin, was copied on the email.
“Hi Dana, they just called about this one,” Dougherty wrote in a follow-up email two weeks later. “We’re (sic) you able to mail the check?”
Dougherty sent a second reminder to Long a week later “per our text conversation.” Long replied the next day saying the check was put in the email. A campaign finance report shows that $300 was paid to Ali Abdul-Aleem of Dover for a “Community Unity Family Day” from Hall-Long’s campaign account.
Hall-Long’s office staff, along with aides working for the state Behavioral Health Consortium that she chairs, also collaborated to ensure her appearance last October in the annual Sea Witch Costume Parade in Rehoboth Beach. Algarin then sent an email during business hours to Brandon Cox, Hall-Long’s campaign manager at the time, with the parade information.
Photos of the event show Hall-Long marching in the parade with no indication that she is representing the lieutenant governor’s office or the Behavioral Health Consortium. Instead, she is marching in front of a banner reading “Bethany Hall-Long Democrat for Governor.”
Dana Long also worked with Dougherty during business hours to arrange trips for Hall-Long last year to Nashville and San Antonio, according to emails. It is unclear whether those trips were for personal or professional reasons.
Dougherty told Long in an email that he would be happy to book a San Antonio luxury hotel using “BHL’s credit card,” but Long replied that he had not yet decided at which hotel “we are going (sic) stay.”
There are no travel-related expenses for those dates in Hall-Long’s campaign finance reports or in the expenditures reported by the lieutenant governor’s office. Hall-Long did not also report any gifts or honoraria on her public officer financial disclosure form.
Hall-Long did not immediately respond to an email Wednesday seeking information about those trips.
Hall-Long, who is seeking the Democratic nomination for governor, has been under intense scrutiny since September, when she abruptly announced the postponement of a campaign event with Democratic Gov. John Carney that was to be held the next day, saying she needed to “attend to a personal, private matter.”
In reality, Hall-Long’s campaign was in disarray after people brought in to lead the campaign discovered major discrepancies while reviewing years of finance reports. The scandal led to the resignations of her campaign manager, chief fundraiser and campaign treasurer — who had replaced Dana Long as treasurer only five months earlier.
A forensic review released by the Department of Elections last month found that, from January 2016 to December 2023, Dana Long wrote 112 checks from his wife’s campaign committee account to himself or to cash, and one check to his wife. The checks totaled just under $300,000 and should have been reported as campaign expenditures, the review found. Instead, 109 were never reported in initial finance reports, and the other four, payable to Dana Long, were reported as being made to someone else, according to the review.
Hall-Long has maintained that the campaign finance irregularities were simply “bookkeeping errors” involving loans that she made to her campaign but did not report. New Castle County Executive Matt Meyer, her chief rival for the Democratic nomination, has called for a federal investigation into Hall-Long’s campaign finances.—-
Please follow me on LinkedIn:
https://www.linkedin.com/in/captainjudsonbennett
OPINION
Will Scandal Decide a Governor’s Race in Delaware as Bethany Hall-Long and Democrats Drag the Race Into Controversy?
Dear Friends,
Lt. Gov. Bethany Hall-Long has been full of scandal, and somehow the Democrats are still putting her on the ballot for Governor in Delaware. Good, I say, folks. She’s more likely to lose. I’m all for it. As a Republican all the way, I am happy that they’re making such a poor political move.
See the story below that says Hall-Long’s polling lead has been erased, while some Democratic legislators are calling for her to drop out. I hope she stays in the race and in the lead so the Republicans can beat her. What do you think, folks? Your feedback is always appreciated.
POLITICSWill Scandal Decide a Governor’s Race? Lt. Gov. Bethany Hall-Long had been the favorite to win the Delaware governor’s race but violated campaign finance law. In two other states, primaries on Tuesday probably determined who will be the new governors.
Aug. 8, 2024 • Alan Greenblatt
Will Scandal Decide a Governor’s Race?: Bethany Hall-Long did something unusual a few months ago: She fired her husband. Hall-Long, the Democratic lieutenant governor of Delaware, is running for governor and it turned out more than $200,000 in unreported funds had gone from her campaign account to her husband, Dana Long. Her campaign and finance director quit, but Hall-Long decided to stay in the race, firing her husband as campaign treasurer.
That was not the end of the story, however. Last month, the state Department of Elections released a forensic audit that found more payments had gone to Dana Long. State Attorney General Kathy Jennings said she would not prosecute apparent legal violations because Delaware law in this area is written too narrowly and that a defense attorney “could credibly attribute the committee’s errors to carelessness.”
If Hall-Long faces no legal peril, the situation has clearly harmed her politically. She was the early front-runner to succeed term-limited Gov. John Carney, who endorsed her, as did the state Democratic Party. But Hall-Long’s polling lead has been erased and two Democratic legislators have called for her to drop out. “She thought she put the fire out by firing her husband,” says Samuel Hoff, a political scientist at Delaware State University, “but the drip, drip, drip has become a flood for Bethany Hall-Long.”
New Castle County Executive Matt Meyer, her chief rival in the Sept. 10 primary, has called for a federal investigation into the matter. “Delawareans, all of us, deserve to be able to trust our elected officials and know that rules and laws apply to everyone, and apply to everyone equally,” Meyer said.
Hall-Long dismissed that as a “desperate political attack.” But it’s clear the various probes, resignations and complaints from members of her own party have hurt her.
Whoever wins the primary will be an overwhelming favorite — Delaware hasn’t elected a Republican governor since 1988. That’s coming up soon. Hall-Long doesn’t have a lot of time to turn around a race that has turned into a compilation of bad news for her.
Meet the Next Governors of Missouri and Washington: Delaware isn’t the only state dominated by a single party that’s holding an election for governor this year. In fact, it’s difficult to find more than one or two of the 11 contests that look at all competitive in the fall, meaning all the action has been in the primaries.
In Washington state, some early polls indicated that Republican Dave Reichert, a former sheriff and member of Congress, might give Democratic Attorney General Bob Ferguson a run for his money. But as politicians sometimes like to say, the only poll that matters is on Election Day.
In Washington, all candidates appear together on the same primary ballot, regardless of party, offering a real test of relative strength. Tuesday’s primary results are not completely in — Washington conducts elections by mail — but Ferguson won handily, taking 45 percent of the vote to Reichert’s 28 percent. It’s highly unlikely that Reichert can consolidate all the votes Ferguson failed to get, since one of the other candidates was a Democrat. Ferguson will be a heavy favorite in the runoff against Reichert, which would give Democrats their 11th straight victory in Washington gubernatorial contests.
The winner was all but decided on Tuesday in Missouri also. The former bellwether state is now solidly red, with Republicans generally winning statewide races by margins of roughly 20 percent. Their nominee to replace term-limited Gov. Mike Parson will be Lt. Gov. Mike Kehoe, who took 39 percent. Kehoe, who had the backing of much of the state’s business establishment, was able to fend off a late surge from state Sen. Bill Eigel, who ran as the most hard-right conservative in the race and took 33 percent. Secretary of State Jay Ashcroft, the early favorite, took just 23 percent, but the split of the social conservative vote between Eigel and Ashcroft allowed Kehoe to win by a plurality.
In an era of limited ticket-splitting, voters are still more likely to support candidates from the “wrong” party in their states for governor than for Congress or legislatures. Not this year, however.
More Single-Party Voting: Voters may say they like bipartisanship, but primary voters are apt to punish lawmakers who stray from the party line. This was demonstrated Tuesday in two different races in the Kansas City area, where a pair of legislators was defeated for breaking with orthodoxy on transgender issues.
State Rep. Marvin Robinson, a Democrat from Kansas City, Kan., took just 22 percent of the vote in his primary. Robinson had joined with Republicans in overriding vetoes from Democratic Gov. Laura Kelly, including on the issue of transgender athletes participating in school sports. “I don’t take pleasure in ending somebody’s political career,” Kelly told reporters Wednesday. “I do take pleasure in the thought of a Legislature that will work together and work with me.”
On the other side of the border, one of the five Missouri House Republicans ousted Tuesday was Chris Sander, who is openly gay and had drawn criticism within party ranks by voting against restrictions on transgender health care and sports participation, as well as introducing legislation to repeal language in the state constitution that defines marriage as being “between a man and a woman.” His opponent, Carolyn Caton, called herself “the one true conservative in this race.”
Also in the Kansas City area, Johnson County Sheriff Calvin Hayden lost the GOP primary. Hayden had devoted much of his time and energy to a controversial investigation into supposed voter fraud.
In Michigan, GOP state Rep. Neil Friske was also ousted on Tuesday. Back in June, police had arrested him for what they called a “felony-level offense” involving sexual assault and the firing of a weapon. Friske has not been charged but lost his race handily.
OPINION
Dear Friends,
A brief synopsis of the insipid Harris/Walz campaign is appropriate right now from my perspective. Folks, Joe Biden was the worst President in US history. Even the Democrats realized he couldn’t win and dumped him for Harris! Make no mistake, Harris will push and implement, if elected, all of Biden’s failed policies.
Her pick of extreme, left-wing Minnesota Governor Tim Walz to run for her Vice President was significant in that it clearly INDICATES where the country will go if they are elected. Walz is already a proven liar about his military, national guard service. He is a proven liar about his football coaching.
During the George Floyd riots, Walz allowed the rioters to burn down several areas and openly approved of the action. His wife stated that she left windows open so they could smell the burning tires and buildings. Kamala Harris bailed out the perpetrators after they were arrested, many of whom went on to commit additional crimes including murder. Walz was the most extreme Governor regarding the Covid pandemic—putting successful businesses out of business and encouraging citizens to spy on and turn in folks who didn’t operate accordingly. These are typical communist operations. Folks Walz along with Harris does not support Israel and favors Palestine and Hamas! Walz is a confirmed Socialist who believes in equity rather than equality. In other words, if you worked hard all your life and were successful financially, the person who has not achieved that success should be compensated by taxing those who were successful.
Folks, Harris and Walz will turn this country into a 2nd rate, failing, totalitarian hell-hole, which will become a nightmare. The choice is very simple!! If you want to live without freedoms, your taxes funding welfare programs and the millions of illegal aliens that Harris and Walz want to continue to come into our country, then vote for them! On the other hand, if you want lower taxes, the opportunity to live the American dream with reasonable safety and security, vote for TRUMP and VANCE for President and Vice President.
The choice is simple if you have a brain! Socialism/Communism via Harris/Walz vs Capitalism, prosperity and freedom with Trump/Vance.
That’s the way I see it. Stay tuned! As always your comments are welcome and appreciated.
The Republican Party of Delaware should count ourselves lucky. We may win the Governor race. We have a Democrat party that insists on running, in essence, a reported criminal as their leader. Our current state lieutenant governor, Bethany Hall-Long, is the Democrat front-runner for Governor, while being called out for breaking the law.
“Delawareans, all of us, deserve to be able to trust our elected officials and know that rules and laws apply to everyone, and apply to everyone equally,” New Castle County Executive Matt Meyer says in the story below. He even called out her “near-decade long illegal conduct.”
A complete and thorough review by a certified fraud examiner, who is also a retired FBI senior executive, found Hall-Long and her husband reportedly having committed fraud during her campaign. It runs deep. That is who the Democrats are counting on. This gives the Republicans a real chance for Governor in this election, as I see it.
See the story below to see how bad it is for Hall-Long and the Democrats. Send me your feedback on this, folks. It is welcome and appreciated.
Delaware gubernatorial candidate calls for investigation into primary rival’s campaign finances
By 6abc Digital Staff
Sunday, August 4, 2024 3:53PM
DELAWARE — The chief executive of Delaware’s largest county is calling for a federal investigation into the campaign finances of the state’s lieutenant governor, who is his chief rival for the Democratic gubernatorial nomination.
New Castle County Executive Matt Meyer held a brief news conference Monday to respond to a forensic review commissioned by the state Department of Elections that uncovered significant improprieties in the campaign finances of Lt. Gov. Bethany Hall-Long.
“Delawareans, all of us, deserve to be able to trust our elected officials and know that rules and laws apply to everyone, and apply to everyone equally,” Meyer said, decrying what he called Hall-Long’s “near-decade long illegal conduct.”
The forensic review, conducted by a retired FBI senior executive who is a certified fraud examiner, found that Hall-Long and her husband had received payments totaling $33,000 more than what she purportedly loaned to her campaign. It also found that Hall-Long’s husband and former campaign treasurer, Dana Long, wrote four campaign checks to himself but falsely reported that they had been written to someone else.
Jeffrey Lampinski, the fraud examiner, also determined that, from January 2016 to December 2023, Dana Long wrote 112 checks from his wife’s campaign committee account to himself or to cash, and one check to his wife. The checks totaled just under $300,000 and should have been reported as campaign expenditures. Instead, Lampinski found, 109 were never reported in initial finance reports, and the other four, payable to Dana Long, were reported as being made to someone else.
“The report found that Ms. Hall-Long broke the law,” Meyer said. “The report provides evidence that she tried to cover it up, and was still covering it up until the last moment, when she asked our state election commissioner to keep the report detailing the illegalities confidential and not to release these findings to the public.”
A spokesperson for the U.S. Attorney’s Office in Delaware declined to comment on Meyer’s call for a federal investigation.
Hall-Long’s campaign released a statement describing Meyer’s remarks as “totally unjustified.”
“Matt Meyer’s press conference today was a desperate political attack to distract the voters from the issues that matter most,” Hall-Long said in the statement. “As I’ve always done, I have voluntarily cooperated with the Delaware Department of Elections and I will continue to do just that.”
Hall-Long has been under intense scrutiny since September, when she abruptly announced the postponement of a campaign event with Democratic Gov. John Carney that was to be held the next day, saying she needed to “attend to a personal, private matter.”
In reality, her campaign was in disarray after people brought in to lead the campaign discovered major discrepancies while reviewing years of finance reports. The scandal led to the resignations of Hall-Long’s campaign manager, chief fundraiser and campaign treasurer – who had replaced Dana Long as treasurer only five months earlier.
In late September, Hall-Long said she was working with “independent campaign finance experts and forensic accountants to thoroughly audit the finances.”
In October, she issued a “campaign audit update” declaring that an accounting firm hired “to audit records and receipts” found “no wrongdoings or violations.” She has refused to release a copy of the purported audit.
In fact, according to documents included in the report commissioned by the state elections commission, the firm hired by Hall-Long relied exclusively on information that she provided, conducted no audit, and made no determination about wrongdoing.
“We will not audit or otherwise verify the data you submit to us,” Karen Remick, owner of Summit CPA Group, wrote in a Sept. 21 letter to Hall-Long’s campaign committee.
“Our engagement does not include any procedures designed to detect errors, fraud, theft, or other wrongdoing,” Remick added.
In November, Hall-Long submitted amended campaign finance reports covering a period of several years, acknowledging that she and her husband had made campaign-related expenses using personal credit cards and loans that had not been properly reported.
According to election officials, however, the amended reports still do not bring Hall-Long into compliance with state campaign finance laws. In an email earlier this month, election commissioner Anthony Albence assured Hall-Long that he would not refer the matter to Democratic Attorney General Kathy Jennings, but that he expected Hall-Long’s committee to take “prompt corrective action.”
OPINION Delaware’s Chancery Court’s Unsettling Autonomy and Lack of Checks and Balance Are Unsettling Justice for Corporations in America Dear Friends, Folks, see this well-written piece by author Carl Thiese. It goes into great detail about Delaware’s Chancery Court, which is known for its autonomy and lack of checks and balances, he write, while operating without the restraints of precedent or even Constitutional Law. The unsettling Chancery Court autonomy and lack of a check-and-balance system for the court has caused the problems we’re seeing today with the Elon Musk Tesla pay case and saw with the TransPerfect csae.
Amid global challenges – pandemics, wars, and authoritarian regimes, accompanied by plummeting economies, bankrupt businesses, and fractured families – one certainty remains: lawyers profit. The legal system, once a societal safeguard for businesses, is now seen with growing cynicism. Critics argue that law has transformed into a self-serving enterprise, much like advocacy groups that perpetuate issues to sustain their existence. Big law firms, prioritizing profit over ethics, have found a comfortable haven in jurisdictions like Delaware, historically tailored to corporate interests.
Delaware’s Chancery Court, known for its autonomy and lack of checks and balances, operates without the restraints of precedent or constitutional law. Decisions are made by a select few judges, raising concerns about potential bias. Even Thomas Jefferson criticized such courts as institutions of inequality. This skewed system doesn’t just harm the marginalized; even the affluent face its consequences. While the wealthy can choose to challenge it, struggling companies often find themselves at the court’s mercy.
Equity courts, with origins in English law, initially offered flexibility alongside legal rigidity. Delaware’s decision to establish its Chancery Court as a separate entity was unconventional, yet it now serves as a cornerstone for corporate law, shaping nationwide precedents. However, this power is wielded by judges and an absence of rule of law to keep it in check, leading to subjective rulings.
Delaware’s allure as a corporate haven is undeniable, attracting giants like Google and Coca-Cola with its favorable tax laws and secretive regulations. Behind nondescript doors lie the echelons of corporate power, exploiting Delaware’s unique legal landscape for their benefit.
Recent legal battles, such as that of Elon Musk and Tesla’s pay package agreement, have cast a glaring spotlight on the Chancery Court’s flaws. Without a wheel spin, the head chancellor chose the case for herself and single handedly voided Musk’s compensation agreement that the entirety of shareholders voted on and approved, because a very small minority took issue. Then, in an embarrassing spectacle for Chancellor, the Tesla shareholders once again voted to approve it. That Chancellor McCormick is still considering voiding the Tesla package again might be telling as to how deep the personal animus rules the court rather than anything equitable.
The questions remain as to what Chancellor Kathaleen Saint Jude McCormick was thinking. There is a opinion that it was done to bolster a former chancellor Leo Strine, now at Wachtell, Lipton, Rosen & Katz, with whom Musk is litigating a $90 million “success fee” from Twitter to Strine’s firm.
It took the renown of Musk, one of the wealthiest men on earth, to finally shed light on this artful court Yet, the way was paved by the longest running case in the Chancery’s history; the case of TransPerfect.
Founding partners Philip Shawe and Elizabeth Elting found themselves at odds, resulting in a contentious court battle overseen by Chancellor Andre Bouchard. Elting, wanting to leave the company and would not accept Shawe’s offer, based on the actual valuation of the company. She was seeking something more. Elting first went to a New York State Supreme Court judge who told the two to work it out themselves – the math does not lie. Not accepting that answer, it ended up in the Delaware Chancery Court where a string on bizarre events unfurled. The complainant was not only for a control premium, but to see Shawe lose the company.
To further drive the point of the Chancery Court’s failure here, the numbers must studied closely. This whole case was about money; money for the lawyers and consultants anointed by the Chancery Court to essentially act as racketeers.
In 2014, when Elting sought to exit, TransPerfect was valued at about $400 million dollars. By the time the case made it to the Chancery Court, the company was worth nearly $600 million. Shawe made an offer to Elting for $300 million, in writing and in a filed letter to then Chancellor Andre Bouchard. Still, Elting declined and Chancellor Bouchard allowed the farce to continue. Shawe later moved to $325 million, and then made a very public challenge to Elting, suggesting that she choose the price and Shawe will decide whether to buy or sell – considering at the time she was creating the illusion that she wanted to bid on the company for herself.
Elting’s lawyers proceeded to fashion a narrative that the company’s shareholders were hopelessly deadlocked and the firm was at risk of financial default and failure. Notwithstanding, the firm to that point was only rising in value, generating increased sales monthly, the Chancellor ruled that the company was hopelessly deadlocked and must be forced into a public auction. Part of the legal effort was to prohibit Shawe himself from bidding on the company he founded.
In April of 2016, former New York Mayor and US Attorney for the Southern District of New York, Rudolph Giuliani, commented on this case that had been making sensational tabloid headlines. He asserted, “The company is not at risk, its recent numbers show otherwise, and it is not in disarray, as its management teams have signed affidavits stating as much. The chancellor is either not paying attention to the facts that are public or he is taking one side over another. The Chancellor appears to want to not merely force the sale of the company, but to award the control premium to one party alone. That is not equitable, and this is an equity court.”
Despite the company’s ongoing success, the court’s intervention forced a sale, raising concerns about conflicts of interest and exorbitant legal fees.
Skadden, Arps, Slate, Meagher & Flom, a major law firm known for its controversial billing practices and political ties, was assigned to the case. Skadden partner and Chancellor Bouchard’s friend, Robert Pincus, was appointed as the court custodian. Over nearly four years of custodianship, Pincus and Skadden, along with their auditors, accountants, and consultants, invoiced TransPerfect approximately $50 million, primarily to assess value and oversee its sale.
During this period, numerous legal motions and hearings took place. Shawe challenged the oversight as excessive. The case alarmed employees who feared the company might be sold, potentially leaving them jobless and driving away clients, which would decrease the firm’s value—contrary to the Chancery and custodian’s responsibilities. About three dozen senior managers and salespeople resigned in protest to the new custodian’s management direction. TransPerfect and Shawe requested permission from the court to audit the invoices before payment. Chancellor Bouchard denied this request, requiring the company to pay without scrutiny. The Chancellor consistently ruled in favor of his appointed custodian, and the established process.
The complexity and volume of legal suits, motions, and personalities involved in the TransPerfect case are extensive and beyond the scope of a single article. However, in the end, Shawe emerged victorious in the auction, despite battling what appeared to be shill bidders aimed at inflating the price, possibly for corporate espionage purposes. Shawe ultimately bid $770 million, which included $385 million to Elting. This amount came after both parties had spent approximately $250 million on lawyers and consultants.
Analyzing the financial details, Shawe’s initial $300 million offer was within 5% of the final auction price paid two years later. In 2015, TransPerfect’s billed revenue was $505 million, rising to $615 million by 2017. Adjusting for this growth, Shawe’s $300 million offer would have amounted to over $365 million for Elting, excluding additional values like flip protection and break fees. In comparison, Elting received $385 million after the auction. However, when factoring in custodial and auction costs, along with legal fees, Elting lost significant shareholder value due to Pincus’ self-serving decisions.
Pincus even pressured Shawe to increase his bid with a misleading warning that he was not the highest bidder, when in fact he was. As a result, despite substantial payments for court oversight intended to maximize value, the expected higher valuation fell short, possibly leading the custodian to resort to deceptive practices.
In plain terms, the Chancery’s unique decision to sell a profitable, fully operational company that was not in financial distress brought no additional value to the complaining shareholder or the company. Instead, it cost the company and its owners over $300 million. That is $300 million paid to loyalists of the Delaware courts and Chancery devotees. The term “The Delaware Way”, became code for exploitation.
It is a compelling story with just this. However, the company and Shawe are still battling Delaware. Shawe reincorporated in Nevada and was threatened with sanctions and fines for taking his legal challenge out of jurisdiction. Skadden continued to invoice Shawe for years beyond the 2018 sale, and Shawe was fined and threatened whenever he would ask to be allowed to see the breakdown of those invoices. Skadden argued, and the court agreed, that it would compromise the integrity of the sales process should Shawe be able to see what he was paying for.
“Five years after Shawe bought it, the Chancery still claimed it would compromise the sale process”
In the ongoing saga of TransPerfect, Delaware state courts, along with the local Federal Court, have consistently upheld the Chancery Court’s rulings. Media coverage of these proceedings often reduces the narrative to a simplistic story of a wealthy individual disgruntled by the financial expenditure required to secure greater profits, overlooking the intricate legal battles that underpin the case.
As questions of accountability and justice persist, the challenge remains: who will step forward to ensure these institutions are held to the highest standards, preserving fairness and integrity within our legal system? This pressing issue highlights the unsettling reality of corporate justice in America, where the quest for accountability remains an open, and deeply concerning, question.Will do!On it!Working now!
Opinion
Dear Friends,
I have spent the last 3 years criticizing and exposing Biden’s horrible, economic policies, his obvious illegal influence peddling, his despicable border operation, his betrayal of the US Military, his fallacious support of the GREEN NEW DEAL, his ambivalent support of Israel and much more. Frankly, it is frightening, even though he is not running for reelection, that he will be President for 6 more months.
That being said, his VP Kamala Harris, now the clear choice for the Democrat nomination for President, now that Biden was forced out, is not even slightly qualified to be President of the United States. She will be a clone of Joe Biden and will maintain his disastrous border policy creating economic chaos, increased crime, drug trafficking, human smuggling—nothing but horrible problems for all concerned.
Folks, Kamala Harris was a terrible DA for San Francisco and also for the State of California. She supported defunding the police and bailed out George Floyd rioters who later committed heinous crimes including murder. At the same time while DA she prosecuted thousands of African Americans for minor marijuana infractions. The woman is a total hypocrite and the worst VP in US history! She was known as the most liberal Senator in the US Senate with crazy “Progressive” ideas.
From statements from her own mouth, here is what you will get if she is elected:
1) Maintenance of Biden’s border policy-causing increased crime, including murder of American citizens.
2) Total commitment to the Green New Deal-forcing electric vehicles to replace our gasoline operated cars, stopping all drilling operations, and creating further inflation.
3) Harris will raise your taxes by allowing Trump’s tax cuts to expire. It will be a huge increase. Also she wants to raise corporate Tax to 35% which will drive corporations offshore or force them to go out of business—creating terrible unemployment.
4) Harris wants to allow men to participate in female sports and share locker rooms as well.
5) Harris wants to stack the Supreme Court, create term limits, and basically disrupt the US Constitution.
Folks, I could write a book about the incompetence of the Biden/Harris administration and the lies and corruption it has bestowed on the American people.
Whether you are a Republican, a Democrat, or an Independent, if you have any logic, unless you want to live in mediocrity and fear, how can you vote for Kamala Harris for President of the United States?
Trump offers real prosperity, a closed border, a reduction in taxes, national security, total support of Israel, and a huge reduction in crime with support of the police and ICE as well.
Yes there are those of you who hate Trump’s personality and want to ruin his life with the fallacious criminal charges he is facing! Folks, they will be dismissed by higher Courts and the Harris argument about his felony convictions will no longer be valid. Trump is a businessman and will create good high paying jobs that will help the entire nation, especially African Americans and the Hispanic Community.
Harris will push the false narrative about abortion rights, but abortion is easily available in most states and is where it should be, left up to each individual state. She continues to threaten to hold up needed military supplies for Israel and her weak policies could get us in World War III.
Folks, in my view, I don’t see how any intelligent American citizen could vote for Harris over former president Donald Trump.
That’s the way I see it. As always your feedback is welcome and appreciated. Please stay tuned.
The fight by this patriotic writer is now beginning in earnest against an obvious Kamala Harris- totalitarian, Orwellian government filled with incompetence vs a happy, prosperous government under Trump who will make America Great Again! So Be It!
Respectfully Submitted,
JUDSON Bennett-Coastal Network
OPINION
Are the Democrats Dumb Enough to Run Law-Breaking Bethany Hall-Long For Delaware Governor?
Dear Friends,
Look at the Democrats, folks! All they have is a reported criminal to put up as their candidate for Governor of Delaware?! Delaware’s Department of Elections report found that Lt. Gov. Bethany Hall-Long repeatedly broke state laws when filing campaign finance reports over several years.
The elections department hired Pennsylvania-based Forensic Litigation Consultants in January and their certified fraud examiner, who is a retired FBI senior executive, found fraudulent payments and that Hall-Long’s husband and former campaign treasurer, had written four campaign checks to himself but falsely reported that they had been written to someone else, according to an Associated Press story that I had in my column earlier this week.
I can only hope the Democrats are dumb enough to run this criminal, so that the Republican candidate can win the general election.
See the story below on the recap of the HORRIBLE week for Hall-Long. Please send your feedback on this, folks. It is always welcome and appreciated!
Delaware’s topsy-turvy race for governor keeps careening down uncharted paths.
Consider all that’s happened, just in the last week.
The focal point isn’t views on education policy, criminal justice reform, tax plans or other issues that traditionally dominate races for state government’s highest post.
Instead, it’s the campaign finance scandal of Lt. Gov. Bethany Hall-Long, the favorite of the state Democratic party and Gov. John Carney to succeed him.
With less than six weeks remaining until the Sept. 10 Democratic primary election, Hall-Long is reeling from a state Department of Elections report that found she repeatedly broke state laws when filing campaign finance reports over several years.
The report led two top aides to bolt from her campaign, her primary foes to call for a federal investigation or independent counsel and two fellow Democrats in the state House to take the rare, if not unprecedented, step of publicly demanding that she withdraw from the race against New Castle County Executive Matt Meyer and former state environmental chief Collin O’Mara.
The blockbuster 16-page report, released late Thursday in response to a Freedom of Information Act request from WHYY News, said Hall-Long violated the Delaware code from 2016 through 2022 by not disclosing $298,000 in payments to her husband and longtime campaign treasurer Dana Long, and by failing to record those advances to the campaign and payments the couple made on 16 different credits as loans.
The report also concluded that Dana Long had been paid $33,000 more than the couple reported loaning the campaign — a finding that stands in sharp contrast to Hall-Long’s contention that she had loaned her campaigns $101,000 more than she had been repaid.
Though Hall-Long had amended seven years worth of campaign finance reports in November after leaders and volunteers in her nascent gubernatorial campaign quit over the questionable payments to Dana Long, Elections Commissioner Anthony J. Albence is now ordering her to further amend the reports to bring them into compliance.
Albence did not fine Hall-Long and said he was not referring the findings to Attorney General Kathy Jennings for possible prosecution, however. Failing to properly disclose campaign loans and spending is a misdemeanor in Delaware.
Jennings, who had prodded Albence to release the report that Hall-Long asked him to keep from the public, said she concurred with the decision not to seek criminal charges. Jennings proclaimed, however, that “official explanations” by Hall-Long’s campaign about money paid to Dana Long “do not survive scrutiny.”
Hall-Long’s primary competitors immediately pounced on the findings of the forensic audit by former Philadelphia FBI senior executive Jeffrey Lampinski, saying they cry out for further investigation.
O’Mara said Hall-Long’s “black letter violations’’ of campaign laws were so disturbing that Jennings should appoint an independent counsel unaffiliated with Delaware’s ruling “Democratic apparatus” to continue the review. All nine statewide elected officials, including Carney and Jennings, as well as two-thirds of state legislators, are Democrats. Albence, also a Democrat, was nominated by Carney to the post in 2019 and confirmed by the state Senate.
Meyer then upped the ante, holding a news conference Monday in downtown Wilmington, where he blasted Hall-Long’s “nearly decade-long illegal conduct” and called for the FBI and U.S. Attorney’s Office to launch its own investigation.
“Laws don’t apply to some more than others,’’ Meyer said. “The report found that Ms. Hall-Long broke the law. The report provides evidence that she tried to cover it up and was still covering it up until the last moment when she asked our state election commissioner to keep the report detailing the illegalities confidential and not to release these findings to the public.”
Meyer followed up officially on Wednesday with a letter to David Weiss, U.S. Attorney for Delaware, saying the state’s findings “indicate potential violations’’ of federal law, including mail fraud, wire fraud, money laundering, tax evasion and conspiracy.
A spokeswoman for Weiss declined to comment on Meyer’s request for a federal probe.
OPINION
Dear Friends,
Look at this, folks! Even more key staff members have resigned from Bethany Hall-Long’s campaign staff. This, without a doubt, calls into question her run for Governor of Delaware. Just this week Democratic state lawmakers have been publicly sharing their concerns about Hall-Long breaking the law.
See the breaking news below on this! Send your feedback as well. It is always welcome and appreciated!
Lt. Gov. Hall-Long’s campaign team is getting shaken up — again
by Karl Baker
Following a week of audit-fueled turmoil, Lt. Gov. Bethany Hall-Long’s gubernatorial campaign team will reorganize under a new manager who previously worked in the lieutenant governor’s office.
The new campaign manager, Matt Dougherty — who starts on Friday — also previously served as a Congressional aide for various lawmakers, including Delaware’s U.S. Senator, Tom Carper, according to a spokesman for Hall-Long’s campaign.
Dougherty’s ascension to the top spot coincides with the departures of Hall-Long’s campaign director, Quentin Heilbroner, and her finance director, Sydney Diewald.
Asked if Dougherty is replacing Heilbroner, Hall-Long’s spokesman Dan McCormick said that is “fair-ish” to say.
He said Dougherty will give a new “focus to the campaign going forward in the final few weeks.”
When pressed, McCormick also acknowledged that frustrations exist among the departing staff members, but asserted that Heilbroner and Diewald are leaving the campaign amicably.
Following the release of the report last week, Hall-Long’s Democratic opponents in the governor’s race – Collin O’Mara and Matt Meyer – separately called for further investigations.
O’Mara, Delaware’s former top environmental regulator, said the state attorney general should appoint an independent counsel to probe further into the controversy, according to a WHYY report.
Meyer, who serves as New Castle County’s executive, said U.S. prosecutors should open an investigation.
Meanwhile, Hall-Long has denied the report’s central finding but hasn’t provided details to support why she believes the report’s conclusions are in error. Last week, she released statements to several media outlets, saying “our family has loaned the campaign more money than we have been reimbursed.”
The release of the audit report followed months of scrutiny and suspicions around Hall-Long’s campaign finances that began last fall with another shakeup of her campaign staff.
At the time, several staffers resigned from Hall-Long’s then-fledgling gubernatorial campaign after learning that her previous candidate committee had made large and unreported cash transfers to Dana Long.
In the subsequent months, Hall-Long hired a small Dover accounting firm to conduct a review of her finances. By November, she released to the election department a string of amended campaign finance filings going back to 2016.
Since then, her opponents and members of the media have repeatedly called on Hall-Long to release the accountant’s review, which she claimed only discovered financial reporting errors that were subsequently corrected in her amended campaign finance reports.Noted, thanks!Incredible turmoil!More updates?
OPINION
Dear Friends,
If you look at my last two columns, you’ll see I’ve been all over this story. NOW, folks, some Democratic state lawmakers are publicly saying why they are concerned about Bethany Hall-Long potentially breaking the law. She’s running for Governor of America’s First State, and her campaign broke the law, our state elections department is saying.
The department hired a certified fraud examiner, who found MANY issues wrong with Bethany Hall-Long’s campaign finances, including breaking the law. And now her own people are going after her. If that doesn’t sound an alarm in your head, nothing will!
Read this Delaware Public Media story by Sarah Petrowich and you’ll see how concerned her own constituents are! She needs to resign from this race immediately, in my opinion. There’s no doubt in my mind. I do think she’ll be forced out of this race.
Please send your feedback on this, folks. It is always welcome and appreciated!
Democratic State Rep. calls on Bethany Hall-Long to end gubernatorial bid, others voice concerns
Delaware Public Media | By Sarah Petrowich
Published July 29, 2024 at 7:53 PM EDT
Following an investigation finding that gubernatorial candidate and current lieutenant governor Bethany Hall-Long has broken several campaign finance laws since 2016, some Democratic state lawmakers are publicly sharing their concerns.
State Rep. Sophie Phillips (D-Bear) released a statement Monday calling for Hall-Long to end her bid for governor after a Department of Election’s commissioned investigation found her financial reporting to be “incomplete, inconsistent, and often inaccurate.”
Phillips points out the report found Hall-Long’s husband and former campaign treasurer, Dana Long, wrote 112 checks from the campaign committee account to himself, to Hall-Long or to “cash” — totaling just under $300,000 — and were never reported as campaign expenditures.
While Hall-Long has claimed the money was used to repay loans her family had made to the campaign, no documentation of those loans were made, and the report found that she and her husband had received payments totaling $33,000 more than what she allegedly loaned to her campaign.
Phillips says whether the acts are “corruption, or at the very best, incompetence,” the governor’s office needs someone with better financial managerial skills when it comes to overseeing a $6 billion statewide operating budget.
“We need somebody who’s competent at recognizing when either something’s wrong with the budget or, at the very least, no corruption needs to be at the state level when managing such an important budget that goes to nonprofits, it goes to all of our buildings and important pieces of the state,” Phillips said. “So we can’t have somebody that’s in that high level of office that is incapable of running at least a campaign; this is way more than a campaign — $6 billion is extremely important.”
Phillips notes she’s not alone in her concerns, explaining she has heard similar apprehensions from her constituents and fellow lawmakers.
“I’ve been getting emails — I think it’s over 70 emails at this point — from constituents, and there are some of my colleagues that have some concerns as well. So my job is to stand up for my constituents, and when I’m getting emails that this is how they feel and they want her to stop her campaign, then I have to speak for them.”
Although not directly calling for Hall-Long to end her gubernatorial bid, State Sen. Laura Sturgeon (D-Brandywine) is among some of the other legislators concerned with Hall-Long’s campaign finance reporting.
As a member of the Joint Finance Committee, the body in-charge of creating the state’s operating budget, Sturgeon agrees with Phillips that there are some concerns with how Hall-Long’s campaign finance management could translate to her potential governorship.
“It’s very concerning that we have someone who there are all these question marks now about their ability to manage money. The amount of money in a campaign is miniscule compared to a state budget of upwards of $6 billion,” Sturgeon said.
Sturgeon says it’s important to her to see a Democrat win the general election for governor, and with the primary election approaching to select which Democratic candidate will go head-to-head with the Republican nominee, she’s concerned that Hall-Long may have lost the public’s trust and in-turn cost the Democratic party winning the election.
“What resonates most with me is the concern about people not being able to trust the person who’s running to manage the entire state budget. The legislature ultimately decides on the budget, but obviously the governor has to sign that budget, and the governor puts forth a recommended budget from which we work — so it’s the trust factor.”
Sturgeon says the decision on whether Hall-Long’s campaign finance mismanagement is a “disqualifying factor” should be left to the voters, but she encourages Delawareans to read the full report so they have all of the information to make a decision at the polls in September.
“I really do think Bethany Hall-Long has been an incredible public servant for decades now, and I find it sad that we find ourselves in this situation, but I also don’t think we should put our heads in the sand and pretend it’s not happening,” Sturgeon said.
State Rep. Nnamdi Chukwuocha (D-Wilmington) says the report signaled to him that Delaware’s campaign finance laws need to be looked at and potentially reworked.
“What needs to change in our law so that we can avoid this type of thing from happening again? Because it seems that there is something that we need to change that has not made these transgressions rise to the level of what is being deemed unlawful through our election commission or through the [attorney general’s] office.”
Chukwuocha is referring to an email chain between state Election Commissioner Anthony Albence and Hall-Long, in which Albence told Hall-Long he would not be calling for an investigation from the Department of Justice:
“Please be advised that I do not intend to refer this matter to the Attorney General as permitted under Section 302A(a)(3); however, I fully expect the [Committee to Elect Bethany Hall-Long] to take prompt corrective action by filing the necessary amended campaign finance reports to ensure all Committee transactions (including but not limited to those identified in the Report) during the referenced period (2016 through 2023) are accurately and fully reported.”
Delaware Attorney General Kathy Jennings released a statement agreeing with the commissioner’s conclusion that Delaware code’s definition of campaign finance crime “is too narrow to prosecute,” but expressed similar concerns to Chukwuocha that maybe the laws need to be reevaluated.
“That Delaware’s campaign finance laws are unclear enough to permit those inadequacies — not just of this campaign, but theoretically of any — tells me that they beg for reform. To leave them unchanged would enable future disregard for proper intake, disbursement, and reporting of campaign dollars, and encourage the atrophy of a system that the public relies on,” she wrote. “Pursuant to 29 Del. C. § 2503, my office will be working to recommend reforms to the General Assembly that would seal these gaps and enable the kind of accountability that warrants the public’s trust in our campaign finance rules.”
Chukwuocha did not join Phillips in calling for Hall-Long to end her bid for governor, but agrees with Sturgeon in that the public’s trust may be shaken.
“I do see challenges — [I’m] just being honest. I think that what’s being presented to me shows a history of some things that give me pause, and I’m sure I’m not alone, and I mean, it’s her decision to make but I think as a constituent of our state, it gives me some pause.”
Hall-Long has often touted the endorsement of Democratic state legislators, including House Speaker Valerie Longhurst (D-Bear), House Majority Leader Melissa Minor-Brown (D-New Castle) and Joint Finance Committee Chair Trey Paradee (D-Dover).
She has also been endorsed by Gov. John Carney and is backed by the Delaware Democratic Party.
All five Democratic members of the Senate Elections and Government Affairs Committee, including Chair Darius Brown (D-Wilmington), Vice Chair Stephanie Hansen (D-Middletown), State Sen. Kyle Evans Gay (D-Talleyville), State Sen. Kyra Hoffner (D-Dover) and State Sen. Spiros Mantzavinos (D-Elsmere) did not respond for comment.
The current lieutenant governor faces New Castle County Executive Matt Meyer and former state Department of Natural Resources and Environmental Control Secretary Collin O’Mara in the gubernatorial Democratic primary in September.
On Monday, Meyercalled for a federal investigation into Hall-Long’s campaign finances.
OPINION Dear Friends,I wrote about it yesterday, folks, and now I see that the Associated Press is running this story all over the country! That means people from coast to coast are hearing about how the Delaware Democrat front-runner is a criminal and yet they’re still propping her up to take the place of current Governor John Carney.
The elections department hired a certified fraud examiner, who found many issues wrong with Bethany Hall-Long’s campaign finances, including breaking the law. The examiner found that Hall-Long’s husband and former campaign treasurer, Dana Long, wrote campaign checks to himself but falsely reported that they were written to someone else, the Associated Press story reports. The case examiner says multiple campaign expense issues remain “unexplained.”
Read the Associated Press story below to better understand what’s truly going on here. This is criminal and we must fight for what is right! Please send your feedback on this, folks. It is always welcome and appreciated! Respectfully yours,JB-Coastal Network
Forensic review finds improprieties in Delaware gubernatorial candidate’s campaign finances
By Randall Chase, The Associated Press
Posted Jul 25, 2024 08:24:30 PM.
Last Updated Jul 25, 2024 09:01:38 PM.
DOVER, Del. (AP) — A forensic review commissioned by the state Department of Elections has uncovered significant improprieties in the campaign finances of Delaware’s lieutenant governor, who is seeking the Democratic nomination for governor.
The elections department hired Pennsylvania-based Forensic Litigation Consultants in January amid widespread scrutiny of Bethany Hall-Long’s campaign finances. Jeffrey Lampinski, a certified fraud examiner, found among other things that Hall-Long and her husband had received payments totaling $33,000 more than what she purportedly loaned to her campaign.
Lampinski, a retired FBI senior executive, also found that Hall-Long’s husband and former campaign treasurer, Dana Long, wrote four campaign checks to himself but falsely reported that they had been written to someone else. Similarly, Long wrote a check to former campaign fundraiser Jennifer Mueller but reported that it had been issued to someone else, he said.
“Why he publicly reported these five expenditures as made to a payee other than the true payee remains unexplained,” Lampinski wrote in a report obtained Thursday by The Associated Press in response to a FOIA request.
Lampinski found that from January 2016 to December 2023, Dana Long wrote 112 checks from the campaign committee account to himself or cash, and one to his wife. The checks totaled just under $300,000 and should have been reported as campaign expenditures. Instead, Lampinski found, 109 were never reported in initial finance reports, and the other four, payable to Dana Long, were reported as being made to someone else.
The report also recounts a June 14 interview in which Lampinski asked Dana Long about a note that was written by Hall-Long and found in a folder entitled “2020 Campaign.” The note read, “2019/2020 Files Need to create 2021 & 2022 receipts!”
“When I pointed out she had written ‘create’ receipts, and not ‘gather’ or ‘collect’ receipts, Long said he couldn’t ‘answer for her terminology,’” Lampinski wrote.
Hall-Long and her campaign staff did not immediately respond to an email Thursday seeking comment. Tom Foley, an attorney for Dana Long, also did not immediately respond to an email seeking comment, but he told Elections Commissioner Anthony Albence in a July 18 email that Lampinski’s report contained “misrepresentations” about the June 14 interview.
Hall-Long faces New Castle County Executive Matt Meyer and former state environmental secretary Collin O’Mara in the Sept. 10 Democratic gubernatorial primary.
Hall-Long has been under intense scrutiny since September, when she abruptly announced the postponement of a campaign event with Democratic Gov. John Carney that was to be held the next day, saying she needed to “attend to a personal, private matter.”
In reality, Hall-Long’s campaign was in disarray after people brought in to lead the campaign discovered major discrepancies while reviewing years of finance reports. The scandal led to the resignations of her campaign manager, chief fundraiser and campaign treasurer — who had replaced Dana Long as treasurer only five months earlier.
Hall-Long announced in October that an accounting firm hired by her campaign had found no wrongdoing, though she has refused to release a copy of that audit. In November, her campaign submitted amended finance reports dating to 2016, purportedly showing some $300,000 in campaign loans that had been improperly reported as expenditures instead of loans. Campaign officials asserted that some $200,000 of the loans were repaid, meaning Hall-Long was still owed more than $100,000.
It’s unclear when Hall-Long was made aware of Lampinski’s investigation, but Elections Commissioner Anthony Albence notified her in a July 15 email that the report had been completed.
Albence told Hall-Long that he did not intend to refer the matter to the attorney general’s office, but that he expected her committee to “take prompt corrective action” by filing amended campaign finance reports. He also assured Hall-Long that he did not intend to publicly post or release the report, but he warned that his office might be required to do so pursuant to a FOIA request.
In an email response on July 17, Hall-Long acknowledged that she had received a copy of the report and thanked Albence for keeping the matter confidential.
“I understand counsel for Mr Long will be reaching out to you separately,” Hall-Long wrote. “The report and the interview notes from Dana’s interview contains errors and omits material representations made by Dana and the attorneys present during the interview.”
Hall-Long told Albence a lawyer for her campaign was traveling overseas, and that the campaign would need time to respond to the report before it is finalized.
“Therefore, until such time as we can discuss our concerns with you, we ask that the report not be released as its part of an exemption to an investigation under Delaware FOIA,” she wrote. “Thanks for your continued confidential manner.”
Albence informed Hall-Long on Tuesday that the report was already final, and that his office was legally obligated to comply with FOIA requests.
Randall Chase, The Associated Press
OPINION
Dear Friends,
Delaware Lieutenant Governor Bethany Hall-Long’s political campaign apparently broke the law by not disclosing payments of roughly $300,000 to her husband, and didn’t make records of this money exchanging hands according to a report from the state Department of Elections. This is outrageous and shows, as I clearly see it folks, that she is unfit to run for office and should not be trusted as the Democratic nominee for Delaware’s next Governor? It seems only in Delaware would Democrats make a criminal the front-runner?
To make this blatantly clear, it is my understanding that failing to disclose this situation is a crime, punishable by up to one year in prison. Yet, the State Elections Commissioner says he’s not pursuing criminal charges! Outrageous! So many possible crimes going on here, I can’t believe she’s still in the race!
The investigation by a former FBI chief, found an “unreliable picture” of finances, including personal expenses! Hall-Long is trying to succeed Governor John Carney. She already had top staff members resign before this, over financial campaign reporting issues.
Folks, when there is smoke there is fire, the saying goes. In Delaware there is fire and more fire! If anyone can’t see how unfit she is to hold the highest office in America’s First State, then in my opinion, they are blind! Why let the fox in the hen house when you already know she’s eating the chickens outside of the hen house?!
Please send your feedback on this, folks. It is always welcome and appreciated!
‘Incomplete, inconsistent, often inaccurate’: Report finds Del. Lt. Gov. Bethany Hall-Long’s campaign reports broke the law
A former FBI chief issued a damning report, but the state elections chief says he won’t refer the gubernatorial candidate or her husband for criminal prosecution.
Delaware Lt. Gov. Bethany Hall-Long’s political campaigns repeatedly violated Delaware law by not disclosing $298,000 in payments to her husband, and by failing to record advances the couple made to her campaigns as loans, a report from the state Department of Elections concluded.
Hall-Long’s campaign reports for 2016 through 2023, even after being amended in December, still have not disclosed $91,000 in payments to Dana Long, who had been his wife’s campaign treasurer and wrote the checks to himself, the report said.
The investigation, conducted by a former Philadelphia FBI chief Jeffrey Lampinski, found several instances of sloppiness and wrongdoing in how the Committee to Elect Bethany Hall-Long accounted for expenses.
“I find the Committee’s account of expenditures in its public campaign finance reporting incomplete, inconsistent, and often inaccurate, leading to an unreliable picture of its financial affairs,’’ Lampinski wrote in the damning 16-page report.
“Further, I find that several reported expenditures [especially in 2016] are questionably personal, and not campaign related. Finally, in those five instances in which the Committee misrepresented the true payee of an expenditure, I find its public campaign finance reporting misleading.’’
Hall-Long, who is in a three-way Democratic primary race to succeed Gov. John Carney, did not immediately respond to a request for comment on the report. She has previously apologized for sloppy campaign reporting and mistakes that had led to a revolt among top campaign staff and volunteers in September, when she announced her candidacy for state government’s highest political office.
The report was made public late Thursday in response to a Freedom of Information Act request that WHYY News made last week after sources said it had been finalized. State Elections Commissioner Anthony Albence had provided the report to Hall-Long last week, writing then that he did “not intend to publicly post or release” it unless a public records request was made.
Failing to properly disclose campaign loans and spending is a misdemeanor crime under Delaware law, punishable by up to one year in prison. But despite Lampinski’s findings that the Hall-Long reports violated Delaware law dozens of times, Albence informed the lieutenant governor in writing that he would not pursue criminal charges.
“I do not not intend to refer this matter to the Attorney General” for further investigation and prosecution as permitted in state law, Albence wrote. Nor did Albence issue any fines to Hall-Long.
Instead, Albence ordered Hall-Long to “take prompt corrective action by filing the necessary amended campaign finance reports to ensure all committee transactions … are accurately and fully reported. The law requires such disclosure, and the public is entitled to have access to complete, accurate, and timely reporting and the full transparency such reporting provides.”
Albence is an appointee of Carney, and the incumbent governor has endorsed Hall-Long’s candidacy in her race against New Castle County Executive Matt Meyer and former state environmental protection chief Collin O’Mara.
Attorney General Kathy Jennings, who according to sources has been prodding Albence behind the scenes to disclose the report publicly, issued a statement Tuesday that said she supported his conclusion that the law’s “definition of a crime is too narrow to prosecute.”
Jennings wrote that if charges were brought, a defense attorney “could credibly attribute the committee’s errors to carelessness. We cannot pursue charges where the law does not provide the standards to do so; but neither should we abide a precedent that flouts the spirit of the law when committees demonstrate negligence.”
Jennings wrote that the report “reveals critical failures in a campaign committee’s financial structures and official explanations from that campaign that do not survive scrutiny. That Delaware’s campaign finance laws are unclear enough to permit those inadequacies — not just of this campaign, but theoretically of any — tells me that they beg for reform.”
Jennings pledged that her office “will be working to recommend reforms to the General Assembly that would seal these gaps and enable the kind of accountability that warrants the public’s trust in our campaign finance rules.”
Meyer and O’Mara did not immediately comment on the report about their foe. The primary election is Sept. 10 — less than seven weeks from now.
Undisclosed payments to husband triggered probe
The report’s release comes 10 months after Hall-Long suspended fundraising for her nascent campaign after her campaign manager and fund-raiser resigned and several volunteers bolted.
Several sources told WHYY News in October that she had initially refused to provide access to the campaign’s bank accounts so her top staff could verify the accuracy of finances before leading her effort for higher office.
And when Hall-Long did turn the documents over, campaign aides said they were stunned to find that more than $207,000 in checks had been written to Dana Long — the treasurer who wrote campaign checks — but that the payments to her husband had not been documented in dozens of reports filed with the Department of Elections from 2016 through 2022. Hall-Long told the staffers the money was to repay loans to the campaign, but no paperwork showing that loans had been made were produced.
Hall-Long announced in October that she was conducting an audit of her campaign finances, and in November filed seven years of amended reports. She later wrote that a private accounting firm, Summit CPA Group LLC, had found no wrongdoing in her campaign report, only errors in reporting receipts and expenses.
She claimed to have loaned the campaign $308,000 during that seven-year period and showed repayments to herself — not her husband — totaling $207,000. Her campaign spokeswoman said she would not seek to recover the balance of the outstanding debt.
Lampinski, who cited the WHYY News account of the turmoil within her campaign in his report, noted that Hall-Long’s explanations and amended reports did not quell questions from the media.
He wrote that the lingering suspicions led Albence to hire his firm, Forensic Litigation Consultants LLC of Media, Pa., to scrutinize the reports and bank records and see if they matched up.
Lampinski did not interview Hall-Long and his report did not indicate why he did not. He wrote that he tried to speak with Karen Remick of Summit but she would not cooperate. Dana Long agreed to be interviewed with his attorney present, and Lampinski also had access to the state’s reports and the campaign’s bank records.
The report focused extensively on the payments to Dana Long, which Hall-Long has never publicly disclosed, either in written statements or the reports she filed with the state.
Among Lampinski’s findings:
The campaigns, through 113 checks written by Dana Long, paid the couple roughly $299,000, all but $1,100 to Dana Long, but Lampinski could only substantiate $266,000 in loans. “In other words, they disbursed themselves $33,178.65 more than I was able to substantiate in personal loans to the campaign,” Lampinski wrote.
A total of $173,000 found to be loans or advances by the Hall-Long campaign was charged on 16 of the couple’s credit cards, almost all of which offered reward points for goodies such as free hotel stays, flight discounts or “cash-back” refunds to the card balance. Dana Long acknowledged he and his wife “made use of the points awards, but he disputed the notion that earning points was a primary driver behind the couple’s credit card use,” the report said.
Documentation for five checks, including four that were written to Dana Long for a total of $45,000, showed that the money was paid to another entity. For example, a $20,000 check to Long in 2016 was listed as a payment to Buying Time LLC, a Washington, D.C. political strategy firm. Long’s credit card statement, however, showed a “corresponding charge” of $20,000.
Lampinski wrote that Dana Long “had no answer’’ as to why a check he wrote to himself was recorded in the campaign report as one to Buying Time.
Lampinski wrote that he “laid a copy of the expenditure check before” Long but “he said nothing,” then asked to confer with his attorney. After doing so, Long’s lawyer said his client would not “entertain or answer any further questions on his reporting of this expenditure” or other “four instances of falsified payees.”
Long also told the investigator that before their interview last month, the former campaign treasurer had “never read the Delaware Elections Code and was unaware a loan reimbursement payment met the definition” of an expense and had to be reported on campaign finance reports.
Lampinski wrote that after he handed Long the relevant sections of the code, Long “said this was the first time he’d seen or read them.”
The report also noted that for 2016, during Hall-Long’s first race for statewide office — the lieutenant governor’s post — Lampinski could only substantiate as campaign expenses “13 of over 250 small-dollar expenditures shown as credit card charges at small retailers, such as gas stations, convenience stores, pizzerias, home improvement stores, groceries, restaurants, sub shops, pharmacies, etc. Well over 200 of the expenditures I couldn’t find or trace to any source document.”
In subsequent years, such “small-dollar type expenditures” weren’t listed in the campaign reports, even though the couple’s credit card records show “a substantial number” of such spending, the report said.
Ex-FBI chief finds fault with ‘audit’ Hall-Long had done
Hall-Long had resisted calls by Meyer, O’Mara and some open government groups to release what she had deemed Summit CPA’s “audit,’’ and officials from Summit had not responded to requests by WHYY News for the report or comment.
The Summit CPA report, produced in one month, was based on information Hall-Long had provided for the period from January 2016 through Dec. 31, 2022. (Reports for 2023 were not filed until January 2024, in keeping with Delaware law.)
“All disbursements from the account have been associated with campaign-related expenses and loans and no money is due to the campaign by any related outside party,’’ Summit CPA wrote. “The account is reconciled.”
Lampinski’s review, which took more than six months, had a far less sanguine conclusion and took issue with the findings and methodology used by Summit CPA.
“In a key distinction between my reconciliation and Summit’s, I sought to substantiate both that an expenditure occurred and that it was campaign related,” he wrote.
“I consistently sought competent audit evidence to confirm both. If I found an expenditure was substantiated by a source document, yet there was no evidence beyond the candidate’s representation to support a conclusion it was campaign related, I found it indeterminate.”
“That the Summit CPA Group did not appear to seek audit evidence beyond the Long’s representation that certain credit card charges were campaign related, and further accepted purported 2016 charges as campaign related with no documentation the charges had occurred, likely accounts in large part for the difference in our respective findings.”
OPINION
Dear Friends,
In the wake of President Joe Biden’s decision not to run for a 2nd term, his VP Kamala Harris has already captured enough delegates to be the Democrat nominee for President of the United States in the 2024 election against Donald Trump.
Folks, the odds of her winning are slim considering the terrible job she has done as Vice President and her fallacious support of Biden’s failed policies that have brought America to the brink of destruction.
Kamala Harris as a former California AG prosecuted innumerable marijuana cases and put many African Americans in jail. She was a former lover of Willie Browns, if that tells you something? She was supported by George Soros and during the George Floyd riots she funded the bail of dangerous demonstrators who later committed serious crimes including murder.
She supports the GREEN NEW DEAL, will raise your taxes, and wants an open border. She was Biden’s Border CZAR which was a joke and for that reason alone she should not be elected.
Regardless, the Republicans must remain on the ball as the Press and the Democrat leaders will lie and cheat to do anything they can to retain power and continue the devastation of our American dream.
Folks, can you imagine Kamala Harris negotiating with Putin or China or various Arab leaders ?
Trump should prevail, however the contest will be difficult. Opposition research on Kamala is beginning in earnest and I will keep you updated.
As always, your feedback is welcome and appreciated.
OPINION Dear Friends, A friend of mine who knows me well sent me this story. Look at the headline: Is the Delaware Chancery Court a Guardian or a Bully? Folks, recent Chancery Court history with Elon Musk and Tesla or Phil Shawe and TransPerfect, tells you: Bully. When a court takes millions of dollars out of the mouths not just its shareholders, but also its employees, as it did in in the TransPerfect case and that SAME court can take potentially billions away from shareholders to give it to their legal pals, that’s not just bullying, as I see it, that’s outright tyranny!
That’s why the last line of the story asks: Is Delaware losing its luster as being the “corporate friendly” state? Absolute power has corrupted this court. Changes to it have already started. What do you think? Send your feedback on this. It’s valued and appreciated. Respectfully Yours, Judson Bennett–Coastal Network
Two recent cases have cast the Delaware Chancery Court into the spotlight. For as long as I can remember (and I am 78), corporations have flocked to Delaware to incorporate. A promo for Delaware online lists the advantages to incorporating in Delaware. Those advantages include: tax benefits, privacy, expediency and simple structure, and a special corporation court. That court, the Delaware Court of Chancery, has recently issued two decisions that bring into question whether this court is an advantage or a detriment to incorporating in Delaware.
In the first case, Palkon v. Maffei,2 involved a lawsuit where minority shareholders challenged the conversion of two Delaware corporations3 into Nevada corporations with the controlling shareholder delivering the deciding vote the admitted purpose of which was reducing potential liabilities for directors and officers. This particular case dealt with a motion to dismiss the defendants made. The Court of Chancery characterized the transaction as a self-interested transaction on the part of the controlling shareholder. As such, the action triggered the “entire fairness” standard of review by the court. The court noted that the outcome depended on the standard of review. The court determined that the defendants were not able to establish that the conversions were entirely fair, so the motion to dismiss was denied. The court determined that monetary damages would be sufficient so that the court declined to enjoin the closing of the conversion.
However, in my opinion, determining monetary damages will be a monster task. The court’s concept is that the damages should be equal to the decline in the publicly traded market price before and after the conversion to Nevada. What if the price goes up after the conversion instead of down? What other factors might impact the increase or decrease in the value of the stock? So did the court simply create a problem that did not exist?
In the second case, Tornetta v, Musk,4 the Delaware Chancery Court once again invoked the “entire fairness” standard of review “where [Musk’s] 21.9 percent equity stake, his status as the paradigmatic Superstar CEO who held some of the most influential corporate positions, thick ties with the directors tasked with negotiating on behalf of the corporation, and domination of the process that led to board approval of the compensation plan meant that he controlled the corporation.”5 The issue was Musk’s compensation plan, which potentially would have earned Musk as much as $55 billion, if certain stock value benchmarks were met.
Ultimately, the court, having decided that Musk controlled Tesla, ordered a rescission of the entire Musk compensation plan. The opinion is exceptionally long and detailed, but it follows a trail that leads from the control issue to a decision that the disclosures relating to a shareholder vote of “non-interested shareholders” were misleading, to then a breach of fiduciary duty. It appears that the case will be appealed to the Delaware Supreme Court.
Both of these cases were decided by a single judge without a jury, which is the structure of the Delaware Chancery Court. This formula has worked for years, but my observation, based on these two cases, is that the formula might be fraying at the edges. Judge McCormick, the chancellor in the Musk case, had the following statement: “This decision dares to ‘boldly go where no man has gone before,’ or at least where no Delaware court has tread.”6 Is this the statement of an impartial jurist or the bias of an individual that should be impartial?
Realizing that the Supreme Court has the final say in both of these cases, it is nevertheless troubling to me that, in both cases, a single judge appeared to perhaps have stretched to get to a control conclusion so that the “entire fairness” standard could be used to punish the defendants. Musk has already threatened to move Tesla’s domicile out of Delaware to Texas. In the Palkon case, the court did not restrict a move to another state, Nevada, but exacted its one-person applied penalty to the company on the way out.
Is Delaware losing its luster as being the “corporate friendly” state? Is Delaware the guardian or the bully?
JUDSON Bennett’s Coastal Network
OPINION
Dear Friends,
President Joe Biden drops out of the 2024 Presidential election, after immense pressure from fellow Democrats.
Frankly, I did not think he would give it up. However, it is probably the only chance the Democrats now have?
I do regret not being part of his inevitable defeat as the nation’s worst President!
Stay tuned, as the situation develops!
Yours truly,
JUDSON Bennett-Coastal Network.
OPINION
Dear Friends,
I told everyone these Chancery Court Chancellors were getting too powerful and too crazy — and no one listened to me under Andre Bouchard and Leo Strine! Now, thanks to the heroics by the Delaware legislature — they are reining in Delaware Chancery Court Chancellor Kathaleen McCormick and Vice Chancellor Travis Laster.
Why, folks, did it have to get to this point? I’ve been warning the public for YEARS about Chancery Court corruption! Read the Law360 story below for more. Please send your feedback, it is welcome and appreciated.
Del. Gov. Signs Hotly Contested Corp. Law Amendments
By Jeff Montgomery
Law360 (July 17, 2024, 7:54 PM EDT) — Delaware Gov. John Carney signed into law on Wednesday state code amendments allowing corporations to cede some governance rights to stockholders, as well as some state corporate oversight to other jurisdictions.
Delaware Gov. John Carney on Wednesday signed into law controversial changes to the First State’s General Corporation Law. (AP Photo/Evan Vucci)
The amendments to the Delaware General Corporation Law became the focus of a rare, public, national battle over the usually quiet, near annual update. It pitted, in part, stockholders and others wary that the deals would erode their voice in corporate governance and company interest in preserving abilities to delegate some rights to big stockholders usually reserved for company boards.
Disputes over the deals came to a head with Chancellor J. Travis Laster’s February decision in West Palm Beach Firefighters Pension Fund v. Moelis & Co., invalidating an agreement between investment bank Moelis & Co. and its founder Ken Moelis.
Some two months later, a Delaware State Bar Association panel produced draft legislation that would shield future Moelis-type rulings, with the state’s General Assembly sending the bill to Carney in late June. The measure, S.B. 313, won approval by a 34-7 margin in the state House after little more than an hour of testimony, a week after passing the state Senate without dissent.
Debate in the House was marked by rare public criticism of both Vice Chancellor Laster and Chancellor Kathaleen St. J. McCormick. The chancellor on April 12 sent a letter to the DSBA’s executive committee questioning the unusual rush to amend state corporation law and saying that “there is no justification for the rushed nature of the proposal, nor the unfair decision now being foisted” upon the committee in the waning weeks of Delaware’s six-month legislative session.
The governor signed the bill just ahead of a hearing Thursday on a bid by stockholder attorneys in the Moelis case for a $6 million fee for winning the case that triggered the law change. Counsel for Moelis argued that class attorneys should get a fee in the $450,000 to $600,000 range.
Attorneys for Saxena White PA, counsel for the stockholders in the Moelis case, said in a brief filed May 9 that the then-winning attorneys deserved far more for a “precedent-setting judgment invalidating a control device that distorted every director election and constrained effectively every board-level decision.”
During a Senate hearing on the bill in June, Srinivas Raju of Richards Layton & Finger PA, chairman of the state bar’s corporation law section, told the Delaware Senate Judiciary Committee that thousands of contracts might be called into question by the Moelis finding, and cautioned that the case had created uncertainty about “many types of contracts.”
Greatest GOP CONVENTION in my lifetime–Trump Was Fantastic !
Dear Friends,
With Hulk Hogan, Kid Rock, Eric Trump, Dana White, and many others, creating a fantastic unified Republican Party was indeed a pleasure to watch for this dedicated Republican. Indeed it was the best Republican Convention of my lifetime.
Folks, Donald Trump gave a fantastic speech, talked with humility about his near death experience from an assassin’s bullet. He called it a DIVINE INTERVENTION.
He honored the fireman who was killed. He spoke about fixing the border, finishing the wall, stopping inflation, making the US energy independent again, and lowering our taxes. He promised to fix the abomination created by the current administration. Indeed, Trump will make America great again and he is going to win.
Those of you who watched the convention have to agree with me. It was a great event and Trump was humble, charismatic, and innovative.
God bless America and God bless Donald Trump, his entire family, and JD Vance our VP candidate.
November will be the beginning of a new era of prosperity and freedom in our country when Trump and Vance are elected. So be it.
As always, your comments are welcome and appreciated.
The Republican National Committee has gotten underway in Milwaukee, Wisconsin where former President Donald Trump was officially nominated as the Republican candidate for President of the United States.
Having survived a malicious assassination attempt and waving his fist in defiance, Donald Trump has been lauded as the great hope of America and a man of superb courage by his fellow Republicans. The image of his bleeding face and shattered ear is being shown around the world.
Ohio Senator J, D. Vance has been chosen by Trump as his Vice President and was also officially nominated. Indeed this choice is a prudent decision and will insure, in my view, Trump’s victory in Ohio and nearby PA!
Indeed the entire Republican party is unifying with upcoming speeches in the next few days from former SC Governor Nikki Haley and Florida Governor Ron DeSantis.
Folks, we have a wonderful opportunity to take back our country. I urge you to watch the Republican convention and vote accordingly in November.
It was with horror as I watched the attempted assassination of former President Donald Trump at his rally in Butler, PA. The bullet missed his skull by an inch, but hit his right ear. The shooter opened fire from the top of a building approximately 160 yards away. Unfortunately a firefighter was killed and two others were also wounded who came to hear Trump speak.
Frankly, it was a miracle Donald Trump was not killed, as he turned his head just in time, preventing the bullet from piercing his skull. The shooter, a 20 year old named Thomas Mathew Crooks, was immediately shot and killed by a secret service sniper. Trump, after being swarmed by Secret Service agents, waved his fist in defiance, as he was removed and put in an ambulance. Indeed, it will be a picture shown around the world.
As to how the shooter was able to get on top of the nearby building in the first place is indeed of great concern and has prompted a huge investigation not only into the shooter, but also into apparent Secret Service incompetence and leadership. Trump is going to be Ok and has headed for the GOP Convention in Wisconsin.
In the aftermath of the assassination attempt, President Biden addressed the nation in an insipid speech about calming down the political rhetoric. Considering Biden’s consistent hate filled vitriol about Trump which no doubt in my view inspired the murders at the rally and attempted murder of former President Trump. Biden’s hypocrisy as usual was apparent.
Trump has been through hell by the Democrats in every way possible including the Russia deal, false criminal and civil charges, and now an attempt on his life. Well folks, Trump is still here and I believe he is going to be our next President. So be it.
What do you think ?? As always your comments are welcome and appreciated.
Respectfully submitted,
JUDSON Bennett-Coastal Network
Please followme on LinkedIn:
https://www.linkedin.com/in/captainjudsonbennett
OPINION
Dear Friends,
A HUGE sum of money is at stake in the Delaware Chancery Court as Kathaleen McCormick is set to decide on attorney fees in the Tesla and Elon Musk pay package case. Up to $7.3 billion will be doled out to her legal pals. I wrote in my last column about how these could be her future employers and I smell massive conflict here!
One thing I’ve learned in my many years writing about this court, folks, is that McCormick will do what is best for the attorneys and her legal pals, and NOT what is in the best interest of the shareholders, which is her sworn duty.
As I see it, count me as someone who has zero faith that the Chancery Court will do their job the way it should be done. Please read the Reuters story below and keep your feedback coming on this. It may be months before we know the outcome!
Public policy favors $7 billion fee award in Musk pay case, Tesla shareholder’s lawyer says
By Tom Hals
July 8, 20247:57 PM EDT
WILMINGTON, Delaware, July 8 (Reuters) – A record $7 billion in attorneys’ fees for three firms that successfully challenged Elon Musk’s $56 billion Tesla pay package provides an incentive for lawyers to hold corporate boards accountable, an attorney for a company shareholder told a Delaware judge on Monday.
For more than six hours, legal teams for the company and a shareholder sparred over how much to award to three law firms which represented Richard Tornetta, who owned nine shares of Tesla when he sued over Musk’s pay package in 2018.
The fee Tornetta has asked for on behalf of the firms equals around $7.3 billion at Tesla’s Monday stock price and amounts to a rate of roughly $370,000 for every hour worked by the 37 lawyers, associates and paralegals, court documents submitted by Tornetta’s lawyers showed.
John Reed, Tesla’s lawyer, said on Monday that the fee petition never should have been filed. “It looks like a real-life lawyer joke,” he told Chancellor Kathaleen McCormick of the Court of Chancery.
The legal fee represents a cut of the value that the plaintiff’s lawyers say was created for Tesla (TSLA.O), opens new tab by a Delaware judge’s January ruling that rescinded Musk’s $56-billion pay package.
The firms that represented Tornetta include Bernstein Litowitz Berger & Grossmann.
Tornetta’s attorney Greg Varallo said the shareholder’s legal team was seeking far less than the law allows, which is up to 33% of the benefit to Tesla from the lawsuit.
He said the January ruling was the largest judgment ever by an American court, excluding punitive damages, and argued that Tornetta’s lawyers should receive 11% of that judgment paid in the form of 29 million Tesla shares.
Varallo argued that a large fee award would encourage shareholder attorneys to try to protect small investors.
“If Delaware continues to perceive value in policing bad behavior, then narrowing incentives would be a very bad idea,” Varallo said.
Reed countered that the January ruling destroyed value by sending Tesla’s stock down as it created uncertainty about Musk’s future at the company.
He asked McCormick to award as little as $13.6 million as a fee.
More than 8,000 Tesla stockholders have flooded the court with some 1,500 letters and objections over the fee, according to court documents.
The request vastly outstrips the current record fee in shareholder litigation of $688 million in an Enron class action, according to Stanford Law School.
The Musk case took a dramatic turn when Tesla shareholders in June voted to ratify Musk’s pay, which Tesla has argued corrected the flaws in the 2018 process that McCormick identified in her ruling.
The company argues that Musk’s pay package has been restored and that Tornetta’s legal victory has been transformed into a loss.
McCormick will hear arguments about the legal impact of the ratification vote in the coming weeks.
McCormick may take weeks or months to rule on the legal fee. The Delaware Supreme Court is considering a $267 million fee request in a shareholder class action involving Dell Technologies and that decision could provide fee guidance.Exciting news!Interesting developmentImportant decision
OPINION Dear Friends, It’s clearly unethical, folks, for Chancellor McCormick and Vice Chancellor Travis Laster to be publicly commenting on their cases.
Yet in Delaware, they do so with impunity. Even more illegal than public commenting, Laster and McCormick have taken to lobbying the legislature about their cases–this is clearly illegal as it violates the Constitution’s “Separation of Powers” principles.
If Chancellor McCormick wants her whiney-activist voice heard by the legislators, then by God she should run for office and get elected! She was hired to interpret the law, not lobby or interfere with making law. In other states, they would be strongly rebuked, fired, or impeached. But in Governor John Carney’s Delaware, it’s just another day at the Chancery Court offices.I called Laster out on LinkedIn, see his answer in the photo below. What do you think of his answer? Send me your thoughts and feedback. I’m not the only one calling Laster and McCormick out, see this Delaware Call article: Sparks fly in final hearing on corporate law amendments | Delaware Call
Billions are at stake, folks! You read that right… BILLIONS! Delaware Chancery Court Chancellor Kathaleen McCormick is set to decide on attorney fees in the Tesla and Elon Musk pay package case. Attorneys are asking for a $7.3 billion pay day! A record amount, as three firms await that potential jackpot !
The HUGE issue at stake here is that the law firms in this case could be a future firm of employment for McCormick? In my view, folks, there is a revolving door pattern in Delaware. It is and always has been a cottage industry! Lawyers become Judges and then often become partners in law firms that appeared in their Court? In my view, it’s an incestuous world that judges and attorneys circulate in, as they hang out at the country club and run in the same circles?? That often creates a cesspool of problems for anyone outside of this world, such as for company executives or shareholders?! No matter what, as I see it, the judges and attorneys win.
How high do you think McCormick will award, folks?? $7.3 billion?? Less? Please read the Reuters story below and send your predictions and feedback. It is always appreciated and welcome.
Public policy favors $7 billion fee award in Musk pay case, Tesla shareholder’s lawyer says
By Tom Hals
July 8, 20247:57 PM EDT
WILMINGTON, Delaware, July 8 (Reuters) – A record $7 billion in attorneys’ fees for three firms that successfully challenged Elon Musk’s $56 billion Tesla pay package provides an incentive for lawyers to hold corporate boards accountable, an attorney for a company shareholder told a Delaware judge on Monday.
For more than six hours, legal teams for the company and a shareholder sparred over how much to award to three law firms which represented Richard Tornetta, who owned nine shares of Tesla when he sued over Musk’s pay package in 2018.
The fee Tornetta has asked for on behalf of the firms equals around $7.3 billion at Tesla’s Monday stock price and amounts to a rate of roughly $370,000 for every hour worked by the 37 lawyers, associates and paralegals, court documents submitted by Tornetta’s lawyers showed.
John Reed, Tesla’s lawyer, said on Monday that the fee petition never should have been filed. “It looks like a real-life lawyer joke,” he told Chancellor Kathaleen McCormick of the Court of Chancery.
The legal fee represents a cut of the value that the plaintiff’s lawyers say was created for Tesla (TSLA.O), opens new tab by a Delaware judge’s January ruling that rescinded Musk’s $56-billion pay package.
The firms that represented Tornetta include Bernstein Litowitz Berger & Grossmann.
Tornetta’s attorney Greg Varallo said the shareholder’s legal team was seeking far less than the law allows, which is up to 33% of the benefit to Tesla from the lawsuit.
He said the January ruling was the largest judgment ever by an American court, excluding punitive damages, and argued that Tornetta’s lawyers should receive 11% of that judgment paid in the form of 29 million Tesla shares.
Varallo argued that a large fee award would encourage shareholder attorneys to try to protect small investors.
“If Delaware continues to perceive value in policing bad behavior, then narrowing incentives would be a very bad idea,” Varallo said.
Reed countered that the January ruling destroyed value by sending Tesla’s stock down as it created uncertainty about Musk’s future at the company.
He asked McCormick to award as little as $13.6 million as a fee.
More than 8,000 Tesla stockholders have flooded the court with some 1,500 letters and objections over the fee, according to court documents.
The request vastly outstrips the current record fee in shareholder litigation of $688 million in an Enron class action, according to Stanford Law School.
The Musk case took a dramatic turn when Tesla shareholders in June voted to ratify Musk’s pay, which Tesla has argued corrected the flaws in the 2018 process that McCormick identified in her ruling.
The company argues that Musk’s pay package has been restored and that Tornetta’s legal victory has been transformed into a loss.
McCormick will hear arguments about the legal impact of the ratification vote in the coming weeks.
McCormick may take weeks or months to rule on the legal fee. The Delaware Supreme Court is considering a $267 million fee request in a shareholder class action involving Dell Technologies and that decision could provide fee guidance.
JUDSON Bennett’s Coastal Network
Opinion
Dear Friends,
As I approach being a senior citizen, being a political pundit — probably knowing more about Delaware and Joe Biden than most people — having run a high-pressure campaign against him for Ray Clatworthy (R) in Sussex County (the last time Biden ran for the Senate), done extensive opposition research on him, I am amazed just how little Donald Trump and the people running his campaign actually know!!
Regardless, Joe Biden is and always has been a nefarious liar, con man with incredible charisma, and the biggest phony on the planet, who has been able to fool the people of Delaware and the nation for years. I am positive he is guilty of influence peddling, treason, bribery, sexual assault (ask Tara Reid) and slander. Now, besides being the most evil and insidious man I know, he has become senile and grotesquely incompetent and is clearly putting our national security at risk. His wife Jill Biden is no better. She also is a huge liar and a phony as well and has supported Biden and his crime family throughout her marriage, after betraying and cheating on her first husband Bill Stevenson! Her book is filled with lies and untruths, especially how she and Joe met.
Biden, in my educated view, is guilty of negligent homicide, indirect drug peddling, indirect human trafficking, and indirect collusion with the Mexican cartels! Folks, Biden is 100% responsible for millions (15 million plus) of illegal aliens pouring into our country creating economic chaos, huge increases in crime, murder of innocent Americans, and much more!!!!! Biden has indirectly killed over 100 thousand Americans from the Fentanyl poisoning that these illegals are bringing into our country. Biden’s border policy is beyond understanding or reason??? He is pure evil folks and is the worst President in US history!!!
Biden’s withdrawal from Afghanistan was despicable, getting 13 Americans killed and leaving millions upon millions of dollars of military equipment behind making the Taliban the best equipped terrorist group in the world.
Biden and the Democrats that support him are intent on turning this country into a Socialist hell hole with a few wealthy elites at the top living in luxury, while the average American lives in poverty and mediocrity with no hope and no future! Biden is about destroying the American dream that our founders created. Biden has weaponized the justice system to attack his political opponents-using Banana Republic tactics. There is a definite threat of Biden and the monsters that support him of turning this country into an Orwellian society that will make the old Soviet Union look like Child’s play!!
Folks, Donald Trump, despite some aspects of his personality and some mistakes in trusting certain people (because he was never a politician) has a great plan and proved it when he was President. We were energy independent and had a thriving economy. Biden has destroyed all of that creating unprecedented inflation that is killing the middle class.
This monster, this fake person–named Joe Biden (the worst President in US history), that the people of America have elected as their President, must be dethroned and those criminals that are with him removed from office or folks your country will be lost and you won’t like what comes!!
This is what I feel, this is what I know, and this I believe is the truth.
As always, your comments are welcome and appreciated. Folks, the evidence is right in front of you.
Sincerely yours,
JUDSON Bennett-Coastal Network
Please follow me on LinkedIn:
https://www.linkedin.com/in/captainjudsonbennett
OPINION
Dear Friends,
TransPerfect and its leader and founder Phil Shawe want to help future company executives, who may do battle in Delaware’s Chancery Court by supporting Senate Bill 313. From my understanding of the bill, it would curb some of the Chancery Court’s unchecked power and bring some needed change that America’s First State should implement!
Mr. Shawe has reason to be involved and concerned, considering the inequitable rulings against his company by former Chancellor Andre Bouchard and now Chancellor Kathaleen McCormick. I hear that she and her Vice Chancellors are not happy about the reduction of some of their power! Rumors are swirling around Delaware that she may be unethically working against the bill?? If true, this would be totally improper!
See the announcement below for more details on this important moment. Will Governor John Carney do what’s right — and more importantly, what’s needed — for our beloved state of Delaware? Please share your feedback on this. It is always welcome and deeply appreciated.
NEW YORK, July 3, 2024 /PRNewswire/ — In the wake of a string of high-profile cases in recent years, and amid record scrutiny for Delaware’s Chancery Court, TransPerfect Founder Phil Shawe has released the following statement on SB 313, a new law passed by the Delaware Legislature that provides some disruption to the court’s runaway train of unchecked power:
“SB 313 doesn’t recoup the detriment caused to our company, nor our tens of thousands of team members, but it is an assertion that change is not only needed, but imminent, for a court that has exhibited rampant overreach in recent years. To have multiple members of the court actively working to influence the legislature—a body that is meant to be distinctly independent from the judiciary—epitomizes the desire for dominance the Chancery Court flaunts.
“The proposed amendments in SB 313, written by the Corporate Law Council—the group responsible for reviewing, recommending, and developing changes to Delaware’s corporate law—allow corporations to enter into stockholder contracts even if provisions are not set forth at incorporation. The law reins in the Chancery Court’s recent rulings that exhibit absolute authority as opposed to the fair arbiter of business law attracting millions of incorporations to the state.
OPINION
Happy 4th of July from Judson Bennett and Your Coastal Network!
Dear Friends,
On behalf of the Coastal Network I wish everybody a wonderful 4th of July as we celebrate our Independence Day.
Indeed, considering the shaky Biden administration, his outrageous border policy — increasing the threat of terrorism, we must remain eternally vigilant if we are to remain a free nation.
That being said, I wish you many blessings and a happy day.
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Look at this greedy money-grab in legal fees by the Friedlander & Gorris law firm, which the Delaware Chancery Court approved! Charging and getting a WHOPPING $14 million on a $71 million settlement and it being allowed is outrageous. I was never a math professor folks, but that’s 20%! In my book, that’s Mafia fees! If that were my credit card company, I would cancel my credit card for charging such outrageous, exorbitant 20% fees!
Delaware Chancery Court Vice Chancellor J. Travis Laster approved the proposed settlement, saying it’s “fair and reasonable.” Ludicrous on every level in my view! How this absurdity is allowed is unbelievable and an insult to all of Delaware and its citizens who have to put up with this arbitrary and capricious behavior by those running the Chancery Court! There is no doubt folks, in my opinion, that the Delaware Chancery Court, while not necessarily providing equity, has indeed become a viable industry, which allows and facilitates the making of tons of money by those connected lawyers who participate in its operation?!
Please read the article below and send your feedback on this, folks. It’s always welcome and appreciated, whether you agree or disagree.
Chancery OKs $71M Premier Deal, $14M Four-Firm Fee
By Leslie A. Pappas
Law360 (June 25, 2024, 4:45 PM EDT) — Shareholder attorneys led by Friedlander & Gorris who negotiated a $71 million settlement to end derivative Delaware Chancery Court litigation with healthcare-purchasing giant Premier Inc. will get $14 million for their efforts, the total fee award they sought.
At a web-based hearing Tuesday morning, Delaware Vice Chancellor J. Travis Laster approved the proposed settlement and the requested fee award, calling $71 million a “fair and reasonable” result for a “complex case,” and the $14 million award appropriate for litigation that raised “serious and reasonable claims.”
The settlement ends two years of derivative litigation from shareholders represented by Friedlander & Gorris PA, Robbins Geller Rudman & Dowd LLP, Shobe & Shobe LLP, and VanOverbeke Michaud & Timmony PC.
The City of Warren General Employees Retirement System sued the board and top officers of the health care group-purchasing giant in March 2022, challenging a corporate restructuring in 2020 that eliminated the company’s dual-class structure and included a $473.5 million termination payment on tax receivable agreements with certain holders of Class B stock.
Headquartered in Charlotte, North Carolina, Premier went public in 2013 with two classes of stock: Class A stock, which was publicly traded; and Class B stock, which was held exclusively by healthcare companies affiliated with Premier directors and other pre-IPO investors.
The TRAs, which were negotiated with Premier directors and insiders just before the company went public, required the company to make cash payments to certain Class B stockholders whenever the company took advantage of certain types of tax savings from deferred tax assets.
The 2020 restructuring eliminated that liability for the company via a one-time early payout that terminated the tax receivable agreements. But shareholders asserted that the tax assets were worth $225 million less than what the company paid for them.
In their complaint, revised in May, shareholders questioned why the board used a 1.15% discount rate to calculate the TRA payout, rather than a 10% discount rate, which had been used several years earlier when the board negotiated a separate TRA buyout with one of its largest members, the Greater New York Hospital Association.
If the case had gone to trial, the board would have had to justify the “low” 1.15% rate, Vice Chancellor Laster said at the hearing Tuesday. “If there’s any number that jumps out in the case, it’s that one,” he said.
Shareholders obtained books and records from the company and investigated for about a year and a half before filing the 75-page complaint in March 2022, Jeffrey M. Gorris of Friedlander & Gorris PA, an attorney for the shareholders, told the court at the hearing Thursday.
The tax receivable agreements “are simple at the basic level, but the nuances get pretty complicated,” he said. Proving the case would have been “challenging,” he said.
Defendants never filed a motion to dismiss. Shareholders decided to go into mediation mid-way through the case after weighing the risks of ongoing litigation, Gorris told the court.
“We thought mediation would be a good idea,” Gorris said. “We got a feel from the defendants that they had a very different view of the case than we did.”
William Lafferty of Morris Nichols Arsht & Tunnell LLP, an attorney for some of the company’s directors, told the court Tuesday that the litigation was “hard fought all the way.”
If the case had gone to trial, defendants could have shown that the transaction was fair, but the company nevertheless decided that settling the case would be a better use of time and energy, Lafferty said.
“This company wanted to move forward with its business and without litigation overhang,” Lafferty said. “Settling this litigation and moving forward was the right thing for this company.”
Although mediations in June and October did not result in a settlement, the parties continued talking afterward and on Nov. 29 agreed to settle the action for a $71 million cash payment.
Parties announced the settlement in February, saying the directors’ and officers’ insurance carriers would pay the entire settlement amount.
City of Warren General Employees Retirement System is represented by Joel Friedlander, Jeffrey M. Gorris, and Christopher M. Foulds of Friedlander & Gorris PA, Randall J. Baron and Benny C. Goodman III of Robbins Geller Rudman & Dowd LLP, Gladriel Shobe and Jarrod Shobe of Shobe & Shobe LLP, and Thomas C. Michaud of VanOverbeke Michaud & Timmony PC.
Premier Inc. is represented by Steven S. Scholes, Ashley R. Altschuler, Harrison S. Carpenter, and Kevin M. Regan of McDermott Will & Emery LLP.
Certain director defendants are represented by William M. Lafferty, Thomas W. Briggs Jr., and Matthew R. Clark of Morris Nichols Arsht & Tunnell LLP.
The special committee defendants are represented by Gregory P. Williams, Blake Rohrbacher, Kevin M. Gallagher, Matthew W. Murphy, Nicole M. Henry and Andrew L. Milam of Richards Layton & Finger PA.
The case is City of Warren General Employees Retirement System v. Michael Alkire, et al., case number 2022-0207, in the Court of Chancery of the State of Delaware.
–Additional reporting by Jeff Montgomery. Editing by Peter Rozovsky.
OPINION
Dear Friends,
I am not so happy about this Delaware Supreme Court ruling that reversed a prior ruling by the Superior Court on February 23rd, which stuck down early and absentee voting laws brought about by a lawsuit from Senate Minority Leader, Gerald Hocker (R) and Elections Inspector, Michael Mennella—stating that they did not have “Standing” to bring the suit in the first place.
Folks, this simply reinstates the opportunity for fraud in my opinion. I personally experienced the tampering of 13 absentee ballots that were voted in my election for Sussex County Council (one of Delaware’s closest elections) several years ago where with 20,000 people voting, these 13 paper ballots were counted and plugged into the total count, but were missing!!! I ended up losing by 3 votes. I believe I won the election by 10 votes because 13 votes I am certain were thrown out by a few corrupt individuals (which votes were for me, but I couldn’t prove it in the Court recount). That is ancient Delaware history, but still sticks in my craw!
This Delaware Supreme Court ruling, in my view, could certainly be a typical, political ruling by a compromised Superior Court, brought forward by liberal, Democrat AG, Kathy Jennings who was able to reverse a good decision by the Superior Court. I ask, why would an elected State Senator and an Elections Inspector not have standing to bring about this justified legal action that has been overturned?????
Perhaps the Delaware Superior Court clearly wants Delaware to remain blue, thus allowing wide open, early absentee voting which gives great opportunity for election fraud???
Folks, voting should be accomplished only on Election Day by personal voting at the polls. In my opinion, there should only be absentee ballots allowed for a determined medical excuse or other designated problems, not for widespread early voting — leaving doubt on the integrity of Delaware elections??
Please read the article below and tell me what you think. As always, your comments are welcome and appreciated.
WILMINGTON — The Delaware Supreme Court on Friday unanimously reversed a Feb. 23 Superior Court ruling that struck down early and absentee voting laws.
It follows an appeal brought by the state and Attorney General Kathy Jennings after a lawsuit filed by elections inspector Michael Mennella and Senate Minority Leader Gerald Hocker, R-Ocean View — which challenged the constitutionality of the policies — was affirmed by Superior Court.
In that Superior Court decision, the judges ruled that, while the spirit of the early- and absentee-voting laws was not what was being ruled on, the General Assembly’s passage of them was not in line with the Delaware Constitution.
In Friday’s ruling, Justice Gary F. Traynor determined that both plaintiffs lacked proper legal standing to challenge the policies, which led the body to not reach the merits of their state constitutional claims.
“Because we conclude that the plaintiffs have not met their burden of establishing imminent or particularized harm — crucial standing elements — our answer to the question is dispositive,” Justice Traynor wrote. “For the reasons that follow, we have concluded that neither of the plaintiffs has standing and therefore reverse the judgment of the Superior Court.”
The reversal came by a 5-0 vote of the Supreme Court justices. It effectively restores the Department of Elections’ ability to conduct early and absentee ballot voting for all primary, general and special elections in 2024.
In the earlier Superior Court ruling, Judge Mark Conner ruled that the state constitution only provides one day for general elections, “not any day or series of days the General Assembly sees fit.”
He also wrote that the absentee law contradicts the Delaware Constitution because such policies are provided for individuals “who shall be unable to appear to cast his or her ballot at any general election” and are not indefinite.
But the Supreme Court determined that Mr. Mennella’s argument of standing as an elections inspector, Sen. Hocker’s argument as a political candidate and both men’s roles as individual voters dictate “that we should not address the plaintiffs’ substantive constitutional arguments.”
In 2022, the Court of Chancery struck down voting-by-mail and same-day voter registration laws in a case filed in part by Michael Higgin, a candidate for the 15th District in Delaware’s House of Representatives.
The decision concluded that an “extra-constitutional statute” could put the candidate at risk of defeat, since Mr. Higgin could provide standing as an active candidate in 2022.
With that ruling in mind, the Supreme Court noted that Sen. Hocker was elected in 2022 for a term to expire in 2026. Due to this, the high court ruled in disagreement that the Senate Republican leader has standing as an active candidate.
In the 2022 election, 56,000 Delawareans used early voting, according to the Department of Justice, and roughly 21,000 — including veterans, disabled individuals and caregivers — used permanent absentee voting.
“Enough of these thinly-veiled partisan attempts to suppress votes — especially of our most vulnerable citizens,” Attorney General Jennings said in a statement Friday.
“Whether you voted for me or not, this is your most fundamental right, and I promised never to stop fighting for it. I’m grateful to the Court for its ruling and for agreeing to hear this case on an expedited basis so that Delawareans know their rights going into the September and November elections.”
Following the decision, House Minority Whip Lyndon Yearick, R-Magnolia, pushed back on the court’s lack of stance on the constitutionality aspect of the early- and absentee-voting policies, and reiterated support for outstanding legislation to implement early voting.
“The High Court sidestepped the core question of constitutionality by throwing out the lower court’s ruling on ‘standing,’” Rep. Yearick said in a statement. “As the justices explained, ‘standing’ simply determines who can bring a legal challenge, not the merits of the case. This is frustrating because the constitutionality issue was our sole concern.
“We support early voting. In fact, immediately after the Superior Court issued its decision in late February, I introduced House Bill 320 to swiftly restore it. (Sen. Hocker), a plaintiff in this case, was also a prime sponsor of HB 320. However, the Democrat-controlled House Administration Committee stalled the bill for nearly four months without a hearing.”
Rep. Yearick’s first leg of a constitutional amendment to reinstate early voting has indeed not received consideration since being introduced March 5.
Meanwhile, the first leg of a constitutional amendment to reinstate absentee voting — which passed the Senate in May 2023 — narrowly failed in the House on June 13 of this year.
During those bills’ discussions, Republican lawmakers reiterated their disappointment that both measures originally became law without the typical amendment process and stressed their preference to let the expedited court decision play out.
Such amendments require two-thirds support from consecutive General Assemblies to become law.
Sunday is the final day of the 2024 legislative session, but as of Friday, neither bill is scheduled for consideration that day.
OPINION
Dear Friends,
I watched the entire Presidential debate and even took notes. Without a doubt, Trump clearly won the contest, maintaining a cool presence, while Biden seemed confused, had lapses of memory, and looked terrible.
President Biden, after spending 10 days at Camp David, prepping for the event, possibly juiced up with Adderall, was not able to carry it off ! In my view, besides his outrageous and despicable Border policy — sending millions of unvetted illegal aliens across the border- including terrorists, rapists, murderers, and drug dealers — being a lifetime, nefarious liar, a criminal, and an incompetent leader, indeed his suspected senility was obvious during the debate! Trump pointed out effectively every negative aspect of Biden’s administration, while Biden was not able to make any realistic points against Trump–even on the January 6th situation or the abortion issue.
In the aftermath of the debate, even the Democrats have gone into a complete panic mode and are considering replacing him at the Democratic convention, by asking him to agree not to run or perhaps playing hardball, and the delegates nominating someone else in a floor fight?
Frankly, I believe Jill Biden. is despicable in her ambitious desire to keep senile Joe in office. Indeed, she must be totally aware of Joe’s mental decline and should be ashamed of herself.
In conclusion, I give CNN credit for running a fair debate–the questions were fair and the operation went smoothly.
Donald Trump stepped into the “Lion’s Den”, operated completely under Biden’s rules and dominated the debate totally. On the other hand, it is now clear that President Joe Biden’s ineffective and poor performance during the debate, despite his incessant dishonesty during his entire career, who indeed once was an effective orator, with charisma that Delawareans apparently bought “hook line and sinker” for years, now has advancing, senile dementia, and is not competent to be President of the United States!!!!!
That is how I see it. Folks, you all saw the debate. What do you think? As always your comments are welcome and appreciated. Enough said !
Here’s the New York Post story that marks exactly when things turned sour for Tesla and Elon Musk’s pay package. This is when Kathaleen McCormick, Chancery Court Chancellor, stole the spotlight and began what would become her deciding that Tesla shareholders don’t hold the power in their own company.
We saw it with TransPerfect and defamed former Chancellor Andre Bouchard stealing the spotlight and deciding he knew better than presiding shareholders at that company. Now we’re seeing it again with Tesla and Musk as they will again battle with McCormick over Musk’s pay package.
See the New York Post story below and please send your feedback, folks. It’s always welcome and appreciated.
Judge in Elon Musk’s Twitter suit also overseeing $56B Tesla pay package case
By Social Links for Thomas Barrabi Published July 20, 2022, 10:54 a.m. ET
The judge overseeing Elon Musk’s legal battle with Twitter in Delaware Chancery Court this fall is also handling another fight over the Tesla pay package that helped make him the world’s richest individual.
Kathaleen McCormick, the chief judge of Delaware Chancery Court, is presiding over a separate lawsuit challenging Musk’s $56 billion pay package at Tesla.
Both that trial and Musk’s fight with Twitter over a nixed $44 billion takeover deal are scheduled to take place in October.
Tesla shareholder Richard Tornetta’s lawsuit alleges the 10-year stock-based incentive package that Musk received in 2018 was excessive – in part because Musk, as the company’s largest individual shareholder, was already well incentivized to achieve performance goals.
Musk’s bid to buy Twitter and subsequent effort to back out of the deal could have an impact on the other lawsuit. Tesla shares have been under pressure in recent months, sinking as Musk publicly clashed with Twitter’s board over the number of spam bots in the social media app’s user base.
As Reuters noted in April, the shareholder lawsuit asserts in part that Musk’s Tesla pay package has failed to secure his full attention. Aside from his back-and-forth negotiations with Twitter, Musk is CEO of commercial space firm SpaceX and the founder of The Boring Company and Neuralink.
The stock compensation plan allowed Musk to earn more than 100 stock options in 12 “tranches” tied to Tesla’s performance over a 10-year period. The pay package received shareholder approval in March 2018. Since then, Tesla’s stock has surged more than 1,000%.
Tornetta’s lawsuit asserts the compensation plan is flawed because it does not require him to devote himself full-time to Tesla’s operations. While the deal is valued at $56 billion if all performance goals are met, the total value could rise even higher alongside Tesla’s share price.
“Look at most CEO contracts. The first line, it says ‘you’re going to be a full-time CEO and devote substantially full time to the business and affairs of the company.’ That’s standard,” Greg Varallo, an attorney for the firm involved in the case against the pay package, told Reuters in April.
Tesla attorneys have noted the company’s rapid stock growth since the deal was enacted and pointed out that the agreement was approved by independent directors and stockholders.
The trial over Musk’s Tesla payday is slated to begin on Oct. 24 and last for five days.
Meanwhile, Musk suffered a setback in his looming clash with Twitter after McCormick approved the company’s request for an expedited trial. That trial also will begin in October and take place over a five-day period.
Twitter is seeking to force Musk to follow through on his original $44 billion deal to buy the company with the backing of a court order – though it’s unclear the billionaire would actually honor the Chancery Court’s decision if he lost the case.
McCormick’s handling of the Twitter case is seen as significant since she is one of the few judges on record who has directed a corporate entity to close a deal they tried to exit.
OPINION
Dear friends,
This Thursday, June 27, 2024 at 9 PM EST, former President Trump will debate President Biden on national television. Indeed, the whole world will be watching.
The debate will be conducted on anti-Trump CNN with two anti-Trump moderators. No doubt Trump is stepping into a stacked deck, however, he often thrives under adverse and biased conditions, and will I believe prevail — despite the biased arena.
Regardless of Biden’s constant prevarications, suspected criminality, and absolute incompetence in every possible way, he also appears senile and mentally compromised. Yet, during the State of the Union address, he appeared alert and was able to read the teleprompter.
There is speculation that Biden was juiced up with a temporary mental enhancing drug for that occasion? Frankly, I believe Biden will be juiced up again and will appear alert for the debate, and might be able to deliver relevant remarks for awhile, especially after his intense, week-long training at Camp David.
However folks, Biden will not have a teleprompter and even though he possibly will have been given the questions ahead of time by CNN, and the questions will surely be geared his way, he could easily fall apart or make a critical mistake!
I believe Trump will prevail and Biden will not be able to compete, regardless of the compromised arena, biased CNN commentators, and a partial gag order from a corrupt NY Judge!
We will see how it turns out? That is the way I see it. As always your comments are welcome and appreciated.
Respectfully Submitted,
Judson Bennett-Coastal Network
Please follow me on LinkedIn:
https://www.linkedin.com/in/captainjudsonbennett
Opinion
Dear Friends,
Donald Trump’s presidential campaign has received a $50 million boost from the conservative billionaire Timothy Mellon, a federal filing showed on Thursday.
The Super-Pac fund called “MAGA Inc” disclosed to the Federal Election Commission that it took in more than $68 million from donors last month.
Reuters reported that Mr. Mellon, an heir of the Pittsburgh-based Mellon banking family, gave $50 million. Another $10 million came from billionaires Liz and Dick Uihlein.
U.S. media reported that Mr. Mellon sent the donation the day after Trump was convicted on 34 charges of falsifying business records in his New York hush-money trial.
Folks, indeed this money puts Trump on the same financial, political level as Joe Biden who is the worst President in U.S. history. I pray that Biden is clearly vanquished in November or this nation will never recover! See the NY Times story below for even more details about Trump taking the lead!
That’s the way I see it. As always, Your comments are welcome and appreciated.
Trump Has Rapidly Eroded Biden’s Edge in 2024 Cash Battle
Just two months ago, President Biden appeared to have a daunting financial advantage. Then Donald Trump was convicted of 34 felonies, and Republicans’ wallets opened.
Is the Proposed Senate Bill 313 Positive Legislation for Delaware’s Corporations?
Dear Friends,
Corporate law is indeed complicated and has its confusing aspects. The Delaware Chancery Court handles disputes involving corporations in Delaware. The State of Delaware has enjoyed tremendous franchise taxes from incorporations, providing roughly 1/3 of Delaware’s income. Approximately 60% of all Fortune 500 companies and many others have incorporated in Delaware because of the Chancery Court, which was designed and is supposed to provide ultimate fairness and equitable decisions.
Over the years, this famous and omnipotent Court in my view has become jaded with certain Chancellors operating with conflicts of interest, providing unprecedented rulings, and allowing outrageous and unreasonable legal fees for certain attorneys in the amount of many millions of dollars. Famous litigator Alan Dershowitz made statements to the effect that “any attorney who advises his client to incorporate in Delaware is guilty of legal malpractice.”
Folks, I have criticized the Chancery Court and some of its Chancellors over the years, pointing out perceived conflicts of interest, unprecedented rulings, and certain inequities, especially in the incessant TransPerfect case that is still going on. Philip Shawe, CEO of TransPerfect and Elon Musk from Tesla, and many others are leaving Delaware and incorporating in other states such as Nevada and Texas because of perceived absurdities in the Chancery Court. The loss of these two companies alone, I estimate will cost Delaware over $650,000 dollars a year?!
Interestingly, the Delaware Senate is proposing SB 313, which makes some seemingly positive changes. Considering my criticism of the Chancery Court and certain Judges and Lawyers, I have been asked for my opinion of this proposed legislation from several Delaware State Senators. I have read the proposed Senate Bill, which is bipartisan and requires a 2/3-vote to pass. From my understanding — without my being specific, as to certain past cases, apparently adversely affected by how the law reads now — this proposed corporate law modifies the existing law where a Chancellor could now legitimately rule differently?
From what I have learned from my research and advice from several experienced litigators, this is a good proposed law. Therefore, I hope it passes and is signed by the Governor. Indeed, SB 313 does not solve many of the perceived issues and problems from my perspective, however this proposed legislation seems to be a good beginning. I urge the passage of this bill.
I thank those Senators who are taking this positive action to make these needed changes and their interest in making the Chancery Court operation and corporate rulings better and possibly more equitable?
That’s the way I see it. As always, your comments are welcome and appreciated.
More bad news for Delaware and the badly run Chancery Court, as I see it, by Chancellor Kathaleen McCormick. Now The Hill has a piece that is quite in depth, about how Delaware is losing and LOSING BIG! The Elon Musk and Tesla shareholder vote is bringing our state into the nation’s focus, which it has been since the case with Phil Shawe and TransPerfect in our Chancery Court. Even Musk’s biographer, a former CEO himself, Walter Isaacson told CNBC that McCormick’s ruling is “going to hurt Delaware.”
See The Hill story below about Chancery Court corruption and controversy and let me know your feedback. It’s always appreciated.
For more than a century, executives have flocked to Delaware, the First State, to incorporate their businesses. It’s not for the beaches or even the taxes — Delaware’s 8.7 percent corporate rate, in fact, ranks near the highest in the country.
Delaware’s secret sauce has long been its corporate jurisprudence. But recently, activist judges in the state have set out to padlock Delaware’s main attraction. They are sending companies packing for states like Texas, which for its part is doubling down on its efforts to recruit businesses to the Lone Star State.
Exhibit A in Delaware’s self-sabotage effort was February’s ruling by Chancery Court judge Kathleen McCormick voiding Elon Musk’s compensation package. Perhaps Judge McCormick knows something more than Tesla’s directors and shareholders, who were to profit enormously from the 2018 deal. At the time they approved the deal, Tesla’s market value stood at $53 billion, roughly what General Motors was worth. Musk needed the company’s market value to soar to $650 billion over 10 years for all of his options to vest. Tesla’s market cap hit $1 trillion in 2021, and its stock is up 570 percent since the pay package was approved.
Tesla’s investors were betting on Musk — and so was Musk. Both were right.
Judge McCormick, however, threw out the package earlier this year. This left management teams and shareholders wondering what else could be undone by a single Delaware judge.
As Musk biographer and former CEO Walter Isaacson told CNBC, the ruling is “going to hurt Delaware.”
“People will say, ‘Wait, wait, you mean five years after something happens, eight years after something happens, you’ll go back and undo it?’” he asked. Yes, they will.
Telsa investors should send a message to the Elon haters and approve his compensation package again when they vote Thursday.
But Delaware’s problems run much deeper than Musk’s payday. Its judiciary is already a bit behind the times with its new embrace of the value-destroying combination of aggressive plaintiffs’ attorneys and Environmental, Social, and Governance (or ESG) activism.
According to the law firm Wilson Sonsini, Delaware’s plaintiffs’ bar is “increasingly active” and “successful.” As a result, companies incorporated in Delaware now need to plan for “gotcha” litigation, often “driven by plaintiffs’ lawyers more than those lawyers’ individual clients.”
The plaintiffs’ lawyers in Musk’s case are seeking fees of $5.6 billion. If they get it, the windfall will go to them and their firms. It’s a “a strange world,” to quote law professors Jonathan Macey and M. Todd Henderson, “in which lawyers who sue companies propose to be paid like superstars, while executives who build them can’t.”
At least when public company CEOs get filthy rich through value creation, pensioners and individual stockholders also benefit.
Over the last few years, Delaware courts have also been increasingly receptive to cases alleging breaches of oversight by directors. Investors should beware. Corporate lawfare is an expensive distraction from business growth. And as former Attorney General William Barr and Labor Department official Jonathan Berry have observed, Delaware’s corporate-law elder statesmen “today advocate that the state should adopt a more assertive and explicitly pro-ESG corporate law.” The upshot: executives could be liable for failing to manage so-called “risks” that “correspond to du jour ESG issues like climate change, [diversity, equity and inclusion], and #MeToo — or even the 2020 presidential election.”
Delaware’s courts also affect tort law claims, because plaintiffs can file claims in the state of incorporation. Dominion, for example, filed against Fox News in Delaware. The judge, Eric Davis, imposed burdensome discovery on Fox and rejected the network’s libel defenses. According to Fox’s former general counsel, Viet Dinh, these pretrial rulings “called into question the fundamental fairness and integrity of the Delaware civil justice system.” This left the network with a Hobson’s choice between a trial that would have been “months of utter pain” and a jaw-dropping $787 million settlement.
Other states are offering businesses less regulatory and litigation risk. Tripadvisor recently said sayonara to Delaware and reincorporated in Nevada. The travel platform explained that the move would save about $250,000 a year in taxes and “provide potentially greater protection from unmeritorious litigation for directors and officers.”
It’s not the only company bailing on Delaware’s deal-killing litigation environment. Since April, reports Nevada’s Democratic Secretary of State Francisco Aguilar, “three more publicly traded companies have announced plans to shift to Nevada, and these sort of legal shenanigans are a big reason why.”
Texas shows that states can become more business-friendly through policy choices. As recently as the early 2000s, trial lawyers were one of the most powerful political forces in Texas. This was before Texans for Lawsuit Reform worked with lawmakers from both political parties and pushed through historic tort reform that energized the state’s business climate.
In the time since, Texas has continued to build on its reputation as a place where companies can count on a fair and transparent regulatory system. This September, the state’s dedicated business court, which handles derivative, corporate governance and securities claims to rival Delaware’s Chancery Court, will begin taking cases.
Texas is now coming for Wall Street, too. Just last week, the TXSE Group announced it had raised $120 million for a new stock exchange based in Texas. The backers of the new exchange are saying that “corporate issuers and exchange-traded product sponsors are demanding more stability and predictability around listing standards and associated costs.” Does that sound familiar? It’s the same reason why businesses are fleeing Delaware — the listing standards in other jurisdictions keep shifting based on political winds rather than business judgment.
Critics have called Texas, Nevada and other states’ attempts to attract corporations with favorable laws a “race to the bottom.” Don’t buy it.
Delaware originally became the hub for incorporation after New Jersey Governor Woodrow Wilson (D) instituted anti-corporate measures in the early 20th Century. Nevada’s effort to attract new businesses has bipartisan support, and major asset managers BlackRock and Citadel Securities are among the early investors in the TXSE.
The truth is that Delaware and other increasingly anti-business states, by accommodating anti-shareholder activists, are leading a new race to the bottom that is forcing companies to set out in search of safer homes.
Michael Toth is a founding partner of PNT Law Firm based in Austin, Texas.
OPINION
Dear Friends,
Look at this, folks! The Wall Street Journal is now saying Delaware is the Biggest Loser in the Elon Musk and Tesla shareholder vote. I knew this was going to happen, just like with Phil Shawe and TransPerfect in our Chancery Court.Thanks Chancellor Kathaleen McCormick! The bad news for Delaware is piling high! See the Wall Street Journal story below and let me know your feedback on this. It’s always appreciated.
Tesla’s TSLA -2.44%decrease; red down pointing triangle reincorporation in Texas is about much more than saving the electric-car juggernaut $250,000 a year in state fees. It is an attempt by Elon Musk to loosen Delaware’s grip on American corporations.
About two-thirds of S&P 500 companies—regardless of where they are actually based—are incorporated in Delaware, largely because the tiny state has specialized courts that handle business matters and stacks of legal precedents for addressing such disputes.
Musk asked shareholders to approve the move after the Tesla chief executive lost a case in a Delaware court over his pay package, recently valued at about $46 billion. Shareholders on Thursday re-approved the package as well as the plan to reincorporate in Texas, where Tesla has its headquarters and some of its manufacturing facilities. The company filed paperwork to implement the change the same day.
By voting to leave the First State, shareholders could be ratifying the view among some that Delaware’s shareholder protections have gone too far, some legal experts said. An alternative, however, is that Musk is simply so important that investors are willing to take a chance on Texas.
“I do think that Elon Musk is this singular figure,” said Renee Zaytsev, a corporate- and securities-law attorney at Boies Schiller Flexner. “Is Tesla what other companies are looking to, to decide where they’re going to incorporate or how they’re going to run their governance? Probably not.”
Texas officials have been wooing businesses with promises of lower taxes and, more recently, by setting up the state’s own specialized business court system. A startup is developing plans to create a new Texas Stock Exchange that its backers say will be more CEO-friendly than the incumbents in New York.
“It’s not just the laws, it’s how the judges are going to implement them,” said Anat Alon-Beck, a Case Western Reserve University law professor, who has a paper scheduled for this fall on risks to Delaware from other state incorporation practices.
It isn’t clear who will serve as judges in the new Texas business courts, and as appointees with two-year terms, they may be more easily swayed by political considerations, Alon-Beck said. “Uncertainty is not good for business.”
Tesla isn’t the first corporate giant to make the move out of Delaware. Microsoft, which first incorporated in Washington state in 1981, reincorporated in Delaware in 1986 when it went public, then moved back to Washington in 1993 after the state revamped its business laws to indemnify officers. Tripadvisor has been fighting in court with shareholders to move its incorporation to Nevada from Delaware.
Most of the explicit legal differences between Delaware and Texas are minor, corporate attorneys said, echoing Tesla’s argument that the states’ laws are substantially equivalent.
“There are minor differences ,” said Stephen Bainbridge, a law professor at the University of California, Los Angeles. “Most of those are technical, and likely to come into play in relatively few circumstances.” Mergers, for example, can require a higher shareholder vote in Texas, while it is harder for a shareholder to inspect a company’s books there, he said.
One of the biggest advantages Delaware has: extensive precedents on nearly every facet of corporate law, giving boards and attorneys a better sense of likely outcomes and how to make their cases. “It’s much harder for anybody to predict how Texas courts are going to rule,” Bainbridge said.
In making its case for redomiciling in Texas, Tesla dismissed the idea that the newly established business courts in Texas were riskier because they were new. “Doing new things is part of Tesla’s DNA, and how it has become one of the most valuable companies in the world,” Tesla said in its proxy filing.
Tesla also said it would also save about $250,000 a year in Delaware franchise-tax payments. One thing that might not change, though, is the legal fight over Musk’s pay package. That dispute will likely stay in the hands of a judge in Delaware Chancery Court.
OPINION
Dear Friends,
What a colossal waste of time by Delaware Chancery Court Chancellor Kathaleen McCormick! She said that the process wasn’t fair and that the shareholders wanted more, yet when the Tesla shareholders voted, they voted the exact same way they voted before. What a giant, colossal waste of time and money by this Chancellor.
It’s just like going against TransPerfect shareholders — thanks Chancellor, I and the shareholders say sarcastically, the shareholders don’t need your help! In both cases, the court went AGAINST what the shareholders wanted and was agreed to in a specific and clear contract.
Who is she to say what the shareholders want when they’re already said what they wanted! See the Forbes story below and let me know your feedback on this, folks!
Elon Musk Says Tesla Shareholders Support $50 Billion Pay Package ‘By Wide Margins’
Siladitya Ray Forbes Staff
Tesla CEO Elon Musk said Wednesday night the company’s shareholders voted to reinstate his massive 2018 compensation deal—estimated to be worth around $50 billion—months after it was invalidated by a Delaware judge.
KEY FACTS
In a post on X, Musk said the shareholder resolutions on his pay and reincorporating the company in Texas were “passing by wide margins.”
The post included a graph showing both measures already had significantly more votes than needed to pass.
The push to change Tesla’s state of incorporation from Delaware to Texas was also spearheaded by Musk after he conducted a “public vote” on his X account.
Musk thanked Tesla shareholders and his supporters on X and answered “yes” when one of his followers said “we got you the options now you have to make Tesla the most valuable company on Earth.”
Tesla’s shares surged nearly 6.5% in premarket trading early Thursday before settling at around $187—up 5.45% from the previous day.
Look at this, folks! Just as I had predicted when it looked as if Andre Bouchard’s Chancery Court was going to allow HIG to steal TransPerfect under the rule of his court… HIG is now doing mass layoffs in their Lionbridge subsidiary. This would have been the fate of the TransPerfect workers if Bouchard had his way!
See the story below. Sad for these workers that are being laid off, and their jobs moved to Mexico and Poland. We only know about this because the HIG/Lionbridge layoffs are alleged to be unlawful, and the union is suing the National Labor Relations Board court, as you’ll read in the story below.
In my view, this is near-definitive proof that the workers were right to fear Bouchard would destroy U.S. jobs (to enrich his cronies). Let me know your feedback on this. It is always welcome and appreciated.
CWA accuses Activision QA supplier Lionbridge of retaliatory layoffs
The company allegedly ousted 160 workers after they organized in search of better working conditions.
The original version of this story referenced a quote that CWA sent out in error referencing an individual’s experience. We’ve updated the story to reflect the corrected CWA press release.
U.S. labor union the Communications Workers of America (CWA) has filed Unfair Labor Practice (ULP) charges against Lionbridge Technologies for allegedly laying off 160 people after they attempted to organize.
Lionbridge is a Microsoft supplier that has provided QA services to Activision. The CWA previously helped workers at both Activision Blizzard and Microsoft unionize.
Now, the union has filed ULP charges with the National Labor Relations board and claims Lionbridge laid off its entire team in Boise, Idaho, after they engaged in “protected organizing activities and protected speech” when attempting to raise concerns about their working conditions.
It’s claimed that Lionbridge offered impacted workers a severance package that required them to agree to “overly broad” confidentiality terms and waive rights protected under the National Labor Relations Act. The NLRB website confirms that practice is unlawful.
“Workers were told that the reason for their termination was that the project had ended. However, other teams working on the same project in Mexico and Poland continue to work,” added the CWA in a press release.
Previous layoffs point to alleged union-busting
Lionbridge previously laid off union members in Bellevue, Washington, in 2016 (thanks GeekWire) shortly after they finalized a collectively-bargained contract. The CWA described those layoffs as obvious “union-busting.”
Game Developer has reached out to Lionbridge and Microsoft for comment.
Despite an attempt by the Biden family, including stepmother and first lady Jill Biden flying back and forth on “Air Force One” from Paris (at a cost of $325,000 to Taxpayers) to create sympathy in the Hunter Biden gun trial, the Delaware Jury remarkably found Hunter Biden guilty on all counts.
Interestingly, during the trial, the infamous Hunter Biden laptop (originally debunked by 51 CIA and former Intelligence operatives in a Democrat Cover Up as Russian interference), presenting seriously damning evidence against President Joe Biden (the Big Guy), was proven as authentic during the trial by the testimony of an FBI agent. This could have far reaching results in the upcoming election and possible future criminal prosecutions.
After intentionally allowing the statute of limitations to expire on more serious tax evasion crimes by Hunter Biden and a failed attempt to secure a no consequence Plea deal for Hunter, Delaware US Attorney David Weiss — the special prosecutor — was forced to charge Hunter with these gun charges after IRS whistleblowers forced the situation. In my view, David Weiss, who has been protecting the Bidens, should be disbarred.
Regardless, Hunter Biden is now a convicted felon and more charges are coming in California. Perhaps the wheels of justice are finally moving forward and the truth is coming out. It will be interesting to see what happens between now and the November election.
That’s how I see it. As always, your comments are welcome and appreciated.
Delaware Chancery Court Vice Chancellor Laster Commenting Publicly on an Active Court Case? Sounds Like Everyday Potential Corruption That We Worry About in Delaware!
Dear Friends,
I’ve become a star on LinkedIn these last few months, folks. Posting regularly and getting emails from LinkedIn every week telling me how well my Coastal Network columns are doing on LinkedIn, is indeed flattering. Recently, I noticed Travis Laster posting on LinkedIn and I’ve been reading those posts.
Travis Laster, who is Vice Chancellor of the Delaware Court of Chancery, but claims to not be posting as Vice Chancellor Laster from the Delaware Chancery Court, is letting the world see a glimpse of the boundless concerns about the potential corruption that resides within his workplace. That’s how I see it, folks!
For example, although the TransPerfect case remains active in his Court and judges take a solemn oath to not “…make public comment on the merits of a matter pending in any court,” Mr. Laster made his opinion public on the growing movement to bring transparency to Delaware’s Courts.
Shocking to none of our readers, the Vice Chancellor discredits the disdain and mistrust that everyday Delawareans feel towards our Court system that is run by the same elitist lawyers and judges that spin round and round through the revolving metaphorical door and is seemingly propped up by the Delaware Bar Association who collects fees and funds from the financial success of these same individuals.
From the onset of the case, it’s clear to me that former Chancellor Bouchard possibly saw a cash cow for his former employer Skadden Arps and his former colleague Robert Pincus. Folks, as I see it, like most judges who will join the firms that will try cases in front of their former colleagues on the bench, he saw the reputation he could script for his resume to return to litigating. I truly believe with ego and money on the docket, there’s no chance for justice.
Even though Supreme Court Justice Valihura bravely dissented on the forced sale that Bouchard secured, in my view, folks, the fix was in and there was money to be made by Bouchard’s cronies to the tune of $50 million. Justice Valihura stated in her dissent that, “…the chancellor did not consider the possibility of appointing a custodian for a period of time or expanding the board to include independent directors,” in her 36-page dissent. “if these less drastic remedies failed, the custodian could petition the court for more drastic relief… But absent consent, however, I do not believe a forced sale is a statutorily authorized option.”
Not only has Chancellor Kathaleen McCormick continued Bouchard’s overreaching precedent, in my view, Vice Chancellor Laster is picking up the baton to dismiss the real concerns of those to whom they are supposed to serve, and is publicly pushing a campaign to magically misdirect the concerns. By attacking the founder of the movement (TransPerfect leadership and employees), Laster and the Delaware State Bar Association, don’t have to address what I’ve been seeing as the growing contempt for what many think is a form of corruption. Many Lawyers in Delaware jokingly call Delaware’s once respected Equity Court, “The Court of Inequity.”
Folks, we’ve seen this game before… pour more mud in the murky waters so that no one can swim toward the light. Just recently, the “astroturf” group Citizens for Judicial Fairness, as claimed by the Bar Association and repeated by Vice Chancellor Laster, led a rally to call on the Governor to appoint a diverse Chancellor to the all-white Court. This rally was led by long-time Delaware activist Keandra McDole and had every layer of Delaware’s elected officials speak at the event. From a City Council member to a Mayoral Candidate to the State Delegation to two candidates for Governor, the group called on transparency and diversity in the Court System that Laster defends to the “thank you’s”, “yes’s” and “let’s go’s” of the crowd.
Enough said about this for now. Keep your feedback coming in on this folks, and share whether you believe that sitting judges should be dismissing genuine constituent calls for a recall on the very power Laster is using here to disobey the law or not!
Respectfully Yours,
JUDSON Bennett-Coastal Network
Please follow me on LinkedIn:
https://www.linkedin.com/in/captainjudsonbennett
OPINION
Dear Friends,
Your feedback on my recent column has been pouring in. Here are the top five. Keep ’em coming, folks!
“A $2 million ad attack is a CEO putting his money where his mouth is. Shawe is a leader who is committed to exposing the wrongs in Delaware’s Chancery Court .” -Ellie C.
“Billionaire Elon Musk is up for a battle anytime. Right or wrong, this man is a fighter.” -John M.
“McCormick telling us that Musk’s Tesla won’t use his shareholder vote to attack her, just shows that she’s running scared of something.” -Jackie D.
“Musk must have lots more money to spend on this than Shawe. Would like to see Musk use his money in Delaware. He can’t be happy with this court.” -Taylor W.
“Reuters’ story shows how ridiculous this whole sham of a court is.” -Roger S.
Keep your feedback coming. Your comments are appreciated and always welcome.
I am appalled and shocked at the violation of the constitution, the outrageous conduct of the Judge, and the whole situation created by the Democrats in their quest to remove Trump from contention. Interestingly the polls indicate a huge lead, a huge increase in campaign contributions, and a righteous indignation from millions of people.
Indeed it is hard to predict what will happen now, however Trump is going to appeal his conviction. Folks, it is possible we could have a President running the country from jail.
Folks, what do you think? As always your comments are welcome and appreciated.
Last month, TransPerfect CEO Phil Shawe put his money where his mouth is by launching a $2 million ad attack — to expose what he sees as a corrupt Chancery Court — thereby teaming up, figuratively, with billionaire Elon Musk, who has been under attack in Kathaleen McCormick’s Chancery Court. Shawe knows full well what Musk is going through, as he has also been under attack by that very court for years. Now, McCormick is saying Musk’s Tesla won’t use an upcoming shareholder vote to attack her ruling. It has me wondering, what’s she afraid of? Who cares if they attack? Do your job and let Musk and Tesla bring their best, as Shawe has done. Shawe continues to battle. Will Musk do the same?
Read the Reuters story below and see how ridiculous it’s getting in Delaware’s Chancery Court. Please send your feedback. Agree or disagree, it is always welcome and appreciated.
Judge assured that Tesla won’t contest Musk pay ruling outside Delaware
By Reuters
May 28, 2024
DELAWARE, May 28 (Reuters) – The Delaware judge who voided Elon Musk’s record Tesla (TSLA.O), pay package told the parties in the case that she felt assured by the electric vehicle maker that it would not use an upcoming shareholder vote to attack her ruling.
WHY IT’S IMPORTANT
The shareholder legal team who sued over Musk’s $56 billion pay package had asked Chancellor Kathaleen McCormick for orders to prevent their case from being undone in a Texas court.
The shareholder legal team who sued over Musk’s $56 billion pay package had asked Chancellor Kathaleen McCormick for orders to prevent their case from being undone in a Texas court.
The company’s shareholders vote next month to “ratify” the pay package that McCormick voided and to reincorporate Tesla in Texas.
CONTEXT
The legal team for the shareholder said in a court filing in April that Tesla and Musk might attempt to undo McCormick’s ruling in another jurisdiction, like Texas.
Tesla called that “rank speculation” in court papers and said Delaware would retain jurisdiction over the pay dispute, comments that McCormick took as an assurance that the company would not attempt to work around her previous ruling.
KEY QUOTE
“If I have interpreted the defendants’ position incorrectly, then defense counsel – as officers of the court – are duty-bound to correct it. In the meantime, the defendants’ statements give me great comfort,” McCormick said in her seven-page letter.
WHAT’S NEXT
Tesla shareholders vote on June 13 to decide if they still want Musk’s pay package and to reincorporate in Texas, where it has its headquarters, from Delaware, where the majority of large publicly traded companies have their legal home.
McCormick must decide if the shareholder’s legal team should get the $6 billion they requested from Tesla as a legal fee before Musk and Tesla can appeal. She has scheduled a hearing for July 8 on the legal fee.
THE RESPONSE
Greg Varallo, an attorney for shareholder Richard Tornetta, declined to comment. Attorneys for the company did not immediately respond to a request for comment.
Reporting by Peter Henderson; Editing by Stephen Coates
Today I shed a few tears at the playing of Taps at the Grave of the Unknown Soldier. So many beautiful souls gave their lives in defense of our country. We honor them with the lonely essence of that powerful sound.
Of all the military bugle calls, none is so easily recognized or more apt to render emotion than the call of Taps. The melody is both eloquent and haunting, and the history of its origin is interesting and somewhat clouded in controversy. In the British Army, a similar call known as Last Post has been sounded over soldiers’ graves since 1885, but the use of Taps is unique with the United States military, since the call is sounded at funerals, wreath-laying, and memorial services.
Up to the Civil War, the infantry call for Lights Out was set down in Silas Casey’s (1801-1882) Tactics, which had been borrowed from the French. The music for Taps was changed by Union General Daniel Butterfield for his Brigade (Third Brigade, First Division, Fifth Army Corps, Army of the Potomac) in July of 1862.
God bless our valiant warriors on this special day.
The Nonsense Court/Hush Money Trial of former President Donald Trump has reached new proportions. The absurd testimony of Michael Cohen, a proven liar and thief should never have been permitted and went way beyond the scope.
Judge Juan Merchan has exhibited bias, unbelievable conflicts of interest, and is obviously prejudiced against Donald Trump. What I find interesting is the intense hubris that this absurd Judge seems to proport. There are such things as prosecutorial malfeasance and judicial corruption that are eventually prosecuted. I wonder what makes this crooked Judge think that he won’t be eventually disbarred and jailed if Trump wins his case on appeal. Trump is an original New Yorker who has plenty of pull. Indeed that would be appropriate.
The unfair gag order, the intense objections and restrictions imposed by Merchan are despicable. The entire judicial system in NY is compromised.
That is the way I see it.
As always your comments are welcome and appreciated.
One of the best things my father did was to buy a beachfront house in Lewes, DE in 1944 for $10,000. I had a marvelous childhood. Fishing, crabbing, swimming, and everything that our beach community offered made it special. Every year my cousins Rick and Elaine Heugh rented the house next door to us. The Lewes Yacht Club was a special place, and the Lewes Beach kids really enjoyed it.
My father had a great boat named the Tide Runner, which made me the king of the Beach. I was in love with Dosie Bayard, which made things even better. One weekend, my dad took my cousin Rick Heugh and me, along with my other cousin Bill Poulterer and his friend Ned Maull, to Two Mile Beach in Cape May, NJ, where we had a fabulous camping trip.
Folks, life could not have been better. Those lazy, delightful days of sun and salt water with my many friends were indeed something special. That’s the way it was in Lewes, Delaware, during that special time. Looking back, Huck Finn and Tom Sawyer, the Mark Twain characters, had no advantage over this young man and my special friends. Such was life.
That was the way it was, and I wish I could go back, but I can’t. So be it.
The absurd trial in NYC where former President Donald Trump will be convicted by a Crazy Court for paying off Stormy Daniels through liar Mike Cohen. Indeed, I predict Trump will be found guilty but will eventually win on appeal.
The other cases will not be heard until after the election. Indeed, I predict Trump, whose poll numbers over corruptJoe Biden are increasing daily, will win the election by a landslide.
After his victory, this is what will happen:
Trump will immediately close the border. He will reinstall waiting in Mexico, finish the wall, and put troops on the border to enforce the immigration laws. There will be military incursions, possibly with Navy Seals, against the vicious cartels.
Trump will lower everybody’s taxes.
After reinforcing ICE, Trump will organize and execute the greatest deportation of illegals in US history. All aid will be stopped for these invaders. Sanctuary Cities will be outlawed.
All government funding to Universities promoting anti-semitism will be stopped.
Israel will be funded 100%, and Hamas will be destroyed. Any attack on American interests will be met with serious force. Trump will destroy Iran’s oil wells, refineries, docks, and complete ability to sell or distribute oil to China or Russia. Within six months, Iran will be broke and rendered impotent.
Trump will provide Ukraine with F-16 aircraft, and Russia will stop its aggression.
Trump will restore law and order throughout the US, making our streets safe again.
Trump will increase American prosperity, reduce inflation, lower unemployment, and bring back the American dream to our people.
Indeed, Trump will make America great again and bring back hope.
Biden will be prosecuted and could end up in prison along with his son Hunter.
That is my prognostication–We shall see!
As always, your comments are welcome and appreciated.
“Attorneys may become such good friends, but it shouldn’t have an impact on cases or case law.” -Janice C.
“If this caper was actually planned and executed as outlined here, this is everything that is wrong in Delaware and wrong in our country right now. We appreciate your reporting on this, Judson.” -Carlos M.
“I don’t see anything wrong with this, or how you can draw such conclusions?! Of course attorneys will have dinner or drinks together and talk about cases. You expect them not to do this? That’s unrealistic” -Jim W.
“This document appears to be quite damning. My guess is there’s nothing that will be done about it?” -Dorothy D.
“At least one player, Bouchard, likely took the fall for this. Others too, I think, Jud. We’ll never find out what really happened with Bouchard being ushered out early, but I can’t imagine that this had nothing to do with it.” -Paul N.
Folks, keep your feedback coming. Your comments are welcome.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Please follow me on LinkedIn:
https://www.linkedin.com/in/captainjudsonbennett
OPINION
Dear Friends,
In his insipid, absurd, and outrageous attempt to glean votes from ignorant voters, as our country’s Universities are exploding with antisemitic hatred, President Biden is delaying shipments of needed ammunition to Israel.
The Jewish state, our best friend in the world, is being compromised by this ambivalent and corrupt President. Israel is preparing to finish off the evil terrorist organization in the Gaza Strip, yet Biden is trying to protect Hamas and the Palestinians who overwhelmingly elected this malicious organization in the first place.
The situation is fluid as we watch the events unfold. Graduations are being canceled, Jewish students are living in fear and being discriminated against as Biden does nothing. Combined with Biden’s criminal border operation where millions of illegals are pouring into our country, bringing crime, drugs, disease and economic chaos to our cities, this incompetent President is the most dangerous human on the planet.
The criminal influence peddling by the Biden family operation, with overwhelming evidence, proving it beyond comprehension, is indeed frightening. Folks, Biden has weaponized the authorities to attack his political opponent Donald Trump in an unprecedented manner–clearly making our Justice System nothing more than a Banana Republic with one fallacious court after another.
Folks, Biden and those who surround him are treasonous, self-serving operators; who are well organized, who are setting us up for an Orwellian system of pure mediocrity with little hope of achieving the American dream. We must remove these incompetent criminals from office and save our society from a future nobody would ever want.
That is the way I see it. As always, your feedback is welcome and appreciated. God bless America.
Please find a recap of recent articles from the Coastal Network: Elon Musk, Ivy League schools, offshore wind farms and feedback on Delaware’s Chancery Court.
Click on the blue link below each headline:
Feedback on Delaware’s Chancery Court and Incorporation Dominance is Shaken For Sure, As Fearful Powers Argue It is Not
The Ivy League Schools Are a Disgrace–Especially Columbia University And the Outrageous Palestinians/Student Protestors that Signify Their Hatred of Jews and America!!
Your feedback on my recent column on the disaster going on at Columbia University and other college campuses has been pouring in. Here are the top five. More to come, folks!
“Columbia University represents everything that is wrong in our country.” -Frank K.
“If this President had any nerve, she’d have been out there handling this herself” -Samantha W.
“I agree, Judson, graduating from Ivy League institutions like Columbia, Harvard, Yale, Princeton, Pennsylvania, Cornell, is no longer a point of pride for students in our country.” -John C.
“Biden is showing a real lack of leadership here. When will he step up?” -Robert D.
“I’m glad the police finally did the right thing and cleaned up these campus shows! Not even half of these protesters were students. It’s a show for the media.” -Tony P.
Keep your feedback coming. Your comments are welcome and appreciated.
Nemat (Minouche) Shafik, an Egyptian female Arab, unfortunately became the 20th president of Columbia University on July 1, 2023. President Shafik recently testified before Congress promising that the anti-semitism on its campus, where Jewish students are being assaulted and terrified, would be stopped. She is obviously a lightweight, a liar, and a Palestinian sympathizer. Yesterday, after absurd and inappropriate negotiations with the protesting students giving them a 2 PM deadline to leave, they did not leave and absolutely nothing was done. “The fox is in charge of the hen house.” Now the haters of Jews have taken over a building (Hamilton Hall), and still the President of this once esteemed institution has not brought in the police, sending a clear message of support for the terrorist organization Hamas!!!! Chants of kill all the Jews, death to Israel, death to America are heard throughout the campus! An American flag was removed and burned and then a Palestinian flag was raised in its place. Columbia has led the charge of definite hate along with the rest of the Ivy League schools influencing and opening the reality that hatred of Jews is being taught throughout America in many of our colleges.
Frankly, in my view, the once heralded achievement of being accepted and graduating from Ivy League institutions such as Columbia, Harvard, Yale, Princeton, Pennsylvania, Cornell, is no more. These schools have evolved into over-rated, extremely expensive bastions of hate and misguided values being run by incompetent people. I would value a graduate of a local community college more than a graduate of Columbia University at this point in time.
The reality of what is happening throughout our country is partially the result of the ambivalent and mixed messages sent by President Joe Biden, who has criticized Israel’s campaign to eliminate Hamas, giving way to these outrageous actions.
Who would have thought that our country’s universities would be overwhelmed by hatred of Jews, run and supported by a minority of foreign students, combined with ignorant students taught by evil professors, and weak administrators.
The likes of Nemat Shafik of Columbia should be fired, the police and the national guard should be called in NOW, and this outrage immediately stopped! Folks this situation is beyond any reasonable understanding or justification. The situation is fluid and I wonder how it will be ultimately resolved?
In my view, any foreign student who demonstrates against America should be expelled and deported. Any student involved in these hate crimes should also be expelled and arrested. Folks, it is time to take back our country from this disgraceful situation. As long as the insipid democrats and Joe Biden are running our country the academic operation will continue to disintegrate. GOD help us!
That is the way I see it. As always your comments are welcome and appreciated.
Proposed Legislation in the Delaware Senate to build offshore wind farms, which would be seen from Lewes and Rehoboth Beaches is a horrible idea that will devastate the environment, look terrible, hurt tourism, negatively affect wildlife, endanger navigation, and create economic chaos for Delaware electric users.
This “Green New Deal” crap, which is fallacious beyond belief, clearly devastating our society in so many ways must be exposed, so that Delawareans can contact their Delaware Legislators and tell them to stop this insane idea!!
Folks, these offshore wind farms kill whales, fish, birds, and can affect radar, which could create a maritime disaster. As a former Lewes Beach property owner, a lifetime fisherman, and involved in the maritime industry for many years, I know what I am talking about! The issue is very political and as a political pundit, I want to state my opinion.
Folks, the proposed Delaware Senate Bill (“The Energy Solutions Act”), which is in its developmental stages, is seemingly cloaked in misinformation and deception. Folks, if enacted and the wind turbines are built offshore, your electric bills could increase substantially, as much as $300 per year and indeed possibly more — from the information I have gleaned!
The following statement from energy expert Dave Stevenson who is leading the charge says it all: “As this bill is still in the proposal stage, it is crucial for the public to be aware of these elements and to engage in the discussion surrounding its development. Transparency and scrutiny are essential to ensuring that any future legislation accurately reflects the interests and concerns of Delawareans.”
Please read the letter below by activist Dave Stevenson from Lewes who is fighting this potential travesty!
I urge you to contact your legislators and tell them “no way!” — if they want your vote! The election is coming up in November and the offshore wind proposal is a local Delaware political issue that must be considered by Delaware voters.
As always, your feedback is welcome and appreciated.
Our legislature’s approach to promoting offshore wind power raises serious concerns about deception and manipulation.
By David T. Stevenson
Center for Energy & Environmental Policy
April 5, 2024
“Delaware lawmakers have cleverly disguised the costly price of offshore wind power through a draft Senate bill called the “Energy Solutions Act.” This bill is a prime example of how to deceive Delawareans and the public by making it seem like a “noble” effort through skillful wording and selective data.
Let’s start by first examining the title of the draft Senate bill. They cleverly chose the title “Energy Solutions Act,” a.k.a. the “Pro Offshore Wind Procurement Act.”
Of course, when one sees the bill’s title, it seems like a “noble” bill on the surface, but as we explore further, beneath its “noble” intentions lie a series of concerning elements and claims that are troubling, which include misleading perception, biased expertise, false claims, opaque bidding process, dismissal of input, and manipulated benchmark prices (see details below):
• Misleading Perception: Many negative impressions about offshore wind abound right now, as half the projects failed economically. Beach communities worry about lost tourism and lower property values, and many people worry about the environmental impacts. So, don’t put the words “offshore wind” in the title of the bill. Call it the “Energy Solutions Act.” Who doesn’t want solutions?
• Biased Expertise: The proposed legislation includes significant input from the University of Delaware Center for Research in Wind, which has pursued the singular goal of building an offshore wind project off Delaware’s coast for over a decade. The center’s website summarizes financing from offshore wind developers and federal grants.
• False Claims: Claiming offshore wind prices have been falling and that the industry is our future. Factually incorrect! The fact is that nine of eighteen projects have collapsed because their ridiculously high state-guaranteed prices weren’t high enough to obtain financing, and recent bids have been 50% to 100% higher. Also, ignore the fact that approved projects face a wall of unresolved litigation. Over twenty years the proposed bill could add almost $3.7 billion to electric bills, raising residential bills $300 a year and business rates thousands to millions of dollars.
• Opaque Bidding Process: The bill claims to set up a competitive bidding process but bars any direct bidding from other low-emission generating technologies like onshore wind, solar, carbon capture, hydrogen, and nuclear that accomplish the same environmental goals at one-quarter to one-half the cost. Additionally, our Public Service Commission’s (PSC) job is to protect ratepayers by using the “Just and Reasonable” standard in its approval process for utility company requests. By redefining the term as any bidding price, the legislation says it would not allow the PSC to determine what “Just and Reasonable” really is.
• Dismissal of Input: The bill announces that various interested parties will review the proposals, but the law says such advice can be ignored.
• Manipulated Benchmark Prices: Create an obscure benchmark price determination process and set the data sources to skew potential bids higher in favor of offshore wind companies. The benchmark price will be set using the three-year average costs Delmarva Power has paid for Renewable Energy Credits, plus the three-year average of the winning bids for purchasing electric power known as Standard Offer Service (SOS), plus 10%. That will be compared to the current value of the first-year price of the offshore wind bid.
• Cherry-picking data: As unbelievable as it may seem, this is precisely how the draft Senate bill was crafted. For example, the bill uses the most recent three-year price average to calculate up-to-date costs and does not consider the recent Ukraine War’s impact on energy prices. Please CLICK HERE to read the full explanation of the bill’s cherry-picking data.
In summary, the current draft Senate bill, the “Energy Solutions Act,” proposed by Delaware lawmakers, presents itself as a promising initiative. Yet, upon closer inspection, various aspects of the bill raise concerns. These include potential misleading perceptions, reliance on biased expertise, promotion of false claims, an opaque bidding process, dismissal of stakeholder input, and manipulation of benchmark prices.
As this bill is still in the proposal stage, it is crucial for the public to be aware of these elements and to engage in the discussion surrounding its development. Transparency and scrutiny are essential to ensuring that any future legislation accurately reflects the interests and concerns of Delawareans.”
OPINION
Dear Friends,
Your feedback on my recent column on our insidious Delaware Chancery Court costing shareholders millions In the Elon Musk case and at the same time, an out of control money package is being considered. I’m outraged and so are you:
“The Chancery Court hasn’t been about the shareholders since Bouchard took over. They never should have put a rookie in charge.” -Ben B.
“The shareholders have lost $48 billion in stock and it has doubled since you pointed this out with this tweet. You’re moving markets, Judson!” -Susan M. in Wilmington
“I don’t like what a farce our court has become. I’m embarrassed by it.” -Frank K.
“How can attorneys ask for that kind of money and even be considered by any judge?” -Thomas C.
“Musk is a loon and he fits right in our crooked legal system in Delaware. I don’t like him and I don’t like any of the power-hungry judges and attorneys. They are all arrogant and deserve each other.” -Samantha W.
“Why do the shareholders keep losing in our court system? I don’t understand?” -Laura P.
“Someone will have to look into what’s really going on in our court system in Delaware. Please keep up your reporting on this, Jud.” -Eric B.
“How is it that billions are even being discussed? Billions?? I can’t believe what I’m reading.” -Robert P.
Keep your feedback coming, folks! Your comments are welcome and appreciated.
Respectfully Yours, JUDSON Bennett–Coastal NetworkPlease follow me on LinkedIn:
It is anger, disgust, and concern that I feel at the despicable operations of many of our country’s universities, including some of their students, and especially the Ivy League Schools led by the hypocritical operations of Columbia University! Indeed, in the wake of testimony by Columbia University’s President before Congress, Columbia has shown a despicable and incompetent operation, created by the fallacious teachings of liberal professors, linked to Socialist/Communist philosophies. These insidious individuals teach students to hate America.
The Palestinian protesters, many who are foreign students here as our guests, combined with the ignorant students who have been brain-washed by insidious professors, hate Israel, support the terrorist group Hamas, hate America, and are disrupting public safety. They are even supported by Hollywood, including Susan Sarandon. Folks, this disruption is disgraceful. Jewish students at Columbia and other Ivy League schools are terrified to go to class and fear for their total safety which is clearly compromised. Foreign demonstrators should be deported and protesting students spewing their antisemitic hatred should be expelled. But will it happen–I think not?
Make no mistake folks, Palestine and its people have harassed, tortured, and killed Jews, ever since Israel was formed. Millions of dollars were given to Gaza to help them. Instead, they overwhelmingly elected Hamas, which used the money to build tunnels to easily invade Israel and hurt the Jewish people. Many Palestinians hate America and Israel and they have been and are now supported by hypocritical universities. My God, this is where the future leaders of our country have been educated???
Folks, our country is in chaos, although still to most likely to be funded by Congress, Israel’s military operation appears to be compromised by Biden’s rhetoric, which helps Hamas! The liberal establishment is intentionally disrupting the ethical, legal, and moral distinction that has made America great. Our best ally, the State of Israel and the security of our country is at stake. Hatred of Jews is despicable and wrong as is any kind of racial or religious discrimination. I was beginning to believe that equality with African Americans was happening, and systemic racism was dissolving. This situation with the Palestinian protests has indicated a reality of the hatred of Jews in this country that is disturbing. It is beyond the positive civil rights movement which was led by Martin Luther King now evolving in a disturbing and negative way?
We must change things or we as a nation are truly lost! That is the way I see it. As always your comments are welcome and appreciated.
Make no mistake folks, Iran is responsible for the funding of Hamas and its outrageous massacre of Israelis on October 7th. The attacks on American bases and shipping in the red sea are also Iran’s responsibility. Iran recently fired over 300 missiles and drones at Israel. The reason Iran can do this is because Biden stopped the sanctions and as a result Iran is making millions of dollars selling oil to China and also using funds released to it by the Biden administration. Without their oil production Iranians would quickly become impotent. Indeed, Iran is flush with money and even selling missiles to Russia. This is all because of President Joe Biden’s heinously weak policies and stupidity.
What is the solution?? To me it is extremely simple: Totally destroy Iran’s ability to produce and sell oil. Israel has the legitimate opportunity to do this with America’s advice and weaponry. Blow up the oil fields, blow up the pipelines, blow up refineries, and blow up the docks. With proper targeting and properly placed missiles and bombs, Iran would no longer be able to operate as the top terrorist country in the world and the eventual creator of a nuclear war with the complete destruction of Israel and the United States as its stated goal.
Folks, this would solve the problem. Once Iran can’t sell its oil, it can no longer operate with apparent impunity nor achieve its evil agenda. Heck, there would be a distinct possibility of the population of Iran overthrowing this evil government that restricts its freedom. How could this evolve into a wider conflict? It couldn’t, who is going to mess with us after that—Problem eliminated!
A strong and smart President would handle Iran quickly and efficiently by destroying its oil operation. Unfortunately, we have a corrupt and incompetent idiot named Joe Biden in the White House who enhances Iran’s threat by his ambivalent method of operation. I worry he will do nothing of consequence as he does all he can to appease Iran without solving the problem once and for all.
Biden’s weak-sister operation, interfering with Israel’s imperative need to eliminate Hamas completely is absurd. Biden’s attempts to glean votes from the anti-Jewish protests and allowing violence against Jewish students; interrupting emergency vehicles and local transportation, is disgusting. Many of the protestors are foreign students who chant death to Israel and death to America! They should be deported.
Folks, this horrible President named Joe Biden could solve so many problems with the stroke of his pen, but he is too stupid and arrogant to do the right thing. If he is re-elected, America will continue its frightening decline and another 9/11 is imminent.
That is the way I see it. What do you think? As always, your comments are welcome and appreciated.
Tesla shareholders losing $48 billion in stock value! How is that favorable to their shareholders?
Check out the Tweet on Twitter (now known as X) from TransPerfect CEO Phil Shawe about Elon Musk’s compensation package… shot down in Delaware’s Chancery Court. Shareholder value destroyed, while a CRAZY money package is being demanded by attorneys in Delaware! If anyone has or had any doubt how incestuous the Chancery Court is, simply look at this case! Shareholders lose. Attorneys win.
Delaware loses.
Please send your feedback on this, folks. It is always welcome and appreciated.
In the aftermath of uncertainty that the Delaware Chancery Court created by "rescuing" @Tesla shareholders from @elonmusk's $56 billion compensation contract—the shareholders lost $48 billion in stock value. To add insult to injury, Delaware lawyers are now demanding they be… pic.twitter.com/ZmbIWewTFA
This is what the birthplace of a form of corruption looks like in my opinion, folks. The legal page below shows you how Andre Bouchard, Kevin Shannon and Kramer Levin attorneys may have become such good friends. As I see it, it happened in the Walt Disney case years ago in 2006. In my opinion, this is how the connections and friendships were likely made and this is how they were able to later pull off the outrageous TransPerfect caper. In my view, the document shows what I see as the birthplace ofvarious legal connections, possibly leading to a nebulous form of corruption. It is no coincidence, in my view, that these very same law firms got rich from Bouchard’s orders in the TransPerfect case.
Could the list of lawyers below,which were apparently connected directly and indirectly, have possibly profited from the TransPerfect case???Send me your feedback on this, folks. It is always welcome and appreciated.
Folks, the spotlight is shining brighter than ever on Delaware’s Chancery Court. After years of perceived corruption, the price will be paid. Elon Musk and Phil Shawe, both fleeced by this court, are now bringing more attention than ever. In my opinion, the court was a joke during the TransPerfect trial and now has gone off the deep end in the way Musk and Tesla are being treated. Will Kathaleen McCormick give her future employers a $6 billion payday, after saying $60 million was too much for Musk, but it’s somehow OK for attorneys to ask for $6 billion??! These chickens are coming home to roost. NOW people with resources are watching. I hope Musk and Shawe come in with a big broom and sweep out these, as I see it, corrupt rats. Read the New York Post story below and see how bad it’s getting! Please send your feedback. It is always appreciated. Respectfully Yours,
Blame Delaware: CEO defends Elon Musk, takes out $2M ad campaign hit on ‘anti-business’ state
By
Lydia Moynihan
Published April 8, 2024, 5:01 p.m. ET
Forget the First State — call it the Worst State.
One CEO launched a $2 million bid Monday to dirty up Delaware’s boring reputation and encourage America’s corporations to stop registering there despite its business-friendly taxes and court system.
Philip Shawe is spending big on a national attack ad after a bruising court battle which made him a sworn enemy of the state best known as the home of Joe Biden.
He is not its only enemy. Elon Musk has also lashed out at Delaware, specifically its courts, claiming they’re bad for the businesses which register there after he lost his own court battle over his planned $56 billion compensation package from Tesla.
Phil Shawe, CEO of translation company TransPerfect, is spending big on an attack ad on Delaware after a bruising court battle in the state. Natan DvirShawe, CEO of translation giant TransPerfect, is slamming what he calls Delaware’s “greedy” lawyers and singling out one of its most senior judges in ads aired nationally on CNBC and Bloomberg. The ads are running on local television stations and on Hulu accounts in Delaware.
Shawe’s campaign comes after his business was seized and then auctioned off by a Delaware court after his co-founder and now ex-wife filed a suit in the state, where they had incorporated it.
He was able to buy back the company as its sole owner for $385 million, at the cost of four years further legal battling and an estimated $260 million in legal fees. He is still tussling with the state over attorneys’ fees.
Shawe’s ad highlights Musk’s case, in which Delaware’s courts sided with a Tesla shareholder’s lawsuit which claimed the CEO’s cash-and-stock compensation package was not in the interest of all the company’s stockholders.
In Delaware, attorneys typically get 10% to 20% of a portion of what they “recovered” for shareholders, giving the lawyers who brought the Tesla suit an up to $6 billion payday — which Shawe said worked out to $300,000 per hour for each of them.
“The only thing I can think of that is more irrational and unpredictable for business law, than a court voiding an otherwise binding contract for executive compensation, that was ratified by both the board and shareholders—would be for that same court to turn around and reward the attorneys with a fee based on a percentage of value of the voided contract,” Shawe told The Post.
His ad attacks the judge who handled both Musk’s case and parts of his, Kathaleen McCormick, claiming she is allowing “fat cat” lawyers to run rampant. McCormick is Chancellor of the Delaware Court of Chancery, making her the most senior judge in its commercial courts.
Delaware has historically been a state where businesses incorporate — or legally register — in part because of having a chancery court system dedicated solely to adjudicating corporate disputes. Companies registered there but not doing business in the state pay no corporate income tax, and officers and directors affiliated with a company are not required to disclose their names.
More than 1.4 million companies are registered in Delaware, including a majority of the Fortune 500. But the ruling against Musk led to calls for “Dexit” and claims the state is anti-business.
Earlier this year Musk posted to X, “Never incorporate your company in the state of Delaware.” He has said he plans to move X, Neuralink and SpaceX out of the state.
Shaw’s ad also takes aim at Delaware’s most senior commercial courts judge, Chancellor Kathaleen McCormick, who oversaw Musk’s case and part of Shawe’s. Delaware Court of Chancery
Shawe is helping organize the campaign via the Citizens for Judicial Fairness, a nonprofit previously known as Citizens for a Pro-Business Delaware, that he founded in 2016 during his legal battle with Delaware.The group says it is focused on transparency, equity, and accountability — and has even brought in the Rev. Al Sharpton to slam the lack of diversity on the court.The Post has reached out to McCormick for comment.
Opinion
Dear Friends,
The Southern Border Crisis, where millions of illegal, unvetted, and undocumented aliens, from all over the world are pouring into our country through the direct and illegal invitation of President Joe Biden, is without a doubt a treasonous activity. Biden and his cohorts are killing thousands of people, creating a huge risk of terrorism, increasing heinous crimes, and changing the face of America. Billions of dollars are being wasted on providing illegals with clothes, cell phones, credit cards, hotel rooms, and transportation wherever they want to go. The people of Texas and now every state in the Union are under attack.
I have a sarcastic solution which would surely get some attention and Biden couldn’t do a damn thing about it, but he might blink: All Illegals captured at the border should be shipped to the State of Delaware where Biden is loved, supported and has been elected for 50 years. I suggest 10,000 be deposited outside Biden’s mansion in Wilmington, Delaware. Then another 10,000 should be sent to Cape Henlopen State Park where they can be housed, fed and clothed by the liberals in Lewes and Rehoboth. In this Park is a place called the Biden Center where a 20 million dollar improvement could be made at the Taxpayers’ expense and could be turned into a fabulous dormitory for many illegals. Special tents could also be constructed. The folks in Lewes and Rehoboth could take in many illegals as well. Biden could show his true dedication and humanity by taking in several families in his summer house nearby in North Shores. Yes indeed, I urge all Governors to ship the illegals to Delaware !!!!!!! Who cares if Delaware’s beaches and towns are overrun by illegal aliens-bringing crime. Special memberships could be given to illegals at the Lewes Yacht Club with privileges to use the bathrooms and pool. Yep that is what should happen and then watch Biden’s state go nuts–LOL!
Interesting, as an aside to consider how RFK’s candidacy is resonating: He even called out Biden’s Banana Republic tactics where political opponents are being targeted by law enforcement through Biden’s administration. JFK will take many votes away from Biden in my view.
Biden is now betraying our best ally Israel in its war against Hamas ! Israel is fighting for its life against this terrible situation, which has never been so bad since the Holocaust and idiot Biden is doing his best to compromise the Jewish military efforts, The Palestinians overwhelmingly elected Hamas in Gaza and none of them will ever support America or Israel, yet Biden compromises the whole middle east problem with his stupid rhetoric criticizing Israel in support of anti-Jewish American protesters throughout the country in order to glean votes. He continues to put a risk Jewish students at risk and is now more interested in helping Hamas !! Make no mistake Biden is a bigot in many ways besides being a grotesque criminal and a hypocrite. Frankly, I don’t understand how any American Jew could vote for him????
Folks, we must eliminate Biden and these treasonous people he has surrounded himself with or America will be lost ! VOTE them out in November and send Trump to the White House.
That is the way I see it. As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Smyrna Council Members Vote to Double Local Property Tax Rate
Dear Friends,
I like to address local Delaware issues occasionally. I was once a city Councilman in Lewes for 6 years. Approving and managing budgets, city expenses, and future development is an important part of the job. Constant fortitude and perseverance on a yearly basis is necessary to run a successful city government. I wonder about the city of Smyrna, Delaware which suddenly doubled its property taxes. Apparently for the city to make this extreme adjustment to stay above board was necessary, however this move will affect business property owners severely as well as many residential folks.
Low property taxes have been a boon and a blessing for Delaware folks for years. Not so now for Smyrna! I question the reasons and efficiency of the Smyrna Mayor and Council. We would have been lynched if we doubled the property taxes in Lewes!
Not far from the town itself is Delaware’s top state prison where most of Delaware’s incorrigibles are housed and occasional executions are carried out.
Please read the articles below about this significant financial development.
The spin-control by the Chancery Court powers in Delaware has begun. I’m seeing stories now saying that Delaware’s incorporation dominance is “unlikely to be shaken.” Folks, that’s exactly how we know the dominance is already being shaken. When The Economist, Politico, Reuters and even Delaware’s own newspapers are writing about it, you know it’s happening.
There is fear out there. Stories saying the Chancery Court and incorporation dominance won’t be dented is how you know that actual damage is being done. Keep the stories coming. I’ll laugh each time I see them and know that what I’ve been writing about for a decade is gaining more momentum.
I’ll again share the piece below from The Economist about where things are heading. The ground is cracking under America’s First State as Delaware is indeed falling from its incorporation dominance. See The Economist story.
Please share your feedback on this, it’s always welcome and appreciated.
Elon Musk is not alone in having Delaware in his sights
Sin City does, too
image: brett ryder
Mar 14th 2024
At the turn of the 20th century the prime state to register businesses in America was New Jersey, home to America’s biggest trusts such as Standard Oil. Other states, including its diminutive next-door neighbour, coveted the spigot of easy money that came from business incorporation. “Little Delaware, gangrened with envy at the spectacle of the truck-patchers, clam-diggers and mosquito-wafters of New Jersey getting all the money in the country into her coffers, is determined to get her little tiny, sweet, round, baby hand into the grab-bag of sweet things,” the American Law Review, a journal, wrote at the time.
It succeeded. As New Jersey tightened its laws in response to the antitrust fervour of the 1910s, businesses realised the grass was greener across the Delaware river. The resulting corporate migration has turned Delaware into America’s incorporation capital. In 2022, 1.9m firms were incorporated in the state, almost two for every one of its citizens. More than two-thirds of the Fortune 500 list of America’s biggest firms by revenue are registered there (as are a few entities linked to The Economist). In Wilmington, its biggest city, office towers stand as their faceless business domiciles. Business taxes and fees generated about $2bn for the state in 2022, a big part of its annual budget.
No surprise, then, that now other states are keen to get their own sweet, round mitts on the spigot by offering businesses even juicier incentives. Some aggrieved tycoons, such as X’s troll-in-chief, Elon Musk, are helping make the anti-Delaware case for them. To assess their chances, your columnist visited Nevada, which has long wanted to make itself as amenable to business registration as it is to nuptials. As Benjamin Edwards, a law professor at the University of Nevada, Las Vegas, puts it: “There is dreary Wilmington and the Texas wastelands. Or there is fabulous Vegas.”
Las Vegas’s business courts are a far cry from Wilmington’s Court of Chancery. They are in the general courthouse, so you are checked for weapons before you enter. Their location on the 16th floor provides a sense of being high above the hurly-burly. Yet the first case Schumpeter heard was down to earth, concerning mould in a rental property. A paper on the desk of Mark Denton, the judge in that case, is a reminder of the state’s long battle to be taken seriously. “Transforming Nevada into the judicial Delaware of the West: How to fix Nevada’s business courts”, from 2016, pointed to three problems. Business judges did not publish their opinions, which made the system unpredictable. They were forced to work on business and non-business cases, which made it slow. And Nevada had two business-court districts, Las Vegas and Reno, which meant some laws were interpreted differently. Nevada, the paper concluded, had a lot to fix before taking on Delaware. It still does.
You do not find such soul-searching in Wilmington. When your columnist last visited, the sense of entitlement for setting the de facto corporate law of the land was palpable. He dined, with obligatory tie, at the Wilmington Club, a place for corporate lawyers to eat, drink and discuss the business rulings of the day over brandy and cigars. Read some of the erudite judgments that have emerged recently from the Court of Chancery, interspersed with discussion of the “soritical paradox” and Shakespeare, and they leave little doubt that business law is as prized in blue-blooded parts of Wilmington as slot machines are in red-blooded Vegas. Delaware’s pre-eminence is seldom questioned.
Now is one of those rare times. A flurry of rulings has been a cause for disquiet. The most prominent critic has been Mr Musk, who attacked Delaware in January after the Court of Chancery voided his $56bn pay package as boss of Tesla. In response, he reincorporated Neuralink, his brain-implant firm, in Nevada, and has filed to move SpaceX, his rocketry business, to Texas. TripAdvisor, an online travel firm chaired by Greg Maffei, a media baron, is decamping to Nevada—to save money and spare the board “unmeritorious litigation”, it says. A Court of Chancery judge recently ruled that Delaware could not stop the move, though he allowed shareholders to sue for compensation.
Delaware’s defenders instinctively dismiss its critics. At a gathering this month at the Tulane Corporate Law Institute in New Orleans, panellists noted that in the past some of Delaware’s loudest antagonists, such as Conrad Black, a publisher, were later convicted of fraud (Lord Black was pardoned by Donald Trump when he was president). Yet law professors say recent rulings—not just Mr Musk’s case but also Delaware’s efforts to push back against agreements through which controlling stockholders, such as private-equity firms, govern their listed subsidiaries—have raised concerns about the unpredictability of Delaware judgments. Some buy-out firms are said to be thinking of moving to Nevada
Francisco Aguilar, Nevada’s secretary of state, highlights its selling points. Nevada leans in favour of controlling shareholders in their “constant tension” with minority investors, he says. He points to the “accessibility” of state lawmakers to business-owners who want to influence corporate statutes—highly unDelaware-like behaviour. But Mr Aguilar also acknowledges local shortcomings. Nevada’s low fees partly reflect poor service. Its business-filing system has been “duct-taped together” for too long, he says, and is in the midst of a $15m upgrade. Faced with such constraints, firms looking for an alternative to Delaware have often preferred Wyoming or North Dakota, he admits.
Stick or twist
If Nevada offers loose shareholder protections in order to woo businesses, the danger is that investors will value firms that move there less highly. This means that Delaware has little to fear from Nevada—or any other state—for the time being. But the competition could still turn out to be healthy, even if it involves rivals offering laxer corporate standards, by keeping Delaware on its toes. It may even make the First State less insufferably smug.
OPINION
Dear Friends,
On an amazing appeal result from a NY Appellate Court, Donald Trump had his outrageous and unprecedented order from the nefarious AG Letitia James assault requiring Trump to post a bond of half-a-billion dollars to be able to even appeal or lose his properties, was significantly reduced to $186 million and he was given 10 days to arrange the details. Trump will post cash and appeal this absurd litigation all the way to the Supreme Court if necessary.
Ironically, Trump’s own social media platform, established in 2022, named “Truth Social” is now trading on the Nasdaq stock exchange and has millions of followers. Trump’s stock is now worth billions of dollars, making him potentially one of the richest men in the world.
Trump’s popularity is soaring, and he leads Biden in every swing state. The Democrat-inspired witch hunts, clearly in collusion with Biden’s White House, in a heinous attempt to remove Trump from running, are backfiring and Trump is moving ahead with his positive campaign issues.
In the interim, Biden’s intentional border crisis continues with thousands of illegals from all over the world walking into our country. The financial devastation and the criminal activity from these policies are changing the face of our country.
As an aside, Biden mentioned that in his trip to Virginia, “he took the train over the Chesapeake Bay Bridge Tunnel. For those of us who have lived in Delaware, Maryland, and Virginia know there is not a train over the bridge tunnel nor has there ever been one. Obviously, Biden’s dementia is increasing.
The consistent and unprecedented saga of this campaign season continues as the voters are now considering who to support. RFK’s entry as a Presidential candidate, gleaning 12% of the polls, will affect the outcome in November.
As always your comments are welcome and appreciated.
A friend of mine who I have deep respect for recently told me I have a “blind spot” on the TransPerfect case because I believe the court’s decisions in that case were the result of Chancery Court corruption. He suggested maybe the case was typical administration of justice – nothing unusual – and maybe it’s somehow the winning litigant’s fault – Phil Shawe – that this case generated $250 million in legal fees, which mostly went to Chancellors Bouchard’s friends, who were all conveniently co-counsels on the Walt Disney/Michael Ovitz case with Bouchard before he was on the bench. Maybe my friend is right?
Then again, after reading hundreds of transcript pages many times, talking with many employees, and reporting on this case for nearly a decade, maybe I’m right. Maybe the company was never “dysfunctional” – and maybe this was an intentional grand lie by Chancellor Bouchard, to seize a profitable company and enrich his cronies. Maybe another grand lie, as I see it, by Bouchard was that he thought company co-founder Liz Elting was a legitimate buyer. Of course, that would be the only reason that the auction was justified. But, if Elting was a legitimate buyer, as Bouchard claimed, why would she want to bid against the whole world in an open auction that cost $50 million, when she could have just competed against her partner in a two-person auction?
Bouchard must’ve thought the public was incredibly stupid. That’s how I see it, folks. Especially when Elting’s counsel was Bouchard’s best pal and notorious tennis partner Kevin Shannon. In fact, when Bouchard had to give up a hospital board of directors seat in order to become Chancellor, who was his hand-picked replacement? Shannon. Yet another coincidence, folks?!
So maybe my friend is right? Or maybe I am right? And the corruption and grand lies Bouchard engaged in should be investigated, so that the traumatized employees can heal?
You’ll see below the public resignation of the Chief Technology Officer Mark Hagerty, from a few years ago. He has come back to the company. He was one of 24 senior TransPerfect executives, who had all quit publicly during one of the later rounds of the auction. I believe it was the third-round of the auction, if I’m remembering it right. They did so in order to protest Chancery Court corruption. Ultimately their actions saved the company.
Maybe my friend is right, and this letter isn’t expressing the real pain to thousands of workers? Or maybe I am right?
As always, you decide, folks. Your feedback is welcome and appreciated.
By this letter, I officially tender my resignation as Chief Technology Officer of TransPerfect, effective immediately. I am submitting this letter to you because it is my understanding that you are for all intents and purposes in control of the company. As the Delaware Court of Chancery appointed Custodian for TransPerfect Global, Inc. for over two years now, you have been, and continue to be, in a unique position of power over the employees at TransPerfect. You control the future of the company by virtue of the power the Court has bestowed upon you and your ability to vote on company issues as a member of the Board of Directors. While my tenure at TransPerfect has come to an end, it is my sincere hope that by stating the reasons for my resignation in this letter you will consider the impact your decisions have on employees of TransPerfect and ultimately on the value of the enterprise itself.
What I have witnessed firsthand during these past two years is that you do not value, and do not care about, the employees of TransPerfect. I thought you were supposed to be a neutral third party appointed to the board of directors to make decisions that were in the best interests of TransPerfect during this ongoing court ordered process. I thought that being a Custodian for TransPerfect meant caring about its employees, who are the ones that have made it into the success it is today, and who are the lifeblood of the company. Without the tireless dedication of the employees, TransPerfect would not be what it is today, and they all deserve to be treated with respect and motivated to continue to grow the company.
I know how important the employees are, and how much they have contributed to the growth of TransPerfect because I have been a loyal employee for over 14 years, witnessing it firsthand. When I joined TransPerfect the company had no technology at all, it licensed Trados and SDLX and products from competitors. TransPerfect was unable to even get to the table for large enterprise sales deals that involved technology because they had none, zero technology.
Starting with GlobalLink Content Director (which I personally coded and supported and extended for clients like Avis and Dollar/Thrifty), I created the architecture of TransPerfect’s technology products and have hired, trained, mentored, and led an incredible technology team that is now the industry leader. I created the initial GlobalLink Project Director product with a small development team for the Yahoo/FIFA World Cup in 2006. In addition to currently being the technology leader in the space with major enterprise customers like HPE and Dell/EMC, GlobalLink Project Director is now the cornerstone of the entire TransPerfect production operation, translating billions of words per year for our clients, improving gross margins for our internal production centers, reducing employee turnover and improving the quality of life for our project managers by eliminating manual tasks and increasing efficiencies. I am responsible for GlobalLink OneLink, our website translation proxy product, brought to market in just one year by creating the architecture and code for the first version with a talented senior software developer who I recruited and convinced to join the company because I knew he could deliver.
The list goes on, but you should already know about all of our great technology products, created during my 14 years as CTO, during your preparation to sell the company.
So far in 2017 our GlobalLink branded technology products, which I am responsible for creating and evolving over the past 14 years, are directly responsible for roughly 35% of TransPerfect revenue, and even for customers that do not license our technology, our internal production teams at TransPerfect use GlobalLink Project Director and the suite of products for over 90% of all translation jobs that the company delivers. In the last 6 years, one such product, GlobalLink OneLink, alone has brought in $31 Million dollars in technology licensing revenue, and over $107 Million dollars in total revenue including services, while GlobalLink Project Director has brought in $40 Million dollars in technology licensing revenue and over $311 Million dollars in total revenue including services. That is well over $400 Million in revenue directly related to these two GlobalLink products in just the last 6 years. Our year over year growth for technology and services through three quarters from 2016 to 2017 is over 40%. Clearly as CTO who is responsible for these technologies, one would think I would be congratulated and rewarded for this kind of success. Then I look at my paycheck and my compensation has not changed in 2 years. I make the same salary today that I was making in 2015. Mr. Pincus, you are on the board of directors, the board controls my compensation. You are responsible for this unfair treatment of me. Have you been able to force TransPerfect to pay you whatever you want, increase your hourly rate, and hire as many other Skadden lawyers to enrich your firm and your pockets? Is it really fair and just that Skadden makes millions of dollars annually from TransPerfect, and I don’t get a raise for two years when I am responsible for generating 35% of the revenue and profits that are used to pay you and your firm and the firms you hire to assist you?
Money, Greed, Power, Arrogance: these things corrupt people, have they corrupted you?
I have dedicated the last 14 years of my life to TransPerfect. I am directly responsible for hundreds of millions of dollars in revenue. I am responsible for millions upon millions of dollars in profits over the years that went directly to Liz Elting and Phil Shawe as shareholders. By creating the technology platform that increased the value of TransPerfect by hundreds of millions of dollars, I have delivered in my role as CTO. Who is going to profit from all of my hard work besides the owners of TransPerfect? Robert Pincus will profit. Skadden, Arps, Slate, Meagher & Flom will profit. Credit Suisse will profit. Joel Mostrom will profit. Alvarez and Marsal will profit. EY will profit. Every firm you hire to assist you will profit. But there is no recognition of my contributions to the value of the company, and there is no upside for me.
In fact, the only possible upside for the TransPerfect success that I, Mark Hagerty, ever had was Phantom Stock. The Phantom Stock program was created at my urging to Phil Shawe for the company to give some upside to employees as the company grew, since as a private company there was no opportunity for real equity for employees. There was always the hope that as the company grew and continued to be profitable the Phantom stock would be worth something significant. In fact the Phantom Stock price had been increasing every quarter, every year, along with the company’s success.
But then, it began to decline after you became Custodian. How is that possible? Company revenues have continued to increase every quarter, one would expect the Phantom Stock price would go up too. But there was always a profit component to the formula for Phantom stock, and the millions of dollars in money spent by yourself as Custodian on Skadden and Alvarez and Marsal and others you hired, devalued the Phantom Stock, driving the price down even as the company grew.
I wonder, when you and your investment bankers calculate EBITDA for TransPerfect for the sale, I bet you exclude all of these legal costs and other millions of dollars of costs from that calculation, right? You probably say it is a one-time extraordinary expense that will not exist after the sale, so you exclude that from the calculations, right? That helps you sell the company at a higher valuation, right? But, for the Phantom Stock calculation, did you apply that same reasoning? No. Did you care about the value of the Phantom Stock to the employees? No. When I cashed in my Phantom Stock, the payout was far less than expected because of this. I lost a lot of real money as my Phantom Stock declined in value, the only possible upside in the company that I ever had, as a direct result of you and your law firm billing TransPerfect for millions of dollars in fees. You had the power to amend the Phantom Stock plan to keep your extraordinary fees from depriving TransPerfect employees of the true value of their labor. But you didn’t. How is that fair to me? How is that fair to the other TransPerfect employees that actually contributed to the incredible growth in the value of TransPerfect as a company?
On the topic of being fair to employees, I have attached an email I sent you back in February of 2016 regarding employee health benefits. TransPerfect CUT employee health benefits in 2016 compared to what they were in 2015. You had a choice, you could have done the morally right thing and kept benefits the same, you had the power. You could have shown that you do care about the TransPerfect employees. It was a tiny amount of money, nothing compared to what you make annually and the millions of TransPerfect dollars that goes to your Skadden law firm and the firms and consultants you hire. But you chose to cut employee benefits because that meant spending a few TransPerfect dollars on actual TransPerfect employees. If you are so convinced cutting employee benefits is a good decision, have you recommended to your own Skadden law firm that they should cut employee benefits too?
Shortly after you became Custodian, on Dec 1, 2015, I emailed you directly about another employee related issue. I asked you to please resolve the Yu-Kai Ng employee situation, regarding the unfair treatment regarding his pay. As Custodian you had the power to do the right thing and solve that issue quickly and easily with very little cost to TransPerfect. Instead you chose to spend TransPerfect money. You hired an investigator to write a report (how much did that cost?) that was, in my opinion, completely flawed. The investigation was flawed because the investigator never bothered to speak with me, Mr. Ng’s immediate supervisor, at all during the investigation. Wouldn’t any competent investigator seeking the truth have at least taken an hour of his time to interview Yu-Kai’s boss and get clarification on the situation. By not resolving the issue, you forced Yu-Kai to sue TransPerfect, causing him unnecessary stress and duress by having to sue his employer to receive his proper back pay and future pay. No employee wants to have to go through the hassle of hiring an employment lawyer and suing his own employer. You forced a situation that went on for many months and required mediation to settle. How much TransPerfect money did you waste to settle that case when you could have solved it by paying him fairly what he was due and spending nothing extra? How much money did Skadden and other firms you hired bill TransPerfect related to settling the Yu-Kai lawsuit? If you had just been unbiased and fair and focused on your duties as Custodian, TransPerfect would have saved a lot of money. I would venture to guess that the total money spent on lawyers and investigators exceeded what Yu-Kai was owed. Who profited from that? Not Yu-Kai. Not TransPerfect. Only lawyers and investigators. How many other employee related lawsuits have you directly caused by your decisions on the board?
Continuing on the topic of how you choose to treat TransPerfect employees, and how you do not value their contributions to the company, I received an email from Carol Chuang in HR on September 5th where I was informed Keith Brazil’s title promotion to Senior Vice President was rescinded. I had subsequent follow up with her and her response on September 14th where she says the board “specifically also discussed his promotion and voted to rescind it.” As the controlling vote on the Board of Directors, that means you had the power to decide on this issue. This is such a petty issue, has no bearing on the sale of the company whatsoever, and the only goal of voting to take away a deserved title promotion from Keith Brazil is to send a clear message that the Board does not care about the employees. It is clear from the email thread that Keith was promoted before any new rules were put in place regarding titles. Also, the Board did not even bother to ask me, his manager, to actually give the reasons for his promotion, which would have clearly illustrated why he clearly deserved it. The bottom line is you decided to embarrass a critical technology employee, someone who has been with the company even longer than me and who has had a huge impact on the success of our technology. There is no valid reason for you voting to strip his title, but the message was clear to this and other hardworking employees: you are in charge and they don’t matter at all. We are talking about a title, not money. If you sent out a poll to all of the employees in the company and asked them if Keith deserved to be promoted to Senior Vice President, I am certain the vote would be overwhelming in favor of his new title. Everyone on his team, everyone in Sales, everyone in Production would agree he deserves it. But somehow, the all powerful Mr. Pincus gets to decide and chooses to rescind his title instead of affirming it. What effort did you even take to find out if he deserved it? I know the answer, since you never asked me about it …. None.
I believe you are aware that the social security numbers, home addresses and annual salary information of TransPerfect employees were handed over to criminals who specialize in identity theft. As a result, I and every other TransPerfect employee have to lose sleep worrying about someone possibly stealing our identity, filing false tax returns on our behalf, or raiding our social security benefits in the future. I personally had my IRS refund delayed for 4 months because I had to schedule an in person meeting to prove my identity before I could get my refund. These are hassles and stresses I don’t enjoy that I have to worry about forever, for the rest of my life, just like every other U.S. TransPerfect employee. Why? It is my understanding that after your hand-picked head of Accounting, Joel Mostrom of Alvarez and Marsal took over the department, someone under him responded to an obvious phishing scheme and sent out all of the company W-2s with employee names, addresses, and social security numbers to someone that specializes in identity theft. That person must have been untrained for the job they were doing, because anyone with any knowledge of privacy laws and anyone that understands anything about keeping social security numbers confidential would never have replied to that email even if it came from Liz Elting herself rather than an impersonator. There is no reason to ever send all of the Social Security numbers of the employees to Liz Elting or anyone that might ask for them. If a CEO or Board member asks for employee compensation information, that can be supplied without giving out the actual W-2s and comprising employee social security numbers. By hiring Mr. Mostrom, by extension you caused this breach that impacts me and every TransPerfect U.S. employee now every day for the rest of our lives.
Throughout this sale process over the last two years, I have continued to keep my head down, tried to ignore the noise and just do my job. By any fair evaluation, I have done an exceptional job, improving our technology products, increasing our reputation as the leader in technology in the translation space, increasing our customer base, and growing our revenues with remarkable growth over the last 2 years. During 2017 I have been asked to provide lots of information and I have done everything asked of me. You hired EY to prepare a report on the company to give to prospective buyers. I provided information to EY whenever they asked for it, spending considerable time to give them very detailed spreadsheets and information. I met in person with EY when they asked for it and answered all of their questions. I fully cooperated with them. The same goes for Joel Mostrom every time he asked me for information. I participated in phone calls with Joel, and even with you, whenever I was asked. I answered every question asked of me. The same goes for Adam Mimeles, TransPerfect’s corporate attorney, whenever he asked for anything related to due diligence for the sale, I have provided it, in detail.
The only time I hesitated for even one minute was when James Pak of Skadden asked me about Wordfast source code. On Wednesday, August 9th, James sent me an email asking for a conference call. I immediately replied that I could do it the following day, Thursday, August 10th and asked him what he wanted to talk about, so that I could be prepared. When he replied that it was about Wordfast source code, I was very concerned. I had provided Wordfast employee, cost, and product information to EY for their technology report. When they finalized their report, they had removed Wordfast as a category. I was told that was because Wordfast was not part of the sale. I later had a call with you and Joel Mostrom where you asked me what other CAT tools TransPerfect owned (I mentioned Alchemy Catalyst) and what it would take to replace Wordfast after the sale. These interactions made it clear to me that Wordfast was not owned by TransPerfect and not included in the sale. That was made clear to me by you, EY, and Joel.
When Mr. Pak asked me to discuss Wordfast source code, I reasonably felt very uneasy because I did not want to be exposed to liability for discussing third party proprietary information, such as source code, related to Wordfast. On Thursday I told Mr. Pak I couldn’t do the phone call until this issue was resolved. It then took until the end of the day on Friday, August 11th before I received a letter from you, Mr. Pincus, granting me indemnity related to Wordfast. Over the weekend and on Monday I was on a scheduled vacation in Maine with my family hiking, and Tuesday I was driving back to Boston from Maine and flying back from Boston to San Jose, CA so that I could be back in the office on Wednesday. I had an out-of-office message indicating that I could be reached on my cell phone in the case of an emergency. When I returned to the office I immediately emailed Mr. Pak and set up a call with him that morning. I spoke with him and answered all of his questions and educated him about our products and the source code. It was only after I had spoken to Mr. Pak that I saw the letters Skadden had sent to my attorney threatening Board action against me. I was actually shocked by that when I found out, but then I realized it was in line with the standard bullying and intimidation tactics that you and your Skadden firm use in dealing with TransPerfect employees.
I immediately called up Mr. Pak and asked him to apologize to me personally, as I had been fully cooperative and my vacation was planned months in advance. I pointed out to him that he could have just called my cell phone on Monday if it really was so urgent, and such an emergency that it caused Skadden to threaten my job for being on vacation for 2 days. He said my cell phone was not in my out- of-office message so he couldn’t call me. I never put my cell number in my OOO messages because that message goes to every person that emails me, and I don’t want to give out my personal cell phone number to every person that sends me spam or any external person that emails me. It is really quite astonishing to me that Mr. Pak could spend the time to write threatening letters but couldn’t take the time to contact someone inside of TransPerfect and ask for my cell number. It is not a secret to anyone in the company, my cell phone number is available in outlook and in the company directory. I was actually surprised that Mr. Pak refused to apologize after he fully understood everything. He was quite nasty about it and simply said, “You will NEVER get an apology from Skadden!” I know I did nothing wrong, I was just being cautious and trying to not get in any future legal trouble, and I was fully available if Mr. Pak had just even attempted to reach me on my cell, which he did not.
I then proceeded to actually find a way to give him access to the source code in the most secure and quickest way possible. I personally set up a virtual machine in AWS and secured access to it and granted him access right away. It then took Mr. Pak multiple days just to provide the proper forms for the IT department so that access could be given to another Skadden lawyer and two experts hired by Skadden. If everything was so urgent, I don’t know why it took so long for that to happen. Delays caused by Mr. Pak and Skadden don’t seem to matter, but if I am on vacation for 2 days that requires me to be threatened by Board action (a Board which you control and hold all of the power as the deciding vote Mr. Pincus). All of this once again proves to me how much Skadden is biased against me, even though I have been totally cooperative.
Despite how Mr. Pak had treated me, I continued to do everything he asked of me. I got on conference calls with him and his experts. I set up a call with Chris Cowperthwait when Mr. Pak asked for that, keeping it a secret what the call was about, because that is what Mr. Pak asked me to do. I sent an email to Jean-Philippe Odent when he asked for that. I answered every question he asked of me.
Despite my complete cooperation with Mr. Pak, he remained totally condescending and rude to me when he directed me in email to transmit the source code electronically to him on Sept 19th. I even forwarded the email to Adam Mimeles to get his opinion and his response was “I am also troubled by James’ tone in the other email”. Even with the poor, unprofessional treatment of me by Mr. Pak and Skadden, I personally copied the files onto a secure drive, working late into the night, and hand- delivered them to Mr. Pak in his office instead of delivering it to him in an insecure way (he originally requested insecure unencrypted ftp). I still don’t feel right about being forced to give over Wordfast source code, and I hope I don’t get sued for delivering a copy of it to Skadden and your experts.
I am still totally unclear why Mr. Pak and Skadden had to hire TWO experts to look at the code, neither of which ever asked me even one question about the source code over the course of the past two months. When we had a patent litigation trial, we only needed to hire one expert. The other side only hired one expert. Why Skadden had to pay two experts, spending more TransPerfect money, is beyond me. But I guess when you are not spending your own money it doesn’t matter, just spend, spend, spend.
I had trouble sleeping all weekend long. I kept thinking about the conference call I was asked to participate in on Friday by Credit Suisse with Citi financing bankers. This was the very first call I was asked to participate in related to the sale of the company. I answered all of their technology questions, I explained some of the culture of the company and the growth potential for the future. I gave them my background and how we have grown technology over the past 14 years. At the end of the call I felt really good about myself – reflecting on my fourteen years as CTO I felt that I really have done a lot of great things for TransPerfect. I was proud of what we have built here, and my contributions to TransPerfect.
Then, as the weekend went on, I kept thinking about this being the very first time I have been asked to talk at all to anyone during the sale process. I have clearly been purposely excluded from every other call. I have been given zero indication that I might have a future with the company post-sale, quite the opposite. When the sale process started, I was informed that TransPerfect management would have a seat at the table. There was hope that the senior management of TransPerfect would be able to participate and submit a bid and be a part of the process. Then that promise went unfulfilled. Senior management does not support a sale to H.I.G., and wanted a chance to compete for company ownership. Our senior management team was told “NO”: you cannot submit a bid, you cannot participate in the process, you have no chance. You, with your actions, have made it abundantly clear that I have no future with the company post-sale, and in fact you don’t really care about the future of the employees of TransPerfect at all. Once you sell the company, you cash out, go back to your wealthy law firm, enriched with unchecked TransPerfect fees, and wait for the Court of Chancery to give you the next opportunity to bill millions of dollars in fees with no accountability and unlimited power.
I, on the other hand, will be out of a job with zero compensation beyond my past salary for the hundreds of millions of dollars in value I created for TransPerfect over the last 14 years of my life. So I thought about that all weekend long and came to the conclusion that I am not going to keep coming to work every day continuing to create value for TransPerfect, just waiting for the day the company gets sold to a competitor and I am out of a job. I just got back from the third annual GlobalLink Next conference in Chicago. It was so uplifting to hear our customers talk about how happy they are that they chose GlobalLink technology, how great TransPerfect is to partner with, how we solve their problems and how our technology is so much better than the competitors in our space. They know this first hand because many of them switched from a competitor solution to GlobalLink and sing the praises of the GlobalLink technology. I love our customers. I love the technology I have created here. I love my senior technology team, many of whom have been working for and with me for ten years or more. I love our senior management team. Fourteen years I have been working to build something great, working tirelessly, with so much pride and dedication in my work that I never use up my annual vacation days and thus max out and lose vacation days every year. That has kept me here through all the turmoil, and I have kept my team together through it all. But my contributions are clearly not valued, as evidenced by the lack of a raise in 2 years, and everything else I have outlined in this letter. I just kept asking myself all weekend, “I have no future here, so why am I still here?”
This resignation letter is the answer to that question.
Sincerely,
Mark Hagerty, Former CTO of TransPerfect Translations International, Inc.
OPINION
Dear Friends,
Every time I turn on the TV and learn more about President Biden’s outrageous, totalitarian, Orwellian, policies and his total dishonesty that becomes more and more apparent each day, I literally grind my teeth.
Who in the hell is Biden to tell one of our best allies in the world, the State of Israel, how to conduct its necessary operation to destroy “Hamas”, which is the most evil group in the world. This is the terrorist group the Palestinians elected in Gaza. If Hamas is not destroyed completely, Israel will never be safe. Is Biden a military expert ? NO!!! Is he sucking up to the antisemites that are part of the Democrat party? YES!!
Biden is trying to kill the American Dream by allowing drug dealers, murderers, rapists, and terrorists to come across our border unvetted and uninhibited. His absurd bill in Congress will only support and facilitate these nefarious invaders!!! Biden, in my opinion, is guilty of not only influence peddling, but being irresponsible for lives lost, because of the despicable crimes that are being committed by these illegals that Biden supports over our citizens.
Remember the Afghanistan withdrawal where 13 service people were killed and a situation which left the Taliban with billions of dollars of American hardware, making them the best equipped terrorist group in the world? Biden’s generals testified before Congress that it was all on Biden’s orders!!!! Biden is fully responsible for those lives lost!
How dare Biden forgive millions of dollars of student loans at the taxpayer’s expense, contrary to the Supreme Court’s decision? I paid my kids’ student loans. Many of us either paid for our children or actually paid off our own student loans!! What about those who did not go to college and work in the various trade industries? Should these folks have to pay for student loans that Biden intends to forgive. OUTRAGEOUS!!!!
Biden intends to destroy the oil industry, force us to buy electric cars that don’t work in cold weather and have limited charging stations across the country. The rub is China controls the minerals that MAKE THE BATTERIES! They make the batteries that go in the Electric Vehicles. Could this be part of Biden’s sell out to China through son Hunter’s deals? The ridiculous “Green New Deal” is designed to control your lives folks! By the way, a new battery in your electric vehicle could cost you $15,000.
For those of you who are educated, perhaps you have read “Brave New World” by Audious Huxley or “1984” by George Orwell? Both novels present a Communist-type of government where every aspect of people’s lives are controlled by the government!! If Biden gets reelected and the Democrats have their way, this could well be your future. An ordinary life, no hope, no American dream, limited prosperity—everybody forced to be the same! Pigs in a pen, fed corn to keep us locked up. Indeed, it is a despicable situation where a President actually is doing his best to destroy the American Dream.
If you support this heinous crap that Biden purports and is implementing, plus every inflationary policy he has created, regardless of party, you are either ignorant, stupid, dishonest, or intrinsically evil. I consider you an enemy of the state!!!
Folks, regardless of Trump’s faults and his fallacious indictments in NY and Georgia, we must elect him President and remove the worst President in US history, Joe Biden, from the White House!
Biden is a dangerous and incompetent monster who is doing his best to ruin our country!
That is the way I see it. As always, your comments are welcome and appreciated.
Not long ago, folks, New Jersey was the incorporation capital of the United States. Then Delaware stole it away. Now, Nevada is looking to steal it from Delaware, as companies like TransPerfect and Neuralink have already left Delaware because of what I see as its cronyistic, corrupt, crooked Chancery Court. Many other companies such as TripAdvisor and Elon Musk’s Tesla will soon follow.
It’s quite validating to hear a haughty magazine like The Economist bring up the TransPerfect case issues, which I’ve been reporting on here in this space for years. I’ve been maligned by many for doing so, yet here The Economist calls Delaware “insufferably smug” with no “soul-searching” happening in its Chancery Court.
The story even talks about cases being discussed (decided?!) at the “Wilmington Club… over brandy and cigars,” instead of in the courtroom.
See this sobering piece below from The Economist about where things are heading. As New Jersey fell far from its dominant perch, soon Delaware may also fall from its incorporation dominance. I didn’t mind being the lone voice. Now there are many in the media echoing what I’ve been saying for years. This is huge news in The Economist.
Please share your feedback on this, it’s always welcome and appreciated.
Elon Musk is not alone in having Delaware in his sights
Sin City does, too
image: brett ryder
Mar 14th 2024
At the turn of the 20th century the prime state to register businesses in America was New Jersey, home to America’s biggest trusts such as Standard Oil. Other states, including its diminutive next-door neighbour, coveted the spigot of easy money that came from business incorporation. “Little Delaware, gangrened with envy at the spectacle of the truck-patchers, clam-diggers and mosquito-wafters of New Jersey getting all the money in the country into her coffers, is determined to get her little tiny, sweet, round, baby hand into the grab-bag of sweet things,” the American Law Review, a journal, wrote at the time.
It succeeded. As New Jersey tightened its laws in response to the antitrust fervour of the 1910s, businesses realised the grass was greener across the Delaware river. The resulting corporate migration has turned Delaware into America’s incorporation capital. In 2022, 1.9m firms were incorporated in the state, almost two for every one of its citizens. More than two-thirds of the Fortune 500 list of America’s biggest firms by revenue are registered there (as are a few entities linked to The Economist). In Wilmington, its biggest city, office towers stand as their faceless business domiciles. Business taxes and fees generated about $2bn for the state in 2022, a big part of its annual budget.
No surprise, then, that now other states are keen to get their own sweet, round mitts on the spigot by offering businesses even juicier incentives. Some aggrieved tycoons, such as X’s troll-in-chief, Elon Musk, are helping make the anti-Delaware case for them. To assess their chances, your columnist visited Nevada, which has long wanted to make itself as amenable to business registration as it is to nuptials. As Benjamin Edwards, a law professor at the University of Nevada, Las Vegas, puts it: “There is dreary Wilmington and the Texas wastelands. Or there is fabulous Vegas.”
Las Vegas’s business courts are a far cry from Wilmington’s Court of Chancery. They are in the general courthouse, so you are checked for weapons before you enter. Their location on the 16th floor provides a sense of being high above the hurly-burly. Yet the first case Schumpeter heard was down to earth, concerning mould in a rental property. A paper on the desk of Mark Denton, the judge in that case, is a reminder of the state’s long battle to be taken seriously. “Transforming Nevada into the judicial Delaware of the West: How to fix Nevada’s business courts”, from 2016, pointed to three problems. Business judges did not publish their opinions, which made the system unpredictable. They were forced to work on business and non-business cases, which made it slow. And Nevada had two business-court districts, Las Vegas and Reno, which meant some laws were interpreted differently. Nevada, the paper concluded, had a lot to fix before taking on Delaware. It still does.
You do not find such soul-searching in Wilmington. When your columnist last visited, the sense of entitlement for setting the de facto corporate law of the land was palpable. He dined, with obligatory tie, at the Wilmington Club, a place for corporate lawyers to eat, drink and discuss the business rulings of the day over brandy and cigars. Read some of the erudite judgments that have emerged recently from the Court of Chancery, interspersed with discussion of the “soritical paradox” and Shakespeare, and they leave little doubt that business law is as prized in blue-blooded parts of Wilmington as slot machines are in red-blooded Vegas. Delaware’s pre-eminence is seldom questioned.
Now is one of those rare times. A flurry of rulings has been a cause for disquiet. The most prominent critic has been Mr Musk, who attacked Delaware in January after the Court of Chancery voided his $56bn pay package as boss of Tesla. In response, he reincorporated Neuralink, his brain-implant firm, in Nevada, and has filed to move SpaceX, his rocketry business, to Texas. TripAdvisor, an online travel firm chaired by Greg Maffei, a media baron, is decamping to Nevada—to save money and spare the board “unmeritorious litigation”, it says. A Court of Chancery judge recently ruled that Delaware could not stop the move, though he allowed shareholders to sue for compensation.
Delaware’s defenders instinctively dismiss its critics. At a gathering this month at the Tulane Corporate Law Institute in New Orleans, panellists noted that in the past some of Delaware’s loudest antagonists, such as Conrad Black, a publisher, were later convicted of fraud (Lord Black was pardoned by Donald Trump when he was president). Yet law professors say recent rulings—not just Mr Musk’s case but also Delaware’s efforts to push back against agreements through which controlling stockholders, such as private-equity firms, govern their listed subsidiaries—have raised concerns about the unpredictability of Delaware judgments. Some buy-out firms are said to be thinking of moving to Nevada
Francisco Aguilar, Nevada’s secretary of state, highlights its selling points. Nevada leans in favour of controlling shareholders in their “constant tension” with minority investors, he says. He points to the “accessibility” of state lawmakers to business-owners who want to influence corporate statutes—highly unDelaware-like behaviour. But Mr Aguilar also acknowledges local shortcomings. Nevada’s low fees partly reflect poor service. Its business-filing system has been “duct-taped together” for too long, he says, and is in the midst of a $15m upgrade. Faced with such constraints, firms looking for an alternative to Delaware have often preferred Wyoming or North Dakota, he admits.
Stick or twist
If Nevada offers loose shareholder protections in order to woo businesses, the danger is that investors will value firms that move there less highly. This means that Delaware has little to fear from Nevada—or any other state—for the time being. But the competition could still turn out to be healthy, even if it involves rivals offering laxer corporate standards, by keeping Delaware on its toes. It may even make the First State less insufferably smug.
OPINION
Dear Friends,
Former President Donald Trump, now the official GOP candidate for President of the United States, is experiencing unprecedented indictments based on fallacious issues, as the absurd witch-hunts develop in Georgia, Florida, and New York.
In Georgia, Judge McAfee ruled that 3 of the charges against Trump are to be dropped, that controversial DA Fani Willis must remove Special prosecutor Nathan Wade (her apparent lover) if she wants to remain on the case or she can remove herself and her entire office from the case. The appearance of improprieties was apparent according to the Judge, calling the situation having an “aura of mendacity”. Consequently, Wade immediately resigned. Regardless, Judge McAfee decided to make this lightweight decision. As to exactly what damaged prosecutor Fani Willis will now choose to do remains to be seen.
The Federal cases involving classified documents in Mar A Lago and the charges against Trump on January 6th remain fluid with substantial delays being proposed. The New York debacles are also on hold.
As to the documents, Trump had declassified them and under the apparent, nebulous “Presidential Records Act”, kept the documents under lock and key-guarded by secret service agents in Mar A Lago, while Biden kept his stolen documents in his garage with zero consequence. The results of this prosecution remain to be seen?
As to the charges involved, for instigating a riot at the Capital, against Trump on January 6th, are without merit? He clearly stated and I heard his words, “Go to the Capital and peacefully demonstrate.” He also offered 10,000 National Guard troops, which were directly negated by Nancy Pelosi !!!!! The charges are ridiculous and Trump should ultimately be exonerated.
As to the various NY charges, indeed they are beyond anything close to reasonable or legitimate. We are living in a Banana Republic.
Interestingly, Trump keeps going up in the polls and Biden is losing votes on every issue with young voters, women, African Americans and Hispanics!!
That is the way I see it. As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Thank you for responding to my poll asking if you thought the Andre Bouchard, Leo Strine, Kathaleen McCormick “Bad Fellas” Ad was effective or ineffective? I appreciate your thoughtful feedback.
“Leo Strine was in kahoots with Bouchard. They deserved to go down together.” -Brian R. in Lewes
“They are left-leaning. However I did hear the TransPerfect group was trying to buy the paper. Interesting stuff, but not sure how effective? Keep up the great work. Stay safe!” -DJ
“Jud, I think it is very effective! The “Bad Fellas” ad below, the newspaper ads in the past, your email updates and the billboard truck keep us Delawareans constantly aware of this horrible situation. It is good to see there are still people with backbones that are willing to call out the allegations against the Chancery Court. Years ago, when it was run by Chancellor William Chandler, the court was held in high regard. Because of that and the favorable corporate tax system, Delaware basically had a monopoly on companies incorporating here rather than other states.
Now, Chancery Court has become a liability. Startup companies are looking elsewhere and big companies are moving to other states. Why are there no investigations? The justices are not denying the allegations. Are they ignoring Citizens for Judicial Fairness because they have the green light to get away with whatever they want? Every position should be vacated and a whole new round of appointments is necessary. Something has to be done. We are watching the slaughter of Delaware’s golden goose!” -Eric B.
“The ad is a little dark and hard to read, Judson. It looks like a mob poster. I don’t get it.” -Beverly F.
“Effective because it shows what is wrong with the corrupt system in Delaware. And it shows exactly who is responsible for it. I like it.” -Thomas S.
“I see the ad for what it is, Judson, a clear effective message. It just looks muddled.” -Rob F.
“For any ads to be effective, they have to run over and over again and over a long period of time. That’s how the ad business works, Jud.” -Emily S.
Keep the feedback coming, folks! It’s always appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Opinion
Dear Friends,
I am honored to write this article about a class of ship that was named after my cousin by marriage, General Frank S. Besson , Jr. Unfortunately, he is probably rolling over in his grave, as this class of ship owned and operated by the Army has been sent to Gaza by Biden to build and supply a pier off of Gaza to supposedly enhance aid to Gaza civilians.
This puts these service men at terrible risk and I believe much of the supplies will end up in the wrong hands. I am certain my cousin, as a conservative and a patriot, would have hated the idea. Regardless, Please find a bio of this great American below as well.
As both a former ship’s pilot and a political pundit , finding this information interesting personally, being indirectly related to General Besson, having met him several times, and admiring his accomplishments greatly, I thought my readers would appreciate this information.
·8,200 nmi (15,200 km) light·6,500 nmi (12,000 km) loaded
Complement
8 officers, 23 enlisted
General Frank S. Besson-class logistics support vessels (LSV) are the largest powered watercraft in the United States Army, and are designed to give the Army a global strategic capability to deliver its vehicles and cargo.[1]
Design
Named in honor of Gen. Frank S. Besson Jr., former Chief of Transportation, U.S. Army, these ships have bow and stern ramps and the ability to beach themselves, giving them the ability to discharge 900 short tons of vehicles and cargo over the shore in as little as four feet of water, or 2,000 short tons as an intra-theater line haul roll-on/roll-off cargo ship.[2] The vessel’s cargo deck is designed to handle any vehicle in the US Army inventory and can carry up to 15 M1 Abrams main battle tanks or 82 ISO standard containers.[3]
Brief BIO:
Besson graduated from the United States Military Academy, West Point in 1932 in the top ten of his class. He was presented an Officer’s saber upon graduation, by the class of 1909.
In 1940, First Lieutenant Besson was assigned to the Engineer Board at Fort Belvoir, Virginia, where he developed new equipment for the support of combat operations. One of his developments was the Pierced Steel Planking (PSP).
As a lieutenant colonel in 1943, Besson was assigned as Assistant Director and General Manager of the Third Military Railway Service in Iran, assuming full command in 1944. His mission was to manage the Iranian State Railroad in getting U.S. supplies to Russia. The railroad was a single track road, winding 1,000 miles from the Persian Gulf to the Iranian-Russian border on the Caspian Sea.
Despite language barriers, environmental conditions and other difficulties, the railroad surpassed all previous performance records. Under his command, more than five million tons of essential war materials were delivered to the Russian Army to help repel the German attack. He was awarded the Army Legion of Merit for his outstanding work. The Shah of Iran personally presented him with the Iranian Medal, the Order of Hoymanoun, Second Class.
Besson was promoted in early 1945 to Brigadier General, becoming the youngest brigadier general in the ground forces of World War II. He is actually the official father of containerization which its use in transporting arms and ammunition is what won World War II.
After V-E Day in May 1945, Brigade General Besson was assigned as Deputy Chief Transportation Officer of the Western Pacific and assumed total control of the railroads in the Eighth Army’s assigned zone of occupation. Incoming occupation troops were soon moving throughout northern Japan by rail from shipside to airport.
From 1946-1948, BG Besson was assigned by MacArthur as Director of the Civil Transportation Division, Supreme Headquarters, Allied Powers in Japan. He was responsible for all military water, motor and rail transportation activities in Japan, the Philippines, the Marianas, and Korea.
Among his accomplishments was the establishment of a “depot on wheels,” storing 20,000 rail cars worth of valuable military equipment, released by inactivated units. Saved from deterioration, the equipment was later rehabilitated, following soon after, played an important part during the Korean campaign. BG Besson returned to the U.S. in 1948 and served nearly five years as Deputy Chief of Army Transportation.
Besson was promoted to Major General in 1950, and assumed command of the U.S. Army Transportation Center and School at Fort Eustis in 1953.
He directed extensive studies to develop new doctrines that would enable the Corps to better cope with the requirements of modern warfare. His vision involved the routine, rather than the emergency, use of air transportation, employment of express surface transport, full exploitation of special purpose containers, vehicles, material handling equipment and ships of radical design.
He pioneered many concepts aimed at improving the speed and efficiency into the transportation system by using containerization, roll-on/roll-off vessels, and improved amphibious vessels, such as the 5-ton and 15-ton LARC’s and the 60-ton BARC.
From 1958 to 1962, Besson served as the Chief of Army Transportation. Besson was then promoted to Lieutenant General in 1962, and became the first chief of the U.S. Army Material Command (AMC).
AMC represented a major reorganization within the Army, consolidating all seven technical services. Many consider his role in helping establish the AMC, and his six years of service as its first commander, as his most important contribution to the Army.
In 1964, Frank S. Besson, Jr. became the 75th officer in the Army’s 189-year history to become a four- star general.
He was the first Transportation Corps officer to achieve that rank and also the first to achieve the rank as head of a logistical organization in peacetime.
After retirement in 1969, General Besson was recalled to serve as Chairman of the Joint Logistics Review Board, reporting on worldwide logistic support to U.S. forces during the Vietnam conflict. In 1970, he was appointed by President Nixon as a founding director and first CEO of the National Rail Passenger Corporation, the operators of AMTRAK.
He was founder and Director of the Board of Services National Bank of Alexandria, Virginia, and a member of the Board of Directors of the Environmental Research Corporation of Fairfax County, Virginia.
General Besson retired in 1970 after more than 37 years of commissioned service, 25 of them as a general officer. He received many U.S. and foreign awards and decorations, including the Distinguished Service Medal with two Oak Leaf Clusters, the Legion of Merit with one Oak Leaf Cluster, the Iranian Order of Homayoun Star, Commander of the Order of the British Empire, and the Republic of Korea’s Order of the Military Merit, Second Class (Ulchi).
OPINION
Dear Friends,
Delaware’s hold on the incorporation dominance has not only weakened, as I’ve been writing in this space for years, but it’s now a topic of debate at Tulane’s Law School annual conference.
Many of you have taken issue with me for talking about this issue for years. Now the real and actual danger of America’s First State’s and its Chancery Court losing companies is being called into question.
I’d love to hear your feedback on this, folks. It is always appreciated.
Delaware’s Corp. Law Dominance A Hot Topic At Tulane Conference
By Rose Krebs
Law360 (March 7, 2024, 8:18 PM EST) — Whether Delaware will continue to be where many companies choose to incorporate and its courts will remain the go-to venue for deciding high-stakes business disputes was a hot topic of conversation as Tulane Law School commenced its annual Corporate Law Institute on Thursday.
Litigators, former or current Delaware judges and others who sat on panels as the two-day conference kicked off made it clear they know that the First State’s corporate law preeminence is under scrutiny given dissatisfaction with and confusion caused by recent rulings and competition from other venues.
In some cases, scrutiny is coming from those unhappy with rulings that didn’t go their way, such as Elon Musk’s displeasure over the Chancery Court’s January decision that struck down his proposed $55 billion Tesla pay package.
But in other cases, increasing concerns about “unpredictability” created by recent Chancery Court rulings are coming from litigators themselves, said Scott B. Luftglass, vice chair of Fried Frank Harris Shriver & Jacobson LLP, during a panel discussing notable Delaware developments.
Others on the panel agreed, including Catherine G. Dearlove, a director at Delaware firm Richards Layton & Finger PA.
Some decisions coming out of the court “are making them question the predictability of Delaware law,” Dearlove said, and there are instances that lawyers are even having to tell clients they’re not sure how to advise them about certain matters.
One decision highlighted as having caused confusion over settled practice was Chancery Court’s ruling last month deeming all but three provisions of a stockholder agreement that gave Moelis & Co. founder Kenneth Moelis board-trumping power over the global investment bank’s business as being “facially invalid” under Delaware law.
In his ruling, Vice Chancellor J. Travis Laster said the provisions violate Delaware law because they take away powers from the board that can only be altered by a company’s charter or bylaws. The compact is part of “a new wave of stockholder agreements” corporate planners now regularly use that include “extensive veto rights and other restrictions on corporate action,” the vice chancellor said.
Although he called the vice chancellor’s decision “thoughtful,” Luftglass said it was also “polarizing” because it upended existing practice and caused confusion about how such agreements should be prepared moving forward.
There have already been numerous challenges to stockholder agreements at other companies, Luftglass said.
In a panel earlier in the day about hot topics in mergers and acquisitions, Delaware’s former Chief Justice Leo E. Strine Jr., now of counsel at Wachtell Lipton Rosen & Katz, acknowledged that the First State judiciary is facing a moment of increased scrutiny.
“It’s an interesting moment,” Strine said, adding that he has “the utmost confidence in my state and its judiciary.”
But there are questions that need clarity, such as what constitutes control and who is a controller under Delaware’s entire fairness doctrine, he said. Some key appeals pending at Delaware’s Supreme Court should help clear those issues up, Strine said.
Scott A. Barshay, partner and chair of Paul Weiss Rifkind Wharton & Garrison LLP’s corporate department, suggested that as questions persist more companies are going to pause before incorporating in Delaware and may look elsewhere to states like Nevada.
“This is real folks,” William Anderson, senior managing director of investment banking firm Evercore, chimed in. “Companies are looking at Nevada” because of uncertainty caused by recent Delaware decisions, he said.
In pondering whether Delaware will remain “corporate America’s favorite home,” consistency and predictability are what corporations crave, said William M. Lafferty, chair of Delaware firm Morris Nichols Arsht and Tunnell LLP. Lafferty moderated the Delaware happenings panel.
Delaware has more than a century of case law to draw from, its legislature is quick to address corporate law issues as they arise, and it has smart lawyers and judges, Lafferty said.
It’s not all “doom and gloom,” Lafferty said, as concerns that have roiled the market will be addressed by Delaware’s bench and bar.
“We hear you,” Lafferty said. “We’re not sitting back idle doing nothing.”
Joel Friedlander, an experienced corporate lawyer who has his own litigation boutique, Friedlander & Gorris PA, offered a bit of historical perspective.
Although Musk’s well-publicized calls on social media, after his Chancery Court loss, for companies not to incorporate in Delaware have created a “bandwagon effect,” it isn’t the first time the First State has faced such a situation.
Other corporate officials have been unhappy over rulings in the past and also mounted media campaigns criticizing Delaware’s courts, he said.
But through it all, Delaware has maintained its standing and continues to attract companies to incorporate in the state, Delaware Chief Justice Collins J. Seitz Jr. said.
And the chief justice made it clear that Delaware’s judges will not be put in a position of responding to public pressure or opinion when making decisions.
They will continue to “strive to be fair and impartial” and aren’t “trying to win popularity contests,” the chief justice said.
The chief justice wouldn’t offer commentary on specific cases, noting there are numerous pending appeals in the Supreme Court that will consider issues discussed by the panels.
“Let’s all take a breath,” the chief justice suggested. Yes, the state’s courts “are in the spotlight” given recent high profile rulings, but “Delaware has always persevered,” he said.
Tulane Law launched its annual corporate law institute in 1988 to gather the “best and brightest M&A and securities practitioners,” members of Delaware’s judiciary, “leading corporate counsel and Wall Street investment bankers,” its website says.
–Additional reporting by Leslie A. Pappas and Jeff Montgomery. Editing by Alex Hubbard Interesting readConcerning developmentsNeed more info
OPINION
Dear Friends,
Just a few brief comments about President Biden’s “State of the Union Speech”:
I was not impressed.
First he was 30 minutes late. His speech was filled with one Socialist proposal after another, where taxpayers, especially high wage earners, would pay for everything. Corporations would pay much, which will only increase unemployment, will force folks to go out of business, or go overseas to operate.
His rhetoric about the border was beyond fallacious. He created the crisis, allowing close to 15 million illegals into the country-making 90 executive orders to change working border policies that were implemented by Trump. Now he wants Congress to pass a bill that still allows illegals into the country which only facilitates illegal entry, but doesn’t solve the unprecedented invasion of millions of people from all over the world.
Frankly, the Republican response by Senator Katie Britt from Alabama made sense and she clearly exposed all of Biden’s lies.
Enough said. Your comments are welcome and appreciated, as always.
Trump Wins Super Tuesday, Except Vermont, Now Within 190 Votes to Capture Nomination – Nikki Haley Drops Out – Biden to Give State of the Union Address
Dear Friends,
Donald Trump, after a resounding victory in Super Tuesday’s primaries, is now within 190 votes to capture the necessary 1215 votes to secure the GOP nomination.
Finally, Nikki Haley has suspended her campaign, after only squeaking out a narrow victory in Vermont. I am hopeful that most of her supporters will now come over to Donald Trump and unite the party. Trump is showing amazing resolve, a Teflon hide, considering the pernicious and illegitimate assaults coming at him from the Biden administration. Interestingly, Trump is leading Biden in every battleground state and is in a dead heat in Pennsylvania!
Thursday night, Biden will deliver his “State of the Union Address” to a televised joint session of Congress in a feeble attempt to convince the American people that his insipid programs are working. Folks you will hear one lie after another. The Democrats will applaud while the Republicans will sit in silence and disgust.
I don’t know how Biden will be able to justify his horrible border policy, his destruction of our oil industry-creating increasing inflation, his attempt to ruin female sports by allowing men who want to be women to compete against females, his despicable withdrawal from Afghanistan, getting 13 Americans killed and leaving billions of military hardware behind, thus making the Taliban the best equipped Terrorist group in the world. The man is the worst President in US history and there is nothing he can say to convince any slightly intelligent person otherwise!
I can assure you Speaker Johnson will not rip Biden’s speech in half, as did Nancy Pelosi during Donald Trump’s State of the Union Speech in a classless display of liberal arrogance.
Indeed, I look forward to a HUGE Trump victory in November, creating the beginning of reversing the acute damage that Biden has done to this country.
As always, your comments are welcome and appreciated. God bless America.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends, The “Bad Fellas” ad below ran in last Sunday’s Delaware News Journal. Do you see the ad as: A.) Effective? B.) Ineffective? And why? I appreciate your feedback. I’m curious about your thoughts on it.
Citizens for Judicial Fairness Launches Full Scale “BadFellas” Campaign to Expose Chancery Court Corruption and Abuse
Business Wire
February 21, 2024
Citizens for Judicial Fairness “Bad
Citizens for Judicial Fairness protestors outside of the University of Delaware Weinberg Center for Corporate Governance event on ESG, which featured an all-white panel discussing ESG issues. (Photo: Citizens for Judicial Fairness)
Rampant Court Malfeasance Weakens Justice, Threatens DE Economy
“BadFellas” Campaign Includes Billboard Truck, Direct Mail, and Full-Page Print Advertisement
Billboard Truck Will Circle “Weinberg Center for Corporate Governance” Elite Legal Insiders Event
WILMINGTON, Del., February 21, 2024–(BUSINESS WIRE)–Today, Citizens for Judicial Fairness launched a new campaign, “BadFellas,” to expose Delaware Chancery Court injustices ahead of a University of Delaware Weinberg Center for Corporate Governance event featuring former Chancery Court Chancellor Andre Bouchard. The campaign will call out Bouchard, as well as former Supreme Court Chief Justice Leo Strine and current Chancery Court Chancellor Kathaleen McCormick, as “BadFellas” who are rigging Delaware’s court system and threatening the state’s economy by driving businesses away from DE to incorporate in other states.
The campaign includes a billboard truck that will circle today’s event, a piece of direct mail sent to over 10,000 New Castle County residents, and a full-page print ad in the Delaware News Journal to run later in the week.
Citizens for Judicial Fairness released the following statement about the campaign, “The Chancery Court’s unchecked corruption and naked self-dealing is not just a perverse abuse of justice, it’s metastasized into an existential threat to the state’s economy as big companies incorporate elsewhere to escape the fraud and abuse. The ‘BadFellas’ who run Delaware have spent years putting themselves and their cronies first at the expense of Delaware communities. Legal insiders like Andre Bouchard, Leo Strine, and current Chancery Court Chancellor Kathaleen McCormick seem committed to the infamous line from Goodfellas – ‘F*** You, Pay Me’ – no matter what it means for Delawareans.
“The only way to staunch the bleeding is to enact a popular and comprehensive court reform package that will bring urgently needed diversity, transparency, accountability and fairness to our Judiciary. With a new vacancy coming open on the Chancery Court, we are committed to doing our utmost in the coming months to have a justice of color appointed to the court while continuing our fight for reform and transparency throughout the state’s judicial system.”
OPINION
Dear Friends,
The latest outrage is the liberal, Democrat Judge in Illinois,Tracie Porter, decided that former President Donald Trump should be removed from the Illinois ballot. In the short wake of the Supreme Court, now hearing the Colorado fiasco and then the actions in Maine, this is beyond legal reason. Naturally, Trump has immediately appealed this absurdity to the Supreme Court as well. Trump has not even been charged with insurrection nor has he been convicted of anything yet. This is obvious political harassment and it will be overturned.
It was disconcerting to watch President Biden visit Brownsville, Texas today – the least border violation area right now – making an insipid speech about securing the border, an acute disaster and a true national crisis that he created – 100%. The hypocrisy and lies from this man are so huge and innumerable, I cringe every time he opens his mouth. If it wasn’t so disgustingly serious and dangerous, it would be laughable!!
Biden has been a liar all his life, from the time he was elected a US Senator from Delaware to now. There is no doubt, contrary to the outrageous, obvious, and absurd protestations from Democrat Congressmen, saying “there is no evidence indicating Joe Biden was involved in the huge, influence peddling scheme, led by son Hunter!” There is indeed a large amount of evidence indicating clear collusion, bribery, and possible treason? Innumerable bank accounts, distributing thousands of dollars to various Biden family members, the incriminating emails found on Hunter’s laptop – “10% to the big guy”, testimony from former business partners confirming the President’s involvement, and much more, have all been confirmed by the House Committee. The evidence is overwhelming.
From the day Biden was elected to now, has been one complete, intentional, and destructive disaster for our country. His destruction of our energy industry, his absurd fallacious Green New deal, forcing changes in everything – to forcing Americans to buy Electric Cars – to outlawing gas stoves is crazy. This idiot is funding our enemies, sending money to countries that are not our friends. He was unconditionally supported by stupid, democrat Mayors of sanctuary cities that have been forgiving illegal aliens, criminal activity and supplying these invaders with free food, money, free medical, free education, and free housing. Now that they are being overwhelmed by these freeloaders (while Veterans live on the streets, local children are losing playgrounds and parks, and the citizens are being denied things their tax dollars are paying for?), now they are crying about it! Folks, the cost to American taxpayers is now billions of dollars.
I won’t go into Biden’s weak-sister, foreign policy which could get us in World war III.
Enough said, please vote Republican or lose your country to a despotic group of hypocritical, Democrat leaders that will eventually control your lives in an Orwellian nightmare you won’t like!
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
Opinion
Dear Friends,
This “Bad Fellas” ad ran in Sunday’s Delaware News Journal, folks, and it shows Andre Bouchard, Leo Strine, and Kathaleen McCormick as “Bad Fellas! As far back as we can remember, we always wanted to game the court system. Three decades of court shenanigans in Delaware.”
Well said. Chancery Court corruption out there for everyone to see in this full page ad, for anyone who hasn’t been paying attention to the obvious Chancery Court corruption that I have seen since Andre Bouchard started this absolute mess. What he began has continued and grown worse and is quite worrisome for America’s First State, as I see it.
Please send feedback on my column, folks. It is always welcome and appreciated.
Citizens for Judicial Fairness Launches Full Scale “BadFellas” Campaign to Expose Chancery Court Corruption and Abuse!
Business Wire
February 21, 2024
Citizens for Judicial Fairness “Bad
Citizens for Judicial Fairness protestors outside of the University of Delaware Weinberg Center for Corporate Governance event on ESG, which featured an all-white panel discussing ESG issues. (Photo: Citizens for Judicial Fairness)
Rampant Court Malfeasance Weakens Justice, Threatens DE Economy
“BadFellas” Campaign Includes Billboard Truck, Direct Mail, and Full-Page Print Advertisement
Billboard Truck Will Circle “Weinberg Center for Corporate Governance” Elite Legal Insiders Event
WILMINGTON, Del., February 21, 2024–(BUSINESS WIRE)–Today, Citizens for Judicial Fairness launched a new campaign, “BadFellas,” to expose Delaware Chancery Court injustices ahead of a University of Delaware Weinberg Center for Corporate Governance event featuring former Chancery Court Chancellor Andre Bouchard. The campaign will call out Bouchard, as well as former Supreme Court Chief Justice Leo Strine and current Chancery Court Chancellor Kathaleen McCormick, as “BadFellas” who are rigging Delaware’s court system and threatening the state’s economy by driving businesses away from DE to incorporate in other states.
The campaign includes a billboard truck that will circle today’s event, a piece of direct mail sent to over 10,000 New Castle County residents, and a full-page print ad in the Delaware News Journal to run later in the week.
Citizens for Judicial Fairness released the following statement about the campaign, “The Chancery Court’s unchecked corruption and naked self-dealing is not just a perverse abuse of justice, it’s metastasized into an existential threat to the state’s economy as big companies incorporate elsewhere to escape the fraud and abuse. The ‘BadFellas’ who run Delaware have spent years putting themselves and their cronies first at the expense of Delaware communities. Legal insiders like Andre Bouchard, Leo Strine, and current Chancery Court Chancellor Kathaleen McCormick seem committed to the infamous line from Goodfellas – ‘F*** You, Pay Me’ – no matter what it means for Delawareans.
“The only way to staunch the bleeding is to enact a popular and comprehensive court reform package that will bring urgently needed diversity, transparency, accountability and fairness to our Judiciary. With a new vacancy coming open on the Chancery Court, we are committed to doing our utmost in the coming months to have a justice of color appointed to the court while continuing our fight for reform and transparency throughout the state’s judicial system.”
Corrupt, senile, and hypocritical President Joe Biden, who is doing his best to destroy America, has again shown his despicable and Socialist agenda by his latest circumnavigation of the Supreme Court’s negation of Biden’s student loan forgiveness plan. Again through an outrageous regulation change, Biden is again offering student loan forgiveness to thousands of dead beat borrowers !!!!
There is no doubt, since Biden is down in the polls with younger voters, this is a political ploy to buy votes! Beyond that, his despicable effort to spend taxpayers money (billions), is acutely unfair to those of us who paid off our student loans and to those working folks (like electricians, plumbers, carpenters, and a multitude of others) who did not go to college and did not borrow money to do so! Why should we have to pay for these people because Biden is trying to buy votes???? This is pure socialism and is just more ill-conceived and poorly planned efforts that will eventually break our country!!
That’s the way I see it. What do you think? As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION Dear Friends,
As more companies leave Delaware – such as TransPerfect did, amid years of abuse from Delaware’s Chancery Court – Delaware Vice Chancellor Travis Laster said that while Delaware’s Chancery Court could block companies from leaving, he noted that it’s an “extreme” measure to stand in their way.
Laster called it extreme and not warranted in the TripAdvisor case, as the story below says, which shows Laster isn’t dumb enough to get his court caught up in such legal quicksand of not letting companies leave if they want.
As I see it, folks, the Chancery Court bullies companies and their directors, while protecting their own, at the expense of company shareholders. Who can blame Elon Musk and other large, successful companies from leaving to incorporate outside of Delaware? Anywhere but Delaware is where companies are much more likely to be treated fairly and not fighting against a crooked Chancery Court, full of cronies looking out for each other, while neglecting company shareholders, which is where their focus should be. That’s why companies are leaving America’s First State, it is quite clear to me.
Please share your feedback on this, folks. It is always welcome and appreciated.
Feb 20 (Reuters) – TripAdvisor can proceed with its planned move to Nevada but shareholders can seek damages, a Delaware judge ruled on Tuesday in a case billionaire Elon Musk highlighted as an attempt to “lock the doors” on firms leaving the state.
Two shareholders had sued directors at TripAdvisor and its parent company last year and asked the court to block the move, claiming it was designed to benefit Greg Maffei, CEO of parent company Liberty TripAdvisor, at their expense.
Delaware Vice Chancellor Travis Laster wrote that while Delaware’s Chancery Court has the power to block companies from reincorporating elsewhere, he called it an “extreme” measure not warranted in the case.
While Laster said the move can go forward, he found that it will be subject to a review for “entire fairness” to shareholders, which he called the “most onerous standard” under Delaware law.
The judge suggested that shareholders may seek damages if TripAdvisor’s stock sinks on its reincorporation.
But the directors can also try to show that Nevada law does not benefit Maffei as shareholders claim, he said.
Attorneys for the shareholders declined to comment. A TripAdvisor spokesperson did not immediately reply to a request for comment.
The carmaker’s CEO has said on social media that companies should leave Delaware, which is home to much of corporate America, “before they lock the doors, as they just did with Tripadvisor.”
OPINION Dear Friends, Kevin O’Leary, known for being a star on Shark Tank on the ABC TV Network, where he’s called “Mr. Wonderful”, has slammed Delaware and rightfully calls it a “Loser State” because of what I view as Chancery Court corruption and Kathaleen McCormick’s cronyistic decision on Elon Musk’s pay package, as you’ll see in the Yahoo story below.
O’Leary says the court’s decision takes Delaware from “the winner state column to the loser state column.”
Elon Musk’s response to the decision: “Never incorporate your company in the state of Delaware.”
I’ve been preaching this in my column for years, folks, and to great criticism from some of you who don’t want to hear anything bad about our beloved state. It’s worth saying that not only have I been shouting about this for years, but TransPerfect led the way out of Delaware after their awful treatment in the Chancery Court. While I’m glad to see Mr. Wonderful and Elon Musk jumping on board, it’s terrible that more companies are being run out of town, so to speak, by the now-worst-in-the-USA Delaware Chancery Court.
What do you think now that so many others are coming around and saying what I’ve been saying? Please send me your feedback on this. It’s welcomed and appreciated. Respectfully Yours, JUDSON Bennett–Coastal Network
‘Loser state’: Kevin O’Leary slams Delaware’s ruling to revoke Elon Musk’s $56B Tesla pay package, says he would ‘never’ incorporate in the state today. Here’s why
Jing Pan
Fri, 16 February 2024, 6:28 am
Elon Musk has taken aim at his latest archnemesis: the state of Delaware.
The bad blood seems to be tied to a recent decision by Chancellor Kathaleen St. J. McCormick, a Delaware judge, who voided Elon Musk’s 2018 $56 billion compensation package from Tesla. McCormick’s ruling deemed this sum “unfathomable” and the process “unfair.”
Musk took to X to share his response to the decision: “Never incorporate your company in the state of Delaware.”
This sentiment found resonance with “Shark Tank” star Kevin O’Leary, who expressed worry the decision could have dire repercussions for the state in a recent interview with Fox Business.
“The traditional place to incorporate was always Delaware because of stable policy. We never had cases like this that questioned the will of directors or compensation of audit committees, and all of a sudden this ruling changes everything,” he said, adding that the court’s decision takes Delaware from “the winner state column to the loser state column.”
Winner or loser?
O’Leary expanded on his characterization of the “loser state column,” listing states that, in his view, share this designation.
“Other loser states like New York, New Jersey, Massachusetts, Minnesota, Michigan, California — those are loser states where you avoid putting money to work or doing anything corporately, because their policy is very unstable,” he said.
He expressed his astonishment at Delaware’s inclusion on this list, stating, “I would have never thought this would happen in Delaware, but I would never today incorporate in Delaware.”
Why did Musk choose Delaware in the first place?
O’Leary’s criticisms aside, Delaware has long been a preferred location for the incorporation of America’s corporations. According to the state website, more than half of America’s Fortune 500 companies are incorporated in Delaware. That’s a remarkable statistic given that Delaware is the second-smallest state in the U.S. by area and ranks as the sixth least populous.
The state highlights several advantages for corporations, including the ease of incorporation, a business-friendly environment, swift services from the Secretary of State’s office, and boasts that its Court of Chancery is known for its ability to “issue timely decisions on complex corporate matters.”
Following the court’s decision, Musk has taken concrete steps by moving the incorporation of his brain implant company Neuralink from Delaware to Nevada, sharing his reasoning on X: “I recommend incorporating in Nevada or Texas if you prefer shareholders to decide matters.”
Opinion
Dear friends,
In a remarkable and unprecedented decision, NY Judge Arthur Engoron ordered the former President and the Trump Organization to pay over $355 million in damages, and barred Trump “from serving as an officer or director of any New York corporation or other legal entity in New York for a period of three years.”
Folks this action is beyond any legal precedent to my knowledge. When a business or an individual borrows money against real estate, the banks always do their own appraisal accordingly. Trump paid back the loans as agreed and everybody was happy. However, the city of NY has determined arbitrarily and capriciously without evidence that Trump had inflated his property values? There is no fraud and no foul.
What this means is that any individual or business that borrows money from a bank in NY can be prosecuted if the AG and the Courts decide they don’t agree with the arrangement. This is an obvious political witch hunt, creating the explosive trial stemming from New York Attorney General Letitia James’ lawsuit accusing Trump, his two adult sons, his company and top executives of fraudulently inflating Trump’s assets to boost his stated net worth and obtain various financial perks.
James actually campaigned on getting Trump and the corrupt Judge went along. It should be overturned on appeal. The situation is disgraceful.
The day after the decision, Trump opened up a new business, selling Trump Sneakers. It features three different pairs of tennis shoes: a pair of high-tops, a pair of red laceless athletic shoes and a pair of white laceless athletic shoes. The line was sold out within hours and is predicted to make millions.
Only Trump in his unique style would do something like this. I want a pair of his golden high top sneakers. Trump will need the money to pay his legal bills-LOL
As always, your comments are welcome and appreciated.
If anyone was waiting for the other shoe to drop in the upcoming presidential race, former President Donald Trump just did, launching his own line of tennis shoes on Saturday.
“I’ve wanted to do this for a long time,” Trump said when he announced the launch of a sneaker line at Sneaker Con in Philadelphia.
“I have some incredible people that work with me on things and they came up with this … and I think it’s gonna be a big success,” he added.
In his brief remarks at the sneaker launch, Trump indicated the line could be an effort to reach out to younger supporters, saying, “We’re going to turn this country around fast. We’re going to turn it around. And we’re going to remember the young people, and we’re going to remember Sneaker Con.”
He was met with a mostly enthusiastic crowd, though some occasional boos permeated through the cheers.
The line, called Trump Sneakers, is available for preorder online.
It features three different pairs of tennis shoes: a pair of high-tops, a pair of red laceless athletic shoes and a pair of white laceless athletic shoes.
The high-tops, which are gold and emblazoned with a “T” on the outside of each shoe, are called the “Never Surrender High Top Sneaker” and are priced at $399 online. The athletic shoes, which feature a “T” and the number 45 on the sides are priced at $199.
The purchase of a pair of sneakers comes with extra laces and a Trump “superhero charm.”
The website selling the sneakers also features a “Victory47” perfume and cologne for sal“““““““““ “““““““““““““““““““““““““““““““““““““““““““` e at $99 each.
The sneakers, perfume and cologne sales have nothing to do with Trump’s presidential campaign or the Trump Organization. The former president’s name, image and likeness have been licensed to CIC Ventures LLC to sell the sneakers.
President Joe Biden’s re-election campaign mocked the sneaker launch, with communications director Michael Tyler saying, “Donald Trump showing up to hawk bootleg Off-Whites is the closest he’ll get to any Air Force Ones ever again for the rest of his life.”
The announcement comes less than 24 hours after Trump incurred a more than $350 million penalty for engaging in repeated financial fraud through his family corporation. Trump has said he intends to appeal the order.
This isn’t Trump’s first time licensing his name, image and likeness to sell products. In 2022 and 2023, he struck a licensing agreement to sell NFT trading cards. Those cards were produced and sold by NFT INT LLC, which had a licensing agreement with Trump to use his name and image.Donald Trump introduced his new line of signature shoes at Sneaker Con.Chip Somodevilla / Getty Images
Sneaker Con, the venue where Trump debuted the sneaker collection, is an event that started in 2009 and has become one of the premiere events within the broader sneaker culture that has exploded in recent decades.
With the rise of sneaker culture, signature shoes have moved beyond athletes to musicians, actors and more. Some politicians are now thought of as “sneakerheads,” which is slang for people who tend to rock particularly desirable sneakers. Rep. Jared Moskowitz, D-Fla., reportedly has somewhere in the neighborhood of 150 pairs of collectible sneakers.
Sneakers directly associated with politicians are rare. There are a pair of Nikes designed for former President Barack Obama, but only a couple of pairs are known to exist, and Under Armour made a pair for him with the presidential logo that Steph Curry wore for a game.
OPINION
Dear Friends,
This is the most insightful thing that I’ve read about what’s going on with Elon Musk and Chancery Court Chancellor Kathaleen McCormick. Phil Shawe, in his public analysis, has in my view, this call spot on. This is Delaware protecting its own. Kathaleen McCormick once again, circling the wagons, protecting her own people. Could it be Corruption and Cronyism with capital Cs, folks?!
McCormick is going after Elon Musk’s pay package of millions and voiding his contract, which is unprecedented, because Musk is going after the $90 million cash grab by McCormick’s Delaware court pal Leo Strine. When you look at her rulings through the lens of protecting Leo Strine, they sadly make sense. Her corrupt actions can only be explained, in my opinion, by viewing these two cases together.
See below and let me know what you think. Your feedback is always welcome and appreciated. Respectfully Yours,
McCormick’s ruling on Musk’s comp is simple: payback.
Former Chief Justice and Chancellor Leo Strine represented old Twitter and did a $90 MILLION cash grab set up with Twitter’s outgoing management—for just a few week’s work on the sale.
Musk took over Twitter, saw the egregious payments, and appropriately sued Strine’s law firm in CA.
Judge McCormick’s ruling on Musk’s Tesla comp is blatant retaliation—for Musk going after Leo Strine’s $90 million cash grab.
It’s the Delaware legal community circling the wagons—to protect the antiquated Chancery system.
Opinion
Dear Friends,
Please check out the story below. Elon Musk says corporations should get out of Delaware. The Delaware Chancery Court strikes again with absurd rulings. The CEO of TransPerfect agrees. Read the story and send me your thoughts on this development.
Delaware is dangerous for corporate America’: CEO who battled state’s ‘archaic’ Chancery Court for a decade backs Elon Musk’s vow to leave and says ALL companies should move
TransPerfect CEO Phil Shawe is a longstanding critic of Delaware’s court
Court ordered his company to be sold after a legal dispute with the co-founder
PUBLISHED: 09:12 EST, 11 February 2024 | UPDATED: 09:16 EST, 11 February 2024
“Few businessmen understand the arcane details of Delaware‘s Chancery Court system like Phil Shawe, the CEO of translation and language services firm TransPerfect.
Musk responded by vowing to hold a shareholder vote to move Tesla‘s incorporation to Texas, where the company has its physical headquarters, fuming in a post on X: ‘Never incorporate your company in the state of Delaware.’
Shawe, who reincorporated TransPerfect in Nevada after facing his own infamous court decision in Delaware, told DailyMail.com in a recent phone interview that he agrees with Musk, and believes no business is wise to remain in the Blue Hen State.
‘I was taught in business school that a Delaware corporation was the gold standard, but I think that’s changing,’ said Shawe. ‘This is a really archaic system that is dangerous for corporate America.’ “
Although it sounds like something from the pages of a Charles Dickens novel, Delaware’s Chancery Court long played a role in attracting businesses to the state, with the promise of speedy resolution for complex business disputes.
Originally, New Jersey was known as America’s top corporate haven, thanks to laws in the state that limited the liability of officers and directors.
In the early 20th century, New Jersey repealed those protections, and companies fled to Delaware, which was one of the few other states at the time that allowed corporations to form without a special act of the legislature.
Ever since, Delaware has reigned supreme as the destination for incorporation, with two-thirds of the Fortune 500 filing there, in part due to the appeal of its specialized commercial litigation system.
Delaware’s Chancery Court does not use juries, and the judges who decide its cases, known as chancellors, have typically spent their entire careers in corporate litigation.
Few other states have a separate court system devoted specifically to equity law, meaning that complex shareholder lawsuits could end up in front of judges who hear all manner of cases, and be decided by juries of laypersons.
Corporations and their executives tend to find reassurance in Delaware’s well-developed body of case law, which offers guidance as to what actions and decisions will hold up against lawsuits.
But Shawe argues that an apparent feature of Delaware’s system is actually a bug.
‘In reality, having all that case law just gives the chancellor a broad brush to do whatever they want,’ he said.
‘They’ll tell a legal clerk, “Go find me a case that supports this position.” And because they have a large body of case law they can pretty much do whatever they want.’
n 1992, when he was just 23, Shawe quit his job in banking to co-found TransPerfect with his former New York University classmate Elizabeth Elting.
Business boomed, and the company grew to become one of the largest language services firms in the world. But over time, the two founders had a falling out, and Elting sought an exit.
The problem was that each of the two co-founders effectively controlled 50 percent of the privately held company, giving neither side the upper hand in negotiating a buyout.
Elting rejected Shawe’s offer of $300 million for her half and in 2014 she sued in New York state court. That suit was quickly tossed by a judge, who urged the parties to settle the matter privately.
She then filed in Delaware Chancery Court, where the chancellor made a surprising ruling: the profitable, growing business would be seized by the court and auctioned off.
‘It was really sort of bananas and it really was upsetting to our employees,’ said Shawe. ‘It was an unprecedented ruling to take over a private, profitable company — not a company in bankruptcy — and put a receiver or custodian in, and allow them free rein of the finances of the company.’
After years of challenges to the ruling, Shawe was the successful bidder in the public auction in 2017, and effectively paid $385 million for Elting’s shares to become the sole owner. (Elting did not respond to a request for comment for this article.)
Shawe estimates that, all told, the four-year saga cost the parties and the company about $260 million in legal fees and court costs.
‘That’s a large number. A quite a large wealth transfer, or tax that went from us to the pockets of Delaware attorneys,’ he said.
Shawe argues that Delaware’s Chancery Court suffers from levels of insularity and cronyism that should be red flags to companies who do business there.
‘If you want to win in Delaware, it’s a very small, insular community, and in a community like this, there’s a lot of favor trading,’ he said.
He argues that there is a ‘revolving door’ between the Chancery bench and the handful of major law firms in the state, making relationships more important than the merits of a case.
And unlike in federal court, where judges are assigned at random, Delaware’s head chancellor selects who will hear each case, a system Shawe argues is ripe for abuse.
‘I think the natural tendency, when a government or organization has unchecked power for a long time, you have a lot of systematic problems,’ he said.
Now, the flood of publicity surrounding Musk’s compensation case is putting a spotlight on Delaware’s business court.
The compensation plan in question, which helped make Musk the richest person in the world, consisted entirely of performance-based grants of Tesla stock, which Musk was required to hold for at least five years. Those shares will now be cancelled.
A number of states, including Texas, Georgia, Utah and Wyoming, have recently moved to set up their own designated business courts, in the hopes of attracting corporate refugees from Delaware.
Texas, Musk’s proposed destination for Tesla’s articles of incorporation, passed a law last year creating its own business court, which will launch in September.
OPINION
Dear Friends,
This year’s Super Bowl had it all, with millions bet on the outcome. Being held in Sin City, Las Vegas, presented a different perspective. Halftime with “Oscar” presented an extravaganza with lights and sensational dancing.
Indeed, San Francisco outplayed the Chiefs most of the game, but Kansas City tied it up sending the deal into overtime. Kansas City, with a remarkable play, was able to win in the last 3 seconds.
It was an amazing day as I ate steamed shrimp and crackers, and marveled at the outcome. I’m not surprised how many people watched.
Super Bowl LVIII sets TV ratings record with 123.4M viewers
The longest Super Bowl game also will go down as the most-watched program in television history.
According to Nielsen and Adobe Analytics, the Kansas City Chiefs‘ 25-22 overtime victoryversus the San Francisco 49ers on Sunday averaged 123.4 million viewers across television and streaming platforms. That shattered last year’s mark of 115.1 million for Kansas City’s last-play victory over the Philadelphia Eagles with a 7% increase.
The game was televised by CBS, Nickelodeon and Univision and streamed on Paramount+ as well as the NFL’s digital platforms.
Nielsen also said a record 202.4 million watched at least part of the game across all networks, a 10% jump over last year’s figure of 183.6 million.
The CBS broadcast averaged 120 million. The network’s previous mark for its most-watched Super Bowl was 112.34 million for the 2016 game between the Denver Broncos and the Carolina Panthers.
Some of the increase can be attributed to a change in the way viewers are counted. Nielsen began including out-of-home viewers in its ratings in 2020, but only from limited markets. That measurement expanded to all 50 states beginning this year.
Sunday’s game was only the second of the 58 Super Bowls to go to overtime. The previous one was in 2017, when the New England Patriots rallied from a 28-3 deficit to beat the Atlanta Falcons 34-28.
“I was managing my expectations, but I had a bit of hope that it would happen,” CBS Sports chairman Sean McManus said of Sunday’s overtime session, which was set up when San Francisco kicker Jake Moody had an extra point blocked in the fourth quarter that kept it a three-point game. “I can’t imagine a Super Bowl any better or more exciting than this.”
Kansas City sent it to overtime on Harrison Butker‘s field goal. After the 49ers kicked a field goal on the opening possession of OT, the Chiefs won when Patrick Mahomes threw a 3-yard touchdown pass to Mecole Hardman.
This Super Bowl had the added attraction of Taylor Swift in attendance. The pop superstar is dating Chiefs tight end Travis Kelce, a romance that has brought new fans to the NFL.
It was the second straight year the Super Bowl averaged more than 100 million viewers after a period where four of the five games before 2023 had fallen short of that number because of cord-cutting. That included 95.2 million for the 2021 Super Bowl between the Chiefs and the Tampa Bay Buccaneers, which was the big game’s lowest TV-only average since 2007.
Univision averaged more than 2.2 million viewers, the highest Super Bowl viewership on record for a Spanish-language network. The Super Bowl has been televised in Spanish in the United States since 2014.
The NFL playoffs averaged 38.5 million viewers during the first three weekends, a 9% increase over last year. That followed a regular season that averaged 17.9 million, tied for the second highest since averages were first tracked in 1995.
OPINION
Dear friends,
The double standard in our politics is rampant with Republicans being prosecuted while Democrats escape the same consideration. Trump was indicted for collecting classified documents at Mar-A-Lago — carefully storing them in a locked room, guarded by Secret Service Agents, even though as a former President he was entitled under the Presidential Powers Act.
Meanwhile Biden illegally removed sensitive documents — carelessly in his garage near his Corvette! The FBI and Department of Justice were clearly weaponized against Biden’s political opponent, Donald Trump, who leads the nation in the polls. Biden was given a definite pass!
Interesting, while Trump faces prosecution and possible jail, the special prosecutor, who declined to charge Biden for the same potential crime, stated in a written, un-redacted statement, words to the effect, “Biden, although clearly guilty of wrongfully taking classified documents, should not be prosecuted because he was an old man who had considerable loss of memory and would not be qualified to stand trial.” Wow, yet he can remain President of the United States??
Biden was so annoyed and angry about the devastating finding and he decided to address the country about it. Mumbling and bumbling, Biden insisted, in an unprecedented, plethora of hard to distinguish sentences, “that his memory was fine and he had saved the country.”
Indeed nothing was further from the truth, as he was bombarded with questions from the Press, showing his incompetence, while calling the President of Egypt the President of Mexico!
Folks, there is no doubt that Biden is severely compromised.
Indeed, Biden’s campaign and election possibilities took a huge hit, while the White House is scrambling to explain his mistakes and memory difficulties. This is the man that has his hand on the nuclear button! Frightening!
That is the way I see it, what do you think? As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Never in my lifetime, especially as I grow into my golden years, have I seen my country deteriorate to the point it has, because of the despicable and incompetent leadership of President Joe Biden. Everything he has done is wrong and based on corruption and lies.
Folks, when millions of undocumented, un-vetted illegals from all over the world are able to walk in our country bringing horrendous disease, drugs, and crime with them, including terrorists who want to hurt us, is without a doubt a crime being committed by Joe Biden. His orders are in direct violation of our laws and are paramount to treason. The border situation is costing the American taxpayers billions of dollars!! When illegal aliens can beat up NYC police officers with impunity, something is radically wrong!
Biden’s phony Green New Deal agenda is fallacious beyond reason and is designed to institute government control over our lives. His reluctance to implement nuclear energy, natural gas, clean coal plants, and clean refineries, shows his acute ignorance. We need petroleum for all our energy needs and Biden’s attempt at the destruction of our oil industry is absurd. When windmills and solar energy are so well defined that they can replace our current system, then it is reasonable, but that is years away if ever. Biden took us from being the world’s number one exporter of oil to being dependent on foreign oil. Biden has also depleted most of our oil reserves!
I have never seen a weaker President in regard to foreign affairs. It appears that Biden is compromised by China, Ukraine, and Iran! His withdrawal from Afghanistan was outrageous. The influence peddling is frightening and beyond anything in US history!
Folks, Biden and his outrageous policies have got to go. VOTE HIM OUT!
As always, your comments are welcome and appreciated.
I am happy and honored to support my good friend Kim Stevenson (R) from the Lewes area who is running for the 6th State Senatorial District seat, once held by Ernie Lopez, now occupied by Russ Huxtable (D) who apparently is a typical woke policy type who has done nothing.
Kim has served on the Sussex County Planning and Zoning and done an excellent job, I know Kim to be extremely intelligent, ethical, and dedicated to doing the right thing. The democrat administration in Delaware wants to control everybody’s lives. Did you know if your child wants a sex change and you object, they can take your child away from you! This has got to stop and Kim will work to maintain your freedoms in all areas. I believe she has an excellent chance of being elected.
Here is a short bio of Kim’s accomplishments:
Kim Hoey Stevenson believes that the role of government is not to pick winners and losers, but to level the playing field for everyone. As the former vice-chair of both Sussex County and Milford Planning and Zoning Commissions, she was known for her research based stances and not being afraid to stand up, and often alone, for important issues.
She is an award winning writer and journalist and a 2023 Delaware Division of the Arts Emerging Artist for Literature: Fiction. As a journalist she has written for Reuters, Gannett, the Associated Press, PARADE Magazine and Delaware Beach Life. Her writing and personal travel have taken her around the world. Most notably, she was in Somalia during Operation Restore Hope to cover the changeover from US to United Nations forces and what Delawareans were doing as part of those efforts.
A graduate of Wake Forest University, Kim used her degree in psychology to help co-author the book, “Overcoming Misfortune: Children Who Beat the Odds,” a book that explored the positive side of psychology.
As a member of American Mothers, Inc, Kim is an active member of the United Nations Commission on the Status of Women, the principal global intergovernmental body exclusively dedicated to the promotion of gender equality and the empowerment of women on a global basis. In 2023, she was part of a panel discussion on parenting in the age of electronics.
Kim lives in Lewes with her husband and daughter where she volunteers with her church, the League of Women Voters. They have six grown children and 19 grandchildren. She enjoys writing, cooking, knitting, painting and reading — when she gets a chance.
A Protest against Register of Wills Greg Fuller, who is also Chairman of the Board of “Home of the Brave” as to his controversial handling of the staff and occupants of this noble institution is, according to my reliable information, going to happen next week in Sussex County, Delaware! Fuller, accused of bullying tactics by staff and occupants, has gotten the attention of local groups who want Fuller’s resignation. Fuller apparently has no intention of leaving, and the plot thickens!
Please stay tuned and I will provide more information as it comes in.
The company once weighed-down by the Chancery Court and its cronyistic-ways — with Andre Bouchard and Leo Strine calling the shots, appointing their buddies like Robert Pincus — continues to thrive. See the Slator story below TransPerfect has been growing and is now stronger than ever, folks!
I’m glad to see the good people there thriving even as millions have been swiped away from their employees and fattening wallets of so many cronies and those in power in Delaware’s Chancery Court. Good riddance to Bouchard, Strine and Pincus! Please send your feedback on this, folks. It’s always welcome and appreciated.
TransPerfect Posts Record USD 1.2 Billion Revenues in 2023, Appoints Co-CEO
Global language services and technology provider TransPerfect, headquartered in the US, reported 2023 revenues of USD 1.2bn on January 28, 2024. The figure represents a 3% increase over 2022’s USD 1.16bn. The Super Agency first hit the USD billion mark in 2021, the first language services provider (LSP) to do so.
TransPerfect has had sustained growth for over three decades and has taken the top spot in the list of the world’s largest LSPs by revenues since Slator first published the Language Services Provider Index (LSPI) in 2018.
Co-founder, President, and, now, Co-CEO, Phil Shawe, told Slator that many of the company’s technology groups experienced organic growth, including GlobalLink, DataForce AI solutions, and Trial Interactive eClinical technology. The TransPerfect Legal division also grew by approximately 15%, as did the TransPerfect Connect contact center and over-the-phone interpretation division.
Shawe also shared that there was an overall increase in demand for multilingual content volume, and the company also saw growth in government clients. “However, because we pass on much of the savings from AI usage to our customers, the net result was slower growth in top-line revenues for our traditional services divisions,” he added.
Slator was also told directly that the company’s focus on AI and machine learning yielded a USD 30m increase in revenues. “We expect that Generative AI and Large Language Models (LLMs) will continue to reshape the industry, and our R&D spend and company focus is high in this area,” commented Shawe.
Investment in AI technology R&D and prioritizing AI in management has also enabled the company to offer consultative services for many clients who wish to integrate generative AI into their own businesses, according to Shawe.
TransPerfect also expects to see continued growth in the legal sector, with several large contracts in place as Q1 2024 begins, and also in media localization, with demand increasing for subtitling and dubbing, and new studios in the company’s Pune, India offices.
Expanded Offerings
Shawed explained that TransPerfect’s AI offerings in the media space are also becoming a significant differentiator for the LSP, and the expectation is to see strong growth in 2024 for services and the GlobalLink Media technology platforms, including BeHive and a new offering called GlobalLink TV.
The company also has several AI-driven SaaS products under development and launched GlobalLink Share, a file-sharing service. Shawe expects new developments and enhancements to the GlobalLink technology suite in 2024, including to the workflow, productivity, and website localization areas.
“AI is enabling businesses to translate larger volumes of content cost-effectively, but increased volume also means increased language assets to manage and increased complexity — and this is where workflow systems like GlobalLink, and their proper implementation, become even more important. Organizations are being tasked to do more with less. GlobalLink delivers both greater productivity and greater business intelligence—two concepts that gain immediate traction with today’s translation stakeholders.” — Phil Shawe, TransPerfect Co-CEO
In the legal space, Shawe added that TransPerfect is about to launch an online platform called “Reef Review,” a document hosting and review platform which he says has the potential to disrupt the way law firms currently conduct document review.
Hiring and Sharing the Helm
Phil Shawe explained that as AI permeates other areas of the company’s workflows and more routine duties are automated, team members can now do more in less time. But the company is expanding its human capital as well, with 111 openings listed just on the job site Indeed as this article is published.
Also at publication time, Slator learned that Shawe will be sharing the top company spot as co-CEO along with Jin Lee. Lee has worked at the LSP for over two decades and has held the title of Senior Vice President for Global Production at the company.
OPINION
Dear Friends,
The outrageous, political harassment and totalitarian weaponization of state and federal Departments of Justice against Donald Trump in their obvious collusion with Joe Biden is unprecedented. These despicable and unethical attempts to criminalize Trump’s various post -election actions including his collection of documents (which he claims were declassified) resulting in the raid at Mar A Lago, the Jan 6th fiasco at the Capitol, and the insipid lawsuit in New York to find Trump and his organization liable for elevating the value of his properties, when the banks approved the evaluations and the loans were paid back, are beyond anything in the past. This is total crap folks and if Trump is found guilty and liable, I predict these allegations will ultimately be overturned by the US Supreme Court!
Additionally, the suspicious indictments against Donald Trump in Georgia by the seemingly corrupt, in my view, Fulton County District Attorney– Fani T. Willis, who had several documented meetings with Biden in the White House prior to the Trump indictments, raises definite possibilities of collusion. Furthermore, there are accusations that Ms. Willis had a romantic relationship with Nathan J. Wade, the special prosecutor she hired to prosecute Trump. Wade is being paid an extremely high salary ($250 per hour), and interestingly, a few cruises were taken by the couple, apparently spending large sums of money?? Wade has no experience prosecuting this kind of case. Furthermore, lawyers for former President Donald J. Trump on Thursday joined an effort by other defendants to disqualify Fani T. Willis from leading the election interference case against Mr. Trump in Georgia, on the grounds that she created a conflict of interest by hiring her romantic partner to help prosecute the case.
Another angle that Mr. Trump’s lawyers are raising are a new argument for ousting Ms. Willis, the Fulton County district attorney: That she violated state bar rules when she claimed in a recent speech at an Atlanta church that racism was behind the effort to remove her. Ms. Willis, who is Black, gave a speech in which she suggested that her critics were “playing the race card” by criticizing her hiring of the special prosecutor, Nathan J. Wade, who is also Black and her possible lover, from what I’ve read. Willis has not denied the romantic involvement. Prosecutors in Georgia are required by the bar to “refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.” This according to Trump’s lawyers could definitely prejudice the case with potential jury picks and decisions by them??
To further exacerbate Trump’s controversial problems, writer E. Jean Carroll, who accused Trump of sexual molestation in a store many years ago, was awarded $5 million dollars for that suspicious accusation in a, she said/he said dispute in which the jury went against Trump. To make matters worse for the “Donald” – afterwards he publicly called Carroll’s sexual allegations a lie and she sued him for defamation. This time the jury awarded Carroll a ridiculous and unprecedented sum of 83.3 million dollars!! Again like the other cases, I predict this will also be overturned by the Supreme Court.
Folks, in my opinion, the odious, despicable hatred by the liberal democrats of Trump, the wrongful prosecutions and designed indictments against him, instigated directly by the Feds and Democrat State prosecutors, but also in collusion with President Biden–in his totalitarian, extremely corrupt administration, are indeed frightening to this dedicated political pundit.
Regardless of all of these outrageous situations, Trump keeps rising in the polls, beating Biden in every state. There is no doubt in my mind that Trump will be the Republican nominee for President of the United States? If he is elected President and also convicted and sentenced to prison, what happens then? Will the Secret Service go to jail with him?
I have never seen anything like these events in my lifetime. The Democrats, led in my view, by the most corrupt and hypocritical President in US history, Joe Biden, are compromising our values and doing their best to create a banana republic. Folks, if these unethical monsters can do this to a former President of the United States, they can do it to you!!!! YOU should be alarmed like never before!
Folks, as vociferous and loquacious as Donald Trump is with his huge ego, he is ten-thousand times more effective, more efficient, and more intelligent than Biden was or ever will be! Unlike Biden, TRUMP will guarantee your freedoms, he will fix the border, he will reduce crime, he will stop sanctuary cities, he will lower gas prices, he will reduce inflation, he will lower taxes, and he will operate our foreign affairs and national security properly. If Trump is elected, American prosperity will rise to fabulous heights. If Biden is reelected, America will be lost and you will see economic devastation and continuing constitutional violations that will make 1929 look like a picnic! We could also end up in World war 3 as China, Russia, Iran, and North Korea recognize Biden’s absolute weakness or perhaps treasonous collusion with various influence peddling schemes operated by son Hunter with Biden’s involvement! Remember 10% for the BIG Guy on the “Lap Top From Hell”. God help us!
So be it–that is the way I see it, what do you think? As always, your comments are welcome and appreciated.
Constitutional Crisis – Texas Fights To Secure Its Border From Illegal Alien Invasion, As Biden Fights to Keep the Border Wide Open!!
Dear Friends,
As over 302,000 illegal aliens crossed the Southern Border into Texas in the month of December alone, making it over 8 million invaders that are destroying our country. The situation is being totally created and facilitated by President Joe Biden. Indeed, it is unprecedented! Murderers, violent criminals, drug dealers, sex traffickers, and terrorists are among the millions that are pouring into our country from all over the world, costing American taxpayers billions of dollars and putting our national security at risk!
Texas, which is being overwhelmed more than any other state by illegal invaders. Texas Governor Greg Abbott decided — since the Federal government under Biden’s direct orders, is failing to protect Texas from the unprecedented onslaught of illegal aliens, creating horrible dangers and havoc for the people of the Lone Star State — to take special action to help curtail this abomination.
Putting miles of barbed, razor wire along the border and taking over the park at Eagle Pass, which was previously used by the Feds to house thousands of illegal immigrants, Texas Governor Abbott has deployed his National Guard along with the State police to prevent any more access to the area. Interestingly, the Supreme Court has ruled that the Feds can remove the barbed wire. However, the Court did not say that Texas could simply put more barbed-wire back in position if the Feds remove it? Although designated as the “The Lone Star State”, Texas is not alone, as 30 other states have pledged assistance with supplies and additional national guard units.
The rub is Biden could nationalize the National Guard Units, ordering them to override all of Texas’ efforts. This indeed could cause a severe constitutional crisis!
Folks, the Constitution is clear: Section IV Article 4 says the federal government “shall protect each of the states against invasion, when the federal government fails to fulfill this constitutional duty.” Article 1 Section 10 expressly “guarantees states the sovereign power to repel an invasion and defend their citizenry from overwhelming and “imminent danger.” This resolution affirms that states don’t have to be passive victims of the Biden Administration’s border security failures; rather, they can and should exercise their sovereign, constitutional right to defend themselves and their citizens.
This is a political bombshell. A possible civil war, at least in the technical sense between Texas and the United States government, is indeed possible?
All this being said, it is apparent that the Democrats want open borders and the Republicans want national security and a controlled Southern border. Let us look to Texas and its fight to protect its citizens.
What do you think? As always your comments are welcome and appreciated.
Respectfully submitted,
JUDSON Bennett–Coastal Network
OPINION
Dear Friends,
I usually try to stay out of local politics, however this Sussex County, Delaware story about Sussex County Register of Wills, Greg Fuller needs further examination, in my opinion.
Greg Fuller, a lifetime Democrat and liberal, who switched parties and was ironically supported, out of internal conflict, in my view, by the Sussex Republican party and remarkably elected, in a contentious primary, is now under attack?
When elected, the first thing he did, in my opinion, was to wrongfully and spitefully fire the most senior and most competent employee in the Sussex Register of Wills Office ( a person directly responsible for upgrading and computerizing the whole operation), who was hired in 2011 by Cindy Green, the former elected Register of Wills. Is this the apparent character of Greg Fuller ?
That being said, the rumors I am hearing is that this important Sussex County office, since Fuller was sworn in, is now in complete disarray? Check it out?
Now Fuller, Chairman of the Local “Home of the Brave,” a Veteran’s Home in Milford, Delaware is under scrutiny for being a bully, forcing people to quit, and creating chaos in this righteous establishment? The Cape Gazette, a local Lewes, Delaware newspaper picked up the story which I have published below. I will let the story in the Cape Gazette speak for itself and you decide?
Please read the story below and let me know what you think?
Executive director quits, board member out at Home of the Brave
Board Chair Fuller at center of internal chaos
The executive director of Home of the Brave resigned Dec. 18, four days after the board voted to remove one of its members. BILL SHULL PHOTO
Bill Shull
December 22, 2023
Home of the Brave is currently housing 19 homeless veterans and two dependent children at its campus in Milford. The organization’s new community center is on the left. BILL SHULL PHOTO
At a recent check presentation are (l-r) former Executive Director Heather Travitz, board member Dallas Wingate, Charles Landon, commandant, Marine Corps League Detachment 704, board Chair Greg Fuller and former treasurer and board member Carl Phelps. ESTHER FULLER PHOTO
Shown at the organization’s 30th anniversary event are (l-r) former Home of the Brave Executive Director Heather Travitz, SMSgt. Carrie Dupuie of the 166th Airlift Wing and former Home of the Brave board Chair Tina Washington. PHOTO COURTESY HEATHER TRAVITZ
The executive director of Home of the Brave, a shelter for homeless veterans in Milford, resigned and a board member was removed just days before Christmas, following an independent investigation into the nonprofit. Their departures are the latest in a mass exodus of the organization’s leadership, and months of internal chaos.
Board Chair Greg Fuller said he cannot reveal the findings of the investigation, but there is still more to look into.
The investigation was launched after an employee accused now former Executive Director Heather Travitz of sexual harassment involving a shelter resident.
Former board member Tina Washington said the male resident never produced any evidence to support his claims.
In her resignation letter Dec. 18, Travitz cited a “prevailing hostile work environment” as a reason for her departure. She said Fuller is responsible for promoting that negative atmosphere.
“He’s a bully. He has to be stopped,” Travitz said.
She said she resigned on her own because she was sure the board was going to fire her.
Travitz was hired in May 2022. She claims Fuller did not want to hire her in the first place because she is not a veteran and is a woman. Fuller is a veteran and the elected Sussex County register of wills.
“There was no doubt Heather was the best candidate,” Washington said.
Before she quit, Travitz made accusations against Fuller that include harassment, inappropriate behavior and being dismissive of pornography on an office computer.
Travitz said Fuller also tried to hire his brother in direct disregard for Home of the Brave’s nepotism policy.
The accusations were included in a letter sent to more than two dozen people in November, including top officials at the Veterans Administration in Delaware and Washington, D.C., and local elected officials.
Washington and three other former board members signed the document in support of Travitz.
Travitz has filed a formal complaint with the Equal Employment Opportunity Commission. She said she expects to have a hearing in January.
Fuller denies all of the allegations and said he is, in fact, cleaning up Home of the Brave, after a year-and-a-half of internal chaos.
“I’m not going to turn a blind eye to the crookedness,” Fuller said. “I’m not going to defend baseless accusations.”
Fuller is now serving as interim executive director as well as continuing as board chair.
According to Fuller, the independent investigation was launched after a meeting with the Veterans Administration in July. He said the VA blindsided the organization with a list of concerns it wanted to have resolved.
Fuller said the VA recommended, but did not order, the investigation.
He said the Coastal Investigation Agency, run by former New York City police officer Frank Luizzi, was paid $3,000 to conduct the probe. Fuller said the money came from Home of the Brave’s general operating account and was not money used for veterans services.
Travitz’s allegations state that there was no signed contract, scope of work or any documentation of allegations given to the board.
Home of the Brave has a Grant Per Diem contract with the VA. That means the organization gets paid for each veteran who is living at the shelter.
Under terms of that contract, the organization is required to staff certain positions to manage and oversee the facility.
Washington said Home of the Brave is technically now not in compliance because some of those positions are unfilled.
The VA does not have any oversight of Home of the Brave employees.
A VA spokesperson confirmed they received the letter, but said, “We must refer you to Home of the Brave as we do not comment on activities within outside agencies”.
Fuller said he is working to fill five open positions, but hiring has been impacted by the independent investigation.
Travitz said there are currently 14 men, five women and two dependent children living at the shelter. She said there is a waiting list.
Home of the Brave just broke ground in September on a new community center that will have an office, multipurpose space and new facilities for veterans.
Travitz and Fuller say residents are still getting the care and services they need.
But Travitz said they have been impacted by the organization being short-staffed.
Travtiz said some residents have started a petition in an effort to have Fuller ousted.
But, Fuller said residents have thanked him for trying to straighten out the dysfunction within the organization.
Impact on board
The internal turmoil has had a major impact on the Home of the Brave board of directors.
The board voted to remove Washington at a meeting Dec. 14. She had been board chair before Fuller. She was not at the meeting, but the board sent her a letter Dec. 19 stating she had been removed “as the result of an independent official investigation.”
Washington said she has not been told what specific accusations were made against her.
She said she witnessed many of the allegations Travitz has made against Fuller.
“Mr. Fuller was elected [board chair] two months ago and life has been hell at Home of the Brave since then,” Washington said.
Washington is one of four board members to either be removed or resign on their own in the last few months.
Janet Sansone left in October, followed by Rene Flores.
Carl Phelps, who was board treasurer, was removed after a verbal altercation with Fuller during a meeting.
Sansone joined the board in July. She has a long background as a corporate vice president of human resources and has sat on company, university and nonprofit boards.
She said she was shocked by the internal workings of Home of the Brave.
“[Fuller] was harassing employees and had a disregard for bylaws and policies,” Sansone said. “His actions were inappropriate for a board member, let alone a board chair.”
Fuller said he was supposed to leave the board at the end of the year, but has agreed to stay until June 2025, when Washington’s term would have ended.
“I can’t abandon the cause. I’ll be there every day for the veterans,” Fuller said.
OPINION
Dear Friends,
Seeing no path for a win in New Hampshire, with Trump way ahead in the polls, Florida Governor Ron DeSantis, graciously withdrew from the race for the GOP nod for the Republican candidacy. DeSantis, remarkably endorsed Trump as he departed from the contentious contest.
All things considered, in my view, DeSantis’ departure and endorsement of Trump showed outstanding class, recognition of reality, and love for his country. His realization that Biden must be defeated to save our nation and the importance of the eventual unification of the party in order to win shows me his character.
Furthermore, there is no doubt that the 7% support for DeSantis will now go to Trump, which should create a significant victory over Nikki Haley in the upcoming New Hampshire primary. It appears that Trump is way ahead of Haley in her home state of South Carolina which afterwards should force her to withdraw, as well.
All this being said, Ron DeSantis is an excellent Governor of Florida. Unfortunately for him right now, Trump has a solid 40% Republican base, which regardless of the corrupt and fallacious Democrat prosecutions, seems to only get stronger. I do believe that DeSantis is Presidential material and will definitely have another shot in the future. In the meantime, I look forward to DeSantis keeping Florida free, safe, and prosperous.
Trump should get the sole GOP nod after he wins the New Hampshire and South Carolina primaries and hopefully Nikki Haley will see the light and endorse Trump as did DeSantis and the Republicans can move forward united into the battle for the soul, freedom, and life blood of our nation.
What do you think?
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
I’ve written about the Chancery Court case from earlier this month twice in January. Famous attorney Alan Dershowitz dramatically dropped checks worth $5 million in the courtroom of Chancery Court Chancellor Kathaleen McCormick. A couple of news outlets wrote about this trial, including Delaware Live.
I also wrote about the possibility that the company that’s part of that trial might buy the Delaware News Journal. One media outlet that did not cover the trial was the newspaper of record in Delaware: The Delaware News Journal.
You see the problem here, folks? If that wasn’t news, what was news in Delaware this month? Many stories bigger than this one. Maybe a few, but not many. Yet, not a word from the News Journal.
What is your opinion on this? I would love to hear your feedback on this, folks. Am I seeing ghosts where there aren’t any? Any and all feedback is welcome and always appreciated.
Citizens for Judicial Fairness Urges Scrutiny of Rogue Judicial Actions in Delaware
January 03, 2024 01:56 PM Eastern Standard Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, in light of an upcoming hearing about fees paid by TransPerfect in the Delaware Court of Chancery and reporting that TransPerfect is considering acquiring the Delaware News Journal, Citizens for Judicial Fairness released the following statement:
“Delaware needs robust coverage when there is a lack of government transparency; the media should provide insight for the hard-working Delawareans that don’t have the luxury to monitor the action of the State’s elite leadership. We are encouraged that TransPerfect is considering purchasing the News Journal to begin to shine a light on the unscrupulous nature of Delaware State’s leadership and Court system.
“Hearings like the Chancery’s TransPerfect fees hearing tomorrow will determine whether elite Court insiders will continue to serve themselves with elaborate fees and fines at the expense of workers, or if justice will prevail and companies will be able to operate freely and fairly within the state. We will be watching closely to ensure that Chancery shenanigans do not go unnoticed.
OPINION
Dear Friends,
It appears that all the polls indicating that former President Donald Trump was overwhelmingly ahead in Iowa, were indeed correct as he captured 51% of the caucus vote there. As a result, Vivek Ramaswamy ended his 2024 Republican presidential campaign and endorsed Trump, throwing his 7.5% operation that way, making Trump even more difficult to overcome in future primaries.
Ron DeSantas took 2nd place slightly ahead of Nikki Haley. I believe Trump will capture the New Hampshire and South Carolina primaries, which should force the others out, but egos and stubbornness may keep them in the race. I doubt if Trump would pick either one as his Vice President, when he captures the Republican nomination, which I believe he will, regardless of the fallacious prosecutions being instigated against him by the insidious Biden administration. DeSantis is an excellent Governor of Florida and Hally was an excellent Governor of South Carolina and a very good UN Secretary. In my view, both are Presidential material, but now is not their time. That being said, to avoid further division, I am hopeful they will drop out and endorse Trump as did Ramaswamy. Indeed, I see them as possible Presidents in the future. We will see what happens?
Regardless, Biden and the absurd, extreme Democrats that support him must be defeated or this country will implode. I have never in my life seen a more corrupt and dangerous government that threatens our freedoms and national security.
What do you think? Can Trump win the Presidency again? I am certain he is going to be the Republican candidate!
As always, your comments are welcome and appreciated.
I was happy to see Chris Christie, the corpulent, vociferous, former Governor of NJ, drop out of the Presidential race. The man has absolutely no class and his departing diatribe of Donald Trump was despicable. “People in glass houses should not throw stones.” Remember “BridgeGate?” Ronald Reagan once stated the 11th Commandment, “Thou shalt not speak ill of a fellow Republican”. Frankly, there has been too much of this negative repartee between the candidates in my opinion.
The Southern Border situation has become more and more concerning as millions of illegal aliens from all over the world are being let into our country uninhibited through Biden’s outrageous policies. There are not enough manual labor jobs, such as picking vegetables, grass cutting, etc to support these folks as most of them are uneducated without skills. Those that do have some skills are undercutting Americans by working under the table at a cheaper rate.
These invaders (which is what they are) are given free food, free cloths, free money, free cell phones, free education, free lodging, and free medical treatment all at the American taxpayers expense! It is well over 250 billion dollars a year as our schools and hospitals are being compromised by this illegal migration. Sex trafficking, forced child labor, deadly drug importation, and terrorist activity all caused by President Joe Biden’s intentional operation and run by the Mexican criminal cartels is frightening. The damage Biden’s criminal operation is causing this country is unprecedented and is getting worse by the day!
More to come on Iowa in my next column, folks.
I was disappointed that Joe Flacco was unable to lead the Cleveland Browns to victory in the wild card game against the Houston Texans. As a former University of Delaware star and winner of a Super Bowl, when he played for the Baltimore Ravens, I was hoping to bask in his reflected glory one more time.
January 15th was Martin Luther King’s birthday. It was also my birthday. The country had an official holiday in our honor. LOL — 🙂 :).
As always, your comments are welcome and appreciated. God bless America. “I have been to the mountaintop and mine eyes have seen the glory of the coming of the Lord”, said by Martin Luther King in one of his famous speeches.
Without a doubt in my educated mind, I believe President Joe Biden is the worst President in United States history. He is dishonest, has pathetic judgement, and has clearly violated his oath of office. He is now and has been protected, along with his incorrigible son HunterBiden in my opinion, by a seemingly corruptDelaware US Attorney who intentionally has delayed investigations and criminal prosecutions.
The absurd, fake Green New Deal, the dangerous, premature elimination of our petroleum industry — taking us from the world’s number one exporter to depending on oil from our enemies is all on Joe Biden’s inadequate actions. His near depletion of our oil reserves to pump up and disguise his stupid mistakes was irresponsible and dangerous for our national security. The terrible inflation, the inflated gas and diesel prices are all caused by Biden’s actions.
The Southern border situation, where the border has been intentionally and maliciously opened to the world under the direct orders of President Joe Biden is, in my view, a form of treason. He is clearly violating his oath of office by going against our immigration laws. Millions of un-vetted, undocumented people from all over the world are being released throughout our country, because of Biden’s orders!!! Many carry diseases, carry dangerous drugs, or are terrorists coming here to do us harm. Over 150,000 Americans have died of Fentanyl poisoning, because of Biden’s policies. He should be charged with 2nd degree murder. How can a President of the United States justify the horrendous Mexican Cartels operating and controlling the entire Southern border with impunity???
Biden has sold us out, with the help of son Hunter, through grotesque influence peddling, to Russia, China, Ukraine, and others. The evidence is again overwhelming, especially with the notorious evidence produced on Hunter’s laptop and written about in Miranda Divine’s best seller, the “Laptop from Hell.” Testimony from Hunter’s former business partners also implicate President Joe Biden’s involvement.
Then take a good look at Biden’s disastrous and pathetic withdrawal from Afghanistan, causing the deaths of 13 American servicemen, and the wounding of many others. Also billions of military hardware was left behind, making the Taliban the best equipped terrorist organization in the world.
Folks, I hope our country can get through the next year of this President’s criminal operation, ridiculous policies, and treasonous activities?
Indeed, he is the worst and most incompetent President in United States history. Unfortunately, the Socialist Democrat Party has supported and condoned his operation, while he is being protected by a seeming, suspicious Department of Justice including the FBI leadership? While Trump is being prosecuted by Biden’s banana republic operation, Biden walks free uninhibited?
Trump, with all his problems, looks like a Saint compared to Joe Biden. We must remove Joe Biden—this demon, this abomination from office in the 2024 election and remove as many Democrats as possible in the House and Senate, and remove the insidious, Democrat Mayors whose cities are over – run with crime because of their no-bail policies! The absurdity of Sanctuary Cities and States must be stopped or we will soon have no country. Famous author Ann Coulter was right in her book “Adios America” if Biden’s operation is allowed to continue. There is much more that is horrendous and frightening about Joe Biden, as now his obvious increasing dementia on top of his dishonesty, is clearly apparent.
So be it, that is how I see it. As always your comments are welcome and appreciated whether you agree or disagree, bring it on!
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Famous attorney Alan Dershowitz, who I’ve written about many times in this column as he has helped TranPerfect in their case, made a LARGE “gesture of good faith” in order to resolve the longest-running Chancery Court case after nearly 10 years, Ellen Bardash wrote in her story below in Delaware Business Court Insider.
A decade is far too long for a legal case. Imagine how costly the fees have been. Millions have been wasted! Please send your feedback. It is always welcome and appreciated.
TransPerfect Attorney Offers Payment to End Years-Long Chancery Fee Dispute
Famed attorney Alan Dershowitz, holding what he said was a file folder containing checks, said as a gesture of good faith and an effort to resolve the longest-running Chancery case after nearly 10 years.
January 04, 2024 at 06:12 PM
Ellen Bardash
Attorney Alan Dershowitz said during a Thursday morning hearing before Chancellor Kathaleen St. J. McCormick that TransPerfect Global Inc. is ready to pay the attorney fees it’s been ordered to and put an end to litigation in the Court of Chancery.
Dershowitz, holding what he said was a file folder containing checks, said as a gesture of good faith and an effort to resolve the longest-running Chancery case after nearly 10 years, TransPerfect was willing to hand over the entirety of the money that’s disputed, with the condition that an estimated $441 million earmarked for the federal court be held in escrow.
“It would be a better faith gesture if your client just did what the court has already ordered multiple times,” McCormick said.
The court previously ordered TransPerfect to pay roughly $5 million to compensate the custodian who worked on the sale that’s the root of the original Chancery litigation, former Skadden, Arps, Slate, Meagher & Flom partner Robert Pincus, represented at the hearing by Troutman Pepper Hamilton Sanders partner Doug Herrmann.
Dershowitz said the ask to set aside the remaining funds related to the securities action rather than turning it over with the rest has to do with TransPerfect wanting to preserve its appellate rights, stating it otherwise would be difficult for TransPerfect to claw back any of that money if needed.
“We just want some assurance that that amount of money is not gone forever,” Dershowitz said.
While the parties agreed to the resolution TransPerfect has proposed, no money exchanged hands during the hearing.
McCormick agreed to hold off on considering Pincus’ two undecided motions to sanction TransPerfect for not complying with the earlier orders. Those motions had been scheduled to be addressed during the hearing, but TransPerfect the night before filed an emergency motion in the securities action it’s pursuing against Pincus in the District of Delaware.
If TransPerfect hasn’t paid up properly by the time the federal court resolves the emergency motion, McCormick said, she’ll revisit the allegations of contempt.
“And because your client has admitted to violating multiple orders, it will be an easy, easy motion to decide,” McCormick told Dershowitz.
Herrmann laid out what exactly Pincus is seeking with his third and fourth contempt motions: in addition to just over $5 million for fees accrued between January 2021 and August 2023 and post-judgment interest on that amount, the court is being asked to fine TransPerfect an additional $50,000 each day that the fees remain unpaid.
Herrmann said the fact that four motions have been filed points to a pattern of wrongdoing of an “intentional and willful nature,” arguing that that pattern warrants upping the daily fine from the $30,000 the court imposed when sanctioning TransPerfect in 2021.
“It should be a stiffer sanction than that of just an isolated incident,” he said.
“Truly, Mr. Dershowitz, it is to the point of ludicrous,” McCormick said about TransPerfect’s delayed payment.
OPINION
Dear Friends,
A little missive from me – void of politics – about this football season.
I love football. I played in high school and some at the University of Delaware. What is interesting to me is how it brings people together in support of their respective teams, regardless of politics. I have been a University of Delaware fan most of my life.
The best player, in my opinion, that ever played for Delaware was Joe Flacco! Joseph Vincent Flacco is now the quarterback for the Cleveland Browns. He played college football at Delaware after transferring from Pittsburgh and was drafted by the Baltimore Ravens in the first round of the 2008 NFL draft – where he won a Super Bowl!
Flacco, after an injury, eventually leaving the Baltimore Ravens and able to recuperate, was picked up briefly by the NY Jets. Eventually he was let go and thought his career was over. Then the phone rang and the Cleveland Browns hired Joe Flacco where he has led the team to a remarkable 11 and 5 record and a wild card spot in this year’s playoffs. Flacco has unified the team behind him and has played magnificently. Cleveland fans are ecstatic!
Folks, Joe Flacco’s comeback is really a cool thing and I am touting the Cleveland Browns as the DARK HORSE in the coming playoffs . Wouldn’t it be fun to see him in a Super Bowl again?? He is a great guy and the epitome of what a pro athlete should be like.
That being said, GO CLEVELAND BROWNS—GO JOE FLACCO!
What do you think? As always your comments are welcome and appreciated.
Folks, there are some fun days along the way, doing what I do, and this is one of them! Famous attorney Alan Dershowitz dramatically dropped checks worth $5 million in the courtroom of Chancery Court Chancellor Kathaleen McCormick, who was once Dershowitz’s student at Harvard University.
I’ll keep this short so you can read the Delaware Live story below by Betsy Price. She did a great job capturing the drama of what went on in the court. Quite an entertaining read!
Please send feedback on this. It is always welcome and appreciated.
Alan Dershowitz left $5 million in Chancery Court Thursday
BETSY PRICE JANUARY 4, 2024
Famed lawyer Alan Dershowitz’s lively appearance Thursday in a Delaware Court of Chancery included debating former Harvard student and now Chancellor Kathaleen St. J. McCormick and eventually dropping checks worth nearly $5 million onto the defense table.
It essentially paid in full what TransPerfect Global owes the Chancery Court.
Along the way, the hearing — to decide if Transperfect should be charged with contempt for not paying — meandered into the Clinton Whitewater scandal, Charles Dicken’s “Bleak House,” Joseph Heller’s “Catch 22” and Transperfect’s desire to never be in a Delaware courtroom again.
Dershowitz’s presence came during the latest skirmish in the long-running legal battle between Philip Shawe, owner of transcription company TransPerfect Global, and Robert Pincus, formerly of Skadden, Arps, Slate, Meagher & Flom LLP.
Pincus was appointed by the Chancery Court to oversee the sale of TransPerfect when Shawe and his former co-founder could not agree on a way forward for the company. In that arrangement, TransPerfect was required to pay Pincus’ fees.
After the sale for $770 million to Shawe, Shawe filed suit in federal court, saying that Pincus inflated the cost of the sale. It also battled in Chancery Court, arguing that TransPerfect should not have to pay Pincus’s invoices without knowing how the fees were accounted for.
Thursday’s hearing was focused on TransPerfect’s refusal to comply with two orders from McCormick to pay nearly $5 million in fees to Pincus as well as more than $441,000 to Pincus’s lawyers, represented Thursday by Douglas D. Herrman of Troutman Pepper.
Dershowitz’s appearance comes during a busy week for him.
His name popped up again in documents related to convicted sex trafficker Jeffrey Epstein, whom Dershowitz had represented.
Dershowitz responded with a 31-minute video welcoming the release of the Epstein material and saying it would prove he never did anything wrong. Dershowitz’s wife, Carolyn Cohen, was in the courtroom Thursday.
A former Harvard University law professor, Dershowitz also saw Harvard President Claudine Gay resign this week. She was hit by multiple charges of plagiarism, following a bad showing during Capitol Hill hearings about how Ivy League schools handled student protests after the Oct. 7 Hamas attacks and Israeli invasion of Gaza.
Dershowitz had said he was against Gay remaining president “on the merits.”
On Thursday, after Herman argued that TransPerfect’s avoidance of fulfilling McCormick’s orders must end, Dershowitz took the stand to say he’d brought checks with him that would cover the court’s order, but he wanted certain assurances.
First, though, he told McCormick — who is head of the Chancery Court — he was glad to be back in Delaware. McCormick — who earned her undergraduate degree from Harvard — responded that she once had been a guest at a party at his Harvard home and felt it only fair to welcome him to her home.
Repeatedly during the proceedings, Dershowitz cupped his right hand behind his right ear, tilting it toward the judge, who spoke softly, and said he couldn’t hear her.
Dershowiz said he planned to give Herman two checks, one for nearly $5 million that TransPerfect owed Pincus and one for more than $443,000 to pay lawyer’s fees, which can run $2,000 for top attorneys. But, he stipulated, he wanted Herman to agree to keep that money in escrow, making it easier to claw back if TransPerfect’s federal case goes its way.
Dershowtiz at one point said that Pincus’ attorneys could have sent a first year associate to court to argue the contempt complaint when McCormick stopped him.
“Would you send a first year associate to argue against you,” McCormick asked Dershowitz.
“In this case, yes,” Dershowitz responded.
“I find you to be a credible person,” McCormick said, “but I don’t believe that.”
A few minutes later, Dershowitz told McCormick, “Our goal is, with respect, never again to see Your Honor, never again to enter the state of Delaware, never again to have any dispute with Delaware.”
McCormick told him that he seemed to be arguing points from the original case and not focusing on the contempt charges that were the point of the hearing.
Dershowitz argued that TransPerfect acted to be sure that it was able to appeal the rulings against it, a form of law he referred to as “soft contempt,” which he said stemmed from the Whitewater real estate scandal involving Hillary and Bill Clinton. Someone must be ruled against in order to appeal, according to soft contempt.
Dershowitz, ‘Bleak House,’ ‘Catch 22’
McCormick told Dershowitz that Shawe and TransPerfect paying up would settle the contempt claims, but Dershowitz argued that TransPerfect wanted some assurances that it would get back the $440,000 if it won it’s appeal.
He said the two most applicable court cases were not ones he could cite legally.
One, he said, was the 100-year-case at the heart of the 1852 Charles Dickens novel “Bleak House,” which involved a will that was contested for 117 years and only ended after all the money had been used for legal challenges. That, too, involved a chancellor in Britain’s Chancery Court.
The other was the case at the heart of Joseph Heller’s 1961 novel “Catch 22.” In that case, an Air Force captain argues he’s become insane and unfit to fly missions, only to be told that if he’s smart enough to file that appeal, he can’t be crazy and will have to keep flying.
McCormick told him that a better good faith move would be to simply pay what is owed, and Dershowitz again said he was prepared to do that and waved a blue folder he said was holding the checks.
McCormick told him that the only concession she would give TransPerfect would be to stay sanctions of the contempt order — which included Pincus’s suggestion that TransPerfect should pay $50,000 a day for not responding by deadline to the contempt orders to pay — pending the outcome of a federal motion that TransPerfect had filed Wednesday night.
When Herrman jumped up to say he didn’t know what was in the papers or checks, McCormick told him to take them to his desk and be sure they covered the expenses.
Dershowitz said he wanted the court to understand that his client was not admitting that he was in the wrong.
McCormick responded that her only concession was that she would stay the sanctions but also stay the money they allegedly owe for Pincus’ defense against the federal securities fraud case.
After the court adjourned, Herrman declined to comment.
“I thought we made our point,” Dershowitz said. “It was a special pleasure to appear before a former student who has accomplished great things.”
————
Betsy Price
Betsy Price is a Wilmington freelance writer who has 40 years of experience.
OPINION
Dear Friends,
Look at this story below, from the Citizens for Judicial Fairness, stating that TransPerfect, which has been maligned and mistreated by both Delaware courts and press, in my opinion, is considering buying the newspaper of record in Delaware, the Delaware News Journal!
The Citizens say it well in the story below. Please send me your feedback on this, folks. Potential big news in Delaware!
Citizens for Judicial Fairness Urges Scrutiny of Rogue Judicial Actions in Delaware
January 03, 2024 01:56 PM Eastern Standard Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, in light of an upcoming hearing about fees paid by TransPerfect in the Delaware Court of Chancery and reporting that TransPerfect is considering acquiring the Delaware News Journal, Citizens for Judicial Fairness released the following statement:
“Delaware needs robust coverage when there is a lack of government transparency; the media should provide insight for the hard-working Delawareans that don’t have the luxury to monitor the action of the State’s elite leadership. We are encouraged that TransPerfect is considering purchasing the News Journal to begin to shine a light on the unscrupulous nature of Delaware State’s leadership and Court system.
“Hearings like the Chancery’s TransPerfect fees hearing tomorrow will determine whether elite Court insiders will continue to serve themselves with elaborate fees and fines at the expense of workers, or if justice will prevail and companies will be able to operate freely and fairly within the state. We will be watching closely to ensure that Chancery shenanigans do not go unnoticed.”
OPINION
Dear friends,
HAPPY NEW YEAR TO All!!
As 2024 begins, I am pleased to share some good news about my publications, at least from my perspective. That being said, the purpose of the Coastal Network is to share my opinions about important political issues affecting our country and inequitable situations throughout, including the State of Delaware, where I am from.
Interestingly, Delaware makes 1/3 of its revenue from Incorporations paying fees and franchise taxes. Because of the once famous, non-biased Chancery Court, most major and many minor corporations have incorporated there, including many individual American merchant ships. Unfortunately in my educated view, this prestigious and omnipotent Court has become arbitrary and capricious, seemingly political, and possibly biased with powerful Judges (Chancellors) that have conflicts of interest or political connections that affect their decisions. I am pushing for change through my writings.
The good news is the “Conservative Caucus of Delaware” is going to publish, in its January newsletter (mailed January 2nd), my recent article concerning a land dispute in a high end development at Rehoboth Beach Yacht and Country Club (RBYCC v. Beebe) where a property owner seems to have lost an unprecedented decision over grading in Delaware’s Chancery Court. The many members of the “Conservative Caucus” will now be additionally informed as to possible Chancery Court corruption and biased decisions. The more folks that become interested, the better chance for much needed change.
Furthermore, for several weeks in a row, my articles have topped the Linkedin views and comments on a national level which is quite remarkable.
Former State Senator Colin Bonini recently stated in response to my article the following: “Hey Jud, hope you had a blessed Christmas! For years I tried to tell my former colleagues that Delaware’s position as the premier business destination is really quite fragile. Other states can, and are beginning to, copy what we’ve done. And unless we are incredibly responsive to the needs of the modern global business climate it will simply be a matter of time before we lose our prime position.”
Your comments are always welcome and appreciated. Again Happy New Year Folks – “Beauty is Truth and Truth is Beauty”— Poet John Keats from Ode To a Grecian Urn.
On behalf of the Coastal Network, which reaches thousands of people, I want to wish everyone a very Merry Christmas and a Happy New Year.
In these difficult times with the border wide open, the economy in trouble, and wars raging in the Ukraine and Israel, the situation is overwhelming. The political situation is out of control. That being said, the words “In God We Trust,” which is on our currency, seems to be most important these days.
Happy holidays folks, let us hope this holiday season leads us into the new year with hope and prosperity.
I’ve been preaching here about the depths of corruption in our Chancery Court for nearly a decade. It hasn’t gotten any better, in spite of my warnings. As I see it and as I’ve seen it, the Chancery Court corruption and cronyism under former Chancellor Andre Bouchard and current Chancellor Kathaleen McCormick amounts to the “court-sanctioned looting” you’ll see in the Delaware Business Now piece below.
I’ll keep this short, so you’ll take the time to read the story below from Philip Shawe, CEO and co-founder of TransPerfect, about the hell he has been through as he and his company have fought this corruption. Sadly, their fight continues into 2024.
Please send your feedback. It is always welcome and appreciated.
Guest view: My worst decision – Incorporating in Delaware
By Philip Shawe, CEO and co-founder of TransPerfect
I have been blessed to have the greatest job in the world. It’s the only one I have had since graduating from NYU business school in 1993. A year before that in 1992, I started TransPerfect with my partner as students—our world headquarters was my dorm room. We were completely broke, so we rented a computer, reduced our food bill down to $2 per day with a steady diet of Ramen noodles and depended on Roy Trujillo, our classmate and present-day COO, to bring extra food home from his all-you-can-eat plan. We must have been the most bootstrapped entrepreneurial (ad)venture that ever was—we plowed every dime back into the business.
With respect to technology, our first computer network consisted of tossing a 5-inch floppy disc back and forth like a frisbee. We used an old-school 600 baud modem to transfer files. Our first brochure bragged of our high-tech ability to transfer files with AOL or Compuserve. From the school library, we had the resources to create call lists. During the business day, we called until our fingers couldn’t take it anymore—at night, we would fax materials. One of the sales I remain most proud of was Upjohn Pharmaceuticals, I’d reached the decision-maker and closed a $26,000 translation project over the phone. Quite a rush—and it seemed like all the money in the world back then. When JCPenney expanded into Mexico, they sent out an RFP with a sample translation. My partner and I actually traveled to Mexico City together to make sure the Spanish that we used in our sample matched exactly what department stores were using in Mexico to describe retail items. We aced the translation test, and I went to pitch JCPenney campus north of Dallas. We were awarded the business, and it was apparent we would need a bigger boat.
So why do I have the greatest job in the world? Because it’s always changing—the demands of growth, the requirements of customers, technological change and the risk of obsolescence—31 years later every day is still an adventure, presenting a new set of challenges. Our long tenured senior management team is like my family—which is a good thing because families of 9000 full-time employees around the world now depend on us making correct business decisions—a responsibility we do not take lightly.
The worst business decision I ever made was moving our state of incorporation from New York to Delaware in 2007. I listened blindly to my business school professors, and believed the puffery that Delaware was a business-friendly venue that valued its corporate residents and would fairly protect and balance the interest of owners, directors, officers, and employees. To say that this is incorrect is an understatement of epic proportion.
Many people have heard of the Delaware TransPerfect case, which to outsiders must seem like a decade long albatross—two equally footed and intractable CEO’s—an anomaly based on the litigious nature of the victorious founder and CEO. Nothing could be further from the truth. What the TransPerfect Case actually is, is a cash register for elite law firms in Delaware that graduate their judges to the bench and hire them back when they leave.
We have tried to rid ourselves of the jurisdiction of Chancery since the case was over in 2018, but I have continued to receive bills that no one can explain for $5 million per year, every year. Kathaleen McCormick, the new Chancellor, says if you stop fighting back, well maybe someday I’ll give your appeal rights and the bills will stop. But I have heard tall tales from a Chancellor before, like this one said to my former partner in open court:
“You’d be naive to think that the maximization of your 50 percent interest is this Court’s driving concern. It is not. This is a court of equity, but you should not expect to get a windfall from this Court that you failed to obtain for yourself when you structured your ownership in this enterprise.”
And if I’d taken this Chancellor at his word, I wouldn’t have been prepared for the unprecedented public auction he ordered, and my life’s work would have been flipped to private equity — thousands of workers would have ruthlessly lost their jobs to what Andre Bouchard, Kathaleen McCormick and their PE friends refer to as “synergies.”
There is a public hearing on January 4th, where the court is setting to use its contempt power to force TransPerfect to pay another $5 million—a less charitable way to fairly characterize this vortex in which we are trapped, is “court-sanctioned looting.” My, how times have changed since the dorm room. At one-point TransPerfect couldn’t pay two students enough to eat, but we fought to keep it going.
Now, the Chancery Court has already ordered TransPerfect to pay a Custodian and his law firm Skadden Arps over $53 million, for nothing but the destruction of company and shareholder value. It would have buried a lesser company—but mark my words, the insatiable gullets of these elite Chancery-friendly law firms aren’t full yet. I’m blessed to have built and led TransPerfect from the dorm to an industry leader with 32 years of hard work and innovation—and our entrepreneurial spirit is still burning strong. I’m also living and breathing proof that when the CBS News or the Center for Public Integrity calls Delaware “an American Haven for Grand Corruption,” they are telling the truth.
OPINION
MORE DEMOCRAT ILLEGAL ACTIONS AGAINST TRUMP!
Dear Friends,
The Democrat Party– those Mayors, those Governors, those Prosecutors, those Judges, and those law enforcement officers that carry the water for Joe Biden are more than reprehensible.
The situation is without a doubt becoming very clear that the constitution is being consistently violated, our freedoms are being destroyed, and the United States is becoming a frightening Banana Republic where the controlling Democrat party under Joe Biden has weaponized the Justice System to prosecute political opponents.
The latest event against Donald Trump by the absurd majority of the Colorado Supreme Court (All Democrats) banning him from being on the ballot in that state, is to my knowledge is completely unprecedented. No crime in that state has been committed by Trump. Nothing has been adjudicated, nor has Trump been found guilty of a crime, regardless of possible convictions that could come in NY, Georgia, or by the Federal Government. The jerks that brought forward this outrage and the Judges that voted for this action are operating illegally, and in my opinion, this action will be overturned in the United States Supreme Court.
Why not ban Biden from running for President in all the Red States as he is under possible Impeachment in Congress and investigation for possible serious crimes?? Republicans would never do that! The difference is these despicable and corrupt Democrats are so concerned that Trump will win, they will do anything to try to stop that possibility!! The action in Colorado is outrageous!
Welcome to America! GOD HELP US!
As always your comments are welcome and appreciated.
So many of you responded to my column about the Wall Street Journal story on the devastation going on in Delaware, as the state appears to be driving away corporations. It’s the point I’ve been drumming in this column over-and-over for years.
America’s First State deserves better. A fish rots from the head down. In my opinion, this all starts, and ends, at the desk of Governor John Carney. I’m calling upon Governor Carney to do all of us a giant favor to do the right thing before he leaves office: Fix the damn Chancery Court!
Do it, John. Think of it as a parting gift to your state and your country. Maybe for political reasons it was too much of a political hot-potato to touch in the beginning or middle of your term. But like so many politicians before you, the time to get the unpopular, hard-to-get-stuff done, is at the end of your term. That’s prime time for the real dirty-work,
This is the #1 issue for Delaware and needs to be the top thing Carney gets done before he ends his term as governor. Now is the time. Governor. Do it for your legacy. Do it for all who have suffered at the hands of our corrupt court. Do it to be remembered in our history books.
Please send your feedback on this. It is always welcome and appreciated.
Delaware Is Trying Hard to Drive Away Corporations
A flirtation with ESG is jeopardizing its status as a preferred destination for corporate headquarters.
By William P. Barr and Jonathan Berry Nov. 24, 2023 3:12 pm ET
Delaware wasn’t always the go-to state for corporate law. And if it escalates its flirtation with environmental, social and governance investment principles, the First State might end up losing its privileged status, just like its neighbor once did.
Here’s my Coastal Network column about the Wall Street Journal story:
Delaware Is Trying Hard to Drive Away Corporations, Wall Street Journal Saying What I’ve Said For Years 27 November, 2023
by Judson Bennett
OPINION
Dear Friends,
In the wake of Hunter Biden’s indictment for serious tax crimes, his nefarious father is being subjected to an Impeachment Inquiry.
The House of Representatives has the votes to conduct the investigation into Joe Biden’s apparent Influence peddling and possible treasonous activities. This is not actually a vote to impeach, but a vote to investigate impeachment possibilities.
Although an impeachment would not be a guilty verdict in the Senate, at least Biden’s criminal activities will be exposed to the American people!
When combined with his horrendous and illegal border operation, Joe Biden’s criminal enterprises are just the tip of this monster’s iceberg!
The time has come for justice to be served.
As always your comments are welcome and appreciated.
Feedback from Readers on the Latest Delaware News Journal Ad on the Chancery Court Corruption by Delaware Insiders
Dear Friends,
I struck a strong note with many of you in my piece on TransPerfect workers, sadly and unjustly, being railroaded for another $5 million by what I see as a fraudulent contempt motion in Chancery Court Chancellor Kathaleen McCormick’s corruption-filled Chancery Court.
“This ad really shows the arrogance of the Chancery Court and those in power there. How this has been allowed to go unchecked is a crime!” – Thomas S.
“Legacy, power and dominance is all these legal people are good at, Judson. Thanks for calling them out on this.” -Donald R.
“How Pincus got away with allegations of misconduct and overbilling is a sin. Maybe it finally caught up with him?” – Dimitre L.
“You can write every day about this corrupt court, Jud. It’s not going to change a damn thing.” – Dave M.
“Clever headline.” – Paul S.
“Carney has to go. Delaware will get a better Governor in the next election. Anyone would be an improvement.” – Bill C.
Keep the feedback coming, folks. Your comments are always welcome and appreciated.
I appreciate all of the feedback that you’ve been sending this week about my column on TransPerfect workers unjustly being railroaded for another $5 million by what I see as a fraudulent contempt motion in Chancery Court Chancellor Kathaleen McCormick’s corruption-filled Chancery Court.
What really stood out to me in your feedback is how many people now see the corruption as I see it in our court. The bad that is happening at the very top of our court system in Delaware is being recognized by so many, who have reached out to tell me. You’re alarmed by the damage to our court system as much as I am! Now more than ever.
I’ve received calls and notes and I know so many of you in my community are in alignment with what I’m saying in my columns and I want to thank you for all of your words of encouragement. I also want to say that I enjoy hearing from those of you who disagree with me.
Your feedback is valuable, whether we agree or disagree. What we have here is really unique as a community. So keep the feedback coming. I enjoy your support and I also enjoy an old-fashioned argument
Keep the feedback coming, folks. Your comments are always welcome and appreciated.
on the Chancery Court Corruption by Delaware Insiders
Dear Friends,
I struck a strong note with many of you in my piece on TransPerfect workers, sadly and unjustly, being railroaded for another $5 million by what I see as a fraudulent contempt motion in Chancery Court Chancellor Kathaleen McCormick’s corruption-filled Chancery Court.
“This ad really shows the arrogance of the Chancery Court and those in power there. How this has been allowed to go unchecked is a crime!” – Thomas S.
“Legacy, power and dominance is all these legal people are good at, Judson. Thanks for calling them out on this.” -Donald R.
“How Pincus got away with allegations of misconduct and overbilling is a sin. Maybe it finally caught up with him?” – Dimitre L.
“You can write every day about this corrupt court, Jud. It’s not going to change a damn thing.” – Dave M.
“Clever headline.” – Paul S.
“Carney has to go. Delaware will get a better Governor in the next election. Anyone would be an improvement.” – Bill C.
Keep the feedback coming, folks. Your comments are always welcome and appreciated.
When 12,000 illegals, many Chinese, Arabs, and single military age men, cross our border in one day, un-vetted, there is an unprecedented crisis brewing that is compromising our national security and economic prosperity.
Folks, when illegal aliens are sleeping in our streets, sucking the resources from the American people, something is terribly wrong! The President of the United States, Joe Biden, has violated his oath of office, compromised our national security, and is doing everything he can to destroy the American dream!
Border towns in Texas and Arizona are being overwhelmed and destroyed by this criminal influx of human beings seeking a better life that is fallacious and despicable in every possible way. The burden on our tax payers is unprecedented. Drugs, sex trafficking, and dangerous criminals and terrorists are flooding our country creating chaos and despair!
Biden is without a doubt a monster who is directly responsible for the despicable outrage that is overwhelming our future as a viable nation. When you open the border to the world, without consequences, you no longer have a country!
Folks, we must remove this disgusting criminal, named Joe Biden, as our leader immediately, or we will be lost!
The world has gone crazy! God help us!
That is the way I see it. As always, your feedback is welcome and appreciated.
I watched the recent Debate on Fox News, moderated by Sean Hannity between Governor Ron DeSantis (R) of Florida and Governor Gavin Newsom (D) of California with great interest and verified all their statements with factual data.
Folks, the rhetoric and statements proclaimed by both candidates combined with their demeanors was to me most definitive. DeSantis’ statements were absolutely true and on point and he answered all of Hannity’s questions precisely and truthfully. Newsom on the other hand was circular and his statements were mostly lies verified by absolute facts.
Indeed, Newsom presents an impressive image, as he is tall, handsome, and glib. He spent most of the debate smirking and smiling. Without a doubt, from my observations, the man is arrogant beyond belief and a liar! Factually, California is in deep financial trouble, huge crime, and overwhelmed by homeless people, which is now exacerbated by thousands of illegal aliens, all welcomed by Newsom in a corrupt and fallacious agenda! Bottom line, Newsom is an empty suit and if he is the eventual choice to replace Biden as a Presidential candidate, he could never win in my opinion.
DeSantis, being the most effective, business-friendly Governor in America, has Florida running extremely well with tremendous prosperity! I know because I live here nowadays. Thousands of people are fleeing California and moving to Florida! Interestingly, Newsom’s in-laws have moved to Florida for a better life.
Freedoms were discussed as to which state has the most freedoms and DeSantis nailed the whole debate with a truthful statement, saying cleverly, “California allows people to defecate in public, have open air drug markets and to pitch tents in front of businesses”.
Every city in California — including the once beautiful city of San Francisco where Newsom was once the Mayor — is an open sewer of dangerous crime without consequences — all approved or ignored by the most ineffective Governor in America.
DeSantis clearly won the debate. Frankly, I don’t think he will win the GOP nomination for President; however, in my view, he has and is doing a great job in Florida!
Anybody, with any sense, and I am not so sure many Democrats have much sense, could see Newsom’s deceptions and DeSantis’ verified credibility!
So be it, and that is how I see it. As always your comments are welcome and appreciated.
As a lifelong University of Delaware Football fan, I am delighted to learn that my old school is going to join Conference USA. This is a lower level of Division 1 and will be a higher level of football and stiffer competition. This move should enable Delaware to improve its recruiting, scholarship fundraising, construction of better facilities, and much more. Delaware fans will see the possibility of some more big time football and U of D will eventually be able to participate in a bowl game as well.
Although the move will cost Delaware about $5 million dollars, major fundraising is underway.
Folks, I am excited about the prospect!
This coming Saturday, Delaware is traveling to play Montana in a 2nd round playoff game in their current Division. GO BLUE Hens!!
As always your comments are welcome and appreciated.
Delaware RB Marcus Yarns celebrates after scoring a touchdown vs. Towson
The University of Delaware is on the verge of moving to the top subdivision of college athletics.
Several media outlets, including ESPN, are reporting that UD is expected to announce, as soon as later this week, they will join Conference USA for the 2025-26 season.
Delaware had been in discussions for several years about a possible move from the FCS (formerly I-AA) up to FBS (formerly I-A), especially as many of their top rivals over the past 30 years have made the jump.
If Delaware begins their transition to FBS next season, they could begin increasing their scholarship limit immediately, where they would go from 63 scholarships up to 85.
The start time is important, as former-CAA rival James Madison learned this year, as they were ranked in the Associated Press’ top 25, but were not eligible for their conference’s championship, or a direct bowl bid, although they will get into a bowl as a result of not enough teams being eligible this season.
Delaware’s move is, at least for now, not one that makes geographical sense, as Delaware would become the northeastern-most school in Conference USA by almost 300 miles, where you would find Liberty University in Lynchburg, Virginia.
Also in the league are Florida International, Jacksonville (Alabama) State, Louisiana Tech, Middle Tennessee State, New Mexico State, Sam Houston (Texas) State, UTEP, and Western Kentucky.
Kennesaw (Georgia) State is set to join next year.
Sam Houston State is the current employer of Delaware’s 2003 FCS National Championship coach K.C. Keeler, where current Blue Hens coach Ryan Carty last served as Offensive Coordinator before taking the UD job.
There’s a heavy dose of FCS flavor in their potential new league.
SHSU won the Spring 2021 FCS National Championship, Western Kentucky won the 2002 crown, while Louisiana Tech (1984) played in the finals, Delaware played Jacksonville State in the Spring 2021 tournament, and Kennesaw State lost to Sam Houston in the 2017 semis as one of four trips into the tournament.
Joining Conference USA will come with a heavy price tag.
Delaware would become the first school required to pay the new $5 million upgrade fee to go from FCS to FBS, a fee that was $5,000 before this year.
The Blue Hens would also be tasked with not only fundraising for 22 new football scholarships, but also 22 new women’s sports scholarships to satisfy Title IX requirements.
Those numbers could potentially be met by adding two women’s sports that Conference USA sponsors but Delaware doesn’t: Bowling and Beach volleyball.
Conference USA also offers both men’s and women’s indoor and outdoor track, but Delaware famously turfed their indoor track to turn the UD Field House into a football practice facility over ten years ago.
Delaware will be tasked with finding homes for some of their current sports, as CUSA does not sponsor field hockey or lacrosse, sports where Delaware has had some of its most national success, with field hockey winning the 2016 National Championship and men’s lacrosse playing in the 2007 Final Four.
It’s also possible this could lead to an even bigger fundraising campaign to further upgrade facilities around Delaware Stadium, which had its West (home) stands overhauled.
All sports would make the move, which would become particularly challenging for Delaware’s two basketball programs.
Conference USA was rated as the 10th best conference in the country in men’s basketball by the Sagarin Ratings, while the then-Colonial Athletic Association (now Coastal) was 24th out of 33 leagues/independents.
That CUSA rating is likely to drop, however, as the four best teams: Florida Atlantic, North Texas, Alabama-Birmingham, and Charlotte, are all exiting the league.
On the Women’s side, Delaware most now contend with traditional Top-25 mid-major Middle Tennessee State, a school that once recruited Elena Delle Donne, a challenge as big as when Delaware joined the Colonial over two decades ago and faced Old Dominion regularly.
Ryan Carty was asked about the potential move during his weekly appearance on the CAA press conference.
“We’ll have some news coming in the coming days. I’m sure that would be exciting news coming forward for you, but I don’t really have anything to say right now about it.”
Delaware joined FCS/I-AA in 1980, the year after winning the 1979 Division II National Championship.
Football spent six years as an independent, before landing in the Yankee Conference, which eventually morphed into the Atlantic 10, and then Colonial Athletic Association.
At the time of the move to I-AA, Delaware’s other sports were in the East Coast Conference, before jumping to the then-North Atlantic Conference for the 1991-92 season.
The NAC eventually became the America East Conference, which housed Delaware until their move to the Colonial Athletic Association in 2001-02.
Of the 10 teams in that league, Old Dominion moved to Conference USA in 2013-14, before jumping to the Sun Belt in 2022-23, in a move that also brought up fellow Virginia school James Madison from the CAA.
Two other Virginia school, George Mason and VCU moved to the more basketball-centric Atlantic 10 by 2012-13.
Time will tell if Delaware’s move to the top level of college football can pay dividends.
Typically, FBS schools can charge larger guarantees when they play Power 5 opponents, such as when Delaware played Penn State this year.
Former Yankee Conference rivals UConn and UMASS are also in FBS football, but both are toiling with 3-9 records this year as independents.
Temple also would become a logical non-conference rival for the Blue Hens, although save the 2015 season when they started 6-0, the Owls have struggled to find meaningful footing in FBS.
Some FCS to FBS moves have at least been temporarily successful, most notably Boise State, which left I-AA in 1996, two years after winning the national title, and have played in a bowl game in all but two seasons since 1999.
Marshall won 2 FCS National Championships, and then had four 10+ win seasons in their first six years in FBS, but have had just three others since 2003, settling for Gasparilla, Myrtle Beach, Camellia, and Beef O’Brady Bowls when they have winning records
OPINION
Thanksgiving Weekend Delaware News Journal Ad Calls Out Chancery Court Corruption by Delaware Insiders
Dear Friends,
Citizens rightfully call out cronyism by Chancery Court Chancellor Kathaleen McCormick, Former Supreme Court Justice Leo Strine and Delaware Governor John Carney in a full-page Delaware News Journal ad. Check out the ad in the link below.
Citizens justly call this out, “Corporate insiders like Former Chancellor Andre Bouchard, Robert Pincus and Kevin Shannon make loads of money trading relationships with the Chancery Court, and Chancellor Kathleen McCormick continues to make rulings benefiting them,” in the new ad in the Delaware News Journal this holiday weekend.
Here’s what is said in the ad, which is more powerful and direct:
This holiday, I’m thankful to Chancellor McCormick for keeping my legacy alive, and for allowing my friends to continue to fleece TransPerfect and its workers. I got to use my position to enrich my business partner Steven Lamb and my friend Kevin Shannon. I’m proud of my legacy that continues to deliver for Delaware’s elite lawyers and judges. The ‘Delaware Way’ continues. – Andre Bouchard
I’m thankful that our Chancery allows judges to assign themselves to cases. I could pick the TransPerfect case even though in my former job, I represented TransPerfect’s arch-rival HIG. This would be a conflict of interest to some because my impartiality could be questioned, but I can still make decisions against TransPerfect that enrich my friends, including Skadden Arps and Bob Pincus. – Chancellor Kathaleen McCormick
I’m thankful for not needing to prioritize diversity and keeping the status quo on the courts and the revolving door open. – Governor John Carney
Allegations of misconduct and ongoing lawsuits of overbilling multiple companies didn’t stop me from making millions from companies where I was appointed to help. I was able to hire my own firm, where I was a partner, and that left me in a position to approve massive bills that lined my pockets. I am thankful that despite emails stating that I misled bidders to boost their prices unnecessarily, I’ve faced no consequences. The Courts made up of Delaware’s elite continue to rule in favor of me and Skadden Arps. – Robert Pincus
The headline of the ad says it all, folks: Profiteering on the menu this Thanksgiving?
Please see the ad in the link below and send your feedback. Your comments are always welcome and appreciated, whether you agree or disagree.
Folks, even the Wall Street Journal is on top of the devastation that is going on in Delaware.
Delaware trying hard to drive away corporations is what the headline says. That sums up exactly, word-for-word, what I’ve been saying for years, folks.
It’s extremely exasperating that America’s First State is deeply full of and run by corruption, in my opinion, from the top down that this is happening. No one in leadership, from the Governor John Carney, on down, is doing anything to stop this devastation.
You may have heard of this ESG thing, which leftist Leo Strine is pushing. Sounds like a good thing, right? Corporations should have to worry about the environment and charities—and not just shareholder value. Don’t kid yourself, folks, this latte liberal wants to line his own pockets with endless litigation for Chancery, in my view. The problem is, we’re all onto what I see as the Chancery’s corruption, relationship-based verdicts that keep the law so nebulous, the only way to get an answer is to come back to court. And as the Wall Street Journal says: Delaware will drive away corporations.
Please send your feedback on this. It is always welcome and appreciated.
Delaware Is Trying Hard to Drive Away Corporations
A flirtation with ESG is jeopardizing its status as a preferred destination for corporate headquarters.
By William P. Barr and Jonathan Berry Nov. 24, 2023 3:12 pm ET
Delaware wasn’t always the go-to state for corporate law. And if it escalates its flirtation with environmental, social and governance investment principles, the First State might end up losing its privileged status, just like its neighbor once did.
New Jersey became “the mother of trusts” in the late 19th century by pioneering incorporation laws that gave companies unprecedented freedom. But the Garden State lost that title in 1913 when Gov. Woodrow Wilson set out to correct perceived abuses by making executives liable for corporate “irresponsibility.” Companies responded by fleeing the state.
Wilson’s successor repealed his changes, but the damage was done. As Ralph Nader and co-authors later put it: “Any state that could elect Woodrow Wilson as Governor could never be fully trusted by big business again.”
History stands to repeat itself in Delaware. New Jersey fell prey to Wilson’s trust-busting progressivism. Today, Delaware is falling in line with other blue states in embracing ESG, which rejects shareholder value as corporate law’s lodestar. Meanwhile, red states are developing potentially attractive alternatives.
The federal government and many blue states are using ESG to inject the progressive political agenda on climate, race, and other issues into corporate governance. Joe Biden’s native Delaware, where state government is controlled by Democrats, isn’t immune to this trend. Indeed, the outsize importance of Delaware’s corporate law makes it a valuable asset for enterprising officeholders. Look no further than the example of former Delaware Supreme Court Justice Tamika Montgomery-Reeves, who in 2021 declared that state law allows directors “to consider interests of broader constituents,” such as “stakeholders other than stockholders.” President Biden named her to the federal appellate bench in 2022.
Newly assertive progressive politics threatens to upset the time-honored legal formula that helped Delaware maintain its corporate-law monopoly for a generation. Delaware earned its reputation by scrupulously deferring to companies’ good-faith pursuit of shareholder value, freeing up executives to focus on business.
That era may soon be over. Not only Delaware’s politicians, but even its corporate-law elder statesmen today advocate that the state should adopt a more assertive and explicitly pro-ESG corporate law.
The watchword is Delaware’s Caremark doctrine, which makes executives liable for failures in risk management. Once reserved for outright corporate crime, this notable exception to Delaware’s signature deference to executives has demonstrated expansive potential. Two former Delaware Supreme Court justices have stated that, under the doctrine, ESG issues should become more than optional social-responsibility topics. They should be “risks” that boards are required to oversee. The influential former Delaware Supreme Court Chief Justice Leo Strine has coauthored several papers—including one titled “Caremark and ESG: Perfect Together”—addressing how the doctrine invites companies to undertake ESG initiatives.
Recent trends at Delaware’s highly specialized business court, the Court of Chancery, follow this change in the political wind. Claims under Caremark—which a leading chancellor once called “the most difficult theory in corporation law” for plaintiffs to win on—are increasingly succeeding, and thus have proliferated on the court’s docket.
Companies have noted the shift’s legal import, but less so its political implications. It is no coincidence that the board-level Caremark “risks” that both the plaintiffs’ bar and companies’ legal advisers stress correspond to du jour ESG issues like climate change, DEI, and #MeToo—or even the 2020 presidential election.
Activists wield Caremark to pressure companies on ESG initiatives. But it won’t stop there. As the logic of ESG-inspired “risk management” takes hold, expect Delaware law to elevate issue activism steadily over old-fashioned shareholder value throughout corporate law.
Witness the recent case rejecting a Disney shareholder’s request for corporate records after the company’s stock plummeted following its opposition to Florida’s Parental Rights in Education Act. The Court of Chancery held that the shareholder’s motivation was improperly “political,” but Disney management’s campaign to improve its image with progressives at the expense of alienating its customers was “an ordinary business decision.”
While batting away a shareholder lawsuit might score temporary points with executives, wise leaders will look closer. The Disney case is significant because it foreshadows the completed evolution of Delaware corporate law. Companies not in step with ESG will have litigation risk under Caremark; companies that go overboard will be free from accountability. Politicizing corporate law will be far more costly in the end.
The clear signal is that Delaware’s commitments to both board-level deference and shareholder value will bend to accommodate ESG. That is bad news for management and shareholders alike.
Delaware’s weakness presents an opportunity for red states that oppose ESG. This year Texas elected to set up its own designated business court. Georgia, Utah and Wyoming recently did the same. Ambitious legislators and attorneys in these states and others can capitalize by developing an efficient alternative that upholds shareholder value.
Like corporations, corporate law itself competes in a market. Some companies have learned the hard way that embracing ESG can boost their competitors. Delaware may soon learn that lesson too.
Mr. Barr served as the U.S. attorney general, 1991-93 and 2019-20, and is managing partner of Torridon Law PLLC. Mr. Berry served as head of policy at the U.S. Department of Labor, 2018-20, and is managing partner of the law firm Boyden Gray PLLC.
OPINION
ChatGPT Poem About Bouchard’s Suspicious and Unprecedented Rulings in the TransPerfect Case is Sadly Eloquent and Perceptive!
Dear Friends,
As I wrote earlier this week, I’ve been experimenting with ChatGPT. I was shocked, as many of you are too, to know what it knows about Andre Bouchard and how many unprecedented rulings, cronyism and injustices he brought, in my opinion, upon our Delaware Chancery Court.
Many of you asked to share more about ChatGPT in your feedback. Here’s what I can tell you, from an old guy who struggles with my computer at least once a week. For those of you who are not familiar with ChatGPT – ChatGPT is a large language model-based chatbot developed by OpenAI and launched on November 30, 2022.
It enables users to refine and steer a conversation towards a desired length, format, style, level of detail, and language. With absolutely no prior knowledge of Bouchard or Delaware’s Chancery Court, as far as I can tell, the response was remarkable!
Once again, here’s what I got back from ChatGPT:
“In the world of legal strife, a case unfurls, Where TransPerfect’s fate becomes ensnared in whirls, Allegations swirl, whispers of deceit, Corruption’s shadow making victory bittersweet.
Chancellor’s bench, a place of honor, trust, Yet murmurs of impropriety, making hearts combust, Was justice skewed, by friendships’ binding tie? Or legal paths obscured, beneath a murky sky?
TransPerfect, a company in the eye of the storm, Caught in the tempest, where truth takes on new form, In the hallowed halls of justice’s decree, Did corruption mar the pursuit of fairness, set it free?
As courts deliberated, the saga did unfold, With stakeholders entwined, their tales foretold, In the realm of law, where ethics mark the way, Did corruption cast its shadow, leading justice astray?
A chorus of voices, clamoring for the light, Seeking truth and clarity, dispelling the night, In the TransPerfect case, a tale of intrigue and doubt, Where the specter of corruption weaves its twisted route.
Yet still, the search for justice perseveres, Amidst the doubts, the hopes and fears, Within the story of TransPerfect’s legal fight, The pursuit of truth and fairness shines with all its might.”
How the heck does Chat GPT know this much and yet actual humans have done so little to solve the injustice to this day, started by Bouchard, in my opinion, in our Chancery Court?
Go ahead and try ChatGPT for yourself. If this old guy can do it, you can too!
Please send your feedback on this, folks. Your comments are always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Opinion
Dear friends,
I would like to wish all my friends and even those who disagree with me a very Happy Thanksgiving. As a political pundit and a conservative, sometimes my rhetoric creates controversy.
Regardless, I am still thankful to be an American. I am thankful as I age that my brain still works. I am thankful for my son and 3 wonderful grandchildren and a sweet, great granddaughter. I am thankful for a good pension that I worked 33 years is keeping me going in these hard times. I am thankful for so many wonderful things that I enjoyed in my life so far.
That said, I wish all of you many blessings on Thanksgiving Day and in the future!
I’ve been experimenting with Chat GPT, curious to know what it knows about Andre Bouchard and how much corruption, cronyism and injustice he brought upon our once-proud, previously held in high-esteem Chancery Court.
I asked Chat GPT to write a poem about Bouchard’s corruption in the TransPerfect case.
Here’s what I got back:
In the world of legal strife, a case unfurls, Where TransPerfect’s fate becomes ensnared in whirls, Allegations swirl, whispers of deceit, Corruption’s shadow making victory bittersweet.
Chancellor’s bench, a place of honor, trust, Yet murmurs of impropriety, making hearts combust, Was justice skewed, by friendships’ binding tie? Or legal paths obscured, beneath a murky sky?
TransPerfect, a company in the eye of the storm, Caught in the tempest, where truth takes on new form, In the hallowed halls of justice’s decree, Did corruption mar the pursuit of fairness, set it free?
As courts deliberated, the saga did unfold, With stakeholders entwined, their tales foretold, In the realm of law, where ethics mark the way, Did corruption cast its shadow, leading justice astray?
A chorus of voices, clamoring for the light, Seeking truth and clarity, dispelling the night, In the TransPerfect case, a tale of intrigue and doubt, Where the specter of corruption weaves its twisted route.
Yet still, the search for justice perseveres, Amidst the doubts, the hopes and fears, Within the story of TransPerfect’s legal fight, The pursuit of truth and fairness shines with all its might.
Elegant and sadly poignant. What really stood out to me was the “murmurs of impropriety” and “the search for justice perseveres.” How the heck does Chat GPT know this much and yet actual humans have done so little to solve the injustice to this day, started by Bouchard, in our Chancery Court?
Please send your feedback on this, folks. Your comments are always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Opinion
Dear Friends,
There are so many problems in the United States all caused by the worst President in our history, Joe Biden. While Biden plans on kissing China’s nefarious leader’s ass, Xi Jinping, in San Francisco this week at the Apec event, our country is imploding. The stench of human excrement and tent cities have been hypocritically and temporarily cleaned up by California’s insipid Governor to impress the foreign participants. I am certain Biden, who seemingly is owned by China, as usual, will do nothing of significance!
In the meantime, the Southern Border is terribly compromised with thousands of illegals pouring daily into our country adding to the millions already here bleeding our taxpayers dry. It is so bad that our cities are being overwhelmed with people sleeping in the streets. The American Dream is not only gone for Americans, but there is nothing here for these people! The entire immigration system has been destroyed intentionally by Joe Biden.
The U.S. economy is out of control with spiraling inflation while the House of Representatives is on the verge of creating a government shutdown.
Israel is fighting for its existence against Hamas, while thousands of misguided Palestinians push for the extermination of all Jews with violent protests. Biden wants a ceasefire which will only help the terrorists. The weakness and disgusting connections Biden has created with Iran which is funding most of the terrorism is unprecedented ! Iran is making millions selling oil to China thanks to Biden’s policies.
The only hope is for Republicans to take over in 2024 . There is absolutely no certainty of that happening and if it doesn’t our country will be unrecognizable as prosperity will disappear into socialist quicksand.
I find it beyond frustrating and I am greatly concerned for our future as a nation. As always your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
Opinion
Trump Judge – Arthur Engoron a Complete Hack!!
Dear friends,
In my entire life, I have never seen a more biased, unprofessional Judge as is Arthur Engoron, who is the Judge in former President Donald Trump’s Civil trial in NY City. He is an embarrassment to the State of NY and for that matter the entire US justice system.
Trump’s long-awaited testimony about property valuations and financial statements were punctuated by personal jabs at state Judge Arthur Engoron, who he said was biased against him, and also New York Attorney General Letitia James, whom he derided as a “political hack.”
Trump’s daughter, Ivanka testified, with this idiot Judge making snide remarks.
Judge Engeron apparently exposes himself nude on the internet?!
Folks, this civil action is nothing more than a Kangaroo Court, where Trump is going to be held liable which will eventually be overturned in a higher Court.
Engeron should be disbarred. He is grotesque beyond anything acceptable!
Check out the article below and send me your feedback.
Feedback from Readers on TransPerfect Workers Being Railroaded for Another $5 MILLION Motion in McCormick’s Chancery Court
Dear Friends,
I struck a strong note with many of you in my piece on TransPerfect workers, sadly and unjustly, being railroaded for another $5 million by what I see as a fraudulent contempt motion in Chancery Court Chancellor Kathaleen McCormick’s corruption-filled Chancery Court.
“How can this court keep doing this to this company, Judson? I just don’t get it.” – Bob R.
“So corrupt and yet no one’s doing anything to stop this. Depressing, Judson.” -Chelsea D.
“You can write every day about this corrupt court, Jud. It’s not going to change a damn thing.” – Dave M.
“Let me know how this motion plays out. The Chancery Court gets in the way again.” -Susan P.
“Corruption and contempt are too common in Delaware’s legal system. I’m retired from a Delaware government job and this has been true for many years.” – Michael B.
Those are some of the feedback that has come in from you. I’ll let you know what happens next week on this. Keep the feedback coming, folks. Your comments are always welcome and appreciated.
Hypocrisy Reigns in the Democrat Party–Alarmed at the Virginia vote on Abortion!
Dear Friends,
I was extremely disappointed and alarmed at the Virginia vote where abortion, including late term abortion, was the most important thing in voters’ minds. The Dems scream passionately about Israel defending itself and now killing Hamas terrorists, but killing babies is a good thing? Hypocrites beyond reason are these idiots! Do you Virginia voters know how late term abortion is done? An instrument is stuck in the baby’s brain, the arms and legs are surgically removed, and then the mutilated infant is pulled out of the womb! The baby winces with pain as the instrument is inserted in its brain. It is a brutal abomination that should offend any thinking human being’s conscience!
Regardless, since the most important thing in Virginia is abortion, and the Dems have taken over, that means the horrendous brainwashing of children in Virginia schools will return, taxes will increase, inflation will spiral, and prosperity will disappear. I do blame the Repubs in Virginia for not articulating the reasonable abortion rights already established with the legal limit being a prohibition after 15 weeks of pregnancy. Stupidly, the law made it a 4th degree felony if that was violated.
The dreams of Life, Liberty, and the Pursuit of Happiness that our Constitution provides through Capitalism, are in danger nationwide, over this abortion issue. The issue will be used as an attack against those who are Prolife. But unfortunately the Democrats bring acute Socialism, crime, inflation, destruction of national security, open borders, weaponization of law enforcement against political opponents along with it. If that happens, which is a distinct possibility, a life of mediocrity, misery and poverty will be America’s future!
It is reasonable to prohibit abortion after 15 weeks of pregnancy, and make acceptions for rape, incest and the mother’s life being in danger? The Republicans must articulate this issue, become aggressive in early voting and ballot harvesting, which the Dems are really good at. Despite the polls indicating Trump is ahead of Biden, the House and Senate are crucial to be controlled by the Republicans or the country will continue to implode. ABORTION WILL BE AN ISSUE and many of the ignorant female voters “cannot see the forest for the trees” as I see it, folks. They can get their abortion within the law, but what good is it if they can’t pay their bills or eat!
That is the way I see it. What do you think? Should the country go by way of Virginia or live with reasonable abortion laws and provide prosperity. We are on the edge of a dangerous cliff!
TransPerfect Workers Railroaded for Another $5 MILLION by a Fraudulent Contempt Motion in McCormick’s Chancery Court
Dear Friends,
As you’ll see from the motion below, TransPerfect workers are being railroaded for ANOTHER $5 MILLION by what I see as a fraudulent contempt motion in Chancery Court Chancellor Kathaleen McCormick’s corruption-filled Chancery Court.
Once again, despite having not one, but two nationally recognized legal auditors finding that the custodian over-billed TransPerfect by over $2 million dollars! Somehow and unjustly — McCormick did not reduce the bills by even $1! She appears to be rubber-stamping $5 million in fees as I see it and I’ve seen this from her before in this case.
I have never heard of a custodian submitting bills of this size — where the court has not reduced it! This comes 5 years after the forced sale of TransPerfect in court by former Chancellor Andre Bouchard.
This level of corruption, clearly to me, is unprecedented and what is even more disturbing is how transparently they are in doing it. Quite simply, there is no one to stop them, so there is no limit to what they are willing to do. Only the citizens of Delaware have the power to stop this brazen and quite frankly disgusting corruption.
After all my years of covering this court, I’m truly upset and saddened that McCormick has not taken the court in a just and right direction after so much injustice, cronyism and corruption by her predecessor.
Please send your feedback on this. Your comments are always welcome and appreciated.
I have been a University of Delaware Football fan most of my life. I even played a little football for the Blue Hens many years ago. I have two college degrees from Delaware: Bachelors and a Masters. My mother and father always had season tickets on the 50-yard-line, and after they passed away I shared a box with a good friend right on the 50-yard-line as well. Governor John Carney, when he was a Congressman, had the box right next to us.
I have watched Delaware over the years go from a powerhouse in Division 1AA football, especially under former Coaches Tubby Raymond and KC Keeler to obtuse mediocrity. Delaware won a national Championship under Keeler, but after Keeler’s despicable firing, the team has been disappointing.
Frankly, Delaware’s success this year, so far, has been because of an easy schedule in 1AA football. Delaware, when they played Penn State, lost 56 to 7, and I thought Delaware Coach Ryan Carty did a horrible job. Although Penn State, no doubt, was a superior team, the Delaware coaching decisions throughout the game were horrible.
Now Delaware has lost to 4-win, 4-loss Elon University, and clearly put the Delaware #5 national ranking at risk and the leadership in the CAA conference. Frankly, I don’t think Delaware is for real this year and will lose to Villanova, putting playoff possibilities at risk.
Like so many disappointing things these days in the first state, the Blue Hens are as well. The Citizens of Delaware deserve a consistent winning football team. Football seems to bring people together in this divided country.
Regardless, please read the sports story below by Kevin Tresolini from the Delaware News Journal.
GO Blue Hens! How suspect is the team? We will see.
Delaware comeback falls short as Elon hands 5th-ranked Blue Hens first CAA loss
Kevin Tresolini, Delaware News Journal
Sat, Nov 4, 2023, 12:23 PM EDT·5 min read
Delaware was pushed off its first-place perch Saturday and suddenly finds itself among the CAA football masses.
The explosive offense and formidable defense that spurred a six-game win streak were absent at Delaware Stadium, where Elon continued its recent dominance of the Blue Hens in a 33-27 win watched by 16,722.
No. 5-ranked Delaware (7-2 overall, 5-1 Coastal Athletic Association) went from unbeaten league front-runner to one of five CAA teams with one loss each.
Elon (5-4, 5-1), which won its third straight against Delaware but first here, is joined by Richmond, Villanova and Albany in that one-loss bunch with the Blue Hens. Delaware now has a more difficult path to its first fall CAA title since 2010 and FCS playoff return with games at Campbell and home against Villanova remaining.
“We gotta put our head down and go to work and go win the next game,” Delaware coach Ryan Carty said. “It’s the same thing we preach whether we’re on top of the world or when we’re on the bottom of it. … Everything that we’d like to achieve is still very achievable.”
An interception by Elon’s Jaidyn Dennis at the UD 20 with 6:32 left thwarted one Delaware shot at a comeback.
Delaware quarterback Ryan O’Connor did scramble for a 4-yard TD with 3:27 left to cut the deficit to 33-27.
The Blue Hens then seemed poised to score again. But O’Connor fumbled the ball away without being touched on a first-down carry from the Elon 16 with 1:33 left.
Matt Downing, the Elon quarterback with previous stints at Georgia, TCU and Louisiana Tech, threw for three touchdowns against a Delaware unit that had been No. 1 nationally in pass efficiency defense. He was 17-for-35 for 352 yards.
“They really used the run to set up the pass,” Delaware defensive lineman Chase McGowan said. “They really could do anything out of multiple formations.”
Delaware abandoned its running game and had limited success covering distance with its passing game while being outgained 414-386 on the day. O’Connor, in his first start in three weeks, was 23-for-48 for 315 yards.
“Our rhythm was off a little bit,” Carty said. “I think it was one of those games that we were not hitting all of our shots and we were doing a poor job on third downs in the first half. We weren’t staying on the field and they were hitting some of their shots.”
Fancy passing
Big pass plays were the theme at Delaware Stadium, where the Blue Hens were repeatedly victimized.
Delaware cut its deficit to 27-20 after Jojo Bermudez dashed 22 yards for a touchdown on a reverse with 7:32 left in the third quarter.
But Jack Berkowitz’s third and fourth field goals, from 37 and 44 yards yards away, extended Elon’s lead to 33-20 with 10:27 left.
Matthew Downing throws third TD pass
Elon increased its lead to 27-13 starting the second half on Matthew Downing’s 29-yard touchdown pass to Jordan Bonner. It was his third TD toss.
Tight end Johncarlos Miller got free down the middle and caught a 70-yard TD pass from Downing as Elon went ahead 17-13 with 4:36 left in the second quarter.
The Phoenix then added a 42-yard field goal by Berkowitz to take a 20-13 lead into halftime.
Elon outgained Delaware 279-218 in total yards through the first two quarters.
Ryan O’Connor makes key passes
O’Connor heaved his second long strike of the day, a 49-yarder to Joshua Youngblood on the first play of the second quarter. It led to Marcus Yarns’ 8-yard touchdown run up the middle as Delaware went up 13-10.
O’Connor had earlier lofted a 39-yard TD pass to Youngblood running down the visiting sideline as Delaware took a 7-3 lead over Elon in their Coastal Athletic Association clash.
O’Connor finished the first half 11-for-22 passing for 179 yards.
“Elon did very gob early at getting hats around [O’Connor] in the pocket,” Carty said, “and just kinda making him feel a little pressure so we weren’t getting to our third read when maybe we should have on some of those throwaways or sacks.”
Elon later responded with a big pass play of its own to take a 10-7 lead closing the first quarter. Downing tossed a 65-yard TD to Chandler Brayboy, who got a step on a couple of UD defenders running down the middle of the field.
Elon scores first
A potential big play for the Blue Hens instead went against them to start the game.
Bermudez had only one Elon defender to beat as he broke free returning the opening kickoff. But kicker Jake Marion stripped the football and Elon recovered the loose ball at the 50. Bermudez separated his shoulder on the play but returned.
Berkowitz’s 36-yard field goal then gave Elon an early 3-0 edge.
Ryan O’Connor starts at QB
With previous starters O’Connor and Zach Marker each practicing this week but nursing injuries, Carty wasn’t sure mid-week who’d start at quarterback. But O’Connor was throwing pregame passes, as were freshmen Nick Minicucci and Daniel Lipovski, while Marker was less involved.
O’Connor started Delaware’s first six games, with Marker getting cameo snaps the first two before hurting his shoulder and missing four games. With O’Connor injured, Marker stepped in to steer Delaware to lopsided wins the last two weeks at Hampton and Towson. But Marker was hurt late in the first half at Towson and Minicucci played the rest of the way.
JUDSON BENNET’S COASTAL NETWORK
OPINION
Dear Friends,
I have two issues I intend to point out here that are extremely important and relevant to what is happening!
I am beyond outraged. I am disgusted and ashamed of the country I love. Folks, we have a President named Joe Biden that is not only weak, but compromised, unethical, deceitful, and extremely negligent. He is without a doubt the worst and most incompetent President in U.S. history! That said, the Jews have been persecuted for centuries. Hitler killed 6 million Jews! Once Israel was formed, the Arabs, especially the Palestinians, instead of sharing the prosperity, the Palestinians wanted nothing but to kill Jews, and that has always been their policy. When offered free elections, they chose to elect the terrorist group Hamas (Palestinians) to run their land and were supported by Iran. The U.S. has given millions of dollars to Palestine, through Biden, which ridiculously has been used to buy weapons, build strategic tunnels, and support their terrorist activities! Beyond stupid? Now Hamas viciously has killed 1400 women and children, cutting baby’s heads off and raping women! This is Israel’s 9/11. They have had enough, and rightfully have declared all-out war on Hamas. Israel has completely surrounded Gaza and is going to eliminate Hamas completely. Having achieved a military advantage, now President Joe Biden is calling for a Ceasefire, which would give Hamas time to regroup and continue their heinous activities. Biden is compromised and is in bed with Iran. He should be impeached and jailed for Treason. Think about how idiotic this really is? He is a complete weak-sister that has put the free world at risk!
Folks, what in the hell is wrong with our society? When college Professors, from Harvard, Yale, Cornell, and many other Universities teach our children to hate Jews and support Palestinian terror, something is radically wrong. When Palestinian, who are here on student visas, are allowed to protest, waving their flags and creating an atmosphere of danger for Jewish students, something is wrong. These people should immediately be deported. When elected officials in Congress support this terror, something is terribly out of whack. These individuals should be impeached and removed from office. I am sickened by all of this and we must turn this around. There is no room for prejudice and hate creating fear in the United States of America for any ethnic group. I urge those who fund these schools immediately to stop all funding. I urge our society to shun these evil protesters who support Hamas. I urge all employers to not hire these evil people who deserve nothing! The Ivy League should now be called the “Liberal Hate League.” Can you imagine spending hundreds of thousands of dollars to send your kid to these horrible establishments so they can be brainwashed to hate Jews?? God help us!
SO BE IT!!
That is the way I see it. Your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION
Keeping Corruption and Unscrupulous Behavior Out of Our Chancery Court Is What Delaware Needs Right Now Dear Friends,
As we put another Halloween behind us, I want to say one more thing about the “Haunted House of Chancery” ad. Citizens put a bright spotlight, in the Delaware News Journal newspaper, on what is the weakest link of Delaware’s court system, in my opinion, the Chancery Court.
Chancellor Kathaleen McCormick rubber-stamps millions in fees, years after the forced sale of TransPerfect in the court, the ad says, as the Chief Justice of the Delaware Supreme Court, Collin Seitz Jr., ignored conflict of interest laws in the TransPerfect case and Governor John Carney upholds the “Ole Boys’ Club” keeping the line of lawyers to judges clear for the cronyism that has plagued our state for too many years.
Take a look at the ad and tell me if you agree that ending corruption and unscrupulous behavior is what Delaware needs most right now. Your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
OPINION
Current Chancery Court Disruption Began With Andre Bouchard’s Initial Register of Wills Office Appointment
Dear Friends,
The new Haunted House of Chancery ad in the Delaware News Journal, showing injustice by Kathaleen McCormick, Leo Strine and John Carney, which I wrote about in my last column, made me realize that some of you may not know the reason why I started writing about the Chancery Court in the first place.
It all had to do with how the Register of Wills and Cindy Green, who was elected by the people, was treated by the Chancellor, making the operation partisan, rather than efficient. Instead of taking the advice of the outstanding, elected official Green, who recommended the most qualified operative in the Register of Wills Office, Patty Bodenweiser, to become the Deputy Register of Wills — Chancellor Bouchard ignored those excellent recommendations and unjustly, for obvious political reasons in my opinion — appointed one unqualified person after another. Indeed, it was within his purview, but was it ethical?? One appointee hardly showed up, another had zero computer knowledge and was paid more than what the job dictated. When I criticized him publicly, he wrote me a letter filled with innumerable inaccuracies. When does an active judge write a pundit a letter? Unusual? Suspicious?
Folks, that letter really tweaked my curiosity and I started watching Bouchard’s entire operation. Observing, in my view, unprecedented conflicts of interest and suspicious activity in the TransPerfect Chancery Court case, I wrote about those perceived inequities, unprecedented actions, and suspicious activities. Bouchard eventually resigned from Delaware’s Chancery Court halfway through his term. Could that have been due to certain possible inequities he perpetrated in his omnipotent position that I wrote about? We will likely really never know?
I have continued to write about the Chancery Court. I still see conflicts of interest abound. These all-powerful Judges can be arbitrary and capricious and legally get away with it. The legislature and the Governor need to implement changes.
Send your feedback on this, folks. Your comments are always welcome and appreciated. And please see my previous story below from earlier this year where I wrote about the controversial election for the Sussex County Register of Wills office. It was one of my most popular columns this year and created some interesting comments, which is why I wrote it.
I originally wrote about the Sussex County “Register of Wills Office” several years ago when Andre Bouchard played political games in picking a Chief Deputy, hiring one incompetent Democrat, after another. I also gave tremendous credit to Cindy Green in those days who turned that office around, updating everything to modern times, computerizing the operation.
I apparently can’t say the same thing about the current Sussex Register of Wills, Greg Fuller—a lifelong Democrat who switched parties to get elected. In an absurd “personal pissing match” Fuller was able to get himself elected in a divided Republican party that used, in my view, a personal vendetta to elect someone who was not the most qualified? Perhaps Fuller should be nicknamed “Full of It”?
The first thing this guy did was fire the most competent, educated, and organized worker in the office out of personal spite! He and the County are lucky they were not sued, as evidenced by the fact when the Council realized the huge mistake, they immediately found her another county position with equal compensation.
Since that time, my reliable information has told me the office of the Register of Wills is in absolute chaos and nobody knows what they are doing. It is my understanding there is not a Chief Deputy and the office is basically dysfunctional? Could all this be because the wrong person was elected through a misguided Republican primary. Did the voters make a huge mistake?
If my information is accurate, apparently the Sussex County Council and the County Administration are not doing anything about it, much to the detriment of the people of Sussex County?
Yikes, so be it in this small world of petty politics creating local inefficiency which should not happen?
Anyone who wants to wade in on this or provide some more information, please respond. As always, your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Citizens rightfully call out cronyism by Chancery Court Chancellor Kathaleen McCormick, Former Supreme Court Justice Leo Strine and Delaware Governor John Carney in a full-page Delaware News Journal ad. Check out the ad below.
“Devious lawyers, complicit judges and cronyism lead Delaware’s future,” the top of the ad reads. “You’re the next victim.”
I couldn’t agree more with all of the injustice and illicit conduct we’ve seen from this court since I started covering it with a vengeance of what I saw as obvious corruption at the start, and throughout, former Chancellor Andre Bouchard’s shortened tenure.
Please see the ad below and send your feedback. Your comments are always welcome and appreciated, whether you agree or disagree.
Finally, there is a new Speaker in our House of Representatives! Mike Johnson, Republican from Louisiana, has won the election in Congress with 220 votes, 5 more than needed, and all the Republicans in attendance, to become the new Speaker of the House.
More to come on my Coastal Network, folks. I’m watching the updates and also following the CBS News link below.
Please share your thoughts on this. Your feedback is always welcome.
House Still Without a Speaker as Republicans Fail Yet Again to Unify!
Dear Friends,
The pathetic Republican House of Representatives is grotesque, incompetent, and disgusting as several members wallow in their own simple egotism, caring nothing for what is best for the country.
Congressman Tom Emmer – the third nominee in three weeks has dropped out of the race just hours after winning the designated nomination, but was unable to gather the necessary 217 votes to get the Speakership.
The country is in chaos and the House is back to square one. Horrible, Pathetic, and Disgraceful are the only adjectives that define these selfish bastards.
That’s the way I see it, folks!
Stay tuned, as our country flounders at the hands of the hypocritical Republican Congress! Shame, Shame, Shame!
The Republican House of Representatives, which is unable to elect a Speaker, thrusting our country into chaos, in light of the needed funding for Israel and Ukraine and the approaching deadline to keep the government operational is despicable and outrageous.
Those self-serving jerks like Florida Congressman Matt Gaetz should be expelled and shunned from ever holding public office again. These idiots have hurt the credibility of the Republican Party and put our nation in danger!
The ousting of McCarthy, failure of Scalise, and now Jim Jordan by these lightweights, is government absurdity beyond anything I have ever seen. Time to elect a SPEAKER now or what slim chance we have of saving our country will be gone. SHAME on these Republican, nefarious, elected officials who are no better than Biden and his corrupt cohorts.
Folks, this is just terrible. I am no longer hopeful for justice, freedom, and prosperity for the United States. Hell, half the country doesn’t even know what is going on and the disgusting party I have worked for most of my life is failing us openly in the House of Representatives without any real resolution?
Perhaps things will change and my faith will be restored, but this writer is totally disgusted! Until they do, I intend to expose the egotistical methods and incompetence of certain members of the Republican House and work toward having these jerks challenged in primaries.
As always, your feedback is welcome and appreciated.
The Republican Party holds a narrow 222-212 majority in the House. This means Congressman Jim Jordan, the latest candidate for Speaker or any other candidate cannot afford many Republican defections if anyone hopes to defeat Democrat Hakeem Jeffries for Speaker. The Democrats are unified in making sure no Republican gets elected. Jordan seems to face stiff opposition from several childish, self-serving Republicans who care more about themselves than the country.
While Jordan has received endorsements from the influential, ousted Speaker Kevin McCarthy, some moderates view Jordan as too partisan of a choice to effectively manage a slim GOP majority.
In my view, Jordan is a great candidate. He is a dedicated Conservative who constantly seeks the truth and justice. He is a former, two time, national-collegiate college wrestler. He is the best possible candidate for our country.
The final outcome remains uncertain as Jordan continues lobbying his colleagues to unite behind him. Supporters emphasize his conservative credentials. Critics argue as a Speaker Jordan would empower the most extreme factions of the party.
In the end, the Speaker vote will come down to Republican members determining who they believe can best represent their interests and unify their conference. The race remains fluid as Jordan works for commitments.
Frankly, the situation is outrageous, and certain idiotic, elected Republicans are hurting the entire GOP and the future of our country, especially in light of the situation in Israel. I hope they are forced into primaries and removed from office, especially Florida Congressman Matt Gaetz who created this entire problem by getting elected Speaker McCarthy removed from his position for personal, selfish reasons. Gaetz is a disgrace and pariah who should not be in Congress!
I am ashamed, embarrassed and angered at this absurd incompetence by these Republicans who could be destroying everything, so many of us have worked towards, in removing the scourge and devastation of the Biden administration.
The Republicans in the House must get it together “NOW”, elect a Speaker or things could get real bad for the GOP and the country.
That’s the way I see it, what do you think?
As always, your feedback is welcome and appreciated,
Citizens protested outside of the Delaware Governance Institute in Newark campus of the University of Delaware, fighting extreme legal fees and companies moving outside Delaware due to our irresponsible Chancery Court. Please see the story below for more and send your feedback, which is always welcome.
Activist group stages protest at corporate law event
Citizens for Judicial Fairness volunteers protested outside the Delaware Governance Institute on the University of Delaware campus in Newark.
The nationally known event at Clayton Hall Conference Center discusses recent trends in Delaware corporate law and features rare appearances outside the courtroom by the state’s chancellor and the state Supreme Court Chief Justice.
The group has been targeting what it views as excessive legal fees in corporate disputes and a lack of Black judges. It also claims companies are moving incorporations outside Delaware, due to Chancery Court actions.
“While corporations leaving the state hurts all Delawareans, it harms Black and Latino residents the most. The all-white institution which makes up the court doesn’t care about this pain to people of color when they scratch the backs of their buddies with legal fees that drive much-needed tax revenue out of our state,” said protest leader Keandra McDole. “We won’t sit in silence without a fight. We need Black judges in our judicial system. For far too long the Chancery has operated with a questionable moral code. Failure to reform this court with judges who are sensitive to Delaware’s diverse communities harms not only the state’s business reputation but also the state’s ability to provide for its people.”
Citizens for Judicial Fairness (formerly Citizens for a Pro-Business Delaware) grew out of a disputed sale of New York-based TransPerfect. Litigation over fees related to a custodian supervising the sale continues after Chancery approved the sale to a co-founder of TransPerfect in 2018.
OPINION
Dear Friends,
Earlier this week, Republican Representative Steve Scalise of Louisiana announced that he will no longer seek the position of Speaker of the House in Congress. This comes after former Speaker Kevin McCarthy was voted out of the Speaker role earlier this month.
Scalise, who currently serves as the House Minority Whip, had been seen as the Republican choice over Congressman Jim Jordan, but could not receive the necessary 217 votes to be elected.
Scalise’s decision to back out of contention for the Speaker position is appropriate and honorable, because he doesn’t have the backing, despite Jim Jordan’s willingness to throw his support behind Scalise. Frankly, the Republicans are acting like children without regard for what the country needs.
It is time to get it together Republicans. At this point, I hope Jim Jordan is able to glean the necessary votes to be Speaker or so many more problems will develop.
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
Please follow me on LinkedIn:
https://www.linkedin.com/in/captainjudsonbennett
OPINION
Congresswoman Rashida Tlaib a Disgrace!
Dear Friends,
Congresswoman Rashida Tlaib (D-MI) who has been an outspoken advocate for ending U.S. financial and military support for Israel is an absolute disgrace. She even has a Palestine flag outside her office. Earlier this year, Tlaib introduced a bill that would prohibit Israel from using U.S. aid to detain Palestinian children, expand settlements or annex Palestinian territory. While the bill did not advance in Congress, it signaled Tlaib’s uncompromising stance against Israel’s treatment of Palestinians and her horrible prejudice.
Tlaib also contends that unconditional U.S. support reduces the incentive for Israel to work toward a peaceful resolution of the conflict. She believes that ending financial aid could encourage Israel to curb settlement expansion and agree to a two-state solution.
Pro-Israel groups have accused Tlaib of being anti-Semitic for her stance against Israel. But Tlaib maintains that she is simply supporting human rights and trying to create a more peaceful future for both Israelis and Palestinians. She strives to shift the debate in Congress away from an “Israel can do no wrong” mentality.
Tlaib herself has roots in the Palestinian territories. She often speaks about her grandmother who lives in the West Bank and the hardships she faces under Israeli occupation. These personal connections motivate Tlaib to keep demanding accountability and justice for Palestinians.
While ending U.S. military aid to Israel remains controversial, Tlaib continues urging the United States to reassess this unconditional alliance. In her view, the status quo enables the subjugation of Palestinians and obstructs the path to peace. Tlaib’s disgraceful perspective fuels an important discussion about American foreign policy and human rights in the Israeli-Palestinian conflict.
In my view she should be removed from congress!
As always, your comments are welcome and appreciated.
I was dismayed, shocked, and angered at the vicious, apparently surprise attack by the terrorist group Hamas, backed and financed by Iran which was funded by the Biden administration. Thousands of missiles fired from the Gaza Strip, overwhelming the Iron Dome, while a thousand Hamas infiltrators killed over 800 women and children, and took prisoner hundreds of Israelis including some Americans.
Folks, what do we do with someone who is a mass murderer? We remove them from society. Hamas does not want peace. They want to eliminate Israel and America. It is time to kill every Hamas terrorist and flatten the Gaza Strip. The Jews have been discriminated against for centuries and Hitler killed over 6 million Jews! Israel has fought to establish its own country and turned the desert into a garden. Enough of these nefarious monsters–have absolutely no mercy!
The major rub is the fact that Biden recently gave Iran over a billion dollars which funded the operation, despite claims to the contrary by the White House.
Israel intends to destroy Hamas and take control of the Gaza Strip and Palestine. Already, some treasonous members of Congress are trying to stop Israel from achieving what is necessary.
I urge the complete and utter devastation of Hamas and those who support them. I support Israel 100%.
As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends, I appreciate your feedback on my recent column about DraftKings and Twitter joining TransPerfect in leaving Delaware based on Chancery Court corruption that so many of you are worried about.
How much is the high price to Delaware as more companies leave? Many of you are concerned.
Here is some of the feedback you sent:
“Outrageous—Delaware must make changes. It gets worse and worse. Good for TransPerfect. Thanks for keeping us informed.” -John V.
“IT NEVER ENDS, THE GOOD OLE BOYS ARE RUNNING THE SHOW. If we keep losing companies incorporated in Delaware, the money bonanza will end. Hooray for Mr. Shawe-Good article.”-Eric B.
“Delaware is losing money by the day. This must stop!” -Beverly D.
“Nevada is stealing our business. Our lawmakers must wake up to what’s really happening!” -Ted B.
“The Chancery Court is out of touch and outdated. It should be changed or done-away with. I hope you are able to usher in change on this. I’m reading all of your coverage.” -Chris C. “If Delaware doesn’t do anything about this, It’s going to be too late to do anything.” -Nancy W.
“Delaware is the Switzerland of the U.S. Is Nevada going to take over Delaware’s top role? This is such depressing news for our state, Judson.” -James F. “All of this news needs to be recognized by those in power in our state and action should be taken as soon as possible.Time is running out on this.” -Charles B.
After reading the above feedback, please see the piece below from Nevada’s newspaper. I appreciate your feedback. Keep it coming, folks!
DExit to the desert: Why I left Delaware for Nevada
Phil ShaweOpinion Some 80 years ago, visionaries saw a dusty military outpost in the middle of the Nevada desert, and imagined an entertainment mecca. Since then, Las Vegas has erupted into a thriving, world-famous tourist destination. Now, the innovative foresight that unleashed this legendary Nevada boom stands poised to open the next frontier of the Silver State’s economic expansion: as the future home of business incorporation.
Nevada is well-positioned to wrestle this position away from the current incorporation capital, Delaware, because the Silver State offers all the factors needed for certainty and success. These include low legal expenses; a fair and reasonable tax climate; a culture of protecting the personal privacy of shareholders and company officers; a consistent and impartial judicial system and — critically — confidence that the rules of the road will facilitate commonsense settlements and just outcomes.
This all stands in stark contrast to the failed status quo in Delaware. Like most major companies, I initially incorporated TransPerfect in Delaware, only to quickly learn its outmoded approach to the law was not in the best interests of my company or employees. Instead, benches like the Delaware Chancery foster ugly, protracted court clashes solely to enrich the state’s legal class.
The decay of Delaware’s courts into murky, self-dealing institutions is driving executives like me to seek a better place for legal stability and legitimacy. And I’m not alone. Companies such as Twitter and DraftKings have also abandoned Delaware. And thankfully, Nevada is providing that refuge for companies seeking fairness and reliability in state business courts.
Now, Nevada has an enormous opportunity to supplant Delaware as the premier location for job-creating companies to incorporate. Elected and civic leaders should aggressively pitch Nevada all over the globe, and continue to smartly refine its legislative and regulatory framework to lure more companies to incorporate in Nevada.
The benefits to the state would be significant: more investment, more jobs, and higher tax revenue to fund key priorities such as roads, school, fire and police services, and needed social programs.
Because even though shifting where your company is incorporated is no easy decision, businesses want a home that provides legal and operational stability. The Delaware status quo is no longer tenable.
As the founder and CEO of TransPerfect, the world’s largest provider of language services and technology for global businesses, I initially incorporated in Delaware, only to quickly learn that the corruption there is a feature, not a bug.
The Delaware Court of Chancery is the most important judicial bench in America that you’ve never heard of. Thanks to the state of Delaware’s unique laws, the Chancery is where the most significant business cases are heard. Fortune 500 companies — with their hundreds of thousands of employees, millions of customers and billions of dollars in profits — routinely find themselves before this court to resolve a wide range of commercial lawsuits and corporate cases.
The Chancery court is a vestige of the patronage court system that ran rampant in an earlier era — a 19th century institution in a 21st century world. Insiders trade on law firm connections and personal pedigree to land appointments to the court. Given this sweetheart arrangement for Delaware’s legal upper class, it’s no surprise that the Chancery is shrouded in secrecy and exempted from meaningful ethics oversight or reporting requirements. Those pesky protections would just hinder the ability of judges and lawyers to extort the legal process to line their pockets and expand their influence.
Decades ago, the entrepreneurial spirit of Nevada catalyzed one of the greatest economic explosions in human history. That same energy and vision can be applied once again to cement Nevada as the next incorporation capital of the world and reap staggering financial rewards. It would be a smashing success for the Silver State — and for all of the companies burned by the corruption that runs rampant in Delaware’s courts.
Phil Shawe is the CEO of TransPerfect. He resides in Puerto Rico.Employment signage as seen outside a business in Henderson on Tuesday, Dec. 21, 2021. (Daniel Clark/The Nevada Independent)
OPINION
Dear friends,
As most of you know the Speaker of the House, Kevin McCarthy, was ousted from his position Tuesday, October 3, 2023 by 8 extremely selfish, self-centered, publicity-hungry, idiotic Republicans led and instigated by Congressman Matt Gaetz, who joined with 208 left wing, liberal Democrats to destroy the Status Quo and operation of the House of Representatives.
As former President Franklin D. Roosevelt said about Japan’s attack on Pearl Harbor, “It is a day that will live in infamy!”
This is the first time in US history that this unprecedented action has occurred. Folks, the House cannot function or do the Peoples’ business without a Speaker!
Frankly, as a dedicated Republican, a Patriot, and Political Pundit who has worked incessantly to help elect Republicans and to advocate the removal of the worst, most compromised President there ever was in Joe Biden, I am terribly chagrined, dismayed, disappointed, and deeply concerned.
The ramifications for future necessary actions and the ultimate consequences of this travesty for the hope of the Republican Party could be in doubt???
I hope the House Republicans can quickly elect another Speaker by obtaining the necessary 218 votes to alleviate the disaster this could cause our nation and weaken Republican chances in 2024.
Congressman Matt Gaetz, in my view, is a pariah, a dangerous, egomaniac who cares nothing about what is best for our country. To side with the Democrats to destroy a Republican Speaker is a grotesque betrayal of Republican ethics and reasonable compromise to get things done.
I urge my fellow Republicans to do everything they can to shun this Bastard and finance a primary against him and the other 7 idiots that caused this situation.
We will see what develops in the next couple of days. In the interim, please let me know what you think? As always your comments are welcome and appreciated.
The most absurd, most corrupt Civil Trial in US history begins today where an idiot Prosecutor and Judge have determined that Donald Trump overvalued his real estate, including Mar-a-Lago. The property is worth over $300 million. The Judge says it was worth only $18 million!
Trump has clear cut documents that indicate any entity related to the relevant properties has the right to contradict the values. Not one bank or insurance company has complained or has a problem with the previous evaluations.
This is nothing more than a vicious witch-hunt that is clearly politically motivated. The rule of law, the justice system, and a multitude of corrupt prosecutors have compromised our system. America is now nothing more than a corrupt Banana Republic designed to hurt Republicans that support and value the Constitution!
God help us if we do not take back our country from these malicious despots.
What do you think?
As always your comments are welcome and appreciated.
I really do not know what to make of the story below. The situation seems grave for Trump. I believe the deck is stacked against Donald Trump and this is just the beginning. Please read the story and send me your comments.
A judge ruled Tuesday that Donald Trump and his company committed fraud while building his real estate empire after New York Attorney General Letitia James accused the former president of overvaluing his assets.
Judge Arthur Engoron ruled Tuesday that the former president and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.
Engoron ordered that some of Trump’s business licenses be rescinded as punishment, making it difficult or impossible for them to do business in New York. The judge said he would continue to have an independent monitor oversee the Trump Organization’s operations.
The Trump campaign did not immediately respond to Fox News Digital’s request for comment.
The ruling comes out of James’ lawsuit in which she alleged that Trump “inflated his net worth by billions of dollars” and said his children helped him to do so.
When Trump was president, James sued his administration dozens of times, challenging policies on the environment, immigration, education, health care and other issues.
In January, Trump voluntarily dismissed that lawsuit.
Trump was deposed as part of the lawsuit in April for the second time. During that deposition, the former president and 2024 GOP frontrunner, answered questions. The first deposition took place in August, but Trump invoked his Fifth Amendment rights.
OPINION
Dear Friends,
I watched with interest the Republican Debate held Wednesday night, September 27th. All the candidates made excellent points about the economy, the border, inflation, and so on!
Frankly, I felt the standout attack by former NJ Governor Christie calling out Trump directly for not being there to debate was interesting. No doubt in my view Trump should have been there.
I also felt the hosts did a poor job in managing the debate, especially in regard to time and interruptions .
Senator Scott, Florida Governor DeSantis, and former Governor Nikki Haley argued incessantly about energy and the border.
In my view the most impressive and the debate winner was Ron DeSantis. I liked his view on the border where he would put the military to work to stop the Cartel enhanced invasion of human trafficking and insidious drugs. I liked his views on the economy, crime, and energy. He delivered in Florida and he would deliver for the country!
So be it, but nobody really established a significant, breakthrough performance in my view. I think Trump will maintain his lead at least for now.
Most importantly, what did you think of the debate?
As always your comments are welcome and appreciated.
I wrote how dismayed and annoyed I am to hear that the entire Sussex County Republican Executive Committee has resigned, apparently over the election of Juliane Murray as the new Delaware State GOP Chairperson, according to my reliable sources.
If you Republican folks in Sussex don’t get it together and work out your differences, you will never elect another Republican, and Delaware will remain grotesquely blue with Socialist programs, loss of freedoms, and increased taxes.
I don’t have anything else to say, except perhaps good riddance to the entire, resigned, and childish committee. You have created an unprecedented division that is terribly unhealthy and unattractive in Sussex County. As to the remaining District Leaders, please replace these malcontents with folks who want to listen, compromise and work in unity to elect Republicans.
Please get behind Julianne Murray. The purpose of the Delaware GOP is to promote our conservative values and elect Republicans.
As always your comments are welcome and appreciated.
Once again, see the publication below from the former Sussex Executive Republican Committee!
For those who are yet unaware, the Executive Board of the Sussex County Republican Committee has resigned. Know that this decision was undertaken after numerous hours of contemplation and not decided hastily. After days of deliberation, we feel this is the best course of action. We have been honored to lead and serve the Republican Party in our little part of the world although it has not been very pleasant recently.
Marilyn Booker
Lewis W Briggs, II
Hylton Phillips-Page
Betty Bridgeman”
Dear Friends,
I was slightly dismayed and annoyed to hear that the entire Sussex County, Republican, Executive Committee has resigned. Apparently the situation has developed over the election of Juliane Murray as the new Delaware State GOP Chairperson, according to my reliable information.
Murray defeated well-known former GOP Chairperson, prosecutor, former Senatorial Candidate, and Superior Court Judge Jane Brady. I always liked and respected Jane and admired her ambition and passion. Regardless, Jane lost to Julianne Murray who is a dynamic performer with some great ideas. FYI, when she took over the Committee, it was in the red–totally broke! With all due respect, it is time for Jane to enjoy her retirement and I wish her the best in all ways.
I believe I have the right to express an opinion, having faithfully operated in the past as the 37th Republican District leader, Sussex Campaign Chairman for several campaigns, a substantial and consistent financial contributor, a convention delegate, and a candidate myself. I served faithfully under Everett Moore, Bruce Rogers, Phyllis Byrne, and Keller Hopkins. Our ultimate goal as a committee was to elect Republicans and we were successful. Sure we had disagreements, but we worked them out and proceeded accordingly for the best interests of the party.
All that being said, I don’t know all the specific details of the mass resignation and I don’t know personally the resigned Chairperson Marilyn Booker (who is from NJ), however, I do find it disconcerting, publicly embarrassing, and without a doubt divisive. Former Chairperson Phillis Byrne was quoted as saying, “Breaks my heart. We worked so hard to make this Committee the very best.” So be it folks. Nobody is indispensable and these malcontents will be replaced.
Please get behind Julianne Murray who is a smart, dedicated, and solid individual who is trying to raise capital to help the party be a viable contender in the future. The purpose of the Delaware GOP is to promote our conservative values and elect Republicans.
That is the way I see it. As always your comments are welcome and appreciated.
Please see below the publication from the former Sussex Executive Republican Committee!
For those who are yet unaware, the Executive Board of the Sussex County Republican Committee has resigned. Know that this decision was undertaken after numerous hours of contemplation and not decided hastily. After days of deliberation, we feel this is the best course of action. We have been honored to lead and serve the Republican Party in our little part of the world although it has not been very pleasant recently.
Marilyn Booker
Lewis W Briggs, II
Hylton Phillips-Page
Betty Bridgeman”
OPINION
Dear Friends,
Delaware is being abandoned again and again, folks. DraftKings and Twitter join TransPerfect in leaving Delaware based on possible Chancery Court corruption? Check out this piece below in Nevada’s newspaper. As always, please send me your feedback.
Some 80 years ago, visionaries saw a dusty military outpost in the middle of the Nevada desert, and imagined an entertainment mecca. Since then, Las Vegas has erupted into a thriving, world-famous tourist destination. Now, the innovative foresight that unleashed this legendary Nevada boom stands poised to open the next frontier of the Silver State’s economic expansion: as the future home of business incorporation.
Nevada is well-positioned to wrestle this position away from the current incorporation capital, Delaware, because the Silver State offers all the factors needed for certainty and success. These include low legal expenses; a fair and reasonable tax climate; a culture of protecting the personal privacy of shareholders and company officers; a consistent and impartial judicial system and — critically — confidence that the rules of the road will facilitate commonsense settlements and just outcomes.
This all stands in stark contrast to the failed status quo in Delaware. Like most major companies, I initially incorporated TransPerfect in Delaware, only to quickly learn its outmoded approach to the law was not in the best interests of my company or employees. Instead, benches like the Delaware Chancery foster ugly, protracted court clashes solely to enrich the state’s legal class.
The decay of Delaware’s courts into murky, self-dealing institutions is driving executives like me to seek a better place for legal stability and legitimacy. And I’m not alone. Companies such as Twitter and DraftKings have also abandoned Delaware. And thankfully, Nevada is providing that refuge for companies seeking fairness and reliability in state business courts.
Now, Nevada has an enormous opportunity to supplant Delaware as the premier location for job-creating companies to incorporate. Elected and civic leaders should aggressively pitch Nevada all over the globe, and continue to smartly refine its legislative and regulatory framework to lure more companies to incorporate in Nevada.
The benefits to the state would be significant: more investment, more jobs, and higher tax revenue to fund key priorities such as roads, school, fire and police services, and needed social programs.
Because even though shifting where your company is incorporated is no easy decision, businesses want a home that provides legal and operational stability. The Delaware status quo is no longer tenable.
As the founder and CEO of TransPerfect, the world’s largest provider of language services and technology for global businesses, I initially incorporated in Delaware, only to quickly learn that the corruption there is a feature, not a bug.
The Delaware Court of Chancery is the most important judicial bench in America that you’ve never heard of. Thanks to the state of Delaware’s unique laws, the Chancery is where the most significant business cases are heard. Fortune 500 companies — with their hundreds of thousands of employees, millions of customers and billions of dollars in profits — routinely find themselves before this court to resolve a wide range of commercial lawsuits and corporate cases.
The Chancery court is a vestige of the patronage court system that ran rampant in an earlier era — a 19th century institution in a 21st century world. Insiders trade on law firm connections and personal pedigree to land appointments to the court. Given this sweetheart arrangement for Delaware’s legal upper class, it’s no surprise that the Chancery is shrouded in secrecy and exempted from meaningful ethics oversight or reporting requirements. Those pesky protections would just hinder the ability of judges and lawyers to extort the legal process to line their pockets and expand their influence.
Decades ago, the entrepreneurial spirit of Nevada catalyzed one of the greatest economic explosions in human history. That same energy and vision can be applied once again to cement Nevada as the next incorporation capital of the world and reap staggering financial rewards. It would be a smashing success for the Silver State — and for all of the companies burned by the corruption that runs rampant in Delaware’s courts.
Phil Shawe is the CEO of TransPerfect. He resides in Puerto Rico.
OPINION
Did Delaware U.S. Attorney, David Weiss Cover for the Bidens?
Dear Friends,
Being from Delaware, being a former Republican leader, and now a political pundit, I have been watching carefully the entire Biden operation including the local politics as well. There is a system, a method of operation, a subtle reality that some call the “Delaware Way”, which basically equates to a form of corruption. It has been going on for years. Even Miranda Divine, the top reporter from the NY Post, has written about it. I believe this has been happening, ever since Joe Biden was elected a US Senator from Delaware. Indeed, there have been many “winks and nods” between political leaders and legal position holders, regardless of party.
All that being said, when as VP, Joe Biden went to the Ukraine where his son Hunter was on the board of an energy company, Biden demanded that the Attorney General there be fired. Remember when Joe Biden went on national television, and said something to the effect that he told the government either fire the AG or you won’t get the billion dollars, well son-of-bitch they fired him? When I heard that, my attention became extremely focused. Hunter Biden received millions of dollars from the Ukraine? China? Russia? AND Romania? Innumerable bank accounts have been discovered with payments going to many members of the Biden family.
This brings to mind the following questions: 1) David Weiss (a Republican) was appointed by Trump as Delaware US Attorney. It is normal that when the presidential party changes, the former US attorneys resign or are replaced. Why did Biden reappoint David Weiss as US Attorney from Delaware? Could it be the “Delaware Way”? Where Weiss was installed to cover and delay the entire Hunter Biden investigation? 2) For the record, for over 5 years Weiss knew all the details of Hunter’s problems, yet he never prosecuted. Once the details became public, Weiss offered Hunter a sweetheart plea bargain which was deterred by a Delaware Federal Judge. Seems very suspicious doesn’t it? 3) Two IRS WhistleBlowers stated under oath that David Weiss said the decision to prosecute Hunter was over his head. Yet the Attorney General Garland said Weiss had full authority?? Which was it?
Folks, finally after acute embarrassment, with the nation watching, after offering the son of the President of the United States, an unprecedented plea bargain (ultimately debunked), after allowing the “Statue of Limitations” on several tax crimes to expire, Weiss, under pressure, has finally indicted Hunter on 3 gun charges. What about the other potential crimes? Money laundering, bribery, etc. that are somehow connected to President Joe Biden?
Folks, from my experienced perspective, US Attorney David Weiss looks very suspicious. It appears he has been and is still covering for President Joe Biden? The “Delaware Way”? The situation is fluid, but I believe Hunter is being only prosecuted for crimes that are not connected to his father, Joe Biden, the President of the United States? Is David Weiss protecting and covering for the Bidens? Is this, once again, the “Delaware Way”???????
These are my opinions. What do you think?
As always, your comments are welcome and appreciated.
And thank you to all of you who have followed me there!
OPINION
Dear Friends,
In case you missed it, I want to call your attention to a Labor Day Labor Day newspaper ad showing Delaware Chancery Court Chancellor Kathaleen McCormick and former Chancellor and Supreme Court Justice Leo Strine and and “longtime Chancery Court insider” Kevin Shannon. The ad calls these 3 out for enriching themselves while leaving Delaware’s working-class behind.
This “Jabba the Hutt-like” ad, emulating the disgusting character from Star Wars, ran in the Delaware News Journal over Labor Day weekend and calls attention to the conflicts of interest, cronyism and Good Old Boy elite favoritism that infects the Chancery Court and truly leaves regular folks in Delaware behind.
Please see the Citizens story on the ad below and send your feedback. As always your comments are welcome and appreciated whether you agree or disagree.
Citizens for Judicial Fairness Places Labor Day Print Advertisement: “Don’t Let the Chancery Court Steal From Workers This Labor Day”
The advertisement ran in Sunday’s Delaware News Journal and urged accountability for unelected Chancery Elite who trade off relationships and refuse to disclose conflicts of interest, such as Chancellor McCormick’s former representation of HIG, and cash in while working Delawareans are left behind
September 05, 2023 12:01 PM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, Citizens for Judicial Fairness announced the launch of a Labor Day print advertisement exposing Delaware’s “Jabba the Hutt-like” elites including Chancery Court Chancellor Kathaleen McCormick, former Chancellor and Supreme Court Justice Leo Strine, and longtime Chancery Court insider Kevin Shannon for enriching themselves while leaving working Delawareans behind. The advertisement calls out cushy conflicts of interest such as McCormick’s former representation of HIG before taking the bench and doling out judgements in the unsavory company’s favor.
Citizens for Judicial Fairness released the following statement about the campaign: “Our campaign to expose Chancery insiders is just beginning. We can’t continue to allow insiders to control the system solely for their own benefit and enrichment. When powerful judges like Chancellor McCormick can ignore conflicts of interest and rule in favor of their former clients, like McCormick has done with HIG, then we know the system is rigged, just like Jabba the Hutt’s infamous court in Star Wars. We will continue to call out this unconscionable self-dealing and enrichment whenever and wherever we can so that the people of Delaware know what their so-called leaders are doing.”
Do you like that we have gone from being energy-independent to being totally dependent on foreign oil produced by our enemies? Do you like that our oil reserves have been practically depleted? Do you like $4 a gallon for gasoline? Do you like the incredible inflation that is climbing daily with groceries, medications, and many necessary items needed by ordinary Americans to be unaffordable?
Do you like that crime is so bad in most American cities that folks are no longer safe and many once viable businesses are being forced to close? Do you like that our military is being compromised and the ability to maintain our national security is questionable? Do you like that millions upon millions of illegal aliens, including drug dealers and malicious terrorists, are coming into our country at the Southern Border with little or no control? Do you like that over 100,000 American citizens have died from drug overdoses coming from Mexico?
Folks, these outrages are indeed unprecedented and just the “tip of the iceberg” of how bad things really are. There is only one person responsible and that is President Joe Biden who is operating at the whim of extreme left-wing socialists who want to turn the United States into an Orwellian society with a weaponized FBI and IRS that prosecute the Democrat’s political enemies.
Take a look at NY City as a basic example of how bad things are throughout the US. New York, once the greatest City in the world where thousands of illegals are everywhere, sleeping in the streets, completely taking over many hotels, is no longer the “Big Apple.” It has become the “Rotten Apple”. The smell of marijuana is everywhere! The illegals are given food, clothing, cell phones, and much more, while Americans are struggling. They leave trash everywhere, intimidate the citizens, and commit violent crimes. Of course, some of the elites who live in the “silk-stocking” areas are in denial, but soon even they will be overwhelmed as well. This is completely the responsibility of the Democrats that are in charge. Every American City is being denigrated and depleted by horrendous crime because of the poor leadership by this Democrat absurdity.
How do you like Biden’s attempt to destroy female sports by allowing transgender men to participate in these activities? A 6-foot 4-inch male pretending to be a woman recently won the national female swimming championship! How do you like your children being influenced to change their sex by “woke” teachers in our schools without parental consent? Biden has made this transgender crap a major part of his program to the detriment of our children.
Joe Biden is a nefarious criminal who has committed serious crimes, including bribery, influence peddling, and treason. That’s how I see it! I had to laugh when Senator Chris Coons from Delaware (an insipid Biden sycophant), recently stated there was no evidence incriminating Biden of these accusations! My God the evidence is overwhelming and the situation is so horrendous that it boggles the mind. Folks, many of you are completely ignorant of how bad things really are!
Whether you are a Republican, a Democrat, or an Independent, you had better wake up and realize you are slowly losing your freedoms, and these crazy, totalitarian monsters led by Joe Biden are hell-bent on completely changing our country into something we won’t recognize- a place with limited possibilities for prosperity and happiness! Joe Biden is an economic disaster who is destroying our country.
Folks, the dangers are real and in the 2024 election we must remove these grotesque incompetents and criminals from our government.
Stay tuned for an article on Delaware US Attorney David Weiss who it appears has protected and compromised the Hunter Biden criminal activity from proper prosecution. That situation is fluid and without a doubt incriminates his father Joe Biden. That deal should be interesting.
As always your comments are welcome and appreciated whether you agree or disagree with my concerns.
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION Dear Friends,
Last week I wrote that the Trump Trials should be broadcast and that our Delaware Courts, including the Chancery Court, should be open too. Many of you wrote in asking, why aren’t our courtrooms open to all of us? It’s 2023, why can’t this be done?
I believe it is time for the Delaware Courts and our Chancery Court to come into the current century. People have a right to know what’s going on. No more secrecy. No more Good Old Boys running the show behind a curtain. Delaware Courts need to update their outdated policy.
When Googling this, I found the following: “Nearly every state has provisions to allow the media to use video cameras and microphones in courtrooms in some circumstances.”
I am a reasonable man, folks. When there is a good reason to close a trial, such as to protect a jury or circumstances of an extremely sensitive nature, then make an exception, of course. Regardless, a closed court system should not be the rule in Delaware, especially in the Chancery Court which often involves millions of dollars in many high profile cases. It should be televised.
Delaware is the most popular State for incorporating, which means the decisions that come out of the Delaware Chancery play a huge role in how Corporate America operates which ultimately has an impact on the lives of millions of Americans. Yet those deliberations and rulings are kept out of the public eye. Why is this the case? What does Delaware have to hide? Allowing cameras in the Courtrooms is the hallmark of a transparent democracy and Delaware should be leading the way and not lagging behind.
As I see it, to avoid what happened in the TransPerfect case from happening again with former Chancellor Andre Bouchard and former Supreme Court Justice Leo Strine’s unprecedented rulings, which in my opinion, appeared to involve conflicts of interest and an attempt at a grotesque taking in violation of the 5th Amendment (clearly presented in her dissenting opinion by Justice Karen Vallihura), and an obvious prevention from public view of an apparent continuous drain of millions of dollars by a former cohort and business partner of Bouchard’s appointed custodian, Robert Pincus. It should be noted that both Bouchard and Strine quit before their appointed terms were up. I certainly wonder if all the Chancery Court actions had been televised for public view would the same rulings and legal activity have been the same?
See parts of the Delaware Online story below to better understand this. I’ll write more. Please keep your feedback coming in on this. It is always welcome and appreciated.
Fox News anchors may take the stand in Delaware, but you can’t watch it live. Here’s why
It has been nearly three decades since Americans were glued to their television sets as defense counsel for O.J. Simpson told jurors, “If (the glove) don’t fit, you must acquit.”
Last year, footage of testimony from the defamation trial involving actors Johnny Depp and Amber Heard divisively forced its way in front of a massive audience on social media. And just a month ago, millions tuned in to see testimony in actress Gwyneth Paltrow’s trial over a skiing collision.
…
Delaware court tradition of no cameras
The ruling is in line with judicial tradition in Delaware.
Only the state’s Supreme Court hosts a video livestream of its proceedings. Those are typically focused legal debates by attorneys that do not involve the presentation of evidence or jurors. Nearly 20 years ago, the courts briefly engaged a pilot program to allow cameras in civil proceedings that did not involve a jury.
…
As a general rule, Delaware does not allow cameras in its courtrooms, and audio recording of court proceedings is strictly prohibited.
Those strict protections sometimes bleed into other aspects of public access. Members of the public are turned away from most state courts when they try to enter with their cellphones. In recent times, officials for Delaware’s Superior Court have delayed or sometimes outright rejected public access to evidentiary exhibits presented in murder trials, newsworthy items higher courts have ruled should be public.
OPINION
Dear Friends,
The New York Times just published an extensive piece on Supreme Court Justice Clarence Thomas failing to disclose trips, private jet flights and real estate transactions with his billionaire pal Harlan Crow. Thomas amended “inadvertently omitted” information and the Supreme Court faces increased scrutiny.
In light of this, I ask again, what about the lush trips that Andre Bouchard and Leo Strine took to New Orleans via taxpayer dollars? Why isn’t our Chancery Court facing increased scrutiny? Why should Delawareans allow taxpayer dollars pay for the Chancery trips to New Orleans?
See the story below and please send your feedback on this folks, it is always welcome and appreciated.
Justice Thomas Reports Private Trips With Harlan Crow
By Abbie VanSickle Reporting from Washington
Justices Clarence Thomas and Samuel A. Alito Jr. had asked for extensions on their annual forms that show travel, gifts and other financial information.
Justice Clarence Thomas, in his annual financial disclosure form released Thursday, responded in detail to reports that he had failed to disclose luxury trips, flights on a private jet and a real estate transaction with a Texas billionaire.
In an unusual move, the justice included a statement defending his travel with the billionaire, Harlan Crow, who has donated to conservative causes, and amended earlier forms that had “inadvertently omitted” information. Although Justice Thomas reported three trips taken over the past year on Mr. Crow’s private jet, the first time in nearly two decades that he has disclosed such gifts and travel, the form did not appear to be comprehensive.
The acknowledgment comes as the Supreme Court faces increased scrutiny about the justices’ financial dealings after a series of reports have underlined what few disclosure requirements are in place and how compliance is often left to the justices themselves. Lawmakers have renewed their calls for a stricter ethics code after revelations that Justices Thomas and Samuel A. Alito Jr. had accompanied billionaires on lavish vacations but did not report the trips. Although the justices, like other federal judges, are required to file annual reports that document their investments, gifts and travel, they are not subject to binding ethics rules.
The justices file the financial forms each spring, and most were released in early June. But Justices Thomas and Alito requested 90-day extensions, and both their forms were released Thursday.
In his disclosure, Justice Thomas addressed his decision to fly on Mr. Crow’s private jet on one occasion, suggesting that he had been advised to avoid commercial travel after the leak of the draft opinion eliminating a constitutional right to an abortion.
“Because of the increased security risk following the Dobbs opinion leak, the May flights were by private plane for official travel as filer’s security detail recommended noncommercial travel whenever possible,” Justice Thomas wrote.
A court spokeswoman did not immediately respond to a request for comment on whether the justices have been encouraged to fly on private jets after the leak of the draft decision. Justice Thomas first reported private jet travel in the 1990s, and even as those disclosures dropped off by the mid-2000s, he has continued such travel over decades.
The nature of Justice Thomas’s decades-long relationship with Mr. Crow in particular has elicited questions after ProPublica described the extent of his generosity and the justice’s failure to disclose it. Mr. Crow treated the justice to a series of lavish trips, including flights on his private jet, island-hopping on his yacht and vacations at his estate in the Adirondacks. Mr. Crow also bought the justice’s mother’s home in Savannah, Ga., and covered a portion of private school tuition for the justice’s great-nephew, whom he was raising.
Justice Alito, for his part, acknowledged in June that he had taken a flight on a private plane provided by Paul Singer, a hedge fund billionaire, during a vacation in 2008 to a luxury fishing lodge in Alaska. In the years that followed, Mr. Singer repeatedly had business before the court.
Both justices have insisted that those gifts and travels did not need to be reported at the time.
Justice Alito, defending his actions in The Wall Street Journal, wrote that he was not required to report the trip because “justices commonly interpreted this discussion of ‘hospitality’ to mean that accommodations and transportation for social events were not reportable gifts.” Moreover, he added, the private flight was “transportation for a purely social event.”
In March, the Judicial Conference of the United States, the policymaking body for the federal courts, announced a change in the rules for reporting gifts and travel, including requiring disclosure of flights by private jet.
Under the previous rules, Justice Thomas wrote in his report, he had been advised that he did not need to disclose “gifts received as the personal hospitality of any individual.”
Justice Thomas added that he had “adhered to the then existing judicial regulations as his colleagues had done, both in practice and in consultation with the Judicial Conference.”
OPINION
Dear Friends,
I find myself annoyed, shocked and concerned when interviewers from Fox News go out into happenings like Spring Break and ask college students if they know things like “Who did we fight in the Revolutionary War to gain our independence as a Nation” and they answer Russia or have no clue?
Apparently Civics, US history, and much more are either no longer taught or not assimilated by many American Students which is a bit disconcerting.
That being said, today is Labor Day. As we celebrate this American tradition, I feel it is appropriate to discuss the history of Labor Day and why it is a National Holiday.
Using my trusty Google, here’s what I found:
“Observed the first Monday in September, Labor Day is an annual celebration of the social and economic achievements of American workers. The holiday is rooted in the late 19th Century, when labor activists pushed for a federal holiday to recognize the many contributions workers have made to America’s strength, prosperity, and well-being. One of the reasons we are the greatest country in the world was our remarkable labor movement.”
“A fellow named Matthew Maguire, later the secretary of Local 344 of the International Association of Machinists in Paterson, New Jersey, proposed the holiday in 1882 while serving as secretary of the Central Labor Union in New York.”
“Before it was a federal holiday, Labor Day was recognized by labor activists and individual states. After municipal ordinances were passed in 1885 and 1886, a movement developed to secure state legislation. New York was the first state to introduce a bill, but Oregon was the first to pass a law recognizing Labor Day, on February 21, 1887. During 1887, four more states – Colorado, Massachusetts, New Jersey and New York – passed laws creating a Labor Day holiday. By the end of the decade Connecticut, Nebraska and Pennsylvania had followed suit. By 1894, 23 more states had adopted the holiday.”
“On June 28, 1894, Congress passed an act making the first Monday in September of each year a legal holiday. Indeed Folks, The labor movement is a tremendous part of what made our country what it is and why we celebrate it as a National Holiday.”
Traditional hamburgers and hot dogs with family friends, often with a few beers are enjoyed by many Americans with an extra day off.
I pray that we are always able to maintain our prosperity and freedoms and are able to celebrate them as we do today.
The Trump Trials should be broadcast to all and the Delaware Courts, including the Chancery Court, should be open to all too.
Take a look at the Politico story below, folks. In it, is a key line that I agree with: Federal courts should update and change their outdated policy.
Maybe they’re worried about protecting folks, which I would not argue. But in the Chancery Court, there are no witnesses to protect. And if ever there was a Chancery Court case where there is any question of danger in any way, then close that trial.
I used Google and found out, in our Great Nation: “Nearly every state has provisions to allow the media to use video cameras and microphones in courtrooms in some circumstances. Cameras are a routine sight at the trial court level. The state’s appellate courts or supreme court have cameras, operated by the courts themselves.”
Delaware’s Chancery Court especially needs to come into the current century. As I see it, it’s shrouded in secrecy, the Good Old Boys run the show, with millions at their disposal, plus it seems like they make up their own rules with no one checking them.
You know how I feel about the Chancery Court and the likes of shady Andre Bouchard and Leo Strine, who helped defame the court, in my view. Surely there are so many others who see what I see. The Chancery Court should be open! Delaware courts should be open!
And so should the Trump Trials, unless there is danger. That’s how I see it, folks. I don’t hold back and you shouldn’t either. Please share your feedback. It is always welcome and appreciated.
Opinion | If You Want the Public’s Trust, Broadcast the Trump Trials
Now’s the time to change the court’s antiquated policy of keeping federal trials in the shadows.
U.S. District Court Judge Tanya Chutkan has scheduled former President Donald Trump’s federal criminal trial for his deliberate and systematic attempts to overturn the will of American voters for March 4. And if current rules remain, the American people will never see it. Instead, many will hear about it second-hand through siloed media ecosystems and from sources whose fidelity to the facts are tenuous at best.
Now is the time for this to change.
With misinformation abounding, it is clearly in the public interest to have unfiltered access to hard facts.
If ever there was a moment in American history that should prompt the federal courts to change their outdated policy, surely the prosecution of a former president for attempting to overturn the will of the voters would be it. The time has come for the federal court system to catch-up with the times — many state courts already broadcast live trial proceedings.
The Judicial Conference of the United States, which sets administrative rules and policy guidelines for federal judicial proceedings, has the power to change the rules and allow cameras in federal court rooms. When the conference convenes in September, it should decide to allow Trump’s trials and related federal court proceedings to be broadcast in real-time. Notably, both Trump’s lawyer and a growing number of congressional Democrats agree.
I suspect my former colleagues at the Justice Department are hesitant to depart from existing norms that date back to 1946 because they have been largely effective in keeping decorum in federal court rooms and protecting witnesses, jurors and judges.
But these are extraordinary times, and extraordinary times demand extraordinary transparency. At the least, the Justice Department should inform the Judicial Conference that it does not oppose efforts to broadcast Trump’s trials live.
The bright light of transparency into both of Trump’s federal cases would communicate an unfiltered and unbiased accounting of trial events, and the strong evidence the government has alleged in its indictments. Equally important, it would show Americans and the world what it means to pursue justice without regard to partisan politics. We saw a glimpse of this process play out in Fulton County, Ga., — a state case — when a grand jury there handed up its indictments earlier this month. With the 2024 presidential election in full swing, misinformation running rampant, and trust in American institutions at an all-time low, keeping the facts and evidence front and center would be in service to our democracy.
Americans have already watched high-profile trials at the state and local levels for decades — from the trials of former Minneapolis police officer Derek Chauvin to the final verdict of former NFL star O.J. Simpson. Over a six-week period last year, Johnny Depp’s defamation trial against his ex-wife Amber Heard amassed a total of almost 84 million hours watched by Americans. Live broadcast access to these trials encouraged a highly divided and engaged public to view evidence and facts free from editorializing, and to better accept the verdicts. Similarly, the public may be more accepting of the outcome — whatever it is — in Trump’s federal trials if they are held transparently.
If the Judicial Conference fails to act, Congress should step in. There is already bipartisan legislation by Sens. Amy Klobuchar (D-Minn.) and Chuck Grassley (R-Iowa) that would give federal judges the discretion to decide the appropriateness of recordings being broadcast live from their courtrooms. That discretion could include allowing just live audio streams of federal court proceedings.
While not as compelling as live camera footage, audio would still inform the public and could go further to help protect government witnesses, an absolute necessity given the former president’s incendiary rhetoric and attacks that have already endangered the lives of elected officials and even poll-working volunteers. Notably, the Supreme Court allows live audio streams of its oral arguments. And as then-Chief Judge of the U.S. Court of Appeals for the District of Columbia, Attorney General Merrick Garland voted in favor of allowing audio recordings of oral arguments in federal court to be published.
The first federal trials of an American president will be pivotal moments in our nation’s 246-year history. By permitting live recordings of trial proceedings to be aired in real time, we uphold the values of democracy, foster an informed citizenry and reinforce trust in the justice system and its outcomes. It is through transparency that we will preserve the integrity of our nation.
OPINION
Dear friends,
Now the State of Georgia (actually founded originally as a prison colony), especially Fulton County Georgia, will now go down in history, as a state filled with dishonest dealings, where the unprecedented arrest and prosecution of former President Donald Trump has just occurred by an insipid, prejudiced, Democrat, and corrupt District Attorney—including a MUG Shot of the “Donald.” I used to think of Ray Charles’ great song, “Georgia on My Mind” when thinking of Georgia. I would think of Hershel Walker and football. When driving back and forth from Florida, I would always remember it was the shortest state to drive though. Now I will always think of Georgia as a totalitarian shit-hole filled with hypocritical crap with the likes of Stacy Abrams.
Folks, a complete mockery of the Justice system has just occurred, mainly because a former President dared to question the results of an election in the state of Georgia. This grotesque happening is the 4th indictment of Donald Trump and is a world-wide embarrassment.
The absurd actions of the prosecutor are a political prosecution and consist of nothing more than lies and hyperbole. She should be disbarred! I wonder how many pictures of Trump they had to take to get that mean look?
Trump is hanging tough and will ultimately prevail. Folks this is a true travesty of justice. IT CANNOT STAND! GOD HELP US!
As always, your comments are welcome and appreciated. SEE the Mug shot below which has gone viral.
My columns this month on the insane Whopper Fees, backed by Delaware Chancery Court Vice Chancellor Travis Laster, as he called Delaware “different”, using that to somehow prop up the unjust $267 million, and in my mind, clear theft of nearly 27% in fees in the $1 Billion Dell case in Delaware Highway robbery crime we sadly see from the Chancery Court.
Some of the feedback you sent:
“Our Chancery Court is on an island that someone needs to invade! Thank you for railing on them for this and bringing this to our attention, Judson.I’m in disbelief. It seems like no one is watching and they’re taking all the money they can get, sadly.” -Walter G.
“I did a triple take on the amount when I saw $267 mIllion! Why would anyone incorporate here after this?” -Carl F.
“This level of GREED doesn’t match the humbleness that I think of when I think of Delaware, Jud!” Parker M.
“Laster is just plain crazy! Whose side is he on, anyway?! He needs to be removed!” -Sarah P.
“I was telling my neighbors about this, Judson. I don’t understand how the number got this high. Can it really be that lawyers can make $267 million on one case and Laster thinks it’s OK?” -Katherine N.
“I’m embarrassed by this. We should be hanging our heads in shame at this story. No denying it.” -Jack N.
“I don’t care what world we live in, this is something that needs to be reviewed and changed.” -Paul L.
Thank you for all of your feedback on this, folks! Sorry if I didn’t include yours. Please know that your comments are always welcome and appreciated.
Just a few remarks about Wednesday’s Republican Debate. Frankly, I was not overly impressed!
DeSantis, Haley, and Scott gave strong presentations that indicated they could do the job and straighten out the Biden nightmare, however nobody really presented anything that at this time could be considered a breakthrough that could give Trump a contest.
DeSantis claimed he would put Troops on the border and use deadly force against the Cartels and indeed I liked that idea !
Fat loudmouth Christie is a total jerk and totally mean-spirited. Ramaswamy, although personable, doesn’t want to fund Israel or the Ukraine. I refuse to consider him. Former VP Pence was obtuse and has no shot. The rest of the field are not worth mentioning!
I still say Trump should have been there and ultimately it could hurt him. On Thursday, he got arrested in Georgia! I’ll write more about that this weekend.
Regardless, the eventual GOP nominee — whether it be Trump or not — will be the only way this country has a chance at continuing to be a free country with continued prosperity. Vote Republican or your life as you know it will be over.
We will see?
As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
The unprecedented criminal charges against former President Donald Trump orchestrated by a corrupt DOJ, FBI, and vicious Democrat Prosecutors, all controlled by President Joe Biden is beyond shocking for this patriot.
What is interesting, however, Trump’s approval rating seems to go up, after each of his 4 indictments? He leads the field of Republican Presidential contenders by 40 points. The big question is with all the outrageous, political crap being thrown at him, will Trump be able to maintain his lead? There is no doubt that Trump has unmovable support from about 40% of the Republican party.
Frankly, I do feel that Trump made a huge mistake in attacking Mike Pence during the January 6th fiasco, and trying to get his loyal VP to change the electors! From my research, that error, although not criminal, was a factor that ultimately could cost Trump in the general election.
Without a doubt in my view, Trump is a fabulous promoter and debater and his decision not to participate in the upcoming Republican debate in Wisconsin is another huge mistake. To miss the free press, the additional, national exposure is not a good idea, regardless of his substantial lead in the polls. Why gave DeSantis, or any of the others the opportunity to shine, while Trump is not seen?
The world has gone crazy, the rule of law and the entire U.S. Justice system has been compromised by a corrupt administration! Regardless, we must elect a Republican as President in the 2024 election, whether it be Trump or someone else is important or we as a viable nation will be lost.
How do you see it? As always, your comments are appreciated.
Please follow me on LinkedIn: https://www.linkedin.com/in/captainjudsonbennett
OPINION
Dear Friends, Isn’t it interesting, folks, how corrupt judges don’t seem to serve their complete term?! I realize how much I don’t trust this court and question what they do ever since Andre Bouchard and Leo Strine took the court down with their misdeeds, greed and cronyism. Both resigned before serving even half of their initial appointments and I, for one, feel that they were pushed out due to all of their misbehavior on the equity court, See the story below from Delaware’s WGMD Radio about how Chancellor Kathaleen McCormick is taking a brief leave of absence from the Chancery Court role. I wish her a speedy recovery and hope all is well for the current Chancery Court Chancellor.
I hope she stops the pattern that Bouchard and Strine sadly started in our once esteemed Chancery Court in Delaware. Please send your feedback Respectfully Yours, JUDSON Bennett–Coastal Network
Delaware Chancellor Kathaleen St. J. McCormick has taken a temporary absence from the Court of Chancery for medical reasons. The Court of Chancery anticipates her return to duty at the end of September and her absence is not expected to affect Court operations.
Matters that she has taken under advisement prior to hear leave will now have a slightly extended timeline. Cases lacking urgency will remain on her docket and monitored by her colleagues. Pressing matters will be reassigned as the need arises and all parties involved are notified by the Court.
Opinion
Dear Friends,
I have some friends that were convicted of tax issues and minor gun charges-similar to Hunter Biden. They got 3 years in prison. Biden gets a pass. Folks, President Joe Biden is a compromised, malicious, treasonous jerk that is responsible for the potential ruin of America! At this point, I really do not care who gets the bid to run for President on the Republican side, just as long as this monster in the White House is removed from office!
He sits on the beach in Rehoboth, while our country is clearly disintegrating before our very eyes! Inflation, Compromised Military, fallacious prosecutions, and obvious corruption is denigrated our Republic! Folks, the situation is in “extremis”! Something must be done!
I happen to vehemently and publicly be opposed to the entire Biden operation. I happen to be a Roman Catholic. I am Pro Life. I am a grandfather who is opposed to Critical Race Theory and gender politics in our schools. I wonder if I will be investigated by the FBI and the corrupt DOJ?
There is no doubt we live in a corrupted, Banana like Republic that is compromising our freedoms. THIS CANNOT BE ALLOWED TO STAND!
What do you think? As always your feedback is welcome and appreciated!
Sincerely yours,
JUDSON Bennett-Coastal Network
Dear Friends, Most all of you know that I’m joyful that justice is finally prevailing in the Hunter Biden case. The man who may bring down the Presidency of his father deserves to pay for his crimes and is facing charges. Let us see if justice truly prevails with Hunter and boy do I hope it does!
Why through are Andre Bouchard and Leo Strine allowed to escape justice without having to either pay for their misdeeds while in public office?! Or answer for their misconduct in the same manner in which Hunter Biden, or even Donald Trump, are being made to do?
Are Bouchard and Strine above the law? How can these Chancery Court kingpins not face charges for the injustice they brought upon our once-beloved court? As I see it, folks, both have countless legal transgressions and both somehow escaped justice for countless allegations of corruption, for which they have never even denied?! Please see the Financial Times story below about the Biden case. Fascinating. When it comes to Bouchard and Stine. Devastating.
Please send your feedback. It is always welcome and appreciated. Respectfully Yours, JUDSON Bennett–Coastal Network
Lawyer withdraws from Hunter Biden case in fresh legal twist
Christopher Clark may become a witness as president’s son faces federal criminal charges
A lawyer defending US President Joe Biden’s son Hunter in a federal criminal case is seeking to withdraw as counsel because he might become a witness, marking the latest turn of events in fraught legal proceedings.
Christopher Clark on Tuesday filed a motion in a Delaware court requesting to be removed from the case involving tax and firearm charges, to which Hunter Biden has pleaded not guilty.
The case against Hunter Biden seemed near a conclusion last month, after he had agreed to plead guilty to two misdemeanour counts of wilful failure to pay federal income tax. He had also agreed to enter a “pretrial diversion agreement” in relation to a separate charge accusing him of possessing a firearm as an unlawful or addicted user of a controlled substance.
But in a surprise move, a judge in Delaware questioned the terms of the deal after raising questions about the firearm offence.
Federal prosecutors said in a court filing last week that further plea negotiations with Hunter Biden were now “at an impasse” and that they believe the “case will not resolve short of a trial”.
The negotiation and drafting of the collapsed agreement appears to be “contested”, Hunter Biden’s lawyers said in a court filing on Tuesday. Should that become the focus of future battles, Clark could run afoul of the “witness-advocate rule”, the filing said, which bars lawyers from acting as counsel for cases in which they may also be called to testify.
Clark is a “percipient witness to those issues”, the filing said. Hunter Biden’s legal team stressed that he still has ample representation. That includes Abbe Lowell, another lawyer who said at the weekend that a trial was “not inevitable”.
US prosecutors said in a court filing on Tuesday that they did not “renege” on the plea agreement, detailing a back-and-forth exchange with Hunter Biden on different proposals in recent weeks until “the parties were at an impasse”.
US attorney-general Merrick Garland last week named David Weiss — the US attorney for the district of Delaware who has led the criminal probe into Hunter Biden so far — as special counsel, raising the stakes in the politically sensitive case and giving Weiss greater independence to pursue his investigation.
Garland at the time said he had made the appointment at Weiss’s request, in light of the “extraordinary circumstances relating to this matter”. He added that the investigation remained ongoing.
In his motion, Clark said his withdrawal would not “cause a substantial hardship to Mr Biden because counsel from the other firms that have entered an appearance will continue to represent Mr Biden in this matter”.
A representative for Hunter Biden declined to comment.
The case has become politically difficult for Joe Biden, who is campaigning for a second term in 2024. Republicans have seized on the Hunter Biden charges to allege corruption within the president’s family and have launched separate investigations in Congress.
OPINION
Georgia Indictment of Former President Donald Trump Outrageous!
Dear Friends,
Political Pundits, Radio Talk Show Hosts, The Drive By Media, and Most Major TV Networks are all salivating at the unprecedented indictment of former President Donald Trump by the Fulton County, Georgia DA. Basically Trump is being charged for objecting to the Georgia political operation, while seeking votes through a telephone conversation with the Georgia Secretary of State. Trump faces innumerable years in prison if convicted.
This is now Trump’s 4th indictment and has created a treacherous road for the former President, clearly restricting his 1st Amendment rights. The amazing coordination of the 4 Democrat indictments of Trump combining federal and state Indictments to hurt his political chances are interesting. All the cases have serious problems, but will definitely be eventually overturned by the Supreme Court!
Never in my life have I seen such dictatorial operations by any former American government. We actually might see a future President operate from a jail cell. God help us folks. These actions cannot stand and the very basis of the US Justice System and the Rule of Law has been seriously compromised.
What do you think? As always, your feedback is appreciated.
My columns last week on the insane Whopper Fees. justified by Delaware Chancery Court Vice Chancellor Travis Laster, calling Delaware “different”, backing outrageous theft of nearly 27% in fees in the $1 Billion Dell case in Delaware Highway robbery crime we sadly see from the Chancery Court.
Some of the feedback you sent:
“Laster is not just showing poor leadership. He’s showing his extreme bias! Is there no retribution? No price to pay for this legalized crime?” -Samantha D.
“267 MIllion?? How is that ever justified? How and why is this allowed in our state?! -Louis L.
“Escalating greed keeps reeking, Judson.” Georgia P.
“Laster showing that he’s part of the problem, if not THE problem. He should be fired! -John W.
“The percentage these lawyers are getting is out of control. It’s more than credit card companies or the Mafia would get. How is this legal??” -Thomas M.
“Why wouldn’t these companies and lawyers sue for obscene amounts? $1 billion? $267 million? Take it if you can get it. From all sides. The rest of us are just spectators in this circus of a court we have.” -Barabara P.
“I feel like you keep writing crazy things about this Chancery Court and I honestly think you’re exaggerating, like a cartoon, it can’t be real. The stakes keep getting higher and this court runs itself. No one in Delaware seems to care at all. I’ll keep reading this crazy s–t, Judson.” -Robert W.
Keep your feedback coming in on this, folks. Thank you! Your comments are welcome and appreciated.
Innumerable Bank accounts, some offshore, dispensing millions of dollars from Russia, China, and Ukraine to Bidens ?
Dear Friends,
What are people to think as the evidence mounts with Congress finding one bank account after another, paying millions to various members of the Biden family from Russia, China, and Ukraine?? Combined with Hunter’s activities, testimony from former business partners, and the valid, notorious laptop, all indicate a well-organized, money laundering scheme for the purpose of covering up Joe Biden’s influence peddling and extensive, criminal activity. Folks the walls are closing in on Joe Biden’s extreme corruption!
The nefarious words from brother Jim Biden, when asked how he gets away with this outrageous activity, “Plausible Deniability”, no longer applies in the wake of the mounting evidence.
Folks, it truly appears, our President of the United States has violated his oath of office, is guilty of high crimes, and must be impeached! How much longer are we the people going to tolerate these outrages? I urge you to contact your Representative and demand that impeachment proceedings commence immediately!
What do you think? As always, your feedback is welcome and appreciated.
Sincerely yours,
Judson Bennett-Coastal Network
OPINION
Dear Friends,
Folks, you all know how much I despise the Chancery Court and the arrogance and cronyism and the Good Old Boy network that prevails from within that crooked courthouse.
See the news below from Citizens for Judicial Fairness that sums it up in pointed criticism that needs to be shouted about this unjust, crooked, corrupt court. That’s how I see it! I don’t know how anyone else can see it?!! It has me questioning whether justice will prevail in the Chancery Court ever again??!
Please send me your feedback on this outrageous development, folks. It’s welcome and appreciated.
Citizens for Judicial Fairness Slams Latest Chancery Court Decision to Reject Skadden Fee Challenge in TransPerfect Case
August 09, 2023 09:43 AM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, following reporting that the Chancery Court has rejected TransPerfect’s latest challenge to Custodian Skadden Arps’ unreasonable billing practices, Citizens for Judicial Fairness released the following statement:
“Today, the Delaware Chancery Court served up healthy doses of arrogance and condescension to go alongside its routine rulings that protect self-dealing legal elites. TransPerfect simply seeks to end the Chancery’s boundless fleecing of the company’s employees, customers and shareholders in the form of outrageous legal fees that fill the pockets of the court’s cronies. Not only did the Court not even deign to seriously consider TransPerfect’s pursuit of justice, it instead huffed and puffed in exacerbation at being asked to stop this court-sanctioned highway robbery.
“It’s no surprise that the most crooked court in America would rule yet again that corrupt custodianships can continue with impunity to bleed dry a smashing, modern day American business success story — but can’t they at least try to mask the breathtaking corruption that’s making them and their insider buddies rich? The general public and those who come before the court seeking a fair shake would no doubt appreciate the Chancellors at least try to pretend they aren’t there to stuff their faces at the cash trough while everyone else waits for some shred of justice to be done.”
OPINION
Dear Friends, Folks, the $267 Million in Whopper Fees, blatantly backed by Delaware Chancery Court Vice Chancellor Travis Laster, who calls Delaware “different”, backing outrageous theft of nearly 27% in fees in the $1 Billion Dell case in Delaware.
This is almost certainly from the old Chancery playbook: Enrich your friends. That’s how I see it, folks. Even Alison Frankel of Reuters, writes in the story below, “the median fee award is 10.5% in federal court securities class actions,” not the nearly 27% in Laster’s “different” Delaware, which is like stealing from litigants, in my view.
The corruption and Good Old Boys Network cronyism is being thrown in everyone’s face by Laster, showing poor leadership. Delaware’s Chancery Court thinks it’s above all. Until our governor or legislators call them out on this, this awful corruption and greed won’t stop in America’s First State.
So much feedback has already rolled in, I wanted to again share this Reuters story below, highlighting the millions and gross percentages. Keep your feedback coming folks! It is always appreciated. Respectfully Yours, JUDSON Bennett-Coastal Network
(Reuters) – If you were a plaintiffs’ lawyer who obtained a billion-dollar settlement in a securities class action in federal court, you’d be lucky to be awarded $150 million in fees. It’s more likely that your fees from the megafund recovery would be between $100 million and $120 million, or 10% to 12%.
That number reflects a distinct trend in securities class actions in federal court: As shareholders’ recovery goes up, the percentage of the recovery fund that is awarded to their lawyers goes down. When the settlement is for less than $500 million, plaintiffs’ fees typically range between 25% to 33%. That number drops to less than 18% for settlements between $500 million and $1 billion. Above $1 billion, the median fee award is 10.5% in federal court securities class actions.
But the plaintiffs’ firms that obtained a billion-dollar settlement last November with Dell (DELL.N) and its controlling shareholders were not litigating in federal court. Their breach of duty case over a controversial stock swap was in Delaware Chancery Court.
And in a 92-page opinion on Monday, Vice Chancellor Travis Laster reminded all involved that Delaware is different.
The vice chancellor awarded the plaintiffs firms that litigated the Dell case to the eve of trial – Labaton Sucharow; Quinn Emanuel Urquhart & Sullivan; Andrews & Springer; Robbins Geller Rudman & Dowd; and Friedman Oster & Tejtel – 26.67% of the class recovery. That wasn’t quite the 28% requested by shareholder lawyers, but it still works out to a cool $266.7 million – seven times their lodestar billings of about $39.5 million and the second-highest fee ever granted in Delaware Chancery Court.
The $266.7 million Dell award is topped only by a $285 million fee affirmed by the Delaware Supreme Court in 2012’s Americas Mining Corporation v. Theriault — and shareholders’ recovery in that case was more than $2 billion.
That was not the outcome sought by several investment funds, led by Pentwater Capital Management, that objected to plaintiffs’ counsel’s fee request. The funds, which collectively own shares totaling more than a quarter of the class that settled with Dell, called for Laster to apply the “declining percentage” principle that predominates in federal securities cases. The funds did not specify what an appropriate percentage would be but cited the 10.5% median award for billion-dollar settlements in federal court.
Five eminent securities law professors also weighed in with an amicus brief explaining why the declining-percentage approach is both economically rational and an appropriate reflection of the lower risk to plaintiffs’ lawyers who litigate the biggest cases. The professors and their counsel, Anthony Rickey of Margrave Law, said a 15% award to the Dell shareholder lawyers would be more suitable than a 28% award. (Oddly, Laster speculated that the law professor had been “recruited” by Pentwater and the other objectors, even though he docketed a letter in April asking about legal scholarship on declining percentage fees. “If the professors were recruited by anyone, it was by the vice chancellor,” said Joseph Grundfest of Stanford Law School, who was one of the amici.)
Laster’s discursive decision explores a lot of interesting terrain, including a discussion about fees for investment fund managers who, Laster noted, are not expected to accept a lower percentage of profits when they have an exceptionally good year. The vice chancellor also examined hundreds of contingency fee agreements submitted at his direction by plaintiffs’ firms in the Dell case. Those agreements, he said, “fully support” a 26.7% award.
But mostly, Laster emphasized that Delaware precedent — and the unique challenges of litigating breach-of-duty claims in Delaware courts — justifies higher fees for plaintiffs’ lawyers who don’t settle early. In federal securities class actions, Laster said, the risk for plaintiffs’ lawyers drops drastically if the case survives defense dismissal motions. And the biggest securities fraud cases, he said, often follow criminal or regulatory investigations that make it easier for plaintiffs’ lawyers to assess their odds of success.
That’s generally not true for M&A breach-of-duty cases, Laster said. Shareholder claims are more likely to require independent investigation and to be litigated well beyond dismissal motions. Even winning at trial is no guarantee of success, the vice chancellor said, since Delaware’s Supreme Court has in the last several years overturned at least four post-trial money judgments for shareholders.
The Delaware Supreme Court, Laster said, acknowledged in the Americas Mining decision that fee awards should reflect the extent of plaintiffs’ progress in the litigation. A 33% award, the Supreme Court said, is reserved for cases litigated through trial and appeals. Fees in cases that settle early, the court said, are generally in the 10-15% range. Settlements that follow significant motions practice and depositions usually result in fees that range between 15-25%.
Laster used those guidelines, which he called the “stage-of-case” approach, to settle on a 26.67% award for the Dell shareholder lawyers, who settled a few weeks before trial. That figure, he said, left room for courts to award higher percentages to lawyers who take on the extra risk of litigating through trials and appeals.
Five eminent securities law professors also weighed in with an amicus brief explaining why the declining-percentage approach is both economically rational and an appropriate reflection of the lower risk to plaintiffs’ lawyers who litigate the biggest cases. The professors and their counsel, Anthony Rickey of Margrave Law, said a 15% award to the Dell shareholder lawyers would be more suitable than a 28% award. (Oddly, Laster speculated that the law professor had been “recruited” by Pentwater and the other objectors, even though he docketed a letter in April asking about legal scholarship on declining percentage fees. “If the professors were recruited by anyone, it was by the vice chancellor,” said Joseph Grundfest of Stanford Law School, who was one of the amici.)
Laster’s discursive decision explores a lot of interesting terrain, including a discussion about fees for investment fund managers who, Laster noted, are not expected to accept a lower percentage of profits when they have an exceptionally good year. The vice chancellor also examined hundreds of contingency fee agreements submitted at his direction by plaintiffs’ firms in the Dell case. Those agreements, he said, “fully support” a 26.7% award.
Shareholder lawyers from Labaton, Quinn, Robbins Geller and the other two firms did not respond to my query on Laster’s ruling.
Pentwater, which is represented by Stephen Brauerman of Bayard, said in an email statement that it intends to appeal Laster’s ruling to the Delaware Supreme Court.
The decision, “places Delaware in conflict with federal courts,” Pentwater said. “The Court of Chancery decided to take $266 million away from victims and give it to [plaintiffs’] attorneys. We believe that this was wrong.”
Stanford’s Grundfest pointed out that in the Americas Mining case that Laster cited throughout his Dell decision, the Delaware Supreme Court approved a fee award of just 15% of the class recovery — and shareholders in that case litigated through trial and appeal.
A dissenting justice in that decision, Grundfest said, criticized Chancery Court for basing the fee award on “its own world views on incentives, bankers’ compensation and envy.”
Laster, Grundfest said, may well see those same words in the objectors’ appeal in Dell.
OPINION Delaware Chancery Court Vice Chancellor Travis Laster Says “Delaware is Different”to Try to Justify Highway Robbery, Sky-High, Whopper Lawyer Fees!
Dear Friends,
Well, folks, at this point, the blatant corruption and Good Old Boys Network cronyism is being flat-out flaunted by Delaware Chancery Court Vice Chancellor Travis Laster, who told all involved that Delaware is different. It’s different here, he says, we can award Whopper Fees, two or three times what others would get, because Delaware is Different, is what I hear him saying, we can pick your pocket in broad daylight, we can trade favors right in front of you whenever we want, because Delaware is Different.
The bottom line, as you read the story below about this awful corruption, is that Delaware’s Chancery Court is arrogant, greedy and downright criminal in my estimation, folks, because it is entitled by a Governor without a backbone and a flaccid legislature that won’t stand up to these arrogant crooks and tell them to stand down and do what’s right and fair in America’s First State. Read the story below, eloquently written by Reuters reporter Allison Frankel, and tell me what you think of this runaway corruption! Please send your feedback. It is always appreciated and welcome here at the Coastal Network.
(Reuters) – If you were a plaintiffs’ lawyer who obtained a billion-dollar settlement in a securities class action in federal court, you’d be lucky to be awarded $150 million in fees. It’s more likely that your fees from the megafund recovery would be between $100 million and $120 million, or 10% to 12%.
That number reflects a distinct trend in securities class actions in federal court: As shareholders’ recovery goes up, the percentage of the recovery fund that is awarded to their lawyers goes down. When the settlement is for less than $500 million, plaintiffs’ fees typically range between 25% to 33%. That number drops to less than 18% for settlements between $500 million and $1 billion. Above $1 billion, the median fee award is 10.5% in federal court securities class actions.
But the plaintiffs’ firms that obtained a billion-dollar settlement last November with Dell (DELL.N) and its controlling shareholders were not litigating in federal court. Their breach of duty case over a controversial stock swap was in Delaware Chancery Court.
And in a 92-page opinion on Monday, Vice Chancellor Travis Laster reminded all involved that Delaware is different.
The vice chancellor awarded the plaintiffs firms that litigated the Dell case to the eve of trial – Labaton Sucharow; Quinn Emanuel Urquhart & Sullivan; Andrews & Springer; Robbins Geller Rudman & Dowd; and Friedman Oster & Tejtel – 26.67% of the class recovery. That wasn’t quite the 28% requested by shareholder lawyers, but it still works out to a cool $266.7 million – seven times their lodestar billings of about $39.5 million and the second-highest fee ever granted in Delaware Chancery Court.
The $266.7 million Dell award is topped only by a $285 million fee affirmed by the Delaware Supreme Court in 2012’s Americas Mining Corporation v. Theriault — and shareholders’ recovery in that case was more than $2 billion.
That was not the outcome sought by several investment funds, led by Pentwater Capital Management, that objected to plaintiffs’ counsel’s fee request. The funds, which collectively own shares totaling more than a quarter of the class that settled with Dell, called for Laster to apply the “declining percentage” principle that predominates in federal securities cases. The funds did not specify what an appropriate percentage would be but cited the 10.5% median award for billion-dollar settlements in federal court.
Five eminent securities law professors also weighed in with an amicus brief explaining why the declining-percentage approach is both economically rational and an appropriate reflection of the lower risk to plaintiffs’ lawyers who litigate the biggest cases. The professors and their counsel, Anthony Rickey of Margrave Law, said a 15% award to the Dell shareholder lawyers would be more suitable than a 28% award. (Oddly, Laster speculated that the law professor had been “recruited” by Pentwater and the other objectors, even though he docketed a letter in April asking about legal scholarship on declining percentage fees. “If the professors were recruited by anyone, it was by the vice chancellor,” said Joseph Grundfest of Stanford Law School, who was one of the amici.)
Laster’s discursive decision explores a lot of interesting terrain, including a discussion about fees for investment fund managers who, Laster noted, are not expected to accept a lower percentage of profits when they have an exceptionally good year. The vice chancellor also examined hundreds of contingency fee agreements submitted at his direction by plaintiffs’ firms in the Dell case. Those agreements, he said, “fully support” a 26.7% award.
But mostly, Laster emphasized that Delaware precedent — and the unique challenges of litigating breach-of-duty claims in Delaware courts — justifies higher fees for plaintiffs’ lawyers who don’t settle early. In federal securities class actions, Laster said, the risk for plaintiffs’ lawyers drops drastically if the case survives defense dismissal motions. And the biggest securities fraud cases, he said, often follow criminal or regulatory investigations that make it easier for plaintiffs’ lawyers to assess their odds of success.
That’s generally not true for M&A breach-of-duty cases, Laster said. Shareholder claims are more likely to require independent investigation and to be litigated well beyond dismissal motions. Even winning at trial is no guarantee of success, the vice chancellor said, since Delaware’s Supreme Court has in the last several years overturned at least four post-trial money judgments for shareholders.
The Delaware Supreme Court, Laster said, acknowledged in the Americas Mining decision that fee awards should reflect the extent of plaintiffs’ progress in the litigation. A 33% award, the Supreme Court said, is reserved for cases litigated through trial and appeals. Fees in cases that settle early, the court said, are generally in the 10-15% range. Settlements that follow significant motions practice and depositions usually result in fees that range between 15-25%.
Laster used those guidelines, which he called the “stage-of-case” approach, to settle on a 26.67% award for the Dell shareholder lawyers, who settled a few weeks before trial. That figure, he said, left room for courts to award higher percentages to lawyers who take on the extra risk of litigating through trials and appeals.
Five eminent securities law professors also weighed in with an amicus brief explaining why the declining-percentage approach is both economically rational and an appropriate reflection of the lower risk to plaintiffs’ lawyers who litigate the biggest cases. The professors and their counsel, Anthony Rickey of Margrave Law, said a 15% award to the Dell shareholder lawyers would be more suitable than a 28% award. (Oddly, Laster speculated that the law professor had been “recruited” by Pentwater and the other objectors, even though he docketed a letter in April asking about legal scholarship on declining percentage fees. “If the professors were recruited by anyone, it was by the vice chancellor,” said Joseph Grundfest of Stanford Law School, who was one of the amici.)
Laster’s discursive decision explores a lot of interesting terrain, including a discussion about fees for investment fund managers who, Laster noted, are not expected to accept a lower percentage of profits when they have an exceptionally good year. The vice chancellor also examined hundreds of contingency fee agreements submitted at his direction by plaintiffs’ firms in the Dell case. Those agreements, he said, “fully support” a 26.7% award.
Shareholder lawyers from Labaton, Quinn, Robbins Geller and the other two firms did not respond to my query on Laster’s ruling.
Pentwater, which is represented by Stephen Brauerman of Bayard, said in an email statement that it intends to appeal Laster’s ruling to the Delaware Supreme Court.
The decision, “places Delaware in conflict with federal courts,” Pentwater said. “The Court of Chancery decided to take $266 million away from victims and give it to [plaintiffs’] attorneys. We believe that this was wrong.”
Stanford’s Grundfest pointed out that in the Americas Mining case that Laster cited throughout his Dell decision, the Delaware Supreme Court approved a fee award of just 15% of the class recovery — and shareholders in that case litigated through trial and appeal.
A dissenting justice in that decision, Grundfest said, criticized Chancery Court for basing the fee award on “its own world views on incentives, bankers’ compensation and envy.”
Laster, Grundfest said, may well see those same words in the objectors’ appeal in Dell.
OPINION
Dear Friends,
I have never seen anything like what is happening in our country. The Department of Justice in connection with the FBI is without a doubt attempting to protect President Joe Biden in all ways from prosecution including covering up crimes by his son Hunter. The evidence of severe influence peddling by the administration is overwhelming—clearly compromising our national security. Whistle blowers, innumerable bank accounts, testimony by former business partners and much more has been presented to the congress and now the American people. Additionally, federal law enforcement has clearly been weaponized against the political opponents of the Biden administration, concerned parents of school children, the Catholic Church, and now the unprecedented indictments of former President Donald Trump.
The obvious attempt by lightweight Delaware US Attorney David Weiss in collusion with attorneys for Hunter Biden to slip by an unprecedented, sweetheart plea bargain should indicate just how awful things really are, as I see it, folks. Fortunately, the Judge in the case figured this out and upended the plea bargain. Attempts to organize another Plea deal are in the works. Outrageous?
In the meantime former President Donald Trump has been indicted in various venues in a nefarious attempt to prevent him from running for President. What will finally happen is of great concern? I am afraid Trump will be found guilty of something, although most likely be exonerated by the Supreme Court, while Biden escapes prosecution or Impeachment? The damage that is being done to our country by the Biden administration and the Democrat party is beyond normal comprehension.
Folks, we are in great danger and in a major crisis that could thrust us into an Orwellian system that we will not like.
That is the way I see it. What do you think?
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett- Coastal Network
OPINION
Dear Friends,
Finally it appears that a Delaware Federal Judge has derailed Hunter Biden’s Sweetheart Plea Bargain, leaving him open to further prosecution and possible jail time. What concerned the Judge was the fact that this absurd arrangement protected Biden from further prosecution when in fact he may be guilty of more serious crimes that involve the President. She was not about to sign-off on this unjust political arrangement.
Having clearly been involved in the outrageous influence peddling of his father’s office, compromising our national security, and violating innumerable foreign and domestic laws, Hunter Biden was obviously being protected by a corrupt DOJ and FBI, whose front-guy, lightweight, Delaware U.S. Attorney, David Weiss allowed this biased deal to go through in the first place. I would say a bunch of people have serious eggs all over their faces right now. The Judge was also concerned over Hunter’s gun violations stating that no jail time for his crime was unprecedented.
This situation could now open up more investigations and serious considerations of collusion involving Hunter’s incompetent and corrupt father, the President of the United States, Joe Biden, who has sold us out.
I give tremendous credit to the Delaware Judge who had the courage to stand up for justice and is not about to stand for this Banana Republic-like operation, which compromises our entire system.
The walls are closing in on the Biden crime family and hopefully the American people will see the light and vote this grotesque administration out of office. During the interim, Hunter is not allowed to drink alcohol, take drugs, or carry a weapon. He is also required to get a job. Staying sober might be extremely difficult for this Biden dilatant, who has enjoyed a distinct double standard of political privilege.
So be it! Stay tuned, folks. Let me know what you think as this fluid situation develops accordingly.
This has to be said and must be echoed throughout the country. Joe Biden is incompetent and seriously compromised in all ways. The man is guilty as hell of influence peddling. The evidence is so overwhelming that he must be impeached. The Southern border is completely compromised and our immigration laws are being violated by Biden’s orders. He must be impeached.
Thousands of Americans have died from Fentanyl poisoning as a result of Biden’s absolute incompetence and he should be charged with treason. The problems Biden has created with his policies are unprecedented.
Biden’s absolute, moronic dedication to the fallacious GREEN DEAL will break our country and send us into financial chaos and a weakened military. China is building a coal plant a week, pumping up its military, hoarding oil, while Biden wants to outlaw gas stoves, air conditioning units, dishwashers, and gas-powered cars.
Biden intends to destroy female sports by making transgender males who want to be women able to compete against weaker females? How any woman can vote for this idiot is beyond me?!
Biden is a crook and has sold this country out! He has weaponized the DOJ, FBI, and IRS to attack his political opponents. Impeach him, then put him in jail where he belongs!
Folks, if this man is re-elected to the most powerful position on earth in the greatest country on earth, the United States – a place that should provide life, liberty, and the pursuit of happiness – will evolve into a socialist hell hole – an Orwellian society of mediocrity and darkness.
That is my opinion and the way I see it. Your comments are always welcome and appreciated.
Guys like Elon Musk are smart enough to stay the hell out of Delaware. He knew to incorporate his new artificial intelligence (AI) company in Nevada, as you’ll see in the story below, NOT Delaware, where the Chancery Court can pick your pocket and rule however they damn well please, as I see it, folks.
If you are incorporated in Delaware and are unlucky enough to have litigation there, you’ll likely suffer, as many companies have suffered in Delaware’s Chancery Court, including CITGO & TransPerfect. Smart companies and executives, like Musk, now know to stay away.
It seems that nothing can stop the atrocious greed, unjust decisions, and obvious conflicts we continue to see in Delaware’s Chancery Court in so many cases. Why doesn’t our legislative branch act?!
What do you think of Delaware’s Chancery Court? Please send your feedback. Whether you agree or disagree, it’s welcome and appreciated.
Elon Musk’s multiple ventures and the relationships between them are facing increased scrutiny as the Tesla CEO continues to add more to his plate.
During Tesla’s second-quarter earnings call on Wednesday, Truist analyst William Stein asked Musk about yet another tech venture he has started up and incorporated in Nevada: xAI. Musk recently said that the artificial intelligence startup aims to compete with Google Bard or OpenAI’s ChatGPT someday, and plans to collaborate with Tesla on software and silicon alike.
Stein asked him, “For investors that think there might be quite a bit of value in the AI features and products of Tesla, it might be concerning to see you pursuing another endeavor where AI is the focus. Can you talk about how xAI might overlap, might perhaps compete with Tesla or in other ways perhaps it enhances the value of what Tesla does?”
Musk claimed that xAI and its focus artificial general intelligence on would bring some value to Tesla, and talked about recruiting as an example.
“There were just some of the world’s best AI engineers and scientists that were willing to join a startup but they were not willing to join a large, sort of relatively established company like Tesla.” He added, “So I was like, OK well, better it’s a startup that I run than they go work somewhere else. That’s kind of the genesis of xAI.”
In addition to the xAI example, he said he was only able to entice a top materials science engineer away from his job at Apple by promising the engineer could work concurrently for SpaceX and Tesla. The engineer in question, Charles Kuehmann, joined Tesla in late 2015 and now holds the title of vice president of SpaceX and Tesla materials engineering, reporting directly to the CEO.
The issue of Musk and his multiple ventures also came up earlier this month, when Sen. Elizabeth Warren, D-Mass., urged the Securities and Exchange Commission to investigate its Twitter ties and related corporate governance issues.
Musk led a $44 billion buyout of the social media company last year and appointed himself CEO there temporarily. He is now the controlling shareholder, CTO and executive chair of Twitter while holding down the CEO role both at Tesla and at his aerospace and defense company, SpaceX. He’s also the founder and funder at the brain-computer interface startup Neuralink and tunneling venture The Boring Co.
Tesla is the only public company among the bunch. And it has never disclosed to shareholders exactly how much talent, time and money it has spent helping Musk at his other ventures, or why sending people over to Twitter would comprise a reasonable use of Tesla resources. Musk previously enlisted Tesla, SpaceX and The Boring Co. employees to assist him with his Twitter takeover, as CNBC reported.
At least one senior Tesla employee has jumped ship to Musk’s X Corp., the parent company of Twitter. Court filings revealed that Dhruv Batura, who had worked at Tesla since late 2013 and was a senior manager of business operations finance there, is now a senior director of finance at X Corp. Batura was posting job ads for X Corp. on Twitter on the day of Tesla’s second-quarter earnings report.
In a May 2023 proxy filing, Tesla did disclose a few details about its related party transactions. Among these, Tesla revealed that “Twitter is party to certain commercial and support agreements with Tesla. Under these agreements, Twitter incurred expenses of approximately $1.0 million in the aggregate in 2022 and $0.4 million in 2023 through February.” Tesla hasn’t said what, exactly, Twitter is buying from the company.
Risks include lack of focus, employee burnout
According to London Business School professor of organizational behavior, Randall S. Peterson, “Musk is making a convoluted argument in saying ‘I am helping Tesla by keeping these great people from joining a competitor.’ It’s a counter-factual you cannot ever really test or challenge in an investigation.”
Most startups fail, Peterson noted, and people who want to create startups were probably not likely to join Tesla’s direct competitors in the automotive industry.
Peterson said Musk’s many ventures can create risks for Tesla, and shareholders should seek more details.
“It’s hard to focus on and excel at any one thing when you run multiple companies,” Peterson said. “That’s a risk around the CEO himself. Would most companies’ shareholders tolerate their CEO running several other companies at the same time? The answer to that is probably no. So that raises a question of what the Tesla board is doing, whether they are independent at any level, or are so enamored of Musk that they not only tolerate his unusual way of working, but might be missing significant fundamental problems as long as the money keeps coming.”
Boards at companies that have ended up in crisis, like Enron and the Royal Bank of Scotland, failed to rein in their CEOs despite signs of problems for many quarters, he noted.
Another risk, Peterson said, is that Musk’s employees may feel pressure to work on many projects at once for him concurrently, outside of Tesla. In a quest to please him or rack up new work experience, employees may fail to recuperate from their work and burnout. Burnout, he said, can lead to high attrition or poor performance.
Finally, the professor noted, Musk may be creating distractions that impede focus among his employees, even if his intention is to cross-pollinate among his businesses.
“You need to be super-focused to be the best at something, both as an individual and as a corporation. That’s the reason we have seen a trend away from conglomerates which were big in the 70s to companies that are more focused today,” the professor said.
Still, Musk appears to be doubling down on unapologetic collaborations between companies in his growing empire.
On Wednesday’s call, he was asked to give an update on Tesla’s progress developing a humanoid robot dubbed Optimus. Musk waxed on in a futuristic vein, saying that Tesla may one day collaborate with Neuralink to make robotic, prosthetic arms and legs to help amputees return to full mobility or dexterity.
Tesla did not immediately respond for a request for comment. Twitter responded with an automated reply containing a crude symbol.
— CNBC’s Rohan Goswami contributed reporting.
OPINION
Dear Friends,
Just a few brief comments, I feel obligated to make, in the wake of Joe Biden’s obvious incompetence in all areas. This includes the bias and special deal for crackhead son Hunter, the apparent weaponization of the FBI against Republicans, the FBI investigations of parents of school children and pro life Christians ordered by AG Garland??? YIKES Folks!
Additionally, in my view, the clear evidence concerning Biden’s influence peddling schemes that show his criminal activity are clearly mounting and again the DOJ and FBI appear to be covering it up .
Throughout the law, it is stated that the appearance of an impropriety is as bad as the impropriety itself. The DOJ and the Secret Service all appear to be compromised and are dedicated to covering up Biden’s criminal activity ?
Now a bag of cocaine has been discovered in the West Wing of the White House. The Secret Service, after a limited 10 day investigation, claims it has no suspects. I say BS and it appears another cover up is happening????
Have all staff members been interviewed? Have they been required to take lie-detector tests? Has drug addicted son Hunter Biden been interviewed? He was in the White House all day on Friday. No specific information has been forthcoming.
Folks, it never ends, and the Executive Branch of Biden’s Government operates more and more like a Banana Republic.
COCAINE IN The WEST WING OF THE WHITE HOUSE–AND NO SUSPECTS???? SHAMEFUL!!
In my recent article about Elon Musk suing Wachtell for charging $90 million in legal fees, I was misinformed about it being in Delaware’s Chancery Court. The case is being handled in California.
I sincerely apologize for my mistake.
Regardless, although I was in error in the location of this interesting development, it does not change the atrocious greed, unjust decisions, and obvious conflicts we saw in Delaware’s Chancery Court in so many cases, nor does it change the need, in my view, for legislative change in the operation and power of Delaware’s Chancery Court.
Again, sorry for my error; I am acutely embarrassed, as I pride myself on my accurate research. Indeed, it won’t happen again.
Delaware U.S. Attorney David Weiss: A History of Incompetence and Possible Prosecutorial Overreach in Prior Cases?
Dear Friends,
I recently sent you an article I wrote about Delaware U.S. Attorney David Weiss who apparently has given Hunter Biden the sweetheart deal of the century. I also suggested that it seems to me that Weiss has been protecting the Bidens intentionally, clearly delaying prosecution for 5 years, and possibly being compromised by the Department of Justice? Weiss denies that concern and says he was in total control.
His actions affected the 2020 election and most likely helped Joe Biden win, as the public was denied the truth. Regardless, I believe Weiss is clearly suspect, incompetent, possibly dishonest, lacking character and the positive ethics that should be the makeup of a U.S. Attorney.
Apparently, following acute problems with the financial operation of the Wilmington Trust Company, Weiss wrongfully prosecuted executives of this bank. Reliable sources have told me the prosecution was outrageous and borderline criminal in Weiss’s absurd efforts to convict those wrongfully accused. Using the race card, Weiss was able to get a conviction. He ruined the lives of those prosecuted.
However, it took the appeals court 10 minutes to overturn the conviction!!! This quote is from the defendant’s attorney:
“The government’s pursuit of Mr. North was misguided from the beginning and we made it clear to the government ten years ago that this case was an atrocious waste of time and resources,” North’s attorney, David Wilks, said in an email Tuesday. “On top of that, four innocent people’s lives have been destroyed.”
Folks, it is obvious to me and is my personal opinion, that Delaware U.S. Attorney David Weiss is an incompetent wretch at the best and an evil facilitator at the worst who tried to ruin innocent folks lives by abusing his power in the past and now appears to be protecting criminal activity by the President of the United States and his son Hunter??
Please read the article below which explains the past case and history which involved David Weiss as a very wrongful prosecutor whose case was overturned.
As always your feedback is welcome and appreciated.
Feds dropping case against former Wilmington Trust execs
BY RANDALL CHASE
Published 6:55 PM EDT, July 6, 2021
DOVER, Del. (AP) — After being dealt a stunning setback by an appeals court, federal prosecutors in Delaware have declined to retry four former executives for the only financial institution to be criminally charged in connection with the federal bank bailout program in the wake of the 2008 financial crisis.
U.S. Attorney David Weiss said in statement issued Tuesday that his office has opted not to retry the former Wilmington Trust executives on fraud and conspiracy charges.
Weiss attributed the decision to the difficulty of obtaining new convictions, competing public safety priorities such as violent crime and the opioid investigations.
The decision came almost six months after an appeals court panel in Philadelphia reversed the convictions of the former bank executives for making false statements to federal regulators and ordered that acquittals be entered. The court also ordered a retrial of conspiracy and securities fraud charges.
The January ruling was a blow to the government’s case against former Wilmington Trust President Robert Harra Jr., former Chief Financial Officer David Gibson, former Chief Credit Officer William North and former controller Kevyn Rakowski.
“The government’s pursuit of Mr. North was misguided from the beginning and we made it clear to the government ten years ago that this case was an atrocious waste of time and resources,” North’s attorney, David Wilks, said in an email Tuesday. “On top of that, four innocent people’s lives have been destroyed.”
The four officials were convicted in 2018 of fraud, conspiracy and making false statements. The bank itself also was criminally charged but reached a $60 million settlement with prosecutors just as a trial was set to start. Wilmington Trust’s settlement included a civil forfeiture of $44 million and $16 million it previously paid to the Securities and Exchange Commission in a related lawsuit.
Harra and Gibson were sentenced to six years in prison. North received 4½ years and Rakowski was sentenced to three years. All four remained free on bail pending appeal.
Prosecutors alleged that in the wake of the 2008 financial crisis, the executives misled regulators and investors about Wilmington Trust’s massive amount of past-due commercial real estate loans before the bank was hastily sold in 2011 while bordering on collapse.
Founded by members of the DuPont family in 1903, the bank imploded despite receiving $330 million from the federal Troubled Asset Relief Program.
Prosecutors said bank officials waived millions of dollars in matured loans from reporting requirements if they were designated as “current for interest” and in the process of being extended. To ensure that loans well past their repayment dates were purportedly exempt from reporting requirements, the bank lent even more money to struggling developers just to make the interest payments.
In the fourth quarter of 2009, bank officials reported only $10.8 million in commercial loans as 90 days or more past due, concealing more than $316 million in past-due loans subject to the waiver practice, prosecutors said.
After a meeting to discuss matured loans and “how to make them go away” by year’s end, bank officials went beyond the waiver practice and decided on a mass extension that involved temporarily extending more than 800 commercial loans worth $1.3 billion, prosecutors said. In an email to Harra, North referred to certain loans as “credit turds.”
Before its 2011 fire sale to M&T Bank, Wilmington Trust raised $287 million in a 2010 stock offering, intended partly to help repay the TARP funds, while hiding the truth about its shaky financial condition from investors, prosecutors said.
Defense attorneys argued that the waiver practice had been in place for decades and was no secret. They also maintained that instructions for filing reports with the Federal Reserve and for disclosing financial information in Securities Exchange Commission filings were ambiguous, and that the term “past due” was not clearly defined.
The appeals court agreed in ruling for the defendants that the reporting requirements were ambiguous.
In a separate civil action, Wilmington Trust agreed to pay $200 million cash to settle a shareholder lawsuit alleging fraudulent concealment of billions of dollars in bad loans. Auditing firm KPMG agreed to pay an additional $10 million as part of the settlement.
Separately, a federal judge last year rejected a request by Harra and North to dismiss a civil suit filed by securities regulators. Gibson and Rakowski finalized settlements with the SEC in 2019, agreeing to pay more than $70,000 and $44,000, respectively, to the SE
OPINION
Dear Friends,
The atrocious greed we saw in Delaware’s Chancery Court’s TransPerfect case has taken hold in the Twitter takeover battle. It’s so big, Fortune magazine is covering it, as you’ll see in the story below. This time, the court has Elon Musk in the crosshairs. Such greed can’t be allowed in this once-proud court! The highway-robbery drove TransPerfect to reincorporate away from Delaware, will Musk follow??
Musk’s Twitter is saying Wachtell, in charging $90 million in three months, “violated its ethical duties… in the final days of its four-month representation when it solicited “gargantuan” bonus fees,” the Fortune story says. Will the Chancery Court do the same financial gouging to Musk and Twitter? How can this court keep gouging and getting away with it?!!
Send your feedback on this. It’s always appreciated.
Elon Musk sues law firm that led fight to make him complete Twitter takeover—and charged $90 million
BYJOEL ROSENBLATT AND BLOOMBERG
Elon Musk sued the law firm that led the court fight to make him complete his takeover of Twitter, saying it took advantage of the company while running up a $90 million bill.
Wachtell Lipton Rosen & Katz, among the most profitable firms in the US, exploited a brief, vulnerable period just as Musk was closing the $44 billion deal, according to a complaint filed in San Francisco state court by Musk’s X Corp., now the parent of Twitter.
Twitter had agreed to pay Wachtell lawyers on an hourly basis to enforce Musk’s agreement to buy the company when he tried to back out, but the firm violated its ethical duties as well as California law in the final days of its four-month representation when it solicited “gargantuan” bonus fees, according to the complaint.
The lawsuit is something of a role reversal for Musk, who is a defendant in numerous suits alleging that Twitter under his leadership allowed millions in unpaid expenses to pile up from former employees, vendors and landlords while purportedly trying to keep the company financially solvent.
Representatives of Wachtell, including William Savitt, who played a lead role in last year’s Delaware Chancery Court fight, didn’t immediately respond to a request for comment.
Twitter’s legal battle with Musk engaged dozens of lawyers on both sides for months, some charging upwards of $1,000 an hour — leading Columbia University law professor John Coffee to speculate that total legal fees could have exceeded $1 billion if the case had gone to trial.
X Corp. claims that by arranging to bill Twitter its hourly rates instead of taking the case on a contingency basis, Wachtell “undertook absolutely no risk in obtaining its mammoth success fee.” Moreover, the company’s agreement with the law firm “does not even specify the amount of the success fee, let alone any formula or percentage used to arrive at that figure,” according to the complaint.
The suit also faults “lame duck” executives at the social media platform went on a legal “spending spree” before Musk took control.
“Fully aware that nobody with an economic interest in Twitter’s financial well-being was minding the store, Wachtell arranged to effectively line its pockets with funds from the company cash register while the keys were being handed over to the Musk Parties,” according to the complaint.
The case is X Corp. v. Wachtell, Lipton, Rosen & Katz, CGC-23-607461, California Superior Court (San Francisco).
— With assistance by Caroline Hyde
OPINION
Who is DELAWARE U.S. Attorney David Weiss – Monster, Criminal, Lightweight – Compromised Over Hunter Plea Deal??
Dear Friends,
Former President Donald Trump, in my opinion, made innumerable mistakes in the people he surrounded himself with and the people he appointed to high positions, many who consistently betrayed him. Trump, as our President, had a great platform and the intestinal fortitude to deliver it. Unfortunately, he did not realize, as a true-non-politician, how intrinsically evil some of these people were. He sure knows now!
In my view, one of the worst individuals Trump appointed was Delaware U.S. Attorney David Weiss, who Trump–without serious, internal investigation–unfortunately trusted! Weiss has been carrying Biden’s water ever since he was involved in the justice system and apparently has been doing his bidding as long as Biden has been a politician, like so many high level Delaware leaders have done for years. Biden has fooled so many Delawareans, regardless of party, and in my opinion, is a truly corrupt politician, a liar, and a cheat, who has escaped scrutiny because of his charisma and the corrupt “Delaware Way” (The wink and the nod that has been going on for years in the first state). Weiss, from my reliable information, possibly operated unethically in the past and unjustly persecuted an individual at Biden’s bidding?? That is another interesting story that could eventually be exposed??? As a political pundit with thousands of readers, I am the man to do it once I have all the facts. Stay tuned.
All this being said, Weiss as the U.S. Attorney for Delaware has covered up and delayed for 5 years the investigation into Hunter Biden, for tax fraud, violation of gun laws, influence peddling involving his father (The President of the United States) and the entire Biden family. I have spoken to innumerable prosecutors and attorneys and nobody takes 5 years to investigate and prosecute these crimes. The evidence from Hunter’s Laptop and testimony from former business partners is so overwhelming, there is and has been obvious protection by Weiss in collusion with a weaponized FBI? Any logical, reasonably intelligent person would question these absurd and outrageous developments. Now Weiss has offered Hunter an unprecedented Plea Bargain, involving no jail time! Any ordinary citizen would have done serious jail time for these crimes. WHAT IN THE HELL IS GOING ON FOLKS???
Adjectives, in my opinion, that could describe Weiss at this point are as follows: Lightweight, Corrupt, Incompetent, Sycophant, Unethical, Compromised and Criminal? Which is it? Weiss claims he has the sole jurisdiction, yet credible IRS whistleblowers say he told them he did not have complete control over Hunter’s prosecution? The Whistleblowers were then removed from the investigation? AG Garland has stated Weiss was in complete charge, yet there seems to be evidence that Weiss was compromised by the DOJ? Is Weiss acting alone or is he compromised? Bottom line, if he acted alone, Weiss is an unethical, lightweight with limited character, who has given special consideration now and over the years for the Biden corruption, and will go down in history as an incompetent monster, or he has been compromised by a corrupt Department of Justice and in that case he should be impeached? Then he should be indicted and go to prison?
In a letter to Weiss from Congressman Jim Jordan where Weiss claimed he had complete control, Jordan wrote something to the effect, “ Who told you to sign this letter?” Obviously, Congress has huge concerns, and any thinking American should be outraged! Hopefully, the Congress will get to the truth.
Weiss, if indeed pressured to protect the Bidens by a corrupt DOJ, could come clean, expose the truth, negate the “Plea Deal” with Hunter, and prosecute these people to the full extent of the law; he could then become a vindicated hero? I am not holding my breath folks.
That’s the way I see it. What do you think? Your feedback is most welcome and appreciated, whether you agree or not. Let me hear from you about these amazing developments.
The Same Greed That Drove TransPerfect Away From Delaware And Elon Musk is Not Going to Take It Either
Musk Sues Former Delaware Supreme Court Justice’s Law Firm for the Outrageous $90 Million in Fees in Six Weeks!
Dear Friends,
Once again, folks, we’re seeing the same greed in Delaware’s Chancery Court that we saw in the TransPerfect case. It’s the same highway-robbery, level of greed and corruption that drove TransPerfect to reincorporate away from Delaware, in my view, folks.
The abuse is glaring and just like we saw with TransPerfect CEO Phil Shawe, Elon Musk is not going to take it either!
Musk is suing former Delaware Supreme Court Justice Leo Strine’s Wall Street firm Wachtell Lipton. As I see it, Strine brought his avarice, greed and corruption to the firm. They racked up an outrageous $90 million in fees over just six weeks!!
When the insane $90 million bill arrived, it was so shocking that a Twitter board member messaged “O My Freaking God” to the company’s general counsel.
Please see the Financial Times story below and send your feedback on this. I always appreciate hearing from you.
Musk sues law firm Wachtell Lipton over $90mn Twitter legal fee
Elite attorneys accused of engineering ‘improper bonus payment’ after it defended group’s board in 2022 buyout fight
Elon Musk has sued the law firm Wachtell, Lipton, Rosen & Katz to recover a portion of the $90 million fee paid by Twitter, the bulk of which was wired in the hours before the billionaire took over the social media company.
Wachtell Lipton, an elite Wall Street firm, had helped Twitter’s then-board to close the $44 billion deal after Musk had attempted to walk away last year.
The $90 million figure was agreed upon and most of it wired to Wachtell Lipton hours before Musk’s deal to buy Twitter at $54.20 a share closed on October 27, the complaint said, and included what Musk’s filing said was “an enormous but unspecified success fee”. The sum of $90mn accounted for 10 percent of Wachtell Lipton’s gross revenue in 2022, the complaint said.
Wachtell Lipton “exploited a corporate client left unprotected by lame duck fiduciaries who had lost their motivation to act in Twitter’s best interest”, the complaint alleged.
Twitter declined to comment on the lawsuit. Wachtell Lipton did not respond to a request for comment.
Musk agreed to buy Twitter in April 2022 then later tried to abandon the deal as tech stocks cooled, alleging last July that the platform had misled investors and regulators over fake accounts and cyber security. Hiring Wachtell Lipton’s prominent litigation department, Twitter sued to force Musk to close the deal, sparking a legal battle and discovery process.
Wachtell Lipton had pitched its Delaware corporate law practice to the Twitter board in June 2022 just as Musk publicly started to show discomfort over the deal, according to the legal filing. Among the law firm’s selling points was its association with Leo Strine, the former chief justice of the Delaware Supreme Court who had joined Wachtell Lipton upon his 2020 retirement, according to an email to the company noted in the complaint.
X Corp, the Musk entity that now owns Twitter, said in a complaint filed in a California state court earlier this week that Wachtell Lipton had attempted to “fundamentally alter its fee arrangement as litigation counsel” in order to obtain “an improper bonus payment in violation of its fiduciary and ethical obligations to its client”.
Just weeks before the two sides were due to face each other in a Delaware court, Musk announced that he would complete the Twitter buyout at the agreed price if it dropped its legal action.
In its complaint, lawyers for X Corp said that during the first few months of Wachtell Lipton’s engagement, it had submitted invoices to Twitter that included “millions of dollars in hourly billings by Wachtell partners with completely blank time entry descriptions”.
The $90 million total came as a shock to Twitter board member Martha Lane Fox, who the filing said had messaged the company’s general counsel: “O My Freaking God”.
All of Twitter’s board members approved the fee, however. The decision came despite Musk earlier that day demanding Twitter “suspend all outbound payments to third parties in anticipation of the imminent merger”, according to the complaint.
In typical M&A deals, buyers assume the professional fees associated with a transaction. In addition to asking for restitution, Musk accused Wachtell Lipton of breaching its fiduciary duty to the Twitter board and aiding a breach of fiduciary duty by the social media group’s outgoing directors in approving the law firm’s fee.
OPINION
SUSSEX COUNTY COUNCIL?
Dear friends,
Being a former Lewes City Councilman for 6 years, having once run for Sussex County Council on a managed growth platform and losing to Democrat Lynn Rogers by 3 votes, and being a dedicated Republican leader for many years, I have maintained an interest in County politics. Interestingly, Lynn Rogers and I have become friends and communicate occasionally.
I supported both Cindy Green and Mark Schaffer for County Council because of their experience and personal knowledge that I clearly understood. Although John Reilly won his election for Council against Keller Hopkins (who I supported because of my personal knowledge of Keller’s dedication and efficiency when he was the Republican County Chairman), I am concerned about a few things.
Apparently, one of the coveted ideas for Sussex Council People is to nominate someone for Planning and Zoning and have them approved. Each candidate should be approved based on their merits, not on petty crap.
Outstanding citizen Bob Mitchell was nominated by Cindy Green and he was voted down 3 to 2 by an extremely partisan, political majority led by Mike Vincent, who are dedicated in my view, to deterring any positive nominations made by Green or Schaffer? Character and qualifications were not considered in my opinion, for Mitchell. He was voted down because he was nominated by Cindy Green. Revenge, petty crap, and disgustingly wrong, are factors that are clearly apparent in my opinion. The fix was in!
Frankly and furthermore, the election of a life-long Democrat Greg Fuller, who switched parties and was supported by the Sussex County Republican Party over Candice Green Wilkenson, for Register of Wills was, to me, beyond my understanding. More petty politics and why Sussex Republicans are famous for eating their own. Nobody knows that better than I.
Jim Weller says he is going to run against Cindy Green in her next election. I write to over 20-thousand people these days in my Coastal Network Operation. I will have fun writing about that potential contest.
“Supreme Court Strikes Down Affirmative Action in College Admissions. Good. It Never Worked.”
Ben Shapiro in his recent essay in the Daily Wire nails it
Dear Friends,
I am delighted about the recent Supreme Court decisions concerning the elimination of Biden’s plan to forgive billions of dollars of student loans at the taxpayers expense and the striking down of affirmative action in college admissions.
I am especially interested and appreciative of the Court’s final recognition that Affirmative Action was a violation of the 14th amendment. Frankly, in my view, colleges have gone completely overboard with lowering standards for race and skin color to fill affirmative quotas. Often reverse discrimination happened with upside down qualifications being the standard.
Frankly, Ben Shapiro in his recent essay in the Daily Wire nails it much better than I could. He gives great examples that are absolutely right on the money.
Please read his article below and send me your feedback on what you think.
Please scroll down to read Shapiro’s insightful commentary:
By: Ben Shapiro
Editor Emeritus,
The Daily Wire
“In a historic decision, the United States Supreme Court struck down affirmative action in college admissions as a violation of the 14th Amendment. The 14th Amendment includes the equal protection clause, which suggests that all human beings, regardless of their race, are to be treated equally under the law.
Affirmative action is deeply unfair on every level. It doesn’t matter what race you are talking about. If one race is able to get into college with scores that are 200 points below another race, that is obviously racist and it’s obviously discrimination under the equal protection clause.
That’s exactly what was happening when it came to Harvard University and the University of North Carolina; both of those particular colleges were the ones named in this lawsuit. The statistics cited in the actual Supreme Court opinion showed Harvard’s attempts to boost minority enrollment demonstrated the disparity between performances for the groups that got in and the groups that did not get in.
Let’s say you’re among the top performing people in your particular group, in the top 10%. If you were a top 10% performing Asian, you had a 12.7% chance of getting into Harvard. If you were a top 10% performing white student, you had a 15.3% chance; if you were a top 10% Hispanic student, you had a 31.3.% chance of being admitted to Harvard.
And if you were a top 10% black student, you had a 56% chance of being admitted to Harvard.
What’s even more astonishing is that if you performed better than 40% of people and were white, you had less than a 2% chance of getting in. If you were Asian, less than 1%. Hispanic, less than 5%. But if you were black, you had a 12.8% chance of getting in.
That 12.8% for blacks and 12.7% for Asians meant that you had a better shot of getting into Harvard if you were a black student who performed better than only 40% of the population than if you were an Asian student who performed better than 90% of the population.
That’s insane. That disparity is obviously racist.
Affirmative action is a massive failure. The idea that affirmative action is the rung to climb up, that it is the pathway to success for black students in America, is just not true. Sometimes the students who get into places like Harvard or Yale through affirmative action are the top performing black students, but they’re also performing in the middle of the pack in terms of overall student body. They often wind up dropping out.
Richard Sander and Stuart Taylor Jr. noted in The Atlantic in 2012 that black students who got into college through significant affirmative action were twice as likely to be derailed from pursuing a doctorate and an academic career. Black law school grads were four times as likely to fail the bar as their white counterparts.
If you compared them to other students in terms of test scores, black students were underperforming. That’s why they required affirmative action.
There is this idea that the best way to remedy historic injustices is to treat people as groups and then give them a “leg up.” But there is no other context in which you would consider this good policy.
Take Major League Baseball as an example. Major League Baseball had a color line for the first half-century of its existence. It was evil that black players were not allowed to play; that was why the Negro Leagues got started with their amazing black players.
Imagine for a second that Major League Baseball had said, “We need a quota of black players. But we’re not going to use the same standards for them as we do for others, whether they can hit, field, or run. In order to rectify past imbalances, we need an affirmative action program: Black pitchers only need to throw two strikes to strike somebody out and black hitters get four strikes before they strike out.”
Would that improve black performance or would that be lowering the standard? Would it heighten or lower ethnic tensions in Major League Baseball if black players only had to throw two strikes and got four strikes at the plate?
That’s what we are doing with affirmative action programs. They are racist.
They also happen to be racist against blacks because the assumption in America today is that it is impossible for them to succeed.
There are only two possible arguments here. One is that black Americans are somehow lesser or inferior, which is just pure racism. It’s not true.
The other is that America is so inherently racist that black Americans will never be able to get ahead because of the color of their skin. That’s not true either.
But those are the left-wing arguments that support affirmative action.
Ben Shapiro
Editor Emeritus,
The Daily Wire
OPINION
Dear Friends,
This slight analogy may be a stretch for some of you, but not for me. To be free from tyranny and the establishment of our independence is why we celebrate July 4th every year.
Interestingly, the Supreme Court of the United States arrived at some decisions that free us from the unfair results of Affirmative Action, especially in college acceptance, which became problematic to the point that qualifications became secondary to race considerations. Freedom finally reigns!
Biden’s arbitrary and capricious plan to forgive billions of dollars of student loans, at the taxpayers expense, unfair to those who paid their loans and those who didn’t attend college was also declared illegal by the Supreme Court.
The constitution that our founding fathers created, has in my view, been upheld by the Supreme Court in its recent decisions. Biden cannot make his own laws in regard to spending.
Indeed actions involving major expenditures must be authorized by congress, not by a dictatorial President like Joe Biden.
This folks is part of the democratic freedoms that we enjoy. We are not constitutionally a totalitarian, socialist country. We are a free democratic society with 3 bodies of government, each with its own important designation, thus establishing our independence from tyranny.
The Supreme Court made it clear where the separation of powers stands which is absolutely a significant part of the freedoms we enjoy as Americans.
Let us celebrate these freedoms provided by the Supreme Court, which is part of our independence.
All that being said folks, I hope you had a Happy 4th of July and look forward to the rest of 2023! God bless America.
Sincerely yours,
JUDSON Bennett-Coastal Network
P.S.: Please follow me on LinkedIn for all my latest columns and musings:
Once in a while I write about things that happen to me that affect my thinking. Yesterday I went to my favorite restaurant in West Palm Beach for my usual morning breakfast.
Lately I have had a tremendous hip problem and will eventually need surgery to get a new hip. I am using a walker and have a handicap sticker. I pulled up to the parking area and there was an African American woman parked in the handicap parking spot. She rolled down her window and asked me if I needed her to move. She said she ordered take-out for her handicapped son who has sickle-cell anemia and that he will be having surgery soon, as well. I told her moving wasn’t necessary. We had a nice conversation about her son and some of the difficulties we all suffer, especially as we get older.
In this crazy world of woke culture, racial issues, and innate prejudice, especially in this particular location of West Palm Beach, which has been known to be rough sometimes, I had something unusual happen. The woman and I concluded our pleasant conversation and I limped into the restaurant. I ordered and ate my breakfast. Shortly thereafter, the black lady came in and picked up her take out. She smiled and waved as she left.
I called the waitress over and asked for my check. She said that the black lady who just left paid for your breakfast. I was flabbergasted. I was truly surprised. I then realized that something special had just occurred. My heart felt so warm, my inner being soared. This African American woman who didn’t know me, wanted to do something nice for a white man, she briefly connected with in the parking lot.
The bottom line folks is the “Milk of Human Kindness”, the connection between human beings is still there, regardless of skin color and prejudices that we have been exposed to most of our lives. This wonderful black woman sure made me feel good and it was something special that happened to me.
There is truly hope for America on this July 4th. That’s it, folks. Enjoy the day!
‘New Era’ of Scrutiny Brings Calls for Supreme Court Ethics Code
Court silent but said to be considering policy
Public approval hovers near all-time low
Chief Justice John Marshall attended dinner parties hosted by President John Adams. Justice William Douglas played poker with President Franklin Roosevelt. And Justice Byron White went on ski trips with Attorney General Robert Kennedy.
None of those relationships seemed to sound alarms. Now, even attending a private Christmas party can raise suspicions about a Supreme Court justice’s ability to remain impartial on the bench.
Several high-profile incidents in the last 10 months—involving both the justices and their spouses—have reignited long-standing calls for the Supreme Court to institute a code of conduct like the one that governs all other federal judges.
Last month, the American Bar Association passed a resolution urging the justices to adopt an ethics code and two Democrats in Congress introduced a bill (S. 325, H.R. 927) that would force them to do so.
For their part, the nation’s nine most powerful judges have hinted that they are considering such a code, though the court has publicly said nothing on the topic for years. What’s different now is that public sentiment has shifted more starkly than ever against the court.
A Marquette University poll in January found 53% of adults disapprove of the way the Supreme Court is handling its job. That’s better than the 61% who disapproved in July—weeks after the court’s historic decision to upend the national law protecting abortion—though multiple surveys suggest public opinion still hovers at an all-time low.
Some complain the criticism of the justices is just sour grapes after a series of lightning-rod decisions from a bench packed with conservatives. But the pipeline to the high court remains loaded with blockbuster cases—the kind likely to stir more public attention on the decisions and greater scrutiny on the decision-makers.
“We’re in a new era,” said Ellen Yaroshefsky, a legal ethics scholar at Hofstra University.
Ethics Code For Some
Since the 1970s, judges in federal district, appellate, and bankruptcy courts have been guided by a code of conduct. It’s not intended to be a strict set of rules that address every ethical dilemma, but instead meant to provide guidance.
Many of the restrictions “are necessarily cast in general terms, and judges may reasonably differ in their interpretation,” the official commentary to the code explains.
For example, it says a judge can participate in extrajudicial activities like speeches, charitable activities, and fundraising. “However,” the code cautions, “a judge should not participate in extrajudicial activities that detract from the dignity of the judge’s office, interfere with the performance of the judge’s official duties, reflect adversely on the judge’s impartiality, lead to frequent disqualification, or violate the limitations set forth below.”
Such catch-all provisions can be open to interpretation. Jeremy Fogel spent 30 years as a judge in northern California, first in state court and then on the federal bench. He was also a youth soccer coach.
Because some of his players’ parents were attorneys, Fogel had a personal policy of recusing if any of their cases came before him.
“It wasn’t like we were intimate friends or anything like that,” Fogel said. “I just felt like, why should I even raise a question about it?”
He kept a list of those lawyers so his clerk could reassign cases in which they were identified as counsel of record. Fogel never saw which cases were reassigned, so he doesn’t know how many were given to another judge, but he guesses at least a few. He stopped coaching right around the time he was nominated for the district court in 1997.
Fogel admits he was maybe being too careful, but thought recusal was the safest route to take.
The standard in both the state and the federal codes of conduct require judges to avoid the appearance of impropriety, which includes “permitting others to convey the impression that they are in a special position to influence the judge.”
“I was concerned that a reasonable observer might think that the lawyers whose sons were on my team would been in such a position,” he said.
Violating the federal code can be the basis for disciplining a judge, although such cases are few and far between. Critics blame a process they say is secretive, overseen by other judges, and typically resolved behind closed doors.
Data from the Administrative Office of the US Courts show that 75 percent of the 1,520 complaints filed against federal judges between Oct. 1, 2021 and Sept. 30, 2022 were dismissed. Most were dismissed at the outset, either because they lacked substantive evidence or because they were about a judge’s ruling, not conduct, according to the AO’s numbers.
Only a handful were concluded without dismissal, according to the data, which identifies the reason but does not name the judge.
In three, the judge agreed to “voluntary corrective action,” which often means an acknowledgment of wrongdoing and sometimes an apology. Nine ended due to an “intervening event,” usually resignation. Three were referred to a “special committee” for further investigation.
Just one resulted in a public reprimand, for a South Carolina District Court judge named Joseph Dawson. In that case, Dawson, a longtime county attorney, was chided for failing to disclose during his 2020 confirmation proceedings that his previous employer—Charleston County—had agreed to pay him at least $216,000 after he joined the bench for his “institutional and historical knowledge and insight” and “non-legal advice.”
“Although we find no wrongful intent or pattern of improper activity on the part of Judge Dawson, we agree with the Special Committee that the misconduct in this case was serious,” the Fourth Circuit Judicial Council said. “This public concern requires a public response.”
Dawson apologized but remains on the bench.
When Diane Wood was chief judge of the US Court of Appeals for the Seventh Circuit, her job included administering the rules of judicial conduct and fielding ethics complaints against federal judges across Illinois, Indiana, and Wisconsin.
“A lot of the complaints that come in are completely without merit because they essentially take the form of ‘I‘m angry that the district court judge ruled against me. There must have been some kind of misconduct,’” Wood, now a senior judge, told Bloomberg Law.
There were only a handful of cases serious enough that Wood assembled a committee to look into the allegations. Occasionally there were complaints about sexual harassment, a judge improperly participating in the political process, or being too friendly with the litigating parties, she said.
In one, a member of Congress and the heads of two public interest groups complained in 2013 that a judge had been featured on the program of a $200-a-head dinner hosted by the Federalist Society, the conservative group that advocates for a stricter interpretation of the Constitution.
The circuit court’s Judicial Council looked into it, but ultimately dismissed the complaint. In a written opinion, Wood said the dinner in question was not a fundraiser, so the ban on judges appearing as the speaker or featured participant in fundraisers didn’t apply.
The basic rule is “you, the judge, cannot be the advertising lure to come to the event,” she said.
But the same disciplinary system doesn’t apply to Supreme Court justices.
Hot Water
All of the justices except Elena Kagan spent time as federal judges subject to the code of conduct, though their time in the lower courts varies.
Justice Clarence Thomas served on the powerful US Court of Appeals for the D.C. Circuit just over a year and a half before being elevated to the high court. Chief Justice John Roberts sat on the same court for just over two years. In contrast, Justice Sonia Sotomayor was a judge for 17 years in New York, first as a district judge then on the Second Circuit. Justice Samuel Alito sat on the Third Circuit for nearly 16 years.
Members of the Supreme Court regularly speak at events hosted by groups that align with their ideologies. Justices from the court’s liberal wing, including Sotomayor, have appeared before the progressive American Constitution Society, while members of the court’s conservative wing have spoken at Federalist Society events.
There’s no way to determine when a personal relationship or appearance at an event should spark concern about a justice’s ability to impartially preside over a case. Still, just their appearance at such gatherings can have an impact, said University of Houston Law Center professor Renee Knake Jefferson.
“It matters both in terms of the public’s perception and belief in the rule of law and really the foundation of justice,” she said. “It also matters for the particular litigants whose case is going to be decided.”
Such concerns have been compounded by a wave of reports in recent months about the private conduct of justices, primarily those in the right-leaning majority.
Thomas’ potential to be impartial in election-related disputes came under fire after the House panel investigating the Jan. 6 attack on the Capitol revealed that his wife, Ginni Thomas, had sent text messages urging then-White House Chief of Staff Mark Meadows to aggressively challenge the 2020 election results.
Alito came under scrutiny late last year when evangelical minister Rob Schenck alleged the 72-year-old jurist had told friends at a 2014 dinner party how the justices planned to rule in a controversial case involving religious freedoms.
Justice Brett Kavanaugh stirred headlines in December amid reports he attended a Christmas party that was hosted by the leader of the Conservative Political Action Coalition and whose attendees included a representative from a legal foundation with matters before the high court.
Members of the court’s liberal wing have also found themselves in the throes of controversy in past terms.
Justice Ruth Bader Ginsburg ignored calls to recuse herself from cases involving President Donald Trump after she called then-candidate Trump “a faker.”
“He says whatever comes into his head at the moment. He really has an ego,” Ginsburg said in a 2016 CNN interview. She later walked back the comments, saying they were “ill-advised.”
Kagan rebuffed recusal calls during the challenges to the Affordable Care Act, President Barack Obama’s signature health-care legislation. Though she was the federal government’s top lawyer at the Supreme Court when the law was passed in March 2010, and sat in on at least one meeting where potential litigation against the law was discussed, she nevertheless heard the case when it came up to the justices in 2012.
Critics have cited those examples as reasons the court needs a transparent code of conduct. But such scrutiny has also been supercharged by an unprecedented act that to this day hasn’t been traced back to anyone: the unauthorized leak in May of a draft decision, written by Alito, overturning Roe. v. Wade.
Smear Campaign
As the talk about a Supreme Court ethics code gets louder, the justices have not rushed to join the conversation.
Many observers have to point to 2011 to explain Roberts’ stance on the idea. In his annual report on the judiciary that year, the chief justice noted the justices already consult the lower courts’ judicial code of conduct and “a wide variety of other authorities to resolve specific ethical issues.”
“For that reason, the [Supreme] Court has had no reason to adopt the Code of Conduct as its definitive source of ethical guidance,” he wrote.
In a 2019 House hearing, Alito said the justices “are committed to behaving in an ethical manner and in a manner that appears to the public” to be fully ethical. At the same hearing, Kagan said a Supreme Court specific code was being “very seriously” considered.
Despite recent reports the justices are again “actively” considering one, no code has been proposed or implemented. A court spokesperson declined to comment for this story.
Thomas Jipping, a senior legal fellow at the Heritage Foundation’s Center for Legal and Judicial Studies, said liberals are deliberately trying to create the perception that the court, which Trump filled with its largest conservative contingent in decades, has become just another partisan political branch of government.
“There’s an agenda going on here,” he said. “They don’t like their decisions so they want to paint them as corrupt or unethical, or political, partisan, whatever.”
Jipping doesn’t think the justices are doing anything out of the ordinary and said the recent criticisms against them are just part of a smear campaign.
“There’s no reason to question someone’s impartiality because they had dinner with somebody,” he said.
Whether the perception is fair or not, Fogel said judges should want to communicate to the public that they’re not like members of Congress.
“When a justice goes to a politically charged event and is a featured speaker, whether they are a liberal justice or a conservative justice, that feeds the narrative,” said Fogel, who was appointed to the bench by President Bill Clinton. “It makes it seem like we just have to count votes.”
Unlike elected officials, judges can’t be influenced by contributors or lobbyists, or what rich friends they have, he said, so “it’s important the court strike a different tone.”
But there is concern that criticisms about where and with whom the justices are seen could push them to be more isolated than they already are. Even the ethics code for the lower courts emphasizes judges shouldn’t go too far with their restrictions.
“Complete separation of a judge from extrajudicial activities is neither possible nor wise,” extra guidance to the code says. A “judge should not become isolated from the society in which the judge lives.”
It’s still an open question whether Congress, or anyone, has the power to force the justices to follow an ethics code. The Constitution gives Congress authority over lower federal courts, but sets up the Supreme Court as an independent branch of government, one with far-reaching influence.
Rulings this term alone could eliminate the use of race as a factor in college admission decisions and wipe out President Joe Biden’s plan to cancel student loan debt for 40 million Americans.
Stephen Gillers, an emeritus professor at New York University School of Law and scholar in legal ethics, said the justices don’t have to become hermits, but they should be cautious “given the enormous power they have and the willingness of the public, fairly or not, to be suspicious of relationships that could imply an improper motive.”
“Maybe, I think, now is a time to be extra, extra careful,” he said.
OPINION
Dear Friends,
This week we’re seeing many U.S. Supreme Court decisions coming through and while I support many of the decisions as I think they are supportive of the GOP and my views, I am left flabbergasted as to why the Delaware Chancery Court isn’t held to this same high standard scrutiny that our U.S. Supreme Court is being held to?
I’ve been writing about our Delaware Chancery Court judges for almost a decade now, starting with the outrageous decisions and rulings and what I saw as extreme bias by Andre Bouchard on the Chancery Court. Of course, Leo Strine, his Skadden Arps pal running things at the time in the Delaware Supreme Court also raised many questions about how power was being abused in those offices? No doubt many other questions of handling cases questionably led to both being dismissed from those coveted positions, long before they had served even half of their terms, as I see it, folks.
As you look at the Supreme Court stories this week, understand that while these justices are held to the highest standard, that our Chancery Court and Delaware judges are not. I think it’s high time that they are!
Do you? Please send your feedback on this, folks. It’s always welcome and appreciated.
I am amazed, shocked, and concerned as I have watched the United States become a country in decline, losing its Constitutional freedoms, its economic prosperity, and its national security.
There is only one person responsible and that is our insipid President Joe Biden backed up by a bunch of dictatorial socialists.
Since Biden got in office, he took us from being energy independent where we were actually exporting oil, to being totally dependent on foreign oil. Biden has embraced the fallacious GREEN NEW DEAL which has created unbelievable inflation, which has put tremendous economic distress on our citizenry. The absurdity of this intentional operation is ridiculous.
Biden and his son Hunter have, according to the evidence found on the notorious laptop, testimony from former partners, and several whistleblowers within the FBI and the IRS, committed tax fraud and influence peddling crimes. Certainly impeachable offences if proven.
Biden has totally opened our Southern border to the world, intentionally violating our immigration laws, thus costing our taxpayers billions, as these trespassers get money, clothes, housing, cell phones, and transportation, all on our money. Drugs that have killed thousands of Americans are coming across the border unabated, while dangerous terrorists, who want to kill us, are getting in as well. This is another impeachable offense which is happening daily.
I could write a book about how bad this President and his administration really are including their incompetent foreign affairs, weaponization of the FBI, DOJ, and IRS against political opponents, and the destruction of female sports by transgender males who want to be women.
Biden and his cohorts are a despicable abomination that want to control you in all ways. WE MUST REJECT THEM BEFORE IT IS TOO LATE!!!!
In 2024, whoever the Republican candidate is, whether Trump, DeSantis, or one of the others, must be elected along with Republican Representatives and Senators or the United States of America will become a place that we won’t like.
As always your comments are welcome and appreciated.
The injustice obvious to all of us outside of the Chancery Court and the inner circles of Andre Bouchard and Leo Strine and Robert Pincus. Now, it’s time for our elected leaders to change the rules and make it more transparent to serve in a role at that level of our justice system in America’s First State.
Many of you agree with my columns on this and some of you don’t. I appreciate the feedback all the same. And I love a good debate, folks, so keep it coming!
“How can this fraud continue? Delaware is better than this!” -Carl S.
“I’m glad for your Coastal Network coverage on this. I bookmarked your site and read it all week.” -Beverly L.
“I don’t understand why this is obvious to all of us outside of the Chancery Court, but no one inside the court or, even worse, our state government.” -Bill W.
“You can’t blame these judges for not reporting what they don’t have to report, Judson. You’re smart enough to know this. You’re making a non-issue an issue. When they have to report their finances, they will.” -Robert D.
“Frankly, are they making enough money in Delaware to do anything shady with it? I don’t think so.” -Dorothy R.
“If the Supreme Court justices are up to no good, you bet the judges in Delaware are too.” -Thomas B.
“Bouchard and Strine left behind a legacy of mistrust and misdeeds. To think that others aren’t following in their footsteps in Delaware is to be beyond naive.” -Noah F.
Keep it coming! Your comments are welcome and appreciated.
Blasphemy: Hunter Biden Gets a Sweetheart Plea Bargain From The DOJ!
Dear Friends,
Hunter Biden, because he is the President’s son, gets special consideration. If his name was Donald Trump or actually any of us, prison would be a sure thing. There is absolutely no doubt that there is a double-standard when it comes to prosecution by the Department of Justice. If you are a Republican you get prosecuted. If you are a Democrat you get a pass.
David Weiss, the US Attorney from Delaware after protecting Hunter Biden for 5 years, along with compromised Attorney General Garland, ignoring overwhelming evidence of serious crimes, has given Hunter Biden a no-jail plea-bargain. Additionally, all the crucial documents concerning bribery involving President Joe Biden and members of his family, held by the FBI and demanded by the Congressional Oversight Committee have been significantly redacted by Director Wray who is also seemingly protecting the Bidens in this influence peddling investigation.
The DOJ and the FBI have clearly been weaponized against Republicans and especially Donald Trump. Our constitution and freedoms are being compromised and this in your face corruption must not stand.
What do you think? As always your feedback is welcome and appreciated.
OPINION Dear Friends, Following up on my piece earlier this week about no financial disclosures for the likes of Andre Bouchard and Leo Stine. I make the point in more detail here, as many of you asked for more on this.
Look at the Insider story below folks and tell me what’s wrong with this picture?! No financial disclosures are required for Delaware judges. Zero. Zilch. None. How is this fair and equitable? How is this even possible?
There are no checks and balances in Delaware Courts and our Court of Equity, the Chancery Court. Ousted former Chancellor Andre Bouchard – during his corrupt reign – made illicit decisions to benefit himself and his Skadden cronies, as I see it, folks. The corruption spread under Leo Strine and Bouchard, and continues in the court in the current CITGO auction, as his fellow Skadden-crony Robert Pincus continues the greed and malfeasance.
Our Supreme Court Justices are required to legally disclose their finances and yet, inexplicably this is not enforced in Delaware courts? Especially in our Court of Equity?! Our legislators in America’s First State should not stand for this a moment longer! Should this fraud continue? What do you think? Keep your feedback coming on this crime of justice. Your comments are welcome and appreciated.
Chief Justice John Roberts listed two vacation homes on two different continents in his real estate income disclosures while Elena Kagan listed a parking spot in DC
Seven Supreme Court justices released their financial disclosure reports last week, revealing how they made extra income in 2022.
Chief Justice John Roberts and Justice Elena Kagan both earned extra income by renting out properties — though the properties are vastly different.
According to Roberts’ report, shared online by SCOTUSblog, Roberts rented out cottages in Ireland’s Limerick County and Maine’s Knox County.
Kagan, meanwhile, rented out a parking space at a building in Washington, DC, according to her report, also shared by SCOTUSblog.
Justice Sonia Sotomayor earned income on a rental property with a New York apartment, according to her report. NPR reported that Sotomayor bought the apartment and lived in it before she joined the Supreme Court.
The reports don’t reveal how much the justices earned through their rental properties in 2022.
The Supreme Court did not immediately respond to Insider’s request for comment.
All of the justices except Justice Clarence Thomas and Samuel Alito released their 2022 financial disclosures last week under the Ethics in Government Act. Thomas and Alito had been granted extensions.
Is Former President Donald Trump’s Indictment Justified? Presidential Records Act Ignored in 37-Count Indictment!
Dear Friends,
As we all know, former President Donald Trump has been indicted on 37 felony counts involving his handling of classified documents after he left the White House. The indictment came in the wake of an FBI raid ordered by the Department of Justice at Trump’s Mar-A-Lago home in Palm Beach, Florida.
The whole situation is unprecedented and historical. From my understanding after some extensive research, this whole problem apparently developed because of a disagreement between Trump and the National Archives & Records Administration (NARA). NARA complained to the Department of Justice, a special prosecutor was appointed, and the DOJ seized the opportunity to prosecute Trump on various charges that are nebulous, questionable, and indeed have never happened before.
Considering that President Biden was found having classified documents, concerning military operations (which he had absolutely no right to possess under any circumstances as a Senator or a Vice President, in his garage, which son Hunter had access to and possibly gave to China, and yet nothing has been done, is shocking)! Yet Trump has been indicted for much less perceived inequities at best. It appears the indictment of Trump is politically motivated to prevent him from being President again, while the FBI and DOJ are covering up Biden’s apparent crimes?
The problem, the way I see it, is that the Presidential Records Act of 1978 has been ignored and will be a basis of the Trump defense. I could write a book about the bias, inequities, and corruption involving all of this from the entire Biden administration, having weaponized the FBI against its political opponents. However, to cut to the chase, I have presented below the Presidential Records Act which will be a key to the outcome of Trump’s trial. Please read it and you decide what is legal, fair, and realistic concerning the whole Trump situation.
As always your comments are welcome and appreciated.
Scroll down to read the important and relevant Presidential Records Act of 1978.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Presidential Records Act (PRA) of 1978
The Presidential Records Act (PRA) of 1978, 44 U.S.C. ß2201-2209, governs the official records of Presidents and Vice Presidents that were created or received after January 20, 1981 (i.e., beginning with the Reagan Administration). The PRA changed the legal ownership of the official records of the President from private to public, and established a new statutory structure under which Presidents, and subsequently NARA, must manage the records of their Administrations. The PRA was amended in 2014, which established several new provisions.
Specifically, the PRA:
Establishes public ownership of all Presidential records and defines the term Presidential records.
Requires that Vice-Presidential records be treated in the same way as Presidential records.
Places the responsibility for the custody and management of incumbent Presidential records with the President.
Requires that the President and his staff take all practical steps to file personal records separately from Presidential records.
Allows the incumbent President to dispose of records that no longer have administrative, historical, informational, or evidentiary value, once the views of the Archivist of the United States on the proposed disposal have been obtained in writing.
Establishes in law that any incumbent Presidential records (whether textual or electronic) held on courtesy storage by the Archivist remain in the exclusive legal custody of the President and that any request or order for access to such records must be made to the President, not NARA.
Establishes that Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office.
Establishes a process by which the President may restrict and the public may obtain access to these records after the President leaves office; specifically, the PRA allows for public access to Presidential records through the Freedom of Information Act (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years.
Codifies the process by which former and incumbent Presidents conduct reviews for executive privilege prior to public release of records by NARA (which had formerly been governed by Executive order 13489).
Establishes procedures for Congress, courts, and subsequent Administrations to obtain “special access” to records from NARA that remain closed to the public, following a privilege review period by the former and incumbent Presidents; the procedures governing such special access requests continue to be governed by the relevant provisions of E.O. 13489.
Establishes preservation requirements for official business conducted using non-official electronic messaging accounts: any individual creating Presidential records must not use non-official electronic messaging accounts unless that individual copies an official account as the message is created or forwards a complete copy of the record to an official messaging account. (A similar provision in the Federal Records Act applies to federal agencies.)
Prevents an individual who has been convicted of a crime related to the review, retention, removal, or destruction of records from being given access to any original records.
There’s obvious corruption in the system. We know this because Andre Bouchard and Leo Strine left their respective offices early. And yet, there’s still no financial disclosure requirements for Delaware Courts, as there IS for the Supreme Court of the United States!
Delaware has to disclose less than nothing compared to the U.S. Supreme Court! How is this justice? It’s unacceptable, folks! Look at the Insider story below. This is as unjust as possible. How is this happening?!
Please share your feedback on this, folks! Your comments are welcome and appreciated.
Chief Justice John Roberts listed two vacation homes on two different continents in his real estate income disclosures while Elena Kagan listed a parking spot in DC
Seven Supreme Court justices released their financial disclosure reports last week, revealing how they made extra income in 2022.
Chief Justice John Roberts and Justice Elena Kagan both earned extra income by renting out properties — though the properties are vastly different.
According to Roberts’ report, shared online by SCOTUSblog, Roberts rented out cottages in Ireland’s Limerick County and Maine’s Knox County.
Kagan, meanwhile, rented out a parking space at a building in Washington, DC, according to her report, also shared by SCOTUSblog.
Justice Sonia Sotomayor earned income on a rental property with a New York apartment, according to her report. NPR reported that Sotomayor bought the apartment and lived in it before she joined the Supreme Court.
The reports don’t reveal how much the justices earned through their rental properties in 2022.
The Supreme Court did not immediately respond to Insider’s request for comment.
All of the justices except Justice Clarence Thomas and Samuel Alito released their 2022 financial disclosures last week under the Ethics in Government Act. Thomas and Alito had been granted extensions.
George Orwell wrote a novel many years ago titled “1984” which represented a government that controlled every aspect of the population’s lives with limited luxuries, while a few elite leaders basked in freedom and prosperity.
Big Brother, the government’s motto, in the book, was advertised everywhere as “watching you”. If anyone disagreed or rebelled, the government would take them away and put them through a reconditioning/brainwashing program, sort of like what Marxist/Communist programs in Russia used to do and China, Cuba, and North Korea still do today.
The novel should be mandatory reading in our schools, as the threat of an Orwellian society is definitely becoming a future reality if political changes are not made.
Orwell’s book, although way before its time, is relevant today as the US government is clearly weaponizing the DOJ and FBI against those who disagree with their policies.
When a former President, Donald Trump, and the leading candidate for President of the United States in the 2024 election, according to the polls, is indicted by the Joe Biden administration on felony charges on nebulous charges for mishandling classified documents, is simply beyond the limits of the constitution and the law. If this can happen to Trump it can happen to you.
The threat to our freedom and everything that America stands for is now at risk by a compromised and criminal administration, supported by the Democrat Party. Republican leaders, outspoken patriots, Christians, pro life advocates, and concerned parents have been investigated and prosecuted by this seemingly weaponized DOJ and FBI.
The 2024 election is extremely important. Our freedoms are at stake and 4 more years of the corruptBiden administration will be the beginning of a Socialist, restrictive society that will destroy everything our founding fathers created, with something similar to George Orwell’s “Big Brother Watching You”.
Vote Republican or lose your country is the way I see it. As always your comments are welcome and appreciated.
Yours truly,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
I’m glad that after years of covering this horrid crime story, so many of you get it! The current CITGO auction and the TransPerfect auction, both in the Chancery Court, reek of corruption and trail back to Andre Bouchard taking over the Chancery Court and continues with fellow Skadden-crony Robert Pincus furthering the greed.
Bouchard, Leo Strine, and Pincus have taken this court for a ride and Pincus has kept it going. It all stems from Bouchard’s reign. That’s what began this entire crooked mess and that’s when I started covering the court, and Bouchard in-depth, to expose the deterioration of the court at the hands of Andre, the Ogre.
Give the story below another read in that light and I think you’ll more fully understand what is at stake here for the Chancery Court and for the bread-and-butter revenue stream for America’s First State and greatest state in our union, Delaware.
The fraud continues and I’ll remain steadfast in my coverage on my Coastal Network until our elected officials take action to make it stop. I appreciate all of the feedback that you’ve sent in this month. It shows me that you get this and that our Coastal Network coverage is putting a valuable spotlight on this criminal activity.
Keep your feedback coming in on this, folks. Thank you! Your comments are welcome and appreciated.
Venezuela Denounces ‘Theft of the Century’ as US Endorses Citgo Sale
Caracas warned that the OFAC license violates Venezuelan and international law and that no country’s assets are safe on US territory.
Caracas, May 4, 2023 (venezuelanalysis.com) – The US government will not block the sale of CITGO, the US-based subsidiary of Venezuelan state oil company PDVSA and the country’s most important asset abroad.
In a letter filed on Friday in the US District Court in Delaware, the US Department of Justice said that the Treasury’s Office of Foreign Assets Control (OFAC) “will not take enforcement action against individuals or entities” involved in a court-ordered auction process of CITGO shares set in motion last year.
The statement added that once a winning bidder emerges, OFAC will implement a “favorable licensing policy” for the execution of CITGO’s sale procedure “or the negotiation of a settlement agreement among the relevant parties.”
The April 7 Justice Department letter was released following the issuing on Friday of OFAC General License 42, which authorizes transactions conducted by the defunct opposition-controlled 2015-2020 Venezuelan National Assembly (AN) for “the negotiation of settlement agreements” involving any debt of the Venezuelan government, PDVSA, or any entity where PDVSA owns 50 percent in shares or more.
According to Robert B. Pincus, the Delaware court-appointed “Special Master” tasked with securing the US government greenlight for CITGO’s sale, the auction process could begin in September with the highest bid reviewed in June 2024. Earlier this year, Pincus met with Justice and Treasury officials and asked OFAC for guidance on the auction of shares from CITGO’s parent company, PDV Holding.
Pincus likewise urged the court to move quickly “to take advantage of CITGO’s recent financial and operational performance and the current state of the refining industry,” according Reuters. Creditors and analysts have suggested the possibility of off-court settlements as well.
With three refineries and a network of over four thousand gas stations stateside, the Houston-based oil subsidiary reportedly registered a $2.8 billion profit last year and could be valued at $13 billion. However, no revenue has been perceived by Caracas since 2019 after Washington recognized Juan Guaidó’s self-proclamation as “Interim President” and handed CITGO’s management to an opposition ad hoc board.
As a result of its seizure, the company was left vulnerable to a number of threats as several foreign corporations and bondholders looked to claim shares as compensation for arbitration awards and the defaulted PDVSA 2020 bond for which 50.1 percent of CITGO shares were pledged as collateral.
In 2020, the US Treasury Department stepped in and began issuing six month or year-long licenses to block any attempt to seize the company. The latest was general license 5K released on April 19 for only a three-month period.
The current auction process was brought forward to the Delaware court by Canadian miner company Crystallex in order to collect $970 million of outstanding debt from a $1.4 billion international arbitration award granted by the World Bank’s International Center for Settlement of Investment Disputes (ICSID) in 2016 in compensation for the 2008 nationalization of Las Cristinas gold mine in eastern Venezuela.
Other creditors looking to collect awards via CITGO shares are glass firm Owens-Illinois, Huntington Ingalls Industries, ACL1 Investments, and Rusoro Mining owed a combined $1.6 billion plus accrued interest as well as Koch Minerals and Koch Nitrogen ($387 million) and ConocoPhillips ($1.3 billion). They have received conditional approvals to tag their claims potential CITGO auction. Additionally, in August 2022 ConocoPhillips won a default ruling to enforce a separate $8.5 billion ICSID compensation for three oil projects nationalized by Chávez in 2007.
On Wednesday, Venezuelan Vice President Delcy Rodríguez accused Washington of committing “the theft of the century” by authorizing the subsidiary’s auction process in order to benefit Western economic interests represented by corporations.
“This is organized crime in the most sophisticated way, directed by the Government of the United States,” she said during a televised press conference alongside Foreign Minister Yván Gil and Oil Minister Pedro Tellechea.
Rodríguez added that the OFAC general license “violates not only Venezuelan laws but all international law,” and warned that no country can be assured that its assets on US territory will be safe “if a plot to seize and sell them can be set up overnight.”
The Vice President likewise stated that the Maduro government would not recognize “any type of deal” with foreign creditors unless done directly with the Venezuelan state. She recalled that the 2015 opposition-controlled National Assembly recognized by OFAC as the Venezuelan negotiator “no longer exists.” The parliamentary elections in December 2020 saw the legislative body renewed with a Chavista majority.
The Venezuelan official said that the members of the defunct parliament who are responsible for the loss of CITGO will face asset seizures under the newly-approved “Domain Extinction” law. Rodríguez also singled out José Ignacio Hernández, who served as Guaidó’s “special prosecutor”, for his role in CITGO’s looming breakup.
“Crystallex had Hernández as one of their experts. Later he called himself Venezuela’s prosecutor not to defend our patrimony but the interests of the company he had already represented,” Rodríguez explained.
Guaidó, who was ousted as “interim president” earlier this year, and his associates have been accused of compromising assets such as CITGO by not showing up in court, having conflicts of interest, and striking under-the-table deals with corporations. He recently fled to the United States.
For its part, the Foreign Ministry issued a communique stating that CITGO’s theft “represents a blow” to the dialogue process in Mexico and to the international conference held in Bogotá “where almost unanimously the participating countries demanded the US government lift the criminal sanctions against Venezuela.”
Finally, National Assembly deputy and Chavista leader Diosdado Cabello accused Guaidó of being behind this last blow against CITGO. “A week before [the OFAC license approving the sale] one of the greatest traitors that this homeland has ever seen fled to the United States. That is no coincidence.”
Edited by Ricardo Vaz from Caracas.
OPINION
Dear Friends,
This piece truly struck a nerve with so many of you and for that I am grateful. When I put the Coastal Network piece out about Venezuela accusing Robert Pincus of masterminding “The Crime of the Century” I was pleasantly surprised at the number of notes that came in from all of you and the thoughtfulness of your feedback.
So many of you and so many out there truly understand the depth of the corruption in our Chancery Court. From Robert Pincus, to Andre Bouchard and Leo Strine. It’s a sin and a blight on our court.
Some of the feedback you sent:
“Interesting stuff Judson. The corruption continues! Keep up the good work.” -John W.
“Pincus should be in jail. What a travesty for the rule of law!” -Sally M.
“I still considered you a bold man for putting this information out… It takes big kahunas to do what you do on a consistent basis. Thank you.” -Vance P.
“1. Delaware is where the President resides and where Pincus and his pals live, so caution is needed when calling the kettle black. 2. The deal reeks of payoffs and sneaky dealings aka Pincus history. 3. No one cares but himself, greed, as the government is in shambles, as well as company.” -John P.
“Nice job, Captain.” -Don R.
“I don’t get this Citgo lawsuit, but I do see the comparison between the two cases.” -Barbara P.
“How much more of this can this court withstand before it breaks down?” -Jack R.
“Once Venezuela starts calling it a crime of the century, these guys should expect some kind of payback.” -Brian P.
Keep your feedback coming in on this, folks. Thank you! Your comments are welcome and appreciated.
A few brief comments from my perspective: President Biden and Speaker McCarthy finally made a deal to seemingly prevent a default on the U.S. debt situation and a bill to that effect has been passed by the House of Representatives and the Senate—ready for Biden to sign.
That is apparently a good thing according to some, however according to many Republicans, especially the Freedom Caucus, it is a major betrayal by Speaker McCarthy who apparently broke his promises to many of his fellow Republicans.
Interestingly, more Democrats voted for the bill than did Republicans. The Democrats rallied around Biden to insure he did not get blamed for a default, among all the other failures from his office. McCarthy may be considered a hero by some and a dunce by others.
Frankly in my view, this agreement and legislation is nothing more than an insipid band aid that could come back to bite the American people in the ass!
Here is the essence of the arrangement according to my research :
“The deal would suspend the $31.4 trillion debt ceiling until Jan. 1, 2025, allowing the U.S. government to pay its bills.
In exchange, non-defense discretionary spending would be “roughly flat” at current year levels in 2024, “when factoring in agreed upon appropriations adjustments,” according to White House officials.
They estimated that total non-defense discretionary spending excluding benefits for veterans would total $637 billion for the 2024 fiscal year, down marginally from $638 billion the year before. That total would also increase by 1% in 2025.
The debt limit extension lasts past 2024, meaning Congress would not need to address the deeply polarizing issue again until after the November 2024 presidential election.
The deal would boost total defense spending to $886 billion, in line with Biden’s 2024 budget spending proposal.
That is about a 3% increase from the $858 billion allocated in the current budget for the Pentagon and other defense-related programs in other agencies which according to many conservatives is not enough.
Biden and McCarthy agreed to claw back much of the unused Covid relief funds as part of the budget deal. The estimated amount of unused funds is between $50 billion and $70 billion.
White House officials said some funds would be retained, including items related to vaccine funding, housing assistance and support for Native Americans.
Biden and McCarthy battled fiercely over imposing stricter work requirements on low-income Americans for being eligible for food and healthcare programs.
No changes were made to Medicaid in the deal, but the agreement would impose new work requirements on some low-income people who receive food assistance under the program known as SNAP up to age 54, instead of up to age 50.
Biden and McCarthy agreed to new rules to make it easier for energy projects — including fossil-fuel based ones — to gain permit approval. McCarthy and his Republicans had identified permitting reform as one of the pillars of any deal and the White House threw its support behind the plan earlier this month.”
Folks, the major problem, as I see it, is that unless the Republicans win both Houses and the Presidency in 2024, and indeed there is no guarantee of that happening, the Democrats will go wild in two years with unlimited spending making things much worse. In two years the lid could come off again creating a major depression!
In my opinion, our economy and the security of our nation are still at risk and the plan does not go far enough to resolve our debt crisis involving trillions of dollars.
As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Venezuela accuses Robert Pincus of masterminding “The Crime of the Century”!
Pincus doesn’t even hide his greed, as you’ll see in the story below, urging the court to move quickly “to take advantage of CITGO’s recent financial and operational performance and the current state of the refining industry,” according to Reuters. That looks like greed to the highest degree to me!
This auction reeks of the greed and crooked moves we saw in the TransPerfect auction, as I see it folks, lining up a crime-like payday for himself and his Skadden Arps pals, as he was appointed custodian of that case by equally crooked Andre Bouchard, who was running the Chancery Court, before he was run off. Inflating the sale price by $70 million and as I understand it, paying ’em to put in a shill bid and paying himself $50 million to run a fraudulent process for two years!
Pincus is up to his shameful moves again. How is this allowed to happen? In broad daylight, no less?!
What do you think? Please share your feedback, folks! As always, your comments are welcome and appreciated.
Venezuela Denounces ‘Theft of the Century’ as US Endorses Citgo Sale
Caracas warned that the OFAC license violates Venezuelan and international law and that no country’s assets are safe on US territory. Caracas, May 4, 2023 (venezuelanalysis.com) – The US government will not block the sale of CITGO, the US-based subsidiary of Venezuelan state oil company PDVSA and the country’s most important asset abroad.
In a letter filed on Friday in the US District Court in Delaware, the US Department of Justice said that the Treasury’s Office of Foreign Assets Control (OFAC) “will not take enforcement action against individuals or entities” involved in a court-ordered auction process of CITGO shares set in motion last year.
The statement added that once a winning bidder emerges, OFAC will implement a “favorable licensing policy” for the execution of CITGO’s sale procedure “or the negotiation of a settlement agreement among the relevant parties.”
The April 7 Justice Department letter was released following the issuing on Friday of OFAC General License 42, which authorizes transactions conducted by the defunct opposition-controlled 2015-2020 Venezuelan National Assembly (AN) for “the negotiation of settlement agreements” involving any debt of the Venezuelan government, PDVSA, or any entity where PDVSA owns 50 percent in shares or more.
According to Robert B. Pincus, the Delaware court-appointed “Special Master” tasked with securing the US government greenlight for CITGO’s sale, the auction process could begin in September with the highest bid reviewed in June 2024. Earlier this year, Pincus met with Justice and Treasury officials and asked OFAC for guidance on the auction of shares from CITGO’s parent company, PDV Holding.
Pincus likewise urged the court to move quickly “to take advantage of CITGO’s recent financial and operational performance and the current state of the refining industry,” according Reuters. Creditors and analysts have suggested the possibility of off-court settlements as well.
With three refineries and a network of over four thousand gas stations stateside, the Houston-based oil subsidiary reportedly registered a $2.8 billion profit last year and could be valued at $13 billion. However, no revenue has been perceived by Caracas since 2019 after Washington recognized Juan Guaidó’s self-proclamation as “Interim President” and handed CITGO’s management to an opposition ad hoc board.
As a result of its seizure, the company was left vulnerable to a number of threats as several foreign corporations and bondholders looked to claim shares as compensation for arbitration awards and the defaulted PDVSA 2020 bond for which 50.1 percent of CITGO shares were pledged as collateral.
In 2020, the US Treasury Department stepped in and began issuing six month or year-long licenses to block any attempt to seize the company. The latest was general license 5K released on April 19 for only a three-month period.
The current auction process was brought forward to the Delaware court by Canadian miner company Crystallex in order to collect $970 million of outstanding debt from a $1.4 billion international arbitration award granted by the World Bank’s International Center for Settlement of Investment Disputes (ICSID) in 2016 in compensation for the 2008 nationalization of Las Cristinas gold mine in eastern Venezuela.
Other creditors looking to collect awards via CITGO shares are glass firm Owens-Illinois, Huntington Ingalls Industries, ACL1 Investments, and Rusoro Mining owed a combined $1.6 billion plus accrued interest as well as Koch Minerals and Koch Nitrogen ($387 million) and ConocoPhillips ($1.3 billion). They have received conditional approvals to tag their claims potential CITGO auction. Additionally, in August 2022 ConocoPhillips won a default ruling to enforce a separate $8.5 billion ICSID compensation for three oil projects nationalized by Chávez in 2007.
On Wednesday, Venezuelan Vice President Delcy Rodríguez accused Washington of committing “the theft of the century” by authorizing the subsidiary’s auction process in order to benefit Western economic interests represented by corporations.
“This is organized crime in the most sophisticated way, directed by the Government of the United States,” she said during a televised press conference alongside Foreign Minister Yván Gil and Oil Minister Pedro Tellechea.
Rodríguez added that the OFAC general license “violates not only Venezuelan laws but all international law,” and warned that no country can be assured that its assets on US territory will be safe “if a plot to seize and sell them can be set up overnight.”
The Vice President likewise stated that the Maduro government would not recognize “any type of deal” with foreign creditors unless done directly with the Venezuelan state. She recalled that the 2015 opposition-controlled National Assembly recognized by OFAC as the Venezuelan negotiator “no longer exists.” The parliamentary elections in December 2020 saw the legislative body renewed with a Chavista majority.
The Venezuelan official said that the members of the defunct parliament who are responsible for the loss of CITGO will face asset seizures under the newly-approved “Domain Extinction” law. Rodríguez also singled out José Ignacio Hernández, who served as Guaidó’s “special prosecutor”, for his role in CITGO’s looming breakup.
“Crystallex had Hernández as one of their experts. Later he called himself Venezuela’s prosecutor not to defend our patrimony but the interests of the company he had already represented,” Rodríguez explained.
Guaidó, who was ousted as “interim president” earlier this year, and his associates have been accused of compromising assets such as CITGO by not showing up in court, having conflicts of interest, and striking under-the-table deals with corporations. He recently fled to the United States.
For its part, the Foreign Ministry issued a communique stating that CITGO’s theft “represents a blow” to the dialogue process in Mexico and to the international conference held in Bogotá “where almost unanimously the participating countries demanded the US government lift the criminal sanctions against Venezuela.”
Finally, National Assembly deputy and Chavista leader Diosdado Cabello accused Guaidó of being behind this last blow against CITGO. “A week before [the OFAC license approving the sale] one of the greatest traitors that this homeland has ever seen fled to the United States. That is no coincidence.”
Edited by Ricardo Vaz from Caracas.
OPINION
Dear friends,
It appears that House Speaker Kevin McCarthy and President Joe Biden, according to this pundit and many others, have made a deal that shows their parties’ weaknesses and a deal that will do the US no good. Republican Representative Chip Roy of Texas has called the deal a “TURD Sandwich!” This absurd arrangement has a good chance of not passing, with a disastrous default looming on June 5th.
The Freedom Caucus, which has about 50 Republican members of the House, already opposes the 99-page arrangement, and several Democrat members of the Progressive Caucus also oppose the potential bill. Apparently, the hardliners are terribly concerned that the situation requires more spending cuts than just “two years of caps on non-defense, discretionary spending in exchange for taking the debt ceiling off the negotiating table for two years.” On the other hand, liberal House Democrats feel that Biden has given too much away to the Republicans.
Folks, this deal may not pass if McCarthy puts this up for a vote on Thursday in the House, especially if the entire Democrat members do not support it. If it does pass the House, it faces another bunch of challenges in the Senate. Furthermore, it could put McCarthy’s speakership in jeopardy, according to Chip Roy’s stated prior agreements in the election of McCarthy as Speaker.
What happens if the US defaults? For people and organizations expecting payments from the federal government on or after June 5, a delay could affect their ability to pay their own bills. That could squeeze the economy and create uncertainty for Americans, such as Medicaid recipients, IRS funding, and military spending. The full impact would depend on the duration of the delay. Some say it could even affect Social Security payments. It could put America into a major depression.
Folks, Biden’s overspending has created America’s disastrous inflation and put our nation’s economy at risk. Frankly, the agreement between Biden and McCarthy is not enough and is nothing more than a pathetic Band-Aid. Indeed, we are between “the rock and the hard place,” as my father used to say.
God only knows what is going to happen, and the Debt Ceiling problem is another major Biden example of incompetence, seemingly boosted by McCarthy’s willingness to compromise way too much.
What do you think? As always, your comments are welcome and appreciated.
Yours truly,
JUDSON Bennett-Coastal Network
OPINION
What is the Meaning of Memorial Day ?
Dear Friends,
What is Memorial Day? The holiday takes place annually on the last Monday in May and is a dedicated day for honoring U.S. military personnel who have died while serving in the United States armed forces. It used to be called Decoration Day, after the end of the American Civil war, and folks would go out and decorate the graves of dead soldiers, honoring them with flowers and flags.
In recent history Memorial Day has also meant the official start of summer with many people having barbecues with family and friends.
Folks, while everyone has the freedom to celebrate as they choose, in my view, Americans should always remember that this holiday is really a somber occasion to pause and reflect on the ultimate sacrifice these heroes have made to preserve our freedom.
On behalf of the Coastal Network, I wish everyone a blessed holiday and may God Bless America. Let us hope that the service that our veterans provided to protect our nation will continue to maintain our prosperity and happiness. Nothing else is acceptable.
Memorial Day Weekend: Colonel Barnes honored as one of Delaware’s icons!
Dear Friends,
Sometimes, I like to write human interest stories about my old home state of Delaware. One of Delaware’s icons was Herbert Barnes, Sr., who was the first State Policeman to rise through the ranks to become the Superintendent of Delaware’s finest. He did much to make the State police the fine organization they are today. Col. Barnes later was appointed by President Eisenhower as Delaware’s U.S. Marshall.
Recently, Herb Barnes, Jr., the son of this great man, who is my friend and former business partner, was given a plaque with a likeness of his father. A patch with his Dad’s picture might now be worn by all state troopers.
In 1947, under the leadership of Col. Herb Barnes, Sr., the Delaware Association of Chiefs’ of Police, an organization which was composed of active law enforcement and correctional officers, accepted the challenge to undertake a project to combat juvenile delinquency in the First State. A committee was appointed to investigate the problems confronting youth. The committee’s resulting recommendations led to the establishment of Camp Barnes for the recreation of deserving youth from throughout the state.
Herb Barnes, Jr., now handles some of the finances for Camp Barnes and was given this great award in honor of his father.
“Camp Barnes, located on Miller’s Creek, a tributary of Little Assawoman Bay, has since served the needs of thousands of children from throughout Delaware. Camp Barnes was originally designed to provide the children who were unable to attend summer camp an opportunity to experience life at a summer youth camp. Camp Barnes has remained basically unchanged, providing Delaware children with these outdoor experiences for over 50 years.
The summer camp is an overnight residential camp run by the Delaware State Police and is open to children between the ages of 10 and 13 at no cost to the camper or family. Camp Barnes accommodates 60 campers per week for six weeks. The camp is in session from early July through August. All children are eligible to attend regardless of family income.
One of the many positive aspects of Camp Barnes summer camp is the innovative use of adventure based outdoor learning experiences. Camp Barnes has on its grounds an extensive outdoor initiative course with 17 different initiative and team building elements. Some of the many activities campers participate in throughout the week include swimming in an Olympic size pool, kayaking in Millers Creek, arts and crafts, nature walks, and talent shows. Campers also enjoy a scaled down version of the Olympics, State Police demonstrations by the K-9, SCUBA and Aviation units.
Camp Barnes has a staff of 12 counselors, two cooks, and one kitchen assistant. Counselors are required to submit to a criminal background check as well as an interview. There is also a State Trooper on the grounds at all times when the camp is in session.”
Col. Barnes’ contribution to Delaware is unprecedented and I am proud to write about him on this Memorial Day weekend.
This is just a brief column to mention Ron DeSantis’ official announcement as a candidate for President of the United States. Interestingly, he did it on Twitter and there was so much interest, Twitter’s servers crashed. Will DeSantis be able to close the gap between him and Trump with Trump, who has a 30-point lead according to the polls? Time will tell us. Please stay tuned.
As always, your comments are welcome and appreciated. What do you think about the contest at this point?
I appreciate your feedback on the Delaware News Journal finally putting a white-hot spotlight on Chancery Court Corruption and the layers of harm that it is bringing to America’s First State. The damage over the years may be insurmountable at this point. May our elected officials read your words and take action! Here’s a handful of feedbacks that capture what so many of you wrote in to say:
“It is about time that the newspaper of record in Delaware puts heat on this issue!” -Ed M.
“Why it took so long is for another day. Now that the issue is raised, let’s do something about it.” -Cynthia P.
“Thank you for writing about this, Judson. You’ve been saying it for so long. Glad to see others taking note.” -Robert B.
“The Chancery Court is doing damage to Delaware. Our governor needs to strike back.” -Pamela N.
“Excellent piece by Keandra McDole in the Journal. Let’s hear more from her on this.” -Beverly V.
“Delaware is in crisis mode. I’m concerned and my neighbors are too. Thanks, Jud.” -David C.
See my Coastal Network stories below. Thank you for your emails and feedback, which is always welcome and appreciated.
Republican Governor Ron DeSantis is the best Governor in the United States in my view. During Covid-19, DeSantis kept Florida open and free, while many states, especially California and New York suffered totalitarian shut downs, making absolutely no difference in the loss of life and causing financial disaster to many businesses. Florida has prospered and is healthy because of Ron DeSantis. Our businesses are flourishing, opportunity is everywhere, and thousands of jobs are available.
Unlike so many other states and most Democrat controlled cities, DeSantis does not tolerate crime. There is cash bail, crimes are prosecuted, and criminals go to jail. Furthermore, DeSantis is a proponent of the 2nd Amendment, and Floridians are able to be armed. Concealed carry licenses are easy to get for honest citizens.
Because of Ron DeSantis, Florida’s children stayed in school, don’t have to wear masks, and outrageous teachings like Critical Race Theory and Woke culture are forbidden.
The Disney controversy is interesting where this company through its entertainment Park in Orlando was able to have its own operation independent of the State of Florida. However, when it interfered with anti-woke legislation in Florida and began pushing a woke agenda, DeSantis ended their autonomy, and now Disney is no longer going to be able to make “Mickey Mouse” control of anything. It will have to pay taxes like everyone else. I agree with DeSantis’ position.
Folks, Ron DeSantis embraces Former President Donald Trump’s platform, but does not have the baggage that Trump has. Will DeSantis be able to defeat Trump in the Republican primary if he runs for President? Trump has a tremendous lead according to the polls, however the final outcome remains to be seen.
Florida is truly a free state because of Ron DeSantis and as he once said, “Florida is where woke comes to die!” Indeed, thousands of people are flocking to Florida to escape the despotism of New York, California, and many of the criminally controlled Democrat cities that are on the verge of anarchy.
What do you think about Ron DeSantis? Could he be our next President? As always, your feedback is welcome and appreciated.
I am addressing this dissertation mainly to my liberal friends. We are about to lose everything that America is about—freedom of speech is being threatened and open political disagreement with Joe Biden’s ridiculous agenda is seemingly being investigated and prosecuted by corrupt government agencies? Can you imagine concerned parents being investigated by the FBI because they voiced concerns over Critical Race Theory being taught in our schools? Can you imagine a former President’s home being raided for classified documents while our current President had classified documents lying on the floor of his garage? The double standard that is occurring is outrageous and frankly frightening?
After apparently selling out the American people through his son Hunter for millions of dollars in an incredible influence peddling scheme involving the Ukraine, Russia, China, and Romania among others, from which the entire Biden family has profited, President Joe Biden is no doubt severely compromised.
The evidence through Hunter’s laptop and testimony from former partners is overwhelming. Evidence from IRS and FBI whistleblowers has been documented, while these brave individuals are being harassed and removed from further investigation by their respective agencies? A huge cover up seems to be developing. Is President Joe Biden guilty of interfering with the wheels of justice?
One of the few honest journalists left in our country, Miranda Devine, from the NY Post, wrote a realistic expose titled “The Laptop from Hell” laying out the incredible crimes from these corrupt operators.
Besides, destroying our oil operation, taking us from being energy independent to having to buy oil from our enemies, Biden is violating our immigration laws, allowing millions upon millions of illegals to cross our southern border who are given food, clothes, cell phones, and housing in hotels, while veterans are put out on the street!
The FBI and the IRS have been weaponized against Republicans. This is what happens in Banana Republics! Bogus investigations, absurd raids, falsifying documents, and biased viewpoints are prevalent. How can Americans trust these once respected agencies ever again? Apparently, if you disagree openly with the Democrats and are vocal about it, you could be at risk by these weaponized institutions. This is not the America I used to know and it is frightening. Banana Republic???
Folks, the degree of President Biden’s arrogance is real. How one man with the help of left wing extremists and certain members of the Democrat party could severely compromise our freedom is beyond any reasonable understanding? We must stop these monsters who are implementing a totalitarian, socialist government that will take away our crucial freedoms!
I believe, without a doubt, that we are on the brink of losing everything that our constitution provides because of the criminal in the White House! The 2024 election is paramount. Folks, if political changes are not made, our country will evolve into anarchy, with the eventual institution of a communist regime, allowing certain wealthy individuals and politically connected despots to languish in luxury and privilege, while the rest of us wallow in mediocrity?
That is how I see it. Are you as concerned as I am? I wonder if many of you have no clue how bad things really are? As always your comments are welcome and appreciated.
Respectfully Submitted.
JUDSON Bennett-Coastal Network
OPINION
Dear Friends, I appreciate your feedback on Keandra McDole’s piece in the Delaware News Journal. Many of you said it’s high time that America’s First State’s largest newspaper put a spotlight on the corruption that I’ve been pounding the pavement on for years. Finally, they get it. They see the economic damage and the reputation destruction a corrupt Chancery Court is doing to our great state. Now that the newspaper of Delaware is concerned, will it force our politicians to act on this crisis?! Keep your feedback coming on this! Read the important story below. It’s time to solve this threat.
Keandra McDoleSpecial to the USA TODAY Network As every native Delawarean knows, our state is the business incorporation capital of the world. Fortune 500 companies want to incorporate in our state for tax reasons and to take advantage of Delaware courts created to handle their specific cases. And, of course, Delaware’s economy benefits financially from these special business laws.
In fact, 20% of our state’s entire budget relies on the incorporation industry and LLC fees. This means that of $14.5 billion of our state’s spending plan, $3 billion comes directly from the incorporation industry and LLC fees. Our schools, roads, police and fire services, and public assistance for those in need — from Wilmington to Dover to Millsboro — rely on this 20%.
Right now, Delaware is facing a crisis that we should all be concerned about. Major corporations like Twitter, TransPerfect — which is a leader in the world of translation services — and many more companies have announced they are leaving Delaware for Nevada. With their departures, these corporations are taking major revenue away from us.
The answer is very simple if you are wondering why these companies are leaving — corruption throughout the Delaware Court of Chancery. The court has made a name for itself in not being transparent or impartial in its structure and its rulings. That is enough for companies to look elsewhere to resolve their disputes fairly.
The chancery court ordered the forced sale of TransPerfect, although the company’s founders and employees objected. Imagine being a respected business owner, and a court tells you that you have no choice but to sell the company you built and founded and have no voice in the matter. The Delaware Court of Chancery does not try to find a middle ground; instead, they use their authority to bring big bucks to the lawyers and systems in front of them. The TransPerfect case mirrors Twitter’s situation — that is why one of the biggest social media platform companies left Delaware for Nevada. Nevada doesn’t have conflict of interests or an entrenched “old boys’ club,” and is consistent and fair in their court rulings on business disputes.
If more businesses decide to follow TransPerfect and Twitter’s lead, Delaware will lose significant tax revenue, which affects all of us who live here in Delaware. And the services that will feel the most loss fall within affordable housing, healthcare, and education — crucial services needed for our most vulnerable neighbors.
As a Black Wilmington native and racial justice advocate, I know personally that loss of tax revenue will disproportionately punish people who need those investments the most. Historically, low-income communities, Black and Latino residents have always been left out, and will be even more left out if tax revenue dwindles. Today in Delaware, Black and Latino people are each more than twice as likely to live in poverty than white people. And while white unemployment in Delaware is 3.4%, it is higher for Latinos at 5% and 7% for Black individuals. I’m not sure the all-white chancery court recognizes the impact their decisions have on the communities of color.
Delaware has a long way to go to reverse the chancery court’s reputation, and it requires acknowledging the unethical ways of the court system. We need a judicial code that incorporates reforms and demands transparent oversight, accountability, diversity and fair rulings to restore faith in Delaware’s position as the “incorporation capital of the world.”
We have seen Nevada take our companies, and more companies will follow suit if we remain silent rather than fighting for change. Further, bold changes are needed to make Delaware a vibrant, prosperous and safe state for our most vulnerable communities for generations after us. We need to look forward to that change but to accomplish it, we need to make our elected leaders hear our voices.
Keandra McDole is a Wilmington activist.
OPINION
Dear Friends,
Folks, you’ve been hearing from me, now hear it from Keandra McDole and her spot-on piece in the Delaware News Journal. Chancery court corruption is threatening Delaware’s economic future, she says in her story. $3 billion a year is at stake in Delaware. She explains how vital that money is to our state’s future!
Delaware is facing a crisis. We should all be concerned. It’s vital we solve this now. This is key to the survival of America’s First State.
Please send your feedback on this. It’s always welcome and appreciated! Read her story in the News Journal below and let me know your thoughts.
As every native Delawarean knows, our state is the business incorporation capital of the world. Fortune 500 companies want to incorporate in our state for tax reasons and to take advantage of Delaware courts created to handle their specific cases. And, of course, Delaware’s economy benefits financially from these special business laws.
In fact, 20% of our state’s entire budget relies on the incorporation industry and LLC fees. This means that of $14.5 billion of our state’s spending plan, $3 billion comes directly from the incorporation industry and LLC fees. Our schools, roads, police and fire services, and public assistance for those in need — from Wilmington to Dover to Millsboro — rely on this 20%.
Right now, Delaware is facing a crisis that we should all be concerned about. Major corporations like Twitter, TransPerfect — which is a leader in the world of translation services — and many more companies have announced they are leaving Delaware for Nevada. With their departures, these corporations are taking major revenue away from us.
The answer is very simple if you are wondering why these companies are leaving — corruption throughout the Delaware Court of Chancery. The court has made a name for itself in not being transparent or impartial in its structure and its rulings. That is enough for companies to look elsewhere to resolve their disputes fairly.
The chancery court ordered the forced sale of TransPerfect, although the company’s founders and employees objected. Imagine being a respected business owner, and a court tells you that you have no choice but to sell the company you built and founded and have no voice in the matter. The Delaware Court of Chancery does not try to find a middle ground; instead, they use their authority to bring big bucks to the lawyers and systems in front of them. The TransPerfect case mirrors Twitter’s situation — that is why one of the biggest social media platform companies left Delaware for Nevada. Nevada doesn’t have conflict of interests or an entrenched “old boys’ club,” and is consistent and fair in their court rulings on business disputes.
If more businesses decide to follow TransPerfect and Twitter’s lead, Delaware will lose significant tax revenue, which affects all of us who live here in Delaware. And the services that will feel the most loss fall within affordable housing, healthcare, and education — crucial services needed for our most vulnerable neighbors.
As a Black Wilmington native and racial justice advocate, I know personally that loss of tax revenue will disproportionately punish people who need those investments the most. Historically, low-income communities, Black and Latino residents have always been left out, and will be even more left out if tax revenue dwindles. Today in Delaware, Black and Latino people are each more than twice as likely to live in poverty than white people. And while white unemployment in Delaware is 3.4%, it is higher for Latinos at 5% and 7% for Black individuals. I’m not sure the all-white chancery court recognizes the impact their decisions have on the communities of color.
Delaware has a long way to go to reverse the chancery court’s reputation, and it requires acknowledging the unethical ways of the court system. We need a judicial code that incorporates reforms and demands transparent oversight, accountability, diversity and fair rulings to restore faith in Delaware’s position as the “incorporation capital of the world.”
We have seen Nevada take our companies, and more companies will follow suit if we remain silent rather than fighting for change. Further, bold changes are needed to make Delaware a vibrant, prosperous and safe state for our most vulnerable communities for generations after us. We need to look forward to that change but to accomplish it, we need to make our elected leaders hear our voices.
Keandra McDole is a Wilmington activist.
OPINION
Trump Does His Thing at CNN Town Hall In New Hampshire
Dear Friends,
I watched with great interest the Town Hall meeting held by CNN. Former President Trump expounded on his achievements and his future platform, while answering questions from the audience. Considering how the CNN Network despises Trump, indeed it was a brave move on his part which, in my view, he handled extremely well, while truly thrust into an adversarial situation with an antagonistic moderator named Kaitlan Collins.
Without a doubt, Collins was rude, caustic, uninformed, and obviously biased. She did everything she could to interrupt Trump, contradict his statements, and do everything possible to make him look bad. If anything she came off as clearly biased and unprofessional. Trump actually made her look incompetent. I laughed when Trump called her a “nasty woman”.
The only issue I had with Trump’s performance was his reference to “the rigged election”. Whether it was rigged or not, it was never proven and that argument does him no good.
Beyond the attacks by Collins, Trump in my view, clearly won the day in an extremely hostile environment. He nailed Biden on his grotesque and failed border situation, his outrageous inflation, and his horrible withdrawal from Afghanistan.
Trump defended himself very well about the January 6th riots, and clarified the truth as to exactly what he said. Collins attacked Trump over and over again about his rape lawsuit and his previous risqué statements. Over and over again, Collins showed her bias and over and over again Trump held his own, making her look like a malicious shrew!
Folks, the bottom line in my opinion, is that Trump advanced his agenda successfully and was able to achieve the publicity he is so good at turning into his political advantage.
I truly believe Donald Trump, through this bold move in going forth with a CNN event (truly enemy territory), has begun a viable campaign in pure Trump style which will put him in a position to win the Presidency. For sure, in this CNN deal, despite the designed controversy by Kaitlin Collins, Trump won the day.
That is how I see it. What do you think ? As always your feedback is welcome and appreciated.
I’ve been reading all about Supreme Court Justice Clarence Thomas and his failure to disclose trips paid for by a conservative billionaire friend. Such outrage! People on both sides of the aisle are angry about this, but I ask, in all earnestness, what about the lavish trips that Andre Bouchard and Leo Strine took to New Orleans courtesy of taxpayer dollars? Where is the outrage or investigation there, folks?
It’s time to stop Delawareans from paying for it! Indeed, it is TIME we stop this and close down the Good Ole Boys Club. Bouchard and Strine resigned in disgrace, but they were not brought to justice for their corruption in the TransPerfect case. I’ve been asking this for quite some time now, and I ask again: Will Delawareans continue allowing taxpayer money to finance the Chancery trips to New Orleans?
Please send your feedback on this folks, it is always welcome and appreciated.
Senators seek probes into report on undisclosed luxury trips by Supreme Court’s Thomas
By Andrew Chung and John Kruzel
WASHINGTON, April 6 (Reuters) – Conservative U.S. Supreme Court Justice Clarence Thomas has for decades accepted luxury trips from a Dallas businessman without publicly disclosing them despite a federal law requiring disclosure of most gifts, a media report said on Thursday, prompting Senate Democrats to call for an investigation.
The report by ProPublica found that Thomas has repeatedly vacationed with real estate magnate and Republican donor Harlan Crow, including on his private jet and superyacht in the United States and around the globe. The news outlet said the frequency of the gifts have “no known precedent in the modern history of the U.S. Supreme Court.”
Thomas and Chief Justice John Roberts did not immediately respond to a request for comment. The report raises new questions over potential conflicts of interest involving the justices and the court, which has endured escalating criticism for its lack of a formal ethics code.
Crow told ProPublica in a statement that he and his wife have been friends with Thomas and his wife since 1996 and have “never sought to influence Justice Thomas on any legal or political issue.”
Senate Judiciary Committee Chair Dick Durbin said his panel “will act” based on the report, without specifying what steps it would take.
OPINION
Dear Friends,
I find it amusing that ironically CNN is hosting a Donald Trump Town Hall Meeting next Wednesday in New Hampshire. Interestingly the left wing is freaking out over the actual giving of Trump free media time by CNN.
Apparently the fairly new CNN Chairman and CEO Chris Licht recognizes that Trump is always big news and intends for the network to be less partisan.
It could turn out to be a major ambush, however, Trump is a master of the media and believes that press exposure, especially concerning controversial issues, always helps him.
I think Trump as the GOP leader is doing the right thing politically and it is a stroke of Genius to arrange this CNN Town Hall Meeting.
Check out the article below and let me know what you think. Your comments are always welcome and appreciated.
CNN’s decision to host a town hall with former President Trump has sparked fresh controversy around media coverage of the former president.
The network, which had a mutually antagonistic relationship with Trump during his time in the White House, will host a New Hampshire town hall in prime time next Wednesday. CNN anchor Kaitlan Collins will moderate.
CNN came under fire almost as soon as the news of the event broke.
MSNBC host Mehdi Hasan tweeted on Monday that CNN was “giving a live primetime platform to an indicted insurrection-inciter, who also incited violence against their network.”
Hasan added that he had been asked many times whether the media had “learned lessons” from 2016 and 2020, and that CNN’s decision indicated to him that “clearly some in our media have not.”
Liberal activists were equally condemnatory of the decision.
Shaunna Thomas, the co-founder and executive director of UltraViolet, a pro-gender equality organization, called Trump “a flagrant misogynist” and “insurrectionist” to whom CNN was about to give “free airtime and an unfettered platform to spew lies and hate.”
Her organization is calling on the network to cancel the event.
Angelo Carusone, president of the liberal nonprofit Media Matters for America, called the proposed event “at least a little odious” and a “transparent attempt to goose their ratings.”
David Kurtz, executive editor of the left-leaning media outlet Talking Points Memo, wrote that CNN choosing to do a town hall event rather than a one-on-one interview “enables Trump and those like him free rein to spew misinformation, falsehoods, and half-truths unhindered by any mediating journalistic considerations.”
On social media, there was plenty along the same lines.
The contours of the debate are familiar from Trump’s original run for the presidency and the years that followed.
The early stages of Trump’s first presidential run, which he launched in mid-2015, were granted enormous media attention.
Critics on the left contended this was one of the major factors that enabled the then-candidate to leapfrog other, more established rivals on his path to the GOP nomination.
While Trump was president, CNN in particular often seemed to adopt an openly adversarial tone — something which boosted ratings, riled conservatives and arguably damaged CNN’s brand.
Chris Licht, who took over as CNN’s chairman and CEO last year, is widely perceived to be seeking to shift the network onto a less partisan footing.
Still, the debate around appropriate coverage of Trump is given added edge in the wake of his fictional claims of election fraud in 2020, his conduct in and around Jan. 6, 2021, his recent criminal indictment in Manhattan and the ongoing trial centered upon E. Jean Carroll’s accusation that Trump raped her in the mid-1990s.
Does the CNN town hall give a platform to a public figure who is uniquely prone to misinformation and inflammatory language, as its critics claim?
Or, as its defenders could argue, is it absurd to suggest that any mainstream organization can ignore a figure like Trump who, these days, is the clear frontrunner for the GOP’s 2024 nomination?
Those in the middle say they appreciate the complexity of the situation.
“It’s too easy to say Trump got elected because the networks gave him so much airtime,” David Greenberg, a Rutgers University professor of history, and of journalism and media studies, told this column. “Simply putting someone on the screen doesn’t magically make them president.”
But Greenberg, who is also the author of a book, “Republic of Spin,” dealing with the presidency, media and communications, added that it was nonetheless important for CNN to retain a sense of proportion in its Trump coverage.
“It is naive to expect that mainstream media will just boycott Trump. And even if they could be pressured into doing so, I’m not sure that would be the right thing to do. You don’t want to boycott Trump but you don’t want to give him a platform disproportionate to the other candidates.”
CNN has so far offered only standard, broad descriptions of the nature of the town hall event, asserting that it is part of a “longstanding tradition of hosting leading presidential candidates,” and that such events are “a critical component of the network’s robust campaign coverage.”
There will clearly be enormous focus on what the network does to push back against any factually untrue comments made by Trump.
Grant Reeher, a professor of political science at Syracuse University’s Maxwell School, said he would be “stunned” if CNN did not offer significant fact-checking of Trump, whether in a dedicated segment, in a post-town hall panel discussion or from Collins herself.
But Reeher also defended the nature of the event.
Trump “is a former president. He is, whether we like it or not, a legitimate candidate for the nomination. So I think it is entirely appropriate to host a town hall,” he said.
Reeher also argued vigorously that it would be an equally serious dereliction of duty if CNN or any other network bowed to the demands of activist groups and de-platformed such a central political figure.
“Some of the networks, during some periods in the last eight years, have dropped their impartiality, but that would be another level,” he said, adding it would amount to the media taking “a giant step over the line.”
The hubbub is sure to continue right up until the event itself, and perhaps beyond it.
Opinion
Dear Friends,
I originally wrote about the Sussex County “Register of Wills Office” several years ago when Andre Bouchard played political games in picking a Chief Deputy, hiring one incompetent Democrat, after another. I also gave tremendous credit to Cindy Green in those days who turned that office around, updating everything to modern times, computerizing the operation.
I apparently can’t say the same thing about the current Sussex Register of Wills, Greg Fuller—a lifelong Democrat who switched parties to get elected. In an absurd “personal pissing match” Fuller was able to get himself elected in a divided Republican party that used, in my view, a personal vendetta to elect someone who was not the most qualified? Perhaps Fuller should be nicknamed “Full of It”?
The first thing this guy did was fire the most competent, educated, and organized worker in the office out of personal spite! He and the County are lucky they were not sued, as evidenced by the fact when the Council realized the huge mistake, they immediately found her another county position with equal compensation.
Since that time, my reliable information has told me the office of the Register of Wills is in absolute chaos and nobody knows what they are doing. It is my understanding there is not a Chief Deputy and the office is basically dysfunctional? Could all this be because the wrong person was elected through a misguided Republican primary. Did the voters make a huge mistake?
If my information is accurate, apparently the Sussex County Council and the County Administration are not doing anything about it, much to the detriment of the people of Sussex County?
Yikes, so be it in this small world of petty politics creating local inefficiency which should not happen?
Anyone who wants to wade in on this or provide some more information, please respond. As always, your comments are welcome and appreciated.
TransPerfect CEO Refers to Delaware as “State-Sponsored Hostile Takeover Attempt.”
He is being magnanimous—he defeated corruption and corporate terrorism by the Chancery Court
Dear Friends,
TransPerfect CEO refers to Delaware as “state-sponsored hostile takeover attempt.” He is being magnanimous – he defeated corruption and corporate terrorism by the Delaware Chancery Court. All of this is outlined in the Multilingual Magazine story below.
“I have battled everything imaginable, from the social and economic impact of the 2008 global financial crisis, September 11th, and two U.S. wars – to over-zealous competitors and a state-sponsored hostile takeover attempt,” he says in the story.
For more, please see the story below. Please give it a read and let me know your thoughts, folks. Your feedback is always welcome.
It’s been a steady climb over three decades for TransPerfect. A company that started in a college dorm room is now a massive operation and, according to the recently released Nimdzi 100 report, the largest language company in the world, as well as the only one with an annual revenue of more than one billion US dollars. With more than 30 years of growth under his belt, TransPerfect co-founder and CEO Phil Shawe can take a moment to pause and enjoy the view from the top. But there isn’t time to rest and reflect for long. With the language and localization industry undergoing a technological transformation, companies are taking steps now to prepare for the future. TransPerfect is no exception. We spoke to Shawe about what comes next, even as he reflects on a long career of growth and success.
According to the recently released Nimdzi 100, TransPerfect once again takes the top spot as the biggest language company in the world. What do you attribute that success to?
TransPerfect began operations more than 30 years ago in an NYU dorm room with little more than two students and a dream. To say we were a “bootstrapped startup” would be an understatement — we gained experience by personally handling every aspect of the business. This instilled a spirit of client commitment and entrepreneurship that is still in TransPerfect’s DNA. However, even back then, we knew that if we wanted to scale the business, we’d have to attract and retain great people. After some painful trial and error, we eventually came to an all-important realization: In the long run, people are the true asset, and the only competitive advantage that a business can sustain over time. Our corporate culture and core values developed from that point onward.
Diversification of customers is another key element of the business that we adopted early on. When we won a big client, it just motivated us to win more. We had seen some of our friends at advertising agencies live through the loss of a major account that made up most of their business — and it wasn’t pretty. This led us to set aside the conventional wisdom’s urge to specialize and instead consciously attempt to service many different industries. “If one sector is down, another is likely up,” we reasoned — and that’s been key to TransPerfect sustaining growth for 30 consecutive years.
Embracing technology and change has also been pivotal to our success. This began in 2002 when we acquired eTranslate and welcomed Mark Hagerty (CTO), Yu-Kai Ng (CIO), and Keith Brazil (SVP, Technology) to our senior management team as well as the nascent GlobalLink platform. Seeing the potential, we invested aggressively each year in technology and developed a suite of integrated solutions — intending to create the world’s leading translation automation platform for businesses.
Lastly, “pay it forward” became one of our mantras. Meaning, when someone attains a certain level of success in the TransPerfect system, we ask them to repay the company by coaching the next generation of leaders. Our company culture became one of continual learning, and we invest heavily in training — also critical to growth. A growth company is really less about being sales-oriented and more about continuing to drive value for existing customers — so you need to retain skilled people to grow. To that end, we coach managers to take a personal interest in the career goals of each individual team member. For TransPerfect, this results in a vision of shared success, interesting career paths, and long-tenured executives.
TransPerfect was founded in 1992 and has grown over 30 years in language work and solutions. Do you believe the timing of the company’s founding contributed to its eventually dominant position in the industry?
Yes. Technology has made the world a smaller place and promoted global business over the past 30 years. We have always had a culture of embracing new technology — and I attribute much of our success to continuous investment in technology and people.
The early 1990s to the early 2020s will likely be remembered as pivotal in the history of globalization. What are some of the biggest changes you’ve observed over that time?
This list is by no means exhaustive: First, we had the advent of the internet, then ecommerce, then SaaS, then mobile apps, then social media, then the proliferation of video — content has evolved both in its form and means of delivery. Just as translation memory completely changed the industry in the 1990s, neural machine translation and AI are doing so today. I see each of these advancements as an opportunity — and TransPerfect’s challenge is to adapt and harness those opportunities to the benefit of our clients. We have a strong track record of embracing technology advancements, investing heavily, and emerging stronger after these inflection points.
Today, our technology R&D budget is larger than it has ever been, and we are leading the charge on human-in-the-loop automation for translation workflows.
Tell us a little about your leadership style. How have you guided TransPerfect through those pivotal years? Have you taken any inspiration from key leaders, either historical or contemporary, in business, government, or elsewhere?
Our management style is based on coaching. We believe in leading by example — and every manager is somewhat a player/coach. The core of what we ask our leaders to do can be summed up in three concepts: Hire the best people, align incentives, and get out of the way.
We’ve taken inspiration from many leaders over the years, including Colin Powell, Charlotte Beers, and Richard Branson — all three have spoken at our training conferences. I’ve also personally drawn inspiration from a vast array of writers that range from Jimmy Buffett to Quentin Tarantino to Alexandre Dumas. And we once did a management training completely focused on the poem If— by Rudyard Kipling. Other cultures are also a source of inspiration — and somewhere there is training based on proverbs posted alongside a trek I did with other managers in Bhutan. Closer to home, my brother and football coach, Larry Shawe; my mom and co-owner, Shirley Shawe, who taught me to stand up to bullies; and our advisory board member, Bruce Redditt, have all been sources of inspiration over the years.
Perhaps most importantly, I take inspiration from our staff — they often solve problems in a better way than I do. And that epitomizes our management style — we’re always trying to hire someone who can do the job better than we can.
TransPerfect has been a leader in the trend of mergers and acquisitions that we’re seeing dominate the industry today. Can you tell us a little about how you formulated your M&A strategy and executed it?
Our M&A approach is fairly unique: We have a long-term approach and are looking for long-term partnerships. We typically go into deals hoping the leadership and the people stay on. We have never done a deal valued on “synergies” — which, in the private equity world, typically means cutting jobs.
More generally, we are always on the lookout for like-minded executives and cool technology that fit well within our existing tool set. Our ideal merger candidate is an entrepreneur who is comfortable in ceding some control to become part of something larger — and we want our incoming leaders to have the autonomy needed to run and grow their businesses.
We have completed more than 30 M&A transactions, and I consider every one of them a success in some way. I cannot overestimate how much the executives who joined us through mergers have made TransPerfect what it is today.
Can you tell us anything about your plans to pursue growth moving forward? Do you have any plans for additional M&A activity, or is that phase of your strategy completed?
Today, our business grows from a combination of organic growth, driven by our sales team, and strategic M&A, and we see this continuing. One thing I love about my first 30 years at TransPerfect is that we have never known the pressure of making quarterly numbers, so we can make decisions based on what we feel is in the long-term best interest of the company, our team, our vendors, and our clients.
Leaning into technology changes has served TransPerfect well over the years. For instance, according to your website, your translation management and website localization technology, GlobalLink, yields a 50% savings in costs, timelines, and translation project management. How did TransPerfect formulate its approach to driving language technology over 30 years?
Our technology roadmap is driven by listening to our customers. A primary place this happens today is the GlobalLink NEXT user conferences, and I encourage all clients to attend. At the last GlobalLink NEXT in San Francisco, I heard executives from companies like Microsoft and Amazon presenting how they use our technology to benefit their businesses — that was a very proud moment for many of us. The GlobalLink Suite has evolved massively over time, adding flagship technologies, such as TransPort and OneLink, alongside Project Director as well as extending our footprint into media and gaming localization.
What does the future of language technology look like, and how does TransPerfect plan to approach it?
We fully embrace Neural MT, AI, and generative technology like ChatGPT. By aggressively harnessing technologies like these within our GlobalLink workflows, we let the machines do what they can and let humans do what they’re best at.
As the largest company in the language industry with 8,000 full-time employees and a network of more than 10,000 certified linguists and subject-area specialists, TransPerfect is a company of enormous size and influence. How did you build a team to manage such a large organization?
First, we promote from within. It is very rare at TransPerfect for someone to manage someone in a job they haven’t actually done. Our executives often become seasoned industry veterans quickly based on our growth, and the organizational chart fills in underneath them. The most challenging thing about running a large, multinational organization with more than 8,000 employees is that with every new layer of management, we have to do our best to make sure that our knowledge, values, and principles get passed down.
There is one trick to running a large organization successfully — and that is to run many small organizations successfully — and then add them up. To run small organizations successfully, you have to develop ways to measure success, and TransPerfect often uses custom metrics that are not easily understood by those not immersed in our business.
Tell us a little about your personal life. What do you do to relax and decompress when you’re out of the office?
I’m an avid fan of American football and all sports, really. I hike, bike, ski, snowboard, and play racquet sports, like pickleball, beach tennis, and padel. I like nature and history and will take any opportunity to go to a UNESCO heritage site. Perhaps most of all, I like to travel and experience other cultures — a passion many of our senior managers share.
I am extremely proud that TransPerfect has grown to a point where our people can make geographic life changes without necessarily having to change careers.
I’m also really proud that, even throughout turbulent times, TransPerfect never stopped our efforts to give back and support the communities in which we live and work.
Before we let you go, is there anything you want to add?
If you always get up after you fall, keep at it, and do the right things daily — odds are you will eventually succeed. I have battled everything imaginable, from the social and economic impact of the 2008 global financial crisis, September 11th, and two U.S. wars — to over-zealous competitors and a state-sponsored hostile takeover attempt. So, whatever storms may come your way, my best advice is to maintain a calm and steady hand at the wheel — and always keep moving forward.
I couldn’t be happier with or more thankful for today’s TransPerfect team, and I can’t wait to see what we do next.
OPINION
Tucker Carlson Fired by Fox & Don Lemon Fired by CNN in Prime Time Media Shake-Up
Dear Friends,
I was frankly shocked to hear that famous Fox talk-show host Tucker Carlson was actually canned by Fox News for apparently lying about the notorious Dominion Voting machines. All I can say is “Wow”. Here today and gone tomorrow.
I liked the guy and his many interviews. His interesting conservative opinions were always enjoyed by thousands thrusting him into the big time. Now he is done, done, done. I will kind of miss him and his glib personality.
On the other hand, raciest, left-wing, self-absorbed Don Lemon was also canned for many of his misrepresentations, as I see it, folks. In my view, this sycophant deserved to be fired. Good riddance!
It seems that both networks, Fox being superior in all ways in my view, have had a stroke of conscience—deciding to implant ultra-integrity into their broadcasts. Of course Fox’s $1 billion dollar settlement might have had something to do with Carlson’s demise.
Nothing is certain and everybody is potentially vulnerable if they cross the line. So be it.
Check out the Fox News and Politico stories below and send me your opinions.
I used to think former President Jimmy Carter was the worst President in U.S. history, but there is nobody worse than Joe Biden! He is without a doubt an abomination. His wife Jill is not much better. She is also a nefarious liar.
Biden’s lies and corruption began when his original campaign for U.S. Senator bribed Frank Sheeran, the former head of the Teamsters Union to call a strike so the Delaware News Journal, which was endorsing his opponent, incumbent Senator Caleb Boggs, could not be delivered. I have the evidence and it will be proven very soon. Biden ended up winning by a narrow margin. He cheated and won. That is how Biden got his start.
His wife Jill, in her book, lied about how they met, saying they met on blind date. NOT True. They knew each other through her former husband and she was fooling around with Biden while she was married to her former husband, as I understand it to have happened, folks. I can prove that also and that will soon be exposed, as well.
Since that time, Biden has become the most corrupt President in U.S. history. He intentionally destroyed our oil industry, creating outrageous inflation. He intentionally opened our Southern Border to millions upon millions of illegal aliens–an absolute criminal offense–violating our immigration laws and putting our national security at risk.
He has intentionally ruined female sports by ordering Transvestites-men who pretend to be women, to be allowed to compete in female sports. This is outrageous and is an insult to every real female in our country.
He is guilty of influence peddling, selling his office to China, Russia and others–all with the help of his crackhead son Hunter. REMEMBER “10% TO THE Big Guy”, clearly described on Hunter’s laptop? Frankly, his actions are tantamount to treason!
He has weaponized The FBI and the IRS to attack and prosecute Republicans illegitimately, while real criminals conduct unbelievable crimes nationwide with impunity.
He is now paying millions of dollars to the Taliban with our taxpayer money–after his disgraceful exit from Afghanistan, which caused the death of 13 American servicemen, and leaving behind thousands of loyal Afghans who served us for many years. He also left behind billions of dollars of military hardware-making the Taliban the most well-armed terrorist group in the world!
Biden is spending millions of our taxpayer dollars on the fallacious Green New Deal which is absurd, while China builds a new coal plant every week.
There is much more, but I don’t have enough time to write a book.
Folks, he is intentionally attempting to ruin America and the damage he has done already is frightening.
Four more years of this monster will ruin our country. He must be defeated if he runs again. He should be impeached, removed from office, and then be put in prison for the rest of his life.
Frankly, anybody who votes for this monster and the Democrats who support him, is either totally ignorant or intrinsically evil.
That is the way I see it and I refuse to live under Biden’s grotesque operation any longer without speaking up. I would rather be dead.
As always your comments are welcome and appreciated. Bring it on, I am well equipped to defend my positions.
Yours truly,
JUDSON Bennett-Coastal Network
OPINION Judges Like Andre Bouchard Dodge Public Scrutiny, Our Elected Officials Do Nothing, But Your Feedback Rolls In!
Dear Friends,
After NBC News wrote an excellent spotlight piece on how judges like Andre Bouchard somehow, time and time again, are enabled to dodge and weave and avoid public scrutiny after potential misconduct — you wrote in to underline how unjust this truly is.
Zero or few judges have been sanctioned in recent years, just like with Bouchard, and our elected officials such as Delaware Governor John Carney do nothing.
I’m glad you’re outraged. Here’s some of your feedback. Maybe they’ll listen to us now!
“Our morals are falling to an all-time-low and this lack of punishment of judges is a new low.” -Bruce B.
“If we can’t hold judges accountable, who can you hold?” -Jackie L.
“As you well know, I always learn more about Delaware. The U.S. is collapsing faster than a blink of an eye.” -Georgia P.
“As usual, you succinctly get it all out there, Judson. NBC News is right on with this story.” -Albert G.
“Why is Delaware so unconcerned with this? We’re losing our reputation fast!” -Gail M.
“These judges and those who let them get aways with it are dirtbags!’ William B.
“Until this is fixed, it will likely escalate, Jud. Thanks for your coverage.” -Jill G.
“These guys should be indicted and put in prison.” -Jack R.
Thank you for your welcome feedback, folks. As always, keep them coming.
Folks, although I am a conservative, I have absolutely no problem with men or women who choose to be gay. I am not homophobic. If a man wants to marry a man or a woman wants to marry a woman that is fine with me as well. If a woman wants to pretend to be a man or a man wants to pretend to be a woman—the Transgender situation, that is also fine with me. At one time, Bruce Jenner was my hero, now as the world’s most famous transvestite, Bruce has now become Caitlyn Jenner.
All this being said, there are a few problems, created, ordered, and allowed by President Joe Biden and certain WOKE educators that I find reprehensible and outrageous.
1) A transgender male who wants to be a woman can go into the girl’s bathroom or locker room and expose his penis and testicles to girls that are there. Do you want your daughters to be exposed to that?
2) Certain left wing educators actually try to influence children to be another sex without consulting the parents. Do you want your child to be influenced in that way?
3) Finally, and the most disturbing thing about this is the fact that Transgender males who now want to be women, can now participate in female sports. These individuals are still biological males who are stronger and faster than normal females. If you have a daughter who is a great athlete in any sport, she can no longer be a true winner or be a champion. Already, the top female swimmer in the United States was defeated by a transgender male who is 6 foot 4 inches tall from the University of Pennsylvania. When she attempted to talk about it, she was attacked by vicious Transgender males. Even Caitlyn Jenner, who is very reasonable voiced his/her opinion, stating this was not proper and should not be allowed. If you have a daughter who is an athlete, do you want her to never be able to win because she will in most cases be defeated by a biological male? This affects swimming, track and field, girl’s softball, basketball, tennis, and every competitive sport.
These 3 situations, clearly ordered by President Joe Biden are to me beyond reasonable and are reprehensible. It offends the conscience and is just plain wrong.
That is my opinion. How do you feel about it? As always your comments are welcome and appreciated.
Sincerely Yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
I shared the video and post as TransPerfect India, thankfully was not bought out by a private equity company, whcih would have laid off employees. Instead, thousands of jobs were saved.
The Chancery Court Corruption was out for destruction, as I see it, folks.
Chancery’s evil plan didn’t work–and the corporation is thriving!
Here are some of your comments, which are always appreciated: “Dysfunctional my ass. It wasn’t at all. I’m glad to see it worked out for this company.” -Michael
“Thanks for sharing this video, Judson. The culture is so festive there. I would never have seen anything like this.” -Stephanie
“Apologies for my repeatedly mundane reply, but I always learn a LOT from you. Stay well. Thanks.” -Georgia
“I do agree the company would have been broken up. But what else was in it for the Chancery and Bouchard? Simply money?” -Frank
“The video is inspirational. I’ve watched it a few times.” -Karen
”Jobs were saved. That’s what matters most. Such a perplexing case.” -Jonathan
”I love the greeting and the music.” -Lisa
”Bouchard was out for his own interests and anyone watching can see that. Glad he wasn’t able to take this company down.” -Nick
“I enjoyed watching this, thank you for sharing, Judson.” -Shaun
Thank you for your welcome feedback, folks. Keep them coming!
I used to think that former President Jimmy Carter was the worst President in U.S. history. Joe Biden, an incompetent wretch who has in the past two years done more damage to our once great society than one could possibly perceive.
Do you like the fact that we have millions upon millions of illegal aliens invading our country who are fed, clothed, educated, and turned loose, not to work, but to suck up our assets, while Americans suffer? All on Biden!
Do you like the fact that thousands of Americans are dying from horrible drug overdoses? All on Biden!
Do you like the fact that Female Sports are now compromised because men who decide they want to be women unfairly compete against female athletes? All on Biden!
Do you like the fact that the fallacious “Green New Deal” is literally breaking America, while China spews devastating crap into our atmosphere? Do you like the fact that we are being forced into buying electric cars that are not even slightly good for the environment? All on Biden!
Do you like the fact that your President with the help of his entire family is guilty of influence peddling–reaping millions of dollars? All on Biden!
Do you like the fact that our American Cities are open sewers of crime, created by incompetent Democrat Mayors, all supported by our grotesque President? All on Biden!
I could fill 20 pages of the despicable acts that this administration has bestowed on our people. If Biden or any of these horrible elected officials are allowed to continue for another 4 years, our country will evolve into eventual anarchy followed by a Socialist Dictatorship that will restrict our former freedoms.
Our only hope is to elect conservative Republicans in Congress and a Republican President. Frankly, in my view, anybody who votes for traitorous Biden and those of his ilk is either incredibly stupid or incredibly evil.
That’s the way I see it. What do you think? Whether you agree or disagree, your comments are welcome and appreciated. I am happy to debate anyone on these issues, because I have the evidence.
Sincerely yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
My focus on the Delaware Chancery Court over the past decade, starting with former Chancellor Andre Bouchard — doing what, in my view, were unethical and political moves relating to Delaware’s Register of Wills Office — put a bright spotlight on the amount of misconduct by judges. As you’ll see in the story below, in almost every case, ZERO public action is taken against those judges. In Delaware, in my opinion, it’s far worse.
The most outrageous example of the protectionism that is going on in our state: Judges are investigated in New York 200 times the number of investigations in Delaware! If that doesn’t show, in my educated view, how much Delaware’s courts control what’s going on, using the Good Old Boy network (The Delaware Way) to control EVERYTHING that is seen and UNSEEN, nothing does?!
You’ll see in the in-depth NBC News story below, that “no or few judges were publicly sanctioned in recent years”, which fits exactly with what went on with Bouchard.
The story further points out that in three states — Delaware, Hawaii and North Carolina — “misconduct cases are made public only in the final stages of investigations when judges are to be punished.” Delaware is sadly among those states.
When will our elected officials or Delaware Governor John Carney do something to bring back the pride, leadership and integrity in America’s First State? I am not holding my breath, folks.
See the story below and please send your feedback on this, folks. It is always welcome and appreciated.
Thousands of complaints are filed against judges every year, but very few result in discipline. Ethics experts say the time for states to transform the judiciary is now.
By Erik Ortiz
When litigants anger Michael F. McGuire, the county judge in New York state’s Catskills region, he might hit them with “judicial contempt” and order them handcuffed or, in extreme cases, jailed for 30 days.
McGuire, who was elected in Sullivan County in 2011, did it several times over the years without warning: to a man who asked him to recuse himself because, he said, McGuire knew his son, to a mother who had an outburst when she felt ridiculed by McGuire and to a grandmother who contested turning over her grandson to his allegedly abusive father.
That wasn’t his only concerning behavior, according to an ethics complaint filed in 2018 by a state watchdog agency, which accused McGuire of berating court staff members; making “undignified” comments, such as suggesting that people in his court would date a “drug dealer” or a “slut”; presiding over cases in which his impartiality could be called into question; and representing family members and friends in personal cases. The watchdog agency, the New York State Commission on Judicial Conduct, said he “lacked candor” during its investigation.
For his pattern of “serious” judicial lapses, a state appeals court agreed last year that McGuire — who earned a salary of $210,161 a year — be removed from the bench, the harshest sanction a judge can face. The public, however, had learned about the ethics charges only months before, in March 2020, more than a year and a half after McGuire was first served with the ethics complaint and when the appeals court said he had been notified of the commission’s unanimous recommendation to punish him.
McGuire ended up resigning in May 2020, but with another job already lined up — as Sullivan County’s head attorney, a position he still holds.
McGuire did not respond to requests for comment. In his resignation letter last year, he wrote that “I am quite proud of our achievements” on the bench and “deeply regret the issues that brought me before this Court.”
Joseph LaPiana, who went before McGuire in a family court case last year and is unable to see his 1-year-old daughter as a result, said, “Judges work for the public — we should know if they are being investigated for any misconduct.”
If McGuire’s misconduct violations had happened in a neighboring state, like New Jersey, Pennsylvania or Vermont, the public would have been alerted earlier — at the outset of the filing of ethics charges.
The timing in when the public is allowed to know about allegations against judges can differ broadly among states. Some allow judges to go months or years before even credible complaints are in the open. As more than 100 million cases are filed in local and state courts every year and as judges exert near-absolute power in deciding who wins custody of children to who can get married to whether people go to jail, the public’s ability to scrutinize judicial conduct is crucial for transparency’s sake, and it deserves as much attention as recent calls for policing and prosecutorial overhauls, judicial ethics experts argue.
Judicial misconduct “undermines confidence in our justice system,” said Susan Saab Fortney, the director of the Program for the Advancement of Legal Ethics at Texas A&M University School of Law.
Secretive states
Misconduct findings are rare in the judicial complaint process. Legal ethics experts say the minuscule share of judges punished every year isn’t necessarily indicative that all is well in the judiciary — it suggests a lack of accountability.
Each state has a form of a judicial conduct commission to which the public can file misconduct allegations against judges. Generally, it’s up to that body, which can be made up of fellow judges, lawyers and laypeople, to determine whether complaints violate a state’s code of judicial conduct — guidelines for judges to act with independence, integrity and impartiality. A judge’s conduct inside a courtroom as well as outside, including on social media, can be subject to discipline.
NBC News’ review of various states’ judicial conduct commission data from 2016 to 2020 indicates that thousands of complaints are filed across the country every year but that about 1 percent of them result in judges’ being publicly disciplined or stepping down after investigations are opened.
While the commissions maintain that most complaints are frivolous — for instance, a litigant is merely disgruntled over how a judge ruled — for a state to typically record zero public sanctions against judges sounds incredible, said Robert Tembeckjian, the administrator and counsel of the New York State Commission on Judicial Conduct.
“It’s highly unlikely that any state would have a judiciary that is so above reproach that year after year no one gets disciplined,” Tembeckjian said. “Even in places like New York, where we have very sophisticated judicial education programs, there are numerous cases every year.”
New York’s commission, which oversees about 3,500 state and local judges, has received upward of 2,000 complaints annually in the past five years, and each year, the state has sanctioned a judge or one has resigned for misconduct in one to two dozen cases. Other large states, such as California and Texas, sanction multiple judges every year.
The level of transparency around misconduct cases varies by state. Some that have reported that no or few judges were publicly sanctioned in recent years, such as Iowa, Mississippi, South Dakota and Wyoming, don’t make cases public until the court or panel that decides discipline gets involved. And in three states — Delaware, Hawaii and North Carolina — misconduct cases are made public only in the final stages of investigations when judges are to be punished.
In about two-thirds of states, however, the public can learn much sooner, such as when judicial conduct commissions first charge judges with misconduct or when the judges respond to the allegations.
States where information is kept under wraps argue that confidentiality is necessary for as long as possible to protect judges should they ultimately be cleared. But it turns out that in some cases, depending on the type of transgression, judges can be privately admonished by other judges or sent warning letters, meant to jolt them into correcting their behavior.
NBC News found that many states opt to reprimand judges privately more often than publicly. For instance, Pennsylvania filed formal charges against judges 17 times but issued private letters of warning or reprimand 172 times from 2016 to 2020.
A sweeping Reuters analysis last year of judicial misconduct, which examined thousands of discipline cases over a dozen years, determined that 9 out of 10 sanctioned judges were allowed to return to the bench.
“We have to recognize that oftentimes we have judges judging judges, and they’re ultimately in control and judging their own,” said Charles Gardner Geyh, an Indiana University law professor who studies judicial conduct.
Tembeckjian believes that states, including New York, should be as transparent as possible once there’s sufficient evidence to back up allegations against judges, similar to how grand jury investigations are made public when indictments are unsealed.
Tembeckjian said he’d like his judicial conduct commission to have the authority to suspend judges during investigations, as other states’ commissions can do, and to continue investigating cases even after judges resign. Such changes, however, would require the approval of the New York Legislature.
Ultimately, ensuring that judges are being rightfully held accountable is essential, because guidance from the U.S. Supreme Court allows them to be largely immune from lawsuits for acts done in their official capacity, Tembeckjian said.
“If there’s no sense that you can get a fair shake by going into a court of law and have confidence that the judge is going to be neutral and fair and apply the law honestly and responsibly, it’s ultimately going to lead to anarchy,” he said. “Then why not just settle our disputes in the streets rather than a court of law?”
Making them pay
Efforts are underway to enact meaningful judicial reforms at various levels. On Dec. 1, the U.S. House overwhelmingly passed bipartisan legislation to require federal judges to report their financial holdings in response to a Wall Street Journal investigation. The Journal found that 131 federal judges had broken the law and violated judicial ethics by hearing cases in which they had financial interests. A similar bipartisan bill is pending in the Senate.
On the state side, the Louisiana Supreme Court last month expanded its rules about errant judges when it tacked financial burdens onto the disciplinary process. Not only can judges be made to pay for the costs of investigations if discipline is recommended, but they can also be ordered to repay the costs of installing replacement judges. And if judges decide to retire or resign before formal disciplinary processes conclude, they can still be required to pay investigative costs.
The state’s chief justice, John Weimer, said in a statement that the updated rules ensure that even retiring judges are “held accountable” and that Louisiana taxpayers aren’t on the hook for costs, which in recent investigations have been about $2,000 to $3,000.
About a dozen other states, including Arizona, Colorado, Florida, Kansas, Massachusetts, New Hampshire and South Dakota, fine judges or have similar cost recovery rules, according to the Center for Judicial Ethics at the National Center for State Courts, a nonprofit organization that seeks to improve the judiciary.
Marni Bryson, a judge in Palm Beach County, Florida, faces a public reprimand, an unpaid suspension for 10 days and a fine of $37,500 after the state judicial conduct commission said she was excessively absent from her duties over a four-year period, records show.
In New Hampshire, former Circuit Judge Julie Introcaso was ordered to pay her investigation’s costs, almost $75,000. Introcaso pleaded guilty last month to two counts of tampering with public records and submitting false statements in connection with a child custody case in which she was friends with a lawyer.
Janine Geske, a Wisconsin Supreme Court justice in the 1990s, said she’d like the state to implement similar penalties, which might “encourage judges to take responsibility early on” if their violations are tethered to their finances.
Another option, Geyh said, is to make the payout of judges’ pensions contractually contingent on good behavior.
Ethics experts say that citizen judicial watchdog programs known as court watchers could be effective but that it’s also incumbent upon other courtroom staff members and officials who witness judges’ poor conduct, particularly lawyers, to speak up. They may be reluctant to file complaints, however, because they’re afraid of retaliation if judges learn they were behind the allegations, said Fortney, the legal ethics expert at Texas A&M.
“A large percentage of states require that the complaining party be identified,” she said. “This clearly chills reporting.”
‘I don’t trust any judge’
But there have been cases in which lawyers and court staff members haven’t been afraid to stand up to jurists.
Ohio’s highest court last month suspended a 19-year municipal court judge, Mark Repp, for one year without pay after prosecutors in Seneca County relayed how he had ordered a 20-year-old woman who was sitting quietly in the back of his courtroom to watch her boyfriend’s hearing to get tested for drugs. When she refused, he sentenced her to 10 days in jail.
An investigation found that the woman was forced to take pregnancy tests and undergo full-body scans for contraband; none was detected. And while Repp assumed the woman was under the influence of narcotics, there was no evidence indicating that she was, and she had never been charged with drug-related offenses.
In a recent interview, Repp said that he has been concerned by the growing rate of overdose deaths in his community and that, in dealing with thousands of cases every year, he must “come up with some kind of decision that follows the law and also is appropriate under the circumstances.”
“I knew what I did was wrong,” Repp said. “I’ll try to make amends on that, and I have a whole year to reflect and contemplate my actions.”
===
But it wasn’t the only time Repp, who is up for re-election in 2025, has faced criticism.
“Imagine someone sitting in court for the first time, and now they think it’s what the judicial system is like,” said John Kahler II, a lawyer who once accused Repp of being biased against a client and unsuccessfully tried to get him disqualified from the case.
A woman who appeared before Repp in August did file a complaint to say he had labeled her a “known meth user” in open court. She wrote that she was made to feel “very embarrassed by Repp’s conduct and false accusations.” Repp said the complaint process in Ohio is a “good one” because the public does learn about judges accused of misconduct early on.
But the woman, Ana Petro, who was in Repp’s court for a traffic violation this year, doesn’t believe his suspension can remedy how he made her and others feel: worthless. A reckoning throughout the judiciary is needed, she said.
“I understand it’s not a judge’s job to be nice, but when he’s abusing his power to be a judge, that’s when I have a problem,” Petro said. “And I don’t trust any judge at all because of him.”
OPINION
Dear Friends,
As of Easter Sunday 2023 and after the unprecedented, political indictment of former President Donald Trump by left wing NY City prosecutor Alvin Bragg, he has raised over 12 million dollars already towards his Presidential campaign. The contributions are growing daily as a result of this outrage.
One would think that being accused of illegally paying off notorious porn star Stormy Daniels, facing an indictment in Georgia for election interference, and a possible federal indictment for illegally. keeping classified documents at his home in Palm Beach, his chances of being the GOP nominee would be practically impossible. This amazing burden created by the Democrats to hurt his chances has seemingly backfired.
Right now Trump is way ahead in the polls of all the potential Republican candidates. The question that stands out is if he does get the GOP nod, can he win in a general election?
From my partisan viewpoint, if this country has 4 more years of Joe Biden, our country will evolve into devastating socialism and economic collapse. God help us if that happens.
Regardless, it is a special week, celebrating the resurrection of Jesus Christ by millions of Christians world wide.
As disconcerting as things are, I hope everyone had a happy Easter and many blessings. Let us pray for the salvation of our nation. Trump has the courage and know how to do it, but can he win in a general election with all these legal challenges?
As always, your comments are welcome and appreciated.
Company is FOUR TIMES the Size as When Andre Bouchard and Kevin Shannon Hatched the Unprecedented Idea for a Dissolution, Government Takeover, and Forced Auction of An Industry Leader
No entrepreneur can ever feel safe in Delaware, because no matter how successful your company is, the Chancery can just take it. The Chancellor can lie to the Public with impunity, against all the witness and testimony, and call your company “dysfunctional,” and try to steal it; making his best friends rich in the process; that’s the real dysfunction here, folks. If it can happen to TransPerfect, it can happen to you.
OPINION
Dear Friends,
Happy Easter to you, your family and TransPerfect employees and their families!
At least we don’t have to worry that Andre Bouchard, Leo Strine, Kevin Shannon, Bob Pincus, and Jennifer Voss won’t be able to put food on their tables this Easter Sunday. I’m sure caviar will be on the feast menu for years to come in their households, all thanks to TransPerfect workers. I pray justice eventually comes for them, but in the meantime:
A Happy Easter celebration all around!
Sincerely Yours,
JUDSON Bennett–Coastal Network
OPINION
Dear Friends,
I was reading about these so-called ‘catch and kill’ payments in Trump’s indictment and, well folks, I’ve heard of supposed situations where the Chancery has caught and killed stories set to run in the Delaware News Journal.
Why is the Chancery Court not being arrested for their role in Catch and Kill? If I had a dollar for every time they supposedly called upon the Delaware News Journal to try to kill a story, I’d be rich! Should the Chancery be arrested for such a scheme?
Half of the Delaware Court stories I write about were probably killed by the Chancery Court at the News Journal! They can’t kill the Coastal Network, folks!
See the ABC News store below and let me know your thoughts on this. I’m curious! I always appreciate your feedback.
Manhattan DA Alvin Bragg detailed the alleged scheme on Tuesday.
In August 2015, shortly after announcing his candidacy for president, Donald Trump convened a meeting at his namesake Manhattan skyscraper to hatch a plan to “suppress negative stories” that might threaten to derail his White House bid, prosecutors claimed in charging documents on Tuesday.
Two of the candidate’s most trusted allies joined him at the Trump Tower confab, according to prosecutors: his longtime attorney Michael Cohen, and a tabloid executive named David Pecker.
The trio agreed to an arrangement in which Pecker would act as the campaign’s “eyes and ears” to identify negative stories, according to prosecutors, after which he would procure their exclusive rights and never publish. Prosecutors claim Trump and Cohen agreed to then “reimburse” Pecker’s company, National Enquirer publisher American Media Inc., known as AMI.
(click on the link above for more…)
Opinion
Dear friends,
For the first time in United States history, a former President, Donald Trump, (other than President Grant, who was arrested for speeding in a horse drawn carriage) has been arrested and indicted in New York City for outrageous and fallacious charges that have absolutely no merit.
Alvin Bragg, a George Soros, New York City funded phony, who promotes crime, refuses to prosecute real criminals, and is totally supported by ignorant liberals, actually ran on a platform of prosecuting Trump.
Yesterday, in an unprecedented horror show, former President Donald Trump was charged with 34 felonies having to do with paying off porn star Stormy Daniels and the alleged falsification of business records.
The case, according to innumerable prominent attorneys including famous litigator and Democrat Alan Dershowitz has absolutely no possibility of being successful. It is possible in extremely liberal NY City, that Trump could be convicted, but it would be overturned on appeal.
The statute of limitations has expired and the charges are not within Bragg’s purview according to innumerable legal experts.
Folks, this is truly a political prosecution caused in my view by a corrupt Democrat party who have weaponized the justice system to go after their opponents. This is what happens in Banana Republics. This is no longer the Constitutional America I was raised in. We are now a State of pure corruption that will come after you with the FBI, if you criticize the current Democrat government. If a former President can have this happen, it can happen to you and me. This is beyond frightening–it is a nightmare !
Trump made a significant speech last night about this horrendous situation. He specified his intentions to keep fighting. He has raised over $8 million dollars since his indictment.
Folks, the door is now wide open, and any state AG who wants to make a name for himself can indict and prosecute any former President. After impeachment or after he leaves office, Biden will be arrested and prosecuted for sure.
We now live in a Banana Republic, and our country is no longer a free society. God help us if we don’t remove these monsters from office.
That is the way I see it, what do you think? As always your comments are welcome and appreciated.
Sincerely Yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Here is someone else accusing Robert Pincus of unethical behavior. It’s not just in the TransPerfect case – he’s being accused in this case as well, as you’ll read in the Law360 story below.
For those of you who thought what happened in the TransPerfect case in the Delaware Chancery Court was an isolated incident – Pincus ran the auction process for that company – you’d be wrong! It’s so bad in this case, folks, that one of the Good Old Boys Club members, Morris Nichols, has sought his disqualification.
But, in my view, despite the most serious allegations of wrongdoing in the history of all Custodianships, somehow the establishment is still silent on this. Multiple fouls in multiple cases? Where is the investigation? How is he unscathed after all of this??
In my book, if it smells rotten, it IS rotten. I’ve been saying this for years. Here he is corroding and corrupting yet another case, as I see it.
Read the Law360 story below and tell me what you think. Your opinion is always welcome and appreciated.
Law360 (March 30, 2023, 1:36 PM EDT) — A federal judge on Thursday found no evidence that the special master coordinating a high-profile auction for control of Citgo pressured the U.S. government to change its sanctions policy, rejecting an effort by Venezuela to disqualify the court-appointed master.
The disqualification dispute arose from a Jan. 12 meeting at which special master Robert B. Pincus spoke to representatives from the U.S. Department of Justice, among other federal agencies, about the sale of shares in Citgo parent PDV Holding Inc., a subsidiary of the state-owned oil giant Petróleos de Venezuela SA.
In a ruling given from the bench, U.S. Circuit Judge Leonard P. Stark said Venezuela and the oil companies put forth no evidence that Pincus – a retired partner at Skadden Arps Slate Meagher & Flom LLP tried to convince the government to license that sale.
Rather, the special master seems to have wanted clarity on whether the Office of Foreign Assets Control, a division of the U.S. Department of the Treasury, would approve the Citgo auction, according to Judge Stark. That inquiry, he told the parties Thursday, is entirely reasonable.
“The government’s position could change at any time,” Judge Stark said, adding that he and Pincus “entirely respect and understand” that the Biden administration will have the final word on whether to license the Citgo sale.
Judge Stark was elevated to the Federal Circuit last year but continues to oversee cases brought in the Delaware district court involving Venezuela’s creditors.
The ruling came after Venezuela on Thursday morning pressed him to boot Pincus from the case, saying the court-appointed master appeared to have crossed a line by advocating for a change in U.S. sanctions policy earlier this year.
Details on the Jan. 12 meeting remain unclear – a lack of transparency that counsel for the Venezuelan government said suggests Pincus sought to convince federal authorities to license the sale, despite U.S. sanctions on the South American nation.
Advocacy of that kind is clearly inappropriate conduct for a judicial officer, according to Donald B. Verrilli Jr., of Munger Tolles & Olson LLP, representing Venezuela. Acknowledging that Venezuela can only infer what took place at the closed-door meeting, Verrilli told Judge Stark that urging a shift in U.S. foreign policy is “over the line.”
“That is not impartial administration or enforcement of the law,” he said at Thursday’s hearing.
Venezuela’s push to disqualify Pincus, who was appointed special master in May 2021, threatened to disrupt an auction process that has already proved languid at times.
The sale of shares in PDV Holding would go toward satisfying a $1.2 billion arbitral judgment for Crystallex International Corp., a Canadian mining firm that Venezuela expelled from the country more than a decade ago.
But an auction needs OFAC’s approval due to U.S. sanctions on Caracas. That agency, under the Trump and Biden administrations, has been reluctant to issue a license for selling off control of Citgo – often referred to as the “crown jewel” of Venezuelan assets.
To that end, a lawyer for Pincus told the court Thursday that the special master met with federal officials in January merely to request clarity from OFAC on the government’s position.
Pincus certainly didn’t seek to “subordinate” American foreign policy to his plans for the PDVH auction, according to Ray C. Schrock, of Weil Gotshal & Manges LLP. Instead, the special master was executing his responsibilities by soliciting guidance on whether the auction will go forward.
“We needed clarity about what the U.S. government’s position would be,” Schrock told Judge Stark. “That is, in no way, disqualifying conduct.”
OFAC officials did not attend the Jan. 12 meeting, according to Schrock. In addition to Pincus and the Justice Department representatives, it included lawyers from the Treasury Department and the U.S. Department of State, he said.
Verrilli contended, however, that Pincus never directly denied asking for a policy change.
There is a “categorical difference,” he told Judge Stark, between seeking clarity on a government policy and pressing federal officials to adopt a certain view. Pincus, if he asked OFAC to approve the Citgo sale, is “advocating that the executive branch change its foreign policy judgment,” Verrilli said.
“That is really our core concern here,” he added.
Venezuela had raised concerns over the Jan. 12 meeting just three days prior, asking Judge Stark to allow its representatives to attend the session.
The judge denied the request on Jan. 11, saying Venezuelan officials didn’t give him enough time to consider the issue.
Citgo, along with PDVSA and PDV Holding, subsequently filed a motion to disqualify Pincus from overseeing the auction process. Venezuela joined that effort in late January.
But the timeliness issue still proved problematic.
Judge Stark noted on Thursday that the parties have known for nearly two years that Pincus was engaged in ex parte communication with OFAC. Moreover, he said, they knew in late December that Pincus would meet with federal officials early this year. Still, the movants waited until Jan. 9 to request court intervention.
“I just don’t think you can sit on that kind of an issue for that many days without even contacting the court,” Judge Stark said.
That delay seemed to be “strategic,” he added, since disqualifying Pincus from the Citgo auction would prolong the case even more.
“I do believe it has, at least, a substantial element of being tactical and designed with … a partial goal of further delaying these proceedings,” he said.
Attorneys for Pincus and Petróleos de Venezuela each declined to comment on Thursday. Counsel for the other parties did not immediately respond to requests for comment.
Venezuela is represented by A. Thompson Bayliss and Stephen C. Childs of Abrams & Bayliss LLP, and Donald B. Verrilli Jr., Elaine J. Goldenberg, Ginger Anders and George M. Garvey of Munger Tolles & Olson LLP.
PDV Holding and Citgo are represented by Kenneth J. Nachbar and Alexandra M. Cumings of Morris Nichols Arsht & Tunnell LLP, and Nathan P. Eimer, Lisa S. Meyer, Daniel D. Birk, Gregory M. Schweizer and Emily E. Sullivan of Eimer Stahl LLP.
Petróleos de Venezuela is represented by Samuel Taylor Hirzel II of Heyman Enerio Gattuso & Hirzel LLP, and Joseph D. Pizzurro, Kevin A. Meehan and Juan O. Perla of Curtis Mallet-Prevost Colt & Mosle LLP.
Pincus is represented by Myron T. Steele, Matthew F. Davis, Bindu A. Palapura and Abraham Schneider of Potter Anderson & Corroon LLP, and Ray C. Schrock, Alexander W. Welch and Chase A. Bentley of Weil Gotshal & Manges LLP.
Crystallex is represented by Raymond J. DiCamillo, Jeffrey L. Moyer and Travis S. Hunter of Richards Layton & Finger PA, and Robert L. Weigel, Jason W. Myatt, Rahim Moloo, Miguel A. Estrada, Lucas C. Townsend and Adam M. Smith of Gibson Dunn & Crutcher LLP.
The case is Crystallex International Corp. v. Bolivarian Republic of Venezuela, case number 1:17-mc-00151, in the U.S. District Court for the District of Delaware.
–Additional reporting by Peter McGuire. Editing by Robert Rudinger.
Update: This story has been updated with more information from Judge Stark’s ruling.
OPINION
Dear Friends,
The United States is now a banana republic. Our freedoms are gone and the prosecution of Donald Trump is absolutely outrageous.
New York City is an open sewer of crime, much of which is no longer prosecuted. Muggings, hijackings, and worse are common and not even considered by corrupt Alvin Bragg! When a former President is charged for nothing, the Orwellian society of the Democrats can and will come after you. We have now lost our country.
I will die before I let this stand. If you are a Democrat you are my enemy. I demand that Biden be impeached for treason and his crackhead son be indicted. That would be pure justice.
I am now backing Trump 100%.
I urge my fellow citizens to rise up and vote these despicable monsters out of office.
That’s all I have to say.
Your comments are welcome.
JUDSON Bennett-Coastal Network
Opinion
Dear Friends.
I yearn for the old, blessed days of “apple pie and motherhood” when we could leave our doors unlocked, when respect for law and order was the way of America. Such things as abortion were illegal and virtually unheard of. I miss the days of pride in my country, when we were respected throughout the world.
Institutions like the FBI were once revered, but now are seemingly corrupt. I always believed that my government was for me, cared about me, promoted freedom of speech and wanted me to enjoy prosperity. “Life, Liberty and the Pursuit of Happiness”– indeed the American dream — were always my reality and what I always hoped to accomplish.
Capitalism, the American right and privilege to be free to engage in our own enterprises whether we win or lose, as permitted by our Constitution to me was always paramount. Now folks, it has all changed and we are on the brink of something much different if our society does not change this frightening trend by many of our misguided youth towards Socialism and eventual Marxism, eliminating many of our freedoms.
Folks, the idea of disrespecting a police officer, resisting arrest, armed robbery, hijacking a car, violent shootings in our schools, smash and grabs by emboldened gangs of arrogant teenagers was beyond anything I could ever imagine. The idea of some boys wanting to be girls and some girls wanting to be boys and indulging in sex change operations was unheard of. Now biological males are taking over female sports, claiming that because they have long hair, have grown breasts through female hormone injections, they are now real women, when in fact they are still stronger and faster than real females. Female sports could soon be totally compromised and ruined.
Folks, I am well educated, I went to a fancy prep school, called “St. Andrew’s School for Boys” (10 people in a class) which is now 40% diverse, which I believe now prepares its high-level students for the “Woke”, liberal Universities that seem to be brainwashing our youth towards something that to me is un-American! Frankly, I believe Felix DuPont, my old school’s founder, is rolling over in his grave.
However, I am sure some of my liberal , former classmates might disagree with me. When I get letters from my old school that are signed “In Community”, I become extremely worried. My old roommate whose father lost his business and home under Castro, told me that is how the Communist, Cuban government signed its written admonitions and policies. When Stamford University Law School Students shout down a guest speaker who is a federal judge, creating an arena of censorship, I am appalled and shocked. These are the future Politicians and Judges in our society. I have a Bachelor’s Degree and a Master’s Degree from the University of Delaware and I am very well read. “Brave New World” by Huxley or “1984” by George Orwell- fiction at the time they were written, stories about a world where the government controls every aspect of human life, are slowly becoming a reality if we continue to let it happen.
Indeed, a country with open borders, allowing millions upon millions of illegal aliens to enter is no longer a viable country. A country that has a corrupt President who has sold out to Communist China is no longer a viable country. A country that defunds its police, allowing crime to the point of anarchy is no longer a viable country. Is this the freedom that our founding fathers intended? I think not. Censorship, a totalitarian FBI and IRS supported by a corrupt DOJ are becoming more and more apparent.
Folks, we are on the brink of disaster if we do not change and do it quickly. President Joe Biden, controlled and supported by a Democrat Party dedicated to destroying the United States as we now know it. There is a pervasive, evil movement throughout our land and it is real. Please make no mistake about that!
I am not giving up and intend to fight this abomination that is creeping into our country until my last breath. Many of you are with me and understand the dangers we are now facing as a nation. The 2024 election is coming quickly where we Americans must vote out these insidious monsters or we will become a nation of mediocrity with no hope or future for prosperity and happiness.
That is the way I see it. What do you think? As always your comments are welcome and appreciated.
I appreciate all of your feedback on the Lucky Charms St. Patrick’s Day ad that ran in the Delaware News Journal.
To answer many of you who asked, Citizens for Judicial Fairness issued the ad “to remind Delawareans of the hypocrisy of the state’s highest courts.” and how our once proud Chancery Court’s “long rainbow ends in pots of gold that fund their lavish lifestyles at the expense of Delaware taxpayers.”
They talk about the “dire state” of courts in Delaware, as I have been pounding the table on that same issue regarding what I see as Chancery Court lies and corruption.
See the link below for more on the, as I call it, Unlucky Charms ad. And keep the feedback coming, it is always welcome and appreciated!
Chancery Court Poorly Chose to Do Business With Credit Suisse, Which Started the Banking Meltdown and Ultimately Had to Be Bailed Out by UBS and Swiss authorities
Dear Friends,
The Chancery Court made an awful choice in keeping sorid company with Credit Suisse, which had to be bailed out this week after severe financial trouble and even being found guilty in a cocaine cash laundering case.
Truly distasteful company our once-proud Chancery Court keeps. This is a sad day for the court, folks.
This untenable bank was THE choice of Robert Pincus and Andre Bouchard for the auction of TransPerfect?! We’re dealing with amatures, as I see it. The Chancery Court deserves better.
See the Reuters story below and send your feedback. It’s always welcome and appreciated.
March 19 (Reuters) – Some of the world’s largest central banks came together on Sunday to stop a banking crisis from spreading as Swiss authorities persuaded UBS Group AG (UBSG.S) to buy rival Credit Suisse Group AG (CSGN.S) in a historic deal.
UBS will pay 3 billion Swiss francs ($3.23 billion) for 167-year-old Credit Suisse and assume up to $5.4 billion in losses in a deal backed by a massive Swiss guarantee and expected to close by the end of 2023.
“It’s a historic day in Switzerland, and a day frankly, we hoped, would not come,” UBS Chair Colm Kelleher told analysts on a conference call. “I would like to make it clear that while we did not initiate discussions, we believe that this transaction is financially attractive for UBS shareholders,” Kelleher said.
UBS CEO Ralph Hamers said there were still many details to be worked through.
“I know that there must be still questions that we have not been able to answer,” he said. “And I understand that and I even want to apologize for it.”
In a global response not seen since the height of the pandemic, the Fed said it had joined with central banks in Canada, England, Japan, the EU and Switzerland in a coordinated action to enhance market liquidity. The ECB vowed to support euro zone banks with loans if needed, adding the Swiss rescue of Credit Suisse was “instrumental” for restoring calm.
Fed Chair Jerome Powell and U.S. Treasury Secretary Janet Yellen welcomed the announcement by the Swiss authorities. The Bank of England also praised the Swiss.
“The greater risk environment for financials leads to husbanding of capital and risk-taking, less and more conservative investing and lending, and inevitably, lower growth,” said Lloyd Blankfein, former chairman and CEO of Goldman Sachs Group Inc (GS.N).
“While some banks have been hung up by poorly managed, concentrated risk, the overall banking system is extremely well capitalized and substantially more tightly regulated than in prior challenging times.”
The Swiss banking marriage follows efforts in Europe and the United States to support the sector since the collapse of U.S. lenders Silicon Valley Bank and Signature Bank.
OPINION
Dear Friends,
As the nation watches the fluid attempt by Manhattan prosecutor Alvin Bragg to charge Trump with a ridiculous, shallow, and weak accusation concerning the payoff of Stormy Daniels, the Grand Jury, was told not to convene yesterday, but to stand by today.
Bragg, is an insipid, soft-on-crime idiot who is supported and funded by America hater George Soros. Bragg allows robberies, assaults, hijackings, and much more without prosecution and has helped, along with New York City’s useless Mayor, to turn this once great City into an open sewer of crime. This once fabulous city (The Big Apple) is now the Rotten Apple.
Ironically, this incompetent jerk is now trying to take down Trump for a charge that the DOJ, FCC, and FBI found not to be a valid case. Furthermore, a state prosecutor has no jurisdiction to prosecute a federal crime. Additionally the Statute of Limitations has expired.
The Secret Service has stated that if Trump is charged, he will not be subjected to handcuffs or the public perp walk that Bragg would like to see happen. Trump’s lawyers are confident that even if Trump is indicted, ultimately the case will fail and Trump will be vindicated.
The rumors are rampant, indicating that the Grand Jury is not convinced that Trump should be prosecuted.
Frankly, in my view, Bragg should be the one prosecuted and disbarred. These authoritarian monsters who are supported and elected by Democrats must be eliminated or our country will evolve into anarchy.
Stay tuned folks, we will see what happens?
As always, your comments are welcome and appreciated.
OPINION
Dear Friends,
Take a look at the story below. Is it hard to believe that THERE IS NOT something corrupt going on here? Look who the Chancery Court is doing business with, folks! There are arrests, years and years of outright scandal, including criminals, dictators and shredded docs.
Credit Suisse has the audacity to accuse TransPerfect that its motion is fraud?? When they have a rich and deep history of criminal activity?! Why would Delaware’s Chancery Court pick this bank, of all the banks in the world, to do business with?! It is cloaked in criminal activity, folks!
It’s a stain on the Chancery Court’s reputation to appoint Skadden Arps in the first place. And THEN they appoint Credit Suisse to run the action of the company? Shameful and downright unjust when you look at all the illegal activity that Credit Suisse is associated with.
Credit Suisse criticized TransPerfect’s litigation by saying it was frivolous, litigious and without merit. It is ridiculously ironic that Credit Suisse criticised the company for litigation over the company’s sale, given Credit Suisse’s 35-year long documented criminal activity, as you’ll see in the story below, which has resulted in billions in fines and sanctions.
Let us not forget that attorney Robert Pincus, as the court-appointed custodian, appointed Credit Suisse. He of Skadden Arps goes to the dirtiest investment banking firm out there!
Additionally, former Chancellor Andre Bouchard had an opportunity to say he didn’t want dirty Credit Suisse to work on this! But he didn’t. The custodian works for him, folks! The buck stops with Bouchard, who had the audacity to appoint Pincus, from Skadden, the most expensive saw firm in all of the world.
I’ll say it again. Credit Suisse is a stain on the Chancery’s reputation. Pincus, Credit Suisse, Bouchard and all the controversy that came along with it, all are a stain on the Chancery’s reputation.
Read the Guardian story below for all of the dirty details. I would love to hear your feedback on this, folks.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Robert Pincus, Andre Bouchard, Leo Strine Highlighted in Unlucky Ad!
Dear Friends,
First it was Jabba the Hutts, now it’s Lucky Charms on St. Patrick’s Day!
You all know from reading my columns in recent years that our once-famous-and-proud Chancery Court has been dirtied and sullied by the reign of Andre Bouchard, Leo Strine and Robert Pincus.
They are being called out for their Chancery Court lies and corruption. Look at the full-page ad below, which ran in the Delaware News Journal, to see what these former Skadden Good Old Boys have done to America’s First State’s equity court.
Your feedback is always welcome and appreciated!
Respectfully Yours,
JUDSON Bennett–Coastal Network
OPINION
Dear friend,
President Joe Biden, besides being the worst President in United States history, is without any doubt in my mind, not only a huge hypocrite, phony, and a criminal, he is now and always has been a nefarious liar about everything in his entire life.
He lied about his grades, his education, his accomplishments, his marriage to Jill and how they met, and much more. It amazes me that the majority of the people of Delaware and much of the nation never really recognized, just how bad Biden really is? Not only is he all of the horrible things I mentioned above, he is also quite stupid and incredibly arrogant.
When you are President, eventually, everything you ever said or did is checked and documented. Biden always thought he was immune to being exposed. A corrupt press has apparently been covering up for Biden’s despicable prevarications combined with his previous charisma (which is no more), is the only possible explanation I can offer for his re-elections and now absurd Presidency? Well folks, the chickens have finally started to come home to roost!
The latest outrageous lie that Biden propagated, which was only covered by Fox News, is his laughable and false story about his epiphany concerning his feelings about Gay marriage. Being from Delaware, having played football against Joe Biden at his school (Archmere Academy) and at my old school St. Andrew’s, this latest lie really rubs me the wrong way, and I can personally vouch for his falsehood.
Biden claims at a young age he learned from his father how to appreciate Gay relationships and marriage. Biden said recently, that when he was a young boy, while his father was dropping him off at Archmere Academy, they observed two well-dressed men in business suits kissing, and after the embrace, Biden says he watched one man go into the DuPont building and the other go into the Hercules building across the Street. His father told him it was “because they loved each other.” Biden then said, got out of the car and went into his school.
Here’s the rub folks: The DuPont building is and was 7 miles from Archmere Academy and the Hercules Building was not built until 1989. Biden graduated in 1961. I know the area extremely well. He is lying.
What is even more damming, there is a clear video of Biden stating as a young Senator, “That marriage should only be between a man and a woman and he was opposed to Gay Marriage.”
Folks, Biden has lied all his life, and he is lying to the American people about everything. He must be removed from office and the thought of him being in charge of our country for another term as President gives me chills. He is, in my view, a true abomination.
I personally don’t care what people do in their bedrooms. But Biden, who has always been homo-phobic and definitely touted it as a young man at Archmere Academy in 1961 according to my very reliable information. He has conveniently changed his tune for political purposes and has made up an absurd story to back it up. He is so stupid, he never thought this lie, among his thousands of others, would be recognized. That is the truth as I know it, and how I clearly see it. What do you think?
As always your feedback is welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkCoastal Network Asks: Why Was Andre Bouchard a Controversial Character? We Got Quite the Answer From ChatGPTOPINION
Dear Friends,
I finally tried ChatGPT, folks, after hearing so much buzz about it. For an old guy, I’ll admit I’m slow to try new things, but I was curious to try it and I asked it this question: Why was Andre Bouchard a controversial character?
In summary, Bouchard’s handling of the TransPerfect case got him into deep trouble as he ignored evidence, awarded excessive legal fees, had close ties to his favorite attorneys and firms (Skadden), awareding lucrative legal fees, according to ChatGPT, and his domain over the court defamed it, questioning the integrity and impartiality of the court itself.
Well said, ChatGPT. If you want to try it, just Google ChatGPT and you can start asking questions.
In case you’re not familiar with it, as I also wasn’t, ChatGPT is a language processing tool driven by artificial intelligence technology and creates human-like conversations on the internet. with a chatbot. ChatGPT answers questions, and helps with tasks such as emails and essays.
It’s been on my mind lately as I’ve been writing about Bouchard and the Chancery Court Corruption that he ruled and fueled.
I’ll let you read it, as I pasted the ChatGPT answer below.
I would love to hear your feedback on this, folks. Who says you can’t teach an old dog new tricks?
Respectfully Yours,
JUDSON Bennett–Coastal Network
From ChatGPT:
Question:
Why was Andre Bouchard a controversial character?
Answer:
Andre Bouchard was a controversial figure because of his actions during his time as a judge in the Delaware Chancery Court, one of the most powerful corporate law courts in the United States. Bouchard was appointed to the court in 2014 by Delaware Governor Jack Markell, and served until 2019.
One of the main controversies surrounding Bouchard involved his handling of a case involving the sale of TransPerfect, a successful translation services company based in Delaware. The case was brought before Bouchard after the company’s co-founders, Liz Elting and Phil Shawe, were unable to agree on how to run the company and decided to sell it.
Bouchard’s handling of the case was criticized by some, including Shawe and several lawmakers, who accused him of overstepping his bounds and favoring Elting, who was represented by attorneys with close ties to Bouchard. Critics also accused Bouchard of ignoring evidence that would have favored Shawe, and of awarding excessive legal fees to the law firm that represented Elting.
In addition to the TransPerfect case, Bouchard was also criticized for his close ties to certain attorneys and law firms that appeared before him in court. Some accused Bouchard of being too cozy with these lawyers, and of awarding them lucrative legal fees at the expense of the companies they represented.
Overall, Bouchard’s controversial actions and decisions during his time as a judge in the Delaware Chancery Court have led some to question the integrity and impartiality of the court itself, which is widely considered to be one of the most important and influential corporate law courts in the United States.OPINION
Dear Friends,The Chancery Court keeps sorid company with Credit Suisse, which postponed its annual report due to financial statement trouble with the U.S. Securities and Exchange Commission (SEC). This comes after Credit Suisse was found guilty in a cocaine cash laundering case!
First that, now this, folks. What unsavory company our once-proud Chancery Court keeps!
These are the people that Robert Pincus and Andre Bouchard conspired with and hired to auction off TransPerfect, as I wrote about this week.
Now clients are withdrawing billions, which is ironic because greed and a lack of humanity is exactly what got Credit Suisse into this scorching hot mess of quicksand in the first place. They are guilty and deserve this sleazy slop disaster that they’ve gotten themselves into.
This court needs a facelift and pronto, folks!
Please see the Reuters story below and send your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennnett–Coastal Network
https://www.reuters.com/business/finance/credit-suisse-delays-publication-annual-report-following-sec-call-2023-03-09/
March 9, 2023
Credit Suisse delays annual report after SEC call
By Noele Illien and Oliver Hirt
ZURICH, March 9 (Reuters) – Credit Suisse has postponed publication of its annual report after a last-minute call from the United States Securities and Exchange Commission (SEC), which raised questions about its earlier financial statements.
The unusual intervention by the U.S regulator is the latest blow to Credit Suisse as it attempts to rebuild investor confidence after a series of scandals and setbacks that have sent its shares plunging and led clients to withdraw billions.
The Zurich-based bank said the SEC had called it late on Wednesday regarding “certain open SEC comments about the technical assessment of previously disclosed revisions to the consolidated cash flow statements in the years ended December 31, 2020, and 2019, as well as related controls.”
The bank had revised how it booked a series of cash flows, including share-based compensation and foreign exchange hedges.
Credit Suisse said that following the call it had decided to postpone publication of its 2022 annual report.
“Management believes it is prudent to briefly delay the publication of its accounts in order to understand more thoroughly the comments received,” it said, adding that the 2022 financial results “are not impacted”.
The SEC declined to comment on the matter, a spokesman for the organization said.
Other regulatory authorities were not involved, a person familiar with the matter said.
Swiss financial regulator Finma told Reuters that Credit Suisse had informed it of the delayed publication.
“We are in contact with the bank,” Finma said.
‘CONSTRUCTION SITE’
It remains unclear when the annual report will be released. The delay was unusual, according to five attorneys and experts Reuters spoke to .
“The disclosure is strategically and carefully worded so as not to raise alarms,” said Jacob Frenkel, a former SEC enforcement attorney who is now government investigations and securities enforcement practice chair for law firm Dickinson Wright.
It “lays the groundwork for the explanation for the revisions to the financial statements. Nothing about the release has an ‘enforcement’ centric tone.”
Still, the Credit Suisse announcement concerned analysts.
“(It) does not help investor sentiment and it does not help in rebuilding trust,” said Andreas Venditti from Vontobel.
Switzerland’s second-biggest bank has begun a major overhaul of its business, cutting costs and jobs to revive its fortunes, including creating a separate business for its investment bank under the CS First Boston brand.
Daniel Bosshard from Luzerner Kantonalbank described Credit Suisse as “a major construction site” and said “the share is only suitable for turnaround speculators.”
In February, Credit Suisse reported that 2022 brought its biggest annual loss since the 2008 global financial crisis after rattled clients pulled funds from the bank, and it warned that a further “substantial” loss would come this year.
Among a string of scandals, Credit Suisse was hard hit by the collapse of U.S. investment firm Archegos in 2021 as well as the freezing of billions of supply chain finance funds linked to insolvent British financier Greensill.
The bank was also rocked by a prosecution in Switzerland involving laundering money for a criminal gang.
Meanwhile, credit ratings agency Standard & Poor’s downgraded Credit Suisse to just one level above so-called junk status in November last year.
And the Chancery Court is Still, To This Day, Taking Millions From the Company and Its Workers
OPINION
Dear Friends,
Please take a moment to watch this incredible LinkedIn video.
https://www.linkedin.com/feed/update/urn:li:activity:7035307166345351168/TransPerfect India was facing almost certain destruction at the hands of Andre Bouchard, Kevin Shannon, Leo Strine, Stephen Lamb, Jennifer Voss, and Robert Pincus who are (in my opinion) the pillars of Chancery Court Corruption. If their evil plan to merge TransPerfect into its competitor HIG/Lionbridge had worked, all these jobs, and thousands more closer to home, would have been destroyed. My sources tell me Lionbridge has a large office in another Indian city, and this was a source of sure destruction for TransPerfect India.
Thank god Chancery’s evil plan didn’t work–and as I see it, the complete string of unending lies by Chancellor Bouchard were exposed and debunked. He dissolved a thriving corporation for dysfunction!
I ask you, does this company seem dysfunctional? Please watch and answer. Your comments are always appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
https://www.linkedin.com/feed/update/urn:li:activity:7035307166345351168/Phil Shawe
President & CEO of TransPerfect | Entrepreneur | Philanthropist |
Coach, Mentor, Leader | Fan of Adventure Travel
Just a typical Wednesday at the Pune TransPerfect office…
A great honor of being CEO is having the opportunity to travel to our global offices, meet with our teams, and celebrate significant milestones.
Thank you to Anita G. and TransPerfect India for the warmest welcome I have ever received—what a surprise! Stay tuned for a second post with big news from Pune.
Happy 20th Anniversary TransPerfect India!OPINION
Dear Friends,
Don’t count former President Donald Trump out from winning the Republican nomination for President of the United States in the 2024 election. Despite the bad publicity from the January 6th fiasco and his vociferous and direct style, Trump is the favorite to win the nod, according to the polls. He controls 35% to 40% of the GOP and that percentage is real. Frankly, although in error with his knocking of former VP Mike Pence over the verification of the Electors, Trump never advocated attacking the Capital and he will not be prosecuted successfully for that.
Although very popular and extremely successful in Florida, and indeed a man who would be an excellent President, Governor Ron DeSantis is well behind Trump in the polls. Former Governor and UN secretary Nikki Haley is also a capable candidate, but also well behind Trump. I am hopeful that Trump will resist speaking ill of this competition, however Trump is Trump, and beats to his own drum.
At the CPAC convention in Maryland, Trump easily won the straw vote with 62% of the vote. He gave a dynamic speech covering all the inadequacies of Joe Biden, the worst President in U.S. history—covering his lies, influence peddling, border operation, terrible evacuation of our troops from Afghanistan, destruction of our oil and gas industry, and much more.
Frankly, any Republican candidate over this idiot Joe Biden, would be fine with me. Biden is doing his best to ruin this country. A Donald Trump and Nikki Haley combo would be very hard to beat if indeed the scenario turns out that way.
That’s the way I see it. As always, your comments are welcome and appreciated. Let me know what you think.
Sincerely yours,
JUDSON Bennett-Coastal Network
Highlighting Chancery Court Corruption
Dear Friends,
Many of you checked out Leo the Hutt and his cabal of Jabba the Hutts!
Leo Strine, Andre Bouchard and Jennifer Voss being called out for their Chancery Court corruption indeed is well-deserved for this collection of corrupt and former Skadden Good Old Boys. You chimed in and let me know, ranging from supportive to outraged. I’ll share your feedback in my next column.
Until then, I present the full-page ad that ran in the Delaware News Journal. Your feedback is always welcome and appreciated!
Respectfully Yours,
JUDSON Bennett–Coastal NetworkOPINION
Dear Friends,
I was amazed at the remarkable feedback I received from my last piece: 99% of you are extremely concerned about the huge increase in crime everywhere. Only one response took me to task, saying that since a huge six-foot-five student attacked a Teacher’s Aide in Florida recently, “DeSantis should get his own house in order first, before criticizing any other state or municipality.” The huge difference between how most of these other places operate and the state of Florida is that perpetrators are prosecuted and they go to jail. They are not out the next day, to continue with carjacking, smash and grabs, vicious assaults, and brutal murders like they are in most Democrat controlled cities.
Cash bail, which has been eliminated in many Democrat-controlled cities, is the major problem, while woke, progressive, corrupt prosecutors financed by George Soros — who refuse to do their jobs — is another serious issue. Florida Governor Ron DeSantis does not tolerate this absurdity and if you commit a crime, you are arrested and prosecuted in the state of Florida. I personally had a car theft and a home invasion issue. The police arrested the crook the next day and he is now serving a prison sentence.
I was delighted to learn that Chicago voted out one of the worst mayors in U.S. history: Lori Lightfoot. She actually encouraged crime and allowed an already spiralling crime situation to explode to extreme proportions. Good riddance!
As the American people are finally determined to end this criminal anarchy, they are finally waking up and slowly taking criminal prosecutors and incompetent politicians to task. Nobody wants to live in fear.
Folks, vote these monsters out of office, and look to Florida as the way to best govern in the U.S.A.!
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Can you imagine walking down the street in New York City and a guy punches you for no reason or throws you off a subway platform? If you own a business anywhere in Chicago, New York, Philadelphia, Baltimore, Seattle, San Francisco, Los Angeles, or even Washington DC among other Democrat controlled cities, imagine organized gangs invading your business, smashing and grabbing your merchandise? In all these places, District Attorneys, financed by George Soros, refuse to prosecute these blatant criminals, and there is no cash bail! The same criminals are able to operate over and over again with absolute impunity.
Folks, I value a person based on how they think and how they treat me. I also have no problem pointing out factual reality. Gangs, involved in vicious attacks, high-jackings, smash and grabs, and other violent crimes have become totally out of control, and we are no longer safe anywhere in most American cities. Crime has increased in all aspects, the police have been defunded and are no longer effective. Where are the parents and community leaders who should be influencing the American youth? Anarchy is happening throughout our country and we are no longer safe.
Interestingly, this rarely happens in Florida, because of Governor Ron DeSantis, where crime is not tolerated, regardless of a person’s race. There is cash bail, there is a stand your ground law (many private citizens are legally armed), and criminals are arrested, prosecuted, and go to jail. I think Florida is the safest state in the Union, because our Governor and his legislature have good sense and are willing to protect the citizens in the Sunshine State.
Folks, the answers to these problems are obvious. Vote out these Democrat Mayors, Governors and weak, prosecuting Attorneys, increase funding for the police, bring back cash bail, and promote more, active community outreach in impoverished communities. It is imperative that repeat offenders are removed from our society and locked up. Do I think this will happen any time soon? No, unfortunately I do not.
Regardless, crime will be a major issue in the 2024 election. The United States should look to Florida as the proper way to govern.
That is the way I see it. What do you think? As always your feedback is welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett–Coastal NetworkCheck out Leo the Hutt! And his cabal of Jabba the Hutts, folks! Leo Strine, Andre Bouchard and Jennifer Voss are also being called out for their Chancery Court corruption. Well deserved for this collection of corrupt and former Skadden Good Old Boys.
Below is the full page ad that ran in the Delaware News Journal. Take a look and let me know your thoughts. Your feedback is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal NetworkOpinion
Dear friends,
Nikita Khrushchev, former Premier of the Soviet Union, once said that the “United States would become communist from within!” It is extremely disturbing to realize, from documented testimony from innumerable students and a few conservative professors, that many of our country’s Universities are dedicated to indoctrinating students towards the destruction of our constitution, the elimination of capitalism, and eventual Communism.
Folks, this is a real and present danger and is actually happening.
Most of your Ivy League Colleges, including Harvard, Yale, University of Pennsylvania, and Columbia have dedicated Socialists teaching our students and indoctrinating them with a communist agenda. Even the University of Delaware has a Woke culture that forces many students to comply with this communist propaganda. In many cases Communist China is sending millions of dollars to various Universities and is also buying up private schools!
To make matters worse, many of the top prep schools, such as Exeter, Choate, and St. Andrew’s have hidden woke agendas, utilizing subtle Diversity Training and Critical Race Theory to prep the students towards a liberal agenda and socialist concepts. By the time these upper level students arrive at their colleges after graduation, they are already geared towards further indoctrination from Communist Professors who are dedicated to destroying our whole system.
Our state Governors, our Representatives and Senators must take legal action to stop the teaching and indoctrination of our students from a curriculum that promotes communism over Capitalism, contrary to our Constitution and American way of life. Folks, this is really happening and is a tremendous threat.
As always, your comments are welcome and appreciated. What do you think?
Respectfully yours,JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Look at the story below and you’ll see that TransPerfect is still growing and stronger than ever. The company – once saddled with Andre Bochard and his court-appointed cronies like Robert Pincus syphoning millions out of the company – is doing better than ever.
I repeatedly said nothing was ever wrong with this company when Andre Bouchard took it over for 3 years for what I clearly saw as paying his friends off with it. Then Bouchard left and now the company is three times bigger. It’s so offensive that the government took this company over for 3 years. There was never anything wrong with it.
I’m glad to see them thriving after being treated harshly by Bouchard and Leo Strine. Please send your feedback on this, folks. It’s always appreciated.
Respectfully Yours,
JUDSON Bennett
US-basedTransPerfecthas released its financial results for 2022. After hitting amilestone in 2021— when TransPerfect became the first language service provider (LSP) ever to record annual revenues of USD 1bn or more —, the Super Agency grew by 4.6% to USD 1.16bn in 2022.
In dollar terms, TransPerfect grew by USD 51m, with the company once again retaining its title as theworld’s largest LSP by revenue. TransPerfect’s President and CEO,Phil Shawe, told Slator, “about half our growth was organic and about half could be attributed to recent M&A partners.”
As a privately-owned company headquartered in the US, TransPerfect is not required to disclose revenues publicly, but has chosen to do so on a regular basis.
Discussing regional activity, Shawe said, “Based on the strong US dollar, we experienced what we hope is an anomaly: some global divisions grew when measuring in their respective local currencies, but actually contracted when converting that same performance into US dollars for accounting purposes.”
On a vertical basis, Shawe highlighted the travel sector as delivering strong growth in 2022. “Perhaps relatedly, our interpretation business also grew significantly and outperformed expectations for the year,” he added. Other outperforming divisions included Trial Interactive eClinical and TransPerfect Legal Solutions (TLS), which “both had record growth years,” with the latter growing 11% in 2022.
MT and Generative AI
TransPerfect’s technology products and related services were also a major driver of growth in 2022. The company’s machine translation (MT) solution, GlobalLink NOW, saw a 100% increase in sales in 2022.
Shawe said the biggest demand for GlobalLink NOW MT was coming from “some of the most established verticals within TransPerfect” such as life sciences, finance, legal, and travel. There was also good uptake among retail, manufacturing, media, and gaming customers.
Shawe also noted that customers either purchase GlobalLink NOW MT “via GlobalLink AI Portal and APIs, [or] use it in conjunction with our flagship GlobalLink platforms such as Project Director, TransPort, and OneLink.”
Asked about his take on the current buzz around generative AI, Shawe said he believes “thehype around ChatGPTand Large Language Models is certainly justified and will have a profound effect on our industry.” He continued, “We consider ourselves the market leader in providing human-in-the-loop automation workflows and see this new generation of AI models as a powerful addition to that toolset.”
Mergers and Acquisitions
TransPerfect acquired two companies in the second half of 2022: UK-based virtual data room (VDR) technology provider,Sterling Technology, and France-based media localization provider,Hiventy.
Discussing the contribution of Sterling Technology thus far, Shawe said, “In the midst of a challenging M&A market, Sterling has continued to deliver growth in Europe. And, we’re excited to help the Sterling team bring their virtual data room (VDR) solution to the U.S. market in earnest in 2023.”
Meanwhile, “the Hiventy integration is progressing,” he observed, pointing out that the acquisition adds scale to TransPerfect’smedia localizationoperations in France, which include previously acquired companies,Lylo and AGM.
In addition, “Hiventy’s BeeHive and Agora technologies have brought complementary capabilities to MediaNext and StudioNext.” Hiventy’s tech will enhance TransPerfect’s project management platform for dubbing and subtitling with additional content distribution and asset management features.
Asked for an update on trading in 2023, Shawe said “Our first month’s revenue is looking similar to January 2022. Since January 2022 was up more than 20% from 2021, we believe this bodes well for 2023.”
OPINION
Dear Friends,
The Biden administration, besides being criminally incompetent in every facet of government, creating unprecedented inflation, opening our southern border to millions of illegals, creating a drug situation that is killing our people, devastating our economy, destroying female sports, and pushing a communist based, woke culture in our schools, has now put our national security at complete risk by allowing China to spy on us, with a potentially weaponized balloon, that was allowed to traverse the entire U.S. continent, gleaning ultra-sensitive information about our military bases and our nuclear capacities, carefully mapping our facilities for a potential, future attack on our homeland??
The rub here is that this balloon was clearly noticed as it approached Alaska and should have been shot down immediately. Instead, it was allowed to continue on its spying mission throughout our entire country, after which it was shot down over the South Carolina Coast with the payload scattered on the ocean floor. Good luck on proper retrieval with the strong tides and currents and contamination from salt water. In my view the whole deal is the result of pure stupidity.
Since then, 4 more flying objects (balloons we assume) have been shot down because the American people have been totally alarmed and it is all the press is talking about. Unfortunately, Biden won’t discuss it with the American people and let us know what the hell is going on. Rumors are running rampant as a result of Biden’s total incompetence and possible collusion with the Chinese government?
Imagine if the original balloon could have delivered conventional or nuclear devices, which hit our military bases and nuclear launch pads, leaving us defenseless to respond to a nuclear attack? That possibility should show the American people just how compromised President Joe Biden truly is?
I say it with unequivocal conviction, President Joe Biden, in my opinion, is criminally negligent in every way possible and we are not safe as long as he is President.
What do you think?
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I watched with disdain and disgust Biden’s State of the Union address. His portrayal of our country’s current state was filled with inaccuracies and propaganda. Biden, despite his limited mental state, is still able to read a teleprompter and was able to deliver his speech successfully, while the insipid and misguided Democrats fawned over his corrupt words.
A couple of notables:
1) New House Speaker Kevin McCarthy remained a gentleman and did not rip up Biden’s speech as did classless Nancy Pelosi during Trump’s last State of the Union address.
2) Jill Biden looked jaded, stressed, and frumpy. Her purple dress was tasteless.
Some of the despicable misrepresentations that Biden regurgitated were as follows:
1) Biden claims that the shooting down of the Chinese spy Balloon was an exhibition of U.S. strength, when in fact it showed very poor judgement. The Balloon should have been shot down way before it transgressed the entire American continent.
2) Biden claimed he inherited a broken immigration system, and is doing everything he can to fix it. Nothing is further from the truth. Biden created the immigration problem and is doing nothing to fix it.
3) Biden said he inherited a high-inflation economy. When this absurd President took office, inflation was 1.45% . It is now 7%.
4) He stated he had reduced our budget deficit by trillions of dollars. The deficit has increased under Biden’s foolish policies.
5) Biden claimed he has brought down energy prices and is doing everything possible to increase our oil and gas production. Biden has depleted our oil reserves, destroyed our oil industry, and created the situation that has inspired the inflation in our economy.
6) Biden claimed the economy was in free fall when he took office. Nothing was further from the truth. The economy was in great shape when he took office. He has destroyed it.
7) Biden stated his illegal possession of classified documents is nothing out of the ordinary. Another outrageous lie.
Folks, Biden is a hypocrite and a criminal in my opinion. The State of the Union is a mess. As long as Biden is President, things are only going to get worse.
What do you think?
As always, your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal NetworkChancery Court Keeps Poor Company in Credit Suisse, Guilty in a Cocaine Cash Laundering Case!
OPINION
Dear Friends,
Look at this story below, folks. Credit Suisse is found guilty in a cocaine cash laundering case! These are the very people that Robert Pincus and Andre Bouchard hired and conspired with to auction TransPerfect. What sordid company our once-proud Chancery Court keeps!
If these are the kind of people that the Chancery Court are consorting with, then you can only imagine what’s truly going on behind closed doors in this crooked court. Remember, folks, Pincus was court-appointed by Bouchard. They are both guilty as sin here, as I see it. What is going on with those they choose to align themselves with is going on with them! This court needs to be changed. It’s time for our governor to take charge and make changes.
Please send your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
JB–Coastal Network
By Paul Carrel
– Credit Suisse first major Swiss bank to face criminal trial
– Former banker found guilty of qualified money laundering
– Bank plans to appeal
BELLINZONA, Switzerland, June 27 (Reuters) – Credit Suisse (CSGN.S) was convicted by Switzerland’s Federal Criminal Court on Monday of failing to prevent money-laundering by a Bulgarian cocaine trafficking gang in the country’s first criminal trial of one of its major banks. read more
A former employee was found guilty of money-laundering in the trial, which included testimony on murders and cash stuffed into suitcases and is seen as a test case for prosecutors taking a tougher line against the country’s banks.
The ruling marks another headache for Switzerland’s second-biggest bank, which has been reeling from billions in losses racked up via risk-management and compliance blunders.
Federal prosecutor Alice de Chambrier welcomed the verdict as “good for transparency”.
Both Credit Suisse and the former employee had denied wrongdoing.
Credit Suisse said it would appeal against the conviction. read more
The judges looked at whether Credit Suisse and the former employee did enough to prevent the cocaine trafficking gang from laundering profits through the bank from 2004 to 2008.
The court said on Monday it found deficiencies within Credit Suisse both with regard to the management of client relations with the criminal organisation and with regard to the monitoring of the implementation anti-money laundering rules.
“These deficiencies enabled the withdrawal of the criminal organisation’s assets, which was the basis for the conviction of the bank’s former employee for qualified money laundering,” the court said.
“The company could have prevented the infringement if it had fulfilled its organisational obligations,” the presiding judge said in handing down the verdict, adding that the former employee’s superiors had been “passive”.
Credit Suisse said the case arose from a investigation that dated back more than 14 years.
“Credit Suisse is continuously testing its anti-money laundering framework and has been strengthening it over time, in accordance with evolving regulatory standards,” the bank said.
“Generating compliant business growth in line with legal and regulatory requirements is key for Credit Suisse.”
Credit Suisse was fined 2 million Swiss francs ($2.1 million). The court also ordered the confiscation of assets worth more than 12 million francs that the drug gang held in accounts at Credit Suisse, and ordered the bank to relinquish more than 19 million francs — the amount that could not be confiscated due to internal deficiencies at Credit Suisse.
The court handed the former employee, who cannot be named under Swiss privacy laws, a suspended 20-month prison sentence and a fine for money laundering.OPINION
Dear Friends,
Is Hunter Biden ready to call in favors from Andre Bouchard and his cronyistic Chancery Court pals now that he admits the sordid laptop is his? Will he reach out to Andre Bouchard or Kathaleen McCormick?
Last May, Hunter said he controls the Chancery Court and threatened to sue business enemies because he knows “every judge” and bragged about his ability to control outcomes in the Chancery Court. He boasted that as he’s personal friends with all the Chancellors, he can automatically win there because of who he knows.
The question now is what will Hunter ask of those he knows in America’s First State’s Chancery Court??
See the New York Post story below for more. As always, your feedback is appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
By Jonathan Turley
February 2, 2023
Hunter Biden appears to have finally achieved clarity.
Months after The Post’s October 2020 reporting, Biden was warning reporters that his “alleged” laptop might be Russian disinformation — or it might be his. He seemed tortured by doubt in a 2021 CBS News interview: “For real, I don’t know. I don’t have any idea — I have no idea whether or not.”
It now appears he does know “for real.” His lawyers sent letters Wednesday requesting investigations into figures associated with former President Donald Trump who have used information from the laptop. The first son’s sudden shift to the offense follows a meeting of a Legion of Doom of Democratic operatives reportedly planning attacks on potential witnesses against Hunter.
At the same time, Biden agents are planning to create a large legal fund for the next stage. In a city where influence peddling is the leading industry, Hunter’s plight could easily become a cause célèbre. Indeed, there hasn’t been a greater sense of urgency or outpouring of humanity since the Kato Kaelin housing crisis.
The letters to federal and state prosecutors seem to confirm the plan for a scorched-earth strategy. The Biden lawyers accuse people using the laptop contents of possibly violating federal and state laws “in accessing, copying, manipulating, and/or disseminating Mr. Biden’s personal computer data.”
The Biden team is also threatening media that have covered the story, including Fox News, with defamation lawsuits. (For the record, I appear as a legal analyst on Fox News.) And it’s asking the IRS to consider removing the tax-exempt status of groups that used the material such as Marco Polo, a charitable organization run by Garrett Ziegler — in a letter copied to the agency’s criminal investigation unit chief.
The letters raise serious constitutional and political concerns. Critics using publicly available material are allowed to reach their own conclusions about the implications of these files.
The Biden team, for example, threatens a lawsuit against Fox News host Tucker Carlson while demanding a retraction of “false and defamatory statements.” It maintains Carlson falsely portrayed Hunter Biden as involved in a “money laundering scheme to finance President Biden’s lifestyle” by paying him $50,000 a month in rent. It claims the story was debunked.
But Hunter Biden is a public figure who must shoulder a high standard for defamation of “actual malice,” requiring that a false statement be made “with knowledge that it was false or with reckless disregard of whether it was false or not.” Courts are highly protective of the exercise of opinion, particularly on subjects of great political significance like influence peddling.
The laptop’s legal status is also key. To all appearances, Hunter abandoned the laptop at John Paul Mac Isaac’s Wilmington, Del., computer repair shop. That’s different from the claims of Hunter’s sister, Ashley, who triggered a nationwide FBI investigation into the theft of her diary. While she left her diary at a third party’s home, she insists she did not abandon or forget it. Under standard terms of the agreement, an item left beyond a certain number of days at a business or rental housing becomes abandoned property. It can generally then be left on the curb, sold, or given away.
What’s most striking about the Hunter Biden claim is the delay. For more than two years, Hunter has refused to admit the laptop is genuine despite email recipients confirming the content of the communications. The laptop also shows Hunter engaged in potential crimes from drug use to prostitution offenses. Yet he insisted it might all be those pesky Russians again.
Now the laptop is his, and he is fighting mad. Indeed, he’s shocked that anyone would treat his property in this fashion — a property he left at a computer shop and failed to claim for years.
In the effort to target Marco Polo, the Biden team insists it “has operated as little more than a thinly disguised political operation to attack the Biden administration and the Biden family.” That sounds more vindictive than virtuous. Indeed, if the Biden administration started yanking the tax-exempt status of Biden critics, it would trigger an outcry over weaponizing the IRS. (A similar controversy during the Obama-Biden administration involving IRS official Lois Lerner led to a financial settlement with targeted conservative groups.)
What’s most striking about the Hunter Biden claim is the delay. For more than two years, Hunter has refused to admit the laptop is genuine despite email recipients confirming the content of the communications. The laptop also shows Hunter engaged in potential crimes from drug use to prostitution offenses. Yet he insisted it might all be those pesky Russians again.
Now the laptop is his, and he is fighting mad. Indeed, he’s shocked that anyone would treat his property in this fashion — a property he left at a computer shop and failed to claim for years.
In the effort to target Marco Polo, the Biden team insists it “has operated as little more than a thinly disguised political operation to attack the Biden administration and the Biden family.” That sounds more vindictive than virtuous. Indeed, if the Biden administration started yanking the tax-exempt status of Biden critics, it would trigger an outcry over weaponizing the IRS. (A similar controversy during the Obama-Biden administration involving IRS official Lois Lerner led to a financial settlement with targeted conservative groups.)
Under the tort of “public disclosure of embarrassing private facts,” you can be sued for publishing even true statements that a reasonable person would find offensive. Showing Hunter’s selfie videos allegedly having sex with prostitutes would qualify as embarrassing to most people. But the tort has an exception for “newsworthy” stories or matters of great public interest. Biden may not be the energy or transportation expert his previous positions suggest, but he is most certainly newsworthy.
What is clear is that the letters mark a new chapter in this saga as his legal team attempts to move from the hunted to the Hunter.
Jonathan Turley is an attorney and a professor at George Washington University Law School.Dear friends,
The evidence mounts, much from Hunter Biden’s own stupidity and that of his Lawyer. There is no doubt in my view that Hunter Biden sold his father’s influence to Ukraine, Russia, and China, and very possibly used classified documents given to him by his corrupt father (The Big Guy). I also believe President Joe Biden was part of an influence peddling scheme and received 10% of the millions Hunter and the Biden family received from these hostile governments. The situation is so serious that it could amount to actual TREASON where the security of the United States has been compromised.
The audacity and stupidity of Hunter Biden and his lawyer to publicly suggest that the contents of the infamous laptop, left in a Wilmington, Delaware repair shop by Hunter, were illegally obtained and distributed, is beyond absurd. Hunter signed an agreement when he left the computer there, that if he didn’t pick it up within 90 days, the computer became the property of the repair shop owner. This is nothing more than an arrogant smoke screen which only exacerbated the extent of Hunter’s illegal activity and that of his corrupt father.
Check out the story below and the disgusting photos of Hunter Biden in his crack induced state. As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Hunter Biden finally admits infamous laptop is his as he pleads for criminal probe
By Victor Nave Miranda Devince and Samuel Chamberlain
February 1, 2023 7:49pm
So much for “the laptop ‘could be’ mine.”
First son Hunter Biden’s lawyers admitted late Wednesday that the infamous laptop that the now-52-year-old abandoned at a Delaware computer repair shop in the throes of his crack cocaine addiction does indeed belong to him.
The revelation came in a petulant letter from Hunter’s lawyers seeking a criminal probe into what they called attempts to “weaponize” its contents.
In the 14-page letter to Delaware Attorney General Kathy Jennings, Biden’s attorney Abbe Lowell claimed that repair shop owner John Paul Mac Isaac “unlawfully” accessed Hunter’s laptop data and worked with former President Donald Trump’s personal lawyer Rudy Giuliani to “weaponize” sordid and incriminating contents on it against Joe Biden.
“This failed dirty political trick directly resulted in the exposure, exploitation, and manipulation of Mr. Biden’s private and personal information,” Lowell wrote.
“Mr. Mac Isaac’s intentional, reckless, and unlawful conduct allowed for hundreds of gigabytes of Mr. Biden’s personal data, without any discretion, to be circulated around the Internet.”
Mac Isaac took possession of the laptop and hard drive late in 2019 after trying and failing for months to notify Hunter that the device was ready to be picked up. Once the shop owner saw the laptop’s contents — including emails detailing influence-peddling involving then-Vice President Joe Biden and videos of the younger Biden smoking crack and having sex with prostitutes and his work subordinates — he alerted the FBI.
Hunter Biden’s lawyers admitted the laptop filled with scandals belongs to the president’s son.
The feds picked up the laptop in December 2019, but not before Mac Isaac made a copy and gave it to Giuliani’s personal lawyer, Robert Costello.
Giuliani provided The Post with a copy of the hard drive in October 2020.
Lowell’s letter singles out Mac Isaac, Giuliani, Costello, former Trump White House adviser Steve Bannon, former Trump White House aide Garrett Ziegler, Bannon associate Jack Maxey, and Yaacov Apelbaum, founder and CEO of cyber analytics firm XRVision and former aide to Sen. Ron Johnson (R-Wis.), as parties who gained unauthorized access to the laptop’s contents and disseminated it to the media and lawmakers.
“We believe that the facts and circumstances merit further investigation as to whether the conduct of Messrs. Mac Isaac, Costello, Giuliani, Bannon, Ziegler, Maxey, and Apelbaum violated several provisions of Delaware’s criminal code — including, but not necessarily limited to, computer-related property offenses … theft … possession of stolen property … and misapplication of another’s property … Each of these offenses, if violated, has the potential to be a felony, depending on the value of the property in question,” Lowell writes.
Letters were also sent by Hunter Biden’s lawyer on Wednesday to the Justice Department’s National Security Division and the IRS.
Mac Isaac said he alerted the FBI when he saw the laptop’s contents, including confidential emails, Hunter Biden smoking, and having sex.
“I think with Congress starting investigations next week, it’s a scare tactic,” Mac Isaac told The Post Wednesday.
“The flak is heaviest when you are over the target!” he added.
The House Oversight Committee will commence hearings next week on Hunter Biden’s alleged influence peddling, and claims he cashed in on ties to his then-vice president father to rake in millions from foreign companies, Rep. James Comer (R-Ky.), the chairman of the panel, told the National Press Club on Monday.
Ziegler, who worked as an aide to Trump trade adviser Peter Navarro and has published the laptop’s data on his Marco Polo USA website, told The Post on Wednesday that the letters were a “desperate attempt” by the Biden family to get the spotlight away from “their crimes.”
There are claims that repair shop owner John Paul Mac Isaac unlawfully accessed Hunter’s laptop data.Robert Miller
“With respect to the letters from the president’s son pleading with his daddy’s agencies to target those who expose his blatant criminality, Kevin Morris did not get a lot of bang for his buck,” Ziegler told The Post, referencing Hunter Biden’s fixer and “sugar brother” Kevin Morris, who allegedly lent the president’s son $2 million to help pay off his overdue federal taxes and has become the architect of Hunter Biden’s legal and media strategy.
“You’d think that Morris would spend $1,400-plus an hour on an actual tax attorney when funding Hunter’s legal misadventures, which Abbe Lowell is not,” Ziegler said.
“The letter to the IRS about Marco Polo is full of speculations and basic misunderstandings about the case law surrounding 501(c)(3) organizations. Hopefully, federal and state investigators will see this for what it is: a desperate attempt by Hunter and his family to get the attention off of their crimes,” he added.
Costello told The Post that Lowell’s allegations were “ridiculous” and a sign of “desperation.”
The laptop included emails detailing influence-peddling involving then-Vice President Joe Biden.
“This letter is a ridiculous attempt to intimidate that will not succeed. It is the product of desperation by Hunter Biden because they know judgment day is coming for the Biden family,” he said.
Costello points out that Mac Isaac has a “signed work order that gives [him] authorization to examine the hard drive and the property is deemed legally abandoned after 90 days. It is the property of John Paul Mac Isaac.”
Mac Isaac said it’s no coincidence the letter from Hunter Biden’s lawyer comes just as House Republicans are ready to open probes into the president’s son.
The laptop scandal has exposed a dark side of Hunter Biden.
The laptop has images of Biden partaking in drug activity.
Advertisement
Biden posed nude in many photos found on the laptop.
Beginning on Oct. 14, 2020, The Post published a series of exclusive reports about the laptop’s contents, including emails proving Hunter introduced an executive of Ukrainian natural gas firm Burisma to his father while Joe Biden oversaw the Obama administration’s policy toward the Eastern European nation.
The reports were initially dismissed by former top intelligence officials as the product of “Russian disinformation” — only to be belatedly confirmed by media outlets including the New York Times, the Washington Post and CBS News.
Hunter Biden and his own lawyers have previously tried to sow doubt that the allegedly water-damaged computer abandoned at Mac Isaac’s shop was Biden’s.
“There could be a laptop out there that was stolen from me,” Hunter Biden told CBS during a 2021 interview. “It could be that I was hacked. It could be that it was then — that it was Russian intelligence. It could be that it was stolen from me.”Dear Friends,
I struck a nerve in my recent column about the severe drain from Chancery Court corruption in the now well-known TransPerfect case, which was in the court full of cronyism, and infested with a Good Ole Boy Network that continues to enrich its friends, as I see it, at the expense of TransPerfect workers.
Here are the top comments from all that were sent in:
“How can this court in good conscience let these salaries be impacted??”
-Jacqueline
“Can this company continue to lose millions? When will this stop?”
-Thomas
“The Chancery Court should not be able to touch people’s holiday bonuses, Judson.”
-Melinda
“The hell with McCormick. She needs to get out of this company’s business. I have my own company, Judson, and if this woman continued to lean on my company like this, I’d sue her ass!”
-Gary
“Good for them. I’m glad to see the company growing in spite of this greedy court.”
-Laura
“How much longer can this go on? This case should have ended a couple of years ago.”
-Robert
Thank you for your always-welcome feedback, folks. Keep ’em rolling in! I appreciate it.
Respectfully Yours,
JUDSON Bennett–Coastal NetworkOPINION
Dear Friends,
This article will be the first of several to expose Joe Biden for what I believe is the truth about his entire political career, which is not what many people think it is! It is a career based on innumerable falsehoods and an amazing operation of influence peddling that resulted in millions of dollars coming into the entire Biden family from foreign governments that are not friendly to the United States of America, including Iran, China, and Russia.
Being born and raised in Lewes, Delaware, having been involved in politics as a district leader, a campaign manager, an elected official, a lobbyist, and a consultant, I probably know more about Joe Biden than he knows about himself. I even played football against him in high school when he attended Archmere Academy and I attended St. Andrews School for Boys.
Indeed, I have spent years checking, observing, analyzing, and calculating his many agendas, speeches, and falsehoods. It is truly amazing and clever how he actually won his first Senate seat many years ago through a clandestine operation. There is no doubt that at one time Biden presented a handsome persona, had remarkable charisma, a glib sense of humor, and the ability to captivate an audience with one prevarication after another.
I am convinced that if Trump had hired me as his campaign manager or as a political consultant when he ran against Biden, he would have been re-elected. I actually tried to apply for the job without success. Instead his 2nd campaign was a disaster which was run by incompetents without proper knowledge or procedures. Even then, I still am not certain Biden actually won legitimately.
However, Trump in an unprecedented move, hurt himself with the January 6th debacle and a subsequent attack against his loyal Vice President, Mike Pence. Indeed, Trump has severely compromised his chances at even being the candidate for President in 2024, because of his post-election actions and various mistakes.
No doubt, in my view, Trump had a wonderful platform that was skewed by a dishonest press and a corrupt FBI, propagated by several elected Democrats from New York and California. So be it. Frankly, Trump has hurt himself as well, through his statements, and indeed many Republicans are looking to Governor Ron DeSantis to be the next President of the United States. We will see how it all shakes out.
All this being said, Joe Biden with the help of his brothers, won his first Senate seat through extraordinarily dishonest means. The incumbent Senator at the time was Caleb Boggs, a former Governor, and a man of great character who apparently made the terrible mistake of turning off a possible helper and sent him into the Biden camp which ironically affected that person’s life and indeed the entire country. I am speaking in general terms now, as specifics will be breaking later when Biden and his crime family are exposed for what they are.
Here is what I know happened and the evidence will be forthcoming. My friend was approached by one of the Biden brothers and was asked to come up with $3000 which was to be paid to the head of the Teamsters Union—an actual bribe, as far as I know, folks. The money was given by my friend in cash, the Bidens then paid off the Teamsters. As a result, The local Delaware Paper, the News Journal, which was endorsing Caleb Boggs, was not delivered when it should have been. Through this payment, a strike was called a week before this historic election, the truckers did not deliver the newspapers until a week after the election, and the endorsement of Biden’s opponent was never seen until it was too late. Biden won the election by only 2000 votes, and kicked off his amazing career of years of being a U.S. Senator, then Vice President, and ultimately President – much to the detriment of the American people. This actually happened and is known by a few insiders, but is not generally public information. This is how Biden began his political career, through what I saw as a bribe.
Folks, Biden, through his intrinsically evil agenda and dishonesty, has done more damage in the two years he has been in command than any other President in U.S. history. The corruption is unprecedented and will soon be presented to the American people through the new Republican House of Representatives.
Please stay tuned, as there is much more to come. I have presented this true story to wet your whistles for future publications.
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,This is what happens to a public servant, less-connected than Andre Bouchard, when they violate public trust.
See the story below: In my view, this official’s crimes do not hold a candle to the corrupt conduct of Bouchard and Strine before they resigned.
It appears justice comes for you, unless you’re Chancellor Andre Bouchard and his cabal. He and Strine have never denied corruption allegations. Will they and their Good Old Boy pals at Skadden Arps ever face justice or even a formal investigation? Or do their connections run too deep?
Send in your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
https://www.delawareonline.com/story/news/politics/2022/10/19/delaware-auditor-mcguiness-conviction-sentencing-corruption-politics/69571392007/
State Auditor Kathy McGuiness sentenced for public corruption convictions
Xerxes Wilson Delaware News Journal
The only statewide-elected official in Delaware history to be accused and convicted of crimes while in office was spared prison time and resigned her office on Wednesday.
Delaware Auditor Kathy McGuiness was sentenced to a year of probation, 500 hours of community service, and a $10,000 fine for her misdemeanor conflict of interest and official misconduct convictions, guilty verdicts that stemmed from hiring her daughter to work in the auditor’s office.
Through tears, McGuiness addressed the court during Wednesday’s hearing, thanking her family and supporters, stating that she never intended to betray the public’s trust and affirming that she will continue her effort to “clear” her name.
“I regret that my decision to hire my daughter has been seen as a violation of trust,” McGuiness said.
Prosecutors had asked the judge to sentence McGuiness to 30 days in prison based on her lack of remorse. McGuiness’ attorney argued that a $1,000 fine was sufficient punishment.
A jury found the Rehoboth Democrat guilty after a multi-week trial in July, a proceeding that also saw her acquitted of felony theft charges related to her daughter’s employment as well as felony intimidation charges in which prosecutors said she spied on employee emails and sought to intimidate whistleblowers. McGuiness was also acquitted of a misdemeanor tied to payments made to a campaign and issues consultant through her office.
“We believe there is a message to be sent by virtue of the court’s sentence,” said Mark Denney, the lead prosecutor, during Wednesday’s hearing.
Since her guilty verdicts, McGuiness has presented an unabashed face, claiming that hiring her daughter, who worked as a part-time employee and continued to be paid while she was enrolled in an out-of-state college, was not illegal.
Steve Wood, her defense attorney, called prosecutors’ request for prison time “unjust,” comparing it to other cases where public officials were actually caught funneling public money to themselves and were spared prison time.
“Remember: what we are here to sentence her for today is hiring her daughter as a college intern,” Wood said.
As she unsuccessfully ran for a second term as auditor, a position that is elected statewide and is meant to be a fiscal watchdog over state and school district spending, McGuiness pointed fingers at state lawmakers whose children have been employed by the General Assembly.
“They have never been prosecuted,” Wood said during Wednesday’s hearing.
Prosecutors have punched back at this comparison saying they are not aware of a situation where a public official’s child was both hired and allowed special privileges under their parent’s supervision in state office.
On Wednesday, Wood took the judge through a litany of what he described as “distortions” and “half-truths” by prosecutors regarding the employment of McGuiness’ child and how it compared to other part-time employees. Ultimately, the jury was convinced that McGuiness’ child received benefits not afforded to similar employees in convicting the auditor.
“It is true that she didn’t think hiring her daughter was a crime, and to be candid, she didn’t think that then and she doesn’t think that now,” Wood said, adding that McGuiness intends to appeal her guilty verdicts to the Delaware Supreme Court.
Wood also defended McGuiness’ characterization of the prosecution as political, listing a number of missteps in the prosecution of the case. Those included Department of Justice attorneys and investigators presenting incorrect information in a sworn affidavit and prosecutors failing an obligation to turn over certain evidence to the defense in a timely manner.
“This has hardly been an exemplary prosecution,” Wood said.
Ultimately, presiding Judge William C. Carpenter Jr. opted for no prison time, a sentence of probation and a fine.
“Your lack of good judgment and common sense at times is reflected in the facts of this case and have led you to this day,” Carpenter told McGuiness.
McGuiness lost her reelection bid in the September Democratic primary and her term expires at the end of the year.
A push by Democrats in the state legislature to remove McGuiness was rebuffed largely due to a legislative roadblock created by House Speaker Peter C. Schwartzkopf, a Democrat and longtime ally of McGuiness.
Gov. John Carney’s office has said he could not remove McGuiness from office until her sentencing. During Wednesday’s hearing, Wood said that McGuiness resigned on Tuesday, effective Nov. 4. After Wednesday’s sentencing hearing, she confirmed sending that resignation the day prior.
Later Wednesday, a spokesperson for the governor said McGuiness sent a letter to the governor “this afternoon” resigning effective 4:30 p.m. Wednesday.
Contact Xerxes Wilson at (302) 324-2787 or [email protected]. Follow @Ber_Xerxes on Twitter. OPINION
Dear Friends,
I was extremely disturbed to learn that Fox News Reporter Gianno Caldwell was asked to leave a North Miami restaurant because of his conservative agenda and affiliation with Fox News. Caldwell is an African American whose younger brother was murdered in Chicago. Indeed, Gianno Caldwell is a dedicated activist who promotes conservative values and ideas for black communities, promoting more funding for police, bringing back cash bail, and teaching basic capitalism instead of socialistic handouts. The name of the restaurant is the “Paradis Books and Bread” (there is no “e”on Paradis) located at 12831 W. Dixie Highway, North, Miami, FL 33161. Interestingly, there is no telephone listing anywhere for this establishment. It also seems that Fox News is the only network publishing the story?
According to Gianno Caldwell, he and some friends were eating breakfast at this restaurant. They were quietly discussing his agenda, not creating a disturbance of any kind. Suddenly, the owner approached the table and ordered them to leave, because she had overheard their conversation and was offended by who he is and his conservative platform. Can you imagine if this had been a group of liberals who were asked to leave by a Republican restaurant owner?? Regardless, Mr. Caldwell and his friends left the restaurant rather than creating a scene.
The Civil Rights Act of 1964 prohibits discrimination based on race, color, religion,sex, and national origin. It does not mention a political affiliation or a particular philosophy. Regardless, in my mind that would fall under “Religion” as a protected category. The fact that Caldwell is black and promoting a political agenda that is related to black communities may also fall under the “Race” category as well.
Folks, apparently, the owner of “Paradis Books and Bread” does not want Republican or Conservative business and if she overhears you discussing your philosophy, she will kick you out? In my view, I think the place should be boycotted and perhaps even a demonstration outside by Conservative protesters. There is the possibility of a Civil Rights lawsuit as well.
Folks this is just more of the outrageous hypocrisy generated by the far left. Here you have a woman in business to make money, but she discriminates against people with different ideas who come into her restaurant.
As always, your feedback is welcome and appreciated. Please let me know what you think and what should happen?
Respectfully yours,
JUDSON Bennett-Coastal Network
Every Quarter is an Illegal Payday for Skadden Arps, but the Fight for Justice Continues
OPINION
Dear Friends,
Being a big college football fan, I love a good afternoon or evening bowl game around the holidays. I was happy to see TransPerfect continuing to support college athletics despite Chancery Court Chancellor Kathaleen McCormick’s stranglehold over the company.
The company’s employees continue to battle for Justice and against Delaware’s Chancery Court. The court is full of cronyism and a Good Ole Boy Network that runs deep. Too deep, as you’ve seen from my reporting. The overbearing court continues to enrich its friends, and as I see it, at the expense of TransPerfect workers, as if it is beyond reproach.
The company has lost millions and its workers have suffered for too many years, having their salaries and Christmas bonuses swiped by Bouchard, and now McCormick. Why? Perhaps the corruption in this case is “too big to fail.” But the question remains: Why have McCormick’s tentacles become so embedded in TransPerfect operations, a decade later?
Send your feedback, it’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
What’s the future of bowl games? Where there’s legitimate concern and where there’s overreaction
Connor O’Gara |
It’s a fair question to ask.
Ten years from now, what will bowl games look like? Will they still exist with that 6-win threshold? Is there still enough incentive for corporate sponsors? What, if anything, can be done to increase incentives to avoid bowl opt-outs?
It does feel like we’re at a bit of a crossroads with the current postseason format, especially as Playoff expansion is on the horizon in 2024. With college campuses set to host first-round matchups in December, there’s never been more incentive to reach the Playoff, and perhaps, that means there’s never been more of a letdown to miss the field.
The optics of decreased attendance certainly don’t favor the 40 non-Playoff bowls moving forward, but optics don’t always tell the full story.
So what is the full story? And what do the people with stake in the game think about the present and future of bowls?
“I think bowl games are gonna continue to be here,” TransPerfect Chief Revenue Officer Kevin Obarski told SDS. “I think it’s a great opportunity for the universities and the teams to continue to practice to get themselves to play in amazing game here and then going into the future, too.”
TransPerfect took over as the title sponsor of the Music City Bowl back in 2020. The first year of the bowl game was canceled because of COVID,. Since then, it had both sides of the spectrum in terms of the non-Playoff bowl experience.
In the company’s first game as the Music City Bowl sponsor in 2021, Tennessee and Purdue played in a 48-45 overtime game that recorded 5.6 million viewers, which was the most-viewed non-New Year’s 6 bowl of the season and the 3rd-most viewed non-New Year’s 6 bowl game in the past 6 seasons. A thrilling ending made a difference.
It peaked with 8.9 million viewers, and in the final 15 minutes, it was the No. 2 trending topic on Instagram.
“I would bet 80% of all of those people had probably never heard of TransPerfect,” Obarski said.
It was ideal for a bowl sponsor like “TransPerfect” who admittedly wasn’t a household name and had more brand awareness incentives to be gained from a competitive game. It was the type of game that confirmed why the company initially wanted to get involved in bowl sponsorship back in 2012 before beginning those conversations with the Music City Bowl in 2018. It helped recruit employees and clients in a unique way for a company with quarter-to-quarter growth over the last 30 years.
Of course, the circumstances of 2022 were a different story. There were opt-outs galore — neither Kentucky nor Iowa had their respective starting quarterbacks — and the over/under hovered around 31 points. The game also produced a 21-0 result with a combined 391 total yards and 1 offensive touchdown.
So was it a bad return on investment to have approximately 27,000 less fans in paid attendance than the previous and a non-competitive game? Not necessarily.
Even in that scenario, the game drew 2.966 million viewers, which was more than double the most-watched college basketball game that week and more than 6 times as many viewers as the most-viewed NBA regular season game that week. The Music City Bowl, despite the fact that it went in the same noon ET time slot as the Sugar Bowl and it wasn’t competitive, was still the 12th most-watched bowl game. You can bet the legalization of sports betting in 35 states (that number went to 36 when Ohio became legal on New Year’s Day) might’ve had something to do with that.
There’s still tremendous upside for a bowl game sponsor, even if it’s between a pair of 6-6 teams on a weeknight. Hence, why the Liberty Bowl between Arkansas and Kansas drew an average of 3.9 million viewers — that’s right in line with the Christmas day NBA game ratings — to watch the 3-overtime thriller. Sure, the headline was “Rose Bowl draws lowest viewership in game history,” but Penn State-Utah still got over 10 million viewers and paid attendance was 94,873.
That’s great incentive for bowl sponsors, who don’t have a long list of places where they can ensure they get their name on an event with millions of eyeballs, which aren’t limited to the traditional TV viewer.
“I don’t think we would make the decision just on the ratings,” Obarski said. “It’s important for us, but how do we activate that sponsorship all season long? We’re able to activate the sponsorship whether you’re at the game, whether you’re watching the game or whether you’re following along on Twitter.”
And if you don’t know what Obarski meant by “activate the sponsorship,” look no further than the mayo overload we now get annually in the Duke’s Mayo Bowl.
In-game optics add to the product, though the TV eyeballs are what really move the needle. You’d never know that the Mayo Bowl had fewer viewers (2.676 million average) than the Music City Bowl.
Chick-fil-A Peach Bowl CEO Gary Stokan pointed out how beneficial it is that Nielsen began tracking out-of-home ratings in 2020. You can also get “live” and “same day” ratings combined for those who record games. The Peach Bowl thriller, which concluded with a last-second field goal as the ball dropped on New Year’s Eve, drew 22.1 million viewers, which was the most viewers for a semifinal game since Year 1 of the Playoff format when Ohio State-Alabama drew 28.27 million viewers. The 2022 Peach Bowl, a Playoff semifinal, peaked at 23.9 million viewers.
But the future of bowl games isn’t really about whether the Playoff will draw eyeballs. “At the end of the day, the CFP is gonna make its money with TV,” Stokan said. We’ve got 9 years worth of data that shows why bowl sponsors, TV networks and advertisers want a piece of the Playoff action.
More pressing is the issue of bowl opt-outs once the Playoff expands. Can anything be done? And what’s the urgency like from bowl executives?
“I do worry about the bowls that aren’t New Year’s 6 and that aren’t ESPN bowls, how the (expanded) Playoff is gonna affect them,” said Stokan, who had a phenomenal Peach Bowl audience for the Playoff game but dealt with stars Kenny Pickett and Kenneth Walker III opting out of the non-Playoff New Year’s 6 game in 2021. “We’re already seeing a lot of opt-outs in bowl games that aren’t semifinal games. That’s the next unintended consequence.”
The New Year’s 6 Bowl CEOs hop on a conference call every 2 weeks. They discuss problems like opt-outs and if they can create bigger rewards for players in non-Playoff bowl games. Is NIL the solution? If it is, it certainly isn’t a clear one.
Besides the fact that it’s a state-by-state issue until there’s federal legislation, Stokan questioned if a $50,000 cash prize for a potential bowl winner or MVP would be enough incentive for someone with a $20 million signing bonus on the way (that’s what a top-5 pick is slotted to receive). Besides, it’s not just opt-outs by future NFL Draft picks that are hurting the product of the non-Playoff bowls.
“We’re the 2nd-most favorite sport in this country behind the NFL and it’s in terrible condition,” Stokan said. “To have what we’re going through in December, with (Early Signing Period), transfer portal, coaches leaving, getting ready for bowl games, it’s a mess. Even the opt-outs. We need to deal with first-round draft picks. How are we gonna provide them with some sort of insurance or coverage? We’ve got to work with the NFL. Where’s the relationship with the NFL owners?
“There are so many issues that we should be dealing with and unfortunately, we all talk about it, but we gotta get something done.”
There’s also an interesting NIL-based idea that’s being discussed for those who opt in to bowl games and who don’t necessarily have an NFL future — get the individual collectives to set up trusts and/or future employment opportunities.
“We keep pandering to the 1% when they’re gonna be fine,” Stokan said. “They’re gonna get their opportunity, they’re gonna get their signing bonus. They play 4, 5, 15 years, whatever. It’s up to them. But the 99% of the kids who come to college for the opportunity to get a degree, let’s get them a job because those are the people who are going to comprise the majority of our society and we’re not doing anything with them.”
Stokan expressed hope that incoming NCAA president Charlie Baker would appoint a college football commissioner to deal with those aforementioned football-specific issues. In the meantime, it’ll be up to the current Power 5 commissioners like Greg Sankey to push for an end to the Early Signing Period. As Stokan alluded to, the ideal result of that would be having reduced pre-bowl personnel movement both with coaches leaving for other jobs/getting fired and players hitting the transfer portal, which is open until Jan. 18.
Clearly, there are plenty of details that need to be figured out. Even something like college campuses hosting first-round Playoff games has logistical issues that have to be navigated. For example, what happens if a small town like Clemson is asked to host a Playoff game the same weekend of December graduation? Will there be enough hotels to support that?
Questions like that are being asked because while it seems like a simple postseason formula — give every mediocre team a postseason stage, have millions of viewers, make money, rinse, repeat — there are countless layers to it. There’s no sister model to the college football postseason. Frankly, there’s really nothing remotely similar to bowl season.
Perhaps that’s why it feels like there’s so much unknown. What we know is that bowl sponsors don’t appear to be going anywhere because as long as eyeballs are there, so too is corporate incentive. What we don’t know is what solution (if any) will be in place to increase player incentive for non-Playoff bowl games. Players sell tickets and while in-stadium attendance isn’t a deal-breaker, surely nobody likes the optics of a sparse crowd.
An interesting new era awaits. Bowl games will continue to be here. We have TV to thank for that.
But to borrow a line that Sankey likes to recite from Bob Dylan, “the times, they are a-changin’.”OPINION
Dear friends,
Finally, the American people are seeing the acute Hypocrisy, absurd dishonesty, and grotesque incompetence of Joe Biden and his entire administration! When asked about the unprecedented raid on Mar-A-Lago ordered by Attorney General Garland and conducted by the FBI, Biden was quoted as saying on 60 Minutes, “he had never seen anything so irresponsible”, referring to Trump’s, in my view, legitimate holding of formerly classified documents which he claims he had declassified.
Trump, as the former President, had the right to those documents and had been negotiating in good faith with the Records Library and the FBI. Such a raid on a former President has never happened before and is frankly outrageous. The Feds even went through Melania’s underwear drawer! This raid occurred and was ordered intentionally by, in my opinion, a corrupt Attorney General right before the Midterm elections which affected the outcome.
Amazingly, Biden has been found with Top-Secret documents held in the Penn Library funded by the Chinese. Biden received over 900-thousand dollars in payments from this suspicious arrangement. Additionally more classified documents were found in Biden’s garage next to his Corvette. More documents were found in his house.
The horrible rub here is that AG Garland knew about this in November and covered it up in order to protect the Democrats in the Midterm elections. Folks, what an outrageous hypocrite Joe Biden is. Interesting, Biden as VP had no right to classified documents, which is when they were apparently taken. This is a clear violation of the Espionage Act and Biden should be impeached and then go to prison. Crackhead son Hunter lived in the Wilmington House, surely had access to the garage, and certainly the possibility that these sensitive papers could have ended up in Chinese hands or other enemies of America who have paid Hunter millions, certainly does exist? Folks we then could be talking about Treason!
Interestingly, the House of Representatives will be investigating this entire situation and I believe the Biden criminal activity including influence peddling, the border fiasco, and now this illegal possession of classified documents will be exposed. I do not expect this corrupt AG’s office, even with special prosecutors involved, to do the right thing. However the truth will be presented on national TV, and hopefully in the 2024 elections the voters, once informed, will take back our country and end this Democrat nightmare of incompetence, hypocrisy, and dishonesty which has put our country at risk.
As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
The once great Delaware Chancery Court continues down the path of cheapening its reputation as Chancellor Kathaleen McCormick makes glib movie references and makes up words in the TransPerfect and Twitter cases. Both cases that should have emboldened our court, instead they underlined the failings of it.
The cronyism, hypocrisy and playing by their own court rules have now been exposed across our country. See the Law360 story below that an attorney pal of mine sent over to me and we had a laugh about this idiocy. It’s truly sad how our once proud Equity Court, in America’s First State, has cheapened itself.
See the story below and send me your feedback, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
By Leslie A. Pappas
Law360 (December 22, 2022, 3:36 PM EST) — In the language of law, precision matters. Chancery Court watchers know the fate of complex courtroom battles may pivot on a single word. So when judicial officers at the world’s most preeminent court of equity have something to say, we pay attention.
Here are some of our favorite words of note from Delaware’s Court of Chancery in 2022.
Former Vice Chancellor Joseph R. Slights III
Vice Chancellor Joseph R. Slights III, who retired in May and joined Wilson Sonsini Goodrich & Rosati PC in June, was known for his creativity and well-crafted opinions.
A case involving a disgruntled buyer of a Florida trash and portable toilet business who overlooked the seller’s obvious disorganization sparked this memorable opinion introduction:
“Yogi Berra said, ‘You can observe a lot just by watching,'” he wrote. “The buyer in this post-closing fraud and breach of contract case apparently was not of this mindset as it approached the transaction at the heart of this dispute.”
The former vice chancellor took writing seriously. In a conversation with Law360 after joining Wilson Sonsini, he advised:
“Effective lawyers write briefs that are declarative, avoid unnecessary adverbs and provide respectful critiques of the opponent’s positions while supporting their own. If the judge has to ask herself or himself whether an argument has crossed the line, it probably has.”
Vice Chancellor Nathan A. Cook
Filling the seat Slights left on the bench was former Block & Leviton LLP partner Nathan A. Cook, who soon found himself in the thick of controversy over two Delaware voting statutes.
The newest Chancery Court vice chancellor overturned one statute but left the other intact, declaring that:
“In analyzing the Constitution … my duty is not to seek out ways to invalidate statutes.”
Vice Chancellor Paul A. Fioravanti Jr.
Vice Chancellor Paul A. Fioravanti Jr. stood up for stockholders after one company’s attorneys relentlessly grilled a 92-year-old stockholder who was seeking books and records.
“Section 220 does not require a stockholder to have the sophistication of a corporate lawyer, investment banker, or law professor,” the vice chancellor wrote. “The statute does not require a stockholder-plaintiff to pass a memory test administered by a savvy litigator, and it is not an invitation to harass.”
Vice Chancellor Sam Glasscock III
Vice Chancellor Sam Glasscock III set the bar for metaphors in one contract case that he dismissed and sent to the Superior Court for lack of jurisdiction.
“This would not be the tail wagging the dog,” Vice Chancellor Glasscock wrote, “it would be an unanticipated second dog biting that tail — the possibility of such a speculative cause of action does not, to my mind, open the kennel of equity.”
Vice Chancellor J. Travis Laster
Vice Chancellor J. Travis Laster got historical in a decision about a company director who allegedly bought more than 1 million shares while covering up for months that a big buyer was attempting to buy the company.
“He looks like a self-dealing agent engaged in what Tammany Hall philosopher George Washington Plunkitt called ‘honest graft,'” the vice chancellor said.
Chancellor Kathaleen St. J. McCormick
Chancellor Kathaleen St. J. McCormick referenced movies and made up new words when her cases grew beyond dictionary definitions.
In response to a new development in the TransPerfect saga, she wrote:
“In a twist of Shyamalan-ian proportions, the company has moved to dismiss its own complaint for lack of subject matter jurisdiction.”
And when a stockholder tried to pile on to existing Twitter litigation with Elon Musk, the chancellor declared:
“Plaintiff essentially asks this court to ignore the Titanomachy of the Twitterverse proceeding in parallel and declare that defendants controlled Twitter before and at the time of termination. At the thirty-thousand-foot level, that is simply not a reasonable ask.”
Vice Chancellor Morgan T. Zurn
Vice Chancellor Morgan T. Zurn had a flair for the dramatic, especially during bench rulings.
At a hearing over board disputes at GenapSys Inc., she told parties: “It would appear that I’m being dragged into the granular level of the operation of a company.”
In another hearing, rejecting a proposed settlement, she proclaimed, “The ‘get’ is so ethereal in value as to be potentially weightless.”
Vice Chancellor Lori W. Will
Vice Chancellor Lori W. Will was more understated but no less powerful. In one bench ruling about quorum requirements, she got to the point:
“The fact that an action is legally authorized does not mean that it is equitable,” she said.
Not a bad thought to carry into the New Year.
Stay tuned for more quotes and wisdom in 2023.
–Editing by Alyssa Miller.Dear friends,
After some consternation and acute worry, I am much relieved that the House of Representatives Speaker is Kevin McCarthy. This important body can go about the people’s business. The House basically controls the purse strings and can defund activities it deems necessary, such as the totalitarian effort by the Democrats to hire 87,000 IRS agents to harass the Middle Class. This will be done.
I was also pleased that Kevin McCarthy was willing, after considerable negotiations, to compromise with his detractors and agree to some important and in my view, positive changes that will make the operation of the House actually better. There will be new House rules that I believe will be passed.
Some of the positive changes that were agreed upon for the next congress: 1) cap on spending, no more pork in bills, a bill can only address the main issue (unlike the outrageous Omnibus bill that mostly wastes taxpayer’s money through personal Democrat, selfish issues. 2) addressing the border crisis, 3) full-scale Investigations into the FBI in regard to censorship and cover-ups, 4) complete investigations into the Biden influence-peddling through Hunter Biden, 5) a return to the Thomas Jefferson operation that lasted 100 years, until Pelosi changed it, where any member of the House can call for a removal of a Speaker, and a vote to that effect happens accordingly. 6) no more voting remotely, it must be done in person.
These are just some of the important issues that McCarthy agreed to. The fact that McCarthy is willing to be held accountable for his Speakership operation is indeed significant and shows his sincerity. For all intents and purposes, I believe the Republican majority in the House of Representatives is now unified.
No doubt, there is some skepticism that is justified, however, I am hopeful. The reality of the situation is the Senate is still controlled by the Democrats and Biden is still President, What the House does under McCarthy’s leadership could very well determine the future election in 2024 as to the control of both Houses and the Presidency. That is the way I see it.
As always, your thoughts and opinions are important, welcome, and appreciated. I look forward to hearing from you.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
As a life-long Conservative, Patriot, and Republican activist, having worked incessantly to elect Republicans in the midterm elections and finally seeing the achievement of the GOP majority in the House of Representatives, it is upsetting to see what transpired last week!
Republican leader Kevin McCarthy did prevail, after many failed attempts over days and frankly, in my view, it was a national embarrassment. Congress could not operate to do the people’s business until a Speaker was elected. What I found most disturbing was that the elected Republicans (all of them) could not get it together!
Twenty rebellious Republican Representatives had refused to support McCarthy and the majority of the rest refused to abandon McCarthy. Can you imagine what a disaster that would have been had he not won?
The Border crisis, outrageous Fentanyl deaths, increasing inflation, ridiculous spending, and investigations of Presidential criminal activity are all needed activities, among a plethora of others, that the House must address. This country is on the verge of authoritarian Socialism and the GOP House of Representatives is the last defense against that happening.
All this being said, I urged either the necessary votes (218) come about to elect Kevin McCarthy as Speaker or for McCarthy to have resigned and the majority elect someone else. Any credibility Republicans have established in our narrow majority in the House may have dissolved. Compromise is the essence of Democracy. I’ll write more about how his win came about and what it means going forward.
As always, your feedback is welcome and appreciated. Please let me hear your views.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Shamelessly, once again, the Delaware Chancery Court appoints someone from law firm Skadden Arps for one of the few roles on the court. Why is Skadden the feeder firm at the highest equity court in the land? From my view, the corruption is startling.
There have to be consequences for more of the same, which will lead to more of the same cronyism and Good Ole Boy wheeling and dealing as this court keeps everything in-house and keeps bringing in more from Skadden.
See the Law.com story below and send in your feedback on this folks. It’s always appreciated.
Respectfully Yours,
JUDSON Bennett, Coastal Network
https://www.law.com/2023/01/03/meet-the-newest-master-in-delawares-court-of-chancery/?slreturn=20230003233054
Meet the Newest Master in Delaware’s Court of Chancery
With the addition of Bonnie W. David, formerly counsel for Skadden, Arps, Slate, Meagher & Flom’s Wilmington office, the business court has its largest complement of personnel in its history.
Bonnie W. David began serving as a master in Chancery on Tuesday, rounding out what’s now the largest Chancery bench in Delaware history.
With David, formerly counsel for Skadden, Arps, Slate, Meagher & Flom’s Wilmington office, onboard, all 10 positions on the Court of Chancery are now filled. With the addition of Loren Mitchell, previously a deputy attorney general for the Delaware Department of Justice, as a third master in Chancery in December, the court now has more judicial officers than ever before in an effort to accommodate growing caseloads.
David joined the master seat vacated in December by Master Patricia Griffin, who is continuing to serve on the court on a part-time basis. Her chambers are in the Court of Chancery courthouse in Georgetown.
The newest master in Chancery has represented corporations and directors in actions before both the Court of Chancery and Delaware federal court, appearing in cases disputing transactions, contracts, corporate governance and corporate statutes.
After graduating summa cum laude from Boston University in 2010 and cum laude from the University of Pennsylvania Law School in 2013, David clerked for Vice Chancellor Sam Glasscock III. During law school, she served as senior editor for the University of Pennsylvania Law Review.
“This court and the people and state it serves are very fortunate to get a master with the experience, intelligence, work ethic and demeanor of Bonnie David,” Glasscock said. “And personally, it is a great pleasure to welcome her back to Sussex County.”
David has authored dozens of articles on Court of Chancery matters in a number of publications, including Delaware Business Court Insider. During her time at Skadden, she has served as a director for the Delaware Bar Foundation’s governance board, the treasurer for the Court of Chancery’s historical society and an associate member of the Delaware Supreme Court’s board of bar examiners.
OPINION
Dear Friends,
For the past few years, I have spent considerable time writing about certain perceived inequities and appearances of impropriety in the Delaware Court of Chancery. I have observed various conflicts of interest between Chancellors and lawyers, unprecedented sanctions imposed on certain litigants, rulings that were clear takings in violation of the Fifth Amendment, and enrichment in the amount of millions of dollars for certain cronies of the Chancellor, rather than providing equity. In my view these problems are untenable and require fundamental change.
Most Fortune 500 companies are incorporated in Delaware, because of the once-respected Court of Chancery. Unfortunately, this Equity Court has become tarnished by the appearances of impropriety that continue to be prevalent. The franchise taxes that come from these incorporations are and have been a bonanza for the State of Delaware. Frankly folks, I believe these financial windfalls are in jeopardy because of the actions of certain Chancellors. Famous Law professor and litigator Alan Dershowitz once said, “Any lawyer who has his client incorporate in Delaware is guilty of legal mal-practice.”
Do the people of Delaware want our famous Court of Chancery to be anything less than pristine? Should there ever be any doubt about bias or corruption within this esteemed institution? In these hard times with out of control inflation, can the State of Delaware afford to lose any revenue? The answers to these questions have to be a resounding “No”.
Folks, all this being said, I write these things because I truly want needed changes in the Court of Chancery. Delaware’s Sussex County is where I was born and raised. I want my state to prosper and do well. Indeed, It will take legislative action to improve the system. I urge more intense vetting of Chancery candidates by the Senate. I urge changes be made to the operational discretion of the Chancellor in regard to existing law and decisions made accordingly. Legislation from the bench is unacceptable.
As we move into 2023, I have hope that the Delaware woke culture evaporates and positive legislation develops that insures true equity in our Delaware Court of Chancery. There has got to be a better way.
I wish everybody on the Coastal Network a very prosperous and Happy New Year.
As always your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I got quite the rise out of many of you in my last column with the advertisement that ran in the Delaware News Journal. This guy is the ultimate Grinch! He’s scandalous! As I see it, folks, it is well-deserved for the guy to get his comeuppance as he helped lead the decade-long swindle of 8,000 hard-working TransPerfect families. These people had money and healthcare and ultimately food taken out of the mouths of their families.
I enjoyed hearing from all of you over the holiday weekend. Here are 10 comments from all that were sent in.
“I cringed when I saw this, Judson. Awful for this guy to be portrayed like this.”
-Jack
“I’ve been reading your columns for years and this one is right on point!”
-Rebecca
“Oh my goodness, he looks just like the Grinch! I laughed out loud.”
-Susan
“This is rude to this guy. He doesn’t look green in real life, but this makes him look green and sick.”
-Morgan
“Way to go after the corrupt Chancery Court, Judson! This is a punch in their nose.”
-Arthur
“How could you do this to this guy, Judson? This is awful. His family has to see this and cringe.”
-Robert
“If he truly cost this company this much money, then he deserves all of this!”
-Samantha
“I never write in, but read your columns all the time. I had to take a minute to tell you how much I love this ad. I’m showing everyone. This guy could be the next Grinch!”
-Pauline
“This poor soul! You want to look away, but just can’t. Can I buy a figurine? Hah! Thanks, Jud!”
-Jonathan
Thank you for your feedback, folks. Keep ’em coming! They are always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal NetworkOPINION
Dear Friends,
As the year comes to a close, I have a few honorable mentions and reiterations of what’s happening in the world that is fast becoming upside down, because of the acute arrogance, criminal activity, intentional disruptions, absurd decisions, and a clear Socialist and Orwellian agenda by President Joe Biden and the insidious left-wing handlers that are propping him up.
I am laughing out loud daily as Elon Musk is driving the LEFT and the White House crazy by releasing clear-cut proof of FBI interference in the 2020 election through its Twitter Censorship operation. The infamous Laptop owned by Hunter Biden that incriminates certain members of the Biden family will be huge public news this time around once the new House of Representatives, under Republican control, begins its needed investigations into the Biden criminal operation.
The Southern border is in a crisis that is unprecedented. Joe Biden took a successful, under control Mexican border operation designed by Donald Trump, and completely eliminated it, opening our border up to the entire world. Billions of dollars of taxpayers’ money is being spent to coddle and encourage these invaders to come into our country and indeed, they are coming in by the millions including drug dealers, terrorists, and gang members. Our national security is now at risk. There are solutions, which include finishing the Wall, obeying the existing immigration laws, temporarily putting the U.S. military on the border, and hiring many more Border Patrol Agents instead of IRS agents.
One final fiasco that has been in the news that deserves mention is the idiotic prisoner trade that Biden made, thereby giving the Russians the worst arms dealer in history for a liberal, female professional basketball player who hates America, while leaving a U.S. Marine behind to languish in a Siberian prison. That is typical of Biden as he left many patriots in Afghanistan and got 13 heroic service people killed through his absurd and incompetent withdrawal of U.S. forces there.
As I have stated over and over again, Biden is the worst, most incompetent, and intrinsically evil President in United States history. It is frightening to think how bad he can make things over the next two years.
As always, your feedback is welcome and appreciated.
Best regards,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
See the ad below, which perfectly captures the injustice that has gone on in Delaware’s Chancery Court for nearly a decade. See for yourself and tell me what you think!
May the Chancery’s decade-long swindle of 8,000 hard-working TransPerfect families end in 2023. And Merry Christmas to all!
Opinion
Dear Friends,
I hit a nerve that resonated with my readers about how incapable Delaware’s Governor and our now shamed Chancery Court of making a monumental, or big decision as the nation watches. It’s sad that America’s First State pales in comparison to other states in our grand country when it comes to thinking of the greater good, and not just what’s good for the cronies in Delaware.
I enjoyed hearing from you all… here are 10 interesting comments I chose to share from the hundreds that everyone sent in. I removed the last names to protect your privacy.
“Our Governor is the most anonymous Governor in the U.S.A.”
-Harold
“You are right to give our dumpster fire of a governor a hard time. Carney is nearly invisible at this point.”
-Jesse
“You’ve described so well how much of what really goes on in our Chancery Court is simply to appease those in power in our state. No one seems to care or even take notice.”
-Susan
“I used to think you were making controversy when there really wasn’t any. Now I know that you have been a lone voice for a long time and people and the media now are saying what you’ve been saying!”
-Fred
“Judson, I think you’re beating a dead horse here.”
-Thomas
“Maybe you’re right. Maybe they’ll do nothing. Let us know what happens..”
-Jerry
“I don’t have faith in our leadership to make a strong decision.”
-Roxanne
“I laughed when I read your “act on matters of great concern.”
Not in this century or the last. It’s sad.”
-Walter
“This advocacy group can press for as long as they want. They’ll get nothing out of our leaders.”
-Edward
“This is important. I hope these guys step up for a change.
-Louis
Thank you for your feedback, folks. Keep them coming! They are always welcome and appreciated.
Best Regards,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
Do you remember not too long ago, it was “RUSSIA, Russia, Russia”, with the Democrats and DOJ constantly attacking President Donald Trump from the time he was elected til his Presidency ended in a compromised election, with a victory by Joe Biden, the absolute worst President in United States history!
Factual evidence of FBI corruption, falsifying documents in support of a phony hit piece paid for by Hillary Clinton, and millions of dollars of taxpayer money wasted on a baseless investigation that was ultimately proven to be totally invalid, is the unconstitutional standard of our crooked President and the crooked Democrats who support him!
To the contrary, the falsely elected Joe Biden has weaponized the FBI, which is illegally being used to harass, intimidate, and attempt to entrap American citizens.
In addition to the clear violation of our immigration laws and clear evidence of influence peddling by Joseph Biden, it has now been discovered through the heroic distribution of the “telling” censorship operations by the FBI, in regards to Twitter and it has been a shocking revelation to informed and caring Americans. Thank goodness new Twitter owner Elon Musk has our back!
Folks, the 1st Amendment to the constitution, clearly states that “no freedom of speech shall be abridged by the United States government.” When agents of the FBI (our sacred, top, supposedly trusted, law enforcement governmental agency) prevented Twitter from publishing the Hunter Biden scandal, which broke in a New York Post story prior to the 2020 election, they intentionally censored free speech, which is our most sacred constitutional right, thereby violating federal law.
Folks, we now live in a Banana Republic with a corrupt Federal Bureau of Investigation which has been created as an arm of a compromised President of the United States. The bottom line — no doubt the intrinsic and despicable rub here — is that Biden would not have been elected, if the FBI had not interfered in the 2020 election through its censorship operation with Social Media companies. It is so dangerous, so terribly wrong, and such a basic violation of our American ethics and constitutional operation, it is indeed mind boggling.
If the American electorate does not ultimately — through the House and Senate — eliminate these criminal activities, our country will become a huge dictatorship with a corrupt society that nobody wants. The problem is that a compromised press does not tell the truth and half the American people have no idea how bad things really are.
Folks,that is the way I see it. As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Delaware’s Governor and the once-prestigious Chancery Court are once again faced with an issue that is bigger than what America’s First State appears capable of solving and handling at its root. As I wrote last week, it’s not an issue I’ve championed over the years. Yet, I remain curious to see how our Governor and Chancery Court handle this challenge as a nation watches.
See the Delaware Live story below for more. Delaware and the Chancery Court have shown a real inability, in my opinion, to act on matters that are of great concern. Instead, they’re all about circling the wagons and cronyism. Can either step up? We’ll see.
Please send your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
Justice James T. Vaughn Jr. announced recently that he will retire as of May 1, 2023, after 25 years on the Delaware Supreme Court.
Justice Tamika Montgomery-Reeves, who in 2019 became the first Black judge on the state Supreme Court, has been nominated to serve as a judge on the U.S. Court of Appeals Third Circuit in Philadelphia. She is expected to resign after her confirmation.
That will leave Delaware’s highest court without a justice of color in a state with a nonwhite population of more than 30% – including 23% Black and 10% Latino, a press release said.
“Delaware prides itself on its trailblazing constitutional legacy, yet the principles of justice and equal opportunity enshrined within that hallowed parchment are suddenly at risk in the First State,” Sharpton said in a press release.
Spokesmen for the state court and Carney declined to comment.
“Refusal to act at this urgent crossroads will kill diversity on the state’s highest court – and an all-White Supreme Court would be a terrible stain on democracy,” said Sharpton.
He and many others across the nation believe a largely white judiciary is one of the reasons that the country’s prisons are full of largely non-white people.
“Carney must seize this pivotal moment and nominate two justices of color to fill both of these looming Supreme Court vacancies,” Sharpton said. “Should Gov. Carney fail to ensure representation across the state’s judiciary, he will send the awful message that in Delaware, bragging about the Constitution matters far more than the rights and values protected by it.”
While there’s no evidence that Carlney or the courts are paying attention, the state last week announced a Black woman would join the Court Of Chancery as a Master In Chancery. Loren Mitchell’s chambers will be in the Leonard L. Williams Justice Center in Wilmington.
A master of chancery is a senior judicial officer who focuses on things such as guardianships and other issues. The Chancery Court traditionally has had two, but the General Assembly this year approved a third Master’s position, and Mitchell fills that role.
A graduate of the North Carolina Central University School of Law and the University of Delaware, she had been serving as a deputy attorney general at the Delaware Department of Justice.
She had been general counsel to the Department of Labor’s Division of Industrial Affairs, the Division of Vocational Rehabilitation and the Department of Health and Social Services. She also was unit head in the Civil Division and chaired the Department’s Diversity and Inclusion Committee.
Mitchell will be addressed as Master Mitchell. There is no mistress in the court system.
It’s not unusual for those who are Masters of Chancery to go on to a seat on the Chancery or another court.
Sharpton has been the star of several huge media campaigns condemning Delaware courts for their lack of color paid for by the Citizens for Judicial Fairness and its predecessor, Citizens for a Pro-Business Delaware.
The pro-business group rose in the wake of the Transperfect case decided by the Delaware Chancery Court, which many consider the best place for businesses to resolve internal conflicts. One of the parties in any suit there must be a company incorporated in Delaware.
In the Transperfect case, the Shawe family that owned the language translation company were angry over the court’s order that it must be sold, which it was to owner Phil Shawe.
Since then, members of the Shawe family and the two advocacy groups have worked against Carney’s election, been critical of the Chancery Court and the lack of minority judges.
The organization has spent hundreds of thousands of dollars lobbying for changes and protesting the $3.9 million in fees that Custodian Robert Pincus’ and Skadden Arps — a vast American international law firm — charged during the court battle.
The group shifted names and focus this year.
Opinion
Dear friends,
Since Elon Musk, touted as the World’s richest man, the creative genius of Tesla, electric cars, has purchased Twitter, the Biden administration and the corrupt left are freaking out. Musk is blowing the whistle on an unprecedented and illegal operation by the Federal Bureau of Investigation whereby it covered up high crimes by the Biden family, forcing Twitter and Facebook to kill the story.
That all being said, there is no doubt that the compromised FBI and DOJ illegally covered up the bombshell discovery of Hunter Biden’s laptop in a Wilmington, Delaware computer repair shop. The laptop presented evidence clearly indicating influence peddling involving the President, Joe Biden, child molestation by son Hunter, including a huge compilation of damaging facts that seemingly incriminate the entire Biden operation, which is tantamount to treason.
The New York Post got the information and wrote a blockbuster story which the FBI at its highest level, in collusion with Twitter executives, prevented the story from being published. There is absolutely no doubt that this outrageous interference affected the 2020 election and prevented Donald Trump from being reelected and put who in my opinion is a criminal named Joe Biden in the White House.
After purchasing Twitter, Musk is exposing this outrageous and treasonous operation by the FBI, and is ending the horrible roadblocks on social media against the truth and our freedom of speech. Musk is rightfully concerned about his personal safety, as the government of the United States is indeed a criminal operation.
Folks, the House of Representatives is now controlled by the Republicans, and the investigations are coming. Elon Musk is my hero and he is definitely the impetus behind it all.
As always, your comments are welcome and appreciated.
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
When the judge in charge of the Delaware Chancery Court says there’s a “lack of racial diversity among its judges” then you know there is an issue. It’s certainly not an issue I’ve championed over the years, folks. I’m one who thinks the best person for the job should get the job, regardless of diveristy.
See the Bloomberg Law story below for more. In my opinion, Delaware has been made a target for this issue and the Chancery Court now has to deal with it. It’s keeping the court in the news after the Twitter vs. Elon Musk Case is finally out of the headlines.
Please send your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
– Chancery Court was venue for Twitter-Musk, other M&A
disputes
– Judge said the state was working to ‘fix’ the all-White court
By Jef Feeley
December 2, 2022 at 4:19 PM EST
The chief judge of the influential Delaware Chancery Court decried the lack of racial diversity among its judges but said state officials were working to address the issue.
Judge Kathaleen St. J. McCormick remarked on the court’s lack of diversity Friday at a corporate mergers-and-acquisitions conference at Columbia University in New York.
“The lack of diversity is a black mark,” McCormick said. “But we are working hard to fix that.” The setting for the judge’s comments reflects the court’s status as the nation’s premier forum for disputes arising from M&A and other corporate transactions. McCormick herself recently oversaw the pitched legal battle between Twitter Inc. and Elon Musk over his attempt to withdraw from his $44 billion takeover offer for the social-media platform. Musk capitulated and agreed to go through with a deal before a trial.
McCormick said that Delaware struggles to get African-American and other minority lawyers into its pipeline for future judges. The state’s supreme court last year set up an initiative to address racial disparities, she noted.
Delaware has been targeted by some civil-rights leaders — including the Rev. Al Sharpton — for failing to diversify the chancery court, whose judges are business-law experts and hear cases without a jury. The court’s importance is due in large part to the fact that more than 60% of Fortune 500 companies are incorporated in Delaware.
Tamika Montgomery-Reeves became the first African American appointed to the chancery court in 2015. She was later elevated to the Delaware Supreme Court and has since been tapped by President Joe Biden to serve on the federal appeals court in Philadelphia.Opinion
Dear Friends,
Thousands upon thousands of illegal aliens are literally walking into our country. The approximate count is over 4 million. Basically, the southern border is controlled by the drug cartels as is the country of Mexico. Over a 150,000 U.S. citizens have been killed by deadly Fentanyl poisoning that is coming across the southern border by cartel infiltrators. Criminals and terrorists are entrenching themselves throughout America and are clearly supported and enhanced by the Biden administration.
These illegals are given food, clothing, water, money, cell phones–put up indefinitely in hotel rooms, and their kids are given welfare and education, while American veterans and homeless do without. The cost to American taxpayers is well over 200 billion dollars a year.
When elected, Biden swore an oath to uphold our laws. Besides the despicable influence peddling by President Joe Biden with help from his son Hunter (soon to be proven for all to see), Biden is violating our immigration laws. The man is despicable and should be impeached and removed from office. His actions are tantamount to treason! Unfortunately impeachment and conviction probably won’t happen, however through the new Republican House of Representatives the Biden crime syndicate will be exposed. What will happen next remains to be seen??
What do you think? As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
To clarify my recent piece on the Coastal Network, the gist of the issue is the itemized bills in TransPerfect’s Chancery Court case invoiced by former Skadden Arps attorney and court-appointed custodian Robert Pincus. As I understand it, he hired one of his buddy attorneys in Delaware to represent TransPerfect when they were under the court’s custodianship and then told him to tell the shareholders there was no need to see the itemization of the millions of dollars he was charging the company for an auction I now believe was a possible fraud?
The very same attorney who was submitting itemized bills to TransPerfect and had a fiduciary duty to do what was best for TransPerfect, apparently took direction from the custodian, who as I understand it, told him to keep his bills hidden. The company went to court to say, this is an obvious case of legal malpractice (not to mention a form of corruption) and the court said even though we don’t have jurisdiction over this, we’re going to decide on this case anyway. To nobody’s surprise they found no malpractice. Typically judges in these types of cases will write a 10-page decision, but Chancellor Kathaleen McCormick only found the time to write one paragraph, in essence writing that she didn’t see malpractice. I guess when the law is not on your side, the less you say the better! What hypocrisy!
In their circling-the-wagons protectionist move, the court took a case form New York, because in my opinion, based on years of writing about this corrupt court and my extensive research, they know that once another court looks at what’s going on in Delaware, they’d be outraged and rule against them!
As I see it, Delaware will do anything to keep a case, so she dismissed the case. Then the Delaware Supreme Court follows along, protecting its own. They don’t want other courts saying, “What kind of nonsense is this? You’re not providing itemized bills for millions of dollars? What company doesn’t have the right to see bills and have an attorney properly advocate for them.” In my opinion, that’s crazy!
Only in Delaware folks. In my view, this type of blatant protectionism which can be perceived as possible corruption, will eventually collapse like a house of cards. Who will suffer the most? The good citizens of Delaware!
Simply put, and in my educated view from covering these courts, they don’t want other courts involved as they do everything they can to keep it in house-strictly inside Delaware, because it could only expose the appearances of impropriety which should never happen.
Please see the story below and send in your feedback, it is always welcome and appreciated. These comments are based on my extensive research in these matters.
Respectfully Yours,
Judson Bennett–Coastal Network
By Jeff Montgomery
Law360 (November 17, 2022, 9:18 PM EST) — Delaware’s top court late Thursday upheld the Court of Chancery’s dismissal of a TransPerfect Global breach of duty suit against Ross Aronstam & Moritz LLP and, in a separate decision, let stand the lower court’s refusal to terminate a TransPerfect escrow that funded a court-appointed custodian.
Justice Gary F. Traynor wrote both brief orders, joined by Justice Karen F. Valihura and James T. Vaughn Jr. in the Ross Aronstam decision, and by Chief Justice Collins J. Seitz Jr. and Justice Vaughn on the escrow appeal.
The decisions resolved two controversies in an 8½-year, sometimes multistate saga that saw Chancery Court drawn into a dispute between the founders of a small translation business that now provides language services, technology and content creation and other services in 43 countries.
Disagreements between founders Philip R. Shawe and Elizabeth Elting became a bitter thread that has run through the company’s story from its founding in 1995 to the present. Personal disputes between Shawe and Elting grew over the years into a Chancery Court suit, court-ordered sale and appointment of a custodian, Skadden Arps Slate Meagher & Flom attorney Robert B. Pincus, now retired, who himself became a target of Shawe’s scrutiny and objections.
The orders on Monday agreed with a decision by Chancellor Kathaleen St. J. McCormick that rejected claims by TransPerfect’s co-founder that RAM and name partner Garrett B. Moritz breached professional duties by failing to disclose that, in opposing a shareholder demand for records on fee payments to the custodian and law firm, it was taking direction from a purportedly conflicted custodian whose fees were ultimately paid by TransPerfect.
The justices sided with the chancellor in finding that “it is not reasonably conceivable that [RAM has] breached a professional obligation, and [that] TransPerfect has therefore failed to state a claim for legal malpractice upon which relief can be granted.”
In her decision, Chancellor McCormick observed that “Defendants had one client: TransPerfect.” An earlier sale order “made the custodian TransPerfect’s exclusive authorized agent empowered to direct counsel retained in connection with the sale process. Defendants thus acted appropriately in following the instructions of the custodian.”
The justice agreed, noting: “TransPerfect’s claims against RAM, moreover, include a challenge to the custodian’s authority to retain and direct the activities of counsel on TransPerfect’s behalf; as such, they fall squarely within the exclusive-jurisdiction provisions of the Court of Chancery’s prior orders.”
Martin Russo, lead counsel for TransPerfect, said in an emailed statement late Thursday: “This is more of the same from the Delaware judiciary. They circled the wagons and ruled without reasoning because the decisions cannot be supported by law or reason.”
Separately, the justices agreed with the Chancellor in finding in November 2021 that an authority for a multimillion-dollar escrow fund — established to fund the custodian’s sale of TransPerfect, related matters and claims against the custodian — had not yet lapsed, although the sale closed in May 2018,
Pincus was discharged from his custodial duties in April 2021, but claims coverable by the escrow remained.
In August 2021, Shawe sought termination of the escrow, a request rejected by the lower court based on a conclusion that claims had yet to be settled by a final, non-appealable order.
The justices said the escrow order provided for its continuation for three years following closing of the TransPerfect sale and one year after any claims against the custodian are resolved in a non-appealable court order.
Based on the timing of remaining appeals and their resolution, “less than one year has passed since these claims were resolved,” Justice Traynor wrote. “Moreover, the Court of Chancery did not err when it declined to address the ‘unripe’ issue of whether ‘purely hypothetical’ claims identified in the future would permit the escrow fund’s survival.”
In the Pincus case, TransPerfect Global Inc. is represented by Frank E. Noyes of Offit Kurman PA and Adam K. Bult of Brownstein Hyatt Farber Schreck LLP
In the Ross Aronstam case, TransPerfect Global is represented by Frank E. Noyes II of Offit Kurman PA and Douglas Capuder of Capuder Fazio Giacoia LLP.
Philip R. Shawe is represented by Jeremy D. Eicher of Eicher Law LLC and Alan M. Dershowitz.
Robert B. Pincus is represented by Jennifer C. Voss, Cliff C. Gardner and Elisa M.C. Klein of Skadden Arps Slate Meagher & Flom LLP.
Ross Aronstam and Garrett B. Moritz are represented by David E. Ross, Bradley R. Aronstam, Eric D. Selden, S. Michael Sirkin, Adam D. Gold and Benjamin Z. Grossberg of Ross Aronstam & Moritz LLP.
The cases are TransPerfect Global Inc. et al. v. Robert Pincus, case number 132,2022, and TransPerfect Global Inc. v. Ross Aronstam & Moritz LLP et al., case number 131,2022, in the Supreme Court of the State of Delaware.Opinion
Dear Friends,
I hope everybody had a pleasant and happy Thanksgiving Day. It has been a rough year with Covid combined with the terrible inflation we are all experiencing. Regardless, as Americans, we still have it better than most of the world these days. For that, we should be eternally grateful.
As a Conservative Republican and patriot, I am delighted and extremely thankful that my party has won back control of the House of Representatives. Indeed, I truly believe our country has hope now and this is the beginning of turning things around.
Blessings to all on this traditional American holiday weekend.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Delaware’s Supreme Court is doing its own bidding, once again, folks. We’re seeing it in two rulings in the TransPerfect case as it upheld the dismissal of a legal malpractice lawsuit and also rubber-stamped a Chancery Court ruling refusing to terminate the custodian and allowing him to continue to dip into a slush fund that was meant to expire one year ago.
What we’re seeing here, shamefully, is that nothing has changed in these Delaware courts, as I see it, whose primary function has turned into protecting its own and keeping outsiders out — at any and all costs! See the Law360 story below detailing exactly how this outrageous behavior lives on, as they “circled the wagons and ruled without an opinion to explain their reasoning because their decisions simply cannot be supported by law or reason.”
This has been my point exactly for years, folks! No matter how deeply these Justices and Kathaleen McCormick go to justify previous rulings, without any legal precedent, no one in power in America’s First State does a damn thing about it! What happened to checks and balances in Delaware? The Delaware judiciary has gone off the rails. Those wagons are circled tight. No one from the outside is making a dent in this Protectionist Society.
I had hoped that Chief Justice Seitz would be the voice of reason and maturely lead the way out of this groupthink, but instead he “swoops in” and reiterates this cronyism. He’s the chief of all cronies. That’s how I see it, folks. This Delaware Court Groupthink is dangerous and doesn’t allow for critical thinking or analysis backed by law or reason.
See the story below and send your feedback. It’s always welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
Del. Justices OK Toss Of TransPerfect, Shawe Claims
By Jeff Montgomery
Law360 (November 17, 2022, 9:18 PM EST) — Delaware’s top court late Thursday upheld the Court of Chancery’s dismissal of a TransPerfect Global breach of duty suit against Ross Aronstam & Moritz LLP and, in a separate decision, let stand the lower court’s refusal to terminate a TransPerfect escrow that funded a court-appointed custodian.
Justice Gary F. Traynor wrote both brief orders, joined by Justice Karen F. Valihura and James T. Vaughn Jr. in the Ross Aronstam decision, and by Chief Justice Collins J. Seitz Jr. and Justice Vaughn on the escrow appeal.
The decisions resolved two controversies in an 8½-year, sometimes multistate saga that saw Chancery Court drawn into a dispute between the founders of a small translation business that now provides language services, technology and content creation and other services in 43 countries.
Disagreements between founders Philip R. Shawe and Elizabeth Elting became a bitter thread that has run through the company’s story from its founding in 1995 to the present. Personal disputes between Shawe and Elting grew over the years into a Chancery Court suit, court-ordered sale and appointment of a custodian, Skadden Arps Slate Meagher & Flom attorney Robert B. Pincus, now retired, who himself became a target of Shawe’s scrutiny and objections.
The orders on Monday agreed with a decision by Chancellor Kathaleen St. J. McCormick that rejected claims by TransPerfect’s co-founder that RAM and name partner Garrett B. Moritz breached professional duties by failing to disclose that, in opposing a shareholder demand for records on fee payments to the custodian and law firm, it was taking direction from a purportedly conflicted custodian whose fees were ultimately paid by TransPerfect.
The justices sided with the chancellor in finding that “it is not reasonably conceivable that [RAM has] breached a professional obligation, and [that] TransPerfect has therefore failed to state a claim for legal malpractice upon which relief can be granted.”
In her decision, Chancellor McCormick observed that “Defendants had one client: TransPerfect.” An earlier sale order “made the custodian TransPerfect’s exclusive authorized agent empowered to direct counsel retained in connection with the sale process. Defendants thus acted appropriately in following the instructions of the custodian.”
The justice agreed, noting: “TransPerfect’s claims against RAM, moreover, include a challenge to the custodian’s authority to retain and direct the activities of counsel on TransPerfect’s behalf; as such, they fall squarely within the exclusive-jurisdiction provisions of the Court of Chancery’s prior orders.”
Martin Russo, lead counsel for TransPerfect, said in an emailed statement late Thursday: “This is more of the same from the Delaware judiciary. They circled the wagons and ruled without reasoning because the decisions cannot be supported by law or reason.”
Separately, the justices agreed with the Chancellor in finding in November 2021 that an authority for a multimillion-dollar escrow fund — established to fund the custodian’s sale of TransPerfect, related matters and claims against the custodian — had not yet lapsed, although the sale closed in May 2018,
Pincus was discharged from his custodial duties in April 2021, but claims coverable by the escrow remained.
In August 2021, Shawe sought termination of the escrow, a request rejected by the lower court based on a conclusion that claims had yet to be settled by a final, non-appealable order.
The justices said the escrow order provided for its continuation for three years following closing of the TransPerfect sale and one year after any claims against the custodian are resolved in a non-appealable court order.
Based on the timing of remaining appeals and their resolution, “less than one year has passed since these claims were resolved,” Justice Traynor wrote. “Moreover, the Court of Chancery did not err when it declined to address the ‘unripe’ issue of whether ‘purely hypothetical’ claims identified in the future would permit the escrow fund’s survival.”
In the Pincus case, TransPerfect Global Inc. is represented by Frank E. Noyes of Offit Kurman PA and Adam K. Bult of Brownstein Hyatt Farber Schreck LLP
In the Ross Aronstam case, TransPerfect Global is represented by Frank E. Noyes II of Offit Kurman PA and Douglas Capuder of Capuder Fazio Giacoia LLP.
Philip R. Shawe is represented by Jeremy D. Eicher of Eicher Law LLC and Alan M. Dershowitz.
Robert B. Pincus is represented by Jennifer C. Voss, Cliff C. Gardner and Elisa M.C. Klein of Skadden Arps Slate Meagher & Flom LLP.
Ross Aronstam and Garrett B. Moritz are represented by David E. Ross, Bradley R. Aronstam, Eric D. Selden, S. Michael Sirkin, Adam D. Gold and Benjamin Z. Grossberg of Ross Aronstam & Moritz LLP.
The cases are TransPerfect Global Inc. et al. v. Robert Pincus, case number 132,2022, and TransPerfect Global Inc. v. Ross Aronstam & Moritz LLP et al., case number 131,2022, in the Supreme Court of the State of Delaware.OPINION
Dear Friends,
This story is getting some legs folks, as more and more news outlets are spreading the word about how Credit Suisse and former Skadden Arps partner Robert Pincus drove up the price of the TransPerfect sale in the Delaware Chancery Court case.
Pincus is looking like a fool and a thief for driving up the price of the sale by $70 million, according to the Bloomberg story below, as it looks as if he paid to put in a shill bid somehow and Credit Suisse earned a commission buying its own shares?!
I’ve been saying this auction was a sham forever. I had spoken with employees, and as I understood it, no one showed up to the bidder meetings. I’ve been saying it was a sham for years because of that. Thank God that Pincus is going to be brought to justice for paying himself $50 million to run a fake auction.
Please send your feedback on this, folks. It’s always welcome and appreciated. It’s criminal and I’d love to hear your thoughts on how this is allowed to happen in Delaware.
Respectfully Yours,
Judson Bennett-Coastal Network
Bloomberg Law Story:
(Bloomberg Law Subscription)
By Martina Barash (Bloomberg Law) — Credit Suisse Securities (USA) LLC and the attorney who shepherded the sale of translation services company TransPerfect Global Inc. drove up the price by $70 million by falsely citing other offers, according to a suit by the winning bidder—a company controlled by a TPG co-founder
TransPerfect Holdings LLC’s complaint, filed Wednesday in the US District Court for the District of Delaware, is the latest salvo against Robert Pincus, a former partner at Skadden, Arps, Slate, Meagher & Flom LLP, over his role as the custodian for the court-ordered sale of TransPerfect Global. The translation giant recently lost a challenge in the Delaware Supreme Court to the $3.2 million in fees that Pincus charged
TPH is 99% owned by TransPerfect’s co-founder Philip Shawe, according to the complaint
The forced sale of TransPerfect took place after the breakup of Shawe’s romantic relationship with the company’s other founder, Elizabeth Elting, led to an irreconcilable deadlock, according to the Delaware top court’s ruling
Shawe, through a company called PRS Capital LLC, bought out Elting in a modified auction following novel rulings by the Delaware Chancery Court and state supreme court ordering the company sold and placed under a custodianship based solely on the management deadlock, despite its continued profitability. PRS Capital then became TPH
In its new suit, TPH alleges Pincus bypassed independent advisers’ recommendations and orchestrated the auction, which would be profitable for him and Credit Suisse. The bank served as TransPerfect Global’s exclusive financial adviser
When no one bid higher than Shawe’s pre-auction offer, “Pincus had to act to justify the tremendous cost of the auction and preserve his reputation,” TPH says. “He and Credit Suisse then misrepresented to Plaintiff that there were higher value bids,” forcing it to raise its offer by $70 million, it says
“We believe these allegations are entirely meritless and intend to vigorously defend ourselves,” Credit Suisse said in an emailed statement Thursday
Martin Russo, lead counsel for TPH, said in an emailed statement, “We have confidence in the federal judiciary and encourage you to really focus on the allegations to see how serious the conduct was.”Opinion
Dear friends,
Donald Trump is definitely running for President in 2024. His declaration speech was given last night in Palm Beach. His speech was centered, on point, and focused on the issues that the American people care about. I tend to agree with several high ranking Senators who think that if Trump stays on track without going into divisive waters, he just might pull it off and win again.
On the other hand, if Trump continues to attack fellow Republicans like successful Florida Governor Ron DeSantis, who has remained a gentleman and not responded in kind to Trump’s remarks, then he could become a force that divides the Republican party with devastating consequences in 2024.
We will have to see how it all develops. There are indeed those who would prefer that Trump play golf and step aside. Please read the open letter below by James Greenfield:
As always, your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
COMMENTARY
By James Greenfield
November 09, 2022
AP
Dear President Trump:
In mid-August, shortly after the FBI made its unannounced, unprecedented search of Mar-a-Lago, you acknowledged America’s rising levels of anger and polarization and you made an extraordinary offer:
“The temperature has to be brought down in the country. If it isn’t, terrible things are going to happen,” you said. “I will do whatever I can to help the country.”
Offer accepted. Here’s how you can best help the nation step back from the precipice of civil disorder: Declare you will not be a candidate for president in 2024.
And by the way – President Biden, who falsely cast himself as the unity candidate in 2020 and has since made a series of dark, incendiary speeches demonizing all Republicans as a threat to democracy, should step to a Rose Garden podium and make a similar announcement. Only then will the healing begin, and the risk of politically inspired violence begin to diminish.
I’m a conservative who voted for you in 2016 and 2020 and I regret neither vote. Had you continued in office in 2021, the U.S. and the world would be safer and in far better economic condition today because you would have continued to encourage the exploitation of our vast energy resources; completed your efforts to close our southern border and stem both unfettered immigration and the importation of deadly fentanyl; ensured that law enforcement had the resources it needs to control rising crime that has all Americans on edge; and tried to slow the spread of racially divisive and sexually inappropriate materials in our schools.
You deserve great credit for engendering a political realignment that will ensure conservative ideas remain relevant. As many U.S. corporations have tacked left, intent on imposing an intolerant “woke” agenda far beyond their boardrooms, you have persuaded increasing numbers of working people and minorities that their best interests are no longer represented by a Democratic Party drawn to fringe ideology that matters to only a sliver of the electorate.
But these initiatives can and should proceed without you as Republicans continue to take advantage of a favorable electoral environment.
As I shuffle in the general direction of retirement, I expect the 2024 election to produce eight years of conservative leadership more likely to foster economic prosperity and stability which will prevent the further erosion of my retirement funds. You cannot offer us eight years. Because you’ve already been elected president once, the 22nd Amendment to the Constitution limits you to one more term. That’s probably a good thing because in November 2024, you’ll be 78, five months older than Joe Biden was on Election Day 2020.
If you run again, the electorate’s attention will be diverted from winning issues which beg for exposition. Corrupt Justice Department jackals, at the behest of the Biden White House, will not let you rest. Whether the cause du jour is Jan. 6, classified documents, or your business operations, they will continue to harass and likely indict you. You will be playing defense when your team is poised to take the ball and drive down the field.
The merits of the claims against you are almost beside the point. What matters is that none of the other leading Republican contenders will have to contend with such distractions. We can’t afford to let distractions dilute the message.
You cannot secure personal vindication in 2024. Yes, there were irregularities in 2020. Two of them are undeniable: Mark Zuckerberg’s injection of $420 million to turn public elections administrators into get-out-the-vote activists in swing-state Democratic municipalities; and the FBI’s pressure on social media to censor reporting detrimental to Biden, including the Hunter Biden laptop story.
But it will never be possible to quantify the effect of those irregularities on the 2020 vote. Instead of relitigating 2020, there must be focus through 2024 and beyond on preventing the repeat of assaults on election integrity. (This week’s election of Republicans at the state level is a positive step in closing election loopholes.)
Another important consideration – you have never been a stranger to controversy. You thrive on being in the arena, duking it out, counterpunching, exposing hypocrisy. But the country can’t handle the daily maelstrom anymore, especially when it gets personal. The ties that bind us are on the verge of unraveling. As you’ve recognized, we need calm.
At the 2016 Republican National Convention, you famously said, “I alone can fix it.” That is no longer an argument for your candidacy. You may not publicly admit it right now, given your publicly expressed ambivalence toward Ron DeSantis, but you know he’s capable of carrying on the work you began. Equally worthy are Nikki Haley and Glenn Youngkin (to identify only two among several), both of whom offer the values, administrative experience, and calm demeanor we need to right the ship.
Your selfless decision to withdraw from the 2024 race would be statesmanlike, truly a historic “America First” moment. Think of the endorphins your announcement will release. Can you leave the political stage with such goodwill and positive energy? If you truly recognize what’s best for the country, you can and will.
Call any time if you want to discuss my proposal. I speak only for myself, but I know there are many committed conservatives who agree. My very best to you and Melania, and thanks for your service.
— Jim Greenfield
James Greenfield is a business litigator and real estate lawyer in Villanova, Pa.OPINION
Dear Friends,
Shockingly, folks, I’m learning that former Skadden Arps attorney Robert Pincus in his capacity as custodian for TransPerfect in now being sued for misrepresenting to now current owner and CEO Philip Shawe that there were other competitive bids during the final round of the auction process to induce Mr. Shawe to pay an additional $70 million dollars! He even went as far as offering to pay $4 million to one of the bidders to stay in the auction so he wouldn’t look like a fool and a thief for paying himself $50 million to run a fraudulent process for two years! That’s how Skadden makes its money. Truly shocking! What is more criminal than this, folks?!
This is beyond belief! Such highway robbery should not be allowed and as I see it, this should be prosecuted to the highest extent of the law! I’ve been saying this auction was a sham since back when I was talking with employees and no one was showing up to the bidder meetings. I’ve been calling this out as a sham forever! Thank God Pincus is going to FINALLY be brought to justice for paying himself $50 million for running a fake auction.
In Delaware Chancery Court’s now famous TransPerfect case, Pincus was put in charge as the court custodian for the sale of the company. When bids for the company were not as rich as expected, it looks like Pincus led the way to misrepresent higher bids, to, in essence, inflate the final sale price by $70 million! Paying ’em to put in a shill bid, in summary, folks. Outrageous!
Former Skadden attorney Pincus, who acted as court custodian for the sale, and Credit Suisse Securities LLC are being accused of securities fraud, as you’ll see in the Law360 story below. I also heard from my sources that Credit Suisse who was hired by Pincus earned a commission in the range of $15 million to maintain a phony auction and forced the TransPerfect CEO to pay a commission on buying back his own shares.
Another black eye for Delaware. This all smells to high-heaven folks and heads need to roll, here. Please send your feedback to this news folks. I want to hear your thoughts on this. They’re always welcome and appreciated.
Respectfully Yours,
JB-CN
By Andrea Keckley· Listen to articleLaw360 (November 10, 2022, 4:21 PM EST) — Language translation company TransPerfect Holdings LLC has sued a retired Skadden Arps Slate Meagher & Flom LLP partner and an investment banking company in Delaware federal court, alleging that the attorney misrepresented the results of a judicial auction and caused the company to pay an extra $70 million when it already had the highest bid.TransPerfect Holdings accused former Skadden attorney Robert Pincus, who acted as court custodian for the sale, and Credit Suisse Securities LLC of securities fraud Wednesday.“We have confidence in the federal judiciary,” Martin Russo, lead counsel for TransPerfect, told Law360 Pulse, adding that the allegations show “how serious the conduct was.”Credit Suisse was hired by Pincus to act as a financial adviser to TransPerfect Global Inc., which is owned by TransPerfect Holdings, in connection with the sale of the company. According to court documents, Pincus was appointed to conduct the sale of TransPerfect Global by the Delaware Chancery Court. TransPerfect’s complaint alleged that Pincus orchestrated “an ill-advised but highly profitable (for Defendants) auction process to sell TransPerfect Global Inc.”“When the auction failed to produce bids materially better than those Plaintiff’s principals had made pre-auction, Pincus had to act to justify the tremendous cost of the auction and preserve his reputation,” the filing said. “He and Credit Suisse then misrepresented to Plaintiff that there were higher value bids requiring Plaintiff to bid $70 million more to win the auction. In reality, Plaintiff already was the highest value bid and had won the auction without the need for any price improvement.”According to court documents, the judicial auction took place after TransPerfect Global co-founder Elizabeth Elting petitioned the Court of Chancery for the dissolution and forced sale of TransPerfect Global due to alleged shareholder and director gridlock. The following year, the court ordered that TransPerfect Global be sold as a going concern.Pincus hired investment banking company Houlihan Lokey Inc. to assess sale alternatives. He sent a report to the Court of Chancery recommending a modified auction that the report said was dependent on an ungranted, post-sale competition restriction to be imposed by the court on Elting and TransPerfect Global co-founder and CEO Phil Shawe, according to the complaint. In July 2016, the Court of Chancery issued a saleorder that adopted Pincus’ recommendation for a modified auction but declined to impose the noncompetes. TransPerfect alleges that Pincus failed to inform the court of the editorial control it says he had over the report.“In the end, as explained further below, Pincus achieved his true goal – he ran a costly ‘broad auction’ with 92 participants and made many tens of millions of dollars for himself, Skadden and his advisors in the process,” TransPerfect said in its complaint. “The results of that auction were clear by November 8, 2017, but Pincus and Credit Suisse sought to extract more from Holdings through misstatements and omissions.”Credit Suisse was hired in November 2016, according to court documents. Credit Suisse and Pincus are alleged to have come up with a sale process that involved three “discrete” rounds of bidding but changed the rules and increased the bidding rounds along the way to create the false impression of real price competition in the auction.According to court documents, on Nov. 8, 2017, Blackstone Inc., H.I.G. Capital and Shawe submitted Phase III bids. TransPerfect alleges in its complaint that by that time, Credit Suisse and Pincus knew that Shawe’s bid was “best in economic value and certainty” while Blackstone was not competitive and H.I.G. had reached the top of its bid. TransPerfect accused Pincus of paying one of the three remaining bidders up to $4 million to stay a bidder.Pincus did not immediately respond to a request for comment.TransPerfect Holdings is represented by Jeremy D. Eicher of Eicher Law LLC and Martin P. Russo and Robert Sidorsky of Russo PLLC.Counsel information was not available for the defendants.The case is TransPerfect Holdings LLC v. Robert Pincus and Credit Suisse Securities (USA) LLC, case number 1:99-mc-09999, in the U.S. District Court for the District of Delaware.–Editing by Gemma Horowitz
OPINION
Dear Friends,
As we wait for the final results of the Midterm elections from the incompetent officials in Arizona, there have been, in my view, disturbing statements (obviously politically motivated) by former President Donald Trump against The Governor of Florida, Ron DeSantis.
This diatribe by Trump against Governor DeSantis, in the wake of certain conservative pundits, saying the poor Republican showing was partially caused by Trump, has really upset this patriot. Nobody supported Trump with innumerable hours of work, money, and dedication than I have. I also admire and support Florida’s Governor DeSantis who has done nothing wrong and is the best governor in the United States. Do I think Trump was totally responsible for the red wave that did not happen, no I do not. Most likely the abortion issue was the reason.
Trump obviously plans to run for President again and considers DeSantis a threat to his chances in capturing the nomination, as DeSantis created a true Red Wave in Florida and we the people love him. For me, it is like having two close friends, both whom I admire, and one who showed a flaw that is hard to accept and has created, in my mind, a serious and devastating political debacle that will most likely backfire. It unfortunately shows a flaw in Trump’s character, which to me is untenable. I am so disappointed in Donald Trump who created the best platform in my lifetime. To attack DeSantis was the worst thing he could have possibly done and will divide the Republican party, which could end up a disaster for future victories and give the Democrats the ability to continue their devastation of our country.
I once dated a very attractive and bright woman who worked closely for Trump for many years. She told me he was a genius, extremely creative, and effective in his business operations. She said he treated her very well and never hit on her, However, she also said that periodically, he demonstrated the emotional stability of a 12-year-old and sometimes acted like an egomaniac. Her comments didn’t at the time resonate with me and indeed I was all-in for Donald Trump when he ran for President and I was terribly upset when he lost to Biden who is incompetent, malicious, and dishonest. Indeed, Biden is the worst President in United States history.
At this point, all things considered, I hope Trump does not run, and if it is between DeSantis or Trump, I would have to support DeSantis who clearly has a great platform like Trump’s, but without the baggage. Trump has, in my view, made a huge political mistake, which will hurt him and also divide the GOP.
It is hard for me to say these things, yet that is the way I see it. As always, your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOpinion
Dear Friends,
For the past several years, I have combined logic, Patriotism, and my political experience to express publicly through the Coastal Network the necessity of electing Republicans. I put in countless hours, sending the message to my readers. Frankly, I did not sleep a wink last night as I watched the mid-term results.
There was no “RED WAVE”. At this point the control of both houses is not yet determined. It is shocking that there are so many ignorant people in this country, especially in the states of New York, Pennsylvania, Texas, and Arizona! Can you believe Fetterman won in Pennsylvania?
Apparently, many of these people do not care about inflation, open borders, and horrible crime.
Florida came through big, which was fantastic, however, this country is in huge trouble and God help us if the House is not determined to be in favor of the Republicans. The Senate is in a dead heat. We will see if we have a victory at all in either place in the coming hours or perhaps days. Looks like there will be a run-off election in Georgia for the Senate. At this point I am experiencing tremendous anxiety. If it goes wrong, which it might, half the American people have no clue how bad it is going to get.
That’s all I have to say. I am saying a personal prayer to my God to save this nation.
As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Apparently, the Chancery did not learn its lesson on violating constitutional rights in the TransPerfect case.
Here the mafia of robed scoundrels goes again, folks… changing property ownership rights in any manner that suits their whims, and their friend’s pocketbooks.
Batshit crazy Chancellor quote of the week: “Because shares of stock in a Delaware corporation are personal property within the jurisdiction of the Court,” it was empowered to transfer the Shares’ ownership?! WTF??? By this logic, Chancery can just use their contempt power to move private property from one citizen to another, anytime!
Laster, who was rebuked for making inappropriate public comments about the TransPerfect case, appears to be trying to legitimize Bouchard’s corrupt rulings.
Folks, I have always said unchecked and unsupervised power leads to corruption. For proof, read the “Chancellors Gone Wild” story below. As always, your feedback is welcome and appreciated.
October 10, 2022
On October 3, 2022, in In re Stream TV Networks, Inc. Omnibus Agreement Litigation,[1] Vice Chancellor Laster of the Delaware Court of Chancery issued an extraordinary order unwinding a transaction by divesting a party’s ownership of shares in a Delaware corporation and vesting ownership of those same shares in another litigant. Finding the divested party in contempt because of its efforts to undermine the Court of Chancery’s earlier orders in the case, Vice Chancellor Laster accomplished this result in reliance on a Court of Chancery rule that does not appear to have been relied on in any previously reported decision, but which empowers the Court to reassign ownership of Delaware property. This decision should serve as a powerful wake-up call to Delaware litigants as to both the extent of the Court of Chancery’s authority and the dangers of being “too clever by half” in attempting to narrowly construe its orders.
Facts and Procedural HistoryIn re Stream involved an agreement between Stream TV Networks, Inc. (“Stream”), its secured creditors, including Hawk Investment Holdings Ltd. (“Hawk”), and certain of its shareholders, that was entered into after Stream had defaulted on its secured debt. The creditors’ debt was secured by all of Stream’s assets, which primarily consisted of shares in an operating subsidiary incorporated in Delaware (the “Shares”). In the agreement, Stream agreed to transfer all of its assets to SeeCubic, Inc. (“SeeCubic”), a newly formed entity controlled by the secured creditors, while Stream’s minority shareholders received the right to exchange their shares in Stream for shares in SeeCubic.[2] Stream’s majority shareholders objected, leading to litigation in the Delaware Court of Chancery concerning the agreement’s validity.
In December 2020, the Court of Chancery held that the agreement was enforceable and preliminarily enjoined the parties from “taking any action to interfere with it,”[3] after which SeeCubic acquired Stream’s assets, including the Shares. The Court of Chancery subsequently granted summary judgment as to the validity of the agreement and issued a permanent injunction in September 2021.[4] The Delaware Supreme Court reversed, however, holding that the agreement was invalid because it had not been approved by Stream’s majority shareholders, and remanded the case for further proceedings.[5] Because the agreement was invalid, the Court of Chancery directed that the disputed assets be returned to Stream, including the Shares.[6] Hawk then sought permission to immediately exercise its rights as a secured creditor prior to that transfer, which the Court of Chancery denied.[7] Vice Chancellor Laster explained that returning the parties to the same positions they had enjoyed prior to the since-reversed rulings was “not possible” due to the passage of time, but “unwinding the transfer of the [assets was] nevertheless the closest possible alternative” and would allow Stream “to conduct business and make efforts to satisfy the claims of Hawk and Stream’s other creditors.”[8]
According to the Court of Chancery, on September 30, 2022, SeeCubic and Hawk next engaged in “a series of coordinated acts in which SeeCubic would transfer the Shares to Stream in a manner that would enable Hawk to seize them by acting before Stream could respond,” ensuring that they would end up in Hawk’s possession.[9]
First, SeeCubic informed the Court that the assets had been returned to Stream. Next, twenty-three minutes later, Hawk sent a letter consisting of “dense legalese”—replete with defined terms, as well as citations to and quotations from several contracts and court orders—that “could not have been drafted in the twenty-three minutes that [had] elapsed,” which demanded that title to the Shares immediately be registered in Hawk’s name.[10] That registration occurred three minutes after the letter was sent, so quickly that the letter’s recipient “could not have reviewed Hawk’s letter, considered its implications, and updated [its] stock ledger.”[11] Finally, one hour later after the shares were registered in Hawk’s name, Hawk wrote to the Court that it now owned the Shares and had exercised various rights as shareholder of the operating subsidiary, including changing the subsidiaries bylaws and the constitution of its board of directors.
In all, “[t]he choreographed sequence of events took place during an extended lunch hour, starting at 11:45am and ending at 1:18 p.m.,” causing Vice Chancellor Laster to comment that “[i]t was not possible for [the parties] to have taken the actions they did without advance notice, preparation, and an overarching plan.”[12] Later that same day, Stream filed an emergency motion with the Court of Chancery, which the Court granted.
The Court’s Ruling
On October 3, 2022, the Court of Chancery held SeeCubic and Hawk in contempt because they had acted in concert to undermine the Court’s earlier orders. Vice Chancellor Laster divested Hawk’s ownership of the Shares, vested their ownership in Stream, and temporarily enjoined SeeCubic and Hawk from interfering with Stream’s ownership of the Shares.
The Delaware Court of Chancery exercises discretion in imposing contempt sanctions, employing an equitable standard in deciding whether a party failed to obey the court’s orders “in a meaningful way.”[13] SeeCubic argued that it complied with the earlier order because it had transferred the Shares to Stream, but the Court focused on the intentionally transitory nature of Stream’s ownership, which lasted for only minutes before title was further transferred to Hawk as a result of SeeCubic and Hawk’s coordination. Vice Chancellor Laster explained that he had intended for Stream to have ownership of the Shares that afforded it a meaningful opportunity to engage with its secured creditors.[14] SeeCubic and Hawk deprived Stream of this intended opportunity, however, ignoring that Vice Chancellor Laster’s earlier decisions “did not envision a choreographed transfer” by SeeCubic and Hawk to “seize the Shares before Stream could react.”[15] By purposefully frustrating the intended result, SeeCubic and Hawk acted in contempt.
Employing an apparently unprecedented remedy, the Court of Chancery divested Hawk’s ownership of the Shares, vesting their ownership in Stream instead. The Court’s rules provide that, “in proper cases” in which a “party [is] in contempt,” the Court “may enter a judgment divesting the title of any party” to “real or personal property . . . within the jurisdiction of the Court” and “vesting it in others.”[16] Because “[s]hares of stock in a Delaware corporation are personal property within the jurisdiction of the Court,” it was empowered to transfer the Shares’ ownership.[17] Vice Chancellor Laster commented that the pertinent rule has never before been invoked in a reported Court of Chancery opinion. He reasoned that “[e]xtraordinary facts will sometimes call for extraordinary remedies” in order “to give the parties that to which they are entitled,” however, and “the fact that a particular form of relief is unprecedented does not mean it is unwarranted or unavailable.”[18]
Further, the Court of Chancery granted a ten-day injunction barring SeeCubic and Hawk from interfering with Stream’s ownership of the Shares, in an effort to restore the parties to roughly the same state they had occupied before the Court of Chancery’s since-reversed December 2020 decision.[19] Because Hawk had not yet exercised its rights as a secured creditor at that time, Stream was entitled to some period of time to act as owner of the Shares without Hawk’s interference. Reassigning the Shares’ ownership and granting a temporary injunction, Vice Chancellor Laster explained, would achieve the outcome envisioned by the earlier order that SeeCubic and Hawk sought to evade.
CONCLUSION
Despite the Delaware Court of Chancery’s observation that this case involved “[e]xtraordinary facts,” In re Stream may have significant implications. And, at a minimum, is a powerful reminder to litigants in all courts of the dangers inherent in playing fast and loose in adherence with court orders. As demonstrated by In re Stream, technical attempts to abide by the letter of the law while ignoring its spirit may not end well.
Dear Friends,
Former Chancery Court Chancellor Andre Bouchard was interviewed by Litigation Daily and answered their questions. I carefully read the article and my bullshit meter was in overdrive, folks. I decided to answer some of the same questions to give readers what they deserve: The truth. More on this in Part II, where I’ll address his BS answers.
The question and answer article is about Bouchard’s thoughts on Chancery. That is rich, folks! Since he did everything in his power to destroy that court’s reputation and use it as a plaything to enrich his friends and former business partners (Yes Kevin Shannon and Steven Lamb, I am talking about you, Bouchard put forth ungodly amounts of money as a judge to both of you). First of all, as I see it, except for illegally enriching his friends, must not miss the TransPerfect case, since his corruption there got him kicked off the bench. Bouchard says he’s doing “a lot of mock judging experiences” these days – good choice of words – he’s always been a mock judge – making a mockery of justice.
He was asked what it takes for a firm not from Delaware to build a successful Chancery Court practice. I’ll tell you: Connections and Payola. That is Bouchard’s sad legacy, as I see it, folks. Mr. Shannon and Mr. Lamb can perhaps attest – Lamb cashed a $1.7 million check from Bouchard’s doings, then what? His firm hired Bouchard into private practice! Coincidence?
Bouchard openly talked about Chancery Court “guidelines” that his mentor Leo Strine put in place and that he himself revised during his short tenure in power. In the story, he was asked if there was anything during his time on the bench that he thought newcomers should know about the court. That’s an easy one folks, it’s all about who you know, and who you can influence at fancy Country and Supper Clubs.
See the story below from Litigation Daily. It’s full of BS and answers that you’d have to really be drinking the false kool-aid to buy. Those not making a living off this system can smell a pile of excrement when we see one. Agree? Disagree? Please send your feedback. It is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Delaware Law Journal
‘Don’t Waste the Court’s Time’: A Delaware Chancery Court Primer from Paul Weiss’s Andre Bouchard
“You’ve got to jealously guard when you get the court involved in matters,” says Bouchard, the former Chancellor of Delaware’s Court of Chancery, now a partner at Paul Weiss.Dear friends,
Have you heard the old sayings, such as “Payback is a bitch?”, “What comes around goes around?”, “People in glass houses shouldn’t throw stones?” and “The wheels of justice move slowly?” Well folks, it appears that despite a compromised FBI in collusion with the Democrat party, which falsely attacked former President Donald Trump and covered up Hunter Biden’s potentially nefarious crimes, potential justice could very well eventually prevail.
It looks like the Republicans are going to take over the House and probably the Senate. If that happens, the proper investigations and criminal prosecutions for the suspected. grotesque influence peddling, by the Bidens, which I believe has compromised our national security, will take place.
The evidence gleaned from Hunter’s laptop, testimony from former business partners, and evidence gleaned from FBI whistleblowers, indicates serious crimes, especially with China, that could actually be paramount to treason. The 10% clearly designated for the “Big Guy” (President of the United States-Joe Biden) written on Hunter’s laptop and the words from Joe Biden’s brother when asked how the Biden’s got away with their suspicious enterprises by former business partner Tony Bobilinski – “Probable Deniability” were the explanations used as part of the method of operation by the Biden Family, which has gleaned millions of dollars from foreign providers.
Indeed, when the Republicans take over, the real activities of the entire Biden Family could actually be exposed with impeachments and criminal prosecution. The wheels of Justice move slowly, but eventually it gets there.
Payback is indeed a bitch and I predict it is definitely coming. In my view, what has occurred through the Biden operation has compromised the entire safety and national security of the American people. These activities must be accounted for and. if accurate, severe consequences must happen.
What do you think? As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Highway robbery is happening in broad daylight in Delaware’s Chancery Court, folks. It’s not an exaggeration to say, in my view, it’s criminal and cronyism at its worst. It’s detestable and the once-respected Delaware Chancery Court no longer has national respect. I believe Chancellor Kathaleen McCormick should be ashamed of herself that this behavior is condoned and allowed in her once-proud, but now disgusting court.
See the story below that Delaware’s Chancery Court approved a stunning $400,000 in legal fees for just a 3-month period to a custodian chosen by his friend and former Chancellor Andre Bouchard to run an auction that ended 5 years ago! The money is for former Skadden Arps attorney Robert Pincus, who is the court’s hand-picked custodian in the TransPerfect case.
Sadly and disgustingly, hardly any legal action or movement in the lawsuit has happened over those 3 months. Yet, Chancellor McCormack keeps approving these monstrous bills with no oversight. This is why the Delaware Way is going to ruin the incorporation business that is so vital to our economy. Greed and deep-rooted corruption by Skadden in the system is the only explanation.
It is no coincidence that Skadden is one of the law firms representing Twitter in its battle with Elon Musk.
How is this still happening, folks?! In our fine country and America’s First State?! Please share your feedback, folks. It is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Citizens for Judicial Fairness Slams the Chancery for Allowing Self-Dealing Lawyers to Continue Lining Their Pockets at Expense of TransPerfect Employees as Court Action Stalls and Case Goes Nowhere
October 24, 2022 12:00 PM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, Citizens for Judicial Fairness campaign manager Chris Coffey issued the following statement after new financial records show the Delaware Chancery Court approved an additional whopping $400,000 in legal fees last quarter for its hand-picked custodian, former Skadden Arps attorney Robert Pincus, in the TransPerfect case – despite little legal action or progress in the suit over the past three months.
“Making a cool $400,000 for no work is a pretty sweet gig if you can get it – but tragically that’s business-as-usual at the Delaware Court of Chancery, which acts more as a conveyor belt of cash for its legal cronies than a hallowed hall of justice. The latest payout goes to the Chancery Court’s own hand-picked custodian in the TransPerfect case, former Skadden attorney Robert Pincus, and required virtually no legal action or court proceedings – just an insider connection to land a cushy appointment. And the Chancery Court has no qualms about bilking a successful, job-creating company and its hundreds of hard-working employees to line the pockets of its friends. While it’s murky what work was actually done to earn $400,000, this much is clear: the fees aren’t about the administration of justice or the disposition of a legal matter, they’re nothing but a court-approved kickback.”
OPINION
Dear friends,
”Liar, Liar, Pants on Fire”… the old adage that without a doubt identifies the biggest hypocrite, liar and exaggerator in the whole world. This insidious prevaricator is President Joe Biden. It is indeed a terrible thing to have someone who is so completely dishonest in charge of your country, using his position and power for his own benefit, while compromising your constitutional rights, freedom, and future prosperity.
Folks, I am from Delaware-born and raised, and I have been observing the unbelievable phenomenon of Joseph Biden all my life. I played football against him, ran a campaign against him in Sussex County, and have completed hours of opposition research on this man’s fallacious existence. It wouldn’t surprise me if I know more about him than he knows about himself.
Biden has been coddled, protected, and propped up by the media and hundreds of Democrat operatives who have basked in Biden’s amazing, reflected glory, in a career that is so filled with intrinsically evil operations and misrepresentations, within both the public and private sectors, that any educated individual who knows the reality of his existence is truly appalled.
Folks, this man should never have been President of the United States. As a local Delaware politician, Biden always had “the gift of gab”, a remarkable charisma that enabled him to propagate and enable a career of deception that Delawareans and eventually the Democrat hierarchy bought into, enabling him to achieve the highest office in the land.
From the very beginning, when Biden stole his original election in Delaware for U.S. Senator by bribing the head of the Teamsters Union, a career of deception, lies and criminal activity, has been propagated ever since. The Teamster’s President was bribed for $3,000, the Delaware newspapers endorsing Biden’s opponent were never delivered and Biden narrowly won his original election. Folks, I know the man who put up the money—from his lips to mine.
He lied about his grades and degrees in college. He was suspended for plagiarizing a paper in law school, and in a previous run for President, plagiarized a British orator’s words and was forced to end his campaign. He once said he was arrested with Nelson Mandela—a complete lie. He even lied about his marriage to Jill and how they met. There has been one prevarication after another, and yet Biden always got away with it, protected by the “apple, polishing, wart healing” media along with innumerable Delaware sycophants.
Remember the scandal of democrat aid, Tara Reid, who claimed Biden molested her? That situation was nicely covered up by the press, as I see it. Biden should have been arrested and thrown in jail. The influence peddling with help from son Hunter and the apparent millions of dollars gleaned by the entire Biden family is unprecedented. “TEN PERCENT FOR THE BIG GUY”. How do they get away with it? One Biden brother called it “Feasible Deniability”. The evidence found on Hunter’s laptop and testimony from former business partners indicates that our president has been involved in activities that have compromised our national security.
Biden continues to lie to the American people about everything—the compromised Southern border, the energy crisis, the economy, inflation, and every aspect of our society, which is absolutely under serious attack. Biden’s cloaked dishonesty, enhanced by a Democrat party that intends to subjugate us by weaponizing the DOJ, the IRS, and the FBI is beyond disconcerting and frightening. In my opinion, folks, it is hard for this writer to believe how this incredible con-man, named Joe Biden, was able to get himself elected President of the United States and how in two short years has managed to completely disrupt our nation.
Folks, on November 8th, we have the opportunity to control and eventually eliminate the abomination that Joe Biden has become by voting Republican. Indeed my words are harsh, but that is the way I see it.
This is my opinion based on my years of political experience and extensive observations of Biden’s method of operation. The facts are available to those who wish to do the research. As always, your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
It looks like our nation will not get to see all the incestuous players in Delaware’s Chancery Court as the Elon Musk vs. Twitter may be coming to an end. The company is being prepared to be bought by Musk as you’ll see in the Bloomberg News story below.
Chancellor Kathaleen McCormick has imposed an October 28, 5pm Eastern time deadline, and it looks as though Musk will close his deal to buy Twitter.
It’s a shame that the spotlight won’t be shined brightly on the cronyism and the Good Old Boy corruption with all of the world watching. The incestuous ways of Delaware’s Chancery Court, which are apparent to some of us, will remain cloaked in secrecy to most of the world.
Politically, the left is freaking out, because Musk will not ban people or prevent the truth from being published on Twitter, which the company has maliciously done in recent years. Free speech, folks. That’s what I stand for!
Secrecy reigns in Delaware’s equity court, while free speech is set to open back up on Twitter. Let me know your thoughts on this folks. Your feedback is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
https://www.bloomberg.com/news/articles/2022-10-18/twitter-locks-employee-stock-accounts-in-anticipation-of-deal
Twitter Locks Staff Stock Accounts in Anticipation of Deal
-Updated FAQ page for employees says account activity frozen
-Musk, Twitter approaching Oct. 28 deadline to close deal
By Kurt Wagner and Edward Ludlow
October 18, 2022 at 1:32 PM EDTUpdated onOctober 18, 2022 at 1:37 PM EDT
Twitter Inc. froze the equity awards accounts for employees on Monday as the deadline to seal a deal with Elon Musk approaches.
The social media company updated its employee FAQ page this week to alert staff that they won’t be able to access or trade shares from the Equity Award Center. The page said the change was done “in anticipation of the closing of the pending acquisition of Twitter by an entity controlled by Elon Musk,” according to two people familiar with the change.
“This freeze allows Schwab to perform final reconciliation of employee accounts prior to close of the acquisition,” the update reads. Restricted stock units for a number of workers are due to vest early next month, the people said. A number of staff have been seeking other jobs and plan to resign once the stock vests, they said.
A Twitter spokesperson declined to comment.
The move is a signal that Twitter is marching forward with the proposed deal. Twitter’s shares jumped 1.9% after the news.
Musk and Twitter are nearing an Oct. 28 deadline to finalize a $44 billion sale that was first announced in April. Musk previously tried to walk away from his offer, prompting Twitter to sue in an effort to consummate the agreement. A judge delayed a planned trial, originally scheduled for this week, to give the two sides more time to finalize the details.
Employees have been waiting anxiously for the deal to close, and many are worried about the possibility of job cuts. On Blind, an anonymous app for employees to chat with one another, some have started to share tips with colleagues on how to prepare for layoffs.OPINION
Dear Friends,
The November Midterm elections are less than a month away. This election is the most important Democratic process in the history of our Republic. All the polls indicate that the Republicans should win the House by 14 to 20 votes. Control of the Senate will be determined by 1 or 2 elections in Pennsylvania and Georgia.
President Biden and the Democrat Party have done their best to destroy this nation. The lies and corruption of this administration are terrible and intrinsically evil. The absolute absurdity, among innumerable other things, of destroying our oil industry (taking us from energy independence to begging totalitarian dictatorships for oil) and intentionally opening our Southern Border to millions of illegal aliens, has created devastating inflation that will put us in huge economic distress. The possibility of food shortages, gasoline prices off the charts, brainwashing our children in schools, loss of freedom of speech, and a true totalitarian government with a weaponized DOJ, FBI, and IRS, is indeed a reality. Even the progressive, left-wing liberals won’t like what could develop. Unprecedented crime to the point of anarchy is happening now in every major American city and is getting worse every day.
Folks, if we don’t get out and vote on November 8th, and vote Republican to change this potential nightmare, and stop the grotesque bleeding, we could lose the House and the Senate with devastating consequences. This is what will surely happen if that is the case: The Democrats in the Senate will do away with the Filibuster, the Supreme Court will be stacked with Liberals, Puerto Rico and Washington D.C. will become States, (creating a guaranteed Democrat majority in the Senate), the Electoral College will be eliminated, and everything you do will be monitored by an authoritarian government. The true greatness of America and the opportunity for Life, Liberty, and the Pursuit of Happiness will be eliminated. God help us if that happens.
Folks, do you want to live in poverty and lose your freedoms? Do you want to live in a true Socialist/Communist society? Your actions in this Midterm election will determine our fate!
As always, your comments are welcome and appreciated. God bless America!
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I recently wrote an article about the Delaware Chancery Court allowing over $200 million to be billed in the Twitter vs Musk case, even though Elon Musk has decided to now buy the company and the lawsuit should be dropped. This brief column is my personal follow-up.
Folks, after watching carefully for several years, this formerly revered, unique court of equity — once famous and respected nationally for resolving corporate legal problems that could not be solved internally — I believe the court has evolved into a “Good Ole Boys Club” with a select few of connected lawyers who in my view rape the system.
Seventy percent of most fortune 500 companies have incorporated in Delaware, which means that this court gets to make decisions that involve millions of dollars. It appears from my observation that the value and righteousness of a legal issue in an important case is not always the deciding factor. Many of the most successful (winning lawyers in the Court of Chancery) are former business partners with the Chancellors or connected to the Chancellor or court in other ways.
Bottom line folks, who you hire, especially if the attorney was buddies with the judge, makes a difference in the outcome? It is unfortunate that the world may not now get to see this Delaware extravaganza in operation with its innumerable conflicts of interest and appearances of impropriety. Many lawyers, I know personally in Delaware, folks jokingly call the Chancery Court the Delaware Court of Inequity.
A few connected lawyers who make their living in the Chancery Court took exception to my last article, declaring absolute integrity in the Delaware Court of Chancery. I say “BS”. Folks, throughout Delaware law, it is stated that the Appearance of an Impropriety is as bad as the Impropriety itself. When a judge has lunch with one of the opposing lawyers during the decision making time of a trial, that is the appearance of impropriety. When a judge is a former business partner of one of the lawyers in a case, that is a conflict of interest. When a judge legislates from the bench in an unprecedented manner, that is improper. When a judge allows one side to milk a litigant for millions of dollars without precedent, especially when the lawyer for that side was a former business partner of the Chancellor, I call that the appearance of impropriety. I even witnessed a Chancellor allowing bills to be submitted for the time used to create the bill. Folks, the purpose of the Delaware Court of Chancery is to provide fair and equitable solutions, not to enrich the Chancellors’ special friends.
Power eventually corrupts, and folks the Chancellors in Delaware have ultimate power. The outrageous rulings in the TransPerfect case were over the top, and to me indicated a form of subtle corruption.
Now Twitter and Musk have contributed millions to connected lawyers, all capitalizing on the unique equity industry that is alive and well in Delaware and the case hardly got started. I urge legislative change and better oversight of this unique Court, so there can never be a doubt about its integrity.
As always your comments are welcome and appreciated.
Yours truly,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
As crazy as it sounds folks, legal fees are reportedly as high as $200 million in the Twitter vs. Elon Musk case as the Delaware Chancery Court outrageously enables these sky-high cronyistic legal billings. The companies in this battle not only hired firms with the closest connections to the court, they encouraged and allowed hundreds of millions to be billed in this case. Citizens for Judicial Fairness is speaking out loudly — calling out the equity court for allowing bills to be padded by millions of dollars — while calling for judicial reform because of it.
Is this a court, or a country club, with everyone winking and nodding as the meter runs endlessly? Do we simply stand by as the Chancery Court elites are enabled to get richer, while others suffer? See the Delaware Business Now piece below for the full story. It’s time for reform, folks. Will our Delaware elected officials act? Let me know what you think of this corruption. Please send your feedback, which is always welcome and appreciated. Respectfully Yours, JUDSON Bennett-Coastal Network
https://delawarebusinessnow.com/2022/10/judicial-fairness-group-takes-aim-at-legal-fees-paid-in-musk-twitter-case/
Judicial fairness group takes aim at legal fees paid in Musk-Twitter case
Delaware Business Now
October 7, 2022
Following a report noting that lawyers in the Musk-Twitter lawsuit have run up as much as $200 million in legal fees, Citizens for Judicial Fairness Campaign Manager Chris Coffey released the following statement:.
“Our courts must be a bastion for justice and fairness – not a scam for connected lawyers to fatten their wallets by fleecing the businesses that they’re meant to serve and that provide the livelihoods of thousands of hardworking employees and their families.
“Once again, the Chancery Court is top of class in empowering legal elites to enrich themselves at the expense of everyday people just because they go to the same country clubs as court ‘justices.’ Every day this disgraceful self-dealing system racks up money for rich, well-connected lawyers is a day hard-working people have to work even harder to make up the difference. The time for judicial reform is long overdue because instead of serving the lofty ideals of justice, or the needs of our communities, at the Delaware Chancery Court, the meter’s always running.”
Citizens for Judicial Fairness was born out of the dispute over the ownership of New York-based translation services company TransPerfect and the legal fees paid in that case between two owners with 50-50 ownership. The case was settled with TransPerfect owner Philip Shawe prevailing.
The group was later rebranded and focuses on the lack of Black judges in Delaware.
The TransPerfect and Twitter cases differ, especially when it comes to the value of the two companies and the fortune of Musk, who is believed to be worth $230 billion.
TransPerfect was sold for $770 million in 2018 under an offer from Shawe that was approved by Chancery Court. Shawe has disputed the legal costs coming out of the case and fees paid to a court-appointed custodian who recommended the sale to Shawe,
This year, Tesla founder Elon Musk pulled out of a deal to buy social media company Twitter for $44 billion, a Tesla sued in Chancery to force Musk to live up to the signed agreement, and Musk recently reversed course and agreed to buy the company after legal maneuvers to delay a Chancery Court or produce a way to walk away from the deal trial failed.
Depositions and other pre-trial activity have continued in the Twitter case.
OPINION
If former White House adviser Peter Navarro is ordered to relinquish presidential records from “at least one unofficial email account” (see MSN’s court story below) then Andre Bouchard, former Chancery Court Chancellor, should be forced to give access to his Protonmail account.
Bouchard does not dispute conducting state business in the Delaware Chancery Court’s TransPerfect case, on his Protonmail account, so therefore he should be ordered to give over access to this account, no matter that it is not an official government account, because he admitted that he conducted Delaware state business, which should open it to inspection.
As I see it, folks, the TransPerfect case was what forced him out of office when he retired less than halfway through his Delaware Governor-appointed 12-year term. Shouldn’t we be allowed to know what really happened? Do you agree?
Send your feedback. As always, your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
‘Those Records Are the Property of the United States’: DOJ Uses Rare Procedural Device to Claw Back ProtonMail Account from Peter Navarro
Adam Klasfeld – Sep 27
Former Trump White House Advisor Peter Navarro (L) talks to reporters with his new attorney John Rowley after Navarro was arraigned at the Prettyman U.S. Courthouse on June 17, 2022 in Washington, D.C.
Federal prosecutors deployed a rare procedural maneuver on Monday night to seek a judicial order for former White House adviser Peter Navarro to relinquish presidential records from “at least one unofficial email account” without conferring immunity to him.
“There is no genuine dispute of fact that Dr. Navarro used at least one unofficial email account to conduct official business, that those records are the property of the United States, and that Dr. Navarro has refused to return the records to the United States,” prosecutors wrote in a 14-page memorandum. “Indeed, his counsel has expressly admitted as much. Because Dr. Navarro remains in possession of property that belongs to the United States, this Court should issue a writ of replevin requiring Dr. Navarro to return what he wrongfully continues to possess.”
Facing a pending criminal prosecution for contempt of Congress, Navarro courted a civil lawsuit against him in August over the use of a ProtonMail account when he served as former President Donald Trump’s trade adviser. The Swiss-based email company offers end-to-end encryption on emails sent to each other on their servers. The lawsuit, filed in the District of D.C., accused Navarro of flouting the Presidential Records Act and stonewalling the National Archives and Records Administration.
Facing a pending criminal prosecution for contempt of Congress, Navarro courted a civil lawsuit against him in August over the use of a ProtonMail account when he served as former President Donald Trump’s trade adviser. The Swiss-based email company offers end-to-end encryption on emails sent to each other on their servers. The lawsuit, filed in the District of D.C., accused Navarro of flouting the Presidential Records Act and stonewalling the National Archives and Records Administration.
The Justice Department turned up the heat on Navarro on Monday evening, seeking what is known as a writ of replevin.
“Because there is no genuine dispute that Defendant has unlawfully retained and withheld Presidential records that are rightly the property of the United States, this motion seeks summary judgment and a writ of replevin from this Court ordering Defendant to return all Presidential records in his possession to the United States,” the memo states.
Before the Justice Department filed suit, Navarro’s counsel refused to produce any records without a grant of immunity, according to court papers.
Former federal prosecutor Mitchell Epner told Law&Crime that the Justice Department’s motion would avert this impasse.
“This is a very clever procedural device by the DOJ to get the documents from Navarro without conferring immunity upon him for the act of producing the documents,” said Epner, who is now a partner at Rottenberg Lipman Rich PC.
According to Epner, this type of government request is uncommon — but then again, so is the alleged conduct that prompted it.
“I have never seen it done,” Epner added. “It is very rare that a defendant has physical possession of documents that, by operation of law, belong to the U.S. Government.”
Navarro’s attorney John S. Irving did not immediately respond to Law&Crime’s email requesting comment on the latest development.
In response to a prior inquiry, the lawyer asserted: “Mr. Navarro has never refused to provide records to the government.”
“As detailed in our recent letter to the Archives, Mr. Navarro instructed his lawyers to preserve all such records, and he expects the government to follow standard processes in good faith to allow him to produce records,” Irving said in August.
Having lost his recent bid to advance even a “colorable” claim of selective prosecution, Navarro will stand trial for contempt of Congress trial on Nov. 17.
Opinion
Dear Friends,
It is my view that President Joe Biden is the most hypocritical, incompetent man on the planet. He and his insipid Vice President Kamala Harris have done everything possible to ruin this country. Can you imagine a President calling out a DEAD Congresswoman from the audience, when a week before he had sent condolences from the White House? Can you imagine a Vice President who does not know the difference between North and South Korea? Well folks, that is what you got running this country.
Here are the current administration’s accomplishments:
1) Biden completely destroyed the oil and natural gas industry, taking us from being energy independent to depending on foreign oil.
2) Biden took a controlled Southern Border and intentionally opened it up to the world. Millions of illegal aliens are pouring into our country, sucking up benefits, taking jobs with cheap labor, bringing in drugs which have killed over a hundred thousand citizens, and committing heinous crimes with impunity.
3) Biden’s withdrawal from Afghanistan was a disaster and an indication of his true incompetence. The weakness he displayed there opened the door for Putin to attack Ukraine.
4) Biden gave away billions of dollars in financial aid for unemployment and pandemic problems that created inflation that is devastating everyone’s economic stability. Millions of dollars were stolen through fraud.
5) Biden has weaponized the FBI, the IRS, and the DOJ to control us. He is operating a totalitarian government that is frightening beyond belief.
Folks, I could write a book about how bad things really are and how bad they could get. Biden with help from his son Hunter has sold out his country. The evidence of influence peddling and corruption is overwhelming. The book “The Laptop from Hell” is totally incriminating. Miranda Divine, the New York Post’s top reporter, wrote a realistic expose of the Biden Crime operation which everyone should read. Tonight, Hunter Biden’s former partner, Tony Bobalinski, will testify on Fox News’ “Hannity” about the Biden corruption. He has thousands of documents and a tape of Joe Biden, clearly indicating his complicity.
Folks, as bad as things are, if we vote Republican in November, we have a chance of taking back our country, saving our freedoms, and enjoying some prosperity. If not, we will be forced into mediocrity and much worse. That’s the way I see it.
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
We’re less than a month away from the trial of the year in Delaware’s Chancery Court as Twitter and Elon Musk are set to battle on October 17.
When heading to a trial in Delaware’s Chancery Court, who you hire is as important – if not more important – than the merits of the case. It’s a sad reality that to litigate a case in the Chancery, the strategy about what connections your firm might have with the Court is more important than finding a lawyer who can best win the case based on legal strategy.
The lawyers in this case are hiring firms with close connections to the Chancery Court, because as I see it, it’s not truly a court, it’s more like a Delaware lobbying arm. It’s who you know and how they are tied to the court. The strategy is to hire a retired judge now working in private practice or a firm or lawyer who was once a former employer of the current Chancellor. With these links to the court, your chances of success are much higher.
Sadly, it’s a winning strategy. At the end of the day it’s not about what you know but who you know.
See the Associated Press story below, which sets the stage for the trial, which is scheduled to last five days.
I’d love to hear your feedback on this folks. It’s welcome and appreciated. It’s so important now as this court is being thrust in the spotlight for all the world to see the cronyism and injustice that lies within.
Respectfully Yours,
JB-Coastal Network
By BARBARA ORTUTAY
September 26, 2022
WILMINGTON, Del. (AP) — Tesla CEO Elon Musk won a reprieve from questioning by Twitter lawyers Monday, according to several press reports. The billionaire had been scheduled to give a deposition in his high-stakes court fight with Twitter over whether he has to follow through with his agreement to buy the social platform for $44 billion.
Instead, Musk’s questioning was postponed to a future date. Twitter CEO Parag Agrawal, who was also scheduled to face Musk lawyers on Monday, likewise postponed his deposition, according to a person who was briefed on the matter.
The Musk postponement was reported by Bloomberg, Reuters and the Wall Street Journal, all of which attributed the information to anonymous sources.
News of the postponements fueled a brief rally in Twitter shares, which jumped 5.4% to $43.03, apparently on hopes of a settlement in the case. That enthusiasm waned later in the day. Twitter shares closed Monday at $41.58, eight cents higher than they opened.
Court watchers said that such postponements are not unusual ahead of major pretrial hearings. A hearing on several significant pretrial motions is scheduled for Tuesday.
Both men were expected to answer questions posed by opposing lawyers ahead of an October trial that will determine who is at fault for the seeming collapse of Musk’s Twitter bid, not to mention who owes whom large sums of money as a result. The trial is set to begin October 17 in Delaware Chancery Court, where it’s scheduled to last just five days.Opinion
Dear friends,
November 8th, the upcoming Midterm election is fast-approaching. At that time we Americans have an opportunity to change history, take back our country, and stop the bleeding. Folks, I have never seen anything like it in my lifetime. Crime is absolutely out of control, the cost of living is spiraling as inflation is going up, and over-priced gas and heating oil are crippling everyone.
The Southern border is in a major crisis with over 2 million illegals that have been allowed in our country, not including at least a million “got a ways” that were not apprehended. Over 100,000 Americans have died from deadly drugs that have been smuggled across the border, as well.
There is only one man to blame for this and that is President Joe Biden, along with his Democrat cohorts. Without a doubt, Biden and his son Hunter, have compromised our national security through despicable influence peddling. Interestingly, the FBI and the DOJ have a double standard and have been weaponized against those who do not embrace the left wing agenda, however the Bidens seem to go unscathed?
Folks, an Orwellian society, with “Big Brother watching you” is right around the corner if we do not change things. Please vote Republican in November and save your country.
Do you want a Socialist, totalitarian government that keeps you poor with no hope for prosperity? I think not!
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Like the TransPerfect Trail, It Will Cost Time and Money
OPINION
Dear Friends,
In the Twitter vs. Elon Musk trial, the big question is why is the trial being expedited? One has to question why Chancellor Kathaleen McCormick is expediting this trial? Is there more to it than meets the eye? Who’s benefiting from this expedited trial, Twitter or Musk?
In Delaware’s TransPerfect case, judge Andre Bouchard, also forced an expedited one-week trial. We know in the TransPerfect Chancery Court case, an expedited trial was at the expense of CEO Phil Shawe’s side, because it limited his witnesses and amount of evidence to present. The expedited trial benefitted litigant Elizabeth Elting because she had no evidence and was her only witness.
In Twitter vs. Musk, also in the Chancery Court, the word on the street is that Twitter is benefitting from the judge expediting the trial. If the company is benefitting, one has to question why McCormick is orchestrating this? Is it because Twitter’s law firm has an ex-Chancellor on it? Why did she order this?
In the case of Shawe vs. Elting, while Shawe ultimately won the case, the expedited trial cost him and the company millions of dollars and years of time. We all know how valuable time and money are, folks.
One must question, in Delaware’s crookedly run Chancery Court, why? Why is McCormick giving one side an edge? Twitter is no different now than before Musk made his offer. He made his offer and revoked his offer, but the operation of the company remains unaffected. So why is Twitter being given the benefit of the expedited trial?
Please see the story below about Musk, who is about to be grilled next week. Maybe it winds up costing Musk extra time and money. Maybe he’ll ultimately prevail. But again I ask, at what cost and why? What’s truly behind this?
Please send your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
It’s almost money time in the Elon Musk-Twitter (TWTR) saga, which has been keeping markets and social networks spellbound since April.
As sports fans and athletes know well, it’s a pivotal moment. Any mistake can be very costly.
In the legal battle between the world’s richest man and the influential microblogging website Twitter, the star is about to enter the scene.
Musk will answer questions from the platform’s lawyers on Sept. 26 and 27 at a law firm in Wilmington, Del., according to a court filing.
This deposition, which is not public, might be extended to Sept. 28.
One open question is whether the tech tycoon will appear in person or by videoconference. Musk can be whimsical, so either prospect is possible.
Deposition of Former Twitter CEO Jack Dorsey
In addition to speaking with Musk, Twitter lawyers will depose his lawyer, Alex Spiro, on Sept.25, and Musk’s lieutenant, Jared Birchall, according to separate court filings.
Before everyone else, it was Jack Dorsey, the founder and former CEO of Twitter who was to answer questions from the lawyers of his former group on Sept. 20.
Dorsey, who is a friend of Musk, was to be questioned by attorneys for both sides via Zoom. He was particularly supportive of Musk’s efforts to acquire Twitter.
These depositions can influence this battle, the trial of which is scheduled for Oct. 17 before Delaware Court Chancellor Kathaleen McCormick.
The Trial Is Getting Closer
It all started with Musk taking a stake in Twitter in early April. The billionaire and CEO of Tesla then became the group’s largest shareholder with a 9.2% stake.
He subsequently terminated an agreement with management that gave him a seat on the board. At the end of April, he made an offer valuing the platform at $44 billion.
He then explained that he wanted to take Twitter private and fix the problem of spam bots, or fake accounts, which according to Twitter represent just under 5% of users.
OPINION
Dear Friends,
I actually woke up at 2 a.m. this morning to watch the repeat edition of Sean Hannity’s interview with former President Donald Trump. The fascinating interview and discussion about the New York harassment of Trump’s organization and the unprecedented FBI raid on Mar-a-Lago were the in-depth topics.
Folks, from the very beginning, from the moment Donald Trump and his wife Melania came down the escalator at Trump Towers in New York City to announce his candidacy for President of the United States, the FBI, DOJ, and CIA – using false documents created and funded by Hilary Clinton, to spy on Trump’s campaign – began an unbelievable agenda to destroy an administration elected by the American people. The absurd Muller investigation in regard to erroneous accusations by and from the Democrat party and certain malicious Republican officials were proven to be unfounded. Documents were even forged by an FBI lawyer to promote and continue the harassment. There were 2 attempts at impeachment by the Democrat House, which proved to be unsuccessful in the Senate. Bottom line, proven corruption by the Democrats who have clearly weaponized the federal law enforcement agencies to attack Republicans has apparently become a reality. For this writer and patriot these actions are frightening and disconcerting.
According to Trump, the recent and unprecedented raid on his home is just more of the same. Trump, whose popularity is quite strong, and in light of the Biden debacles, is indeed a threat to win back the Presidency. It is apparent, the Democrats hope to destroy his chances by finding anything that could prevent him from running again. Thus, the raid on Trump’s home, searching for documents that the DOJ says he should not have, was implemented. Baron Trump’s bedroom, Donald’s son, was ransacked as was even Melania’s underwear drawer.
During the Hannity interview, Trump emphasized two major points. The first was that the NY harassment was without evidence and should not be happening, and the Mar-a-Lago raid was totally illegal in that the documents were protected under the “Presidential Records Act” and were all declassified under his authority. Trump explained that he had been working with the authorities about the records and had followed precedent and the law accordingly. Yet, out of the blue, comes this unprecedented raid based on, at the best, insignificant technicalities and the worst clear corruption by the FBI and DOJ.
My concern is that Trump will be indicted by this corrupt government for the sole purpose of preventing him from running again. Folks, if this unprecedented action could happen to a former President of the United States, it could happen to you. That’s the way I see it.
As always, your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I see the Chancery Court and Chancellor Kathaleen McCormick finding a way to heist millions from Elon Musk and Twitter. It’s that simple. It’s what I’ve seen from this court and what I expect to see from this court. Sadly, our Delaware representatives refuse to act.
The court appears to make and live by its own rules, as you’ll see in the Axios story below. I tuned into the Chancery Court call last week to listen to both sides in the Elon Musk vs. Twitter case. McCormick appears to be just as much a bully as her predecessor Andre Bouchard. She is insisting the trial date of October 17 will hold firm in spite of what sound like reasonable objections for more time to prepare their respective cases.
Why hold the date steady when it won’t hurt either side to delay it? As we’ve seen from both McCormick and Bouchard in the TransPerfect case and other cases, this court makes its own rules, litigants be damned. As long as Delaware’s Good Old Boy Network is able to collect enormous, copious and criminal attorney fees.
Please send your feedback, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett, Coastal Network
Twitter’s former security chief, whistleblower Peiter “Mudge” Zatko, levied a host of accusations against the platform to the Senate Judiciary Committee Tuesday, saying Twitter maintained lax security standards, did not vet employee access to user data and would not improve its practices even in the face of government fines.
Why it matters: The testimony comes as Twitter’s court fight to get Elon Musk to make good on his deal to buy the company for $44 billion moves forward, but it did not appear to offer much new ammunition for Musk’s case.
Very little of Zatko’s testimony covered Musk’s main argument since July for leaving the deal: his charge that Twitter has been untruthful about the number of bots and fake accounts on the platform.
When Zatko’s whistleblowing report became public last month, it appeared that his complaints against the company could be of use in Musk’s defense.
Zatko alleged that Twitter lacked the internal resources to fully count the number of bots on the service and had little interest in doing so.
Musk’s lawyers immediately introduced new filings based on Zatko’s claims, and the judge in the case, which is set for trial beginning Oct. 17, ruled last week that Musk could introduce this new evidence to the proceeding.
While Zatko’s Tuesday testimony was light on bot-talk, he elaborated on the many security risks he says he observed in his position before the recently installed CEO Parag Agrawal fired him last January.
Zatko said that he found that Twitter’s engineers, some 4,000 employees, all had extensive access to company and user account data.
He said that one-time government fines for violating regulations — such as the $150 million Twitter paid to the Federal Trade Commission over improperly selling user data earlier this year — were built into the company’s operating budget.
Twitter has said that Zatko’s complaint is “riddled with inconsistencies and inaccuracies.”
The intrigue: Senators from both parties made it clear they support increased government regulation of Twitter and other social media platforms — and that would affect Twitter’s future, whoever wins in court.
Zatko said he was concerned the FTC didn’t have the resources to properly investigate Twitter’s security protocols or vet the information that Twitter provided to the agency.
Senators on both sides of the aisle discussed strengthening federal regulatory bodies. Sen. Richard Blumenthal (D-Conn.) even suggested the creation of a wholly new agency focused on enforcing tech regulations.
Yes, but: Years of similar hearings have not moved Congress to approve broad legislation imposing new regulations on the industry.
Yes, but: Zatko’s 200-page whistleblower report filed with Congress and other U.S. agencies could still cause Twitter problems and help Musk’s case.
Parts of his testimony alleged poor internal reporting practices, which could conceivably be used by Musk in his case.
“There was a culture of not reporting bad results up, only reporting good reporting results up because that was the internal incentive structure,” Zatko told the committee. “You were rewarded based upon relationships and how you performed in an emergency — not for identifying existing errors and doing the ground work for keeping the lights on and running the business.”
What’s next: As with last year’s Facebook whistleblower Frances Haugen, Zatko could be called before lawmakers again.
Despite multiple attempts by Musk to delay the case, the Oct. 17 court date still stands — unless the parties decide to settle sooner.
Before the testimony began, Musk tweeted a popcorn bucket emoji.Dear friends,
Delaware had its primary election. Congratulations to those who attained victory and my condolences to those who lost. Regardless of the winning or losing – the fact that you ran is significant and appreciated!
Sussex County had quite a vitriolic election, and indeed yours truly was on the wrong side. Unfortunately, primaries can be extremely contentious, and hopefully, the hatchet can be buried and the business of the people carried on.
Elections always make me think of Teddy Roosevelt’s famous speech, which addresses the issues of elections and the important fact that candidates had the courage to run, regardless of victory or defeat.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Scroll down to read Teddy Roosevelt’s brilliant words:
The Man in the Arena
Subjects: Roosevelt, Theodore, 1858-1919; Citizenship; Citizenship–Study and teaching
Theodore Roosevelt delivered the speech entitled “Citizenship in a Republic” at the Sorbonne in Paris on April 23, 1910. The speech is popularly known as “The Man in the Arena.” His statements at the Sorbonne were part of a larger trip to Europe that also included visits to Vienna, Budapest, and Oslo. On May 5, 1910, he gave his Nobel Prize speech. This trip came in the midst of Roosevelt’s frustration with the Taft administration and followed his African safari with Kermit. After completing his tour of Europe, Roosevelt would make a triumphant return to the U.S.
“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows the great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.
Shame on the man of cultivated taste who permits refinement to develop into fastidiousness that unfits him for doing the rough work of a workaday world. Among the free peoples who govern themselves there is but a small field of usefulness open for the men of cloistered life who shrink from contact with their fellows. Still less room is there for those who deride or slight what is done by those who actually bear the brunt of the day; nor yet for those others who always profess that they would like to take action, if only the conditions of life were not exactly what they actually are.
The man who does nothing cuts the same sordid figure in the pages of history, whether he be cynic, or fop, or voluptuary. There is little use for the being whose tepid soul knows nothing of the great and generous emotion, of the high pride, the stern belief, the lofty enthusiasm, of the men who quell the storm and ride the thunder. Well for these men if they succeed; well also, though not so well, if they fail, given only that they have nobly ventured, and have put forth all their heart and strength. It is war-worn Hotspur, spent with hard fighting, he of the many errors and the valiant end, over whose memory we love to linger, not over the memory of the young lord who “but for the vile guns would have been a valiant soldier.”OPINION
Dear Friends,
Folks, life right now for me and half the country is terribly disconcerting. Indeed, I have great concern for the future of our nation. Polling indicates that the predicted Red Wave in Congress in the Midterm, November elections may not happen. The Democrats could actually maintain control.
There is no doubt in my mind that if that happens, many of the freedoms we enjoy now will be removed or diminished.
Taxation will be outrageous, your 1st, 2nd, 4th and 5th Amendments to the Constitution will be compromised, and the FBI, the IRS, and the DOJ will be completely weaponized to control you.
We have already experienced and observed blatant corruption on various levels from these sacred institutions. George Orwell, in his classic novel “1984” wrote about a government that controlled every aspect of people’s lives – “THE BIG BROTHER is watching you” concept. Folks, if you vote for a continuation of this crazy Democrat agenda, a totalitarian, Orwellian existence of fear, enforced Socialism, mediocrity, and limited prosperity for only a few will become our reality.
I ask you these questions:
1.) Do you want to be forced to live in a country that requires the limitation of fossil fuels, being totally dependent on electric cars? The batteries alone cost $30,000 and the minerals, products, etc. to produce them are completely controlled by China. Do you want to live in a country that has to buy its oil to maintain its existence from foreign entities such as Iran, Saudi Arabia, and Venezuela while we have the internal capacity to be energy independent and be the world’s number one exporter of oil and natural gas? Does it make sense to restrict and punish our citizens over a phony issue like the GREEN NEW DEAL, while China, Russia, India, and much of South America operate with oil impunity?
2.) Do you want to live under a government that taxes you into oblivion to pay for absurd and unfair expenses, like paying off deadbeat student loans with taxpayer dollars?
3.) Do you want to live in a country that removes your freedom of speech, violates your constitutional rights to bear arms, and completely compromises your 1st, 2nd, 4th, and 5th Amendment rights? When the home of a former President is raided by the FBI, nothing is sacred and it can happen to you.
4.) Do you want open borders where millions of illegals, some carrying drugs, many who are dangerous criminals, and some terrorists are literally walking into our country? The government gives them cell phones, money, and puts them up in hotel rooms—all paid for by tax dollars.
5.) Do you like the fact that over 100,000 Americans have been killed by illegal drugs that are pouring across the Southern Border? Do you like the fact that 770 illegals have died trying to get here already this year? Biden is directly responsible for the illegal border situation. He is violating the law and the Democrats are supporting his corruption!
6.) Do you like the fact that your President is clearly corrupt, and is involved through his son Hunter in outrageous influence peddling?
7.) Folks, how did you like the withdrawal from Afghanistan? Biden got 13 service people killed and left billions of American weapons behind, making the Taliban the best equipped terrorist organization in the world. I could go on and on about how bad things are and how bad they could get if “we the people” allow this to continue.
On a local Delaware note, Sussex County is having World War III over some of its offices. The County Council race between Keller Hopkins and John Rieley in the upcoming Republican primary is beyond contentious. I support Keller Hopkins who I worked with when he was the Chairman of the Sussex Republican party. The man is extremely efficient, and is by far the best candidate for the position.
I predict Keller will win in a narrow victory, He has knocked on over 5,000 doors. For the office of Register of Wills, Candice Green Wilkinson, is the only true Republican, taking on former Democrats Greg Fuller and Ellen Magee, both who are not even close to being as qualified as Candice Green Wilkinson. I predict she wins by 10 points and will be the next Register of Wills.
For the Recorder of Deeds office, Scott Dailey (who has done an excellent job) will easily prevail over the newcomer Ms. Reed. Much of the opposition support in all these races is based on petty crap and personal vendettas, especially coming from the actual and official Sussex Republican Committee
I find it quite amazing and disconcerting that the Sussex GOP is supporting unofficially Greg Fuller who has always been a Democrat. Apparent campaign violations are being hurled at the Rieley camp by the Hopkins group. From my experience it appears the accusations are legitimate and there are indeed some serious inequities.
Regardless, one great and wonderful thing for Delaware is that the University of Delaware defeated the Naval Academy in football last Saturday in a remarkable victory 14 to 7. I love my “Fightin Blue Hens” who I predict will be in contention for a National Championship in their division this year.
Interestingly, weekend talk show host, Duke Brooks, told me the game wasn’t important; chided, demeaned, and insulted me on Facebook for my enthusiasm. In my view he is truly out of touch with Delaware and its citizen’s sports loyalty. I question his abilities, recognition of reality, and professionalism. Regardless, we Delawareans love our Blue Hens and this victory over Navy is a boost for a depressing Delaware situation with an incompetent government.
Some musings from this concerned patriot! As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
The Twitter vs. Musk case is heating up in Delaware’s Chancery Court and I’m on top of it, folks.
There was a hearing this week and as I see it, Chancellor Kathaleen McCormick has decided the winner (Twitter) behind the scenes with the insiders at the country club. All of this legal pomp and circumstance is a show for the shareholders, journalists and so many others watching this case around the country.
McCormick is not deciding this case on its merits in my view. She cleverly threw Musk a bone this week, allowing him to amend his complaint about Twitter inflating their user numbers with millions of fake accounts for two reasons. 1: It’ll help her decision on the case stick, so it’s protected during the appeal process. And 2: To let her buddies bill hundreds of hours of useless work, as I see it.It’s a sham. Expect to see some decisions go his way so he doesn’t accumulate big appeal points, my attorney friends are telling me. For that reason, she’ll indulge all of his objections, issues and motions before the October 17 court date.I truly believe none of the legal maneuvers in this case matter because it has been decided. Her attorney pals get to run up their bills and get richer as she seemingly orchestrates the case and Musk gets screwed. That’s the bottom line, folks. You heard it here first.
Read the Reuters story below for more on this week’s case. Send me your feedback. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
WILMINGTON, Del., Sept 7 (Reuters) – Elon Musk’s can use a whistleblower’s claims in his legal case against Twitter Inc (TWTR.N) but the billionaire cannot delay the trial over his attempt to walk away from his $44 billion deal for the company, a judge ruled Wednesday.
“I am convinced that even four weeks’ delay would risk further harm to Twitter,” wrote Chancellor Kathaleen McCormick of Delaware’s Court of Chancery, in affirming the trial will start next month.
Shares of Twitter rose about 4% in early Wednesday trading to $40.15.
“We are hopeful that winning the motion to amend takes us one step closer to the truth coming out in that courtroom,” said Alex Spiro, an attorney for Musk, in a statement.
Musk’s legal team argued on Tuesday that justice demanded delaying the five-day trial so Musk could investigate claims by whistleblower Peiter Zatko, known as “Mudge,” that Twitter hid weaknesses in its security and data privacy.
Musk’s initial case against Twitter claimed the company misrepresented the prevalence of spam or bot accounts on the platform.
Last month, Zatko’s allegations became public and provided Musk, the world’s richest person, fresh ammunition to bolster what legal experts said was a long-shot attempt to walk away without paying a $1 billion termination fee.
“We look forward to presenting our case in court beginning on Oct. 17th and intend to close the transaction on the price and terms agreed upon with Mr. Musk,” said a statement from Twitter spokesman.
In July, Twitter sued Musk, who is also chief executive of electric vehicle maker Tesla Inc(TSLA.O) to hold him to his April agreement to buy the company for $54.20 per share. The company has alleged that Musk got cold feet over the deal as global politics and inflation rattled markets soon after the deal was signed.
Late on Wednesday, McCormick ordered Musk and Jared Birchall, who helps manage Musk’s wealth, to obtain and turn over phone records to allow Twitter to confirm that Musk did not text about the deal during key periods, as Musk has claimed.
McCormick said there had been “glaring deficiencies” in the text messages that Musk has provided to Twitter in the litigation.
At Tuesday’s hearing, Twitter’s lawyer read a message from Musk that came to light during the litigation that the lawyer said showed the billionaire was not actually concerned about spam accounts.
Musk sent a message to a Morgan Stanley banker in May, as Russia’s President Vladimir Putin was warning the West over his country’s war in Ukraine, that read “it won’t make sense to buy Twitter if we’re heading into World War III.”
The deal contract allows Musk to walk away under certain narrow conditions, although a war is specifically excluded.
Reporting by Tom Hals in Wilmington, Delaware Editing by Nick Zieminski and David Gregorio
OPINION
Dear friends,
The only real Republican in the election for the Sussex County Register of Wills is Candice Green Wilkinson!
Both of her opponents, Greg Fuller and Ellen Magee are Democrats masquerading as Republicans! Both are lifelong, tax and spend, Democrat insiders working hard against Republicans their entire lives! Both of them helped Biden and Obama win the White House! Democrat Governors Minner and Carney appointed Fuller and Magee to finish the terms of their past REPUBLICAN Registers of Wills, Dave Wilson and Cindy Green.
Candice Green Wilkinson is a lifelong Republican. She shares your Republican values. She will never raise your fees or taxes. Democrat Greg Fuller attempted to do this back in 2009! Candice has the knowledge, experience and leadership qualities necessary to continue the excellent Republican run record of the Register of Wills.
Don’t be fooled by wolves in sheep’s clothing! Fuller and Magee are Democrats trying to sneak in the back door of the Register of Wills! Please vote for the only real Republican, Candice Green Wilkinson on Tuesday, Sept 13th.
Polls are open from 7am until 8pm. If you are unsure where you should go to vote, please call the Dept. of Elections at 302-856-5367 or go to ivote.de.gov/VoterView.
Thank you for your consideration !
JUDSON Bennett-Coastal NetworkDear Friends,
I enjoyed hearing from all of you about Andre Bouchard’s abuse of power and blatant corruption, which lost him his once-powerful job running the Chancery Court.
Here’s your feedback about his paying former business partner Steven Lamb millions and THEN getting a job there, while not mentioning the TransPerfect case that fueled the payment, because he knows he was busted.
“How can this be allowed, Judson?! We want to hear more.”
-Franklin
“Bouchard played the court, but wound up getting canned. There was a measure of justice.”
-Tom
“From what I see on the website, he didn’t mention anything, Judson. It wasn’t written by him.”
-Susan
“The story link looks positive on Bouchard. I don’t understand the controversy.”
-Ralph
“This judge abused his power and deserves all the abuse you give him!”
-Bernard
“Glad you’re pointing this out. No one else is making this point.”
-Jerry
“What a mess our court is. To think it used to be the pride of Delaware.”
-Melvin
“The abuse of power needs to be checked. Keep checking the abuse.”
-Riley
Thank you for your feedback, folks. Keep them coming! Always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
I usually write about national events, however as a political pundit and as a person who has an interest in Sussex County where I was born and raised, I can’t resist writing about the interesting, unusual, and embarrassing situation that developed at the recent County Council meeting that happened this past Tuesday. I was able to listen to the meeting from the podcast provided by Dan Gaffney’s Delaware 105.9 FM radio show. Frankly folks, I have never heard anything like it since I have been involved in the political scene.
There is a legal statement throughout Delaware law that clearly emphasizes this premise: ” The Appearance of an Impropriety is as bad as the Impropriety itself”. That being said, here is what apparently happened. John Rieley who is a Councilman and also a farmer had several dump trucks of top soil delivered to his farm from a developer. The developer also provided heavy equipment which spread the top soil on Rieley’s fields. This is an expensive operation and easily was close to $10,000 dollars in value and cost Rieley nothing.
The problem here is that Rieley makes decisions on land use and development projects. Nobody would have known that this occurred if the dump trucks had not been spotted by a local citizen who reported the situation. The problem here is that when the time came to vote on a relevant development, Rieley’s vote could possibly be compromised? That folks is the “Appearance of an Impropriety” and should be avoided by elected officials.
Mark Schaeffer, another Councilman, brought up the issue at the Council meeting which he had every right to do. His complaint about the situation that occurred at Rieley’s farm was legitimate as it was the appearance of an impropriety. John Rieley, to his benefit, was articulate in his response and emphasized his honesty and willingness to recuse himself from any vote involving that developer. The rub here is that he should not have accepted the delivery and extensive spreading of the top soil in the first place, or at least attempted to clear the situation upfront before the Council, in advance of the gifted delivery and use of the developer’s heavy equipment.
Frankly, the person who was out of line was the President of the Council, Mike Vincent. He was caustic, rude, and embarrassing. He made the situation political, because he supports John Rieley in the upcoming primary on September 13th against the challenger, Keller Hopkins. He unjustly gaveled down Mark Schaeffer and presented one of the most embarrassing diatribes I have ever heard. He should not be the President of the Council.
Folks, I believe that Schaeffer was justified in bringing up the issue and Rieley shouldn’t have accepted the delivery without an upfront clearance. It is the appearance of impropriety. President of the Council, Mike Vincent was a disgrace and in my view shouldn’t hold public office.
That’s the way I see it, like it or not. Agree or not, please send your feedback, it is always welcome and appreciated.
Judson Bennett-Coastal NetworkOPINION
Dear Friends,
Just a very brief dissertation on how bad things are and how bad they are going to get, IF the congress is not changed over to Republican control in the November elections. Folks, there is absolutely no doubt in my mind that Joe Biden is the most hypocritical, nefarious, incompetent, and dishonest President in United States history.
Taking into consideration, the innumerable lies and evil deeds, propagated by Joe Biden—the slander of Curtis Dunn who collided in his truck with Biden’s first wife, killing her and her daughter, the stealing of a supporter’s wife (Jill Biden), the sexual assault allegation from Tara Reid, the influence peddling through son Hunter, and much more, should have disqualified him from ever being elected in the first place.
Unfortunately, this despicable human being, was elected and has destroyed our oil industry, opened our border to millions of illegals–creating a crisis that is beyond belief, totally mismanaged the Afghanistan situation–allowing 13 servicemen to be killed and giving the Taliban billions of dollars of military hardware, and denigrating our military to the point we have little respect from our allies–putting us at huge risk with China and Russia!
Now, to add to the grotesque situation, this monster is now going to create an economic fiasco that will increase the already difficult problems for working Americans. Folks, it all is just untenable. The ridiculous “Inflation Reduction Act” that has nothing to do with inflation will spend billions on the fallacious Green New Deal and hire 87 thousand IRS agents to investigate and harass regular citizens. When you add the $10K forgiveness for student loans, the taxes on middle class Americans will eventually escalate to the point that we can’t ever get ahead and we will be controlled and manipulated by a despotic government that will maintain power at all costs, weaponizing the FBI and the IRS to keep us in line.
Folks, what about those people who chose not to go to college or those that paid off their student loans? This is pure socialism that will destroy the American dream and will eventually morph into a veritable dictatorship; an Orwellian society, taking away any chance at achieving prosperity and removing many of your personal freedoms that our founding fathers created.
I cannot emphasize enough how important the November elections are. Indeed, If the necessary change is not accomplished, God help us all.
As always, your feedback is welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I’ve been writing about the Chancery Court news since Andre Bouchard caught my attention by what I saw as abuse of power. The bottom line, folks, is the blatant corruption ran deep when he ran the court and he was run out of the job.
Before he was unceremoniously dismissed, he paid his former business partner Steven Lamb $1.7 million and THEN he got a job there. See the Paul, Weiss website below about when Bouchard joined. You’ll see that Bouchard doesn’t even mention his biggest case: TransPerfect. Why? Because he knows he was busted.
This is why I continue to cover this court like a shark circling bloody waters. See the website below and decide for yourself. Send your feedback, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
October 18, 2021
Paul, Weiss, Rifkind, Wharton & Garrison LLP announced today that Andre G. Bouchard, former Chancellor of the Delaware Court of Chancery, will join the firm as a partner in the Litigation Department, resident in the Wilmington office. Mr. Bouchard will focus on special committee and investigative matters, corporate governance and compliance issues and litigation strategy.
“We are thrilled that Andy, who has had a profound impact on Delaware jurisprudence, including as Chancellor the past seven years, is joining our partnership,” said Paul, Weiss Chairman Brad S. Karp. “Andy’s unique perspective on Delaware law, his powerful intellect, and his long and successful career as a litigator, will offer extraordinary benefits to our clients.”
“Andy is an incredible jurist and many of his decisions as Chancellor have had national and international impact,” said Litigation Department Co-Chair Jessica S. Carey. “At a time when Paul, Weiss is already a go-to firm in Delaware for the most significant deal challenge and shareholder rights litigation, Andy adds unparalleled strategic firepower to our thriving Delaware and M&A litigation practices.”
“I am excited to join Paul, Weiss, which has one of the most successful and dynamic practices involving high stake issues of Delaware law,” Mr. Bouchard said. “I also greatly appreciate Paul, Weiss’s collegial, collaborative culture, and look forward to working closely with my new colleagues, many of whom I already know and admire professionally.”
Mr. Bouchard served as Chancellor of the Court of Chancery from May 2014 until his retirement in May 2021, adjudicating some of the highest-profile business matters, such as the merger dispute between Viacom, Inc. and CBS Corporation and the recent restructuring battle involving WeWork, among others. His decisions on the bench have had a profound impact on business law, including in In re: Trulia Inc. Stockholder Litigation (2016), which set tougher standards for disclosure-only stockholder settlements; in In re: HomeFed Corp. Stockholder Litigation (2020), which clarified the terms under which a deal involving controlling investors can qualify for business judgment deference; and in FdG Logistics LLC v. A&R Logistics Holdings Inc. et al. (2016), which built on the law surrounding disputes over anti-reliance clauses, among others. As Chancellor, Mr. Bouchard also oversaw an expansion of the court from five constitutional judicial officers to seven, enabling the court to better handle a growing caseload, and oversaw the court’s successful pivot to all-remote proceedings during the pandemic.
Prior to his appointment, Mr. Bouchard spent almost three decades in private practice, including 17 years as the managing partner of a corporate and commercial litigation boutique he founded alongside former Vice Chancellor and current Paul, Weiss of counsel Stephen P. Lamb, handling corporate law litigation, partnership and alternate entity disputes, and commercial litigation on behalf of both plaintiffs and defendants. Among others, he represented The Walt Disney Company in one of the Chancery Court’s most famous cases, a shareholder lawsuit in which the company successfully defended itself against claims by investors challenging a $140 million severance package paid to Michael Ovitz in 1997.
Mr. Bouchard earned his B.A., summa cum laude, from Boston College and his J.D. from Harvard Law School. By appointment of three Delaware governors, he served as chairman of the Delaware Human Relations Commission, as vice chair of the Delaware Health Information Network and as a member of the Governor’s Council on Equal Employment Opportunity, the Sentencing Accountability Commission and the Criminal Justice Council. He is also former chairman of the Judicial Nominating Commission. Mr. Bouchard is a fellow of the American College of Trial Lawyers and of the American College of Governance Counsel, and a member of The American Law Institute. He was recently named chair of the board of advisors of the John L. Weinberg Center for Corporate Governance at the University of Delaware.OPINION
Dear Friends,
See the Delaware Grapevine article by Celia Cohen below. Ironically called “The Curious Scales of Justice” from 2015. How telling this story turned out to be.
In my view, these are the two biggest courthouse criminals in Delaware history. And lo and behold they shared an office. Imagine Leo Strine and Andre Bouchard sharing an office and then think of all that was hatched in that office.
If legislators had heeded the warning in this article, Delaware may have been spared the TransPerfect government takeover fiasco, money heist, and the ensuing negative reputation—all of which is sure to be highlighted in the Twitter v. Musk case, coming to Delaware’s Court of Chancery in October.
Let me know your thoughts on this, folks. Your feedback is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal Network
Posted: Feb. 20, 2015
By Celia Cohen
Grapevine Political Writer
The judicial gods have struck again. It was only an illusion that Jack Markell had free will as the Democratic governor, when he named the leaders of Delaware’s three major courts.
In the course of the last year, Leo Strine Jr. took over as the chief justice, Andy Bouchard became the chancellor on the Court of Chancery, and Jan Jurden just had her investiture as the president judge of Superior Court.
Strine and Bouchard once worked in the Wilmington office of Skadden, a global giant of a law firm, as new lawyers, even sharing an office. Jurden is out of Young Conaway Stargett & Taylor, one of the most prominent of the state’s homegrown practices.
This should not come as a surprise. Skadden and Young Conaway are like the yin and yang of the state’s court system.
It is well-known the courts have to have a political balance of Democratic and Republican judges, because the state constitution says so.
Somehow there is also this weird rough parity of the scales of justice between Skadden and Young Conaway, maybe because the judicial gods say so?
“It’s just coincidence,” said Bill Chandler, who has been watching lawyers turn into judges for more than 30 years, as the current chair of the Judicial Nominating Commission and previously as a chancellor and also counsel to Pete du Pont, the Republican governor from 1977 to 1985.
That is as good a mortal explanation as there can be, but whatever, it exists for sure.
The choice for chief justice was said to come down to either Strine or Jurden to run the Supreme Court, which at the time included a couple of justices who have since retired — Carolyn Berger, who had been at Skadden, and Jack Jacobs, who was from Young Conaway.
The nomination for chancellor could have gone to either Bouchard with his Skadden roots or to Dave McBride with a corporate practice at Young Conaway.
When Jurden was up for president judge, a Superior Court colleague also known to be under consideration was Eric Davis, whose lawyering days were spent at — where else? — Skadden.
Not that the state judiciary is a wholly-owned duopoly. Naturally there are plenty of other firms whose former lawyers people the top three benches of the Supreme Court, the Court of Chancery and the Superior Court, where collectively 31 judges sit.
Not to mention there is a large contingent stocked from the public side. Judges have come out of places like the Attorney General’s Office, the Cabinet and the Office of Disciplinary Counsel.
Still, there is no getting around the prevalence of the Skadden and Young Conaway judicial connections, which also extend to Karen Valihura, who joined the Supreme Court directly from Skadden, and Scott Bradley, who came to the Superior Court from Young Conaway.
At Young Conaway, where there are about 100 lawyers, the call to the bench is viewed as part of the culture of the firm, going back to its founding in 1959 and the public-minded philosophy of its original partners like H. Albert “Hy” Young, a past attorney general.
“Public service is sort of the fabric of the firm,” said Bill Johnston, a senior partner who edited a history of Young Conaway.
Johnston cited the words of the late Bruce Stargatt, an original partner who once wrote: “We have been from our earliest days led by professionals . . . [who] took pleasure in participating in activities strengthening the courts and the bar. They felt they could not be good lawyers without being good members of the community.”
Whatever prompts the leap to the bench from Skadden, a gigantosaurus of a firm that grew from modest beginnings in New York City in 1948 to 23 offices around the world, it is elusive, because Ed Welch, who heads the Wilmington operation of 60 lawyers, did not make himself available to say.
Maybe it is a secret formula, like Coca-Cola.
The Skadden-Young Conaway axis even goes further into public life than the courts.
It has manifested itself in the governor’s office. Mike Barlow, the chief of staff, used to work at Skadden, and Drew Fennell, the deputy chief of staff, once practiced at Young Conaway.
At the most microcosmic, it even extends to a single public official. Matt Denn, the Democratic attorney general, went to Skadden out of Yale law school but switched to Young Conaway, where he made partner.
Nor should it be overlooked that Len Stark, the chief judge of the federal District Court here in Delaware, was once at Skadden.
Oh, and Chip Flowers, the Democratic ex-treasurer now in exile, came out of Skadden, too. Never mind, no law firm is perfect.OPINION
Dear friends,
The unprecedented raid on former President Donald Trump’s Mar-A-Lago home in Palm Beach, Florida, roughly about 3 miles from my condo, has literally rocked the nation. Locally, the situation is on everybody’s lips and the constant topic of conversation. Some of the people are joyful and others appalled.
Folks, this is an extremely frightening development, as it appears the FBI and the DOJ have been weaponized by AG Garland to attack Donald Trump–the political opponent of Joe Biden and very possibly the next Republican candidate for President of the United States in 2024. The authoritarian/ Orwellian agenda of the Socialist Democrat Party and President Joe Biden is to subjugate the American people into indefinite mediocrity and to control every aspect of our lives. This can only be enforced by a secret police organization and that apparently is what is happening with the FBI. If this can be done to a former President, it can be done to anybody!
When I combine the absurd, one sided January 6th hearings led by the Vice Chair, Liz Cheney, the hate filled Republican Congress Woman who neglected her state of Wyoming in her dedicated quest to prevent Trump from running for President again, with this Mar-A-Lago debacle, I clearly recognize the evil genius of the Democrats.
The only good thing is Cheney got her walking papers and was defeated in the Wyoming primary by 40 points. The major concern for me and those of us who constantly monitor this stuff is that the original, predicted red wave could now be in jeopardy? Everything is about TRUMP, TRUMP, TRUMP, and how bad he is, and I am concerned, the worst administration in US history, that has killed our economy by destroying our oil industry, increased inflation to dangerous levels, opened our borders to millions of illegals, and compromised and corrupted our military to deal with China, is going to be able to continue its destruction of America. The police state that will eventually come could become a reality if the Democrats are still in power after the November elections?
Right now, because of the Democrat’s evil genius and constant harassment of Trump which is seemingly supported by the press, the Republicans are now down by 4% from taking back the Congress. The American people don’t know what is really going on and have no clue how bad it could get if that happens! Folks we could lose our freedom and any chance of prosperity. That is the absolute bottom line!
The latest development is that the Federal Judge, who signed the original warrant, has ordered the affidavit, which explains the probable cause for the warrant to be able to raid Mar-A-Lago, be made public; however the DOJ may redact informative parts of the document to protect informants and certain sensitive aspects of the procedure. This may or may not be helpful to the Trump defense.
Regardless, the GOP leadership had better concentrate on providing the American people with the truth about the Democrat agenda and how bad things really are and how bad things are going to get, if indeed the Republicans do not prevail in November! The polls indicate that if the election were held today, the Democrats will maintain control of Congress.
Frankly, I wish Trump, as much as I loved his platform, would not run now, all things considered, and Governor DeSantis, America’s best Governor here in the great State of Florida, take the helm as our future leader. Then we Republicans can concentrate on messaging the need to win back the congress in November. I do my best to get out the message of this fervent need for change, with my limited sphere of influence through the more than 20,000 followers on the Coastal Network, but without your help, I am deeply concerned that this Socialist, authoritarian government will prevail and destroy our freedom.
Folks, as things stand today, we are in a true and present danger of losing our county to a nefarious Democrat agenda. God help us if that happens !
As always, your feedback is welcome and appreciated, so please let me know what you think.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOpinion
Dear Friends,
I give TransPerfect Chief Executive Philip Shawe a lot of credit for speaking out against Chancery Court corruption. It’s one thing for me, as an opinion columnist, to call out the court corruption I’ve seen since the Andre Bouchard years. It’s another thing for this man–who runs a billion-dollar-plus company–to speak out strongly against it.
Look below at this New York Daily News opinion piece, written by Shawe, about Chancery Court corruption. Please read it and send me your thoughts. Your feedback is always appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
https://www.nydailynews.com/opinion/ny-oped-the-obscure-delaware-court-that-will-settle-the-fight-between-twitter-an-20220814-b6wobvqfajgi7khfpl2dfbk4km-story.html
By Phil Shawe
New York Daily News
•
Aug 14, 2022 at 5:00 am
The richest person in the world, and one of the most recognized businesses on the planet, are squaring off in a legal battle for the ages.
Already one of the most-watched events in the world, the Elon Musk-Twitter lawsuit will send shockwaves throughout the technology and legal communities. And this clash of titans could very well be decided by an obscure and ethically compromised business court: The Delaware Court of Chancery.
Wielding jurisdiction over the majority of publicly traded companies and the Fortune 500, Delaware’s Chancery Court is without a doubt the most influential judiciary that most Americans have never heard of. But this bombshell case will finally provide the public a glimpse into what has traditionally been a star chamber tribunal, without a shred of transparency.
And while an opaque Chancery could compromise the results of this lawsuit, the American people deserve to see how the self-dealing philosophy of “you scratch my back, I’ll scratch yours” drives this court’s agenda.
Take it from me, because I learned the hard way.
My story started as a textbook American Dream business success. As a founder and CEO of TransPerfect, I led our global translation services company from two people in a college dorm room with a great idea and fiery drive to succeed into a billion-dollar industry leader with 7,000 employees worldwide. Yet in 2015 I watched helplessly as that dream became a nightmare when kangaroo court proceedings in the Delaware Chancery Court granted one of my partners a baseless exit strategy by public auction — the first time in U.S. history a court forced the sale of a profitable company, and it happened by order of the Chancery Court.
This was an unprecedented decision in American legal and business history, and it sent my company and our thousands of workers into a mass panic. And while I was ultimately able to prevail and reacquire the business I’d founded, the Chancery’s incredible damage was done. Lives were traumatized and upended for years with uncertain futures, while the case racked up a whopping $250 million in legal and custodian fees.
And that’s precisely the point of the Delaware Chancery — a lucrative money-maker for the state’s small, insular and powerful legal community. And it’s what awaits Musk, Twitter shareholders and anyone else who finds their case adjudicated by this haven of legalized corruption.
The fundamental issue with the Chancery Court is its failure to remain unbiased and free from its own external influences. The current chief chancellor, Kathleen McCormick — now overseeing the Twitter v. Musk case — has admitted that the members of the Delaware State Bar Association have “always had each other’s backs, we’ve always gone out for drinks after arguments.”
But this is par for the course. In a system where hometown relationships are everything, chancellors assign cases by hand, potentially to drive outcomes — not randomly assigned by wheelspin, as all federal courts do to eliminate any favoritism or appearance of impropriety.
The Chancery Court is a shining example of revolving door machinery at work. Chancellors are picked by the governor in a secret process, and then spend their time returning the political favors that won them the position — or angling for paydays when they leave the bench — as was the case when former Chancery Court Chancellor Leo Strine, currently serving as counsel to Twitter, Inc., left his post for a partner job at Wachtell Lipton.
Compounding the issue, Delaware judges are not subject to financial disclosure laws. There is nothing compelling them to disclose if they own Twitter stock, for example. No requirement to reveal if a judge started a business with one of the attorneys in a case before them — as was the case in my litigation, where the judge had been business partners with opposing counsel. Adding insult to injury, Delaware has no inspector general, so there is no independent oversight whatsoever on this nepotistic system.
The Chancery Court may have once been the bastion of fairness it markets itself as, but those days have given way to revolving-door favoritism. The interest of corporations, stockholders and employees mean nothing compared to the personal interests of judges and the lawyers who hold their future offer letters.
As this legal drama unfolds, with billions at stake and thousands of jobs on the line, Musk and Twitter shareholders should be warned that there is actually a third party in this case, the Chancery itself. Despite all the oaths and lofty platitudes, this hidden club has a higher loyalty to their cronies over the litigants or the people of Delaware.
Like me, Musk and Twitter will learn this the hard way. But perhaps this high-profile lawsuit will finally provide the scrutiny needed to reform this archaic and feudal system once and for all.
Shawe is founder and CEO of TransPerfect Global Inc.OPINION
Dear friends,
In an unprecedented act, never before happening in United States history, a former President’s home was raided by the FBI. President Donald Trump, while on personal business in New York City, learned from his son Eric that his famous Florida, Palm Beach home (Mar-A-Lago), was actually raided by 30 FBI agents, under the orders from United States Attorney General Garland, with approval of FBI Director Wray, and signed off on by a low-level Florida, Federal Magistrate named Bruce Rinehart who once defended convicted, Pedophile Epstein. The Search warrant was exceptionally broad, allowing the agents to literally take anything, anywhere in the home that had anything to do with Donald Trump’s entire Presidency.
Apparently, the unprecedented warrant was for the purpose of gleaning suspected, illegally possessed, highly classified documents that Trump was not supposed to have, which would, if proven, could be a violation of the Espionage Act?
However, the warrant was so clearly extensive in its scope, it allowed the search and seizure of everything. The agents spent over 12 hours ransacking the entire residence, including the bedrooms, the offices, the basement, and Melanie Trump’s closet, clothes and underwear drawer!
Trump’s lawyers were not allowed to observe the search and were forced to leave the buildings during the raid. The rub is that Trump and his staff had been working with the FBI and the Archives division in June. Everything was discussed and upfront. “Trump even offered to give the authorities anything they needed.” The Feds asked Trump to put an additional lock on the basement door where innumerable boxes were stored. Former Presidents have always kept documents and worked it out with the Archives division.
Nobody has seen the Affidavit which states the “probable cause” for the raid. Folks, nothing like this has ever happened before and it should not be happening now. The way this was done is absurd and beyond outrageous. Apparently, the extremely aggressive FBI agents took 20 boxes into their possession labeled with various levels of classification from top secret to personal. Trump claims that everything had been declassified by his direct orders. So folks, why was this unprecedented, obscene and tyrannical raid conducted??
Here is what I think: The Democrats and their leaders are so fearful of the possibility of the Republicans taking over the Congress in the 2022 November elections and Trump winning the Presidency in 2024, that they are on another, determined witch hunt to label him with a crime, so he can’t run and are hopeful this unethical tribulation will create so much controversy that the Democrats will maintain control of the government. I predict that, regardless of what the raid uncovers, even if nothing, Trump will be indicted and charged with a crime, just to hurt his credibility.
Folks, this entire, unethical operation is designed to deter, thwart, and cover up the horrible incompetence and tyranny of the Democrat Party and their ruthless henchmen who wish to control your lives and take away your freedom. If the Democrats and their weaponization of the FBI, the DOJ, and the IRS are allowed to get away with this and they can, with impunity, do this to a former President of the United States, imagine what they can and will do to you if you openly disagree with their policies? Be afraid, be terrified, because the constitution, the rule of law, and everything we Americans hold dear is now in jeopardy.
That’s the way I see it. Vote these monsters out in November or live in a hopeless world of mediocrity and poverty with a fanatical, ruthless, and authoritarian government determining your life and taking away your freedoms. God help us if we do not prevail.
As always your comments are welcome and appreciated.
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
As most of you know Twitter and Elon Musk are about to do battle in the Delaware Court of Chancery. I’ve seen this movie before. The Delaware legal mafia will make out like bandits, leaving shareholders and eventually workers to pick up the tab.
What I saw was Kevin Shannon’s lies and misconduct in the TransPerfect case—and now what do I see? McCormick has blessed some country club side deal to let Kevin Shannon quit Tesla, and take up arms against Musk?!? The same Kevin Shannon who travelled with Andre Bouchard to New Orleans in the TransPerfect case, and then magically won victories with no witnesses??!
LIke TransPerfect’s shareholders and employees, Twitter will get fleeced by Shannan and his other Bouchard confederate—Leo Strine.
“Uncertainty,” is what Strine and Shannon now complain is a bad thing for Twitter shareholders and employees—and it’s exactly what they argued was a good and necessary thing—when it suited them to destroy TransPerfect worker’s lives and fleece them.
Please send me your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
New York (CNN Business) Twitter’s battle with Elon Musk is weighing on its business.
The company on Friday reported revenue of $1.18 billion for the three months ending in June, a decline of 1% from the prior year. Twitter attributed the sales drop in part to “uncertainty” related to Musk’s pending acquisition, which he is currently fighting to get out of.
Twitter (TWTR) also said the shrinking sales were due in part to challenges with its advertising business caused by issues in the larger economy, potentially adding to concerns about an advertiser pullback in the social media industry. Snapchat’s parent company on Thursday reported slower than expected revenue growth, which it blamed in part on recession and inflation fears cutting into advertising budgets. Snap stock was down 31.5% in premarket trading Friday.
Investors appeared to have a more muted reaction to Twitter’s numbers. Shares of Twitter were down about 2% in pre-market trading Friday following the report.
While revenue declined, Twitter’s user base continued to grow. The company’s monetizable daily active users grew more than 16% on a yearly basis to 237.8 million during the quarter. However, Twitter posted a net loss of $270 million during the quarter, up from a profit of $66 million during the same quarter in the prior year.
The results come after a judge this week ruled that Twitter’s case against Musk would go to trial in October, an early win for the social media company, which had requested expedited proceedings. Musk earlier this month filed to terminate the $44 billion acquisition deal over accusations that Twitter breached the agreement by failing to turn over information related to the number of bot accounts on its platform. Twitter hit back with a lawsuit alleging that it was Musk who violated the deal and asking a court to force him to complete it.
Due to the pending acquisition by Musk, Twitter did not provide financial guidance for the upcoming quarter nor host an earnings call with Wall Street analysts. Prior to the dispute between Twitter and Musk, the acquisition had been expected to close before the end of this year.
Dear Friends,
As most of you know Twitter and Elon Musk are about to do battle on October 17 in the Delaware Court of Chancery. I’ve been reading every story I can find, as I follow the Chancery and keep you updated on this trial, blow-by-corrupt-blow.
I cringed for both Twitter and Musk when I saw the CNN story, posted below, saying that Musk’s association with Twitter hurts the company. My take is what everyone including CNN is missing: Just wait until the uncertainty of dealing with Chancery Court corruption hits Twitter! TransPerfect’s employees have been financially and emotionally hurt for years due to Andre Bouchard and Leo Strine’s Cronyism Court.
Like TransPerfect’s employees didn’t know how much money the Chancery court would cost them, Twitter employees have no idea what’s about to hit them once they are in the greedy grasp of Kathaleen McCorrupt McCormick’s court.
Please send me your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
Twitter says ‘uncertainty’ with Elon Musk is hurting its business
By Clare Duffy, CNN Business
Updated 1241 GMT (2041 HKT)
New York (CNN Business) Twitter’s battle with Elon Musk is weighing on its business.
The company on Friday reported revenue of $1.18 billion for the three months ending in June, a decline of 1% from the prior year. Twitter attributed the sales drop in part to “uncertainty” related to Musk’s pending acquisition, which he is currently fighting to get out of.
Twitter (TWTR) also said the shrinking sales were due in part to challenges with its advertising business caused by issues in the larger economy, potentially adding to concerns about an advertiser pullback in the social media industry. Snapchat’s parent company on Thursday reported slower than expected revenue growth, which it blamed in part on recession and inflation fears cutting into advertising budgets. Snap stock was down 31.5% in premarket trading Friday.
Investors appeared to have a more muted reaction to Twitter’s numbers. Shares of Twitter were down about 2% in pre-market trading Friday following the report.
While revenue declined, Twitter’s user base continued to grow. The company’s monetizable daily active users grew more than 16% on a yearly basis to 237.8 million during the quarter. However, Twitter posted a net loss of $270 million during the quarter, up from a profit of $66 million during the same quarter in the prior year.
The results come after a judge this week ruled that Twitter’s case against Musk would go to trial in October, an early win for the social media company, which had requested expedited proceedings. Musk earlier this month filed to terminate the $44 billion acquisition deal over accusations that Twitter breached the agreement by failing to turn over information related to the number of bot accounts on its platform. Twitter hit back with a lawsuit alleging that it was Musk who violated the deal and asking a court to force him to complete it.
Due to the pending acquisition by Musk, Twitter did not provide financial guidance for the upcoming quarter nor host an earnings call with Wall Street analysts. Prior to the dispute between Twitter and Musk, the acquisition had been expected to close before the end of this year.OPINION
Dear friends,
The United States Senate just passed the most Orwellian, authoritarian, tyrannical, and dangerous bill in American history. It authorized $790 billion dollars to be spent on the Green New Deal and the creation of 87,000 new IRS agents who will be weaponized to audit, harass, and intimidate small businesses and the working middle class, while it gives subsidies to the wealthy, so they can buy electric cars. This is a total Democrat initiative passed by one vote, 51 to 50 on total party lines, with VP Kamala Harris breaking the tie!
The name of the bill is completely fallacious as it does nothing to reduce inflation. It will increase inflation, raise your taxes, and destroy your freedom.
The payment of billions of dollars of our taxpayer dollars to invest in windmills and solar energy, while destroying our oil industry for sources of energy that are incomplete and only good for limited use, while Russia and especially China utilize oil at will is absurd. The real rub is that all these payments will go to China which controls the market on the creation of solar panels and also the cobalt industry used in the batteries for electric vehicles. Folks, this horrible bill puts our country at great risk, while the government intends to control your lives through tyrannical audits that will devastate your economic balance and destroy any chance you have at achieving prosperity.
Folks, this bill is an abomination designed by Joe Biden and his Democrat cronies, who intend to subjugate and control our lives through this despotic, socialistic outrage. Our only hope is to take back our county in the Midterm November elections by voting Republican.
Folks, if we do not prevail, then your lives will become a living hell and this great country will no longer be the land of freedom and opportunity. That is the way I see it. As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
The L.A. Times story below points to a shocking fact about the upcoming Elon Musk vs. Twitter trial. Not only are Twitter shares in jeopardy, but Tesla shares are too, because they are both incorporated in Delaware.
If Musk suffers an unfavorable judgment and has to pay up big, will the Delaware Chancery Court force the sale or auction of Tesla shares? That’s what the court did in the TransPerfect case. It forced the sale of a profitable, growing, prospering company. Will they do this again? Will this be allowed? Can the lawyers and judge force Musk to sell, so that he can be forced to buy? The story says Musk and his lawyers “will be under tremendous pressure to comply.”
“Delaware law allows (the court) to essentially take control of Musk’s assets — chiefly Tesla shares — and to satisfy the judgment by ‘selling them on the auction block.’ The court could appoint a receiver with the authority to sell the shares, if necessary,” according to the Times story. Sounds like the TransPerfect case all over again, folks.
When this trail begins on October 17, EVERYONE will find out about what I see as the crooked, cronyistic Good Old Boys and its leader, Kathaleen “McCorrupt” McCormick as she follows in the footsteps of ousted Andre Bouchard and Leo Strine. Well see if she flaunts and abuses her power, dealing with the biggest case in history!
Please send your feedback on this dramatic news, folks. It’s always welcome and appreciated.
Respectfully Yours,
JB-Coastal Network
BY MICHAEL HILTZIKBUSINESS COLUMNIST
JULY 15, 2022
6 AM PT
Most nonlawyers probably have no idea that the Delaware Chancery Court even exists. Thanks to Elon Musk and Twitter, it’s about to become world-famous.
The Delaware court is the principal forum for legal disputes involving public corporations in the U.S. That’s because most corporations take advantage of the state’s corporation-friendly laws and procedures by incorporating in Delaware, which gives the chancery court jurisdiction over a huge universe of business disputes.
If you’re a corporate lawyer, you better have the court’s procedures and precedents at your fingertips. if you’re anyone else, its rulings on contract law are snooze-inducing.
The sensible thing…would be for everybody to sit down and work out…some face-saving solution where Musk doesn’t end up owning Twitter, but Twitter gets to take a pretty good chunk out of Musk’s hide.
— UCLA law professor Stephen M. Bainbridge
That’s about to change because both Twitter and Tesla, the shares of which constitute the bulk of Musk’s wealth, are incorporated in Delaware.
You’ll be hearing a lot in coming weeks and months about Chancellor Kathaleen St. J. McCormick, in effect the court’s chief judge, who has assigned herself the Musk/Twitter dispute.
One is that Twitter is an unusually large company to be a party in a busted merger agreement. Another is Musk’s habit of thumbing his nose at governmental authority. As the nation’s principal arbiter of business law, the chancery court can’t afford to allow its orders to be flouted.
Before we go further into the court’s options, let’s examine the background of this legal maelstrom.
As we’ve reported, Musk signed an agreement in April to acquire Twitter at $54.20 per share, or $44 billion, and take the social media platform private.
After that, the stock market suffered a strong downturn that slashed the value of Tesla shares, some of which Musk had pledged to finance the deal. The value of Twitter also fell sharply, making his $54.20 offer look ridiculously excessive.
Musk started ginning up transparently bogus excuses to place the deal “on hold,” even though the merger agreement gave him no such option.
On July 8, Musk formally pulled out of the deal, asserting (without evidence) that Twitter had misled him about the state of its business.
Twitter promptly filed suit in Delaware Chancery Court, asking that it enforce a clause in the merger deal calling for “specific performance” — that is, that Musk be required to follow through on the deal’s original terms.
Many legal experts believe that Twitter has a strong case. “If the case goes all the way through trial and appeal, I think Twitter will prevail in the judicial system,” says Stephen M. Bainbridge, corporate law professor at UCLA.
Not only did the merger agreement identify specific performance as a remedy for a contract breach, but it also states that neither Musk nor Twitter can challenge the appropriateness of specific performance in court. In other words, even if Musk believes that being forced to buy Twitter would be inappropriate or unfair, he can’t bring that argument before the Chancery Court.
So what are the court’s options? Legal professionals say there are three.
One is to allow Musk out of the deal for $1 billion, a fee written into the merger agreement if either side withdraws for any of a limited set of reasons. None of those appear to be relevant to this merger.
In any case, given the damage that Musk has allegedly done to Twitter by his on-again-off-again dalliance with its purchase, $1 billion looks like a pitifully small assessment.
A second is for the court to find some grounds to issue a judgment somewhere between $1 billion and $44 billion. Given the difficulty of finding the proper number, however, that may not be a choice the Chancery Court wishes to make.
The third option is to order Musk to buy Twitter on “specific performance” grounds.
The Chancery Court has not been shy about issuing such orders on numerous occasions where the provision is explicitly contemplated in a merger agreement negotiated by sophisticated parties represented by sophisticated lawyers, as is the case here.
It’s true that the court has some flexibility about ordering a merger to go through when one party balks. In an oft-cited 2006 case, the court observed that “when balancing the equities ‘[we] must be convinced that specific enforcement of a validly formed contract would [not] cause even greater harm than it would prevent.’”
The court has never actually exercised that option, business law experts say.
It’s possible that this may be such a case. The court may need to consider “the appropriateness of requiring a merger against an unwilling buyer for a company this size and this kind of social footprint,” Ann Lipton, a business law expert at Tulane University, said during a panel discussion hosted by UC Berkeley’s law school on Wednesday.
On the other side of the argument is the Chancery Court’s interest in upholding its own reputation. Legal and business authorities have been debating online what might happen if Musk simply refuses to comply with a court order either to complete the acquisition of Twitter or pay a steep price to abandon the deal. It’s unlikely that the court would allow him to do so.
“The notion that Musk can somehow lose in Chancery Court and refuse to go forward strikes me as absurd,” Bainbridge says. “The hallmark of Delaware law is that they provide predictability and certainty…. If Delaware says ‘We’re going to make an Elon Musk exception,’ the damage to Delaware’s brand would be enormous.
Chancellor McCormick, moreover, is known as a tough judge. “She’s not somebody to be trifled with,” Bainbridge says. “She’s not somebody intimidated by wealth or power.”
If Musk is slapped with an unfavorable judgment — either an order that he complete the acquisition or pay significantly more than $1 billion in damages, he will be under tremendous pressure to comply.
Some of that pressure will come from his lawyers. “His professionals’ reputations will be on the line,” David Hoffman, a contract law expert at the University of Pennsylvania Carey Law School, told me. “The lawyers know that if they have a noncompliant client in Delaware, where they have to appear as litigators, there’s risk for them.”
Second, Delaware law allows it to essentially take control of Musk’s assets — chiefly Tesla shares — and to satisfy the judgment by “selling them on the auction block,” Hoffman says. The court could appoint a receiver with the authority to sell the shares, if necessary.
Then there’s the basic reality that Tesla, as a Delaware company, is subject to Delaware courts’ authority in myriad ways. “I don’t think as a practical matter you can be the head of a public company incorporated in Delaware and be constantly in contempt of the Delaware courts,” Lipton said in the Berkeley webcast.
The most likely outcome may be one in which the Chancery Court forces Musk and Twitter to the negotiating table.
“The best outcome for a court always is settlement,” Hoffman says. “I expect the chancellor to signal very aggressively, if she’s convinced that Musk breached his contract, that she’s intending to grant specific performance in hope or expectation that the parties settle.” The first hearing in the case, on Twitter’s motion to expedite proceedings, is scheduled for July 19.
Bainbridge agrees. “The sensible thing for everybody to do, if we were dealing with ordinary folks,” he says, “would be for everybody to sit down and work out a deal that either increases the break-up fee or is some face-saving solution where Musk doesn’t end up owning Twitter, but Twitter gets to take a pretty good chunk out of Musk’s hide.”
OPINION
Dear Friends,
In the Elon Musk vs. Twitter Chancery Court drama, the latest shocker is Kevin Shannon of Potter Anderson dropping an Elon Musk/Tesla case for a bigger payday with Twitter in the company’s case against Musk. Can who I see as a filthy lawyer turn on you? Only in the Corrupt Boy Club of the Delaware Bench and Bar. Truly outrageous!
Adding insult to injury, Kathaleen McCormick grabbed control of a Tesla case away from the new Vice Chancellor, in order to take it for herself. It appears the spotlight of the Twitter vs. Musk case isn’t enough for her.
Folks, the Chancery Court is a Kangaroo Romper Room!
Please read the latest Law360 story below on Musk vs. Twitter and share your thoughts. Your feedback is welcome and appreciated.
Respectfully Yours,
Judson Bennett-Coastal Network
By Rose Krebs
Law360 (August 4, 2022, 4:27 PM EDT) — Potter Anderson & Corroon LLP, which is representing Twitter in its blockbuster Delaware Chancery Court battle with Tesla CEO Elon Musk, has dropped out as counsel for the electric car company in yet another high-profile case.
Chancellor Kathaleen St. J. McCormick approved an order Thursday for Bayard PA to replace Potter Anderson as Tesla’s counsel in a shareholder derivative suit over the company’s allegedly unfair and excessive board compensation practices.
Last week, Ashby & Geddes PA was substituted as counsel for nominal defendant Tesla in two other cases in which Potter Anderson had represented the company: one that is on appeal with the Delaware Supreme Court over the company’s purchase of SolarCity, and another over Musk’s multibillion-dollar compensation package that is slated for a Chancery Court trial in the fall.
Potter Anderson is on a counsel team representing Twitter in a Chancery Court suit it filed last month seeking to force Musk to close on a $44 billion take-private deal.
Per Thursday’s order, a Bayard team will now represent nominal defendant Tesla in the board compensation case, replacing a Potter Anderson team that had included Kevin R. Shannon, who serves on Twitter’s counsel team in its suit against Musk.
In its suit, filed in 2020, The Police and Fire Retirement System of the City of Detroit accused Musk and former and current Tesla directors of lining up director pay and stock option benefits valued at an average $8.7 million in 2018 alone — more than 29 times higher than the average for S&P 500 index company boards.
The pension fund seeks damages and disgorgement of what it contends were years of “outrageous” board stock awards that cost the company hundreds of millions of dollars. Also, it asks for reforms to board equity compensation policies.
In a September 2020 filing, Musk and the directors called the suit’s claims, which allege breaches of fiduciary duty and unjust enrichment, “cynical and opportunistic.”
They argued that the electric car company’s director compensation plan was fair and created strong incentives for company growth. Company revenues have increased from $413.3 million in 2014 to $24.6 billion in 2019, the filing said.
The pension fund plaintiff “is no victim here,” they asserted. “It is the beneficiary of Tesla’s extraordinary success, enabled by the innovative and fully disclosed compensation policies” that are attacked in the complaint despite having “enriched” the investors.
Tesla’s board argued that the company had opted for large stock awards in order to “align the incentives of its executives and directors with the company’s own objectives.” The practice put much of the compensation of board members at risk, with years passing before directors began seeing returns, the filing said.
Also, none of the allegations in the complaint, they argued, are outside liability-shielding exculpations for the board in the company’s charter or ordinary court deference to business judgment. Stockholder approval of the challenged compensation policies also bars the claims, as does the fairness of the policies, the filing argued.
Chancellor McCormick recently took over the case as it was previously assigned to Vice Chancellor Joseph R. Slights III, who retired from the court’s bench earlier this year. The litigation had been slated to be adjudicated by his successor, but the chancellor notified counsel in a letter on July 29 that she was reassigning the case from newly sworn-in Vice Chancellor Nathan Cook to herself “effective immediately.”
Counsel for the pension fund declined to comment Thursday.
Counsel for the other parties didn’t immediately respond Thursday to a request for comment.
The Police and Fire Retirement System of the City of Detroit is represented by Andrew S. Dupre and Sarah E. Delia of McCarter & English LLP, William J. Fields, Christopher J. Kupka and Samir Shukurov of Fields Kupka & Shukurov LLP, and Javier Bleichmar and Nancy A. Kulesa of Bleichmar Fonti & Auld LLP.
Musk and the other directors are represented by Raymond J. DiCamillo and Kevin M. Gallagher of Richards Layton & Finger PA, and Evan Chesler, Vanessa A. Lavely and Jackie L. Carleton of Cravath Swaine & Moore LLP.
Tesla Inc. is represented by Jason C. Jowers, Brett M. McCartney and Sarah T. Andrade of Bayard PA.
The case is The Police and Fire Retirement System of the City of Detroit v. Musk, et al., case number 2020-0477, in the Court of Chancery of the State of Delaware.
–Additional reporting by Jeff Montgomery. Editing by Ellen Johnson.
For a reprint of this article, please contact [email protected]
Dear Friends,
As a former Republican leader and activist in Sussex County, Delaware in many different capacities, I recognize that primaries can be divisive and disconcerting. I also know hypocrisy and official improper actions when I see it. In Sussex County, the primary contest for the Register of Wills Office has become outrageous because of the absolute lies and hypocrisy published by the leadership of the Sussex GOP. Apparently, a mailer from a long-term, independent, Republican Committee called the “35th Representative District Conservative Committee”, pointing out that one of the candidates, Greg Fuller, who happens to be an African American, was a life-long, democrat, was sent out to Sussex County Republican voters.
That statement is absolutely true and indeed Greg Fuller did spend his life working against the Delaware GOP as a Democrat. Regardless of the fact that I support, Candice Green, the daughter of the former Register of Wills, Cindy Green, I believe that the flip flopping by Greg Fuller was done because he clearly knew he could not win as a Democrat, and therefore switched parties. I also believe it is important to bring out that fact to all the Republican voters.
Below are two publications, first a letter signed by the Chair (Marilyn Booker) and the Vice Chair (Lewis Briggs who is Greg Fuller’s campaign manager). Second is the actual postcard from the 35th Committee which has a picture of Greg Fuller.
The Chair and Vice Chair have falsely accused the 35th District Committee of Racism and clearly are hypocritical by saying the official Sussex GOP Executive Committee can’t support an individual candidate, yet the letter they sent out clearly and indirectly supports Greg Fuller. The additional rub is that the Vice Chair is Greg Fuller’s campaign manager. I have put these false and hypocritical statements in red below for your observation. Below the wrongful and untruthful letter from the Sussex GOP is the postcard from the 35th district rightfully pointing out Greg Fuller’s life- long loyalty to the Democrat Party and indeed a legitimate issue. There is absolutely nothing that is racist or untruthful in the 35’s publication, but the letter from the Sussex GOP is in my educated opinion, terribly prejudiced, hypocritical, untruthful, and a cloaked endorsement of Greg Fuller, a true Democrat who is pretending to be a Republican.
Folks, please carefully read both publications below and you decide what is real, fair, and proper. As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
SUSSEX GOP LETTER which is false and hypocritical:
Good afternoon, fellow Republicans,
It appears that a group calling themselves the “35th Representative District Conservative Committee” has sent a mailer to Republicans in Sussex County. There are a couple of things to which I want to alert you:
· Please DO NOT confuse this group with the Sussex County Republican Committee (SCRC) or with the 35th Representative District Republican Committee – the only group sanctioned by the SCRC.
· The Sussex County Republican Committee’s rules prohibit the Committee from supporting a particular candidate in which there is a primary for a local election. We must remain neutral and we have done this. (HYPOCRISY ?)
However, we DO NOT support or agree with these types of dirty political games.
· The target of this “hit piece” was at one time a registered Democrat – just like Ronald Reagan was.
· This is a three-way primary and two of the candidates were at one time registered Democrats. They have seen the “darkness” in the Democrat Party and support the values of our party no matter what this group says.
· Leaving the Democrat Party is a very bold and courageous action and should be applauded and not denigrated.
· The party is working hard to attract minority voters because we believe in inclusiveness and that who you are and what you believe is more important than what you are. The candidate who is the object of this hateful mailer is African-American.
· This type of rhetoric is unhelpful and racist. We will not tolerate it. (Absolutely False ?)
Please learn as much as you can about all the candidates for this and each of the seats in which there is a primary. Beware of this type of thuggish behavior. These types of activities do not have a place in our Party’s election process nor do they serve the citizens of Sussex County well.
Marilyn Booker, Chair
Lewis Briggs,II, Vice-Chair
Sussex County Republican Executive Committee
Sussex County Republican Committee
OPINION
Ron DeSantis, the BEST Governor in the United States!
Dear friends,
Having left Delaware seven years ago, after my wife died of breast cancer, to move to Palm Beach, Florida and being an experienced political operator and pundit, it is extremely easy for me to recognize true leadership that includes the use of solid logic, efficiency, fairness, and dedication to the people who are being served.
Folks, besides not having a state income tax, having great weather year round, enjoying innumerable palm trees, beautiful beaches, fabulous fishing, and much more, the great state of Florida, I can tell you, without reservation, is being operated the way it should be by our Governor Ron DeSantis.
DeSantis, a Navy veteran, graduate of Harvard, a former Congressman, and now the Governor of the great state of Florida has exercised superior control over the state’s operation with an emphasis on promoting freedom to conduct business (regardless of the Covid pandemic), not requiring unhealthy masks for our school children, outlawing the teaching of critical race theory and the teaching of sexual orientation (the LBTG and transgender absurdity) to kids under the age of 9, thus leaving that up to the parents. People are flocking to Florida, especially from California and New York, in the hopes of enjoying the freedom that Florida offers.
Disney executives in their Orlando, Florida, Disney World operation, made the huge mistake of openly criticizing the legislation involving Florida school policies, while attempting to move Disney into a “Woke”, left-wing agenda that dangerous radicals in several states are promoting. Disney for years has been allowed to operate its own government in Florida, with special consideration in many areas, including no property taxes. Governor DeSantis, through his inspired legislation, has now removed Disney from its special privileges and Disney must now operate like everyone else. The arrogance and audacity by Disney World operators has come home to roost, and DeSantis has ended their former situation for good and rightfully so.
Interestingly Gavin Newsom, the idiotic Governor of California, where crime, homelessness, huge taxes, and despotism reign, has had the audacity to publish TV ads criticizing Florida and DeSantis. DeSantis, unlike California’s incompetent Governor, promotes family values, is tough on crime (cash bail required in Florida), is for border security, and is the complete, polar opposite of the insipid leadership promoted by so many Democrat Mayors and Governors throughout the United States. People are leaving California in droves and coming to Florida to enjoy the freedom that DeSantis offers, and the worst Governor in America, Gavin Newsom, doesn’t like it.
Folks, I could write a book about how great Governor Ron DeSantis is because of the superb job he has done in Florida. I predict he will be President of the United States some day, if not in 2024, especially with Trump’s controversial situation developing.
That’s the way I see it. The world has gone crazy and the United States is being severely damaged by President Joe Biden and the Democrats. Governor Ron DeSantis, like the state he leads, offers us hope and sunshine.
As always, your feedback is welcome and appreciated.
Best regards,
JUDSON Bennett-Coastal NetworkDear Friends,
After years of coverage, Bouchard’s BFF and man I view as Delaware’s filthiest attorney and his employer—Kevin Shannon and Potter Anderson—are about to cash in, in the Twitter vs. Elon Musk case. Shannon’s relationship with the Chancellor greased the TransPerfect case into a 7-year $250 million of orchestrated corruption in Delaware’s Court of Chancery. Twitter shareholders and employees have no idea what’s about to be unleashed in terms of fees.
To make matters completely bonkers, Kevin “able to win cases with no witnesses” Shannon has teamed with his old pal, disgraced ex-Chancellor Leo Strine, who resigned mid-term amidst corruption allegations.
Shareholders and employees are sure to get fleeced, as the Good Old Boy Network starts dancing its Delaware two-step.
Both Shannon and Strine have been hired by Twitter, because they’re not stupid, folks. They fully agree with what I have been saying all along: To win in Delaware, where the “fix is in” you need to hire fixers. When I close my eyes and imagine this case, I see a business murders row I’ve studied for years with Shannon, Strine, Skadden, and now Andre Bouchard’s replacement, Chancellor Kathaleen “McCorrupt” McCormick.
How long will Delaware’s elected officials allow Shannon and Strine to profit from cronyism?
I would love to hear your feedback on this! It’s always welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINIONWomen’s Sports in Trouble Thanks to Democrats??
Dear Friends,
For many years women have fought extremely hard to get equal scholarships (same as men) in our Universities for Track and Field, Swimming, Basketball, and innumerable other sports. They have worked hard to get equal pay in professional sports as well. Women have their own, unique sports.
It is a scientific fact that men are stronger than women physically. A man who desires to be a woman, through modern science, can develop breasts, grow long hair, and for all intents and purposes look like a woman. These transsexual people who wish to be women have every right to do so. However, they are not biological women. They are still men, who are stronger and faster, because of their God-created gender.
It is acutely unfair for a biological man, regardless of his sexual change desires, to participate in female sports–yet it is happening and being permitted because of President Joe Biden and the Progressive Democrats. Outrageous? Absurd? Acutely unfair? It must be stopped or Female sports will be dominated by transmales who wish to be women, thus compromising all female sports.
Recently, at the University of Pennsylvania, a Transgender male who is 6′- 4″ has dominated female swimming, crushing competing real females. Even Transmale Caitlyn Jenner (former Bruce Jenner), one of the world’s greatest male athletes, recognizes the unfairness of this situation and has called for its prohibition.
Folks, this horrible situation has been caused, promoted, and effected because of the Democrat Party. It is part of their POLICY! How would you feel if you had a daughter who was a great athlete, who could win, but never does because she always loses to a biological male?
Frankly, I can’t understand how any woman could vote for a Democrat in any venue, because of this! Women’s sports are about to be destroyed by the Democrat party and their absurd liberal ideas. Folks, I implore you to vote these Democrats out of office. The preservation of viable, female sports is a legitimate reason, among many, to vote for Republicans in November.
As always, your feedback is welcome and appreciated. Let me know what you think.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I wish I was wrong, but I told everyone that Bouchard’s, Strine’s and now McCormick’s corruption would eventually catch up with Delaware. And now, folks, it has! Read and weep about our Chancery Court’s tarnished image. It’s a sad reality that our once proud court is now so deeply stained.
Please send your feedback on this! It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
The judge won’t really be bound by the law, either.
That’s because Twitter brought its lawsuit against the Tesla billionaire in the Delaware Court of Chancery, where some of the world’s biggest businesses often battle out their disputes in obscurity.
Insiders say the so-called equity court, a relic of the British legal system, is an insular judicial body where the judges are often friendly with the lawyers they hand down wins to — and where money and jobs are traded without much second-thought.
“Cases in the Delaware Chancery are really heavily based on your attorney’s relationship with the given chancellor that’s handling your case,” said Phil Shawe, CEO and co-founder of translation company TransPerfect, who has had matters heard before the court.
“The people you’re arguing with in court, you’re also having dinner parties with,” Shawe said, describing a “collegial” environment unfriendly to outsiders.
Even Hunter Biden helps make the case for the Chancery’s apparent cronyism. In 2018, the president’s beleaguered and scandal-prone son was upset that his business dealings with Chinese energy company CEFC were going awry — so he threatened to sue.
“I will bring suit in the Chancery Court in Delaware — which as you know is my home state and I am privileged to have worked with and know every judge in the chancery court,” he wrote in a March 14, 2018 email found on his abandoned laptop first revealed by The Post.
Shawe said Biden’s message “sums up” the court’s reputation.
“He says, ‘If you cross me, I’ll take you to Chancery Court and I know everybody and therefore they’re gonna rule how I tell them,’” Shawe told The Post. “It’s a good microcosm of how this place works.”
A different set of rules
It’s not surprising that Twitter, which is incorporated in Delaware, brought its case to the Chancery.
There, cases are tried by appointed judges who are experts in business law and are supposed to find a “fair” verdict — one that can go far beyond the scope of the law.
Monetary damages are usually sought in cases like Twitter’s, but the social media giant filed suit in the Chancery court specifically because it wants to force Musk to go through with the deal he reneged on — buying the company for $44 billion.
Chancellor Kathaleen McCormick said during a Tuesday hearing that Musk and Twitter will have an expedited five-day trial in October.
The chancellor decides which of the six vice chancellors will preside over what case. She can also assign herself any case she wants.
In other state courts including in New York, judges are assigned cases at random to avoid possible favoritism.
Insiders alleged to The Post that the Chancery, meanwhile, appears to run on favoritism.
“The chancellor can pick and choose,” said Jeremy Eicher, a lawyer who has represented Shawe and has more than a decade of experience with the chancery.
“In recent years, more chancellors and vice chancellors and going directly into the firms that appear before the courts most often, which creates an appearance of a potential conflict of interest,” Eicher said.
“It is not uncommon for the vice chancellors to leave and then be employed by firms that they’ve awarded large numbers of remedies and damages towards.”
Chancellors, if they so please, can assign former colleagues custodianships that give them millions of dollars in work, Eicher noted.
Verdicts elsewhere are usually decided by “testimony, witnesses, facts, merits, or the things that normally drive cases,” said Shawe, whose New York City-based company is the world’s largest private provider of translation services.
Shawe, who sarcastically says he “probably had the honor” of being the most experienced litigant in the Chancery, noted that Twitter and Musk intentionally beefed up their teams with lawyers who have connections to the court.
Cozy counsel
The Musk-Twitter spat has brought the shadowy court into the spotlight, and insiders say it’s not pleasant to look at.
The legal teams that Musk and Twitter have respectively chosen appear to bolster this claim, according to people with knowledge of the court.
The two sides “have sought out lawyers with deep connections to the Court of Chancery” to duke out the case, said Eicher.
In its attempt to force Musk into the $44 billion deal, Twitter hired the heavyweight New York City law firm Wachtell, Lipton, Rosen & Katz LLP, which has close ties to the court.
A partner there, Leo Strine, is a former Chancery judge who served as a vice chancellor and then the chancellor over a period of 15 years. Another partner, Bill Savitt, who will be litigating the case, is a seasoned and well connected attorney who has successfully argued several matters before the Chancery.
Twitter also retained Chancery stalwart Brad Sorrels, of the California-based Wilson Sonsini Goodrich & Rosati, where a current vice chancellor once worked.
Musk, meanwhile, has lawyered up with firm Skadden, Arps, Slate, Meagher & Flom LLP, which is also known to have close ties to the court, sources say.
Skadden, which is headquartered in NYC, has “outsized representation on the court,” Eicher claimed.
“They must believe on some level that gives them an advantage,” he said.
‘Blatant judicial activism’
Delaware State Senator Colin Bonini said there is a “legitimate criticism that the court is very insular” and “not super transparent.”
Delaware is a small state with a small bar, and the lawyers there frequent the same country clubs, insiders noted.
Bonini, a Republican, said he’s seen examples of “blatant judicial activism,” where chancellors and outside actors have a “political agenda” they want to achieve that can’t be passed in the state legislature.
For instance, a chancellor recently decided to require property reassessments for homeowners and businesses in an effort to raise tax money for education, he said.
“The consequences of that are going to be massive property tax increases. If the chancellor believes we need more money for education, then he should’ve run for the State Assembly or State Senate,” Bonini said.
Local activist Keandra McDole, meanwhile, claims Delaware Attorney General Kathy Jennings filed suit against her in the Chancery believing she’d have the best chance to win there.
McDole had been protesting outside Department of Justice employees’ homes after two Delaware police officers who killed a black man were cleared of wrongdoing in early 2021. Jennings took her to the Chancery to try to limit her ability to protest.
“I was terrified because I noticed immediately… the Chancery has their own rules,” McDole said. With the help of the ACLU, McDole won her case.
“I feel as though we were sent to the Chancery Court because the attorney general and deputy attorney general thought they would have their way there,” she told The Post. “Nobody in the Chancery Court really pays attention to police shootings and what goes on in the inner city.”
The court, McDole noted, currently only has white chancellors in a state that is 24% black and 10% Latino.
“It is there that a Court with seven justices has not one person of color on the bench, and has only had one Black justice in the entirety of its 230-year history,” the Rev. Al Sharpton said in a statement, calling the Chancery “archaic.”
“Justices operate in secret, with no cameras or microphones in the courtroom, few – if any – public financial disclosures by justices, and with barely a modicum of transparency in how the Court operates,” he said.
The Chancery Court, the Delaware Attorney General, Wachtell and Skadden all did not respond to requests for comment.OPINIONState of the Union–Biden Meltdown?
Dear Friends,
I write this brief missive with great anxiety, concern, and consternation. Folks, it is bad enough that President Joe Biden destroyed our oil industry, taking us from being totally energy independent, being the number one oil exporter in the world, to being dependent on foreign oil controlled by despicable tyrants like the Saudi Crown Prince, but his recent actions are over the top! Biden’s recent trip to Saudi Arabia to beg for Saudi oil was grotesque, outrageous, and despicable.
Because gasoline dropped a few pennies, he actually bragged about what a good job he is doing, when he clearly created the energy crisis we are now suffering because of his ridiculous policies. He is also selling our oil reserves to Communist China. This precious commodity is for specific, internal, US emergencies, not to be sold to foreign entities, especially to China and to a company that Hunter Biden still has an interest in? That should concern all Americans, because it appears that our national security could be compromised by Biden’s possible influence peddling with the help of his nefarious son, apparently drug addicted, but truly a slick operator!
I have become friendly with Miranda Divine, famous New York Post reporter. She receives my emails and we occasionally speak on the phone about the alleged “Biden Crime Family,” the “Delaware Way,” and the empaneled federal grand Jury in Wilmington, Delaware that is investigating Hunter Biden’s possible crimes. Miranda recently wrote a bestseller titled, “The Laptop From Hell”, all about Hunter’s suspicious activities which from the evidence indicates, Joe Biden, the President of the United States was directly and indirectly involved in “Influence Peddling,” which might have not only compromised many aspects of our national safety, but also our economy. The information on the Laptop, which Hunter apparently left in a Wilmington repair shop is beyond incriminating, indicating quite a few possible crimes. “TEN Percent to the BIG GUY” (Joe Biden)???
The book is great, very enlightening, and I highly recommend it. Folks, can you imagine how dangerous, how risky, and how ill conceived, the possible scenario of having a President calling the shots, who has not only sold out to Russia, but also Communist China?? Is this Treason???
As always, I want to hear what you think. I appreciate your opinions and look forward to your feedback.
Sincerely Yours,
JUDSON Bennett-Coastal Network
Disclaimer: This article represents the opinions of the writer based on his constant and extensive political research.Chancellor Kathleen McCormick to Elite Lawyers, “We’ve always had each other’s backs”For a Judge Outside of Delaware Chancery, this Quote Probably Lands in the Slammer, but McCorrupt Says it to Reuters!!!OPINION
Dear Friends,
Direct quote from Reuters article below…
“We’ve always had each other’s backs, we’ve always gone out for drinks after arguments and maintained this level of civility,” she told a gathering at the University of Delaware this year.
Not since Hunter Biden emails unveiled by the @nypost showed that his influence allowed him to in essense control verdicts in Chancery with his influence, have I seen such a startling confession. The Judge in the huge upcoming Twitter vs. Elon Musk case had the nerve to say, “We’ve always had each other’s backs,” about the very attorneys profiting from the case, the Jennifer Voss’s, the Kevin Shannon’s, the Leo Strine’s of the world who in my view, plainly profit from their illicit influence.
Imagine in any other state other than Delaware, if a judge had said something like this?! That judge would go to jail! Instead, we’re giving her the biggest case in history!
It’s awful and criminal that in Delaware, these elite few run roughshod over the justice system–making so blatantly that their cronyism is not only permitted, but brazenly flaunted by the Chief Chancellor.
“We’ve always had each other’s backs, we’ve always gone out for drinks after arguments and maintained this level of civility,” she told a gathering at the University of Delaware this year, according to the Reuters story below.
I’m outraged by this Good Old Boy cronyism and doubly angry that she says it to STUDENTS, as if this is widely accepted behavior by a judge–it’s DISGUSTING. Please write to your elected leaders and tell them not to spend our tax dollars on McCorrupt and her confederates.
Chancellor McCormick has made my jaw drop, and that’s hard to do. Am I overreacting? Your thoughts are always welcome.
Respectfully Yours,
JUDSON Bennett-Coastal Network
By Tom Hals and Hyunjoo Jin
July 15 (Reuters) – The judge overseeing Twitter Inc’s (TWTR.N) $44 billion lawsuit against Elon Musk has a no-nonsense reputation as well as the distinction of being one of the few jurists who has ever ordered a reluctant buyer to close a U.S. corporate merger.
Kathaleen McCormick took over the role of chancellor or chief judge of the Court of Chancery last year, the first woman in that role. On Wednesday, she was assigned the Twitter lawsuit which seeks to force Musk to complete his deal for the social media platform, which promises to be one of the biggest legal showdowns in years.
“She already has a track record of not putting up with some of the worst behavior that we see in these areas when people want to get out of deals,” said Adam Badawi, a law professor who specializes in corporate governance at the University of California Berkeley. “She is a serious, no-nonsense judge.”
In contrast to Musk’s brash and volatile behavior, she is known as soft-spoken, approachable and amiable — but a person who also stands her ground. She advocates respect among litigants and integrity at legal conferences.
“We’ve always had each other’s backs, we’ve always gone out for drinks after arguments and maintained this level of civility,” she told a gathering at the University of Delaware this year.
After weeks of confrontational tweets suggesting Twitter was hiding the true number of fake accounts, Musk said on July 8 he was terminating the $54.20-per-Twitter share acquisition, worth $44 billion. On Tuesday, the social media platform sued.
McCormick on Friday scheduled the first hearing for July 19 in Wilmington, when she will consider Twitter’s request to expedite the case and conduct a four-day trial in September.
Shares of Twitter were up about 2% to $37.11 in midday trading on Friday, but still more than 30% below the deal price.
Judges have ordered reluctant buyers to close corporate acquisitions only a handful of times, according to legal experts and court records. One of those was McCormick.
Last year, McCormick got the attention of Wall Street dealmakers by ordering an affiliate of private equity firm Kohlberg & Co LLC to close its $550 million purchase of DecoPac Holding Inc, which makes cake decorating products.
She described her ruling as “chalking up a victory for deal certainty” and rejected Kohlberg’s arguments that it could walk away because of a lack of financing.
The case has many parallels to the Twitter deal. Like Musk, Kohlberg said it was walking away because DecoPac violated the merger agreement. Like Musk, Kohlberg argued in part that DecoPac failed to maintain ordinary operations.
There are also differences. Musk’s deal is magnitudes bigger, involves a publicly traded target company in Twitter and might have implications for Tesla Inc , the electric vehicle maker that is the source of much of Musk’s fortune.
Tesla shares were trading up slightly on Friday at $718.04, down from around $1,000 when the Twitter deal was announced.
In other cases, she has come down on the side of shareholders when they clashed with management.
Last year, she prevented energy company The Williams Cos Inc from adopting a so-called poison pill anti-takeover measure, saying it breached their fiduciary duty to shareholders.
Last month, she said shareholders of Carvana Co (CVNA.N) could sue the board for a direct offering of stock to select investors when the share price was depressed during the early pandemic.
A graduate of Notre Dame Law School, McCormick started her career with the Delaware branch of the Legal Aid Society, which helps low-income people navigate the court system.
She went into private practice “mainly for financial reasons,” she told the Delaware Senate during her confirmation hearing, joining Young Conaway Stargatt & Taylor, one of the state’s main firms for business litigation.
She joined the Court of Chancery in 2018 as a vice chancellor and became the first woman to lead the Court of Chancery last year.
Despite her mild manner, Eric Talley, who specializes in corporate law at Columbia Law School, said he doubts McCormick would be cowed by Musk.
“I would not be placing my bets on Chancellor McCormick suddenly becoming weak-kneed,” he said.
Delaware Chancery Court’s Corrupt Vultures are Circling
Dear Friends,
When I heard about Elon Musk backing out of his proposed $44 billion purchase and Twitter taking him to court in Delaware, I choked on my eggs! “The Twitter Board… plans to pursue legal action to enforce the merger agreement,” according to the MarketWatch story below. Here’s the kicker: “We are confident we will prevail in the Delaware Court of Chancery.” Hah!
Because an elite and corrupt cadre of Delaware judges and attorneys use the Chancery Court to enrich themselves, no one should be confident of anything! Today’s Chancery is a joke–it’s capricious, arbitrary, and a completely unpredictable Romper Room–but you cannot know about it because there are no cameras and no recordings.
Regardless of the headlines, my prediction is that Twitter shareholders will not prevail–and Musk will not prevail either. You know who will prevail?? The disgraced wanna-be leftist politician Leo Strine, and in my opinion–the filthiest attorney ever to pass the Delaware Bar, Kevin Shannon of Potter Anderson, and their Clubby little network will prevail, at the expense of the litigants and the taxpayers.
Ever since Chancery became the Strine and Bouchard clown car, the court has been brazen with its corruption. It continues under Kathaleen “McCorrupt” McCormick who is still paying off Skadden Arps every month for its no-show TransPerfect “work.” In my view, this den of co-conspirators must be stopped if our Chancery Court has a prayer of restoring its reputation.
The Good Old Boys are salivating at the thought of getting a piece of this $44 billion action for themselves! Unfortunately, in Delaware, crime and cronyism still pay. I have been beating the reform drum for years, and now, the world will see why.
As always, your feedback is welcome and appreciated.
Forever Delaware,
JUDSON Bennett–Coastal NetworkElon Musk terminates deal to buy Twitter, and Twitter’s chairman promises a legal fight
Last Updated: July 14, 2022 at 6:05 a.m. ET
By Jeremy C. Owens
Tesla chief executive sends letter announcing the abandonment of his agreement to buy company for more than $40 billion, which will likely lead to a courtroom battle
Elon Musk is backing out of his agreement to buy Twitter Inc., and Twitter’s chairman has already promised a legal fight.
In a letter sent to Twitter’s TWTR, -7.20% chief legal officer on Friday, the Tesla Inc. TSLA, -3.35% and SpaceX chief executive claimed that he was ending the agreement because Twitter would not share requested information with him, and the information that was shared, he contended, had confirmed his belief that there were more bots on the service than Twitter claims in its securities filings.
“Mr. Musk is terminating the Merger Agreement because Twitter is in material breach of multiple provisions of that Agreement, appears to have made false and misleading representations upon which Mr. Musk relied when entering into the Merger Agreement, and is likely to suffer a Company Material Adverse Effect,” reads the letter, which was filed with the Securities and Exchange Commission.
A “company material adverse effect” would be a material change in the underlying business since the deal was signed or misrepresentation when signing the deal that would allow it to be terminated. In the letter, Musk and his lawyers claim that misrepresentations about the number of bots on the service meets the threshold, but also note that the business could be facing issues that would also serve the purpose.
“Mr. Musk is also examining the company’s recent financial performance and revised outlook, and is considering whether the company’s declining business prospects and financial outlook constitute a Company Material Adverse Effect giving Mr. Musk a separate and distinct basis for terminating the Merger Agreement,” the letter reads.
Twitter’s chairman, Bret Taylor, used the social-media platform to respond to Musk and promise to take him to court in Delaware. “The Twitter Board is committed to closing the transaction on the price and terms agreed upon with Mr. Musk and plans to pursue legal action to enforce the merger agreement,” tweeted Taylor, Salesforce.com Inc.’s CRM co-CEO. “We are confident we will prevail in the Delaware Court of Chancery.”
Musk agreed to purchase Twitter for $54.20 a share in April, after starting to build a position in the social-media company in January. Twitter shares closed Friday at $36.81, then fell more than 6% in after-hours trading after the Musk letter was made public. The stock was down 7% in premarket trade Monday.
In agreeing to purchase the company, Musk waived due diligence and signed a contract to purchase the company at a price of roughly $44 billion. Since that agreement, as the broader stock market has declined sharply, Musk has asked for more information about bot accounts on the service.
The agreement includes a $1 billion breakup fee for either side, providing predetermined reasons for breaking the contract. Twitter could seek more than the $1 billion fee in court, up to and including the full $44 billion Musk promised in April to pay.
In the letter to Twitter, which was addressed to Chief Legal Officer Vijaya Gadde, Musk cited Twitter’s bot count as well as other issues with the way it collects and provides data on its monetizable daily active users, or mDAUs.
“Although Twitter has not yet provided complete information to Mr. Musk that would enable him to do a complete and comprehensive review of spam and fake accounts on Twitter’s platform, he has been able to partially and preliminarily analyze the accuracy of Twitter’s disclosure regarding its mDAU. While this analysis remains ongoing, all indications suggest that several of Twitter’s public disclosures regarding its mDAUs are either false or materially misleading,” the letter reads.
Specifically, Musk claims that the true bot count on Twitter is “wildly higher” than the 5% that Twitter claims in its filings with the SEC, and that Twitter executives admitted in a June 30 call that they include suspended accounts in their mDAU count.
In addition, Musk claims that Twitter’s board declined to provide requested information on its financial performance and expectations.
“Mr. Musk requested on June 17 a variety of board materials, including a working, bottoms-up financial model for 2022, a budget for 2022, an updated draft plan or budget, and a working copy of Goldman Sachs’ valuation model underlying its fairness opinion. Twitter has provided only a pdf copy of Goldman Sachs’ final Board presentation,” the letter reads.
Musk also claims that he was not consulted on staffing changes at Twitter in the period since the acquisition agreement was signed, including the firing of two executives, the resignations of three other executives, layoffs in the talent-acquisition team that were confirmed by MarketWatch on Wednesday, and a general hiring freeze.
“The Company has not received Parent’s consent for changes in the conduct of its business, including for the specific changes listed above,” the letter concludes. “The Company’s actions therefore constitute a material breach of Section 6.1 of the Merger Agreement.”
Wedbush Securities analyst Daniel Ives, in a note Friday afternoon, called the emerging situation “a disaster scenario” for Twitter’s board.
“This is a disaster scenario for Twitter and its Board as now the company will battle Musk in an elongated court battle to recoup the deal and/or the breakup fee of $1 billion at a minimum,” Ives wrote. “Twitter’s stock on a stand-alone basis will now likely trade in the $25 [to] $30 range when the stock opens on Monday with no deal likely.”
Tesla shares increased nearly 3% in after-hours trading following the news. Ives wrote that “For Tesla’s stock, this will be some relief rally as this situation was an overhang on the stock, but the Street is wary of the looming court battle ahead between Musk and the Twitter Board.” The stock was down 0.3% premarket Monday.
Shares in Digital World Acquisition Corp. DWAC, 17.94%, a blank-check company seeking to merge with the Truth Social property affiliated with Donald Trump, also gained in late trading.OPINION
Dear Friends,
Kathaleen “McCorrupt” McCormick, the bank-breaking Judge who has kept Chancellor Bouchard’s habit of thieving TransPerfect workers going and going and going, will keep the Musk-case for herself (shocker).
All eyes will be on our home state’s Kangaroo Chancery Court, which does not have any rules whatsoever in place to prevent something like McCormick say… owning shares of Twitter personally. In fact, Chancery judges don’t even have to disclose their conflicts of interest to the parties. We know this, because all the while she’s ruling against TransPerfect, she’s never disclosed that she was actually H.I.G. Capital’s attorney.
She is the first female Chief Chancellor, but don’t be fooled, she’s as “Good Ole Boy” as they come–circling the wagons to keep paying off Skadden, Chancellor Bouchard’s former employer, with money from TransPerfect employees. McCorrupt and Skadden should be ashamed, but they should also be fearful. Why?
Because Chancery, where verdicts can be bought with influence according to Hunter Biden’s emails, will be on the national stage. And, the Coastal Network will continue to shine a spotlight on corruption, as I bring you the latest on the Musk-Twitter fight that everyone from disgraced Leo Strine to filthy Kevin Shannon is looking to cash in on.
If you have thoughts on Musk-Twitter, McCorrupt, or anything related to draining Delaware’s swamp, your feedback is always welcome.
Respectfully Yours,
JUDSON Bennett, Coastal Network
WILMINGTON, Del., July 13 (Reuters) – The first female chief judge on Delaware’s nationally known business court will oversee Twitter Inc’s (TWTR.N) lawsuit that seeks to hold Elon Musk to his agreement to buy the social media platform for $44 billion, according to court records.
Kathaleen McCormick took over the role of chancellor, or chief judge, last year after the retirement of Andre Bouchard on the Court of Chancery, a favored venue for large corporate disputes.
Among McCormick’s first decisions will be a request by Twitter to hold a four-day trial in September, an incredibly tight time frame for such a complicated case.
McCormick’s final ruling on the merger can be appealed to the Delaware Supreme Court.
Twitter accused Musk of a long list of violations of the merger agreement in the lawsuit it filed on Tuesday. It said the world’s richest man wanted to back out in part because of a downturn in the stock of Tesla Inc , the electric vehicle maker where he is chief executive.
Musk accused Twitter of breaching the merger agreement because it refused to share information on spam accounts, made misrepresentations and strayed from its normal course of business by firing executives.
McCormick is also overseeing a case by shareholders of Tesla who are seeking to void Musk’s $56 billion compensation package from the automaker. She scheduled an October trial in that case.
Reporting by Tom Hals in Wilmington, Del. Editing by Matthew Lewis
OPINION
Dear friends,
The President of the United States, Joseph Biden, has in my opinion, committed innumerable illegal acts that have damaged the economy and the safety of the American people. Folks the man is incompetent and has sold his soul to the extreme left whose ultimate agenda is to institute, Orwellian, Socialistic/Communistic control over our lives. Much of the heinous operation of the current government is covered up by the liberal press which is complicit in the destruction of our prosperity and our freedoms. The business connection between President Joe Biden and his son Hunter, clearly evidenced by the captured laptop, indicates the despicable illegal activities the two engaged in.
Folks, remember the Airforce 2 trip to China when Biden was Vice President. Son Hunter went with Daddy to China and came back with over a billion dollars of Chinese money. I believe influence peddling is against the law? That said, let’s segway forward to what just happened! We are in an energy crisis, especially since Biden intentionally destroyed the American oil industry. The price of gasoline and diesel fuel is off the charts creating unprecedented inflation and economic chaos on the American people. We have strategic oil reserves that have been accumulated over many years to help us in the event of a severe national emergency in case we cannot effectively utilize needed oil for the proper operation of American security. These important oil reserves belong to the American people and are for our specific use in the event of a severe national emergency. Well guess what folks? Biden has been dipping into our oil reserves to the extent that half will be gone by the end of August. It gets worse, President Joseph Biden has been selling our strategic oil reserves to China. Interestingly, the entity in China that purchased the oil is the same company that son Hunter has a financial interest in and which apparently financed the billion dollars. “10% to the Big Guy?” Outrageous? Suspicious? Illegal? How can this happen?
Folks, when the President of the United States sells part of our strategic oil reserves to China (our number one enemy), putting our national security at risk, it is beyond earth-shaking. My God, I am sitting here shaking my head in amazement as I write this article. Let me know what you think. As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Thank you so much for your continuous feedback. I appreciate your viewpoints tremendously.
Candice Green Wilkinson is the best candidate for this office. Please give her your support!
Feedback from my endorsement of CANDICE GREEN WILKINSON for Sussex County Register Wills:
“Thank you!! you have a way with words.I appreciate your time and endorsement, it means a lot.”Candice Green Wilkinson”Wonderful Endorsement, she has my vote.”-John W. “I appreciate your concern.
I will ask Greg about this the next time I see him.”-Bryant R. “Judson, that’s an outstanding article, thank you very much.” -Keller H.”I have to call you out on this one Judd. You don’t know Greg Fuller at all. This man is probably closer to Jesus than most of us in his faith.
He does not support abortion. He left the party because of his Christian principles that he could no longer be a part of what the Democrat party represents today. And Greg Fuller is the only register of wills that used to work his ass off and go out to senior centers and help them to understand the importance of having a will.
Not to mention Greg Fuller has used his faith to help families mend after a loved ones death versus fighting over who’s going to get what.
I don’t have a problem with you endorsing Candace Green, but you don’t know Greg Fuller.”-Scott W.”The office is not closed. It has stayed open throughout COVID.The only change is that all business is by appointment only now, like a lawyer or doctor’s office.Things run much smoother now, for everyone, including the public.”-Eric. B.
Keep your wonderful feedback coming, folks! I enjoy reading it and appreciate sharing it with all of you.
Respectfully Yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
HAPPY FOURTH of JULY from the COASTAL Network!!
Some History on this blessed day that we so dearly cherish:
“During the American Revolution, the legal separation of the thirteen colonies from Great Britain in 1776 actually occurred on July 2, when the Second Continental Congress voted to approve a resolution of independence that had been proposed in June by Richard Henry Lee of Virginia declaring the United States independent from Great Britain’s rule. After voting for independence, Congress turned its attention to the Declaration of Independence, a statement explaining this decision, which had been prepared by a Committee of Five, with Thomas Jefferson as its principal author. Congress debated and revised the wording of the Declaration to remove its vigorous denunciation of the slave trade, finally approving it two days later on July 4th.
Historians have long disputed whether members of Congress signed the Declaration of Independence on July 4, even though Thomas Jefferson, John Adams, and Benjamin Franklin all later wrote that they had signed it on that day. Most historians have concluded that the Declaration was signed nearly a month after its adoption, on August 2, 1776, and not on July 4 as is commonly believed.
By a remarkable coincidence, Thomas Jefferson and John Adams, the only two signatories of the Declaration of Independence later to serve as presidents of the United States, both died on the same day: July 4, 1826, which was the 50th anniversary of the Declaration, Jefferson even mentioning the fact. Although not a signatory of the Declaration of Independence, James Monroe, another Founding Father who was elected president, also died on July 4, 1831, making him the third President who died on the anniversary of independence. The only U.S. president to have been born on Independence Day was Calvin Coolidge, who was born on July 4, 1872”
Some Events that brought the AMERICAN INDEPENDENCE up to present times were:
In 1777, thirteen gunshots were fired in salute, once at morning and once again as evening fell, on July 4 in Bristol, Rhode Island. An article in the July 18, 1777 issue of The Virginia Gazette noted a celebration in Philadelphia in a manner a modern American would find familiar: an official dinner for the Continental Congress, toasts, 13-gun salutes, speeches, prayers, music, parades, troop reviews, and fireworks. Ships in port were decked with red, white, and blue bunting.
In 1778, from his headquarters at Ross Hall, near New Brunswick, New Jersey, General George Washington marked July 4 with a double ration of rum for his soldiers and an artillery salute (feu de joie). Across the Atlantic Ocean, ambassadors John Adams and Benjamin Franklin held a dinner for their fellow Americans in Paris, France.
In 1779, July 4 fell on a Sunday. The holiday was celebrated on Monday, July 5.
In 1781, the Massachusetts General Court became the first state legislature to recognize July 4 as a state celebration.
In 1783, Salem, North Carolina, held a celebration with a challenging music program assembled by Johann Friedrich Peter entitled The Psalm of Joy. The town claims it to be the first public July 4 event, as it was carefully documented by the Moravian Church, and there are no government records of any earlier celebrations.
In 1870, the U.S. Congress made Independence Day an unpaid holiday for federal employees.
In 1938, Congress changed Independence Day to a paid federal holiday.
Folks, our continuing Independence and the enjoyment of the freedoms we have, clearly depend on who we elect in the future. GOD bless you all and God bless America!
I hope you enjoyed your day and celebrating the greatest country on the planet.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I have been watching the January 6th House Committee Hearings, which is investigating former President Donald Trump, as they present a one-sided show. This quite obviously orchestrated event is being put on in order to prevent the impending Republican takeover in November and also deter Trump from possibly running again in 2024.
Lots of feedback has been rolling in on this, folks, so let’s open up the mailbag:
Hi Jud, I always enjoy reading your articles and opinions. If you haven’t had a chance to see 2000 Mules, I recommend it. The geo-tracking evidence is very interesting. It’s an hour and 28 minutes and worth watching.
-Susan
As you make excellent, salient points. The hearings are a humongous waste of time & $$$$$$$$$$$. Liz Cheny is a lousy lady who is another attention seeker. Interesting that her parents have said zilch for a LONG TIME.
-Pete
Donald Trump is only “out there” as a possible candidate – to raise $$ – the usual.
I do not support Pence. I met him twice in New Hampshire, and his people skills are quite lacking. I support DeSantis & Youngkin. For vice president, maybe Winsome Sears?
-Georgia
As we old-timers would say: “you hit the nail on the head, Jud”!
-John
Quoting your line, Jud:
“Although slightly ambiguous, the Constitution does not allow for the Vice President to do that. Trump was misguided and ill-advised to go that route which unfortunately, although unintentional, inspired the disastrous invasion of the Capitol building.”
-Sally
The Constitution certainly DOES allow for the Vice President to do that. And the “insurrection” was the Democrats way to STOP this Constitutionally allowed way to contest the votes in AZ, PA, WI, MI and GA. They thought Pence just might send the electors back to the state so they, along with their accomplices in the FBI/CIA and Media concocted this ‘Insurrection’ bullshit. It was literally to stop Pence from doing what he should have done
-Tim
Trump is teetering, but he ain’t gonna fall, my friend.
-Jack
I feel your pain on this ridiculous hearing Jud.
Fear not, people have short memories. They’ll forget by November.
-Ted
A little insight, without the political finger pointing.
-Peter
I don’t see how Trump recovers from this. No way, Jud.
-Frank
I can’t turn this covering off, it’s captivating.
-Joan
So many of Trump’s people have turned against him.
They are all traitors!
-William
This just proves that Trump will bring down the Republicans if he runs in 2024.
There’s no way the leadership should allow him to run.
-Ernie
Don’t worry, sir. Not many people who love Trump are watching.
This won’t have the impact the Democrats think it will.
-Robert
Keep the feedback coming, folks. It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-COASTAL NETWORK
OPINION
Endorsement of CANDICE GREEN WILKINSON for Sussex County Register of Wills Office
Dear Friends,
It is my honor and pleasure to endorse Candice Green Wilkinson in the upcoming Republican primary being held for the Sussex County Register of Wills office in September. Candice has been a lifelong Republican and has worked on many GOP campaigns. She is the daughter of the former Register of Wills Cindy Green and because of that is completely familiar with the operation. She is a computer specialist and understands the modern technology needed to maintain an effective operation for the benefit of all of Sussex County. It is my understanding that the actual physical office location has been closed, and she promises to get it open again.
Folks, that being said, this is a REPUBLICAN primary and therefore, a real Republican should be the actual candidate. I find it interesting that Greg Fuller, a former Democrat operative who was once appointed by the Democrat Delaware Governor to the Register of Wills office has now changed his party affiliation to Republican in order to fool the voters of Sussex County. Fuller supports Delaware’s abortion laws which include late-term abortion up until birth. Fuller supports mandatory union hiring practices in Delaware. WHEN DID Fuller experience his epiphany and give up his Democrat Party leadership to run as a Republican? Just a few months ago. We did this with Senator Margaret Rose Henry. Don’t be deceived again. Fuller is not just a Democrat he is a Delaware Democrat Party Elite Leader.
Greg Fuller switched parties and came out early and some of the Sussex Republicans didn’t realize what a real liberal he is and a dedicated Democrat at heart. Folks, I urge you to elect a truly qualified, conservative Republican in Candice Green Wilkinson whose dedication to the Republican party is unprecedented.
I thank you for your consideration and I urge you all to evaluate the two candidates accordingly. You will see that Candice Green Wilkinson is without a doubt the best candidate for the job.
Dear Friends,
I have watched with great interest the January 6th House Committee Hearings which is investigating (actually presenting a one-sided show) former President Donald Trump. This orchestrated event which basically allows no cross-examination of witnesses and presents prepared, taken out of context, videos of various testimonies, is clearly designed to skew or possibly prevent the impending Republican takeover in November and also deter Trump from possibly running again in 2024.
It does appear that Trump did everything he could to push former Vice President Pence to replace electors in the Capitol on January 6th. Although slightly ambiguous, the Constitution does not allow for the Vice President to do that. Trump was misguided and ill-advised to go that route which unfortunately, although unintentional, inspired the disastrous invasion of the Capitol building. It also appears that Trump made calls to various state officials to investigate and change what he perceived to be fraudulent votes. However, no substantial evidence was ever produced. Additionally, from the testimony, Trump apparently made several attempts to install a new Attorney General who would be favorable to his agenda in changing the results of the election.
Frankly, as much as I liked Trump’s platform, this ill-conceived, poorly planned situation, has indeed hurt Trump’s future for another run in 2024. Indeed, I hope he doesn’t run and maintains his support of Republican candidates.
It should be noted these absolute facts: 1) Trump clearly authorized and offered 20,000 National Guard troops to guard the Capitol on January 6th. They were turned down by Nancy Pelosi. If the troops had been installed and placed properly as they should have been, the Capitol invasion never would have occurred. 2) During his speech on January 6th, Trump clearly stated that the crowd “should go to the Capitol and protest peacefully”. 3) There were FBI infiltrators in the crowd which indicates some entrapment possibilities. Bottom line, although terribly misguided and stubborn, there was clearly no intention on Trump’s part to stimulate a violent insurrection nor were his actions criminal.
None of this changes the despicable, intentional, authoritarian, destruction of the U.S. economy by Marxist Democrats led by President Joe Biden. Biden’s criminal activity (influence peddling) with help from son Hunter was remarkable in its audacity. The ruining of the American oil industry (closing the Keystone Pipeline and restricting drilling), the absurd border policies allowing millions of illegals to come into our country un-vetted, and the outrageous and incompetent withdrawal from Afghanistan, have shown how dangerous and frightening the Democrat agenda truly is!
America now has inflation reaching 8.6%; gasoline and food prices are off the charts. We the people are suffering and this is just the beginning. Biden and the insidious Democrats are 100% to blame.
The point here is simple. Folks don’t let this biased hearing, which is out to get Trump, change anything. Trump screwed up in his reluctance to admit he lost the election. It has nothing to do with how bad things are now because of Biden and the Democrats.
Governor DeSantis should and could be our next President in 2024. In November, we must remove these Socialist/ Communist Democrats from office and take back control of the House and Senate or this nation will implode. We the people are slowly losing our freedoms and will lose any chance of future prosperity, especially if Biden’s malicious and incompetent agenda (supported by Democrat legislators) is allowed to continue.
That is the way I see it. As always, your feedback is welcome and appreciated, so let me know what you think.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
I went to the post office yesterday, only to find them closed in honor of Juneteenth, a holiday commemorating the emancipation of enslaved people in the U.S.
Those who know me know that I’m a dedicated Republican, and frankly I believe that Governor John Carney leads a bunch of Limousine Liberals running this state. In my view, it is the kind of administration that would sit still to see Delaware’s “Democratic” elite milk the workers of TransPerfect in a $250 million dollar scam. It is my opinion that the Skadden Arps’ TransPerfect caper will go down as one of the biggest scams in Delaware history — bigger than when someone who did not own the Eiffel Tower, but sold it for scrap metal or someone who sold the Brooklyn Bridge!
Folks, sarcasm is not my bag, nor is racism. Regardless, I have always believed in hiring the best and most qualified person for the job, especially in government positions, regardless of race or religion. I also despise hypocrisy. Interestingly, diversity in Delaware’s Chancery Court has been a constant rub by Al Sharpton in Delaware!
But someone has to say something, so I will: Congrats to Governor Carney so far for ignoring liberal calls for “diversity” just for the sake of diversity, which to me sounds like hiring someone who is not best qualified for the job. Hiring a person just to fill a racial quota, regardless of qualifications, is wrong. That seems racist to me. So far, Governor Carney has not bowed down to extreme liberal pressure, as you’ll see in the WDEL story below.
Governor Carney defied tremendous pressure, perhaps from the Bidens themselves, to leave the all-white institution as is. Perhaps he will give in to the extreme left and appoint an African American, even if less qualified, in the future. It was probably extremely difficult not to bow to serious pressure to be overly diverse and appoint someone from the LGBTQ+ community from joining the archaic Court as well.
Putting the corruption and cronyism that I personally believe infects our Chancery Court aside, hiring the best person for the job is always the right decision. We will see what Carney does down the road.
As always, your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
P.S.: Send any feedback you have by email in response to this column in your inbox, or directly at [email protected].
The views expressed in this article represent my personal opinions and not those of anyone else.
To read more of my views, please see my coastalnetwork.com site for all of my latest columns.
Check out my latest thoughts and news on Twitter at twitter.com/Judson_Bennett
Governor John Carney on Friday announced two judicial nominations, one of which is likely to draw the ire of parties who’ve been calling for a diversification of the Chancery Court.
Carney nominated Kelly Hicks Sheridan, a current Assistant Unit Head for the Juvenile Delinquency and Truancy Unit within the Delaware Department of Justice, to the position of Commissioner for Family Court in New Castle County.
He also nominated Nathan Cook, a 16-year veteran of Chancery Court litigation and currently a managing partner for Block & Leviton, to the position of Vice Chancellor of the Court of Chancery.
Cook’s nomination should come as a disappointment to those who have been asking Carney to nominate a minority to the position in light of the pending retirement of Vice Chancellor Joseph Slights III, including Rev. Al Sharpton, who was at Legislative Mall in Dover on Tuesday, May 24, 2022, for exactly that request.
“It’s like the Rocky Mountains, the higher up you get, the whiter it gets,” Sharpton said of the court during his visit, stating that the makeup is not at all reflective of Delaware’s population demographics.
Carney’s nominations will have to be considered by the state Senate for confirmation.
“I want to thank these two qualified nominees for their willingness to serve the people of the State of Delaware,” said Carney. “I’m confident that each has the experience and judgment necessary to serve as part of Delaware’s world-class judiciary. I look forward to the Senate considering these nominations.”
In Vacating Former Chancellor Bouchard’s Orders Against Shawe as ‘Improper and Personal’
Dear Friends,
A broad thank you for the overwhelming feedback on my recent column about some semblance of justice in the TransPerfect case.
Victory and vindication for Phil Shawe from nearly 10 years of Andre Bouchard’s diabolical and premeditated abuse of power is now at hand — it took far too many years — but justice finally prevailed. I have done my best to shine a bright light on Bouchard’s Chancery Court corruption — and reading your many responses from this column truly makes me feel as though my efforts to fight corruption and make Delaware better have not gone in vain. His successors and Skadden Arps’ friends should know my watchful eye remains upon them.
Respectfully Yours,
JUDSON Bennett, Coastal Network
Here’s the top 20. Your thoughts are always appreciated.
Keep ’em coming!
“Glad to see Bouchard’s diabolical plan didn’t work.”
-Sam
“The truth comes out. In our court system, it takes years!”
-Gerard
“Glad he’s not on the hook for these sanctions.
Sounds like a white-collar way to steal someone’s money.”
-Franklin
“This feels like a vendetta against the judge who already lost his job. He’s been embarrassed and dethroned. How else should he pay?”
-Joan
“This Bouchard guy is a goon and he’s gone.”
-Andy
“Glad good is winning. Keep the coverage coming.”
-John
“This story is hard to follow, but I’m glad Darth Vader lost.”
-Pamela
“I’m not sure exactly what you’re saying here, Judson. I’m glad the good guy beat the bad guy.
-Eric
“Shawe has been unbending in his pursuit for justice. Have to tip my cap to for him not giving up.
-Tim
“I’m confused by this one, sir. Glad you’re covering this and not me.”
-Robert
“Someone has to prevail over this corrupt system. Good for him!”
-Gary
“I love when truth prevails. It most often does, but takes far too long.”
-Sandra
“Thank God the press got involved. No one would have ever known.”
-Bobby
“How could Bouchard get so close to stealing this company? How is this legal?”
-Tom
“Justice finally to these crooks. Good work, Judson.”
-Ernie
“Strine brought in Bouchard and together they sunk the ship.”
-Keith
“They deserve what they got for destroying the lives of the workers.”
-Joanna
“I still think whoever took their places will not learn from this injustice.”
-Frank
“Time for this court to pay for these deeds. Keep after them Jud!”
-Jane
“I remain incredulous. This is too deep rooted.”
-WilliamOPINION
Dear friends,
In my educated view, the midterm elections coming in November are extremely important. If the Republicans do not take back the House and the Senate, I believe we as Americans are going to lose any chance of economic prosperity, lose our freedom of speech, lose our right to bear arms, lose our domestic safety (crime is out of control), and our national security.
Folks, the situation is in “extremis”, and President Joe Biden has screwed up everything. Biden’s seemingly, intentional destruction of the American oil industry by initially closing the construction of the Keystone Pipeline (killing thousands of good paying jobs), driving the cost of gasoline, natural gas, and heating oil to unprecedented extremes and creating a domino effect of outrageous inflation on the cost of basic living, has put the middle class in a frightening situation.
People are now actually choosing whether to buy gasoline or food. Inflation is up to 8.6%, the highest it has been in 40 years. People are hurting and suffering! Folks, if we don’t take back our country from these incompetent politicians in the Democrat party, we are not just going to have a recession, we are going to have a depression with bread lines and gasoline rationing. Furthermore, a war with China could also occur.
When you consider, Biden’s destruction of our oil industry, taking us from being the number one exporter of oil and natural gas, totally energy independent, now having to depend on foreign oil, and driving up the cost to unaffordable levels to the point that the average citizen can’t operate, the situation is absurd and outrageous. Folks, Biden is a monster who has sold out to the Progressive, Socialist, Communist agenda which will and is destroying America. When you consider Afghanistan and Biden’s incompetent withdrawal leaving billions of dollars in military equipment for the Taliban making them the best equipped terrorist organization in the world, any reasonably intelligent person has to wonder?
Folks, Putin recognized from that fiasco that Biden was weak and totally incompetent which gave Putin the confidence and the green light to invade the Ukraine. Biden through his son Hunter sold his influence to Russia, China and others. The man has been running a crime syndicate and he should be in jail. No doubt he is the worst President in United States history. The border situation where over 2 million illegals are being allowed to enter our country un-vetted—bringing in dangerous gangs involved in terrible crime, diseases, human sex trafficking, drugs, and death are all an intentional situation created by Joe Biden and is his sole responsibility.
That all being said, former President Donald Trump gave us great prosperity, a secure border, energy independence, and a real chance at achieving the American dream of Life, Liberty, and the Pursuit of happiness. Trump, in my opinion, had a spectacular platform and the ability to implement it. Unfortunately, as much as I like the guy and believe in his abilities to govern, he was way off base in his misguided idea that VP Mike Pence could change the course of the election.
January 6th was a disaster, it never should have happened, and Trump’s unmitigated attack on Mike Pence was terribly wrong. Frankly, Trump should not run for President in 2024 as a result. The Hearings that are going on now are designed to make Trump look guilty and take away the attention on Biden’s absolutely horrible and malicious agenda which is intentionally driving us into financial destitution.
I hope Trump chooses not to run, however his ego is so huge he probably will. My concern is can he win with the label the Democrats are attempting to put on him? If he does run and gets the nomination, I will fervently support him, however I have some serious concerns. I am hoping he does not run, and Florida’s DeSantis takes on the challenge. He has Trump’s ideas and platform without the baggage.
That’s the way I see it. What do you think? As always your feedback is welcome and appreciated.
Best regards,
JUDSON Bennett-Coastal Network
Over Andre Bouchard as the Delaware Supreme Court Vacates Contempt and Sanctions
Justice Prevails: Going Deeper Into TransPerfect CEO Phil Shawe’s Long- and Hard-Fought Victory Over Andre Bouchard as the Delaware Supreme Court Vacates Contempt and Sanctions
OPINION
Dear Friends,
Thank all of you for your feedback on my recent column regarding TransPerfect’s and its CEO Phil Shawe’s recent victory over what I view as “corruption in plain sight” by Andre Bouchard. It really restores my faith in Delaware, to see some level of justice finally prevail.
To simplify what happened, because this is America…
Andre Bouchard couldn’t simply steal Shawe’s company and give it to his lawyer and private equity friends without fabricating a ridiculous story. So against the testimony of 10 witnesses live, plus over 100 affidavits explaining that Shawe was a great manager and a Steve Jobs’ type…
Bouchard plowed ahead and seized the company for 3 years and installed his friends… a Putin-like move, designed to steal the company to make his pals rich, folks.
But seizing it wasn’t enough. He had to 1) order a “fair auction” and 2) make Shawe unable to get financing. In my opinion, he wrote lie after lie after lie — attempting to fraudulently trash Shawe’s reputation — so Bouchard lawyers and private equity companies could steal the company, offshore the jobs, and flip it — potentially making $500 million for the judge’s pals.
However, Bouchard got caught with his hand in the cookie jar. And thanks to the freedom of the press, a bright light was shined on his treachery and abuse of power — and both Bouchard and Leo Strine were forced to resign over allegations of corruption.
They destroyed the lives of many employees for nearly a decade, but justice has eventually prevailed.
Thanks again for your feedback. Please share any feedback you have about this, and I will include it in my feedback column this week. Finally, some justice!
Forever Delaware,
Judson Bennet–Coastal NetworkOPINION
Dear Friends,
A few months ago, I was the victim of a home invasion, where my loaded shotgun was stolen, my car was stolen, and frankly I feel lucky to be alive. The police and the State Attorney so far have been slow and non-commutative. This week, I had to give a deposition to the Public Defender who represents the criminal who invaded my house.
After zero communication for months from anybody, I had to learn the name of the State Attorney from the Public Defender. The prosecutor didn’t even bother to come to the deposition. Even in parts of the great state of Florida, where freedom reigns, the Criminal Justice System stinks. In places like New York and Chicago, it is pathetic. Even though Florida has a great Governor, there are enclaves of Democrat control – and like parts of the rest of the country – where these fanatics operate, Palm Beach County, in my view, has a sub-standard Criminal Justice System.
In my case, the perpetrator came into my apartment, leaned over my sleeping body, lifted a loaded shotgun from a nearby couch, then on the way out took my car keys that were hanging on a hook in my kitchen. He then stole my Infinity car, which was parked in the front parking lot of my condominium and simply drove away. Remarkably, he was arrested the next day, because the license number was listed as stolen and an alarm went off in a West Palm Beach Detective’s car. Wow, great police work right? WRONG!
Here’s why: The whole incident of his robbery was captured on video. The criminal was wearing a mask. After studying the video and after studying the perpetrator’s picture, I believed without a doubt that the guy caught driving my car was indeed the actual person who came into my unit and robbed me. By the way, the criminal once arrested was released with minimal bail the same day. When I told the cop I could identify the guy, he said he could arrest me for lying, because there was no way I could identify him because the perpetrator was wearing a mask. He also said I should “feel sorry for someone that is desperate enough” to invade my home.
Bottom line, the perpetrator has been charged with driving a stolen vehicle, not actual car theft or the home invasion and burglary. Folks, it seems as if the entire operation is geared to help and protect the criminal and my welfare and the institution of justice is secondary.
I have since learned that the Palm Beach County State Attorney’s office, under Democrat Control with a liberal State Attorney, controlling all of this, is operating with 30 less attorneys than required, that the operation is a revolving door of arrests, releases, and liberal judges. I gave my deposition, the trial is June 21st, and I expect the extremely dangerous perpetrator (who already has an extensive criminal past) to get a slap on the wrist and soon be released back into society to continue his life of crime. His next arrest could very well be a homicide. Certainly, if I had awakened, while he leaned over my sleeping body, he would have executed me on the spot. I intend to identify him and am certain he is the perpetrator. If justice is served and he gets some serious time, I will be pleasantly surprised.
To add insult to injury, I had to pay a $300 towing charge before the cops would release my car, then $400 for new keys, and a $400 cleaning fee after I got my car back to get the sticky yellow tape and fingerprint dust all over my car cleaned up.
Folks, I am not optimistic. I now sleep with a loaded revolver. I never dreamed that life would be like this in one of the richest counties in America, a veritable paradise with great fishing, beautiful beaches, and fabulous weather. Parts of West Palm Beach are war zones with rampant crime and the criminals come into the wealthy areas to operate with apparent impunity.
Folks, in my view, it is all about leadership, and Democrat Mayors and Prosecutors seem to be weak on crime to the detriment of our citizens.
Stay tuned folks, I will let you know how it all turns out after the trial. As always your thoughts and opinions are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Endorsement of Keller Hopkins for 5th Council Seat in Sussex County Delaware!
Dear Friends,
It is my honor and pleasure to endorse Keller Hopkins in the Republican Primary for the 5th Council District in Sussex County, Delaware. The seat is currently held by John Rieley who is being primaried by Keller Hopkins, and justifiably so.
Folks, I had the distinct privilege of being the Republican Chairman of the 37th District several years ago when Keller Hopkins was the Chairman of the Sussex County Republican Committee. Under Keller’s leadership, a spectacular team of winners was created. A dedicated plan and operation was organized by Keller and it was magnificent. Keller even spent a small fortune of his own money to enhance the extremely well organized situation that he invented and orchestrated through his innovation and hard work. Keller is a very successful business man and has the intelligence, drive, and expertise to perform on the Sussex County Council for the great benefit of our county’s citizens. There is absolutely no doubt in my mind that Keller is the best man for the job.
I have always liked the incumbent, John Rieley as a person, however I am disappointed with his voting record, especially his “NO” vote on the Industrial Park which cost many jobs. Folks, it is time for a change and Keller Hopkins will bring about needed, positive change on the Sussex County Council.
Please vote for KELLER HOPKINS in the Republican Primary, Tuesday, September 13, 2022. The character, the expertise, and dedication of this man is incomparable.
Thank you for your consideration.
Sincerely yours,
JUDSON Bennett–Coastal Network
as Delaware Supreme Court Vacates Contempt and Sanctions as Improper and Personal
OPINION
In what seems like a lifelong fight for justice in Delaware, TransPerfect and Phil Shawe finally succeeded in overturning the key rulings of Chancellor Andre Bouchard on appeal. These decisions (now vacated) were for Contempt and Sanctions – and a reflection of just how far Bouchard would go to damage a successful entrepreneur’s reputation, as long as allowed him to pay off his pals.
In my view, these Sanctions Rulings were the epitome of corruption, not only because they were falsified and fabricated with inflammatory rhetoric, as I understand it, but also because they were specifically premeditated to make it difficult for Shawe to obtain financing.
Why would this be important for Bouchard and his henchmen, Kevin Shannon, Robert Pincus, and Jennifer Voss? …because this crew was simultaneously working together to put Shawe’s company up for auction – and Chancery wanted to be sure to toss the founder from his own company.
To Ex-Chancellor Bouchard:
Let me just say this to you personally, Andy: An Ambitious and Diabolical plan… but a huge fail! Shawe got financing, bought back his company you’d illegally seized, overturned your sanctions, and recently led TransPerfect to pass $1 billion in sales.
And what did you get for your lies and treachery? You got to be asked to retire 6 years early from the bench. And as I clearly see it, you got to personally ruin the image of our once-great Delaware Chancery Court – and made it synonymous with “Corruption”– Congrats!
Please see the Law.com article below. Finally, the Delaware Supreme Court recognized wrongdoing by Bouchard and overturned him. Finally some justice for Shawe and TransPerfect.
Please send your feedback on this. It’s always welcome and appreciated.
Respectfully yours,
JUDSON Bennett–Coastal NetworkDelaware Supreme Court Vacates Contempt Order on TransPerfect CEO
The high court upheld orders on fees charged by a custodian from Skadden but ended eight years of litigation by ruling CEP Philip Shawe should not have been held in contempt.
June 01, 2022 at 05:38 PM
By Ellen Bardash
The Delaware Supreme Court issued an opinion Wednesday afternoon generally finding the custodian in the TransPerfect Global Inc. case wasn’t wrong in how he petitioned the Court of Chancery for fees.
The court did partially reverse one of the Chancery orders challenged by TransPerfect and CEO Philip Shawe, finding Shawe couldn’t be held in contempt for the Nevada lawsuit that spurred a Delaware contempt motion against him and the company because Shawe wasn’t a named plaintiff in that suit and because the Court of Chancery didn’t specifically determine in its contempt finding that he had been responsible for TransPerfect filing the case.
“Shawe owns 99% of TPG, but this does not, without more, make him personally liable for the company’s violation,” Justice Gary F. Traynor wrote.
But with the 2019 filing of that lawsuit breaching a court order in the Chancery matter, the court was right to hold TransPerfect itself in contempt, stated the opinion.
The Chancery case has been ongoing for eight years, with at least half that time exclusively litigating the billing of fees for work by Robert Pincus, who worked for Skadden, Arps, Slate, Meagher & Flom when the custodianship began.
The Supreme Court upheld the two other court orders, both issued in April 2021, challenged by TransPerfect: one discharging Pincus as a custodian and the other awarding him over $3.2 million for fees incurred between May 2019 and December 2020. The opinion also found that because Shawe is no longer being held in contempt, $1.1 million attributable to contempt sanctions must go away
TransPerfect attorney Martin Russo said Wednesday the partial reversal is validation of what Shawe’s side has been claiming for years.
“The court vacated the sanctions and suggested the chancellor overreacted,” Russo said, referencing former Chancellor Andre Bouchard, who handled the case until his retirement last year and issued the contempt order. “It’s not often the Delaware court finds in our favor, and this ruling is important in making the case that TransPerfect and Phil Shawe had been dealt a heavy, uneven hand in its legal challenges for equity and fairness.”
Skadden attorneys did not immediately comment on the decision.OPINION
Dear Friends,
There is one man who stands above so many others in our modern culture right now and that man is Elon Musk. He’s assertive and he brings massive attention. The man is nobody’s fool as he runs two huge companies that lean into our future. Quite simply, he gets things done.
So when Elon Musk is asked via Open Letters in Austin and San Francisco newspapers to join the fight against Chancery Court corruption, you just know that the elite’s assholes have been puckering all over Wilmington.
See the story below for the details and the ad running in the San Francisco Chronicle and Austin American-Statesman that urges the Tesla and SpaceX CEO to join Citizens for Judicial Fairness’s fight to create equity and transparency in a court that is buried in cronyism by former Chancellor Andre Bouchard, former chief justice of the Delaware Supreme CourtLeo Strine and current Chancellor Kathaleen McCormick.
The Chancery Court crew has now turned into a group of Batman Super Villains! Is Musk the Caped Crusader we need to clean up Chancery—now dirtier than Gotham ever was?
Let me know your opinion on Musk: Potential savior? Part of the problem? Or that he won’t care as long as the Chancery corruption does not damage his holdings? I hope he does care and takes an interest in Chancery reform!
Agree or disagree, your opinion is always welcome!
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20220601005945/en/Civil-Rights-Leader-Reverend-Al-Sharpton-Urges-Elon-Musk-to-Join-Citizens-for-Judicial-Fairness’s-Fight-for-Equity-and-Transparency-in-Delaware-Courts-Amidst-Potential-Twitter-Acquisition
Through an open letter print advertisement published in the Austin American-Statesman and San Francisco Chronicle, Sharpton called on Musk to lend his platform to Citizens for Judicial Fairness’ movement
WILMINGTON, Del.–(BUSINESS WIRE)–This week, Citizens for Judicial Fairness published an open letter print advertisement from Reverend Al Sharpton in the San Francisco Chronicle and Austin American-Statesman urging Tesla CEO and incoming Twitter CEO Elon Musk to join CJF’s campaign for equity and transparency in the Chancery Court given his upcoming court battle there.
In the letter to Elon Musk, CJF and Sharpton warn that the Chancery Court continues to push nontransparent actions like holding proceedings without juries, prohibiting cameras in the court, resisting randomized wheel spin for case assignments, and even dismissing requests for publicly-accessible financial disclosure by state justices. The same institution that does not have a single justice of color also rules more than half of the country’s Fortune 500 companies.
In the letter to Musk, Reverend Al Sharpton said:
“With the impending retirement of Vice Chancellor Slights from the Chancery Court, the nation’s largest business court whose decisions affect millions of workers in Delaware and across the country, we have joined our voices to demand that Governor Carney nominate a Black justice to replace him, and urge the State Legislature to enact our reform agenda.
“Though we don’t agree on all issues, as someone who appreciates the value of diversity in the technology industry and Twitter community – which though lacking is still head and shoulders above the Chancery Court – I feel your voice on these issues could be substantial. We ask you to join us in this fight and use your influence to urge Governor Carney to diversify the Delaware Chancery Court and enhance judicial fairness in the First State.”
Citizens for Judicial Fairness, formerly known as Citizens for a Pro-Business Delaware, has been advocating for transparency, accountability, and diversity in the Chancery Court since the unprecedented forced sale of TransPerfect Global, a profitable translation and language services company, by Chancery Court Chancellor Andre Bouchard. The sale resulted in a disastrous court-appointed custodianship by Skadden Arps’ Robert Pincus, who bilked TransPerfect for tens of millions of dollars without saying why or what for. Sharpton, CJF, and activists have been vocal about their demands for justice systems that work for diverse everyday employees rather than legal and corporate elites.
Said Citizens for Judicial Fairness Campaign Manager Chris Coffey, “Vice Chancellor Slights’ retirement from the Chancery Court is a golden opportunity for Governor Carney to follow through on his alleged commitment to equity and diversity. We call on Elon Musk, a notable influencer in business and culture, to stand with us as we protect citizens from corrupt and non-representative institutions. Reverend Sharpton knows the influence Musk has over the lives of the American people and the economy, and we hope that Mr. Musk heeds his call and joins our fight.”OPINIONI am Outraged About the Increase in Crime, The Crap About Guns, and the Criminal JUSTICE System Being Denigrated by Democrats! – Even in Florida
Dear friends,
After hearing Biden’s diatribe about guns, supported by many members of the press, in the aftermath of the insane, terrible, shootings in Buffalo, NY and in Uvalde, Texas, where so many innocent people (including 17 children) were coldly executed by two misguided teenagers, I became extremely angry at the lack of logic and the absurd accusations President Biden made, especially since he is the most corrupt and incompetent President in U.S. history. Biden just signed a bill that will prevent police departments nationally from receiving surplus military equipment, like shields, armored vehicles, drones, etc. All part of the left wing program designed to defund police and make them less effective. During an active shooter situation (like in a school), cops need all the equipment they can get, especially any positive tool that prevents them from getting shot.
Folks, guns don’t kill people, people kill people. A person has to pull the trigger. The gun does not shoot itself. The 2nd amendment to the Constitution guarantees our right to bear arms. We have the right to protect ourselves and also to be armed to fight against invasion of our homeland or even against domestic tyranny. In the Uvalde school massacre, a stupid teacher left the door open so the perpetrator was able to simply walk in. The cops waited outside in the hallway for 45 minutes because they didn’t have shields, while the killer continued to shoot the children and while the kids bled out. No doubt this was a cluster of poor planning, absurd mistakes, and grotesque poor judgement. THE TYPE OF WEAPON USED HAD NOTHING TO DO WITH IT ! Folks, the killer could have done the same amount of damage with one handgun. Outlawing high powered weapons is ridiculous and will make no difference. If that is done, only the criminals will have assault weapons and crime will increase further.
The city of Chicago has the strictest gun laws in the world. Over Memorial Day weekend, 40 people were shot there. Murder and brutal crime is a way of life in Chicago, New York and all the Democrat cities run by Democrat Mayors. Crime and murder is increasing daily and we are no longer safe. The reasons and the solutions are very simple. There is no cash bail in most American cities which allows the crooks to operate with impunity. Person commits a crime, he is out the next day to repeat his malicious activities. The police budgets have been severely diminished in many places and their response times are now much slower. Folks, I am not a gun nut, but I have a concealed carry license here in Florida. Even in wealthy Palm Beach and in a free, well run state, with a great Governor, we are in terrible danger and need to have personal protection from insidious perpetrators.
That’s the way I see it folks. As always, your feedback is welcome and appreciated. Please let me know how you feel about guns and the crime issue which is out of control, as is most of Biden’s America.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Chancellor McCormick Keeps Paying Them Off?
Dear Friends,
Folks, sources have told me the Delaware Courts are threatening all the news sources in town with lack of future access in order to kill this story?! Your tax dollars are hard at work here, paying the Chancery to kill Free Speech and continue to be an unfair Star Chamber Court as I see it.
Skadden is making motions to silence TransPerfect’s right to Oral Arguments, and billing TransPerfect in order to do so. This is Unethical, Unconstitutional and Un-American! So much so, I am offended to my core that the Chancery continues this thievery!
But read the public filing and make your own conclusions… since the Chancery has killed all other stories on this. I only ask you to share your thoughts with the Coastal Network.
Forever Delaware,
JUDSON Bennett-Coastal NetworkTRANSPERFECT’S REPLY TO SKADDEN’S JENNIFER VOSS ATTEMPTING TO SILENCE ORAL ARGUMENTExcerpts below, Full motion PDF attached
[Skadden and Pincus’s] Opposition is emblematic of the issues in this appeal. It attempts to prevent public discussion of its actions without substantive justification, while billing Appellants to increase Skadden’s own bottom line…As set out below, Skadden’s recidivism is relevant to the presumption of validity of accorded its actions in the underlying case. No other law firm, big or small, has a sordid history that compares to Skadden’s actions during the time of this case.
The issues raised in the appeal align perfectly with Skadden’s documented history of inappropriate billing practices (termed “Skaddenomics” since at least 1991, when the now infamous article coining that phrase first appeared in The American Lawyer. See Beck, Susan & Michael Orey, Skaddenomics, AM. J. LAW, Sept. 1991, attached hereto as Exhibit A). It is also not surprising that Appellee would want to prevent having to appear at oral argument considering Skadden’s documented history of intentional misrepresentations directly to the judiciary, as well government investigations, for the sole purpose of lining its own pockets, during the very same period Appellee was acting as the Court appointed custodian.
This Court should be aware that, in 2015, the U.S. Department of Justice (“USDOJ”) filed a Complaint in the United States of America v. Mazzo, detailing intentional lies told by Skadden partners to the judiciary, under oath, for the purpose of increasing its revenue. See USDOJ Complaint dated June 15, 2015, attached as Exhibit B. In the Mazzo case, just as in this case, despite their self-serving nature, Skadden’s serial misrepresentations to the court were relied upon by the judge without further investigation, thwarting the DOJ’s attempts to provide evidence of Skadden’s intentional wrongdoing. Ultimately, Skadden’s false statements to the court were only proven through a parallel civil proceeding. It is no surprise, therefore, that Pincus and Skadden amassed millions of dollars in fees in this case while spending untold hours lobbying the Court of Chancery (successfully, and on Respondents’ dime) to keep their practices hidden from scrutiny. However, as the Court of Chancery noted, “There is also no injustice in the public having access to information in judicial filings and potentially using the information to identify and pursue potential wrongdoing. As Justice Brandeis famously observed, ‘Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.’” In re Columbia Pipeline Grp., Inc., 2018 WL
4182207, at *3 (Del. Ch. Aug. 30, 2018) (quoting Louis D. Brandeis, What
Publicity Can Do, Harper’s Weekly (New York), Dec. 20, 1913, at 10).
In January 2019, Skadden entered into a Consent Agreement with the USDOJ, in which it paid a fine of over $4.5 million, confirming that during a USDOJ investigation, Skadden partners made “false and misleading oral and written statements regarding the nature of [Skadden’s] activities” with respect to their Ukraine dealings. See Consent Agreement dated January 15, 2019, (Exhibit C) and New York Times Article (Exhibit D). The Consent Agreement details a series of misrepresentations Skadden partners made to the USDOJ, and other Skadden partners, inducing further false statements. Id. p.30. Skadden profited (by being paid $5.2 million by their client, but only fined $4.5 million), after being caught lying to the government. It was therefore naïve for the Court of Chancery to deny any possibility that Appellee and his firm acted only for their own interest when the punishment for being caught behaving improperly was a $700,000 profit. See Exhibit D.
In May of 2020, Skadden paid an additional $11 million to former Ukrainian Prime Minister [candidate] Yulia Tymoshenko to avoid a lawsuit accusing Skadden’s lawyers of “whitewashing Yanukovych and his government” in exchange for money in “a dirty, dirty, dirty contract.” See Exhibit E.
More recently, in April 2021, Skadden agreed with federal authorities to a $1 million dollar disgorgement of fees earned in a bankruptcy case for conflict of interest “disclosure violations” that the US Trustee found “particularly concerning.” See, article attached as Exhibit F.Dear Friends,
The great American experiment with our amazing constitution, our guarantees of freedom, and our goals of life, liberty, and the pursuit of happiness have been wonderfully successful for over 200 years. Even with our dark history of slavery, the country corrected that inequity with a Civil War. Even with a depression in 1929, our country overcame terrible economic times, fought two world wars victoriously, and created a prosperous society.
When we combine the American natural resources with our freedom-based society revolving around capitalism, there should never be a reason for Americans to suffer economic desperation. Our huge assets of minerals, oil, and a country filled with many innovative citizens have always created limitless opportunities for our people.
Unfortunately, leadership that becomes self-serving, usually supported by incompetent malcontents, can and will destroy a society, creating a world of unhappiness, desperation, and acute suffering.
The election of Joe Biden, in my view, the worst President in United States history, has put our great nation in danger of losing its essence and its soul. This man who has lined his pockets, through despicable influence peddling, with the help of his son Hunter, has, as a result, compromised our natural security and economic stability.
Folks, Biden has intentionally destroyed our oil industry, taking us from energy independence to depending on foreign oil. Biden has opened our Southern border, illegally allowing millions of undocumented, un-vetted people from all over the world to invade our society. Criminals, terrorists, drugs, and sex trafficking are out of control. Over 100,000 Americans have died of drug overdoses as a result of Biden’s policies.
The debacle (created by Biden) of the disgraceful, military withdrawal from Afghanistan, making the Taliban the best-equipped terrorist organization in the world, is the reason Putin felt comfortable invading Ukraine. The corruption and weakness of Joe Biden and his insipid followers are clearly apparent and as a result, we as a nation are going to suffer terribly.
Inflation in every aspect of our economic operation is just beginning and a recession of paramount proportions is inevitable. It is the sole responsibility of President Joe Biden who is intentionally disrupting everything good about America and creating a socialistic society of control, mediocrity, and desperation.
Folks, this cannot be allowed to continue. In November, we must remove this evil operation by taking back the House and Senate, then electing a Republican President in 2024. Biden and his vicious sycophants are the most dangerous people on the planet and the possibilities of their actions are frightening.
That is the way I see it. As always your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Hunter Biden and Andre Bouchard make for odd bedfellows and it has sparked quite the feedback frenzy from you, my readers. Here’s the top dozen feedbacks – from both sides of the political aisle – from the past couple of columns on our dethroned Chancellor and the man who is about to help his father get dethroned.
Read on and keep ’em coming, folks!
“What kind of judge, past or present, uses a secret email account?
What the hell is he up to? This can’t be investigated?”
-Franklin
“I don’t think the attorney general is going to do anything.”
-Tony
“Bouchard is shady, as you’ve said. Thank God he’s out of office!”
-Karen
“That you were able to find this out is impressive, Judson.
Keep up the good reporting.”
-Joanie
“Terrorists, drug dealers and Delaware judges?
How is this allowed to happen?”
-Danny
“I hope he gets arrested someday.
No one will be surprised.”
-Tim
“I’m sure you’d feel differently if Biden were a Republican.”
-Thomas
“With friends like these, who needs enemies? You know the drill.
Delaware has many issues. These two are case one and case two.”
-Sandra
“The timing of Hunter’s emails and Bouchard’s time in court…
Let’s hear more on that, Judson.”
-Sam
“Biden and Bouchard deserve each other.
They are two crooks.”
-Harry
“I think this is a whole lot of nothing here. Your politics is clouding your vision.”
-Felix
“Delaware is much better off without Bouchard. Period.”
-David
Thanks again, folks. Your thoughts are always appreciated.
Respectfully Yours,
JUDSON Bennett, Coastal NetworkHunter Biden Says He’s Personal Friends with Ex-Chancellor Andre Bouchard. You Judge a Judge by his Friends.OPINION
Dear Friends,
During negotiations, Hunter Biden threatened business associates with his ability to control outcomes in Delaware Chancery Court. At the time of his email, he says he is personal friends with all the Chancellors, and that he can automatically win there because of who he knows. Of course, the timing of Hunter’s emails which are under scrutiny tracks precisely with Bouchard’s tenure as Chief Chancellor. Coincidence? Seems unlikely.
Also seems like further confirmation of what I’ve been saying about what I’ve been saying all along… Chancery is a feudal, unfair, and archaic system that is desperately in need of reform.
Please check out this NBC News article. As always, your feedback is appreciated.
Respectfully Yours,
JUDSON Bennett, Costal Network
The hard drive and documents from Senate Republicans indicate few of Biden’s deals ever came to fruition and shed light on how fast he was spending his money.
From 2013 through 2018 Hunter Biden and his company brought in about $11 million via his roles as an attorney and a board member with a Ukrainian firm accused of bribery and his work with a Chinese businessman now accused of fraud, according to an NBC News analysis of a copy of Biden’s hard drive and iCloud account and documents released by Republicans on two Senate committees.
The documents and the analysis, which don’t show what he did to earn millions from his Chinese partners, raise questions about national security, business ethics and potential legal exposure. In December 2020, Biden acknowledged in a statement that he was the subject of a federal investigation into his taxes. NBC News was first to report that an ex-business partner had warned Biden he should amend his tax returns to disclose $400,000 in income from the Ukrainian firm, Burisma. GOP congressional sources also say that if Republicans take back the House this fall, they’ll demand more documents and probe whether any of Biden’s income went to his father, President Joe Biden.
“No government ethics rules apply to him,” said Walter Shaub, a former director of the U.S. Office of Government Ethics who is now an ethics expert with the Project on Government Oversight. Shaub added, however, that “it’s imperative that no one at DOJ and no one at the White House interfere with the criminal investigation in Delaware.” Shaub had previously raised questions about Hunter Biden’s new line of work, selling his own paintings, which created the potential to purchase a painting to buy perceived influence, and also because the White House became involved in the transactions, arranging that none of the buyers’ names be known to Biden, the White House or the public.
Frank Figliuzzi, the FBI’s former assistant director for counterintelligence, said there is a national security risk when foreign powers like China see an opportunity to get close to someone like Biden. “It’s all about access and influence, and if you can compromise someone with both access and influence, that’s even better,” said Figliuzzi, now an NBC News contributor. “Better still if that target has already compromised himself.”
The documents and the analysis indicate that few of Biden’s deals ever came to fruition and shed light on how fast he was spending his money. Expenditures compiled on his hard drive show he spent more than $200,000 per month from October 2017 through February 2018 on luxury hotel rooms, Porsche payments, dental work and cash withdrawals.
Biden has admitted to burning through cash to pay for drugs and partying with strangers who routinely stole from him, and he struggled to pay multiple mortgages or keep up with alimony and child support payments to his ex-wife. In his autobiography, “Beautiful Things,” he says the money from Burisma “turned into a major enabler during my steepest skid into addiction” and “hounded me to spend recklessly, dangerously, destructively. Humiliatingly. So I did.”
In a February 2017 divorce filing, an attorney for Biden’s ex-wife said the couple’s outstanding debts were “shocking and overwhelming” and that they owed $313,000 in back taxes. According to the filing, they had bounced checks to their housekeeper and owed money to doctors and therapists. The filing alleged that Hunter Biden had spent copiously on drugs, strip clubs, prostitutes and girlfriends “while leaving the family with no money to pay legitimate bills.”
A representative for Biden says all of his tax responsibilities to the IRS are now satisfied. Two sources familiar with the matter have confirmed to NBC News that Hollywood attorney Kevin Morris began advising Biden in 2020 and arranged to pay off the approximately $2 million Biden owed the IRS.
Legal experts say, however, that paying the bill won’t relieve Biden of criminal liability or necessarily erase his debts.
NBC News analyst Chuck Rosenberg, a former Justice Department official, said that Biden’s paying what he owes could even be seen as an admission of criminal violations. Not paying taxes for many years, rather than one or two, Rosenberg said, helps establish intent, which can otherwise be a struggle for prosecutors in white-collar cases.
Paying the bill, Rosenberg said, might help Biden if he faced sentencing and “mitigate some of the damage, but it doesn’t undo the crime. That would be like returning money to a bank that you robbed. You still robbed the bank.”
Biden is represented by former federal prosecutor Christopher Clark in the ongoing criminal investigation in Delaware. Clark declined to comment on the record. The U.S. Attorney’s Office in Delaware declined to comment.
NBC News obtained a copy of Biden’s laptop hard drive from a representative of Rudy Giuliani and examined Biden’s business dealings from 2013 to 2018 based on the information available on the hard drive and the scope of the documents released by the Senate.
The Republicans on the Senate Finance and Homeland Security committees, then chaired by Chuck Grassley of Iowa and Ron Johnson of Wisconsin, respectively, issued their first report on Biden’s business dealings in September 2020. The 87-page report said Biden had “cashed in” on his name, but Johnson said in an interview before its release that the report included “no massive smoking guns.”
Now in the minority, the Republicans from the two committees are still reviewing and analyzing several hundred pages of financial and business documents tied to Biden and his business associates, according to a person familiar with the committee’s work.
Biden has denied any illegal activity, and he told CBS News in an interview that he is “cooperating completely” with the federal investigation in Delaware. “And I’m absolutely certain, 100 percent certain,” he said, “that at the end of the investigation, I will be cleared of any wrongdoing.”
Biden and China
Biden made $5.8 million, more than half his total earnings from 2013 to 2018, from two deals with Chinese business interests.
Biden’s most lucrative business relationship was acting as a consultant in a project with a company that belongs to a once-powerful Chinese businessman who is now thought to be detained in his homeland.
According to business records referred to in the Senate report, Hudson West III, a venture funded by the Chinese oil and natural gas company CEFC and its chairman, Ye Jianming, paid $4,790,375.25 to Owasco P.C. over about one year.
President Joe Biden talks with his son Hunter Biden, who is holding the president’s grandson Beau Biden, as they walk to board Air Force One at Andrews Air Force Base, Md., on March 26, 2021.Patrick Semansky / AP fileFilings with the Washington, D.C., government show Owasco P.C. is controlled by Hunter Biden.
A review of the personal and corporate emails on Biden’s hard drive yield little information about any business he conducted on behalf of Hudson West III, and his autobiography doesn’t discuss his Chinese business dealings in any detail.
One of the few potential business opportunities discussed appears in a series of email exchanges among Biden, several U.S. partners and Chinese individuals associated with Hudson West III.
They talked about a potential gas deal on Monkey Island in Louisiana in 2017, but it appears no deal was made, and no publicly available documents indicate any sort of purchase, sale or agreement.
SPANISH NEWSPAPER EXPOSE
Protonmail – A Swiss Untraceable Email Featured is “Mr. Robot” is the Perfect Communication Systems for Drug Dealers, Russian Hackers, Terrorists. And can you guess who else is a customer… Chancellor Andre BouchardA Spanish Newspaper has confirmed that Andre Bouchard Conducted State Business on the Infamous Swiss Email System, ProtonmailOPINION
Dear Friends,
Terrorists, drug deals, and hackers have Swiss-based Protonmail accounts to evade law enforcement. Perhaps crooked judges too?
Who else conducted Delaware State Business on a Protonmail account? You guessed it… Former Kingpin Chancellor Andre Bouchard.
Nothing else I have sleuthed and written about deserves more scrutiny than this. If it disturbs you that a Delaware judge would conduct state business on a Swiss-based encrypted untracable email system, impossible for U.S. authorities to access, that is frequented by drug dealers, hackers, and terrorists…
I don’t know who to tell you to call. The Delaware Attorney General represents Bouchard, and is therefore a stoolie. The U.S. Attorney General for Delaware? They need to look into what is Bouchard hiding? Is he conducting sketchy business using the service?
Send your feedback or ideas on this one, folks. Agree or disagree, it’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
https://www.sueldospublicos.com/texto-diario/mostrar/3693305/protonmail-imaginas-servidor-correo-electronico-solo-puede-fiscalizar-suiza
ProtonMail: Can you imagine that an email server can only be audited in Switzerland?
Delaware is still installed in the field of opacity and cronyism
A few weeks ago, we told how two businessmen had obtained a millionaire commission with the sale of medical supplies to the Madrid City Council during the worst months of the Covid-19 pandemic. And all thanks to the fact that a contact provided them with an email address of a managerial position, at the same time an official, of the consistory itself to initiate the negotiations. The matter is already in the hands of justice and those involved are being investigated and have already testified in court.
Imagine for a moment that this email service could not be supervised in Spain and there was no way to prosecute the crime and compensate the damage to the treasury. A similar thing, but with another context, is happening in Delaware, the famous state on the east coast of the United States that is still installed in the field of opacity and cronyism.
And it is that using a specific email service to send messages in the Public Administration of the United States, but that only responds to the Swiss justice is not ideal when assessing the level of transparency of an entity. More if there is a former judge, a law firm, leaks and favoritism involved.
All this has happened in Delaware, one of the most attractive states to create and register businesses, with a beneficial and flexible legal framework, with less than a million inhabitants, but with more companies than registered neighbors and a history of corruption and opacity that still doesn’t disappear. It so happens that for 36 years, the current president of the United States, Joe Biden , was a senator from this state, his usual place of residence before accessing the White House.
The ProtonMail case
Over time, episodes continue to be revealed that explain the opacity of the Delaware judicial system. The last one, the use of the ProtonMail email service, erecting another wall in the obstacle of the transparency of the processes of the Supreme Court of the United States. A web server that can be used all over the world – it has more than 25 million users – but that only responds to the Swiss justice system, so that no American investigation can access the information in the mail, guaranteeing that scams and favoritism of former judge André Bouchard and his friends at elite law firms like the Skadden law firm do not leak out in the form of email.
This information is added to the evidence that shows failures in the Delaware judicial system: absence of security cameras in courtrooms, refusal to reveal the public salaries of judges, not having traceability of administrative documents or the null restrictions that they appear before the incorporation of judges who come from the private sector.
The citizen association Citizens for a Pro Business which has championed the citizen struggle to return Delaware to the field of transparency and competitiveness, has shown its rejection through its spokesperson, the words of its Chris Coffey: “When figures like André Bouchard continually position themselves on behalf of their friends and former colleagues at elite law firms at the expense of the people and use the notorious ProtonMail encrypted web service to conduct their business, it makes clear why Delaware’s bad reputation for corruption and favoritism continues to smolder.”
Billions, corruption in a television series
Showtime’s acclaimed series “Billions” shows in the chapter “Implosion” of its fifth season the corruption and secret deals that abound in the Delaware courts with an example from a book: Mike Prince, who was former vice president with Donald Trump, is one of the characters in the series and Axelrod’s billionaire rival with billions invested in corporations in the state, visits the Delaware attorney general and threatens to move his companies elsewhere, leaving the prosecutor to explain the thousands of vanished jobs. He quickly agrees to Prince’s requests and offers to appoint a trusted member for Axelrod’s bank board that will be able to do damage from within. The series, clearly, explains the operation of the corrupt practices and the favorable treatment that is frequent in the Supreme Court of Delaware.
What’s more, Biden’s son Hunter Biden wrote in March 2018, when he had unfinished business, that he would file “the lawsuit in the Chancery Court of Delaware – which as you know is my home state, and I am privileged to have worked and meet all the judges of the chancery court”, as collected by the Washington Post .
One of the best known cases of lack of transparency and accountability in Delaware was the one that occurred at the TransPerfect company . In an article published by this website in March of last year, we explained that the judge of the Delaware Supreme Court, André Bouchard , ordered the forced sale of this private company in the translation sector that generated profits and employed 4,000 people. His second largest delegation is in Spain. Fortunately, the forced sale of the firm was resolved with the purchase of the majority shareholder who decided to implement improvements in the company.OPINION
Dear Friends,
Sir Richard Branson recently gave an inspiring live, in-person keynote address to over 1,000 members of TransPerfect’s global workforce. My contacts at the company confirm his enthusiasm and warm reception.
His appearance at the company has me reflecting on our sad Chancery Court, which tore down the diverse employees, not raising it up, as Sir Richard did. Bravo.
Chancery, in its original concept, is British, yet England’s court was never marred by the corruption and scandal that currently stains the Delaware Chancery Court.
I see Sir Richard’s speech as an interesting development. I wish I could have heard it. I wonder if it was similar to Winston Churchill’s famous parliament that motivated England to prevail over Germany?
Perhaps in some metaphorical way, it takes a true knight to slay dragons. A metaphor I’m contemplating on this day thanks to Sir Richard.
Your thoughts?
God Save Delaware,
JUDSON Bennett–Coastal Network
Sir Richard Branson Delivers Keynote Address at TransPerfect’s 30th Anniversary ELEVATE Conference
TransPerfect President and CEO Phil Shawe speaks at the company’s ELEVATE conference in Amsterdam
NEW YORK and AMSTERDAM, May 12, 2022 – TransPerfect, the world’s largest provider of language and technology solutions for global business, celebrated its 30th anniversary at the company’s ELEVATE global conference held in Amsterdam this past week. The four-day event was capped by an engaging and interactive session with Sir Richard Branson. Additional program keynotes featured Liz Wiseman, author of Impact Players and Multipliers, as well as Natalie Reynolds, author of We Have a Deal.
ELEVATE was TransPerfect’s largest-ever internal event and the most ambitious professional development initiative in the company’s history, with more than 330 sessions led by a combination of internal and external speakers. TransPerfect’s Chief Technology Officer, Mark Hagerty, was honored by the company with a lifetime achievement award.
“At ELEVATE, our goal was to bring all divisions of TransPerfect together to highlight the importance of teamwork and innovation,” commented Kevin Obarski, Chief Revenue Officer for TransPerfect. “It’s essential that we continuously learn and raise our ability to deliver transformative solutions for our clients.”
TransPerfect President and CEO Phil Shawe stated, “ELEVATE was a rare opportunity for us to come together, train, and collaborate on new ideas that will better support our customers. Special thanks to the TransPerfect team members who led sessions, sharing their knowledge and experience with colleagues.”
OPINION
Dear Friends,
My recent column illustrated how Donald Trump’s federal court fine pales in comparison to our Corrupt Chancery Court, which makes its own rules as if no one is watching. Trump, worth $3 billion, got slapped with a $10,000-a-day fine, while Delaware’s Chancery Court issued an outrageous $30,000-a-day fine for TransPerfect, in a corrupt move, getting allegedly fraudulent legal bills paid to cronies.
While a federal judge halted Trump’s fine, our Bouchard and McCorrupt Chancery Court did as they wished, as Good Old Boys have their own rule of law in America’s First State.
Your feedback was fast and furious as this comparison made the crimes easy to see for so many of you.
Please see your feedback below:
“Damn Jud, you make a stark point here.
Bouchard is as crooked as they come.”
-Carl
“Trump is getting off easy here. He’ll never pay a dime.”
-Benjamin
“How can the court issue $30,000 in Delaware when the federal court is issuing $10,000?
It’s a scam how they run things here.”
-Larry
“How is the Chancery Court able to get away with this?”
-Marie
“I want to hear more on this one, Jud. It won’t stick.”
-Paul
“Shawe got screwed here. Trump appealing.
We all know the Good Old Boys are running the show.
Keep firing shots from your perch, Judson.”
-Eric
Keep ’em coming, Jud. Raise some hell.
-Frank
Time will show that you had this nailed long before anyone else in the press.
-Jeff
Thank you for your feedback. Keep it coming, as it is always appreciated.
Maybe I’ll feature your feedback next!
Forever Delaware,
JUDSON Bennett-Coastal Network
Emails From Hunter Biden’s Laptop Confirmed Delaware Chancery Court Decision Could be Bought and Paid For. Is Chancellor Kathleen McCormick Maintaining Bouchard’s Suspicious Activity or Providing More of it? Reporters Are Starting to Ask.
OPINION
Dear Friends,
Mainstream publications are now catching on to the overt corruption exhibited by Chancellors in their nonsensical rulings, which somehow always favor their cronies, friends, past employers, and political allies.
The well-respected legal magazine Legal Reader has just published an expose on Chancery Corruption.
Chancellors Andy Bouchard and Kathaleen McCormick have so much blood on their hands, it’s clear to me, they couldn’t atone for their sins with 1,000 confessions.
Please read this mainstream reporter’s take, and share your thoughts. As always, your feedback is always welcome.
Forever Delaware,
JUDSON Bennett–Coastal Network
https://www.legalreader.com/is-something-rotten-in-delaware/
Is Something Rotten in Delaware?
JAY W. BELLE ISLE — May 2, 2022
Whether there is an unstated agreement among Delaware’s legal and business consultants and operators and the judges of the Chancery and other courts to find creative ways to continue tapping companies embroiled in the court system would take a longer and more comprehensive investigation.
Justice is a question that is often raised when dealing with courts, lawyers and the clients they serve. There’s the constitution and then legislative initiatives that seek to clarify, enforce, amend, or enhance the laws to which lawyers and judges must adhere. There are also the separate set of rules that businesses and corporations must follow when they are governed by certain states, and in this case, the Delaware Court of Chancery and Delaware General Corporation Law (DGCL), which claim to be about equity rather than law, so to speak. These cases involve remedies other than monetary damages, such as injunctions, writs, or specific performance. This isn’t to claim that a court of equity isn’t about following the law, and the distinction between these has become opaque ever since the United States adopted the Federal Rules of Civil Procedure in 1938, giving most courts a combined jurisdiction over matters of law and equity. Delaware remains one of the holdouts of separation.
There is a long and drawn-out case in Delaware that began in 2014 over the corporate breakup of a private company’s two founders, and this issue of equity versus law was prevalent. The company in question, TransPerfect Global, a worldwide privately held translation and legal services company was forced into what some argue was a misguided or even unlawful public auction/forced sale by the Chancery Court. The Delaware Chancellor argued the company’s shareholders were hopelessly deadlocked and that the business was in danger of falling into various forms of financial ruin and default. Based on the eventual sale price of $770 million and based on the facts that the company at that point – even through the very public and distracting legal battle – had never had a down quarter, or down month for that matter, the court’s decision has been heavily scrutinized.
The company’s founder and now sole owner, Phil Shawe, sought out the constitutional attorney Professor Alan Dershowitz to argue that it was an “illegal taking” based on the Fifth Amendment, but the Delaware Supreme Court upheld the ruling and the sale process proceeded.
Anyone can look up the details of this case and see where it has gone, and it is certainly not over yet. Following the successful public auction in 2017, in which Shawe effectively won the company he co-founded and manages as CEO, he and the firm have been tied up in litigation in Delaware over what they argue is unfair treatment by a system established by insiders to keep the business of incorporations in Delaware in business.
The victory cost Shawe not only the hundreds of millions of dollars in the purchase price, which he was prepared for and even offered prior to the commencement of the lawsuits, but an additional $125 million in legal fees and expenses. Yet, perhaps more importantly, he claims he has been subject to fee gouging by the law firms involved, and complicity by the former Chancellor of the Delaware Chancery Court who just “rubber stamped” the fee requests, mainly by mega-law firm Skadden Arps.
When the company was put up on the auction block, the Chancellor, Andre Bouchard, who has since resigned from the court to go back into private practice, assigned his friend and former colleague Robert Pincus, a partner at Skadden, as custodian to manage the company and prepare it for sale. Pincus, as a Bloomberg article suggested, had “unbridled authority over the entire sale,” and had “carte blanche to hire consultants, approved non-itemized billing of exorbitant fees, and, finally, would not grant Shawe, who was ordered to pay the Custodian, permission to review Shawe’s own bills!”
Skadden, a firm where Bouchard had also previously worked, refused allow Shawe or TransPerfect to inspect or see the more than $15 million in legal bills, and Chancellor Bouchard required the company to pay them sight unseen. Shawe believes that The Chancellor appointed his former colleague and good friend Pincus, who in turn, effectively billed TransPerfect close $50 million for his services over the entire period, and they submitted the invoices under seal – sealed from the client’s eyes – and the Chancellor approved and ordered the payments to Skadden.
After legal wrangling, Shawe was finally able to view some of the invoices. One invoice, when the Chancellor was indeed finally compelled to review and not merely approve the invoices, showed that Skadden invoiced $200,000 for generating an invoice, of which even the Chancellor asked, “Is it typical? I’m not aware of it happening… I’m talking about [billing for] the actual generation of an invoice…?”
In considering this question, one of Bouchard’s final decisions before stepping down in April 2021 was to disallow 15% ($625,000) in fees charged to TransPerfect by Skadden. TransPerfect had hired a third-party legal fee expert who concluded that $1.7 million of the $3.5 million charged by Skadden in one set of invoices was unjustified over-billing.
Bouchard had also suggested that going forward, Skadden should at least provide billing details, time spent, and the billing rates of Skadden Arps’ attorneys. This disallowance decision may have stemmed from the ruling of U.S. District Court Judge Mark A. Kearney of the Federal District Court of Pennsylvania in early April 2021 that Bouchard had “ordered TransPerfect to pay $44.5 million in undocumented fees and costs.”
The legal maneuvers are current, and Skadden is still not detached from TransPerfect. More than four years after the court ordered sale has concluded, the language company is still being billed regularly by Skadden for issues it claims are remaining from the sale process. This opened the door for more scrutiny about the business of doing business in Delaware. In fact, in the melee over Delaware’s own President Joe Biden’s son Hunter and his now infamous laptop, the Washington Post ran a story quoting the younger Biden writing to a business associate with whom he was challenging over some fee, “I will bring suit in the Chancery Court in Delaware — which as you know is my home state and I am privileged to have worked with and know every judge in the chancery courShawe has maintained that the First State’s courts, judges, and the lawyers are all somehow connected, and each helps the other feed off the various legal opportunities. In a similar matter, Skadden Partner Pincus was appointed as a special master by U.S. District (for Delaware) Judge Leonard P. Stark to oversee the sale of the petroleum company Citgo to enforce a $1.2 billion arbitral award against Venezuela. All of the parties, Pincus included, agreed to a legal fee cap, but then Pincus exceeded that cap in his billings, and the judge enforced the payment under challenge from Citgo. Pincus, in this case, reduced his fees with the caveat that he “hesitate[d]” to offer the concession for fear of making it appear that the reduction was warranted or of establishing a pattern for every time a party objects to his fees.
Whether there is an unstated agreement among Delaware’s legal and business consultants and operators and the judges of the Chancery and other courts weighing in on the business climate, to find creative ways to continue tapping companies that find themselves embroiled in the court system, would take a longer and more comprehensive investigation. That the case of TransPerfect leaves many unanswered questions is certain.
For its part, the company that was declared to be “hopelessly deadlocked” in 2015, has still not had a down sales month, and during the period of Covid-19 shutdowns, it saw growth that helped it top $1B in revenues. In April 2022, TransPerfect saw its first quarter revenues grow by 20% over the same period last year and is now celebrating its 30th anniversary. Maybe these figures should be factored into any equation on how the company was being run then and if some of the decisions made, and still are being made, might have been for other than altruistic DGBL reasons.”
Inequitable Actions and Conflicts of Interest in TransPerfect Case – Question is Why?
Dear Friends,
After observing former Delaware Chancellor Andre Bouchard’s operation for several years and, in my opinion, seeing innumerable appearances of impropriety, obvious bias, and unprecedented rulings in the Chancery Court, where the TransPerfect coffers were seemingly raided with rulings that allowed Skadden Arps and former Custodian Robert Pincus to invoice Shawe and TransPerfect without explanation or itemization, causing consternation, fear and uncertainty for their employees.
Finally, Bouchard fled his post five years before his term was up. Millions of dollars were – in the view of company executives and yours truly – illegitimately billed for work not done, and bills were even submitted for preparing invoices. Unbelievable and yet somehow allowed?!
There was much hope in company ranks and the Delaware legal community that the new Chancellor, a woman, Kathaleen McCormick, would bring a fresh, open, honest, and reasonable perspective to the Chancery Court and maybe even stop the fleecing of the world’s number one translation company.
Unfortunately, that was not the case. Conflicts of interest, having worked for TransPerfect’s number one competitor, require a recusal, and on top of that, McCormick has maintained the apparent and wrongful fleecing of the TransPerfect funds. The big question is why?
In my view, the “Delaware Way”, the Good Old Boys winking and nodding, and their incestuous cronyism has Chancery Court operators getting special consideration. It appears McCormick would prefer to maintain an elite, omnipotent situation that has infested the Delaware legal system for years, instead of bringing a fresh perspective of clear fairness and equity.
Folks, there should never be the slightest doubt. All conflicts of interest should be eliminated and decisions should be based on formerly decided matters, known as “stare decisis”, which is the legal principle of determining points in litigation according to precedent.
There should be no doubt as to the impeccable integrity of Delaware’s once esteemed Court of Chancery. Unfortunately, it seems this is not the case. That is the way I see it.
Let me know what you think. As always, your feedback is welcome and appreciated.
Yours Truly,
JUDSON Bennett-Coastal Network
Unless You Account for Not Paying Good Old Boy Cronies Fast Enough
Dear Friends,
I’m motivated to share with you, folks, when I run across something that is black and white, showing financial abuse. Financial crimes that I’ve written about by Delaware’s Chancery Court benefitting the seedy law firm Skadden Arps are typically quite complicated. In this case, it’s plain for all to see.
Former President and one of my idols, Donald J. Trump, is worth $3 billion. Trump, as a billionaire, got a $10,000 a day fine in Federal Court. Yet, Delaware’s Chancery Court issues $30,000 per day fines for TransPerfect CEO Philip Shawe, just to get questionable legal bills paid to cronies.
Here’s a federal judge giving a $3 billion net worth person a $10K a day fine, while a hard-working company that built itself up from a dorm room that sold for one-fourth that amount at auction has been fined 3-times that amount – a $30K a day fine, whenever they can. What are these fines for? Not paying their Good Old Boy cronies fast enough for false, fraudulent bills, as I clearly see it, folks!
See the Reuters story below for the net worth of our esteemed former Executive-in-Chief Donlald J. Trump.
Please share your feedback, folks. It is always welcome and appreciated.
Forever Delaware,
Judson Bennett–Coastal Network
April 25 (Reuters) – A New York judge on Monday held former President Donald Trump in contempt of court for not producing documents subpoenaed in the state attorney general’s civil probe of his business practices, and ordered Trump to be fined $10,000 per day until he complies.
Trump lost a bid to quash a subpoena from state Attorney General Letitia James, and then failed to produce all the documents by a court-ordered March 3 deadline, later extended to March 31 at his lawyers’ request.
Justice Arthur Engoron ruled that a contempt finding was appropriate because of what the judge called “repeated failures” to hand over materials and because it was not clear Trump had conducted a complete search for responsive documents.
“Mr. Trump … I know you take your business seriously, and I take mine seriously. I hereby hold you in civil contempt,” the judge said, although Trump himself was not in the courtroom.
Trump intends to appeal the contempt ruling, said his attorney Alina Habba. “We respectfully disagree with the court’s decision,” Habba said in a statement.
Should Trump fail to pay the fine, he could be jailed, according to Sarah Krissoff, a New York lawyer not involved in the case, though she said such a scenario was unlikely and the judge could opt for other remedies such as increasing the amount of the fine.
James is investigating whether the Trump Organization, the former president’s New York City-based family company, misstated the values of its real estate properties to obtain favorable loans and tax deductions.
She has said the more than three-year-old probe found “significant evidence” that the company included misleading asset valuations in its financial statements for more than a decade.
“Today’s ruling makes clear: No one is above the law,” James said in a statement on Monday.
Trump, a Republican, denies wrongdoing and has called the investigation politically motivated. James is a Democrat.
The attorney general has questioned how the Trump Organization valued the Trump brand, as well as properties including golf clubs in New York and Scotland and Trump’s own penthouse apartment in Midtown Manhattan’s Trump Tower.
Also on Monday, Engoron granted a motion by James’ office to compel real estate firm Cushman & Wakefield to comply with certain subpoenas. Cushman conducted appraisals for several Trump Organization properties.
Trump and two of his adult children, Ivanka and Donald Jr., also were subpoenaed and ordered to provide testimony to the attorney general. An appeal is pending for the testimony.
Andrew Amer, special litigation counsel with the attorney general’s office, said during the hearing that the $10,000-a-day fine was meant to coerce Trump into complying with the subpoena, not punish him.
Habba told the judge that Trump did indeed comply with the subpoena, but that he did not have any documents responsive to James’ request. Engoron said she would have to submit a detailed affidavit about her search of Trump’s records in order to be in compliance with the subpoena.
Such an affidavit would need to show that Trump’s team had conducted a diligent search for documents, said Halim Dhanidina, a former California judge now practicing as a lawyer.
“The court’s not going to just take someone’s word for it,” Dhanidina said.
The Trump Organization’s property valuations are also the subject of a criminal probe in Manhattan, which last year led to the indictment of the company’s chief financial officer.
Manhattan District Attorney Alvin Bragg said this month that probe is ongoing despite the departure of its two top lawyers.
Reporting by Luc Cohen and Karen Freifeld; editing by Jonathan Oatis, Noeleen Walder and Howard GollerOPINION
Dear Friends,
What’s crazier than Elon Musk buying Twitter just 10 days after he said he’d do it? The Biden administration creating a “Disinformation Governance Board”?! It’s a dark day for free speech. As I watch this drama in Washington D.C., I think of my beloved Delaware, where free speech is gagged, in our Chancery Court and our newspaper of record.
Free speech doesn’t exist in Joe Biden’s home state, as I clearly see, folks, where the Delaware News Journal refuses to cover our Chancery Court’s robbing of TransPerfect, nor the Hunter Biden laptop scandal. Both are front-page stories in America’s First State.
Instead, we get deafening silence.
Florida Republican congressional candidate Dr. Willie J. Montague calls the federal government’s Disinformation Governance Board “dystopian” and “Orwellian.” Missouri Senator Josh Hawley calls it a “disgrace”.
Dystopian, Orwellian and disgrace are exactly what I see as the state of our media in Delaware, where you have Good Old Boys Club influence over what you read in the News Journal about Biden’s criminal laptop and the disgraceful Chancery Court of Bouchard and McCormick.
See the Fox News story about this 1984-like government board. I hope you see the similarities here folks, as I do. Either way, please share your feedback, folks. It is always welcome and appreciated.
Forever Delaware,
Judson Bennett–Coastal Network
https://www.foxnews.com/politics/critics-slam-timing-bidens-ministry-of-truth-police-internet-disinformation.amp
Conservatives referred to the move as ‘Orwellian’
By Andrew Mark Miller | Fox News
Conservatives on social media slammed the Biden administration after it was announced that a “Disinformation Governance Board” is being established to combat “disinformation” in the 2022 midterms.
Homeland Security Secretary Alejandro Mayorkas testified Wednesday that a Disinformation Governance Board had recently been created, days after Tesla CEO Elon Musk purchased Twitter, to combat online disinformation and will be led by Undersecretary for Policy Rob Silvers and principal deputy general counsel Jennifer Gaskill.
“The goal is to bring the resources of (DHS) together to address this threat,” Mayorkas said, adding that the department is focused on the spread of disinformation in minority communities.
Missouri Sen. Josh Hawley referred to the board as a “disgrace” and wrote a letter to Mayorkas demanding answers as to how the board will operate.
“Is there anything more dystopian than a Disinformation Governance Board run by the federal government?” Florida Republican congressional candidate Dr. Willie J. Montague tweeted, adding in a later tweet that the board is “Orwellian.”
“They didn’t need a ‘Disinformation Governance Board’ until @elonmusk threatened their control over the narrative,” Texas Republican Congressman Troy Nehls tweeted.
Politico reported that Nina Jankowicz, who previously served as a disinformation fellow at the Wilson Center, will head the board as executive director.
Jankowicz suggested during the 2020 presidential election that Hunter Biden’s laptop, which has been verified by multiple media outlets, was a “Russian influence op.””The libs spent the last weeks planting the seeds for the back-up plan in case the Twitter deal actually happened,” Republican Congresswoman Lauren Boebert tweeted. “Today’s news of a Biden backed ‘Disinformation Governance Board’ is dystopian. They can’t afford to let the truth be anything but what they say.”
“Biden’s ‘Disinformation Governance Board’ is a real-world Ministry of Truth,” Daily Wire reporter Megan Basham tweeted. “A conservative movement that doesn’t fight this with everything it has isn’t worthy of the name. Or the name American.”
Jankowicz retweeted her comment on Wednesday, claiming that she was simply live tweeting the presidential debate between Biden and Trump.
DHS did not immediately respond to a request for comment from Fox News.
Fox News’ Bradford Betz contributed to this reportOPINION
Dear Friends,
I’ve written recently about Hunter Biden. The man seems to be intent on destroying his father’s presidency. Last month, I uncovered that he threatened to wield the Delaware Chancery Court as a weapon, which was under his full control. This is a man of many frauds. His laptop scandal continues to unveil shocking details. His words on corrupt Chancery Court judges are damning.
Here are his words, directly from the Washington Post story, “I will bring suit in the Chancery Court in Delaware — which as you know is my home state and I am privileged to have worked with and know every judge in the chancery court,” he wrote on March 14, 2018.
I’m sharing more of your comments below from my recent columns on his laptop, frauds, threat to Democracy and Delaware’s Chancery Court.
Here is more of your feedback –
“It’s good that we’ve gotten rid of some of these unethical state actors, as you call them Jud.
Now, let’s have our leaders get rid of the rest.”
-Eric
“This corruption has got to take down Biden, after ruining his home state.”
-Lucy
“This guy is a flat-out crook!”
-Amey
“If only we had done something. Is it too late? The lack of ethics is disgusting.”
-Tom
“Maybe Hunter is connected with the Good Old Boys.
Would any of us be surprised?”
-Dean
“That arrogant, drug addicted bastard needs to be locked up.
Delaware is so corrupt and the Bidens are right in the middle of it.
Shocking article. Great work.”
-Al
“This laptop scandal has grown and grown. No one reported on it, except Conservative outlets.
Now look at this. It is growing too large for the Bidens to contain.”
-Frank
“China, Russia, Ukraine. How sinister is this guy? How much does his father know?
Can this take down our President! Keep reporting on this, Judson.”
-Susan
“Americans are paying the price for this arrogant criminal family.
They need to be arrested. All of them. Child porn is the worst of it.”
-Stanley
“God will bless America in our next election.
You can count on it, Jud!”
-Eric
Thank you as always for your comments and keep them coming.
It energizes me when your comments come in. Whether you agree or disagree with me, they are always welcome.
Sincerely Yours,
Judson Bennett–Coastal NetworkOPINION
Bouchard Thought He Was Above The Law and The Constitution andHe Paid the Ultimate Price By Being Forced to Resign Over the TransPerfect Scandal
Dear Friends,
In my view folks, it wasn’t enough. He should be behind bars.
“The Fifth Amendment protects the life, liberty and property of all persons from destruction or aggression by the government without due process of law. Due process requires a jury trial at which the government must prove fault.
Thus, property cannot be seized temporarily or taken permanently without either a search warrant or a jury trial.”
After illegally seizing private property stock to enrich his cronies—how is Bouchard still walking free? Paid by the very same law firm he enriched by over $1.7 million!
Unlike Bouchard and Skadden Arps, my view is that property rights are essential to democracy. What’s your view? See the story below.
Please share your feedback, folks. It is always welcome and appreciated.
Forever Delaware,
Judson Bennett–Coastal Network
By Andrew P. Napolitano
April 21, 2022
Most judges and lawyers agree that the war on drugs in the past 50 years has seriously diminished the right to privacy guaranteed by the Fourth Amendment.
Now a small group of legal academics is arguing that the war in Ukraine should be used to diminish property rights guaranteed by the Fifth Amendment.
Here is the backstory.
The Fourth Amendment was written to guarantee that the government may only search and seize persons, houses, papers and effects pursuant to a search warrant issued by a judge after the presentation under oath of evidence demonstrating that the place to be searched more likely than not contains evidence of crime. And the warrant itself must specifically describe the place to be searched and the person or thing to be seized.
These requirements — the work of James Madison, who was the scrivener of the Constitution in 1787 and the author of the Bill of Rights in 1791 — were intended to have two effects.
The first effect was to uphold the quintessentially American right to be left alone. The second was to compel the government to focus its law enforcement personnel and assets on crimes for which there is probable cause, not fishing expeditions or hunches.
Madison’s language prohibited absolutely the use of general warrants, a favorite tool of the British government against the colonists. General warrants were based on whatever the government wanted or claimed it needed.
The colonists were tormented by, and driven to revolution over, general warrants, as they authorized British agents to search wherever they wished and seize whatever they found. Surely, the dreadful colonial experience with general warrants was a driving force behind the wording and ratification of the Fourth Amendment.
Sadly, during the war on drugs, prosecutors and police persuaded judges to craft “emergency” exceptions to the Fourth Amendment. These included allowing police to look for whatever they wanted in cars and homes, and using the CIA for warrantless surveillance, lest the drugs supposedly being sought be destroyed before capture.
The effect of this was to destroy a fundamental liberty in deference to easing police work; that’s the definition of a police state. The courts effectively ruled that somehow the Constitution prefers liberty — rather than evidence of crimes — to be destroyed.
The Fifth Amendment protects the life, liberty and property of all persons from destruction or aggression by the government without due process of law. Due process requires a jury trial at which the government must prove fault.
Thus, property cannot be seized temporarily or taken permanently without either a search warrant or a jury trial.
Now back to the war in Ukraine.
I have argued in this column and elsewhere that the Biden administration sanctions imposed on Russian and American persons and businesses are profoundly unconstitutional because they are imposed by executive fiat rather than by legislation and because the sanctions constitute either the seizure of property without a warrant or the taking of property without due process.
When the feds seize a yacht from a person whom they claim may have financed Russian President Vladimir Putin’s rise to power, they are doing so in direct violation of the Due Process Clause of the Fifth Amendment.
Similarly, when they freeze Russian assets in American banks, they engage in a seizure, and seizures can only constitutionally be done with a search warrant based on probable cause of crime.
As well, when the feds interfere with contract rights by prohibiting compliance with lawful contracts, that, too, implicates due process and can only be done constitutionally after a jury verdict in the government’s favor, at a trial at which the feds have proved fault.
As if to anticipate these constitutional roadblocks to its interference with free commercial choices, Congress enacted the International Emergency Economic Powers Act of 1977 and the Magnitsky Act of 2016. These constitutional monstrosities purport to give the president the power to declare persons and entities to be violators of human rights and, by that mere executive declaration alone, to punish them without trial.
These laws turn the Fourth and Fifth Amendments on their heads by punishing first and engaging in a perverse variant of due process later. How perverse? These laws require that if you want your seized property back, you must prove that you are not a human rights violator.
As if to run even further away from constitutional norms, a group of legal academics began arguing last week that the property seized from Russians is not really owned by human beings, but by the Russian government. And, this crazy argument goes, since the Russian government is not a person, there is no warrant or due process requirement; therefore, the feds can convert the assets they have seized and frozen to their own use.
To these academics — who reject property ownership as a moral right and exalt government aggression as a moral good — the argument devolves around the meaning of the word “person.” The Fourth and Fifth Amendments protect every “person” and all “people,” not just Americans.
And in American jurisprudence, “person” means both human beings and artificial persons — corporations and governments capable of owning property. Property ownership is defined by the right to use, alienate and exclude. Only persons can exercise those rights.
Madison and his colleagues clearly sought to protect property rights from government aggression, no matter the legal status of the owner. We know this from the judicial opinions involving foreign property that preceded and followed the ratification of the Fifth Amendment. If this were not so, then nothing could prevent the feds from seizing and converting the property of states or local governments or international religious institutions to federal use.
War is the health of the state and the graveyard of liberty. The drug war was a disaster for freedom. The war in Ukraine will be so as well, only if we permit it.
Reprinted with the author’s permission.Robert Pincus Betrayed His Fiduciary Duties to TransPerfect to Enrich Himself – What does Chief Chancellor Kathaleen McCorrupt Continue To Do? Order This Warped “Civil Servant” to be Paid Enough Money Afford a Second Home – An Extravagant Mansion in the Sky in Georgetown, Washington D.C.– Former Home of European Soccer Star – Nothing Pays Like Chancery Court Corruption
OPINION
Dear Friends,
Outrageously, folks, Robert Pincus continues to live lavishly on money that our Chief Chancellor takes from TransPerfect employees – it’s tantamount to grand larceny by the Chancellor – and it continues to this day!
Pincus’s second home was Wayne Rooney‘s $3 million rockstar crashpad pad – a lavish lifestyle supported by Pincus’ best friend Chancellor Bouchard – all masked in illegal mumbo jumbo known as “Fees-on-Fees” in the legal community and all financed off the backs of hard-working employees.
Pincus worked with former Chancellor Andre Bouchard at the infamous law firm Skadden Arps. He parlayed that into Bouchard appointing him court-ordered Custodian during the TransPerfect sale and received a windfall of millions that robs from company employee compensation to this day. How does Pincus have a Rockstar Pad? How does Bouchard have a Bentley? Why is no one asking the hard questions? Bouchard has never denied multiple allegations of financial corruption.
Chancery continues to funnel filthy millions and Bob Pincus and Skadden Arps benefit. If there was any justice, Delaware would have an Inspector General looking into the finances of Judges and appointees in Delaware. Where there’s enough smoke, there’s surely fire!
With Skadden ignoring the rules and still working for Russian Oligarchs, perhaps they should seize Pincus’s ultra luxury pad. See below.
Please send along any feedback you have.
Respectfully Yours,
Judson Bennett-Coastal Network
Residential Real Estate
Wayne Rooney’s former crash pad at The Wharf just sold. We have the details.
By Andy Medici – Senior Staff Reporter, Washington Business Journal
Nov 21, 2019, 3:02pm EST
Jason Levien, the lead owner, co-chairman and CEO of D.C. United, has sold his luxury condo at The Wharf to attorney Robert B. Pincus for $2.85 million.
Levien never lived in the seventh-floor condo at the Vio building at 45 Sutton Square SW, instead using the furnished unit as temporary lodging for clients, colleagues — and former D.C. United forward Wayne Rooney, according to Jordan Stuart, an agent at Keller Williams Capital Properties and team lead at Next Move, a network of licensed real estate professionals.
“He did buy this for the purpose of essentially having a nice, furnished, beautiful condo for his corporate partners, ownership and also to have a place for Wayne when he needed it. And Wayne used it during the season,” said Stuart, who represented Levien in the sale. “Once Wayne left, he felt it was a little bit much.”
Rooney, the British superstar who signed with D.C. United in June 2018, played for the 2019 season and subsequently struck a deal to return to the U.K. and become a player-coach for Derby County FC in the English Championship.
Levien, who has other properties around the city, decided to sell the property once he could break even and get the price he wanted, Stuart said. The condo boasts floor-to-ceiling views of Washington Channel, has three bedrooms, two-and-half bathrooms and totals nearly 2,000 square feet. It was sold to Pincus, a retired partner from Skadden, Arps, Slate, Meagher & Flom LLP, who is currently an adjunct assistant professor at American University’s Washington College of Law and a corporate dispute mediator, according to his LinkedIn profile.
The sale comes less than a year after Levien purchased the condo from chef Mike Isabella for $2.575 million. Isabella himself purchased it in March 2018 for $2.19 million, shortly before Isabella was sued for sexual harassment by former Mike Isabella Concepts General Manager Chloe Caras. He settled the suit for undisclosed terms in May 2018.
Stuart said the successive price increases over a short time showed the demand for condos at The Wharf, especially those with expansive views, of which there are only so many, he said.
“People want to be on The Wharf and there is a lot of leasing options, but there is not too much supply. It’s really just kind of the Vio in phase one [of The Wharf development]. And if you want one of the nicest pre-owned units, this is basically it,” Stuart said. “It was in demand when I sold it the first time. It was in demand this time.”
Levien, who is also co-owner of Welsh soccer club Swansea City AFC, leads the investment group that owns a majority D.C. United after it bought out the previous partner Erick Thohir in August 2018. The Wharf made sense as a spot for guests (and Rooney) as it sits just blocks from Audi Field, D.C. United’s stadium at Buzzard Point.OPINION
Dear Friends,
Finally, the news media, the legislature, and the Department of Justice are homing in on the Biden Crime family, and especially on Hunter Biden, whose criminal activity and the fact he has been getting away with it for so long, has become more and more significant. The arrogance and audacity of the entire Biden family is amazing, especially in Delaware.
Recently, I wrote an article about how Hunter once said he could always win in Delaware’s Chancery Court, because he was so extremely connected with the Judges. The most disconcerting factor of the whole scenario is that it appears that Hunter’s father, Joe Biden, the former Vice President, now President of the United States could be guilty of influence peddling, mail fraud, bank fraud, collusion, treason, and many other high crimes and misdemeanors. The evidence gleaned from Hunter’s own laptop, which he left in a Wilmington, Delaware computer repair shop, indicates he was not only using illegal drugs, was participating in child porn, sex with underage girls, collusion and conspiracy, tax-evasion, influence peddling, and a clear criminal connection and involvement with the President of the United States, his father, Joe Biden.
Millions of dollars from Ukraine, Romania, Russia, and China were paid to Hunter Biden for the sole purpose of selling his father’s influence. The laptop, now in FBI possession, indicates that father Joe Biden (“the Big Guy”) received 10% of the booty. Hunter and Joe even had joint checking accounts, and Hunter paid many of Joe’s bills. This outrageous and heinous fact was further evidenced by testimony from Tony Bobilinski, a former decorated Naval officer who was Hunter’s business partner. This gentleman actually met with President Biden in a back room of a Delaware restaurant where the conspiracy was discussed. Joe Biden was totally involved, knew all about Hunter’s business and is guilty as hell. Bobilinski also testified that in a conversation with Joe Biden’s brother, Jim Biden (another participant in the whole Biden operation), when he asked him, “How do you Biden’s get away with this stuff?” Jim Biden’s answer was, “Probable deniability”. The evidence is overwhelming and it was clearly known and exposed by the New York Post. These grotesque crimes were covered up by the press, the Democrats, the Justice Department, and social media to prevent Donald Trump from being re-elected, thus thrusting Joe Biden, a blatant criminal into the White House.
Folks, these accusations based on the evidence that is now public knowledge, what is now being exposed on Fox News, and in the best seller, “The Laptop from Hell”, by famous New York Post reporter Miranda Divine, should tell the American people we have a veritable monster in the White House, backed up by a Socialist group of fanatics that want to ruin this country, as I see it.
The most frightening thing for this columnist is that Joe Biden appears to be compromised by Communist Red China and Russia, making his decisions, actions or non-actions, that affect the lives of every American citizen, seem to benefit our enemies rather than helping our own people. We must remove this treasonous operation from our government or we will be doomed from remaining a viable, prosperous, free nation.
That is the way I see it folks. My opinions are based on my extensive research, and my personal, political, inside connections, gleaned from years of investigative experience. As always, your feedback is welcome and appreciated. God, please bless America! With the dangerous and incompetent leaders in power in our country, we certainly need it now more than ever.
Would love to hear your feedback on this, folks!
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I have been sounding the alarm about Leo Strine and Andre Bouchard-Era corruption in Delaware for years, and it’s finally coming home to roost and threatening the Presidency. As I see it, folks, I had high hopes that Kathaleen McCormick would bring a new le\vel of fairness to our warped, archaic, and broken Chancery Court, but Kathaleen McCorrupt has already shown me her true colors with her latest TransPerfect decisions – she intends to double-down on the filthy rulings of her predecessors – and keep enriching Skadden Arps and other Delaware elites – at the expense of normal citizens and TransPerfect’s 7000 families – who have been tortured and robbed by our “Old Boys Club” for nearly a decade!!
When will we, as the people of Delaware, stand up and vote for leaders who will weed out these “Old Boy” cronies? The corruption I’ve been shouting about from the rooftops could not do Delaware and Delawareans a bigger disservice than threatening the Presidency of the United States. Yet, that is exactly what is happening with the Hunter and Joe Biden laptop scandal – a Grand Jury has been convened.
If we had done something about Chancery’s corruption and taken a serious stand against unethical state actors, I can’t help but think that Delaware may have been spared these tragic but true events. Instead, Delaware’s corruption has been put on the front page of every national newspaper (except those in Delaware) as Hunter Biden’s laptop reveals what the New York Post calls “The Biden Family Scheme Unraveling.”
See the story below and let me know your thoughts on this. Knowing the powers of these thugs in robes, I will probably be censored off Twitter by the radical left for even sharing this news with you, but I’m sharing it anyway.
Please send me your comments. They are always welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
If the grand jury in Delaware investigating Hunter Biden’s business ventures does its job properly, it will be pulling on the threads that lead to the president, and already there are signs that is happening.
Regardless of the extraordinary statement last week by White House chief of staff Ron Klain, that the president is confident his son has done nothing wrong, and that the inquiry has nothing to do with Joe Biden or anyone else in the White House, publicly available evidence says otherwise.
There is also the six-hour interview Hunter’s former business partner Tony Bobulinski gave to the FBI last year, along with a trove of documents, emails and encrypted messages.
Bobulinski has publicly named Joe Biden as the “Big Guy,” referenced in emails, whose 10% equity in a joint venture with Chinese energy company CEFC was held for him by Hunter.
Now the identity of the Big Guy has become a topic for the Delaware probe.
At least one of the witnesses before the grand jury has been asked: Who is the Big Guy?
Sources familiar with the investigation say Bobulinski has yet to appear, but if he does not testify before the grand jury, something is very wrong.
Perhaps US Attorney David Weiss is saving the best for last.
The pressure on Weiss is immense, as the four-year investigation into the president’s son and his business partners, including his uncle James Biden, Joe’s younger brother, threatens to become an election issue in November.
Alarm bells are starting to ring in Democratic circles as the White House stonewalls in the face of increasing media inquiries. In two absurd statements in recent days, White House spokespeople said the president stands by his pre-election statement that Hunter never received any money from China, and he continues to deny that he knew anything about his son’s overseas business dealings.
The White House position is unsustainable.
First, there are the Treasury Department documents presented by Republican Sens. Ron Johnson and Chuck Grassley, along with bank statements on Hunter’s laptop showing millions of dollars paid by CEFC to Hunter and his business partners.
Then there is evidence, from Bobulinski and from the laptop, that Joe met Hunter’s foreign business partners on multiple occasions while he was vice president.
In addition, there is evidence on the laptop that Hunter and his father had commingled finances and shared bank accounts, and also that Hunter paid some of Joe’s household bills, including a monthly phone bill and maintenance and renovations on one of his Delaware properties.
China connection
What is not properly understood, especially by the catch-up merchants and Biden apologists of the left-wing media, is that the millions of dollars wired by CEFC to Hunter and Jim Biden and partners was payment for work done in the last two years of Joe’s vice presidency, using the Biden name to advance the interests of Communist China in Oman, Luxembourg, Romania, the Middle East and Asia.
This included $6 million paid in two wires in February and March 2017 to Rob Walker, a trusted Biden family friend and a former Clinton administration official, whose wife, Betsy Massey Walker, had been Jill Biden’s assistant when she was second lady.
CEFC was the capitalist arm of China’s Belt and Road initiative, President Xi Jinping’s imperialist program to compromise smaller countries, bribe their officials, buy up their energy resources and infrastructure and ensnare them in debt traps, in a bid to overtake the United States as the world’s economic superpower.
‘Blowout’ ahead?
The Biden partnership was crucial to open doors and give CEFC a veneer of respectability.
Walker would be a useful witness for the Delaware grand jury, as would another of Hunter’s business partners, Eric Schwerin, president of his firm Rosemont Seneca and general factotum.
We know that Delaware investigators issued as subpoena in 2019 to JPMorgan Chase bank for international financial transactions involving Hunter and James Biden, Schwerin and another former business partner, Devon Archer.
Schwerin has extensive knowledge of Biden family finances and appeared to have signature privileges over Joe Biden’s money, as shown by emails on the laptop.
“Your Dad’s Delaware tax refund check came today,” he emailed Hunter on June 10, 2010. “I am depositing it in his account and writing a check in that amount back to you since he owes it to you. Don’t think I need to run it by him, but if you want to go ahead. If not, I will deposit tomorrow.”
As public awareness of this scandal grows, Democratic political consultant Doug Schoen, in a careful article in The Hill over the weekend, expressed his party’s concerns.
If Joe Biden is found to have profited from Hunter’s business deals or used his position as vice president to benefit his family, Schoen wrote, “what is now likely a red wave election could turn into a massive blowout that is more substantial than anything seen in recent history.”
He’s not kidding.
Government turns blind eye to immigrant night flights
Another suspected migrant charter plane flew into Westchester County Airport on Saturday night, indicating an acceleration in tempo over recent weeks. This time, Rob Astorino, former Westchester County executive, aspiring Republican governor, and dogged critic of the Biden administration’s secret operation to fly illegal migrants from the southern border to New York, watched the iAero plane land at 9:43 p.m.
The Boeing 737 remained hidden from view on the tarmac next to Ross Aviation East for more than an hour while unloading its passengers onto three charter buses.
When the buses emerged from the airport, just after 11 p.m., two headed south on I-684. Astorino followed the third, which he estimated contained 25 to 30 teens. That vehicle drove north 20 miles to Somers, and vanished into the grounds of a school around midnight.
“The Biden administration must have such contempt for Americans to blatantly wave illegal immigrants across the border, fly them into our communities and then tell us we have no right to ask questions,” said Astorino. “Gov. [Kathy] Hochul must agree, since she hands out our tax money by the billions for them to come here.”
Thankfully, this time, the charter bus traveled at a sedate pace. Last week, with The Post in hot pursuit, one J&F coach reached speeds approaching 80 mph in the pouring rain.
When I called the company to ask why the hurry, the person who answered hung up the phone. Other buses we followed last fall also hit breakneck speeds, suggesting the safety of their human cargo is not a top priority for the Biden administration.
But secrecy sure is.
Person the gates!
Heading to Broadway in September is the latest incarnation of “1776,” the musical about the signing of the Declaration of Independence, with a new cast described by Deadline Hollywood as entirely “female, non-binary and trans.”
No doubt a few penises will be floating about on stage, but not one — ahem — man, in the original sense of the word.
Who knows how this epicene ensemble will deal with George Washington’s desire for a “manly, virtuous and happy people,” or James Madison’s ode to the “great, manly, and warlike virtues.”
Next they’ll be calling the Founding Fathers the “Founding Co-Parents.”
It’s a fitting portent that on his 100th day in office, Eric Adams was struck with COVID. Sunday marked 100 days of our new mayor not getting much done, despite a blizzard of fine words. With major crime up 44 percent this year, and a summer of violence looming, he’s going to have to do more than talk. Maybe he can use his COVID isolation this week to come up with fresh ideas. Better yet, give Rudy Giuliani a call.
OPINION
Dear Friends,
I’ve written columns about Hunter Biden this month and his words about our less-than-stellar Chancery Court, threatening to wield the court as a weapon if he needed to.
Here are Hunter Biden’s words, directly from the Washington Post story, “I will bring suit in the Chancery Court in Delaware — which as you know is my home state and I am privileged to have worked with and know every judge in the chancery court,” he wrote on March 14, 2018.
As I see it, and so many of you too, as I’m sharing in your comments below, this shows that the President’s son acknowledges that in Delaware’s Chancery Court, cases aren’t determined by the facts, evidence, or merits. It’s all about who you know and owe favors to. It’s the Good Old Boys Club calling the shots in Delaware’s Chancery Court. Not the rule of law expected to be upheld in Delaware.
Enough of my words, folks, now to yours! –
“This is sad, Judson. Sad but horribly true.
This club has been in power too long. Hunter Biden called it.”
-Joan
“Imagine you have a court of judges in your hip pocket.
Now imagine being dumb enough to tell the world.
Keep writing about this. I hope something can finally be done.”
-Parker
“Hunter is a moron. He just exposed the Chancery Court for what you’ve been saying it is all along.
It’s corrupt as the day is long. I hope the governor is reading this. Keep it up, Jud.”
-Jack
“You’ve been saying this for years now.
Why don’t they just shut this court down! It’ a sham!
I can’t believe what I’m reading here.”
-Priscilla
“Bouchard, Strine, McCormick. The list goes on
and no one is powerful enough to stop what is obvious to all of us
It’s a shame and it mocks our wonderful state. Thank you for writing about this.”
-Bill
“So now you conveniently decide to believe Hunter Biden???????
Really???? You don’t think he may have been puffing or exaggerating?????
I guess now you’ll start believing everything he says.”
-Rich
“Good job! The Bidens are criminals and the Chancery Court is jaded and corrupt.
Should be a political issue in the November elections.
Thanks for what you do.”
-Susan
“Superb article, Judson and great reporting.
The Chancery Court corruption must be addressed.
The arrogance of Hunter Biden and his father are reprehensible.”
-Mary
“That arrogant, drug addicted bastard needs to be locked up.
Delaware is so corrupt and the Bidens are right in the middle of it.
Shocking article. Great work.”
-Al
“Judson. Can this guy be any more arrogant? He needs to be taken down.
The nerve. What an outright jerk!”
-Susan
“Hunter Biden is going to be the reason Biden’s presidency is a failure.
Bring it on. It can’t happen soon enough. Remember Billy Carter?
These Democrats have a history of family bringing them down.”
-Sean
“I hate this guy.”
-Frank
“What an arrogant son he is. He should go down for this.”
-Mark
Thank you for all of your comments and keep them coming. I enjoy being your tenacious columnist out here in the field. It gives me energy when I see your comments coming in, whether you agree with me or not. They are always welcome.
Sincerely Yours,
Judson Bennett–Coastal Network OPINION
Dear Friends,
There’s a total blackout happening in our local news media, folks. I’ve been one of the only ones covering the TransPerfect case and Chancery Court Chancellor Bouchard and McCormick corruption and now I’m the only one covering this Hunter Biden story where he indicates he has the Chancery Court in his hip pocket if he needs to sue someone, which both the New York Times and Washington Post have covered.
Where’s the Delaware News Journal on this news? Do the editors get their checks where the Chancellors do?
The Good Old Boys Club obviously dictates what you can read in the paper in America’s First State. It’s un-American that you are only allowed to read news in Delaware that one of these Good Old Boys Club members approves as news. It’s like we’re a third-world country. Your news is being censored, folks. It’s outrageous!
Understand that if you’re reading the local Delaware news, your news may be manipulated and censored. These Latte Liberal elites stealing money from TransPerfect are the same unethical people censoring your news.
Honestly, leaving the politics out of it, the liberal media is actually covering this, but you know who gives it zero air time? Delaware’s mainstream media. The Delaware News Journal, the newspaper of record in our state, hasn’t covered this at all. I challenge you to let me know if it has been covered by Delaware State News? How about any of the local news radio stations?
We should sound the alarm that the Delaware News Journal should not be limiting or censoring your news. The Good Old Boys Club dictates what you can read in the newspaper as if we were in Russia. They circle the wagons pretty tight here in Delaware, don’t they folks?
Send your feedback on this. I would love to hear your thoughts. All of your opinions are welcome. We don’t censor at the Coastal Network. See the story below for more on this.
Respectfully Yours,
Judson Bennett, Coastal Network
A federal investigation into the business affairs of Hunter Biden is continuing in Delaware, The New York Times and the Wall Street Journal reported.
The investigation included the convening of a grand jury, according to a mid-March Times story, which did report that the son of the president has satisfied tax claims. The payments do not end his legal liability but reduce his chances of facing charges.
On Monday, the Wall Street Journal (subscription) followed up with its own story that reported a widening of the investigation including the use of a federal grand jury.
As is customary in such cases, the U.S. Attorney’s Office for Delaware declined to comment.
The investigation is being conducted by the office of Delaware U.S. District Attorney David Weiss. Weiss was exempted from the customary request for the resignations of U.S. Attorneys when Biden took office, due to the ongoing investigation.
According to the Times, a federal grand jury heard testimony in Wilmington from two witnesses, one of whom formerly worked for Hunter Biden, whose lawyer was subpoenaed for financial records that reflected money Hunter received from a Ukrainian energy company.
The Times story said proving that Hunter Biden violated federal law in his dealings would prove difficult.
The Wall Street Journal story offered more details on Hunter Biden’s relationships that included Ukrainian natural gas company Burisma and a Chinese investor.
President Biden’s son became a campaign issue that made its way to Wilmington when the former owner of a computer repair business in Trolley Square claimed an individual dropped off a laptop computer tied to Hunter Biden.
The shop owner John Paul Mac Isaac said no one returned to pick up the computer, with the hard drive and/or laptop ending up in the possession of President Trump’s lawyer and former New York City Rudy Guliani.
The New York Post published images supposedly linked to the computer/hard drive.
According to press accounts, a representative of Guliani dropped off the laptop/hard drive to Delaware authorities who gave it U.S. Attorney Weiss’ office.
Mac Isaac, who held a press conference regarding the computer, closed his shop claiming harassment. He recently was the subject of an interview with the New York Post and claimed the harassment is continuing but did not directly tie the actions to the Biden family.
The Post said the Times story validated its long-running coverage of Hunter Biden. Critics had claimed the laptop case seemed to fit a pattern of Russian disinformation efforts.
A Washington Post columnist this week sided with critics who said the laptop story deserved coverage and noted that some media outlets had gone after the Trump administration by publishing equally sketchy stories.;
Trump, who as the president sought Ukraine’s intervention in getting more details on Hunter Biden’s activities and ended up being impeached but not removed from office, recently called for Russian President Putin to “release dirt” on the younger Biden, Politico reported late this month.
This weekend, Russia, as part of its effort to justify its invasion of Ukraine, accused Hunter Biden of funding biological weapons labs in that nation. The claim that has no basis in fact has been repeated by Fox News talk show host Tucker Carlson.
The Trump campaign worked to make Hunter Biden into an issue in the latter stages of the campaign.
However as noted above, mainstream media outlets include the New York Times and Wall Street Journal. passed on the story, citing questions about the legitimacy of emails and other documents that some said resembled the work of Russian disinformation efforts.
Hunter Biden and his father have spoken about a struggle with drug abuse, with the president saying that his son should not have been involved in overseas business matters while he was serving as vice president.
Hunter Biden’s Arrogance Confirms the Elephant in the Room:Backroom Deals by Delaware’s “Old Boys’ Club” Drive Chancery Court Decisions
Our New Chancellor, Kathaleen McCorruption, Has Not Shown Herself to be a Savior from Bouchard’s Unethical Regime.
Dear Friends,
Hunter Biden is being honest when he threatens his business partners with his ability to manipulate decisions in Delaware Chancery Court. Now his own people will say he’s an incompetent drug abuser to dismiss these comments and create distance from Joe Biden—but please read them for yourself.
This personifies and validates exactly what I have been begging our elected officials to address for years.
Bouchard and Strine’s corruption, which prompted their unprecedented dual mid-term resignations—is not even in question any more—and neither has even denied any of the charges against them. Why? My view is because they cannot.
I had high hopes Chancellor Kathaleen McCormick would put our filth-ridden recent past behind us, and begin to repair Delaware’s tarnished image. No such luck. She calls the former kingpin “Bouchard the Merciful” — I call her “Kathaleen McCorruption.”
Tell me if you’re disturbed, and what your ideas are for the People of Delaware to reform this feudal, archaic Court. It’s ripe for abuse—and, as Biden’s comments confirm, Delaware elites are abusing it.
Anyone have ideas on how to end corruption in Chancery? If so, please share.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20220404005674/en/Citizens-for-a-Pro-Business-Delaware-%E2%80%9CWashington-Post-Reporting-on-Hunter-Biden-Exposes-Depths-of-Chancery-Court-Dysfunction%E2%80%9D
Citizens for a Pro-Business Delaware: “Washington Post Reporting on Hunter Biden Exposes Depths of Chancery Court Dysfunction”
Per the Washington Post’s reporting, Hunter Biden indicated that Chancery Court judgments are based on connections rather than substantive facts
WILMINGTON, Del.–(BUSINESS WIRE)–Today, following reporting from the Washington Post that Hunter Biden threatened to bring suit against a former business partner in the Chancery Court, where he claimed to “have worked with and know every judge in the chancery court,” grassroots advocacy organization Citizens for a Pro-Business Delaware released the following statement
“This report just confirms what we’ve known for years: the Chancery Court is an old boys’ club where who you play golf with matters far more than the case you make. Even Hunter Biden agrees that the Chancery’s dysfunction makes it more akin to a kangaroo court than the illustrious business court it claims to be. When powerful Delawareans know that their personal connections to judges will influence the decisions of the court, it’s clear that the entire system must be transformed.
“This report just confirms what we’ve known for years: the Chancery Court is an old boys’ club where who you play golf with matters far more than the case you make. Even Hunter Biden agrees that the Chancery’s dysfunction makes it more akin to a kangaroo court than the illustrious business court it claims to be. When powerful Delawareans know that their personal connections to judges will influence the decisions of the court, it’s clear that the entire system must be transformed.Dear Friends,
I’ve been preaching about Chancery Court corruption for years, and now we have the son of the President of the United States bragging about how he would bring a lawsuit in Delaware’s Chancery Court and win, based on his personal relationship with judges. He confirms years of my investigative journalism in one paragraph.
Here are Hunter Biden’s words, directly from the Washington Post story, which is posted below:
“I will bring suit in the Chancery Court in Delaware — which as you know is my home state and I am privileged to have worked with and know every judge in the chancery court,” he wrote on March 14, 2018.
This is clear evidence that even a Biden acknowledges that in Delaware’s Chancery Court, cases aren’t determined by the facts, evidence, or merits. It’s all about who you know and owe favors to, and it’s illegal and unpredictable to businesses — who expect the rule of law to be upheld when incorporating in Delaware.
By his public statements, the President’s son now agrees with my long-held view that the Chancery Court is corrupt, shameful to our state, and vastly in need of reform.
Please send your feedback on this, folks. It’s always welcome and appreciated. I’m dying to read it!
Respectfully Yours,
Judson Bennett–Coastal Network
Washington Post Article about Hunter Biden’s Laptop
The pertinent part of the WaPo article:
Hunter Biden threatened to sue both Yan and Dong for balking at paying, claiming they had no right to question his expenses — and explaining that the House of Sweden was his D.C.-based office.
“I will bring suit in the Chancery Court in Delaware — which as you know is my home state and I am privileged to have worked with and know every judge in the chancery court,” he wrote on March 14, 2018.
Read the full article by clicking on the title below:
Inside Hunter Biden’s multimillion-dollar deals with a Chinese energy company
A Washington Post review confirms key details and offers new documentation of Biden family interactions with Chinese executives
By Matt Viser, Tom Hamburger and Craig Timberg
March 30, 2022 at 11:04 a.m. EDT
OPINIONThe Amazing story of Former Sussex County Delaware Councilman Vance Phillips in his extremely difficult, but successful enterprise in getting his Ukrainian wife into the United States!
Dear Friends,
Folks, I am going to tell you an amazing story of courage, fortitude, and determination that is quite remarkable. With the terrible and disconcerting Russian invasion, ordered by heinous, dictator Valadimir Putin, as thousands of Ukrainian citizens are fleeing the country, a local Delaware man and personal friend of mine (former Sussex County, Delaware Councilman Vance Phillips), went through hell to get his Ukrainian wife, Vika Lemeshivcka, out of Ukraine and eventually into the United States.
A brief history of Vance Phillips to help explain the situation: Vance is an affluent land owner and entrepreneur who owns a large watermelon farm near Laurel, Delaware and who served for many years as a Sussex County Councilman. An active Republican, who was once Vice Chairman of the Delaware Republican Party, Phillips actually ran against Joe Biden for U.S. Senate early in Biden’s career.
Vance is a common sense individual, a devout Christian, and a realistic Conservative leader who was extremely well-known in Delaware, especially in Sussex County. Unfortunately, Vance had a devastating, engine-propelled, hang-glider accident in which he broke his back, leaving him paralized on his left side, while being extremely compromised and in constant, significant pain.
Determined to not let this horrible injury ruin his life, Vance traveled the world taking his wheelchair and handicapped scooter with him. Spending a considerable amount of time in the Ukraine he met Vika Lemeshivcka, who he married in a Ukrainian wedding and they have now been together for 5 years. Despite being married and traveling throughout the world with her, Vance could not get an American visa for his wife. Periodically, Vance would return home to Delaware, leaving his wife in the Ukraine.
Then the Russian invasion occurred. With bombs and bullets flying all around, Vance arranged for his bride to take a bus to Poland, then flew her to Madrid, Spain, from there to Cancun, Mexico where he met her. After resting up for a few days, they flew to Monterey, Mexico where Vance rented a car and they drove directly to the Texas border. Upon arriving there, once the border patrol saw her Ukrainian passport, all attention was directed toward them. The first words out of Vika’s mouth were, “I am a Ukrainian citizen and I am seeking political asylum”.
She was immediately taken into custody and put in a detention center, her cellphone and personal items removed and she began a grueling vetting process. She was treated fairly well and being the only English speaking Ukrainian there, helped translate for other Ukranians who the authorities also had in custody. In the facility were also criminals who sometimes got out of hand and she was often intimidated. Some of them told her she would be deported back to the Ukraine which upset her terribly. She was held in custody for 14 days.
After learning his wife would be in U.S. custody, Vance drove the rented car back to Mexico, then on his handicapped scooter, drove the 15 miles back to the border. He then checked into a Marriott hotel, about one mile from the detention center. Exhausted, in terrible pain, Vance upon my recommendation, hired a very expensive Texas immigration lawyer, who filed innumerable, official documents with the authorities, which apparently helped and clarified the marriage situation and plea for asylum.
Afterwards, sick and out of needed medication, Vance flew back to Delaware where he took care of his personal business and saw his doctor. Two days later he attempted to fly back to Texas. Changing planes in Orlando, Florida, Vance learned his flight to Texas had been canceled and he had to spend the night sitting in a wheelchair in horrible pain, waiting for the next flight to Laredo.
Finally, Vance was able to get back to Texas where his bride was released into his custody on what was designated as parole and temporary asylum. They had a brief scare, as all of Vika’s important documents were missing, and had apparently been left at the detention center. Fortunately, they were able to retrieve them and now they are both resting up and recovering from an extremely trying, tense, and difficult situation, but truly a successful one which was definitely achieved by Vance Phillips’ true grit and determination. What an amazing story!
Folks, the rub for me is the acute hypocrisy and absurd method of operation by the Biden administration in regard to the open Southern border where millions of unvetted illegals from all over the world, many who are terrorists, some carrying death causing Fentenal that has killed over 150,000 Americans, are dropped all over the United States, while a Ukranian woman, seeking political asylum, married to an American is forced into a detention center for 14 days before being given the needed and justified asylum she deserves. Folks, Biden is an incompetent, malicious fool who should not be President.
Regardless, My friend Vance Philips is now my hero who went through hell to save his wife from probable death at the hands of Putin and his war crimes against Ukrainian people. They soon will be returning to Delaware, where Vance plans on an American wedding, as well, to solidify his wife’s eventual citizenship. God bless him and his beautiful wife Vika. I wish them the best!
I’d love to hear your feedback on this, folks. What a story and eventual happy ending!
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkDear Friends,
Citizens for Pro-Business Delaware and the entire TransPerfect senior management team have called publicly for an end to corruption and continued raping of the company by Robert Pincus and Bouchard’s other cronies, such as Skadden Arps. How? By getting to one of the root causes, those high in power, who do nothing to stop the corruption, while their friends get rich.
Delaware Supreme CourtChief Justice Collins J. Seitz was officially asked to recuse himself from further involvement in the case by TransPerfect managers, speaking for thousands of employees. This kind of unity against evil reminds me of the U.S. and Europe pulling together to stop Russian aggression in Ukraine.
The open letter in the Delaware News Journal correctly notes that Seitz already disqualified himself – twice! – from TransPerfect-related litigation because of a conflict of interest.
The buck must stop with someone. Judge Seitz as Delaware’s highest judicial officer – the employees all say that’s you.
Are you going to continue to let the “Good Old Boy” network steal money for raises from 7,000 TransPerfect workers? Or will you say “enough is enough!” to the shady elite actors in Delaware that use their judicial positions and relationships to enrich themselves??
Please send your feedback, which is always welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
Citizens for a Pro-Business Delaware Sponsors Print Ad from TransPerfect Senior Employees Urging Chief Justice Collins Seitz Jr. To Recuse Himself from Litigation Related to TransPerfect
WILMINGTON, Del., March 21, 2022–(BUSINESS WIRE)–Today, Citizens for a Pro-Business Delaware announced a new print ad in the Delaware News Journal featuring an open letter from 10 senior TransPerfect employees urging Delaware Supreme Court Chief Justice Collins J. Seitz Jr. to recuse himself from all ongoing litigation related to the company.
This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20220321005576/en/
The letter highlights that Seitz twice disqualified himself from adjudicating litigation related to TransPerfect due to a disabling conflict of interest, yet later decided to uphold the Chancery Court’s unprecedented decision to force the sale of TransPerfect despite its growth and profitability…
Who Can the Public Count on to Take Bouchard’s Court and Giant Law Firms Like Skadden Arps to Task?
Dear Friends,
It’s heartening to know that the concerns I have been voicing all this time about the nature of Delaware Chancery’s court system were shared by THOMAS JEFFERSON!
With “equity” courts somehow meaning the Judges can act unpredictably and favor their friends over the merits, the writer smartly asks: Who can save the public, and take on these large legal behemoths?
Please give a careful read to this one, and send your feedback, folks. It’s welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
Carl Thiese’s LiveJournal Article
As the world battles viruses and despots, and with it, falling economies, ruined businesses and broken families, one thing is sure; lawyers make money.The law has been what protects us all, businesses included, and through the various social and economic storms, law and lawyers have been there to navigate and keep things “honest”, maybe. Often, lawyers are supposed to fill a purpose with the expectation that the need would end. There is a school of thought that suggests that law has become a business unto itself; like initially- noble advocacy groups that continuously move the needle of circumstances just to keep their administrators and staffs employed. Big law has become more profit-driven and, at times, an unethical group driven by profit, and nowhere are these lawyers more at home than such jurisdictions as Delaware, a haven once shaped around prioritizing the needs of businesses and corporations. In the First State, law firms that charge exorbitant fees have unchecked discretion, a lack of accountability from the public and public interests. This is due largely to Delaware’s Chancery Court, one of the few legal spaces in the world where neither precedent nor constitutional law determines outcome. Instead, a small circle of subjective, and sometimes, biased judges control outcomes. The Chancery Court caused such a stir that Thomas Jefferson commented on its presence as a court of inequality. It’s not just the poor, the lost, the left behind that get wounded though: even the connected elite, the rich and powerful amongst us do, and that should scare us…
“Relieve the judges from the rigor [sic] of text law, and permit them, with pretorian discretion, to wander into its equity, and the whole system becomes uncertain,”
Thomas Jefferson – lawyer, statesman, and the third President of the United States.
The New Chancellor Has Shown Her True Colors; Kathaleen McCormick Will Support Chancellor Bouchard’s ‘Old Boy’ Network of Cronies No Matter How Corrupt
– Bouchard Has Never Denied Helping His Cronies Abscond with Millions from TransPerfect
– Bouchard Has Never Denied Financially Benefiting Himself From His Own Rulings
– McCormick’s Ruling Has Shown Herself to be a Lackey, Not an Agent of Change
Dear Friends,
In taking a position that reminds me of Joaquin Phoenix’s character in the movie Gladiator, Kathaleen McCormick dubs Chancellor Bouchard, “Bouchard the Merciful.” As I see it folks, this is yet another batshit-crazy decision from the Chancery, that ignores both the Fact and the Law. By the logic in this decision, a court-appointed Custodian could steal millions and never face a jury trial.
Folks, ex-Chancellor Bouchard stands accused of being the most corrupt man to wear a robe in Delaware history, in my view, and the new Chancellor is contorting the Law to protect him and his cronies at Skadden and Ross Aronstam. He has never denied financially benefiting from the case, nor can he even attempt to deny ordering $1.7 million to be paid directly to Paul Weiss, and then starting a job there. Talk about feathering your own nest?? It’s beyond corrupt, it’s filthy and blasphemous!
Chancellor McCormick, with her undisclosed representation of TransPerfect’s chief competitor, H.I.G./Lionbridge, in this new ruling, has now clearly shown herself to be not only conflicted, but also a lackey of Bouchard’s cronies. I was hopeful for Delaware’s future–and putting the image of a Chancery Court overrun with corruption behind us–but this lioness appears to have finally shown us her true colors.
See the Law360 story below. Are you as annoyed and concerned about this as I am?!? Please send your feedback, which is always welcome and appreciated.
Respectfully yours,
JUDSON Bennett- Coastal Network
Chancery Tosses TransPerfect Claims Against Ross Aronstam
By Jeff Montgomery
Law360 (March 17, 2022, 8:16 PM EDT) — Delaware’s chancellor dismissed on Thursday a TransPerfect Global breach of duty suit against Ross Aronstam & Moritz LLP, a firm that represented the company at a court-appointed custodian’s direction during some chapters of a still-unfolding, often bitter, years-old corporate control saga.
In the decision, Chancellor Kathaleen S. McCormick rejected initial claims by TransPerfect’s co-founder that RAM and name partner Garrett B. Moritz breached professional duties by failing to disclose that, in opposing a shareholder demand for records on fee payments to the custodian and law firm, it was taking direction from a purportedly conflicted custodian whose fees were ultimately paid by TransPerfect.
RAM and the custodian, the court found, had court-assigned obligations to complete a sale of the business and head off any threats to the process, in a transaction upheld by Delaware’s Supreme Court in May 2018.
“Defendants had one client: TransPerfect,” the chancellor wrote. “The sale order made the custodian TransPerfect’s exclusive authorized agent empowered to direct counsel retained in connection with the sale process. Defendants thus acted appropriately in following the instructions of the custodian.”
The dismissed suit focused on events that followed a court-ordered sale of the global translation services company, supervised by the same custodian — retired Skadden Arps Slate Meagher & Flom LLP partner Robert B. Pincus — following a battle dating to 2014 between TransPerfect’s two-founders, Elizabeth Elting and Philip R. Shawe.
Shawe won custodian-supervised bidding for the company, paid $385 million for Elting’s 50% share, then filed a legal malpractice suit against Ross Aronstam in New York state court in 2020. That move prompted RAM to seek a contempt ruling against TransPerfect for violation of Chancery Court’s exclusive jurisdiction over the issues.
Chancellor McCormick said the decision on Thursday resolved a twist of “Shyamalan-ian proportions,” since TransPerfect had sought dismissal of the complaint decided on Thursday for lack of subject matter jurisdiction, aiming to avoid potential harm to its still-active New York case.
RAM likewise sought dismissal based on the absence of any identifiable breach of its duty in representing Pincus and the company.
“Because the sale order both empowered the custodian to hire counsel for TransPerfect and required that the custodian be paid fees, it is not reasonably conceivable that payment of the custodian’s fees gave rise to a ‘concurrent conflict of interest’ preventing the custodian from retaining defendants to represent TransPerfect,” Chancellor McCormick wrote.
The decision on Thursday also held that Chancery Court has jurisdiction over the issue, and that TransPerfect, now only under Shawe’s control, failed to make a sufficient claim that RAM neglected its professional obligations.
Pincus took control of TransPerfect under a court sale order issued to resolve a deadlock between Elting, who owned 50% of the business, and Shawe, who owned 49%; his mother owned 1%. Then-Chancellor Andre G. Bouchard directed the sale, in a decision upheld by the state Supreme Court
Elting and Shawe had been battling over control of the company they co-founded since at least 2014, with Chancellor Bouchard concluding that the governance stalemate was irreconcilable and damaging to the business.
RAM was retained by Pincus in 2017 to represent the company on some issues, with Shawe-controlled TransPerfect accusing the firm after the sale of doing Pincus’ bidding in disputes over millions in custodian and legal fees.
Shawe and TransPerfect argued that RAM should have considered whether the company or its stockholders disagreed with the custodian.
“But defendants had no ethical obligation to undertake this action. Generally speaking, ‘Where an attorney is hired by a corporation, that attorney owes a duty to the corporate entity, not to the individual directors,'” the chancellor wrote.
Delaware Lawyers’ Rules of Professional Conduct, the chancellor added, state that “when constituents of the organization make decisions for it, the decisions ordinarily must be accepted by the lawyer even if their utility or prudence is doubtful.”
Pincus likewise had sole discretion over custodial actions, the chancellor said, noting that the order establishing the position provided that the custodian was not “subject to the direction or control of any corporate constituency and shall not be required to take any course of action that any corporate constituency may favor or disfavor.”
In a statement, Shawe described the decision as “a way to control, circle the wagons and protect the establishment. We really didn’t expect anything different, and we’re hoping to get some justice in the appellate court.”
Shawe said the dispute involved $1 million to $2 million monthly in custodian bills, with the attorneys involved on the custodian side taking the position in court that “it wasn’t in TransPerfect’s best interest to see its own bills, so we didn’t have an opportunity to challenge them.”
Ross Aronstam & Moritz declined to comment.
TransPerfect Global Inc. is represented by Frank E. Noyes III of Offit Kurman PA and Douglas Capuder of Capuder Fazio Giacoia LLP.
Ross Aronstam & Moritz and Garrett B. Moritz are represented by David E. Ross, Bradley R. Aronstam, Eric D. Selden, S. Michael Sirkin, Adam D. Gold and Benjamin Z. Grossberg of Ross Aronstam & Moritz LLP.
The case is TransPerfect Global Inc. v. Ross Aronstam & Moritz LLP and Garrett B. Moritz, case number 2021-0065, in the Court of Chancery of the State of Delaware.
–Editing by Robert RudingerOPINION
Dear Friends,
Yet another scandal for Skadden Arps, which is supported by the Delaware government. It appears they are supported by the Russians?!
Folks, I’ve been writing quite a bit about the debacle going on in Russia for the last few weeks on the Coastal Network. Now it’s time for Delaware’s “courts and government to cease doing business with Skadden immediately,” as suggested in the story below. In my view, this law firm deserves no more money or support from our elected Delaware leaders.
Let’s connect with our elected leaders and help make this happen!
What do you think, my friends? Please send your feedback, which is always welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
Citizens for a Pro-Business Delaware Doubles Down on Demand for Delaware to Stop Doing Business with Skadden Until It Severs All Ties to Russian Oligarchs
March 11, 2022 09:57 AM Eastern Standard Time
WILMINGTON, Del.–(BUSINESS WIRE)–Following pressure from Citizens for a Pro-Business Delaware, other good government advocates, and intense media scrutiny, Skadden Arps has dropped a lawsuit on behalf of Alfa Bank, owned by billionaire Russian oligarch Mikhail Fridman, and pledged to relocate its Russia-based lawyers while maintaining its Moscow office.
In response, Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey released the following statement:
“We’re glad that our pressure, along with that of other good government groups, has forced Skadden to reconsider its long-held ties to Russian oligarchs, especially in light of Russia’s unprovoked invasion of Ukraine. But these latest steps by Skadden seem cynically calculated to minimize losses to the firm’s bottom line while publicly saving face as much as possible. We don’t buy it.”
“For years, Skadden has done the bidding of Putin-aligned oligarchs without a shred of concern for his regime’s human rights abuses, helping facilitate more than $90 billion worth of Russian corporate deals just since 2012. While dropping the oligarch-backed Alfa Bank lawsuit is one small step towards justice, Skadden must do much more – including closing its Russia office, disclosing its Russian client list, and contributing to Ukraine relief efforts – to right its wrongs in Russia.
“Until Skadden does so, we are doubling down on our demand that Delaware’s courts and government cease doing business with Skadden immediately. The same firm taking Russian ‘blood money’ does not deserve to receive a cent from the state of Delaware.”Opinion
Dear Friends,
Today, Wednesday, March 16th, Senate Bill 149 is scheduled to be voted on by the Delaware Legislature. Basically what this bill does is allow public scrutiny of Delaware police officer personnel files, allowing the public to view any and all complaints filed against a particular officer.
As it stands now, those files are secret and only available to internal police agencies. The apparent reason for the bill is to weed out bad cops and also provide defense attorney’s access to this information.
Folks, on its surface, this bill appears to be harmless and reasonable. However, after researching it in its entirety and talking to several working cops and retired cops, the bill is in my view – and that of most police officers – not a good bill. What the bill will do is eventually get rid of good cops and replace them with inferior law enforcement people.
Folks, the people who file complaints against cops are mostly malcontents or people who resisted arrest. Most cops are good cops and most of the complaints are false or over-exaggerated. Regardless, the filed complaint goes on the police officer’s record. If presented for public view, this can hurt advancement and promotion or other jobs later on in life. It is a bad bill folks and it should be voted down.
In this era of defunding the police and the horrible increase in crime throughout America, this is another shot at law enforcement that in my view is not appropriate.
I urge the Delaware Legislators to deny this bill’s passage!
As always, your comments are welcome and appreciated.
Respectfully yours,
Judson Bennett-Coastal NetworkOPINION
Dear Friends,
I was reflecting on how things were, a little over a year ago, and even before, and how prosperous we were, indeed we were energy independent, unemployment was at record lows! This was due to Donald Trump, who was grotesquely sabotaged from the very beginning by Hillary Clinton, a dishonest Democrat Legislature, and a corrupt Justice Department including the FBI.
Even the quick creation of vaccines during the worst of the Covid pandemic, which saved millions of lives, was due to Donald Trump’s forceful innovation. If he had been re-elected, none of what you see today would be happening. The American people made the biggest mistake in U.S. history by electing Joe Biden as President.
What Biden has done to our country is an obscenity. The intentional destruction of the U.S. petroleum and natural gas industry, by stopping the Keystone Pipeline, preventing oil drilling and fracking on federal lands and drilling in the gulf, shutting down our refineries, stopping oil drilling and exploration in Alaska, are some of the reasons. Joe Biden took us from being energy independent and being the number one exporter of domestic oil and natural gas, to now depending on foreign oil and natural gas. This has driven up the cost of gasoline to outrageous prices which could get as high as $6 a gallon, or even more! Folks, everything you buy is affected by the cost of energy. The inflation that we are experiencing where prices are beyond belief, are all due to the policies of President Joe Biden and his handlers.
What about Afghanistan? One of the worst military disasters in our history leaving billions of dollars of military equipment behind, making the Taliban the best equipped terrorist organization in the world. This show of incompetence and weakness, emboldened Putin to attack Ukraine. The equipment left behind could have been a great asset for the embattled Ukrainians.
Folks, if Trump had been the President, Putin would have never invaded Ukraine – creating a dangerous worldwide crisis!
Biden is hell-bent on destroying our country through his incompetence, his ridiculous green new deal operation, and his socialist agenda. Folks much more of this idiot, and we won’t have a country any of us will recognize. November elections are the beginning, where we can take back our country, and impeach Biden and Harris who are the worst President and Vice President in U.S. history, install the new Republican Speaker as temporary President, and elect Florida Governor Ron DeSantis in 2024.
Your comments are inspiring, important, and always welcome, so please let me know how you feel, pro or con.
Sincerely yours,
JUDSON Bennett-Coastal Network
Chancery Court Ties Looking Dubious At Best, Criminal At Worst?
Bouchard, Skadden, Credit Suisse Looking Like Filthy State Actors I Always Said They Were in the TransPerfect Case?!
Dear Friends,
The Chancery Court ordered a commission of over $12 million to Credit Suisse for selling the company back to its own Founder. Of course Andre Bouchard and Robert Pincus deputized Credit Suisse with government powers, perhaps based on their having similar resumes?
“Credit Suisse, the second-biggest bank in Switzerland, has been rocked by a series of scandals over the past year. In March, the bank was rocked by the collapse of the Greensill financial company, in which some $10 billion had been committed through four funds, and then by the implosion of the American fund Archegos, which cost the bank some $5 billion.
In October, it was also hit with $475 million in penalties by U.S. and U.K. authorities for its loans to state-owned companies in Mozambique, which were at the centre of a corruption scandal.”
This evidence supports so much of what I’ve written. I have been ridiculed and my sanity questioned for calling them out, but history will prove me correct. Credit Suisse’s “friendliness to Russian agents” is discussed in the story below.
What do you think, folks? Please send your feedback on this. It’s always welcome and appreciated.
Citizens for Pro-Business Delaware Calls on Delaware to Stop Doing Business with Skadden Arps until Firm Cuts Ties with Russian Oligarchs and Closes Moscow Office
Skadden has profited off relationships with Russian oligarchs and government agents for decades yet has refused to comment on Russia’s invasion of Ukraine
March 08, 2022 09:25 AM Eastern Standard Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, Citizens for a Pro-Business Delaware called on Delaware’s government and courts to cease conducting business with Skadden Arps until the firm renounces all ties to Russian oligarchs and commits to closing its office in Moscow following Russia’s invasion of Ukraine. Since 1992, Skadden has operated an office in Moscow and has developed close ties with Russian oligarchs including Mikhail Fridman and Roman Abramovich. Since 2012, Skadden has been involved with more than $90 billion worth of Russian corporate deals.
The firm’s friendliness to Russian agents burst into public view in the wake of the 2019 Mueller report, which revealed that Skadden had authored a report for Ukraine’s Moscow-backed government of Viktor Yanukovych that claimed the government did not have political motivations for imprisoning Yanukovych’s top political adversary, Yulia Tymoshenko. The report’s findings contradicted the positions of both the US and EU governments, which understood the imprisonment to be politically motivated. Skadden eventually paid $11 million to Tymoshenko to avoid a lawsuit over the report.
Since Russia’s invasion began, tech, oil, auto and banking industry giants have abandoned Russian businesses or suppliers as the world unites against Russian military aggression, and leading international law firms are doing the same. London-founded Linklaters law firm announced last week that it will wind down its operations in Russia and close its Moscow office. The law firm has over 70 employees in their Moscow office.
Linklaters is the largest firm to confirm its Moscow exit and many international law firms are critically assessing their future in Russia, yet Skadden Arps has refused to comment on its ties to Russian oligarchs and state agents. At the same time, Skadden has been awarded millions of dollars in contracts and no-bid legal fees from Delaware’s Government and Court of Chancery to act on behalf of the state in adjudicating legal disputes.
SaidChris Coffey, Campaign Manager for Citizens for a Pro-Business Delaware, “Skadden Arps has shown a stunning lack of moral fiber when it comes to the Russian invasion of Ukraine. While other firms with connections to Russia are risking great financial loss to cut ties and demonstrate opposition to the invasion, Skadden continues to ignore what is right so they can keep lining their pockets.
“While Skadden’s greed in zealously overbilling clients here in Delaware is bad enough, now they are standing idly by while Russia invades Ukraine so they can keep representing oligarchs and foreign agents to pad their bottom line. As long as Skadden puts profits above all else, Delaware’s leaders must take a stand and guarantee that the same firm profiting from Russian aggression does not profit from the state of Delaware. We urge Skadden to immediately cut ties with Russia and Delaware’s government and courts to immediately cut ties with Skadden – this moral failure must not be tolerated.”
Dear Friends,
I clearly remember as a child in grade school, significant air-raid drills – concerned about a nuclear attack from Russia, we would line up and move into the cafeteria, kneel down, and cover our heads. Absurdity? Absolutely! As if those acts of caution would have saved our lives if indeed Russian nuclear bombs had ever arrived? I also remember, as I grew up, those insipid, cowardly individuals in our country and all over Europe who espoused the weak slogan, “Better Red than Dead!” In other words, give into tyrannical, Socialism/Communism with a life of mediocrity under totalitarian control or be killed by nuclear weapons.
Folks, every time Putin threatens to use nuclear weapons, do we cower in fright and tip-toe around him? Putin intends to re-establish the old Soviet Union and he is emboldened to do so because he knows after observing the worst President in United States history in Joe Biden, who is nothing more than a corrupt, weak sister, operates with clear collusion, as he gives away our oil industry in favor of Putin’s Russia! Considering Biden’s influence-peddling, his open-border policies, his Afghanistan debacle, and his destruction of America’s oil industry, how could any reasonable citizen trust Joe Biden not to continue to sell us out?
Folks, most of us certainly do not want to die. I don’t. It is instinctive to want to survive. That being said, if you constantly have your life threatened, if you don’t do certain things and allow a bully to consistently compromise your happiness, is that any kind of life? Not for me! Bring it on! I will fight you to the death.
How about you folks? “Better Red than Dead?” Or Better Dead than Red? I say “NATO should stand up to Putin”, call his bluff, and be willing to die, stop his invasion of the Ukraine and more of Eastern Europe, otherwise with the help of Joe Biden, your freedom, your prosperity, and your happiness will be terminated because of the threats and fear propagated by an evil dictator. That is the way I see it.
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
www.CoastalNetwork.comOPINIONTwice Proclaiming Himself Conflicted, Chief Justice C.J. Seitz Faces Decision in TransPerfect CaseAfter 3 Judges Split on Alleged Skadden Arps Fee Gouging, the Delaware Supreme Court Plans to Go to All 5 Judges for a DecisionWill C.J. Seitz Again Sit on the TransPerfect Appeal Panel After Admitting Under Oath That He Was Conflicted?
Dear Friends,
Latest Delaware Supreme Court News, as I wrote this week: C.J. Seitz – who has twice said he is conflicted in the now famous TransPerfect case – may again sit on the TransPerfect appeal panel of 5 judges. This comes after, as I understand it from court sources, 3 Delaware Supreme Court judges were split on alleged fee gouging by Robert Pincus, of law firm Skadden Arps.
Pincus, as you’ve undoubtedly read here many times, has in my estimation, gouged the hell out of the growing company, billing and bilking it for millions upon millions, for work that employees say was never done.
The looming question remains, folks: Can Seitz, who already declared himself indeed conflicted twice, sit on this panel of judges?
This is important, as justice mysteriously remains an elusive concept in Delaware, except for those with a Juris Doctor degree and a mansion in Greenville.
Please see the Slator story below from 2020. It’s about a letter co-signed by more than 1,000 TransPerfect employees, who demanded an inquiry into the mutually-beneficial relationship between Delaware’s beleaguered Chancery Court and the law firm of Skadden Arps. This nonsense with the Chancery Court living by its own rules has been going on for far too long.
Please send your feedback on this. It’s always welcome and appreciated.
Respectfully Yours,
Judson Bennett-Coastal Network
https://slator.com/press-releases/1000-transperfect-employees-demand-inquiry-into-chancery-court-skadden-arps-relationship/
Press Releases · By TransPerfect On April 14, 2020
Wilmington, DE – Today, a letter co-signed by more than 1,000 TransPerfect Global, Inc. employees was sent to Delaware Governor John Carney, demanding an inquiry into the close, mutually-beneficial relationship between Delaware’s beleaguered Court of Chancery and the law firm of Skadden, Arps, Slate, Meagher & Flom LLP.
The letter comes following several recent motions filed by TransPerfect in the Delaware Court of Chancery alleging that the law firm of Skadden Arps has billed the translation services company for upwards of $14 million in undisclosed legal fees since being appointed the company’s custodian, causing significant financial harm to the company’s employees.
According to recent court documents, in the over two years since the TransPerfect sale process was complete, the company’s Chancery Court-Appointed custodian, Skadden Partner Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. According to one recent motion by TransPerfect, Pincus’ responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended over two years ago.
In their call to action for Delaware Governor John Carney, the employees wrote, the “actions of Robert Pincus and his Skadden partner, Jennifer Voss, have hurt TransPerfect. For the first time ever, this spring we will not receive raises. Even worse, many of us who work hourly have had our hours reduced or been furloughed entirely. We are asking for your office to open an inquiry to scrutinize both the cozy relationship between Chancellor Bouchard and his former firm, as well as the Chancery Courts complete lack of transparency and Skadden’s questionable billing practices. These actions and to end this Court-sanctioned looting of TransPerfect. It’s hurting us in irreparable ways. Enough is enough, we need you to step up and investigate this matter immediately.”
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “From day one of being appointed TransPerfect’s custodian, Robert Pincus and Skadden Arps have been taking advantage of the company and its thousands of employees by billing them millions of dollars without saying why or what for. These Skaddenomics are so shady, it’s become increasingly clear that Governor Carney needs to step in and scrutinize Chancellor Bouchard, who has been violating his own court’s rules and effectively funneling over $14 million dollars to friends at his old law firm. We’ve called on the Court to put an end to the secrecy, and we’ve called on the state legislature to advance the bill before them that would create a fairer and more transparent Chancery Court by requiring all custodian’s fees to be disclosed. Now we’re calling on the governor to open an inquiry. These thousand employees and our members deserve to have their voices heard. Enough is enough.”Opinion
Dear Friends,
Quick update, folks, on the case that made our Chancery Court known for its corruption worldwide.
You’ll see in the story below that TransPerfect is declaring victory. The truth is, I see this more as a tie.
As TransPerfect and its CEO Philip Shawe are the victims of the world’s largest Court scam in history, as i see it, I can see why the company might feel like this is a victory over Skadden Arps and over Delaware Court Corruption – but I view this result more like a tie. A tie that kicks the can down the road. And anything that kicks the can, in my view, allows Skadden and Bouchard’s cronies to keep stealing, using the Delaware flag as their stick-up gun.
I do know that Delaware Supreme Court Chief Justice C.J. Seitz, who twice declared himself conflicted under oath, now has a huge decision to make. To recuse? Or to circle the wagons? …and protect Delaware’s Old Boys Club Oligarchs.
What do you think, folks? As always, your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
March 03, 2022 05:30 PM Eastern Standard Time
NEW YORK & WILMINGTON, Del.–(BUSINESS WIRE)–TransPerfect, the world’s largest provider of language and technology solutions for global business, today announced that the Supreme Court of Delaware issued an order moving the matter TransPerfect Global Inc. v. Pincus from a three-justice appellate panel to the full Court to be considered en banc.
The order confirms that at least one of the Justices of the Delaware Supreme Court has recognized the merit of TransPerfect’s argument that the former custodian Robert Pincus and his law firm Skadden Arps took advantage of the Chancery Court’s lack of oversight and overbilled the company many millions of dollars.
TransPerfect argued, among other things, that retired Chancellor Bouchard erred by awarding vast fees to his former employer Skadden for work performed in making many unnecessary and losing motions (including three unsuccessful contempt motions against the company). It also objected to Bouchard’s award of what amounted to “fees on fees” being charged by Pincus and Skadden despite his fiduciary duty to the company.
Unrelated to alleged billing fraud, TransPerfect also argues that Skadden alum Chancellor Bouchard issued an overly broad Discharge Order that unconstitutionally expanded the Securities Purchase Agreement drafted by Pincus and Skadden to create far more benefits for them than they negotiated. Bouchard’s overreaching (which was encouraged and drafted by his former employer, Skadden) even went so far as to impose obligations and restrictions on non-parties for the benefit of Pincus and Skadden.
“TransPerfect has done nothing but succeed for our clients, and create thousands of jobs—and for this, we’ve endured nearly 10 years and $50 million of pillaging at the hands of the Delaware Chancery Court and its appointees. It’s time for the Delaware Supreme Court to step in, stop what we consider to be fraudulent billing practices by Robert Pincus and Skadden Arps, limit the Chancery’s power to unconstitutionally rewrite contracts, and put this matter to rest,” stated Phil Shawe, TransPerfect President and CEO.
Under the rules of the Delaware Supreme Court, the case will be presented to the full five-member panel en banc because the original three-member panel could not reach a unanimous decision. While the split decision itself was a significant victory for TransPerfect, concerns exist about whether a fair appeal can be heard in front of the five-panel bench because Chief Justice CJ Seitz has twice disqualified himself on appeals involving the company. His conflict of interest now seems more acute because this appeal will likely affect the viability of a pending case between TransPerfect and Chief Justice Seitz’s former law firm Ross, Aronstam & Moritz. Ross Aronstam was sued for malpractice based on a claim that the firm failed to adequately represent TransPerfect (as its appointed attorney) and instead took instruction from Pincus to assert in Chancery Court that it was NOT in TransPerfect’s best interest to see the bills it was being court ordered to pay to Skadden Arps.
See the Breaking News
OPINION
Dear Friends,
I have spent many years studying history and politics. I have the education and political experience for my opinions to deserve some credibility. Folks, in my entire life, I have never seen an American President (in my educated view), so absolutely evil, incompetent, stupid, crooked, and despicable as President Joe Biden. As a patriot and a caring citizen of the United States, I never would have considered in the past ever to say the things that I think about Joe Biden at this very moment. The man does not deserve my respect or anybody’s for that matter. I consider him an abomination that has put our country in terrible danger—compromising our economic stability and our personal freedoms.
Folks, Biden sold out this country through his son Hunter, 1.5 billion from China, 3.5 million from Russia, millions from the Ukraine, and millions from other countries. Biden took this country from being completely energy independent to depending now on foreign oil and most of it coming from Russia. Biden clearly appears to have been paid off to allow Russia to supply the world with oil and natural gas, to be able to hold Europe hostage, while Putin attacks with impunity the Ukraine in the most unprecedented takeover of a sovereign country since World War II.
The Ukraine situation has occurred because Putin clearly knows that Biden is going to do nothing and after observing Biden’s grotesque handling of the Afghanistan withdrawal, this American President’s incompetence and weakness are clearly paramount.
The ridiculous sanctions that Biden is proposing are a little too late and the obvious corruption in allowing Putin to prosper, while America suffers economically, is outrageous. I have a Ukrainian friend who is married to an American Delawarean, who is stranded in the Ukraine, and attempting to escape to Poland, however the danger she will face is deeply concerning. The Russians have already killed many Ukrainians and the situation is getting worse by the minute.
Former great President, Teddy Roosevelt, once said, “America should walk softly, and carry a big stick.” We have done so for years, but now insipid traitor Joe Biden, in my view, carries only a toothpick, as he and his intrinsically evil conspirators intend to control your lives with a socialist, despotic agenda that denigrates our freedom and potential prosperity.
As always, your comments are welcome and appreciated. As I see it, folks, these are crazy, disconcerting times and Biden is responsible.
Sincerely yours,
JUDSON Bennett-Coastal Network
www.CoastalNetwork.comOPINIONLeo Strine #MeToo’d at Bourbon Street Bar?
Former Chancellor Bouchard’s Rumored “relationship” with Tulane Law Professor?
Kevin Shannon Co-Paneling with Judges to Steer Case Outcomes?
… It’s One Dark Rumor After Another but rooted in circumstantial happenstance.
… It all stems from Taxpayer Dollars being wasted In The Chancery’s Annual New Orleans, incestuous, back-scratching, road trip!
Will Delawareans Continue to Allow Taxpayer Dollars to Finance Chancery March Madness in New Orleans?
Dear Friends,
Rumors are just rumors, but when there is enough smoke, one must consider the possibility of fire…
This Tulane boondoggle is a virtual symbol of Chancery Court corruption, and it’s high time we shut the Good Ole Boys Club down in it, or at least stop Delawareans paying for it! I have heard more stories from more credible sources than I can remember about debaucherous behavior from these Delaware Law Supervillains in the Big Easy. It’s time to reign in this event!
As I have said, Delaware’s Chancery Court and its parasitic cronies are the Purdue Pharma of the legal world, and this boondoggle party throwing is precisely analogous to the predatory tactics of the Purdue Pharma sales reps.
Yes, Bouchard and Strine both resigned in disgrace—but before they were brought to justice for their corruption in the TransPerfect case. So, you might say, why do I care? Because history tends to repeat itself.
Don’t defund the police. Send these racist corrupt cronies of Chancery a message, and… Defund the Chancery Court New Orleans Boondoggle!!!
Call your elected representatives and defund Chancery’s Bourbon Street Debauchery.
A link to the event:
Please send your feedback on this, folks. It’s always appreciated and welcome.
Respectfully Yours,
Judson Bennett – Coastal Network
P.S. For background on Bouchard-Era Corruption, and why it is so important to end it,
please see my own article from 5 years ago calling out government corruption:
I’m a grumpy old white guy who thinks the best person for the job should get the job. Period. That said, my readers need to understand the level of corruption and hypocrisy that’s about to bite Delaware in the ass.Now Martin Luther King III, the oldest son and oldest living child of civil rights leaders Martin Luther King Jr. and Coretta Scott King, has his eye on Delaware’s politically-connected cronies. As I have done for years, he specifically out calls Skadden Arps, and its revolving door of judges in the Old Boy’s Club.
Check out this piece in The Hill below and let me know what you think. Your feedback is always welcome and appreciated.
(Under no circumstances do I agree with the article below, which is insulting to any clear thinking American, however the hypocrisy and internal corruption in Delaware’s judicial operation in my view is paramount and needs to be addressed.)
Biden has been revolutionary on judicial diversity — states should learn from him
BY REV. AL SHARPTON AND MARTIN LUTHER KING III, OPINION CONTRIBUTORS — 02/20/22 12:01 PM EST
THE VIEWS EXPRESSED BY CONTRIBUTORS ARE THEIR OWN AND NOT THE VIEW OF THE HILL
Throughout the 2020 election, President Joe Biden made the nomination of the nation’s first Black woman to the Supreme Court a central pillar of his campaign’s agenda — a pledge that if fulfilled, would cement his legacy as the most prolific judicial activist to occupy the White House in a century.
As Justice Stephen Breyer is set to retire, we are hopeful, indeed we are confident, that President Biden will keep his promise to the American people to add balance and more fair representation to the nation’s highest court — the same court that upheld “separate but equal” treatment of Americans based on race until the 1950s, and that currently has just one Black and one Hispanic jurist.
Although our optimism is cautious, the Biden administration’s record in filling vacancies on the nation’s most critical courts with diverse candidates who are qualified beyond dispute is undeniable.
Already in his first year in the Oval Office, President Biden has appointed more Senate-confirmed judges to the federal bench in a single year than any other president since Ronald Regan, including 24 percent of the total Black women across the entire federal court system. Moreover, nearly 70 percent of the president’s Circuit Court nominees have been people of color, while over 78 percent have been women and over 40 percent have been Black women.
Of the 42 Biden appointees already confirmed by the Senate, over half were women of color. Those appointees include 2nd Circuit Judge Beth Robinson, the first openly LGBTQ woman to serve on the Federal Court of Appeals, and Judge Tiffany Cunningham, the first Black judge on the Federal Circuit.
In total so far, the Biden White House has appointed 84 nominees to the federal bench — each and every one of them as qualified as any of their peers. In fact, a recent analysis showed that nearly 60 percent of this administration’s nominees attended a top-14 law school, while over 82 percent of the Black women nominated by the president received the highest possible rating for federal judicial nominees by the American Bar Association, proving definitively that diversity does not come at the expense of quality and experience.
Despite the hypocritical and empty words of some critics thinly masking their biases behind cries of political gamesmanship, Biden’s judicial diversification efforts are not radical, but a necessary course correction following centuries of inequitable treatment under the law for minorities.
From law schools to elite “white shoe” law firms like Skadden Arps, from courthouses to parole boards, for too long the cornerstones of our justice system are disproportionately white, and therefore not representative of the American people. Lacking representation is a foundational flaw that exists in every pillar of our nation’s legal structures — a flaw so deep that it has sown seeds of distrust in minority communities for decades. As a result of the unending body of evidence that people of color receive unequal treatment under the law, 87 percent of Black Americans believe they are treated less fairly than their white neighbors.
To that end, the precedent set by Biden over the last year must be studied and replicated by every governor in every statehouse across the country. As 83 percent of state-level high court judges are white, the Supreme Court is just the tip of the iceberg.
Take the president’s home state of Delaware as an example. The overwhelmingly Democratic and supposedly liberal ‘First State’ faces staggering and unacceptably low levels of diversity in its judicial ranks. Our analysis of Delaware’s highest courts showed fewer than 15 percent of the justices are Black, despite Black people making up a disproportionate percentage of the state’s prison population. As a matter of fact, right now, Delaware Gov. John Carney (D) has an opportunity to turn his record on judicial appointments around by nominating a Black justice to the Court of Chancery.
To make sure Carney lives up to President Biden’s footsteps, we are now working side by side with local activists and judicial advocacy groups to fight for diversified courts in Delaware, because we know that leadership at the top does not just filter down naturally. The transcendent change we wish to realize will take an extraordinary effort to accomplish, an effort that every American should fight to make, from city halls to statehouses to the Supreme Court.
OPINION
Dear Friends,
The Democrat Party stinks to high heaven! All we heard on MSNBC, CNN, NBC, ABC, CBS and others from corrupt and incompetent news people, was how President Donald Trump was colluding with Russia. The likes of creepy little jerk, Adam Schiff, phony hypocrite Chuck Schumer, and elitist Nancy Pelosi, was how terrible Donald Trump was. Well guess what folks? The diatribe against Trump was nothing but lies propagated and completely financed by Hillary Clinton. She paid people to hack Trump’s servers and input false and negative information about him. This is the most heinous political crime in U.S. history (much bigger than Watergate) and Hillary Clinton should go to prison. Special Prosecutor Durham has come forth with a bombshell report that has got the drive by media and Democrat sycophants running for cover.
When you combine this grotesque, criminal, Clinton operation with the influence peddling by Joe Biden for millions of dollars, denigrating our national security, you clearly have a corrupt political party led by insipid, dishonest people. Folks, that is the government of the United States. A government that is incompetent, dishonest, and totalitarean.
Folks, these people are dedicated to feathering their own nests, while controlling every aspect of your lives. This cannot and will not be tolerated by we the people. I demand equity and honesty in my government and a government that provides opportunity for prosperity and freedom.
The Democrat party has become an abomination of corruption, despotism, and criminal activity. Folks, throw the bums out, put them in jail, and never let this crime wave of Democrat dishonesty ever raise its ugly head again. In November, we have a peaceful opportunity to stop the movement of Socialism/Communism from gaining any more momentum. Locking up Clinton and Biden would be a good start.
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
The day before yesterday, I stepped off the pavement coming out of my condo and fell flat on my face, broke my nose, lacerated my knee and fractured my knee cap. I feel like hell, look like someone beat me up, and am limping around very slowly. Considering it could have been much worse, I consider myself lucky. Folks, I live in paradise, my condo overlooks the intercoastal, and palm trees are everywhere. Unable to move much, I spent the day yesterday sitting in my “lazy boy” watching television and reflecting on a few things.
I had a few thoughts about my life in Lewes, Delaware where I was born and raised. We lived right on the beach front. As a child, I crabbed, fished, swam and played in the marvelous sand dunes. I remember my first romance with Josephine Linder Dupont Bayard. I remember my father and mother – Walt and Alma Bennett. I remember my life as a Delaware River Pilot, guiding ships of all kinds and all nationalities in and out of the Delaware River to and from the Ports of Philadelphia. I remember the birth of my wonderful son, Walter on May 2, 1969.
Always involved in politics. I served as the Republican Chairman for several years of both the 14th and 37th Districts in Sussex County, was a delegate to the Republican Convention, and was a lobbyist in the state legislature. I had the honor of being the Sussex County campaign manager for John Burris’ gubernatorial campaign and the Sussex County campaign manager for Ray Clatworthy’s campaign for U.S. Senator against Joe Biden. What a fine man Ray Clatworthy was. He should have won, if character, honor, honesty, education, and patriotism had been the issues. Unfortunately, my friend Ray Clatworthy has passed away, and Biden, who in my view is the most dishonest and insipid man in U.S. history, is now President of the United States.
Folks, did you know that I was once voted the Conservative Man of the year by the Conservative Caucus of Delaware?? (LOL!) I suppose I deviated slightly from my conservatism when I ran for County Council against Democrat Lynn Rogers on a managed growth platform, losing to him by only 3 votes. Actually Lynn is a fine man who is probably more conservative than I am these days. I respect him immensely. It was all interesting and I learned so much.
I have met Donald Trump several times, now there is a piece of work. I wonder if he will run again. I like Governor Ron DeSantis who is the best Governor in the United States.
Enough reflection, something different to write about, as I ponder it all. Got some time to do a lot of thinking while I heal.
Best regards to everybody. Many blessings.
Sincerely yours,
JUDSON Bennett-Coastal Network
It Took Delaware 15 Years to Dissolve Opioid Maker Purdue Pharma, After it Knew that their Oxy product Was Killing People. Yet It Took Chancellor Bouchard Only 13 Months to Move to Dissolve Industry Leader TransPerfect, Whose Product Hurt No One
Corruption? Is There Even Another Thought?
Shocker: Chancery Feeder System for Judges Skadden Arps Represented Purdue and Made Millions on the Opioid Crisis.
Dear Friends,
After Delaware knew that Perdue Pharma was killing people, it took them 15 years to dissolve the company. Meanwhile, TransPerfect – whose product helps customers go global and never hurt anyone – was ordered to resolve by our Chancery Court in 13 months. You see the contrast, folks?! It’s a sad joke! That’s Delaware’s Chancery Court.
A decade-and-a-half after our Chancery Court knew the use of opioids – and that OxyContin was addictive and killing people – the court finally took action. But when it turns out attorney Kevin Shannon and the attorneys at Skadden Arps can make a king’s ransom, they force an industry leader – who hurt no one – to dissolve in 13 months. The sheer imbalance leaves me with no other explanation than corruption in Chancery.
See the story below. I congratulate TransPerfect on exceeding $1 Billion in annual revenues— and I again demand an investigation by elected officials into the TransPerfect case.
I had high hopes for McCormick, but she has not shown herself to be an impartial fact-finder, and has not disclosed her conflict in having represented HIG, the 100% owner of TransPerfect’s main competitor. Perhaps worst of all, she appears content to allow $2,000-per-hour friends at Skadden Arps to continue their endless cycle of billing for nothing, to the detriment of thousands of working-class TransPerfect employees and their families.
Please send your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
Judson Bennett – Coastal NetworkTransPerfect Clears Billion-Dollar Mark in 2021 Revenues
By Esther Bond
On January 31, 2022
The results are in for TransPerfect and 2021 was a milestone year. The Super Agency has just become the first language service provider (LSP) ever to record annual revenues of USD 1bn or more.
As a privately-owned company headquartered in the US, TransPerfect is not required to disclose revenues publicly but has chosen to do so on a regular basis.
TransPerfect not only crossed the billion-dollar mark to hit revenues in excess of USD 1.1bn in 2021 but also successfully retained its spot as the world’s largest LSP by revenue — despite a head-to-head challenge from UK rival RWS following its transformative acquisition of SDL in late 2020.
The figure represents a 31% increase from TransPerfect’s 2020 revenues of USD 852m. Put differently, TransPerfect added roughly USD 260m to its top line in the space of 12 months. In the final three months of 2021 (Q4), revenues grew 33% (+USD 83m) from the same quarter the previous year.
+80% Organic
Although a portion of TransPerfect’s growth came from M&A transactions completed in 2021, such as the acquisition of Semantix in late July, the majority of growth in 2020 (more than 80%, in fact) was organic — this according to TransPerfect President and CEO, Phil Shawe.
Shawe also confirmed that the USD 1.1bn revenue figure includes contributions from companies TransPerfect acquired from the date the transaction closed. This means the top-line figure includes around five months of contributions from Nordic translation and interpreting provider Semantix, which was the most sizable of TransPerfect’s 2021 acquisitions at around USD 87m in annual revenues.
Discussing TransPerfect’s increased presence in the Nordics, Shawe said, “Coming into the merger, the Semantix team had a very clear vision of how the combined companies can collectively support their customers’ needs as a local provider in the Nordics while also leveraging TransPerfect’s global footprint and GlobalLink technology.”
Among TransPerfect’s 2021 acquisitions are UK-based web marketing company Webcertain, Spain-based Polford Studios, and Skilltelligence, a data services provider based in Poland, in addition to a clinical research services company and a language training firm.
Broad-based Growth and Outperformers
Shawe described TransPerfect’s organic growth in 2021 as “spread fairly evenly across geographic regions and business sectors.” The company’s GlobalLink technology division, which includes an enterprise translation management system (TMS) solution, and DataForce, its data collection and annotation services, outperformed on growth.
Meanwhile, revenues from TransPerfect’s machine translation solutions increased 38% from 2020. The biggest growth in demand for its AI solutions came from customers in the life sciences, legal, financial, and manufacturing sectors.
Shawe said the company now invests more than USD 40m in technology R&D annually. Key items on the technology roadmap include upgrading the common elements of the GlobalLink platform, streamlining the UX, and integrating various GlobalLink modules.
He added, “This includes releasing new non-translation technology focused on functionality ranging from file sharing to video content management. Other major releases planned for 2022 include new versions of our online translation and review editors, enhancements to our PDF workflows, and a host of new features for DataForce.”
Broad-based sector growth is set to continue in 2022, with Shawe expecting GlobalLink technology sales to display “continued strength.” He also pointed out that demand from TransPerfect’s gaming customers has been increasing for some time and continues to do so.
Commenting on trends directly linked to the lifting of pandemic-related restrictions, Shawe said the travel and hospitality sector is continuing its recovery and is also expected to “outperform others” in 2022. Meanwhile, “interpretation and live captioning will likely increase proportionately with the return of live events.”OPINION
Dear Friends,
I wrote last month about the sad day for Delaware’s Chancery Court, as Vice Chancellor Joseph Slights announced his retirement. He served as a voice of reason among unjust judges including Andre Boucahrd and Leo Strine. The Good Ole Boys” cronyism and corruption in our Chancery Court, in my view, reared its head in the ugliest of ways during the TransPerfect case. I reached out to folks at the company to hear their thoughts on what Slights did for the company in recent years.
Here’s their response from a minority senior executive, who spoke to me under the condition of anonymity:
“TransPerfect and its employees thanks Justice Slights for his public service, and the work he did when employed by TransPerfect founders, in trying to prevent Chancellor Bouchard’s illegal takeover of the company. After the takeover, the company feels it was a victim of severe racism by Bouchard, the Chancery Court and its agents, like (Robert) Pincus and Skadden Arps – and we encourage Governor John Carney to change the all-white court by appointing a person of color to fill the vacancy created by the departure of VC Slights. Delaware should know, TransPerfect will never stop fighting for Justice, and to clear its name from Bouchard’s farcical and corrupt lies.”
I’m for fair, equal treatment for all. Going forward, the court needs a person with integrity like Slights, otherwise Delaware is worse off.
Please send your feedback on what this means for Delaware, folks. It’s always welcome.
Respectfully Yours,
Judson Bennett–Coastal NetworkDear Friends,
I write this brief dissertation with acute anger, frustration, anxiety, and determination. I could go on and on about the horrible and disconcerting operation of the Biden administration and the absurd and grotesque positions and actions of the Democrat Party, including the hypocrisy involving Covid mandates, the outrageous southern border situation, the Afghanistan debacle, the constant attempt to reduce our freedoms, and the teaching of Critical Race Theory in our schools.
I wanted to simply mention a few of the innumerable inequities among many created by this vicious Democrat agenda that is hell-bent on changing America into something unrecognizable. The constitution is under attack and the freedoms we enjoy are in jeopardy. I frequently write about all of these things, however, the most pressing issue which affects our safety and security is the unbelievable increase in crime in our once-great American Cities!
Folks, This situation has been created by incompetent leadership. When a Mayor and Council in cities such as Los Angeles, San Francisco, Chicago, Detroit, Philadelphia, New York, and many others have eliminated cash bail and have significantly defunded their police departments, how could any reasonable or logical person expect any other outcome?
When a person is arrested for a crime, a judge used to set a significant cash bail and if the perpetrator couldn’t come up with the money, he went to jail until his trial. In most cases, violent criminals ended up in jail, unable to repeat their offenses. Now, these dangerous individuals are emboldened–permitted to rob, intimidate, and murder with impunity. Imagine your wife or your daughter being punched in the face for no reason, or car-jacked, or pushed off a subway platform to a horrible death, and the criminals are released the next day because no bail was required? How would you like to own a business that involved your life savings and work to have it broken into by roving gangs that steal all your inventory and put you out of business? Folks, these dangerous felons are permitted to do these terrible things because there are seemingly no consequences.
I say to myself, why would any reasonable and intelligent leader do away with the requirement for bail, to allow criminals to continuously repeat their heinous crimes? There is only one logical conclusion. The Mayors of these cities feel that it is justified to allow these people to commit crimes without punishment. No person, no business, not your wife, not your child, not your mother or grandmother. Nobody is safe on our streets and it is the fault of the leadership! I am sure some of you liberal sycophants will say that this is outrageous. Absolutely not, it is simply a statement of fact and it is accurate, whether you like it or not.
What is the solution? It is very simple. Bring back bail for criminals and increase the funding for police. However these liberal and corrupt Mayors will never do that. The only way things will change and crime properly controlled is to elect Republicans who will not tolerate this crazy and corrupt situation which is clearly intentional and for the purpose of disrupting our society and eventually turning it into a tyrannical, socialistic operation with no freedom to be safe and secure. This can no longer be tolerated and we the people must take back our country or we won’t have a country.
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
Dear Friends,
It’s a sad day for Delaware and our Chancery Court system, as a good guy, Vice Chancellor Joseph Slights, announced his retirement after years of service to America’s First State. He was a voice of reason and guidance among unreasonable, unjust judges including Andre Boucahrd and Leo Strine. Their “Good Ole Boys” back-scratching, favoritism and cronyism has ruled a corrupt Chancery Court, in my view. The court is worse off with Slights stepping down.
My knock against him was he didn’t stand up for TransPerfect when he was on the Chancery Court bench. Slights was the man who, as a Morris James attorney, fought for TransPerfect Chief Executive Philip Shawe, saying the company was not dysfunctional and fought for no sanctions.
Slights knew it was all bullshit and fought Bouchard’s corruption hard, as Shawe’s attorney in private practice. He argued that the company shouldn’t be dissolved in a no-witness case, and justice should prevail—for Shawe, TransPerfect, and thousands of company workers. However, while his good work for Shawe helped Slights get promoted—it’s worth repeating that he never spoke up when he was on the bench. That speaks to the deep dysfunction and “Good Ole Boy” pressure for honest judges to bend to the corrupt will of the Chancellor, in a Bouchard-Era Chancery Court.
Going forward, the court needs a person like Slights to replace him, otherwise Delaware is worse off. See the Delaware Business Now story below on his retirement. Please send your feedback on this sad day for Delaware, folks. It’s always welcome.
Vice chancellor Slights retiring from Chancery Court – Delaware Business Now
By Delaware Business Now – January 13, 2022
Vice-Chancellor Joseph Slights III has announced his retirement.
Joseph Slights III
Slights’ departure is national and even international news because Chancery has remained the leading court in dealing with complex corporate disputes.
The court also handles selected civil areas such as guardianships.
“Vice Chancellor Slights has been a tremendous asset to our court and, indeed, our state; he will be sorely missed,” stated Chancellor Kathaleen McCormick. “He has done us the courtesy of announcing his retirement well in advance of his anticipated end date so that we can ensure an orderly transition. Per the usual process, the timeline for posting his position and selecting and confirming his replacement will be established by Judicial Nominating Commission, the Office of the Governor, and the Senate Assembly.”
Slights III was sworn in as a Vice Chancellor in 2016.
Before his appointment, Vice Chancellor Slights was a partner in the Delaware law firm Morris James LLP where his practice included corporate and business litigation.
Before that, he served a 12-year term as a Judge on the Superior Court of Delaware where, among other assignments, he was instrumental in forming the Court’s Complex Commercial Litigation Division.
Longtime Chancery Court critic Citizens for a Pro-Business Delaware again demanded that Gov. John Carney appoint a Black Vice-Chancellor.
In recent years, the group has criticized the state’s court system and Chancery in particular for being all white, after the departure of Black vice-chancellor Tamikia Montgomery-Reeves who now serves as a Supreme Court justice. She was succeeded by
“The days of an all-white Chancery Court are over. It’s time for Governor Carney to appoint a person of color immediately,” a spokesman for the group stated.
Citizens was formed during a dispute over TransPerfect’s sale after its 50-50 partners could not agree on a buyout. The legal wrangling has continued with TransPerfect disputing fees paid to a custodian appointed by Chancery Court to oversee the sale.
The group has also criticized retired members of the court for moving to posts at corporate law firms.
OPINION
Dear Friends,
It’s a sad day for Delaware and our Chancery Court system, as a good guy, Vice Chancellor Joseph Slights, announced his retirement after years of service to America’s First State. He was a voice of reason and guidance among unreasonable, unjust judges including Andre Boucahrd and Leo Strine. Their “Good Ole Boys” back-scratching, favoritism and cronyism has ruled a corrupt Chancery Court, in my view. The court is worse off with Slights stepping down.
My knock against him was he didn’t stand up for TransPerfect when he was on the Chancery Court bench. Slights was the man who, as a Morris James attorney, fought for TransPerfect Chief Executive Philip Shawe, saying the company was not dysfunctional and fought for no sanctions.
Slights knew it was all bullshit and fought Bouchard’s corruption hard, as Shawe’s attorney in private practice. He argued that the company shouldn’t be dissolved in a no-witness case, and justice should prevail—for Shawe, TransPerfect, and thousands of company workers. However, while his good work for Shawe helped Slights get promoted—it’s worth repeating that he never spoke up when he was on the bench. That speaks to the deep dysfunction and “Good Ole Boy” pressure for honest judges to bend to the corrupt will of the Chancellor, in a Bouchard-Era Chancery Court.
Going forward, the court needs a person like Slights to replace him, otherwise Delaware is worse off. See the Delaware Business Now story below on his retirement. Please send your feedback on this sad day for Delaware, folks. It’s always welcome.
Respectfully Yours,
Judson Bennett–Coastal Network
By Delaware Business Now – January 13, 2022
Vice-Chancellor Joseph Slights III has announced his retirement.
Slights’ departure is national and even international news because Chancery has remained the leading court in dealing with complex corporate disputes.
The court also handles selected civil areas such as guardianships.
“Vice Chancellor Slights has been a tremendous asset to our court and, indeed, our state; he will be sorely missed,” stated Chancellor Kathaleen McCormick. “He has done us the courtesy of announcing his retirement well in advance of his anticipated end date so that we can ensure an orderly transition. Per the usual process, the timeline for posting his position and selecting and confirming his replacement will be established by Judicial Nominating Commission, the Office of the Governor, and the Senate Assembly.”
Slights III was sworn in as a Vice Chancellor in 2016.
Before his appointment, Vice Chancellor Slights was a partner in the Delaware law firm Morris James LLP where his practice included corporate and business litigation.
Before that, he served a 12-year term as a Judge on the Superior Court of Delaware where, among other assignments, he was instrumental in forming the Court’s Complex Commercial Litigation Division.
Longtime Chancery Court critic Citizens for a Pro-Business Delaware again demanded that Gov. John Carney appoint a Black Vice-Chancellor.
In recent years, the group has criticized the state’s court system and Chancery in particular for being all white, after the departure of Black vice-chancellor Tamikia Montgomery-Reeves who now serves as a Supreme Court justice. She was succeeded by
“The days of an all-white Chancery Court are over. It’s time for Governor Carney to appoint a person of color immediately,” a spokesman for the group stated.
Citizens was formed during a dispute over TransPerfect’s sale after its 50-50 partners could not agree on a buyout. The legal wrangling has continued with TransPerfect disputing fees paid to a custodian appointed by Chancery Court to oversee the sale.
The group has also criticized retired members of the court for moving to posts at corporate law firms.OPINION
Dear friends,
There is no doubt in my mind that the Republicans are going to take back both Houses of Congress in this year’s November 2022 midterm elections. The entire Democrat agenda has turned off the American people with Joe Biden and Kamala Harris sinking to a remarkable, low, job approval rating of only 33%. Joe Biden, when you consider his unbelievable incompetency, which many are realizing – especially of his disgraceful Afghanistan withdrawal – makes him unlikely to be reelected and VP Harris has less of a chance.
If Donald Trump wants the Republican nomination for President in 2024, it is his. I believe he could win over Biden, Harris, or even Hilary Clinton (if the Dems dump Biden in favor of her). However, I am enamored with Florida’s Governor Ron DeSantis, who is the best Governor in the United States. He has provided freedom for Florida’s residents vs. the totalitarian regimes of so many despotic Governors in America’s blue states. DeSantis would be a great President and is also very electable.
The only slight doubt I have about Trump was his stance on January 6, 2021 when he suggested the crazy idea that VP Mike Pence could thwart the election results during the administration of the validation process. Nothing in the Constitution allows that and this issue will come up if Trump runs again. Regardless, Trump’s platform, his entire operation was magnificent and our economy was sizzling, which is why when you compare Biden’s dismal performance to Trump’s efficient operation, it makes Trump’s possibilities very positive. On the other hand, DeSantis with less baggage, would in my view be an absolute shoe-in! It should be interesting to see who will emerge as the Republican Candidate for President of the United States.
If the election is fair and without fraud, I am certain, regardless of who the GOP will put forward, we will see a Republican President again. What do you folks think? Trump again or DeSantis? Perhaps someone else? Let me know your thoughts. Your feedback is welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
The Chancery Court drama never ends. The injustice, cronyism and favoritism runs as deep as ever, folks. A sham, you’ll see from the story below, where attorney Kevin Shannon won an argument in Delaware’s Chancery Court that a judge shouldn’t get involved in, because it was an unworkable solution. In my opinion, he swiped millions in the infamous TransPerfect deal for he and his friends, where former Chancery Court Chancellor Andre Bouchard got way involved!
How corrupt and ridiculous is this, folks? This guy – one of the filthiest attorneys for a decade now as I see it – engineered stealing millions from employees at TransPerfect. NOW he’s able to get away with saying a judge shouldn’t get involved, after a case where he was more than happy for the judge to get involved because it made millions for his friends?!
Vice Chancellor Sam Glasscock wrote, “The complexity of the business judgments involved… would involve the court in the seller’s business far beyond the boundaries of equity.” How does our government grant one side’s motion that Shannon argued would enmesh the courts too much in the other side’s business, when it’s the OPPOSITE of what happened in the TransPerfect case?!
Outrageous! Such hypocrisy and cronyism grows like weeds in Delware’s Chancery Court. This stinks to high-heaven, folks.
Please send your feedback! It’s always welcome and appreciated.
Share us on:
Law360 (September 8, 2021, 3:48 PM EDT) — AbbVie Endocrine Inc. has lost a bid for a Delaware Chancery Court injunction that would bind Japan’s Takeda Pharmaceutical Co. Ltd. to North American delivery targets for a globally important drug as part of an eventual contract breach award, despite AbbVie’s claims of irreparable harm risks.
Vice Chancellor Sam Glasscock III found in a 24-page post-trial opinion Tuesday that approval and enforcement of AbbVie’s injunction request and oversight of Takeda’s production and distribution mandates for the drug Lupron would be unworkable regardless of the court’s corporate and commercial law clout.
“The complexity of the business judgments involved, and the involvement of the court required to differentiate contemptuous from non-contemptuous failures to comply, would involve the court in the seller’s business far beyond the boundaries of equity,” the vice chancellor wrote.
Moved toward trial by the opinion are AbbVie claims for damages arising from alleged breaches of Takeda agreements to supply Lupron, a drug used to treat prostate cancer, endometriosis and other conditions. AbbVie distributes Lupron — generically known as leuprorelin and listed as a World Health Organization essential drug — in the United States and Canada.
Triggering the dispute was a U.S. Food and Drug Administration inspection of Takeda’s Lupron manufacturing facility in Japan in November 2019 that found “significant violations of current good manufacturing practice.” The agency called for corrective actions that initially curtailed production and then increased required manufacturing time and costs.
Takeda reported that it immediately put into place a comprehensive response and correction program. But AbbVie accused the producer of favoring its own direct sale customers and allocating supplies to users in other nations while failing to meet its AbbVie obligations.
Worldwide shortages of Lupron developed along the way, with AbbVie reporting continuing supply problems despite its contract rights. Full compensation, the vice chancellor wrote, could prove elusive.
“For the purposes of this memorandum opinion, I will assume that the loss of customers, including doctors, loss of reputation and loss of market share experienced by AbbVie led to an injury not wholly repairable by damages,” the vice chancellor wrote.
Takeda estimated that it spent about $30 million on remediation efforts last year, the vice chancellor wrote, adding: “Still, production of Lupron lags.”
During arguments on Aug. 3, following a four-day trial on the injunction motion in April, the vice chancellor said “I have some doubts about my ability to direct Takeda to do something that it presumably would already be doing if it could reasonably do it.”
AbbVie, however, disputed Takeda’s statements and commitments, accusing the company of lying about its sales in China in particular. Takeda allegedly invested $130 million in a factory equipped to make the drug in Osaka, Japan, to provide capacity for sales into markets in China, despite the availability of generic versions of Lupron in that country.
The vice chancellor said he would issue an opinion on AbbVie’s claim that Takeda breached its contract “in due course,” noting that there was no further need to expedite the case “in light of the fact that any relief here will be limited to damages.”
Transcripts of the trial and post-trial argument include scant detail on potential damages, although Takeda, one of the world’s largest pharmaceutical companies, noted at one point that AbbVie, while showing losses of customers and sales, had not yet shown detailed lost profits.
Takeda argued during the trial that a ruling in AbbVie’s favor could harm the public interest by setting a precedent that would act as a deterrent for pharmaceutical companies by limiting of flexibility for production complexities, including those caused by FDA investigations.
Asked to comment on the ruling, Takeda spokesperson Christina Beckerman told Law360 late Wednesday that the two companies have a long history of working together. She added: “While supply issues are difficult, our global alliance team has worked tirelessly to ensure transparency and collaboration between the two organizations. We look forward to continuing to partner with AbbVie to support patients.”
AbbVie did not immediately respond to a request for comment.
AbbVie Endocrine Inc. is represented by A. Thompson Bayliss and Joseph A. Sparco of Abrams & Bayliss LLP, and Paul J. Loh, Jason H. Wilson, Peter Shimamoto, Ashley L. Kirk, Lika C. Miyake, Amelia L.B. Sargent and Kenneth M. Trujillo-Jamison of Willenken LLP.
Takeda Pharmaceutical Co. Ltd. is represented by Kevin R. Shannon, Christopher N. Kelly and Daniel M. Rusk IV of Potter Anderson & Corroon LLP, and Fred A. Kelly Jr., Joshua S. Barlow, Tiffany Jang, David A. Zwally, Mark Basanta and Christopher Gosselin of Haug Partners LLP.
Dear Friends,
As a child and young adult, my parents, who were sophisticated and extremely well educated, exposed me to many things, including New York City. Every year my mother and father would spend a couple of weeks in the “Big Apple” and they took me with them (we stayed at the Plaza Hotel), eating in fabulous restaurants, seeing Broadway Shows, and attending sporting events. The eclectic atmosphere with many different cultures was fascinating. The City was alive with its own fabulous electricity and special soul. My mother and father took me to the Empire State Building, The Statue of Liberty, Madison Square Garden (where I saw Barnum & Bailey’s, Ringling Brothers Circus (The Greatest Show on Earth). I saw innumerable Broadway Shows, and even ate at the fabulous Sardi’s Restaurant where the critics would evaluate opening night performances. Later in life, my wife and I would spend several weeks in New York, doing the same things my parents exposed me to as a kid. We loved it and felt safe in the City.
After the folks in New York City experienced Democrat Mayor DeBlasio, the worst Mayor in United States history, who defunded the police, limited their abilities to do their jobs, increased taxes, and instituted draconian restrictions on businesses, combined with Governor Cuomo’s elimination of cash bail, New York City became an open sewer of crime. Interestingly, many of my friends who actually live there – especially those in the high end areas of Manhattan (I used to call it the “Silk Stocking Area”) – still defend the City as a great place to live. They haven’t been assaulted, raped, robbed, or murdered yet, but give it time!
Folks, with the end of DeBlasio’s absurd term as New York’s crazy Mayor, there was/is hope of a revitalization of sorts, a reduction of crime, especially with the election of Democrat Eric Adams, who served the people of New York City as an NYPD officer, State Senator, Brooklyn Borough President. He’s now the 110th Mayor of the City of New York and its 2nd Black mayor. Well folks, make no mistake, this guy is a liberal wolf in sheep’s clothing who from my research, will talk the talk, but never walks the walk. I was absolutely appalled when he said he is willing to allow the 800,000 illegal aliens and non-citizens to vote in New York City elections.
When you combine this anti-American activity with the election of New York’s new prosecutor Alvin Bragg who has
clearly stated, as I understand it, that he has no intention of prosecuting any crimes with the exception of rape and murder, New York City will denigrate into the most dangerous and uninhabitable municipality in America. Indeed, another, in my view, outrageous, beyond liberal, Black DA, who is quoted as saying – “These cases do not belong in criminal court. The punishments are disproportionately harsh, and fall disproportionately on the backs of people of color. … This is why I will not prosecute most petty offenses through the traditional criminal court system.”
New York City and its people have no idea how bad it is going to get. If I was a criminal who wanted to mug, rob, and hurt people, I would head for New York City where I could operate with absolute impunity. This idiot, Alvin Bragg, has even said he won’t prosecute an armed robber, as long as he doesn’t shoot?!
Folks, New York City is no longer the Big Apple, it has become the Rotten Apple, and you could not pay me to go there for any reason. No matter where you live, you are in danger and very soon the residents there will realize how bad it really is and how bad it is going to get with its new hypocritical mayor, no cash bail, and an absolutely crazy prosecutor. I predict veritable, criminal anarchy in this once great city, which will eventually be controlled by liberal despots and non-Americans who no longer believe in apple pie and motherhood. As long as this absurd philosophy and liberal agenda continues in our major cities, controlled by incompetent, power hungry Democrats, the country our forefathers created for life, liberty, and the pursuit of happiness will no longer exist.
That is the way I see it, and I believe we the people must rid ourselves of these dangerous leaders or our freedom will be gone. The 2022 election is coming in November and we must change things. As always your feedback is welcome and appreciated,
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I told you about the TransPerfect Music City Bowl game last week and what a game it was. I had no idea it would be so competitive and full of drama. I watched quite a few bowl games in the past few weeks, and this one took the prize. And I got lots of feedback from you, folks, so I wanted to let you know how well the game was received.
The game served as a victory for TransPerfect, which sponsored the bowl for the first time. I have written much about how I saw this company abused, mistreated, robbed, and nearly run out of business, in my opinion, by the corruption in Andre Bouchard’s Chancery Court—thankfully this case led to Bouchard resigning in disgrace with over 5 years remaining on his term.
You’ll see in the story below that the game had fantastic TV ratings and was the most-watched Music City Bowl in a decade. A sweet victory for the company that deserves much good luck coming its way, after the Chancery Court did nothing but take from it and its employees.
Glad to see good things happening where it is deserved. Thanks again for your feedback on this one, folks!
Please see the story below for the details.
Respectfully Yours,
Judson Bennett – Coastal Network
Attendance for the TransPerfect Music City Bowl was the third-largest of all bowls this season.
The game between Tennessee and Purdue on Dec. 30 had a record attendance of 69,489 at Nissan Stadium. Purdue defeated Tennessee 48-45 in overtime.
The only bowl games ahead of that was the Rose Bowl between Ohio State and Utah (87,842) and the Cotton between Alabama and Cincinnati (76,313).
Utah (87,842) and the Cotton between Alabama and Cincinnati (76,313).
The Orange Bowl between Georgia and Michigan also was sold out but capacity (66,839) is smaller than Nissan Stadium.
The Cotton and Orange bowls served as the semifinals for the College Football Playoff. The championship between Alabama and Georgia will be played Monday.
“It really kind of speaks volumes about the destination that Nashville’s become from not just the bowl but all of our sporting events here,” Music City Bowl president Scott Ramsey said. “The regionality of the two fan bases and the chance to fill the stadium up really created a great environment for the players.”
The Music City Bowl also recorded 5.6 million national television viewers making it the most-viewed non-New Year’s Six bowl this season and the third-most-viewed non-New Year’s Six bowl game in the past six seasons.
The ESPN broadcast was the most-watched Music City Bowl since 2010 (Tennessee-North Carolina), and the audience peaked with 8.9 million viewers the final 15 minutes.
“It was really just icing on the cake when you get a matchup of that magnitude and that excitement to have that many people view our game continues to allow us to move up in the postseason landscape,” Ramsey said. “It gave us the opportunity to showcase our city, showcase our new title sponsor in TransPerfect and was an overall exciting piece of the results this year.”
Locally the Music City Bowl posted a 14.3 television rating. It means 160,317 Nashville households tuned in. Local ratings for Alabama-Cincinnati were 17.3 and Georgia-Michigan 16.5. OPINION
Dear Friends,
This will be a brief dissertation to explain how dangerous, how disconcerting, how horrible, and how devastating to our freedoms, Biden’s “Build Back Better” legislation would be to the United States of America. What is frightening is there are only one or two votes in the US Senate that are keeping it from happening. Democrat Senator Manchin from West Virginia has decided he can’t support the bill and indeed he could still cave into compliance with the insidious pressure coming from his fellow Democrats.
Folks, this bill will shove America into a socialistic, inflationary society where all the dreams so many of us have worked for all our lives will be destroyed. The trillions of dollars that are proposed to be spent, much to affect controversial climate change and provide 87,000 new IRS agents to enforce compliance of Biden’s dictatorial regulations are and will be an abomination.
Already, under Biden’s despotic administration, with the help of several dictatorial Governors and Mayors, many businesses have gone out of business because of the ridiculous mandates instituted by this absurd government. Everything, our economy, our military, our cost of living, our security, and our personal freedoms are now being compromised directly and indirectly by President Joe Biden.
You have perhaps heard the words about the dangers of an “Orwellian” society. Well folks, a fellow named George Orwell wrote a book many years ago called “1984”. Many of you have not read it, unfortunately. It should be required reading in high school. Basically the novel involves a society where every move the people make is monitored and controlled by the government. “Big Brother is watching you” is a constant theme throughout this provocative and frightening piece of literature.
Well folks, the actual reality of this happening is indeed now apparent and one or two votes in the Senate is the only difference. In the recent past, Germany and Italy during World War II had totalitarian governments, Russia and the entire Soviet Union including its satellites were under dictatorial control where the secret police could and would come for you in the night. China operates that way now, and Biden is in bed with them, having sold his influence for a billion plus dollars through son Hunter.
In the proposed “Build Back Better” bill, the IRS will be allowed to monitor everybody’s accounts where $10,000 is deposited in a year’s time, which is most Americans. Even now, the Internal Revenue Service has unlimited powers that are concerning. Imagine, if these powers are significantly expanded in this grotesque bill. The IRS will become America’s secret police and yes, George Orwell’s novel will become a reality. Already, we have seen examples of Biden weaponizing the FBI to harass parents who are fighting against the teaching of “Critical Race Theory” in our schools.
Folks, the “Build Back Better” legislation is an abomination as are its proponents and creators, President Joe Biden and his Marxist administration. Be aware of the danger to your freedoms. Please speak up, call your legislators, or one day you will wake up into an Orwellian society with “BIG BROTHER WATCHING YOU!”
As always your comments are welcome and appreciated.
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Good Riddance 2021 and Welcome 2022
Dear Friends,
From my personal perspective 2021 was a year from hell. Frankly, as someone who has been around a while, seen many amazing things, had many ups and downs, I have always believed in and supported our great country, the United States of America and its Constitution, which in my life has provided me and most Americans with freedom, security, and unlimited opportunity if we were willing to work and take advantage of what this great country has to offer.
Regardless of the circumstances in which we were born—and indeed some have had advantages over others—this great country has, since its creation in 1776, fought wars to protect our freedoms and over the years, corrected its racial inequities and provided the basic opportunity for everybody to have the right to move about freely, to own property, to have freedom of speech, and to choose our own path towards potential prosperity.
The words “Life, Liberty, and the Pursuit of Happiness” have been paramount in my lifetime. Words most of us have taken for granted. Our elected officials, our leaders (especially our President), indeed those we the people, through free and honest elections, have put into office and have trusted to uphold our laws and protect our free enterprise system, have until now, maintained these high standards.
Folks, all this being said, throughout history, there have always been certain human beings, who have hidden agendas, dishonest presentations, authoritarian personalities, who desire the power to control the lives of others, and who through charismatic abilities, when unique circumstances become available, obtain power and operate as they wish. In America, we have supposedly been protected against the likes of Hitler, Mussolini, Tito, Stalin and the development of despotism. Communist countries like Red China and the former Soviet Union and the failed policies of Socialism, Americans, because of our constitution, assumed this could never happen here!
In 2020 and all of 2021 through the horrible Pandemic, Covid-19, which some evidence indicates came from a lab in Wuhan, China and has so far killed 800,000 Americans has given certain authoritarian and fanatical elected officials the apparent ability to take away your freedom, restrict opportunities, and destroy prosperity. President Joe Biden, Vice President Kamala Harris, and many Governors and Mayors who are true despots have used this grotesque man-made disease as a reason to dictate absurd power in an attempt to destroy our way of life. The evidence also indicates that the development of this virus came from the process of “Gain a Function” (the method of manipulating a virus to change it so it can affect humans).
The real rub is the evidence also indicates the process was funded with American Taxpayer dollars and provided to China indirectly by Dr. Anthony Fauci who is the main advisor and proponent of these odious restrictions that have put our way of life in serious danger! He is paid $800,000 a year by the government and has prevented innumerable therapeutic drugs from being made easily available to the US population. Why?
To describe 2021, in my opinion, is to call it the year of death, fear, political dishonesty, leadership incompetency, absurd fanatical logic, racial division, brain washing our children through Critical Race Theory, unbelievable increase in crime, the defunding of police, the destruction of our Southern Border (opening it to the world and severely compromising our national security, and authoritarian and unreasonable lock downs that have ruined the lives of many Americans who worked all their lives to develop successful businesses that have now been destroyed. Folks, for me it was the unhappiest, most disconcerting year of my life and I am glad it is soon to be over.
To briefly recap the significant and upsetting events of 2021, combining my personal opinions with what has actually happened, is indeed something I need to do in this dissertation:
1) January 6th, before Trump left office, after a rally of thousands of people where Trump spoke, indicating the election was stolen, Capitol Hill was invaded by right wing radicals, who created an untenable situation, threatening Democrat legislators during the election validation process and also VP Mike Pence who Trump mistakenly and wrongly criticized. Trump was impeached for the 2nd time and found not guilty by the Senate. What is interesting, Trump clearly stated he wanted a peaceful demonstration. He also had 10,000 National Guard standing by. The FBI was aware of a possible impending problem and did nothing! I believe Trump was innocent, but made a huge mistake in defaming his loyal VP Mike Pence.
2) Biden, as his first order as President, shut down the Keystone Pipeline, stopped all oil drilling, and created and took us from being energy independent to being dependent again on foreign oil—creating an oil shortage, affecting our entire economy.
3) Biden and Harris encouraged, along with many Democrat Mayors and Governors, a defunding of the Police which has created an epidemic of unprecedented crime.
4) Biden arranged through unprecedented financial giveaways and government loans where people had so much free money, they chose not to work. Millions of dollars were illegally stolen by corrupt individuals, because of Biden’s mismanagement. The lockdowns, restrictions, and mandates closed many businesses supported by authoritarian, power hungry Democrat Mayors and Governors. I got no relief checks or loans.
5) Biden opened the Southern Border to the world, stopped the Construction of the effective Border Wall and ordered the Border Patrol to not detain them. Well over 2 million illegals have come into the country we know about and over 500,000 are suspected to have not been caught. Thousands of illegals were put up in hotels, while many homeless veterans live on the streets. Illegals are being flown all over the country and dropped into states without the permission or knowledge of many Governors. Over 150 billion tax payer dollars are being used to support illegal aliens, many who are unvetted, carry Covid, many who are from dangerous Central American gangs, and also terrorists. Biden basically took the best and most effective Border policy in US history and turned it into the worst in US history.
6) Biden removed our Troops from Afghanistan, leaving the Taliban in charge, causing the death of 13 American Service Men and Women from the poor security he caused, leaving billions of dollars’ worth of military hardware behind, including innumerable armored vehicles, black Hawk helicopters, drones, thousands of assault rifles, machine guns, and ammunition. Hundreds of Americans were left behind and thousands of Afghans who helped us have been murdered. This was without a doubt the most significantly, mismanaged, military debacle in recent times and Biden is 100% responsible.
7) In Delaware, I was personally able to expose what I believe is a form of Corruption in the Court of Chancery, especially in the TransPerfect case. I believe my research and publications helped cause Chancellor Andre Bouchard to resign 5 years before his term was up. That was, in my view, one of the few things that were positive in 2021.
In my view, President Joe Biden is systematically trying to destroy our great American Dream. Great way to end up 2021?!
For me personally. Besides being extremely worried about my country, I was isolated, lonely, unhappy, lost friends and girlfriends in 2021. Truly the worst year of my life.
That being said, 2022 is a new beginning.
Alexander Pope in his “An Essay on Man” said those famous words: “Hope Springs Eternal.” I have my friends, in 2022 great hope, that we the people will begin to rid our country of these abominations, by the Republicans taking back the House and the Senate and removing the worst, most dishonest President and Vice president in US history. I am determined to revitalize myself personally, get beyond my sadness and frustration.
Folks, I wish you all a better and prosperous New Year. God bless you all and God bless America. Hope does spring eternal.
Sincerely yours,
JUDSON Bennett-Coastal Network
in Spite of Chancery Court Efforts to Keep the Company Down
Dear friends,
The TransPerfect Music City Bowl is happening today in Nashville at 3 p.m. Eastern Standard Time, as Purdue plays Tennessee in college football. The good news is the game is sponsored by one of the most successful companies in the world, TransPerfect. I have often written about the company, concerning its outrageous abuse by the Delaware Chancery Court, when former Chancellor Andre Bouchard was in charge.
Well, folks, I’m happy to report that TransPerfect has thrived in spite of Bouchard doing his best to throttle it as hundreds of millions have been swiped from the company and its employees by the Chancery Court and funneled to its cronies at big law firm Skadden Arps, among others.
I’ll watch the game on ESPN today and you should too! Let’s celebrate that this company is doing so well in spite of the obvious damage done by our no-longer-elite Chancery Court, which has egg all over its face and should be ashamed of itself for treating this company so badly.
It is interesting to see how justice and righteousness eventually prevail and how terribly wrong and compromised the Delaware Court of Chancery truly is!
Please click on the links below to get all the details. Hooray for TransPerfect and CEO Philip Shawe for persevering!
How to watch the game:
https://sports.yahoo.com/watch-tennessee-vs-purdue-football-120220412.html
Details on the game:
https://www.transperfect.com/about/news/music-city-bowl-lands-new-title-sponsor-2020
Hope you watch the game! Let me know if you do and your thoughts on my column today. Your feedback is appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkDear Friends,Merry Christmas and many blessings for the New Year from the Coastal Network. On behalf of myself and my entire staff, we wish you the best.God bless America!Sincerely Yours,JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
There is a monster living among us and that monster is President Joe Biden. Notwithstanding the fact that he is a proven liar, having lied about everything from his grades and degrees in college to defaming Curtis Dunn (the poor man whose truck was hit by Biden’s first wife), to lying about Nelson Mandela, to lying about his marriage and romance with his wife Jill, hiding his adulterous affair, and betraying a friend and political supporter. How in the hell did this guy get elected in the first place??? Folks, the people didn’t know it, because the press covered it up. Biden, having charisma in those days, unlike his demented state now, was remarkably interesting to listen to. He could talk for hours off the cuff, and he was impressive. Unfortunately, the intrinsically evil and dishonest side of this con-man was never produced for public view and he was re-elected over and over again.
Then, he was picked by Obama as his VP, lending his insidious con-game some credibility. During his 8-year period as Vice President, in my opinion, he was able – with the help and talent of his son Hunter – to peddle his influence to Ukraine, China, Russia, Romania, and others for millions of dollars. Hunter, as we know, is supposedly under investigation, however it appears he is being protected by the U.S. Attorney David Weiss?? Then we have the discovery of the HUNTER BIDEN LAPTOP FROM HELL! Folks, the evidence of collusion, corruption, and influence peddling, when combined with the testimony of Hunter’s former business partners, indicates Joe Biden was involved in criminal activity, which now that he is President, possibly compromises our national security??
Now that Joe Biden is President, what has he accomplished so far for the benefit of the American people? Folks, absolutely nothing, as far as I’m concerned, and as a matter of fact he has through his actions, attempted to destroy our American way of life through false, divisive, racial comments – opening the Southern border where millions of un-vetted illegals are coming into the U.S. – drugs that have killed 100,000 Americans so far – terrorists sneaking into the country along with violent Central American gangs. He is hell-bent on destroying the oil industry creating unbelievable inflation and price increases. How about destroying female sports – allowing men who want to be women to now dominate in swimming, track and field. And look at Afghanistan. Biden created and ordered the most incompetent and disgraceful military disaster in our recent history with the absurd withdrawal of our troops.
Folks, as I see it, Biden is the worst, the most dangerous President in United States history. There truly is a monster living among us and the situation is frightening.
I pray for the voters to rise up in 2022 and 2024 and remove this grotesque abomination from our lives. That is how I see it. I believe I speak the truth, and if anything I have understated the danger to our prosperity, freedom, and national security. As always your feedback is welcome and appreciated. How do you feel?
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Love this news, folks! Citizens, which have spent millions going after Delaware’s courts with their super-hard-hitting ads – which I know so many of you appreciate, based on your past comments – are spending half-a-million bucks more on advertising. This puts a spotlight on how judges jump to senior jobs at corporate law firms right after the end of their term.
The ad campaign says Delaware’s judges should “no longer move in darkness” from judgeships to fancy corporate firms based on relationships with their cronyistic pals, according to the story below. This corrupt practice needs to end! Citizens plan to spend money until these crooked practices come to an end. They target former Chancery Court Chancellor Andre Bouchard, Vice Chancellor Stephen Lamb, and former Supreme Court Chief Justice Leo Strine Jr. These guys deserve to be hammered!
Let me know what you think, and keep your feedback coming. Write to Governor John Carney and your local Delaware state representatives. Let them know how much this matters! This corruption must stop!
Respectfully Yours,
JB – CN
Business group to keep pounding Del. courts with Thanksgiving ad
NOVEMBER 24, 2021
Citizens for a Pro-Business Delaware, which has spent millions hammering Delaware’s courts, is launching another $500,000 advertising campaign criticizing the way judges jump to senior jobs at corporate law firms.
A new TV ad, “Revolving Door,” specifically criticizes former Chancery Court Chancellor Andre Bouchard, Vice Chancellor Stephen Lamb and former Supreme Court Chief Justice Leo Strine Jr.
The first ad will air in Delaware and across the Northeast on Thanksgiving during the NFL game between the Buffalo Bills and New Orleans Saints.
Citizens for a Pro-Business Delaware also has a full-page ad in Sunday’s Delaware News Journal and will run radio and digital ads.’
Chris Coffey, campaign manager for the organization, said ads would send the message “Delaware’s judges can no longer move in darkness between powerful judicial posts and well-heeled corporate law firms to cash in on their relationships with former colleagues on the bench.”
Delaware should end the practice and “update its outdated and ineffective anti-corruption laws so that the mutually beneficial musical chairs between top courts and top law firms comes to an end.”
The organization won’t stop its campaign “to expose this corruption until Delawareans know what’s going on behind closed doors,” he said.
Citizens for a Pro-Business Delaware rose in the wake of the Transperfect case before the Delaware Chancery Court.
In that case, the Shawe family that owned the language translation company were angry over the court’s order that it must be sold, which it was to owner Phil Shawe.
Since then, members of the Shawe family and the off-shoot Citizens for a Pro-Business Delaware have worked against Gov. John Carney’s election and been critical of the Chancery Court.
The organization has spent hundreds of thousands of dollars lobbying for changes, including more diversity on the courts, and protesting the $3.9 million in fees that Custodian Robert Pincus’ and Skadden Arps — a vast American international law firm — charged during the court battle.Dear Friends,
Folks, I’ve been writing recently about the appearance of impropriety in the role of the Chancery Court Chancellor. Some of you wrote asking, does this really matter, Judson? Let me explain why it matters to you, me and America’s First State.
There are conflicts with Kathaleen McCormick and the TransPerfect case—perhaps not the spider’s web of conflicts that, thankfully for Delaware, in my view, swept former Chancellor, Andre Bouchard, out the door—but a significant conflict nonetheless. The jury is still out on McCormick—but I would have felt a lot better if she’d openly disclosed representing the 100% owner of TransPerfect’s arch-rival, H.I.G.
There should never be any inkling of doubt or suspicion that a Chancellor deciding a case could possibly be biased or have any possibility of a conflict of interest. There is an expectation for honesty. If or when an important ethical standard is believed to be compromised by a sitting Chancellor or Vice-Chancellor, it must be openly disclosed at a minimum, and sometimes warrants a recusal.
Without my investigative reporting, the Delaware public would NEVER have known Chancellor McCormick represented H.I.G. I issue a friendly challenge to anyone who finds that evidence printed in any article. Another cover up? Too early to know. An impropriety? Yes, beyond question, in my opinion! And the law says “the appearance of an impropriety is as bad as the impropriety itself”—except the law doesn’t seem to apply when Skadden Arps and other Delaware elites, in my educated opinion, continue to pillage TransPerfect’s corporate coffers with the Chancellor’s approval?
With the right law firms making enough money, $3.5 million in 2021 alone, Chancery continues to turn a blind-eye to justice.
Are these unethical standards what we want our Delaware Court of Chancery to use to define our state’s image? To define right and wrong for our children? The people of Delaware deserve better than seeing the TransPerfect owners and workers getting violated and robbed—that’s is the rub from my perspective. What do you think folks?
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
www.CoastalNetwork.comMcCormick’s Faced With Decision Of How Much She May Skirt The Law To Protect Chancery Elites
Dear Friends,
The TransPerfect hearing on Monday was a Snooze Fest that featured a ridiculous argument by Supreme Chief Justice C.J. Seitz’s former firm, Ross Aronstam. As a reminder, it was Seitz who saw fit to join Leo Strine and affirm the boondoggle TransPerfect auction discussion, even after he disqualified himself for conflicts of interest – TWICE – because he formerly worked for TransPerfect Chief Executive Philip Shawe.
Sadly, the unjust history of TransPerfect looks primed to continue repeating itself.
Also sadly, I will never get that two hours of my life back. The arguments that the Ross Firm advanced were so infantile that they could only be presented in a Kangaroo Court. In sum, even though TransPerfect was the “client,” the Ross firm said it could take orders that harmed TransPerfect if that’s what Custodian Robert Pincus told them to do. If this logic was correct, Pincus could have wired himself $25 million and the company’s lawyers would have said, “That’s OK, as long as you say it is, because you’re the court.” Crazy!
At stake?? The perverse rulings continue! Like those in which the Chancery gifted Skadden $3.4 million in fees, just in 2021 alone! Of course, this amount is impossible to justify, and folks, I see it as court-assisted highway-robbery!
Of course, these are bullshit arguments that what the firm did was legal because Pincus told them to do it.
“Go shoot Abe Lincoln!”
“Why’d you do it?! Because Pincus told you to do it?!” That’s the Ross position.
Attorneys have a duty to their client – it is the oldest rule in the book. Let’s see if McCormick upholds it or contorts it.
I did my best to explain the issues. Let me know how I did. All Feedback is appreciated. my friends!
Respectfully yours,
JUDSON Bennett-Coastal Network
Scroll Down:
The Law.com story:
In TransPerfect Global’s malpractice case against Ross Aronstam & Moritz, both parties have filed motions to dismiss, but each argued against the other’s during a virtual hearing Monday afternoon.
December 06, 2021 at 04:56 PM
Ellen Bardash
It’s rare that both sides of a case want dismissal without any kind of settlement, and even more so when that commonality results in a hearing over 90 minutes.
But that’s what has transpired in TransPerfect Global’s malpractice case against Ross Aronstam & Moritz. Both parties have filed motions to dismiss, but each argued against the other’s during a virtual hearing Monday afternoon.
TransPerfect in January filed its malpractice complaint “against its will and in violation of its right to select the proper forum in which to have its claims heard.” The New York-based company stayed its case making the same malpractice allegations and filed earlier in New York when Ross Aronstam moved for TransPerfect to be held in contempt for violating a court order.
TransPerfect attorneys say the case should be dismissed because the Court of Chancery doesn’t have subject matter jurisdiction over malpractice claims seeking monetary damages, and dismissal would indicate TransPerfect can pursue its malpractice claims in New York. But Ross Aronstam’s motion to dismiss asks Chancellor Kathaleen McCormick to weigh in on whether TransPerfect has actually made a valid malpractice claim.
It all connects to the long-pending custodianship case, also in the Court of Chancery and before McCormick, through which TransPerfect was sold in 2015. Ross Aronstam was hired by TransPerfect custodian Robert Pincus, formerly an attorney with Skadden, Arps, Slate, Meagher & Flom. David E. Ross argued Monday Ross Aronstam was bound by court order to report to the custodian, claiming there’s “obvious absurdity” in the points TransPerfect has made.
“Nowhere in the briefing do you see any case from any jurisdiction citing a case where complying with a court order is malpractice,” Ross said while arguing for his motion to dismiss. ”Their quarrel is not with us. Their quarrel is with the regime that is set up by the court order.”
But Douglas Capuder of Capuder Fazio Giacoia argued for TransPerfect that the defense position that Ross Aronstam was bound by court orders is exactly the type of limitation covered by conflict of interest rules, and the firm should have gotten consent to proceed in light of that conflict.
When McCormick asked whether the engagement letters from the time Ross Aronstam was being added into the custodianship case qualified as consent, and Capuder said the cases in question aren’t the type that would be waived with those.
Offit Kurman attorney Frank Noyes, also arguing for TransPerfect, said there’s nothing that would prevent the TransPerfect sale from going forward if the malpractice claims against Ross Aronstam are also being pursued.
“Ross Aronstam is seeking, in our view, to shoehorn its way into the jurisdiction of the Chancery Court,” Noyes said. “These are two separate cases. The cleanup doctrine is being overused to try to bridge that gap … RAM is asking this court to obtain jurisdiction over a purely legal matter.”
In August 2020, TransPerfect filed its case against Ross Aronstam in Manhattan Supreme Court, claiming malpractice and breaches of fiduciary duty based on representation of TransPerfect throughout the sale process in the custodianship case. The firm, TransPerfect argued in that case, was conflicted in representing both the company and, in 2017, Shirley Shawe, TransPerfect CEO Phil Shawe’s mother and a 1% owner of TransPerfect.
By the end of 2020, Ross Aronstam had taken the issue of contempt back before the Delaware court, filing a contempt motion in the custodianship case claiming it was a violation of the release conditions in Bouchard’s earlier order for TransPerfect to file additional cases relating to the custodianship.
Then-Chancellor Andre Bouchard denied the contempt motion in mid-April in a decision stating he was giving TransPerfect the benefit of the doubt for staying its New York case while the motion was under consideration and filing the malpractice suit in Delaware—signals the company was attempting to mitigate noncompliance. Dear Friends,
The Infrastructure Bill that was recently passed and signed into law by Joe Biden is one thing, and although filled with pork that has nothing to do with infrastructure, does at least address fixing up roads, bridges, airports, and so on.
However, the “Build Back Better Bill” that Biden is touting – and is now in the Senate – is a law that will completely break America, creating incessant inflation, beyond any speculation. The amount of money dedicated to the Green New Deal is staggering, basically destroying the U.S. oil production industry, with money for energy programs that only work when the wind blows or the sun shines, driving the cost of fuel and heating oil off the charts.
Folks, Biden has created situations that are dangerous for the future prosperity of all Americans. Shutting down pipelines, opening the Southern Border to millions of illegals, un-vetted, and unregulated. The new bill gives these people citizenship and also pays them. While veterans live on the street, illegal aliens are put up in hotels. The new bill creates an authoritarian situation where 87,000 IRS agents will be hired to investigate, to monitor, and to harass every American who deposits more than $10,000, which is many Americans. Basically, the bill weaponizes a government agency to control every aspect of your life. If this happens, your freedom and privacy will be gone.
Folks, Biden has become a complete Socialist and this horrible bill will seal our fate, putting America under a system that will absolutely destroy our country. If you do not want to be completely controlled and monitored by the government, tell your Senators to vote no on this premeditated, calculated, legislation that is designed to take away your freedom.
As always, your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
How about this, folks?! Robert Pincus, who I’ve written about in recent years for his shameless and grotesque billing practices in the TransPerfect case, is being featured on a billboard where he teaches at a Washington, D.C. university. Bouchard’s corruption and Pincus’s greed are the gifts that keep on giving for Delaware.
“Greedy Professor Pincus” says it all, a pattern of Chancery-inspired overbilling allegations by National Hockey League (NHL); Citgo and People of Venezuela; and of course, TransPerfect, which I have been writing about for years.
One must ask themselves, if the auction and sale of TransPerfect ended 3 years ago, why are Bouchard and McCormick permitting Pincus to bill OVER $3.5 MILLION in 2021 alone?!?!? Any other state’s Attorney General or General Assembly would investigate – but what does Delaware do? Those in power circle their wagons and protect the Good Old Boys Club and the Delaware Way, and they seemingly continue to enrich themselves at the expense of everyday working families.
Please see the article below from The Eagle in Washington, D.C., with the picture of the billboard.
Send me your feedback on this outrage. As always, your comments are welcome.
Respectfully Yours,
Judson Bennett–Coastal Network
Signs have been put up around the Washington College of Law campus protesting WCL adjunct professor Robert Pincus for alleged unlawful overbilling practices.
For the past month, a business advocacy group has had a truck with a billboard attached to it, calling him “Greedy Professor Pincus,” parked in various locations near the WCL campus.
Citizens for a Pro-Business Delaware, a group that advocates for judicial transparency, is alleging that Pincus used his court-appointed power to overbill companies that were temporarily placed under his control. Currently, there are two companies involved with complaints against Pincus.
The group has focused on the WCL because Pincus currently teaches at the school, and plans to put boards up near George Washington University once they receive confirmation that Pincus still actively lectures at the school, where he works as a professional lecturer. In addition to the signs and billboards, the group is mailing and handing out literature to his neighbors, and volunteers are stopping students and faculty members to explain what Pincus is accused of, according to Chris Coffey, the organization’s campaign manager.
“Instead of his class on ‘deals’ at the American University Washington College of Law, professor Pincus should teach a class on the backroom deals that allow elite corporate lawyers and judges in Delaware to enrich themselves at the expense of hard-working employees across the state and the country – clearly, he’s an expert,” Coffey said in a statement to Business Wire.
In 2016, ongoing personal conflicts between two co-CEOs of TransPerfect, a language translation service company, exploded into a struggle for ownership. Lawsuits were filed and a year later, the Delaware Court of Chancery, which primarily handles corporate-related legal actions, appointed Skadden Arps law firm and corporate attorney Robert Pincus to serve as the custodian of TransPerfect.
According to Delaware corporation law, a custodian has power over the company’s corporate assets, estate, effects, business, and affairs. A custodian can also collect outstanding debts, claims, and property belonging to the corporation, as well as prosecute and defend in the name of the company.
As the custodian, Pincus was ordered to oversee a sale that would keep the company intact and increase its value for the company’s shareholders.
While custodian of TransPerfect, Pincus allegedly raised healthcare costs for employees exponentially, especially for workers of color while cutting benefits and bonuses for workers, according to Coffey. Coffey also alleged that Pincus had added many consultants from his law firm, using money from the company to fund his firm.
“This is money from the company that should not be used in a personal way whatsoever,” Coffey said in an interview with The Eagle.
Skadden Arps, where Pincus worked until retirement, has previously been accused by the National Hockey League for alleged overbilling practices while working a concussion lawsuit that was settled in 2018.
Coffey said Pincus has continued to bill TransPerfect $3.5 million annually but did not specify if he continued to bill them after being removed.
“Even this year, Skadden and former Custodian Pincus have billed $3.6 million, we have no idea what those bills are for,” Coffey said. “They’re sealed.”
Among students at the WCL, the responses to the allegations have been mixed.
Begüm Tiritoglu, a second-year law student studying human rights law at the WCL, was shocked by the accusations made against Pincus.
“I’m hoping this won’t get swept under the rug,” Tiritoglu said. “I want to see forums for open discussions on this to happen; especially if it’s concerning a professor at my college.”
Other students, such as Kelly McGrath, said the information available now is not enough to form an opinion on the issue.
“I just don’t know anything about [the issue], being honest, these are all still accusations so I can’t really say how I feel about the topic,” McGrath said.
When reached for comment, Pincus declined, citing that “as an arm of the Court, I have not commented publicly on any aspects of the proceedings.”
The Washington College of Law also declined to comment on Pincus and the advertising boards.
“We feel like this is someone who has continued to bill over $3.5 million to this company without listening to people’s concerns,” Coffey stated. “The only way he’s going to listen to our concerns is if we bring the concerns to him, and that’s what our plan is.”
The boards were up for three weeks, starting on Oct. 11, and Coffey said the group is reinstating boards near the WCL this week and the weeks following Thanksgiving.OPINION
Dear Friends,
Over my years of coverage, I’ve talked with many TransPerfect employees who think the Chancery’s decision was racist. They point to Custodian and Trustee Robert Pincus holding the pay of the only 2 Corporate-Level Executives who were minorities, and those minority executives having had to sue (successfully) for their pay that Pincus held back.
So I’m no Sharpton fan, but our Delaware leadership letting their Good Old Boys Club of Skadden Arps violate and pillage millions from these workers for years is coming home to roost. We have some very specific bad actors on the Delaware Bench and Bar, and they cloaked in Judicial Robes or Immunity—and they abuse their power and privilege.
Let me know how you think allegations of racism impact the Delaware Courts and their Skadden feeder system, which brought in Leo Strine, Andre Bouchard, Robert Pincus, and Jennifer Voss.
Keep your feedback coming, it’s always appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
By TIM BALKNEW YORK DAILY NEWS |
NOV 24, 2021 AT 4:14 PM
The Rev. Al Sharpton laced into an overwhelmingly white Manhattan-based law firm on Wednesday, accusing it of paying lip service to diversity with its fellowship program.
The Brooklyn-born civil rights activist accused the prestigious firm Skadden, Arps, Slate, Meagher & Flom of “bigotry and bias.”
Sharpton’s criticism marked the latest broadside in a long-running campaign he has waged against the firm. In a statement in 2020, he said Skadden had “appallingly low levels of diversity.”
Skadden, which includes an image of the Martin Luther King Jr. memorial in a slideshow on its website, boasts on the page of making “far-reaching” efforts toward diversity and inclusion.
But Sharpton described his dismay at the persistent lack of Black lawyers in leadership at Skadden. The firm’s New York office has 106 white partners, six Latino or Latina partners, four Asian partners, and one Black partner, according to data compiled in the NALP Directory of Legal Employers.
In a letter earlier this month, Sharpton urged a trio of nonprofits — the American Civil Liberties Union, the NAACP Legal Defense and Educational Fund, and the Brennan Center for Justice at NYU — to reevaluate their relationships with the Skadden Fellowship Foundation, a three-decade-old program.
“If the data is what the data is, they need to correct it,” Sharpton told the Daily News. “Or people need to step away.”
None of the three nonprofits immediately responded to requests for comment for this story.
Kathleen Rubenstein, executive director of the fellowship program, and Eric Friedman, the firm’s executive partner, replied to Sharpton in a letter dated Nov. 9, saying that they were “surprised and disheartened to receive” his letter, adding that it “appears intended to undercut the Foundation’s mission.”
“The Skadden Fellowship community has been — and continues to be — diverse in every sense of the word,” the letter said.
The pair acknowledged in their letter that Skadden has “considerable work” to do to improve its diversity, but added that the firm “has made substantial progress.”
On Wednesday, Sharpton sounded unswayed.
“We don’t need charity,” he said. “We need parity.”OPINION
Dear Friends,
It appears to me from my research that the Chancery’s “Delaware Way” has turned a blind eye to seemingly flawed and conflict-ridden court procedures!
Hold on to your hats, folks: The evidence indicates that current Chancellor Kathaleen McCormick served as an attorney for TransPerfect’s arch-rival – in this case, it was HIG!
I know some of you elected officials, who read my columns, will doubt my research and want proof… Great!
Here is it:
https://casetext.com/case/in-re-allion-healthcare-inchttps://courts.delaware.gov/opinions/download.aspx?ID=152630
Why has McCormick apparently hidden this key fact? “HIG: tried to intervene with McCormick’s old firm, Young and Conaway… Why no disclosure? It’s insane.
Why hasn’t she recused herself?! Of course, in my opinion, she has an ax to grind with TransPerfect, who beat out her client, “HIG” in the auction, over Young, Conaway’s objections!
This raises big questions that need to be answered. The perceived corruption, in my view, in our Chancery Court, is possibly robbing people blind. Please do your job, General Assembly, and clean this up! Once word gets out that the new Chancellor is covering up her previous position, after Bouchard, it will be too much for our corporation-based economy to take.
Please share your feedback. I’m outraged at the fact that McCormick has such an obvious conflict, the fact that she’s apparently covering it up, and the fact that I’m apparently the only one who will tell the public what I personally believe is the truth about it from my research. Check out the links above, see if you see what I see… and tell me what you think. Was she HIG’s attorney or not?
I’m mad as hell that this is shaping up to appear to be more of the same court shenanigans. In this important Delaware equity court, there should never be any perceived impropriety. There should never be any concerns or doubt in the ethical behavior of the Chancellor?
Again, please open the links above and tell me what you think. As always your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I need to write briefly about the incredible situation that occurred in Kenosha, Wisconsin, the nationally covered Rittenhouse trial, and what Florida’s great Governor Ron DeSantis is doing about any future attempts by rioters. Folks, the Kyle Rittenhouse “NOT GUILTY” verdict was correct and if there was ever evidence of self-defense, this was it. He was chased down by violent felons, assaulted, struck with a skateboard, kicked in the head, and had a loaded pistol pointed at his head. This was the truth and it was captured on video! The absurd statements by the media and the left that this was a miscarriage of justice is absurd and an absolute lie.
Why were there riots in the first place in Kenosha? Here is what actually happened. The Kenosha police responded to a domestic situation where a black man (a previous felon) resisted arrest and came at them with a knife. They shot him in self-defense, he was not killed, but was left crippled, now in a wheel chair. The press, MSNBC, CNN, practically all the liberal media, clearly and publically stated that the Kenosha police shot an unarmed man. THIS WAS A MALICIOUS AND ORCHESTRATED LIE BY THE PRESS! The lie stimulated the riots by BLM and Antifa who thrive on any excuse to loot, burn, and intimidate. Many businesses were burned out, horrible looting, and many people injured. The weak mayor allowed it to continue, instead of calling in the national guard. The Rittenhouse kid wanted to help the community and went there to guard a friend’s auto dealership. He brought a legal weapon with him for his own protection. We know the rest of the story and how it developed. The point here is it all happened in the first place because the press intentionally lied and clearly misrepresented the situation! They then continued to lie about Kyle Rittenhouse, calling him a vigilante, a white supremacist, and a murderer who went there to kill people. Totally untrue.
On another note, Florida’s great Governor, Ron DeSantis has arranged for a new and powerful law which says, if you riot, you will be arrested, stay in jail until you see a judge, and will be prosecuted to the full extent of the law! Florida, unlike NY, Philadelphia, Chicago, and many other ridiculously run areas (where criminals are out the next day, to repeat their crimes, still has cash bail.) DeSantis, unlike so many liberal mayors and Governors has a very dim view of looters, rioters, and violent felons who wish to disrupt our lives, intimidate us, or destroy our businesses. Try it in Florida and see what happens! God bless this man, a real leader who should and could be President of the United States.
Folks, the problem is those in the press who support lies and misinformation, who are intent on promoting anarchy, lawlessness, and instability, to change America into a Socialist, Orwellian society, a place where the best you can have is mediocrity, which this Patriot and Citizen will never tolerate.
How do feel folks? As always your comments are welcome and appreciated. God bless America!
Sincerely yours,
Judson Bennett-Coastal Network
— Biden’s Banana Republic?
Dear Friends,
In Hitler’s Germany, Mussolini’s Italy, Castro’s Cuba, Communist China, the former Soviet Union, and in innumerable South American countries (Banana Republics), the use of secret police have been used and are used now to spy on, arrest, and prosecute political opponents. Folks lived and now live in terror, afraid to speak out against the government, terrified of being arrested and locked away by the government’s authorities! Folks, this is not supposed to happen in the United States! Our Constitution (the 1st Amendment) guarantees our freedom of speech and (the 5th Amendment) our right to fair trials. Our various law enforcement agencies, especially the FBI, operating under the Justice Department, and the IRS are supposed to be totally unbiased in all their investigations and prosecutions.
When a government administration uses its law enforcement agencies for political purposes to intimidate, to harass, and frighten people into not opposing its questionable policies, prosecuting political opponents, while not prosecuting those of the same party, folks that is authoritarian, dictatorial despotism and it is not allowed in the United States! However, clear evidence indicates that the former Obama administration used the FBI under the direction of the United States Attorney General, Merrick Garland, and the vast, unlimited power of the Justice Department to do just that. Under direct orders from Biden’s White House, from a whistleblower FBI agent, providing damning emails, and through its insipid Attorney General who distributed a written DIRECTIVE to do just that in regard to parents complaining vehemently at school board meetings about the teaching of Critical Race Theory, a grotesque, Marxist philosophy that teaches racial hate and revisionist history, in our schools! From what I understand, the Biden administration supports and promotes this operation. Therefore, the FBI appears that it is now being weaponized for that purpose?!
False Government prosecutions, like General Mike Flynn, which was promoted and suggested by Biden right before Trump won his election, was horrendous in the fact that it actually happened by and through a corrupt FBI! Now look at Bannon, a former Trump aide, being prosecuted for Contempt of Congress. What about Lois Lerner (corrupt IRS Director), so many others were never prosecuted for the same thing. Now Biden may wan to weaponize the IRS to spy on and investigate anybody who moves $10,000 or more through their checking accounts in a year?? Folks, that is most Americans! To this investigative reporter, the idea of the once respected FBI and now the IRS becoming the secret police is terrifying. Once it starts, it becomes like cancer, it spreads, it grows with incessant corruption and pervades our lives — compromising our freedom! Well folks, it is happening already.
Like many despots and dictators in history who are becoming desperate to keep power, it appears that he is now attempting to weaponize the authorities for his own political purposes. It is happening and it must be stopped. Biden has the secret police investigate you for disagreeing with his horrible and dangerous policies?
Folks, I am deeply concerned. We must vote these people out of office in 2022 and 2024 before it is too late. George Orwell in his classic novel 1984 and Aldous Huxley in his novel Brave New World, wrote about how the government-controlled every aspect of your life and the secret police would come and take you away to be reconditioned. It should be mandatory reading in high school, but it is not. True socialism can only be enforced by desperate measures like using the SECRET POLICE! I believe it is already happening.
As always your thoughts and comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkGaming and gambling have become big business online. During the pandemic, the industry exploded with people sitting home and finding these games to pass time and relieve stress. Now, with the bulk of activity, there are a few companies that stand out as having profited the most. In one case, we may now know why. Evolution AB (EVOG.ST) has been in the news for the past few days, but not for anything fun. The Swedish based gaming company lost about $3 billion in market value on Wednesday, after an accusation developed that it was operating in countries such as Iran, in violation of U.S. sanctions. The report said so much more than that, but you can read it for yourself below.
The report was based on months of deep investigating, where researchers found individuals who run the alleged illegal activities, and they went online and played the games in those countries as well.
Evolution’s Online Casino Presence in Illegal Markets
Evolution tried to deflect by claiming, “As a B2B-supplier, Evolution has customer relationships with gaming operators, who in turn own the relationships with the end users. Evolution does not own or control any of the operators or aggregators it works with. We have no direct relationship with the underlying player and no involvement in handling of players’ money,”
They claim, “We sell licensed and certified games to licensed operators and aggregators. It is the operator that decides which markets to market themselves, that handles the KYC process and finally decides what players to accept.”
So, they are using the defense that it’s not them, it’s someone who use them. Let’s see of the government regulators here and in Sweden buy the argument that they are not to be held accountable for the actions of its own contract workers. The report suggests full accountability. You should take a look and see for yourself.
OPINION
Dear Friends,
Interestingly, even though I am a dedicated Republican, an avid conservative and political pundit, I am an environmentalist who actually ran for County Council in Sussex County Delaware on a Managed Growth Platform, losing by 3 votes with 20,000 people voting, to an 8-year incumbent, who by the way, these days I respect and like. Since that time, considering the insipid, ill-conceived, poorly planned “Green New Deal”, and efforts by President Biden to literally destroy the oil industry while potentially destroying the economy of the United States, I have become much more appreciative of property rights, and very critical of certain plans by Joe Biden, who has no ability to plan properly or execute diligently any operation affecting Americans!
Folks, while Biden is closing critical pipelines, driving the cost of fuel and energy up to an unaffordable situation for many Americans, Russia is drilling, polluting, and exporting oil to Germany through a pipeline that Biden promoted. While, Biden has shut down all oil production in the U.S., taking us from being energy independent, and the number one exporter of oil, to now being dependent on foreign oil, Biden actually asked OPEC to produce more oil. What an idiot!
Giving the slightest benefit of the doubt, to the worldwide pollution and global warming problem, unless the participation is 100%, it is an absurdity. Does it make sense to cripple the economy of the United States, creating huge expenditures and hardships on our citizens, while China and Russia continue to pollute at will. By the way, the United States, already, way before Biden, had reduced significantly our concerning, negative emissions, making us better than most places in the world for a clean atmosphere. Slovenia is exceptionally clean on the sunny side of the Alps! Regardless, we will go broke, unable to afford energy, while China and Russia prosper! Makes sense?
Folks, wind mills don’t work when the wind doesn’t blow or when they freeze up and can’t spin. Solar energy doesn’t work when the sun does not shine. These sources of energy should only be used as assets, additions, and enhancements, not the sole source of energy needed for survival. There are ways to produce coal, oil, propane, and natural gas, cleanly and safely. Changing a society’s energy policies should be a gradual and slow process, utilizing innovative practices as technical advances improve. Stupid Biden, just shuts everything down immediately, creating chaos, supply problems and skyrocketing inflation. What good is an absurd plan like the Green New Deal when we can’t afford to buy food or the necessary items we need for survival?
On a humorous note, talk about pollution, have you all seen and heard on Fox News, Joe Biden’s unprecedented excretion of Flatus in front of Prince Charles and Camila while he met with them in London? Biden farted loudly and incessantly, polluting the British atmosphere! Camila is still talking about it.
Folks, Biden is the most incompetent, disgraceful, and dangerous President in U.S. history who has promoted one ill-conceived and poorly planned situation after another! God help us if we can’t change things before it is too late. That is the way I see it!
As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
I appreciate your feedback and I struck a nerve with my recent piece on, “TransPerfect Wins Legal Victory Over Skadden Arps in Delaware’s Chancery Court, Securing Two Wins in Past Two Months” Two victories against law firm Skadden Arps is a big deal because, as I see it folks, the Chancery Court has historically taken the side of the wealthy and connected Skadden lawyers. Yet the case remains extended while the court continues to force the company to pay for Skadden’s time, at $2,000 an hour from what I understand, to bring losing actions against it and then lose again. I am outraged by this injustice, and I see that you are too.
I appreciate your feedback, which I’ve featured below:
From Mary A.: “It all seems so crazy. No doubt certain connected lawyers get special preference. The Bar association, the Judges, and the legislature all profit, some directly and others indirectly. Disgraceful. Delaware is the most corrupt state in the nation. Biden right there with the corruption, which we all know about. Great reporting, sir.”
From Joe M.: “Amazing corruption that has been going on for years! Good job.”
From Carol I.: “Nothing will change in Delaware. The crowd, “The Good Ole Boys Club” as you like to call them, are too entrenched. Does not matter which party is in control, It is subtle corruption. You have nailed it. Thanks for what you do.”
From Peter P.: “Judson, Things sound more corrupt in Delaware than they do in Florida. Very interesting.”
From Laurie C.: “Great Reporting Jud.”
From John W.: “Wow, “The Delaware Way” seems alive and well ! I enjoy your passionate representations.”
From Georgia P.: “I always enjoy hearing your Delaware Perspective. You are an excellent writer. Keep up the great work!”
From Rick H.: “Judson, Interesting stuff. These boys in Delaware better watch out. They could get disbarred. Keep digging.”
Keep your feedback coming, folks! I appreciate it and it keeps us informed at my Coastal Network!
Sincerely Yours, Judson Bennett–Coastal Network
OPINION
Dear Friends,
Throughout history, despotism and restrictions on people when combined with concerns about their children have created movements that are extremely effective. Critical Race Theory which is Marxist and hate-based that teaches false, revisionist history and racial divisiveness between white and black children has been defeated and soon to be completely eliminated in the great state of Virginia!
Hoorah and best wishes to the spectacular, winning candidate, Republican Glenn Youngkin who has defeated Democrat Governor Terry McAuliffe in a close election which is a clear indication of things to come. When you combine this with the situation in NJ, where the Democrat, Governor Murphy barely won by less than 1% of the entire vote, this is the beginning of the end of Biden’s insipid and failing agenda of economic disaster, higher taxes, and elimination of freedoms!
Folks, the people are sick and tired of rising crime, created by liberal, woke, anti-police idiots, having eliminated cash bail, that are hell-bent on making America a true Socialist country. We the people are going to take back our country in 2022 and you are going to see the defeat of over 40 democrats in the US House of Representatives and over 10 Democrat Senators in the US Senate. Biden, who has committed innumerable high-crimes and misdemeanors, will be impeached, as his incompetence and dishonesty has reached levels that are beyond frightening.
Yes indeed folks, Let us look to Virginia and Governor-Elect Glenn Youngkin, a fantastic election and necessary change that sheds a brilliant ray of hope for the future of our entire nation. As always, your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
As usual, it’s hard to understand just what’s going on in Delaware’s opaque, corrupt judiciary, and to me, it clearly seems, the elite Good Ole Boys Club doesn’t want normal lay people to understand it.
Fear not, folks, the Coastal Network is here to explain it.
First the good part: As I see it, this new Chancery Court judge seems to not be the out-and-out liar that I believe Chancellor Bouchard was. Chancellor Kathaleen McCormick told attorney Alan Dershowitz she would grant TransPerfect a win in its oral argument and indeed she did, scratching Skadden’s losing motion from the record. That’s a very big deal because the Chancery Court has historically taken the side of wealthy and connected Skadden lawyers.
Now the bad part: McCormick did not fix the basic problem that keeps extending this case, and in my opinion, this non action, robs from TransPerfect workers, only to feather the nest of Jennifer Voss and other Skadden partners?
To make it simple: Law firms hired by former Custodian Bob Pincus (like Skadden) have, to my knowledge, so far brought 3 losing contempt motions which are against all legal rules, common sense, and our U.S. Constitution! The Chancery has continued to force TransPerfect to pay for Skadden’s time at $2,000 an hour, to bring losing actions against TransPerfect and then lose again.
This is so crazy and just perpetuates, in my view, the greedy, unabashed, gaming of the system by Skadden Arps! Outside of Delaware, there are two rules of “who pays” in the world of law: Under British Rule ( the loser) and under the American Rule (each side pays their own).
Only in a corrupt Delaware Chancery Court, when Skadden loses, does the winner (TransPerfect) have to pay the loser’s fees. As a result, the endless “billing carousel” continues which is outrageous and in my opinion should be unacceptable.
The article below states that this year – 2021 – years after the sale of the company, Skadden billed $3.4 million, much of it for taking losing positions against TransPerfect.
I believe this method of operation is insidious, illegal, immoral, unconstitutional and a filthy bastardization of the rule of law and should be prohibited. I hope I have explained the situation accordingly as I see it after years of research on this amazing legal debacle in the country’s second smallest state and the country’s first state.
What is your view? As always, Your feedback is welcome and appreciated folks!
Respectfully Yours,
Judson Bennett–Coastal Network
https://cryptopress.network/transperfect-wins-legal-victory-over-skadden-arps-as-chancellor-strikes-from-the-record-a-third-failed-contempt-bid/
TransPerfect Wins Legal Victory Over Skadden Arps As Chancellor “Strikes From The Record” A Third Failed Contempt Bid
NEW YORK CITY and WILMINGTON, Del., Nov. 3, 2021 /PRNewswire/ — TransPerfect, the world’s biggest supplier of language and innovation services for international organization, extended its string of legal triumphes in Chancery Court the other day when Chancellor Kathaleen McCormick struck another failed contempt movement submitted by Skadden Arps and previous Custodian and fiduciary Robert Pincus from the docket.
After years of TransPerfect asking for an end to the custodianship, the Chancery Court just recently released Pincus as Custodian after being confronted with trustworthy proof of over-billing in his function as a court-appointed fiduciary. As a Custodian acting for the State of Delaware, Pincus continued to costs countless dollars per quarter for over 3 years past the closing date of TransPerfect’s ownership combination. Pincus has actually come under extreme analysis for performing a doubtful public auction with approximated expenses of over $50 million, as he appears to have actually incentivized an individual to stay in the auction procedure by privately accepting compensate that “bidder” by approximately $4 million under specific situations. Other proof recommends that Pincus might have made use of the existence of this bidder to produce the impression of competitors, left out or concealed crucial realities concerning the worth of other quotes, and incorrectly pumped up the auction rate—regardless of his function as state star and court-appointed officer.
Before the auction, Pincus and Skadden were implicated of billing misbehavior individually by a minimum of 3 various C-level officers of TransPerfect. After the auction, Pincus is even more declared to have actually produced the “perverse incentive” to make billing chances spent for by TransPerfect—including today’s losing choice. This pattern follows the protestations of other entities required to make use of Pincus’s services in an unassociated matter for Citgo—where problems about the propriety of his billing have actually been the topic of lawsuits.
TransPerfect competes that the Chancery Court has actually countenanced an illogical scenario where Pincus and Jennifer Voss have actually been provided a blank checkbook to pay themselves for the manufacture of disagreements despite benefit. This reward has actually driven the Custodian and Skadden to take conflicting, losing, meritless, and unimportant positions—and in doing so, incorrectly pump up billable hours charged at rates of roughly $2,000 per hour. By method of example, TransPerfect has actually not gotten any services or other worth from Pincus or Skadden this whole year, however nevertheless has actually been billed over $3.4 million in 2021 alone.
“Three years after their assignment ended, Robert Pincus and Jennifer Voss are still billing TransPerfect—including for losing motions—catapulting the total expenses for the custodianship well over the $50 million mark. Skadden and Pincus’s unwanted ‘help’ is taking vast sums of money from the pockets of TransPerfect’s 7,500 working families, including funds that would otherwise be available for use toward benefits, wages, and other income. I view this as corruption and constitutional violations which TransPerfect can no longer abide,” specified Phil Shawe, President, CEO, and Founder, who was required by the Chancery Court to pay a $9 million commission to redeem the business he established, consisting of a portion charge on the shares he currently owned.
Martin Russo, a lawyer for the business, included that, “The victory on the contempt motion is bittersweet because it only precipitates another legal battle, as Pincus now seeks to charge TransPerfect for work performed on yet another losing motion. It’s a vicious circle because, win or lose, Pincus and Skadden will seek to charge TransPerfect for that activity. With no end in sight, it is clear that Delaware’s Chancery Court system remains archaic and broken, and equity is an elusive concept for those who are not among the elite and powerful Wilmington law firms.”OPINION
Dear Friends,
One of the most important aspects of being an American citizen is the inalienable rights to be able to have “freedom”. The ability and allowance to speak your mind, to run your business without harassment, to protect your children, and to feel safe in your homes and on our streets. During this pandemic, I have watched innumerable Governors and Mayors use their powers to intimidate, to punish, and to exercise tyranny against their own people while protecting criminals. The elimination of cash bail in many of our major cities has created a revolving door of criminal activity and made life for many citizens an absolute hell. I have friends who have lost their businesses in Delaware, Pennsylvania, New Jersey, and California, because of absurd lockdown rules that don’t work implemented by despotic, power-hungry, authoritarian elected officials who are no better than Nazis. The operations in cities like NY, Philadelphia, LA, San Francisco, and Chicago are grotesque in their entirety because of poor leadership and ridiculous policies.
The firing of medical and hospital workers, police and firefighters because of mandated government policies demanding these critical workers be vaccinated is an absurdity. The loss of life, the damage done by criminals, the looting, and the violation of our basic human rights is rampant throughout America and now it is going to get much worse. Stupidity reigns throughout the United States as the Biden administration is failing on all levels. However, there are a few enclaves and safe states where freedom is prevalent and still a priority, because of the spectacular logic, intelligence, and guts of certain Governors.
One such Governor is Ron DeSantis. Unlike many states influenced and controlled by the insipid Biden administration that has a true Socialist/Marxist agenda to eliminate innovation, creativity, and basic economic freedom, Florida under the direction and leadership of Governor Ron DeSantis is truly a FREE STATE with no state income tax, no business restrictions, and true freedom. FEMALE SPORTS are not compromised by Gender transition with biological males winning contests as they are in other states. Masks are not required, nor are any mandates for anything. The teaching of Critical Race Theory where children are taught revisionist history and racial hate throughout many American schools is absolutely prohibited in Florida educational facilities. We have a stand your ground law here in Florida where people have the right to defend themselves against the criminal perpetrator. Florida does have CASH BAIL and DeSantis does not tolerate crime. Interestingly, as other states are firing police officers, Governor Ron DeSantis is inviting them here to Florida, with a Bonus to help our free state remain free and be a safe place to live.
The controversy over not forcing children to wear masks in Florida schools was a battle DeSantis fought based on the actual science and DeSantis’ caring, logical method of operation to protect Florida children from dirty masks and huge mental problems, yet greedy teachers and some political, controlling school boards prevailed in court despite medical science to the contrary. I believe DeSantis is right and he is the best Governor in the United States and truly cares about his state residents.
People are flocking to the free state of Florida (created by spectacular Governor Ron DeSantis) to pursue the American dream of Life, Liberty, and the Pursuit of Happiness, all commodities that are rapidly disappearing throughout this country. I support Ron DeSantis and would be pleased and happy to see him as President of the United States if he chooses to run. So be it.
As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
A CASE AGAINST BIDEN !
Dear friends,
Regardless of your political affiliation, your religion, your race, or whether you are a liberal, a conservative, or even a Libertarian, there are certain facts about President Joe Biden’s performance and his history that are frightening. Even if you hated Donald Trump and are still obsessed about him, Biden’s actions are here and now. Biden owns everything he has done and reality is reality. In addition to obvious signs of senility and dementia, I believe without any doubt Joe Biden is guilty of high crimes and misdemeanors and possibly even treason. Folks cameras do not lie, but Joe Biden does every time he opens his mouth. Did anyone see the CNN Town Meeting interview? Biden clenched his fists like he was riding a motor cycle. He was confused and indeed untruthful.
When Biden shut down the Keystone pipeline, he helped destroy thousands of good paying jobs. He also has taken us from being energy independent and the world’s number one exporter of oil to being again dependent on foreign oil. Biden shut down our crucial pipelines, but allows Russia to build a pipeline to Germany and to profit while our gas prices will now go through the ceiling. Millions of Americans have been provided ridiculous government checks, absurd government loans and extended unemployment benefits, and have decided not to go back to work, as long as the government keeps sending the money. Folks this is Socialism and eventually we will find ourselves in abject poverty without freedom and no hope.
I will remark specifically about two issues that should make it logically clear that Biden is breaking the law and his cognitive abilities to make rational decisions are seriously compromised. This situation is real and cannot be denied. First the Southern Border: So far since Biden took office over 2 million illegal aliens have crossed our border. Roughly four hundred thousand have eluded capture. The laws about immigration are clear. When the President orders our Border authorities to not enforce the law, which is a clear violation of his oath of office and among other violations by Biden, is an impeachable offense. Folks, the border is wide open and is wide open because Biden ordered it to be wide open. It is costing American tax payers over Two Hundred Billion dollars a year. Who has the guts to deny that this is happening? If you do, you are delusional, ignorant, or a liar!!!!
Second the outrageous departure from Afghanistan by and through Biden’s direct orders contrary to the advice of the military, allowing the Taliban to completely take over the country is the greatest military debacle in United States history and it is Biden’s responsibility. Thirteen American service people were brutally murdered because of Biden’s incompetence. Over 86 billion dollars of military hardware was left behind including black Hawk helicopters, armored vehicles, drones, aircraft, and thousands of high-tech assault rifles, making the Taliban the best equipped Terrorist organization in the world. Hundreds of Americans and Afghans (who helped us) were left behind, after Biden promised to get them out. This is all Biden and these the facts. We American citizens are now in huge danger of many more terrorist attacks at home and abroad as a result of Biden’s incompetence and acute dishonesty.
I rest my case! These facts cannot be denied. How can any rational human being continue to support this corrupt government? Folks, do you want to live without freedom, without prosperity, and without hope? The Biden administration is well on its way to accomplishing complete control over your lives. We will eventually be like pigs, being thrown some corn once in a while, as the elite politicians and global controllers live in luxury at our expense, while we the people are forced into mediocrity. Over a billion people in the world live on less than a dollar a day and they all want to come here. Biden wants to let them all in and then watch us become a socialist hell hole.
As always, pro or con, if you have an argument, I want to hear from you. Your comments are always welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
At the height of cronyism and corruption, the foul stench from the Delaware Chancery Court smells to high heaven (or hell), folks! As a judge, what do you get when you award a law firm $7.1 million?! … A job, that’s what you get!
Former Chancellor Andre Bouchard — less than 5 months after his Court retirement — gets a high-paying, private-sector job as Partner at big-law firm Paul, Weiss. The firm is where Bouchard himself gave his former law partner Stephen Lamb $7.1 million payday with no witnesses and no evidence. All of this happened while Lamb suspiciously kept his name off the legal paperwork so that Bouchard wouldn’t have to recuse himself from this very large payday for his former partner!
Suspicious? You decide! It’s the highest sanctions award in the history of Delaware. Sure smells like payback to me! Bouchard pulled his former buddy in on a $7.1 million payday to law firm Paul, Weiss, AND, look who now has a plum gig! From where this reporter stands: This smells so rotten because it is so rotten.
So many things are wrong here! All of them highlight what I have been screaming is blatant corruption in Andre Bouchard’s Chancery Court. Bouchard will now be back in that very same courtroom, switching chairs and trading favors with the very people he has been wallowing in filth with for years.
I see this clearly as “payback in exchange for verdicts” and I am spitting mad about it, folks! Maybe that was the deal all along? Dying to hear your feedback on this! Your opinion matters too! Thank you for all of your recent feedback!
Sincerely Yours,
Judson Bennett–Coastal Network
By Xiumei Dong
Bouchard helped shape top business court
That court is a key venue for shareholder disputes
Former chancellor is sixth attorney to join Paul Weiss’ Wilmington office(Reuters) – Andre Bouchard, who retired as chancellor of the Delaware Court of Chancery earlier this year, has joined Paul, Weiss, Rifkind, Wharton & Garrison as a litigation partner in Wilmington, the firm said Monday.
Bouchard retired in April from the Chancery Court – one of the country’s top business courts, especially for shareholder and corporate governance matters – after serving as chancellor since 2014.
As the sixth attorney to join Paul Weiss’ Wilmington office, the firm said Bouchard will focus his practice on special committee and investigative matters, corporate and compliance issues and litigation strategy.
“[Paul Weiss] has a client base that deals with some of the most complex legal and business challenges, including many of the most significant matters that are in Delaware, and I witnessed that first hand,” Bouchard said in an interview.
During his seven-year tenure as the court’s head judge, Bouchard issued a number of rulings that cemented or proposed new interpretations of the state’s corporate law.
He oversaw high-profile cases, such as the merger dispute between Viacom, Inc. and CBS Corporation and the recent restructuring battle involving shared workspace company WeWork.
In 2016, his decision to reject plaintiffs lawyers’ fee award request in a settlement that only resulted in additional disclosures regarding Zillow’s acquisition of Trulia was the final blow to disclosure-only M&A settlements filed in the court. The decision ultimately caused many shareholder attorneys to move their deal challenges to other courts.
Prior to his appointment to the Delaware bench, Bouchard was in private practice for nearly three decades, including 17 years leading a corporate and commercial litigation boutique he founded alongside current Paul Weiss of counsel Stephen Lamb.
Their boutique firm Lamb & Bouchard became Bouchard & Friedlander when Lamb left the firm to become a vice chancellor for the Delaware Court of Chancery in 1997. The firm was renamed Friedlander & Gorris when Bouchard joined the court in 2014.
“Andy adds unparalleled strategic firepower to our thriving Delaware and M&A litigation practices,” Paul Weiss litigation department co-chair Jessica Carey said in a statement.
The firm has had an office in Wilmington since 2009.
OPINION
Dear Friends,
All eyes are still on new Chancellor Kathaleen McCormick’s handling of the TransPerfect case: Will she let the swindling continue? I’m hopeful for change, but one thing is for sure: Time will tell!
Andre Bouchard’s early resignation, with 5 years left on his term, is a clear sign that the public is fed up with corruption, cronyism, conflicts of interest, and giving out Court victories to your country club golf and tennis partners (Yes, Kevin Shannon, this means you). Here’s some feedback from my recent column, “TransPerfect Wins Legal Victories Against Skadden Arps & Bob Pincus and After Three Years Too Long, the “Custodians” Are Finally Discharged.”
Keep it coming!
Beverly C:
We can only hope that McCormick is twice the Chancellor that Bouchard wasn’t.
Keep us updated, Judson.
John P.:
I don’t get how these guys were able to get so much money from this company without any penalty. What the hell is going on in our state?
Joanna U.:
Judson, thank you. Maybe this will help those workers. So much money that should have been theirs. Keep up the good stories.
Franklin B.:
I don’t get this whole thing. I do get that people are being ripped off here!
Garrison M.:
So good to see the wheels of justice moving slowly in the right direction.
Those Skadden guys seem like crooks! Are you afraid they’ll come after you?
William K.:
The whole TransPerfect case has been an insidious debacle that embarrassed Delaware. Hopefully McCormick will bring some equity to the situation and return Delaware’s Court of Chancery to the national status it once enjoyed.
John W.:
Finally, it seems that some justice for TransPerfect is happening. Your expose’ of this entire saga has been impressive. Thanks for what you do.
Laura S.:
In a small state like Delaware, the legal community, especially in the Chancery Court, is intertwined and connected. This Court has been suspect for many years.
Cathy W.:
“Excellent reporting, keep up the good work!”
Sally B.:
Our Delaware incorporation industry depends on the fairness and equity of the Chancery which is the basis of why Delaware has been the leader in incorporating the majority of Fortune 500 companies. The needed Franchise Taxes are important for Delaware’s solvency. Let’s hope McCormick will restore some trust in the Delaware system. Good job Judson.
I appreciate your feedback and loyal participation over the years. They are a valuable tool as they serve as a barometer of your interest and attitude on these topics.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkWe may finally see a glimmer of justice in the TransPerfect case in Delaware’s Chancery Court. With Kathaleen McCormick in charge, maybe there’s a chance?
The Bouchard-Era Corruption has to end, folks. The obvious cronyism, conflicts, appearances of impropriety and favoritism that compromised Bouchard’s tenure as Delaware’s Chancellor, especially in his handling of the TransPerfect case, from my perspective, needs to come to an end under McCormick. His resignation 5-years before his term expired clearly shows evidence of wrong-doing that looks to have been covered up by his resigning.
Here’s some of the feedback from my recent column, “TransPerfect Wins Legal Victories Against Skadden Arps & Bob Pincus and After Three Years Too Long, the “Custodians” Are Finally Discharged.” I always appreciate your feedback!
Beverly C:We can only hope that McCormick is twice the Chancellor that Bouchard wasn’t.Keep us updated, Judson.
John P:
I don’t get how these guys were able to get so much money from this company without any penalty. What the hell is going on in our state?Joanna U:
Judson, thank you. Maybe this will help those workers. So much money that should have been theirs. Keep up the good stories.Franklin B:
I don’t get this whole thing. I do get that people are being ripped off here!Garrison M:
So good to see the wheels of justice moving slowly in the right direction. Those Skadden guys seem like crooks! Are you afraid they’ll come after you?William K:
The whole TransPerfect case has been an insidious debacle that embarrassed Delaware. Hopefully McCormick will bring some equity to the situation and return Delaware’s Court of Chancery to the national status it once enjoyed.John W:
Finally, it seems that some justice for TransPerfect is happening. Your expose’ of this entire saga has been impressive. Thanks for what you do.Laura S:
In a small state like Delaware, the legal community, especially in the Chancery Court, is intertwined and connected. This Court has been suspect for many years.Cathy W:
“Excellent reporting, keep up the good work!”Sally B:
Our Delaware incorporation industry depends on the fairness and equity of the Chancery which is the basis of why Delaware has been the leader in incorporating the majority of Fortune 500 companies. The needed Franchise Taxes are important for Delaware’s solvency. Let’s hope McCormick will restore some trust in the Delaware system. Good job Judson.
Folks, thank you for your feedback and loyal participation over the years. Please keep the comments coming. They are a valuable tool as a barometer of your interest and attitude on these topics.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Folks, I’ve become such a fan of Alan Dershowitz, who I listened to during the recent Chancery Court hearing that saw TransPerfect taking on Skadden Arps. The call was run by Chancellor Kathaleen McCormick.
Let me tell you, Dershowitz won the day! His words were poetic. So well said, I have typed them up for you to read here:
“Your Honor, I have to tell you, I’ve been practicing law for 55 years. I have never, in my life — and I taught legal ethics for 25-30 years at Harvard — I have never seen billing like this in my life, in my experience, in everything I’ve ever read. I can tell you, anybody, any lawyer, no matter how wealthy, no matter how rich, if they are given what Mr. Pincus was given: A carte blanche, an empty checkbook, allowing him to charge $20,000 for an email, there will be no problem getting people to serve in that capacity. The issue is not whether you get people to serve in that capacity. They will be standing in line to fill in the blank checks.”
“What we have to do is finally put an end to this. And Your Honor can do that. Put an end to it fairly and justly, and allow this thing finally to terminate. And that’s what we urge you to do.”
Dershowitz has the energy and power of someone half his age. As I see it, what he said captures the drama of the outright crime that has been orchestrated upon TransPerfect. He is being bold in calling out this injustice so future companies aren’t treated so awfully in Delaware. Let’s see if McCormick does what is right for all of us hereby ending Skadden’s highway robbery. Please send your feedback on this. It’s always appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
OPINION
Dear Friends,
Are we seeing a new chapter in Chancery Court history? One in which concepts like truth, justice, merits, facts, and the Constitution actually mean something? Is the Leo Strine and Andre Bouchard era — in what I consider the era of legal corruption — over IN DELAWARE? New Chancellor Kathaleen McCormick hasn’t ruled yet, but she did grant me and other Delawareans something I haven’t seen in nearly a decade: A glimmer of hope.
The Chancery Court has done, in my view, so much illegal activity to enrich its personal friends (Bob Pincus, Kevin Shannon, Jennifer Voss, Skadden, Potter Anderson), that I believe the Feds should have raided it years ago. Eventually, avoiding this scenario is probably why Bouchard retired with 5-years remaining on his term?
To try to understand the magnitude of what I consider the ex-Chancellor’s possible crimes-against-humanity and the appearances of impropriety in the TransPerfect case, please consider this: He seized the #1 firm in an entire industry, declared it “dysfunctional” and dissolved it despite all witnesses testifying to the opposite. He put his friends in charge with a blank checkbook — who tried to sell it to their vulture, private equity friends in a phony auction, putting thousands of U.S. jobs at risk — and they took a $250 million payday for themselves. Then what did they do? They sold it back to one of the original owners, at a price that amounted to less than what he’d offered voluntarily. Think it can’t get any more corrupt? Bouchard’s friends sold TransPerfect back to the original founder, Philip Shawe, who Bouchard himself said was the “logical buyer” from the beginning. $15 million dollars for Skadden directly. $50 million dollars for Skadden’s buddies. And all told, over $250 million dollars spent. For what? For nothing?
But wait, we did get something! The people of Delaware had our state’s business image tainted and disfigured beyond all recognition by what I consider and believe are colluding pirates, with Bouchard and Strine at the helm?!
So what is the glimmer of hope? TransPerfect has quietly knocked off a few victories, including defeating TWO contempt motions brought forward by law firms hired by Custodian Bob Pincus. Twisted side-point, folks: He’s spending TransPerfect’s own money to bring contempt motions against TransPerfect. As crazy as that sounds, at least he is no longer winning, for now anyway, under Chancellor Kathaleen McCormick.
All eyes are now on the new Chancellor! Will she free these 7,000 workers? Or let the Delaware elites continue with what I see as a serious and corrupt, legal, gravy train? What will McCormick’s legacy be? Send your feedback and thoughts. They are always welcome and appreciated.
Respectfully Yours,
TransPerfect Wins Contempt Motion Victory Against Custodian-Hired Law Firm
Sun, September 26, 2021, 7:45 PM
· Court Order Discharges Robert Pincus from Position as Court Custodian
· Pincus Has Denied Owing Fiduciary Duties to TransPerfect as Custodian, after Being Specifically Named “a Fiduciary” by Ex-Chancellor Bouchard
·TransPerfect Moves for Sanctions for Alleged Ethical Misconduct by Robert Pincus, Jennifer Voss & Skadden Arps
NEW YORK & WILMINGTON, Del., September 26, 2021–(BUSINESS WIRE)–
TransPerfect, the world’s largest provider of language and technology solutions for global business, won a major legal victory when it successfully defeated a spurious motion for sanctions by Ross Aronstam, a Delaware law firm hired by Chancery Court-appointed Custodian Robert Pincus to execute an agenda against the interests of the company. Ross Aronstam previously employed Delaware Supreme Court Chief Justice Seitz, who has ruled on certain TransPerfect appeals despite previously recusing himself twice for self-identified conflicts of interest.
TransPerfect also succeeded in obtaining a Delaware Chancery Court order discharging Pincus from his role as Custodian and ending a three-year battle to remove him after TransPerfect’s ownership consolidation in 2018. In a letter to employees praising their business acumen and TransPerfect’s performance despite his interference, Pincus implicitly acknowledged that his appointment was not necessary and that there had been no impediments to the company’s “continued success.” His letter enraged the many TransPerfect employees who had their health benefits cut by Pincus while he simultaneously wasted millions of dollars from the company’s coffers.
TransPerfect has now filed a motion seeking relief from the most recent acts of alleged dishonesty by Pincus and his counsel, Jennifer Voss of Skadden. That motion, pending before new Chief Chancellor Kathaleen McCormick, painstakingly details allegations of vast misconduct by Pincus and Voss, including the improper retention of $4 million in escrowed funds under false pretenses. It also recounts Pincus’s ever-changing parade of excuses for hijacking the escrow, which has devolved into nothing more than an admission that he engaged in self-help and improperly froze the escrow as insurance against “future possible” claims.
The escrow funds were supposed to be returned to TransPerfect CEO Phil Shawe and former shareholder Liz Elting three years after the completion of the Court-ordered sale. Despite a Chancery Court decision confirming there were no “claims” against the escrow and that its termination date passed, Pincus and Voss have improperly frozen the account indefinitely. Specifically, the escrow agreement—which was drafted by Pincus and Voss of Skadden—expired on May 7, 2021, and clearly states that all money be returned after three years unless there are “existing” claims pending.
TransPerfect’s motion is rooted in there being no provision that permits a unilateral extension of the escrow for “future” potential claims. Nevertheless, Pincus has openly breached the contract, engaged in self-serving self-help, and again flaunted the tenets of well-established Delaware contract law.
Pincus, Voss, and Skadden are also generating more billable hours for themselves by refusing to accept full payment of “fees” erroneously ordered to be paid by TransPerfect, and have employed such tactics as not depositing checks and refusing to accept escrow monies ordered to be paid to them. Consistent with these bad faith acts, Voss filed a frivolous contempt motion of her own that failed to disclose Skadden’s obstructionist behavior and is designed to generate even more bogus fees.
TransPerfect has now been forced to incur custodial fees of over $50 million by Pincus and his agents, and the current motion asks the Chancery Court to put an end to this perversely incentivized and highly unethical warmongering. “This six-year gravy train must end for Robert Pincus and Jennifer Voss,” stated Shawe. “These ‘state actors’ have disclaimed their fiduciary duties, and continue to pocket millions for ‘work’ that is of no value whatsoever to TransPerfect. This injustice must end.”
Martin Russo, an attorney for the company, added that, “Pincus’s refusal to accept funds from escrow clearly shows that he is not interested in being paid for the services Skadden allegedly rendered; rather, it appears that he is intent on grabbing a fund that he and Skadden can indiscriminately bill against in the future—notwithstanding the fact that their legitimate duties ended years ago. Even Chancellor McCormick publicly has recognized TransPerfect is not a credit risk and it follows that no escrow is needed.”
Dear Friends,
Some of the most important words in our magnificent history were uttered by Patrick Henry (who constantly comes into my mind) before we established our Republic: “Give me liberty or give me Death!”
I feel that way almost every day these days. The second most important words in our history within the essence of our constitution are “Life, Liberty, and the Pursuit of Happiness!”
That being said, is creating a welfare state of authoritarian Socialism going to give you “Life, Liberty and the Pursuit of Happiness”? Is teaching our children “Critical Race Theory” in order to hate each other because of the color of our skins going to fulfill the American dream?
Is literally destroying our ambition, our innovation, and our creativity by taxing us into oblivion, going to fulfill the American dream as promised in our Constitution? Is deterring and eliminating freedom to express our ideas and thoughts without consequence a way to achieve happiness?
Folks, the clear intention, the specific plan, the definite, diabolical conspiracy and platform of the Democrat Party and that specifically of Joe Biden and the Democrat Legislators, is to make us all ordinary pawns in the Global picture of mediocrity and the proven non-working operation of Socialism and eventual Communism. If not stopped, we will become a big Venezuela, where 90% of the population lives in abject poverty. Look at the former Soviet Union. Look at Cuba. Is that the way you want to live?
The $3.5 TRILLION fiasco and plan to economically destroy this country is in the works. Frankly it could become law, where “Big Brother” will be watching every move you make through special gestapo-type IRS agents funded in this despicable bill to monitor your lives.
Folks it must be stopped, Biden must be stopped, Pelosi must be stopped, Ocasio Cortez must be stopped! Call your Congress members and your Senators! Don’t let these power hungry hypocrites ruin your lives. Thomas Jefferson. Ben Franklin, and George Washington are rolling over in their graves right now.
As always, your feedback is welcome and appreciated. God bless America and protect it from the grotesque, internal evil that now pervades our country.
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
This is one of the rare departures from my usual political punditry.
What is love? That esoteric, fleeting emotion– a painful, powerful feeling that can often make or break us. Something I often wonder about as I am remarkably traveling into my golden years.
This morning while eating my Sunday morning eggs benedict at the famous City Diner in West Palm Beach, Florida, I noticed a young couple, probably in their mid-20’s, enter the restaurant and sit near me in a booth. He was not particularly an impressive specimen, while she was exceptionally attractive. Regardless, the affection, the touching, the smiles, the looks, were obviously apparent of some extreme, mutual admiration between the two young people. There was an impressive light shining off their heads. Maybe, they had just made love. Indeed, there was something really happening.
Lord Tennyson wrote “Better to have loved and lost, than not to have loved at all.” Love to me is having trust, having an admiration beyond someone’s faults, and unconditional caring for that person. Indeed I have had that in spurts throughout my life, but never a total fulfillment.
I am now alone with a beautiful cat that does love me unconditionally.
I admit it is not enough. I felt such envy and a moment of sadness while observing the passionate young couple. I wondered if in 50 years, after all the familiarities, successes, and failures, in sickness and in health, will they at 85 years of age walk down the street together holding hands. It always impresses me when I see that enduring love.
Regardless, beyond all the turmoil and pain of a horrible pandemic and a country seriously divided, those of you who have somebody… Please cherish them. You are very lucky and blessed.
Indeed, I have loved and I have lost and I am not sure Tennyson’s words are the truth. At times for me, the pain of that loss was unbearable, so not so sure it was better to have loved at all? Seeing that young, unconditional expression of love this morning stimulated that romantic side of me again. It briefly brought tears to my eyes. I am such an emotional softie sometimes. So be it.
As always, any thoughts or expressions are welcome and appreciated.
Respectfully submitted,
JUDSON Bennett-Coastal Network
Voss Turns in a Losing Snooze-Fest to Over 50 Zoom Hearing Attendees, as TransPerfect is Victorious with Skadden Court Filings forever “Struck From The Record”
OPINION
Dear Friends,
The title says it all! Jennifer Voss’s losing argument during a Thursday afternoon Chancery Court hearing was a lifeless presentation — devoid of any passion or conviction —making me struggle to stay awake.
Without the home-court advantage of knowing the judges, Voss couldn’t argue her way out of a wet paper bag.
Finally, a glimmer of justice, temperament and even-handedness — after years of Bouchard brass and bratty corruption.
See the Law.com article below. Continue sending me your feedback, folks! It’s been pouring in lately — I appreciate and salute my loyal readership.
Respectfully Yours,
Judson Bennett–Coastal Network
Law360
Within about an hour of Chancellor Kathaleen McCormick’s admonition, New York-based TransPerfect wired that money requested by custodian and former Skadden, Arps, Slate, Meagher & Flom attorney Robert Pincus
September 30, 2021 at 10:46 AM
Ellen Bardash
TransPerfect Global and CEO Phil Shawe won’t face additional contempt sanctions after wiring $1.9 million to the custodian in their long-running case in the Delaware Court of Chancery, Chancellor Kathaleen McCormick said at the end of a virtual hearing late Wednesday.
Within about an hour of the hearing ending, New York-based TransPerfect wired that money requested by custodian and former Skadden, Arps, Slate, Meagher & Flom attorney Robert Pincus in connection with previous contempt findings, which could mean the final unresolved disputes in the case will soon come to a close.
McCormick said with a payment wired through the means specified in former Chancellor Andre Bouchard’s April 30 order, she won’t consider the remedial action proposed by Pincus. Without that payment, McCormick said she would consider sanctions and the post-judgment interest that’s been proposed.
“You say you want to pay. Here’s your chance,” she said. “Pay and I will consider that issue resolved and take everything else under advisement.”
Based on the motions currently in play, everything else now includes whether the escrow agreement will be terminated and the funds in it distributed, as TransPerfect and Shawe have moved.
The $1.9 million is the largest of three sums Bouchard ordered in April to be paid by May 7. TransPerfect has maintained the money ordered by the court has been available to be paid to Pincus all along in the case’s escrow account.
At the hearing, Skadden attorney Jennifer Voss said that doesn’t qualify, noting Bouchard previously found the majority of money TransPerfect was ordered to pay couldn’t be taken from escrow and arguing the TransPerfect side should be held in contempt, as Pincus moved in June.
Arguing for Shawe, Alan Dershowitz said that’s not true under the escrow agreement.
“Nothing in this order prevents Mr. Pincus from electing to seek release of funds from the escrow. The only order directed to Mr. Shawe is to ‘promptly and fully cooperate with Mr. Pincus to achieve any amendments that are desirable’ – a relatively vague term – ‘necessary or required,'” Dershowitz said. “There is no order, nor could there be an order, for Shawe to agree or to execute an amendment with which he disagrees.”
The two other amounts ordered are now taken care of, McCormick said, finding $186,921 can be released from escrow and the other $1.1 million wired to Skadden but previously not accepted can also be released.
“We consider this a victory and are confident that Chancellor McCormick will return our escrow once payment is complete,” Shawe said after the hearing.
Shawe and TransPerfect have repeatedly fought fees petitioned for by Skadden throughout the case, a concern which Dershowitz raised Wednesday.
(This note is not in the Law360 article: Jennifer Voss tried to argue to Chancellor McCormick the “difficulties” that Pincus was having collecting his fees would damage the institution and Delaware’s courts would find it hard to find anyone to agree to serve as an appointed custodian anymore. Dershowitz’ reply below was in response to Voss’ assertion)
“I have never seen billing like this in my life, in my experience and in everything I have ever read,” Dershowitz said. “I can tell you anybody, any lawyer, no matter how wealthy or how rich, if they are given what Mr. Pincus was given, a carte blanche, an empty checkbook, allowing him to charge $20,000 for an email, there will be no problem getting people to serve in that capacity. The issue is not whether you get people to serve in that capacity; they will be standing in line to fill in the blank checks. What we have to do is finally put an end to this.”OPINION
Dear Friends,
I must say that until Joe Biden got elected I always respected the office of the Presidency. I have absolutely no respect for this incompetent horse’s ass. I never agreed with Obama, but never thought or wrote the diatribes that this grotesque political monster creates. He is the worst President in U.S. history and with his Socialist/Communist agenda and the idiots he has surrounded himself, he is attempting to ruin America.
Taking into consideration Biden’s innumerable lies and those of his fake wife Jill, the essence of this man’s character is in the sewer. The defamation of Curtis Dunn, who had the misfortune of having Biden’s first wife Nealia run into his truck, killing herself and her infant daughter (Biden claimed the man was drunk, but I understand that he was completely sober), the rape of Tara Reid, the selling of his influence though Hunter’s nefarious criminal operation when he was VP, the termination of the Keystone Pipeline, the crisis at the Border, and most recently the Afghanistan debacle are all the responsibility of Joe Biden. The man is a traitor and if he was not President, he would be arrested and imprisoned.
Folks, as egotistical and brash as Donald Trump was, he cannot be blamed for any of this. Biden owns it, lock, stock and barrel! Biden has mismanaged everything he has done. He has lost his mind, and folks my inside WH sources tell me the situation is much worse than we realize. Biden takes a huge amount of drugs and by 3AM he is wandering around the WH screaming and yelling at people, and periodically doesn’t even know who or where he is. Furthermore, he is seriously incontinent and poops his pants several times a day.
Click on the link below and check out the telling article about Biden’s personal actions, his craziness, and his incontinence. Joe Biden must be removed from office either by his resignation, through the 25th Amendment, or through impeachment.
As always, your feedback is welcome and appreciated.
Respectfully Submitted,
Judson Bennett-Coastal Network
Secret Service Warns Biden Has Lost His Mind, Regularly soils himself!
Will Delaware Ever Be Clean of what I believe is the Bouchard-Era Corruption?
Potter Anderson — the law firm of Kevin Shannon, the dirtiest lawyer in Delaware in my opinion – is now the law firm for Robert Pincus in his latest Court-appointed Custodianship. Apparently, in my view, one dirty legal hand washes the other in Delaware!
During the famous TransPerfect case in Delaware‘s Chancery Court, when Potter Anderson and Kevin Shannon started losing, they basically started calling Pincus unethical! Potter Anderson said Pincus had a “disabling conflict of interest” and that he “abandoned his duties” as Custodian to act in his own self-interest instead.
After all that, which law firm does Pincus pick? Potter Anderson?!? The same firm that dragged Pincus’ name through the mud during his last Custodianship, which he now chooses to be his firm? Does this sound legit? To anyone?
I’m even putting aside, for now, the huge question of how Pincus — accused of being a billing fraudster — even gets another gig from the Courts?! Is this just another opportunity to print money for himself??
I have to wonder, in my opinion, with one dirty, elite legal hand washing the other, with this same gang apparently up to their old tricks again– Will Delaware ever be clean?
Mark my words folks: In my view, if we don’t proactively put an end to what I like to repeatedly call the Andre Bouchard-Era corruption, ordinary Delaware taxpayers will eventually pay the price.
Send me feedback on this charade folks! Your comments are appreciated.
Sincerely Yours,
JUDSON Bennett – Coastal Network
University of Delaware Comes to Town, Political Recognition of Reality
Once every so often, I enjoy sharing a personal story in addition to my political punditry. If I can relate it to the disconcerting, political realities of our time, I usually do that as well. As some of you know, I am a huge University of Delaware football fan. I have been a season ticket holder for many years. My football travels have been curtailed since the Covid-19 pandemic. I now try to attend a Delaware away game every year when they play a big time school.
This past weekend, Delaware played Big East Conference member Rutgers University. I flew to Philadelphia last Friday, before the game, traveled down to Wilmington, Delaware by car, checked in at the Hyatt Riverfront Hotel. I got up the next day, and drove via the New Jersey Turnpike to New Brunswick to Rutgers’ beautiful new Stadium where Delaware’s “Fightin Blue Hens” had come to visit, to take on the Rutgers “Scarlet Knights”!
Interestingly, my best friend from Rehoboth, who had passed away, was also a huge Delaware fan. In his honor, since his tragic death, I have wanted to take his dedicated widow to a big-time game, once a year, and she agreed. What a trooper she is. And frankly, without her assistance, and excellent driving, I don’t think I could have accomplished the situation as easily as we did.
Folks, I meticulously planned every detail and even then, it was a bit complicated and stressful. I have found the best way to get really good seats, and I like to be able to be on the 50 yard line, and have easy, close parking, is to go through an agency like STUBHUB or TICKET CITY and believe me it is pricey and complicated. Unfortunately, for this very computer-challenged Delaware fan, nowadays everything is on an app and transferred to your cell phone. Once the tickets and parking are transferred to the cell phone, you have to make sure your phone doesn’t die and you can retrieve the tickets on the phone before entering the stadium area. That, indeed naturally became an issue for yours truly-LOL.
My arrival details in regard to getting there were perfect. I flew out of Palm Beach via American Airlines, walked to arrivals where my friend picked me up, drove us to the Hyatt in Wilmington where we checked into our rooms. Those of you from Rehoboth will appreciate this part, because next door to the Hyatt RiverFront Hotel was Big Fish Grill which is owned by friends we both know well from Rehoboth Beach where they own another Big Fish Grill. That is where we had two meals and the food absolutely melts in your mouth. I had forgotten how good that restaurant is. Interestingly, the place was not full with many empty tables, yet there was a waiting time to get a table. They have trouble getting employees, especially in liberal Delaware, where the freebies and unemployment compensation is huge. Bottom line, nobody wants to work, as long as the government pays them not to do so.
GAME DAY:
Not knowing exactly where we were going, how to find the parking at Rutgers, me being diabetic and having to eat every so often, we decided to leave Wilmington quite early to proceed over the Delaware Memorial Bridge onto the New Jersey Turnpike for a two hour drive to Exit 9. After traveling in circles for a bit, we found the specified parking lot where the $200 Parking Ticket on my cell phone could not be retrieved by inept me. After some personal panic, we were able to bring it up and were able to enter the tail-way parking lot, which was packed with a sea of red-shirt clad Rutgers folks with a smattering of blue-shirt clad Delawareans.
At this point it was getting hot with 87 degree temperatures and we were two hours early. Then of course, I could not bring up the very expensive tickets on my cell phone to get into the stadium, where I hoped we could get something to eat. Hungry (sugar dropping), no tickets, and hot. On our weaving in and out of tailgaters, we came upon a Delaware tailgating crowd, who I desperately asked if we could join them. We were invited under their tent, (some wonderful shade), given seats to sit on and given a tasty lunch and some fun conversation. They saved us from some difficulties and helped me retrieve my special tickets on my cell phone.
My delightful friend charmed everybody while I stressed over my meticulously planned details. Regardless, we attempted to enter the stadium 30 minutes before the game and the New Jersey Gestapo would not let my friend enter because her pocket book was too big. I had to wait while she had to go through the nightmare of finding the car to stow her bag and come back to the gate. Both of us were sweating profusely, as she found her way back to me. Meanwhile, I was holding my cell phone delicately to prevent the App from disappearing again. We then made it into the stadium and found our spectacular seats.
Delaware got beat 45 to 13. The score was not really indicative of the contest. Delaware’s quarterback threw many perfect passes into the hands of receivers who dropped them. The interior line opened some great holes, and Delaware had several scoring opportunities, but blew them with ridiculous penalties. I have to say this without any doubt. Delaware has a terrible pass defense and gave up 3 touchdowns that never should have happened. I frankly question the Delaware coaching, as the offense – clicking at times – was not innovative – no reverses, no fake plays, no fake punts, or attempts on 4th down.
I also found it interesting that the Delaware punter kicked it directly to the top punt return guy in the country. He did run one back for a touchdown. Why not kick it out of bounds? Poor coaching folks. Delaware had everything to gain and nothing to lose, but played conservatively. Why? The bottom line is as follows, in my educated football opinion: If you can pass, you can beat Delaware. I predict Delaware will lose at least two more games. That is the way I see it. I believe Rutgers is for real, and the renewed spirit and marketing that Rutgers is presenting these days is remarkable. When the Rutgers mascot – the “Scarlett Knight” clad in bright red-armor galloped into the middle of the field on his beautiful stallion, the sell-out crowd went wild. Rutgers could be in the hunt for a National Championship. Unfortunately, I predict Delaware will not be successful in its division, because of its poor pass defense. It drives me crazy. Regardless, it was a fun day, interesting to see the revised Rutgers program and I see them as a regular national contender in the future.
The drive back to Wilmington was tedious, dark, and we got lost despite our GPS. When we finally got to our rooms at the Hyatt, our beds had not been made and no clean towels. I raised hell, and was told that Delaware has Covid regulations that prevent Housekeeping room service, if you are not booked for more than 3 nights, and then you have to actually request it. Absurdity beyond belief and folks, the clerk was not even slightly concerned and was rude to me. The Hyatt Riverfront Hotel is not up to par. I don’t recommend it to anybody. The only good thing about it is it is next to the Big Fish Grill, which is superb. This would never happen in Florida under our magnificent Governor Ron DeSantis.
The next day, we departed early, my friend successfully delivered me to American Airlines at Philadelphia Airport. She was wonderfully helpful and I hope we can continue this tradition in honor of her departed husband and my friend who I knew and adored for over 60 years Like me, he loved Delaware football.
I now have to get political. While waiting at my gate to board the plane at the Philadelphia Airport, every 15 minutes, a threatening voice announced over the loudspeaker the Federal “Biden” mandate that everyone in the airport had to wear a mask or receive a $3,000 fine. I witnessed some cops harassing a person, accordingly. Big brother is watching and Biden is starting his totalitarian platform to completely control our lives through his Marxist/Socialistic agenda. God I felt outraged at this non-scientific absurdity that is all about political control and an eventual termination of our constitutional freedoms.
Finally, after boarding, and heading down the runway , the Pilot announced we had to return to the gate because there was a “Paper” error. Two hours later, we finally took off. Such incompetence by American Airlines is outrageous. Never will I fly American again. Frankly, I am not in any hurry to leave the Free State of Florida any time soon. I have experienced some of the Biden dishonesty and authoritarian crap first hand, and it is just the beginning. I finally arrived home, stiff and sore, hot and tired, and literally exhausted. I slept for 7 straight hours.
Regardless, all things considered, it was a positive weekend; I had a fabulous companion and efficient driver who was a magnificent trooper in dealing with stressed-out me. We saw some interesting football and an amazing Rutgers program. Hopefully we can do another game next year and I will plan it even better.
In conclusion, I say, Go Delaware! I thank my old friend, and I look forward to better days for the State of Delaware and our entire country.
As always, your comments are welcome and appreciated.
Blessings to all,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Between the recent Politico article calling out Delaware’s Chancery Court corruption and now, the hit show Billions obviously being influenced by my years of investigative journalism into Bouchard-Era Corruption, my detractors can kiss my grits! In this article, Kevin Shannon of Potter Anderson says the caddie is lying, and he didn’t golf with Bouchard during the case. What was it Shannon? Tennis? Croquet? Badminton? Fox hunting?
Link to Politico story:
https://www.politico.com/news/2021/08/22/sharpton-biden-delaware-court-drama-506496
Everything I have been screaming from the mountain tops about the con Delaware’s elites pull on shareholders and workers is on clear display in Billions, Season 5, Episode 9.
Link to Showtime’s Billions:
https://www.sho.com/billions/season/5#/stream/episode/3475703/int-billions-11879
The glad-handing, nepotism and “Good Ole Boy” back-scratching are the subject of this episode, and my fears for Delaware tolerating this are all coming home to roost: Court crimes can only be so big before the world learns the unfortunate truth about the “no jury” — “no wheel spin” — “it’s all about who you know” Chancery Court with its archaic rules that make the Chancellor a Feudal Lord, unaccountable to anyone.
Without my investigative reporting on this issue, I find it hard to believe the Billions people would have known exactly what to look for. Voters, tell your elected leaders: Something must change in Delaware’s corrupt court system. If we don’t make changes ourselves, it will thrust upon us economic havoc in the industry for which we rely on most: Incorporations.
We must have integrity in our courts!!! As always, your comments are welcome.
Respectfully Yours,
JUDSON Bennett–Coastal NetworkOPINION
Dear Friends,
Folks, I write this dissertation with great concern and frankly in amazement at the apparent operation and incompetence of General Mark Milley, the United States Chairman of the Joint Chiefs of Staff, who according to Bob Woodward in his latest book, might have committed treason? The basic job description of this military position is to advise the President militarily. Our President is our constitutionally designated, civilian Commander in Chief. When I consider the history of the Obama administration, the Biden operation in China with son Hunter selling his father’s influence for billions of dollars to the Chinese government, and the huge abundance of untapped, natural resources that exist in Afghanistan, including lithium, gold, copper, and iron ore, that will be utilized by China, along with the establishment of a perfectly located military base, I have to wonder about a long term conspiracy involving all the players going forward? This is way too coincidental, in my view, and the arrogance is earth shaking. None of it makes sense, unless you dig deep and look at exactly what has transpired.
Before going forward, it must be mentioned again, that the timing, the decisions, the orders, the total debacle in Afghanistan was the absolute responsibility of President Joe Biden who it appears was led by the hand of General Mark Milley. The decision to abandon a strategically located and easily defended airbase near the Chinese border; leaving behind billions of dollars of military hardware for the Taliban (making them the best equipped terrorist organization in the world) was pure lunacy. To allow the Taliban to take over Kabul, to surround the Kabul Airport, eventually leading to the bombing, assassination of 13 US service people, the deaths of hundreds of civilians and countless others who were severely wounded, was beyond stupidity and acute incompetence. To make matters worse, leaving behind hundreds of Americans and possibly thousands of Afghan allies, was grotesque in its entirety. Biden and Milley— the decisions are complete absurdity and absolutely unacceptable by any logical standards, setting the perfect stage for China to be the supreme operator in Afghanistan, thus controlling everything.
Now let us go further back in the Trump administration. According to documented evidence by writer Bob Woodward, General Milley contacted his Chinese Counterpart and informed him that “China was under no threat from the US.” He also apparently told him “if there was going to be an attack, he would warn him ahead of time.” President Trump was neither informed about this conversation before it happened or afterwards. Folks, if this actually did happen, General Mark Milley, the Chairman of the Joint Chiefs of Staff has committed treason and has compromised the security and safety of the American people.
When you combine, so many things, HUNTER BIDEN—Billions spent by the Chinese Government for influence with Vice President Joe Biden, General Milley, while acting as the Chairman of the Joint Chiefs, under Trump apparently betrays the administration, covertly talks to the Chinese military (Treason?), then Afghanistan debacle—basically giving our airbase to China, freeing up their huge military influence and economic benefits from mining the abundant natural resources. Let us look at China folks—Hunter, Joe, Milley, Wuhan Virus, China, China, China!!! If what I believe is true, then General Milley should be terminated and prosecuted for selling out our country. Never in my life have I seen such audacity and corruption in this remarkable Republic called the United States of America.
If anybody wants to destroy the United States, the Biden/Milley plan seems to be the way to go. It is hard to believe anybody could be that stupid? Folks, our freedom is at stake and something must be done. It is all just too much, all things considered?
As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
Read the original post, Ultimate Vindication As Mainstream Press Calls out Chancery Court Corruption
Dear friends,
I received substantial feedback from the article in which yours truly was interviewed by National White House Correspondent, Chris Cadelago from Politico magazine on the TransPerfect case. The piece not only confirms my suspicions about EX-Chancellor Bouchard and his gang of legal pirates – but also vindicates my view that the corruption in the Chancery Court is real, and devastating to Delaware’s image.
“Power tends to corrupt, and absolute power corrupts absolutely.” Lord Acton said this in 1887. It is still true today, and there is no better example of this than the Delaware Chancery Court – in which archaic Old English rules make the system vulnerable to a man of Bouchard’s ethical fiber, which is ripe for abuse in my opinion. Example: Judges can select their own cases where the attorneys are their friends!?!? Versus a randomized process of judge selection!?!? A five-year-old could tell you this isn’t fair – the Chancery has no interest in even giving the appearance of fairness – in my view, just in enriching its “Good Old Boys Club” of cronies.
This must stop for the good of Delaware, and our Chancery must change. Thank you Politico for spotlighting the corruption I have spent near 10 years fighting! The story appears in full below. Thanks to so many of you for the flood of feedback! Perhaps change is in the air. I wish I could print them all, but here are 10 representative comments.
Forever for Delaware!
Feedback from Politico story:
1. Lynn R.
Judd, making POLITICO put you on the National Stage.
Good comments and to the point.
You pulled no punches. Great Job!
2. Albert S.
Wow what a story! Judson you are ready Fox News!
Philip Shawe has fulfilled the American dream and Delaware has tried to ruin it for him.
Glad the truth is coming out, thanks to people like you.
Can’t stand Sharpton who is an idiot. Keep up the great work. Al
3. Nickalous C.
Judson,
Great job keeping us informed.
Delaware is a corrupt state and your dedication to the truth about it is laudable.
Time for change in Delaware.
Best Regards,
Nick
4. Evelyne B.
Wow! Very involved.
I read it and it is quite amazing.
Sincerely,
Evelyne
5. Julia D .
It’s sad that the Delaware Way has been allowed to get so bad. Keep after it, Judson!
6. John W.
Judson, Great article.
Biden a crook, U.S. Attorney in Delaware a crook, Governor a dictator, and the Chancery Court has been passing money around like water for years at the expense of businesses. The Delaware Way is alive and well.
Thanks for your tireless work on this saga. Best regards, John
7. Julie V.
Bouchard should be in jail!
8. Frank M.
It runs much deeper than I would have ever thought! I pray this, Biden, and “other antics” all are exposed and our legislators take action!
9. Thomas B.
Everyone is beating up this court, yet it is deserved and not without sin.
God Bless America, Judson!
10. Susan L.
Who knew this level of dishonesty is even going on? Thank you for your reporting!
Indeed I thank you all for your many responses through Facebook and the Coastal Network. I dropped the last names to protect your privacy. Again I appreciate and welcome the amazing feedback. which shows that the public is recognizing the Chancery Court’s inequities and the importance for change.
Scroll down to read the well-written Politico article. Let’s keep this momentum going for change in Delaware and our Chancery Court.
Yours Truly,
JUDSON Bennett–Coastal NetworkDear Friends,
Look at this, folks! Retired Skadden Arps partner and former TransPerfect Custodian Bob Pincus — who orchestrated the court-ordered highway robbery of $50 MILLION in the TransPerfect case — is at it again! He’s “raising eyebrows” by asking to exceed a $2 million cap on his fees in the sale of Citgo’s parent company case, as you’ll see in the story below.
What nerve this guy has to go to the trough yet again in Delaware, where he knows the fix is in! Why else would he have the brass ones to ask for more money than all the parties involved have agreed on?! Well, why not?! He’s on the inside of a fixed system where he and his judge buddies all hang out at the country club, play tennis, go golfing and likely figure out how to pay for new pools and their kids’ educations over drinks — that’s the Delaware Way! And now others are getting screwed in addition to TransPerfect. Who will be next?!
Once again, shamefully, the rich are getting richer and the poor workers at these companies are paying for it with lower salaries, healthcare benefits and bonuses. This money has to come from somewhere and you can bet it’s coming out of the pockets of employees to pay for the Rolls Royces of people like Pincus and Andre Bouchard and their Skadden and Chancery Court buddies.
Read the dreadful story below. Pincus is at it again. Send your feedback on this, my friends. Your comments are welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal NetworkSpecial Master Targeted In Fight Over Fees For Citgo Sale
By Caroline Simson
Law360 (September 8, 2021, 10:00 PM EDT) — The special master overseeing the sale of Citgo’s parent company has become embroiled in a dispute over fees that exceed a $2 million cap, marking at least the second time that the retired Skadden partner has raised eyebrows over fees incurred while overseeing a court-ordered sales process.
The parties involved in the dispute — including Venezuela, its state-owned oil company PDVSA, ConocoPhillips and Crystallex — have sent letters filed under seal in recent weeks objecting to court-appointed special master Robert B. Pincus’ request that a Delaware district court judge allow him to exceed the $2 million fee cap the judge set earlier this year.
Pincus, a former mergers and acquisitions partner of Skadden Arps Slate Meagher & Flom LLP who retired from the firm in late 2018, was officially appointed to the special master position by U.S. District Judge Leonard P. Stark in May to oversee the sale of PDVSA’s shares in PDV Holding Inc., the indirect parent of U.S. petroleum company, as part of Canadian company Crystallex’s efforts to enforce a $1.2 billion arbitral award against Venezuela. He had been one of the candidates put forward by Venezuela, PDVSA, PDV Holding, Citgo and ConocoPhillips.
In a public version of an Aug. 30 letter penned by Pincus that was posted to the docket on Tuesday, Pincus defended his requested fees and noted that the parties had understood that those fees might exceed the $2 million cap. As a result, Judge Stark included a mechanism to adjust the fee cap upward when Pincus was appointed back in May, according to the letter.
“My mandate already has been an extraordinarily complex and difficult endeavor on many levels,” Pincus told Judge Stark. “One need only read my report to understand that, and I am confident that all of the interested parties appreciate that our task has been a difficult and complex one just to get to this stage.”
Pincus, who submitted proposed sale procedures for the PDV Holding shares to the court on Aug. 9 that remain under seal, nevertheless agreed to reduce the fees being sought by him and his advisers for the month of July by a combined $75,000, with the caveat that he “hesitate[d]” to offer the concession for fear of making it appear that the reduction is warranted or of establishing a pattern for every time a party objects to his fees.
Counsel for Citgo and PDV Holding declined to comment. Counsel for Pincus and the other parties could not immediately be reached for comment.
The dispute marks at least the second time that Pincus has been targeted over his fees, although in the previous situation, involving global translation company TransPerfect, he emerged mostly on top. Earlier this year, another judge in Delaware ordered TransPerfect and co-founder Philip Shawe to pay Pincus, who had been appointed custodian to sell the company in 2015, fees and expenses totaling more than $3.2 million.
TransPerfect and Shawe had attacked Pincus’ fee petitions “in every way imaginable,” now-retired Delaware Chancellor Andre G. Bouchard wrote in the April 30 opinion, filing three rounds of objections that took issue with “with virtually every time entry in the fee petitions,” including a motion accusing Pincus of bad faith over certain categories of expenses.
The judge denied TransPerfect and Shawe’s contempt, preclusion and bad faith motions against Pincus, although he sustained certain objections they had raised and shaved some $420,000 off the fees and expenses that Pincus said he was owed.
In the Crystallex case, meanwhile, a redacted version of an Aug. 25 letter penned by Citgo, PDV Holding, PDVSA and Venezuela, which appeared in the public docket on Sept. 1, reveals that they had asked Judge Stark to reject Pincus’ fee request over the $2 million cap and to require him to seek advance approval before submitting any further requests to exceed the cap.
In addition, they asked the court to require Pincus to provide a “satisfactory explanation as to what extraordinary, unforeseen reasons made it impossible to stay within the court’s ordered limit,” and to consult with the parties and ConocoPhillips regarding any expansion of the fee cap and provide a plan to “rein in costs and establish more certainty that any new fee cap will not be exceeded.”
In a follow-up letter dated Sept. 1 that was made public on Wednesday, they complained that Pincus had “failed to address the thrust of [their] objection to his July fee request” in his Aug. 30 response and argued that the “generous sum” of $2 million “appears to have been treated as an estimate or proposed budget rather than as a cap.”
“Of course, as the special master noted … the May 27 order provides a mechanism for the special master to petition the court to exceed the cap, but presumably only upon a showing that there was a diligent effort to stay within the cap and that some unforeseeable, extraordinary event has made it impossible to stay within that limit,” they continued. “The special master has done none of those things and has made no attempt to justify the twenty-seven lawyers that have billed an extraordinary amount of time to this matter.”
Crystallex won its award in April 2016 after an international tribunal concluded that Venezuela breached its investment treaty with Canada by wrongfully ousting the company from an operating contract for the Las Cristinas mine, which contains one of the world’s largest undeveloped gold deposits. The award was confirmed by a D.C. federal court in March 2017.
In an order issued in January, Judge Stark denied Venezuela’s motion to quash an attachment order for the PDV Holding shares that he issued to Crystallex some three years ago in light of the “extraordinary” circumstances relating to an ongoing power struggle between Venezuelan President Nicolás Maduro and opposition leader Juan Guaidó, saying that it would be “inequitable” to permit the Venezuelan government to continue evading payment on what it owes.
ConocoPhillips, which is owed some $2 billion by Venezuela after the country nationalized two of its onshore extra-heavy oil projects without compensation in 2007, has also taken an interest in the case since Citgo is considered Venezuela’s most significant U.S. asset.
Crystallex is represented by Travis S. Hunter, Jeffrey L. Moyer and Raymond J. DiCamillo of Richards Layton & Finger PA and Robert L. Weigel, Rahim Moloo, Miguel A. Estrada, Lucas C. Townsend and Jason W. Myatt of Gibson Dunn & Crutcher LLP.
Citgo Petroleum Corp. and PDV Holding Inc. are represented by Kenneth J. Nachbar and Alexandra M. Cumings of Morris Nichols Arsht & Tunnell LLP and Nathan P. Eimer, Lisa S. Meyer, Daniel D. Birk and Gregory M. Schweizer of Eimer Stahl LLP.
PDVSA is represented by Samuel T. Hirzel II of Heyman Enerio Gattuso & Hirzel LLP and Joseph D. Pizzurro and Julia B. Mosse of Curtis Mallet-Prevost Colt & Mosle LLP.
Venezuela is represented by Donald B. Verrilli Jr., George M. Garvey, Elaine J. Goldenberg, Ginger D. Anders, Brendan B. Gants and Jacobus P. van der Ven of Munger Tolles & Olson LLP and A. Thompson Bayliss and Stephen C. Childs of Abrams Bayliss LLP.
Pincus is represented by Myron T. Steele, Alan Richard Silverstein, Abraham C. Schneider and Matthew Foulger Davis of Potter Anderson & Corroon LLP and by Alexander W. Welch and Jason Hufendick of Weil Gotshal & Manges LLP.
The case is Crystallex International Corp. v. Bolivarian Republic of Venezuela, case number 1:17-mc-00151, in the U.S. District Court for the District of Delaware.
–Editing by Jay Jackson Jr.OPINION
Dear Friends,
Look at this Citizen’s billboard finally calling out Custodian Bob Pincus and Jennifer Voss of Skadden Arps for what they have done, which in my opinion, is state-sanctioned highway robbery – to the tune of $50 MILLION!!
The rich get richer by scratching the backs of their fellow Country Club members – only in Delaware – and only under the false veil of legality that defined Chancery Court under its Bouchard-Era corruption.
Who is not pictured? Another crony that made over $1.7 million, Kevin Shannon of Potter Anderson. Shannon officially denied playing golf with Chancellor Bouchard during the trial; so now, it’s his word against a caddie according to Politico Magazine. My money is on the caddie telling the truth. However, Kevin Shannon did not deny being best friends with then-Chancellor Bouchard, did not deny playing tennis with him, nor being hand-picked by him for Bouchard’s prestigious hospital Board Seat – a vacancy created when Bouchard took the bench for his infamous and disgraceful reign. Nor has Shannon denied his using a forged retainer letter during trial (Exhibit JX378) to hide the premeditated dissolution plan – evidence that would have exonerated TransPerfect and Shawe from the outset.
A chorus of my reader is wondering: “When will justice come for these cronies?” Bouchard ordered his cronies Skadden, Pincus, Voss, Shannon and his former partner Steven Lamb, over $50 MILLION in unitemized fees. That’s a lot of extra-cheese on your Whopper for being public servants.
As always, your feedback is welcome and appreciated.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20210902005706/en/Citizens-for-a-Pro-Business-Delaware-Exposes-Skadden-Arps’-Shamelessly-Endless-Appetite-for-Litigation-with-New-Mobile-Truck-Ad
Citizens for a Pro-Business Delaware Exposes Skadden Arps’ Shamelessly Endless Appetite for Litigation with New Mobile Truck Ad
The advocacy group is publicizing the $50 million billed to TransPerfect after Skadden Arps’ Voss choose to take TransPerfect to court over funds already in hand
WILMINGTON, Del.–(BUSINESS WIRE)–Following a recent letter from Skadden Arps’ attorney Jennifer Voss to TransPerfect lawyers refusing to cash a payment of more than $1 million made for debts owed, Citizens for a Pro-Business Delaware (CPBD) is exposing the firm for its overzealous inclination to sue. The company continues to pay fees to Skadden after more than three years after the forced sale of the company.
The unprecedented forced sale of the profitable company sparked TransPerfect employees to start CPBD to promote transparency, accountability and diversity in Delaware courts for more just and fair rulings.
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “The residents of Delaware lose when powerful law firms can overburden the court system with more opportunities for selfish gain. Skadden Arps and their consultants have made more than 1000 times the median salary of a Delaware resident on a single case. Previous judges like Chancellor Andre Bouchard and former Skadden employees that now reign on the Chancery continue to allow the firm to sue TransPerfect and other companies rather than mediate, negotiate and serve the benefit of the public.
“We have come back year after year in hopes for change. We have received the attention of national media and we have seen small gains in exposing the way the Delaware court system is skewed to advance lawyer greed as opposed to worker and resident rights. The more we amplify the message, the more people join the effort, and we will continue on.”OPINION
Dear Friends,
Make no mistake about the acute incompetence of President Joe Biden. He was clearly informed by the CIA and his military advisors that Afghanistan was on the verge of collapse. Evidence indicates that Biden had a detailed conversation with the Afghan President in July, where he was clearly told that without U.S. air-support, the take-over by the Taliban was inevitable, especially with Pakistan’s planning and financial support. Biden completely ignored those warnings and told the Afghan President that he needed to present a different image. Biden has left 100s of Americans behind and thousands of Afghan allies who are possibly going to be slaughtered. The Taliban are now going door-to-door, executing former U.S. helpers on the spot. Impeachable offense??
Folks, 13 brave servicemen and women were killed at the main gate of the Kabul Airport. Folks, 86 billion dollars of American military hardware was left behind for the Taliban including Black Hawk Helicopters, armored vehicles, night-goggles, M-16 assault rifles and thousands of rounds of ammunition, drones, aircraft, and much more. Taliban soldiers are strutting around in American uniforms. The Taliban, thanks to the incompetence and poor planning of Joe Biden are now the best-equipped terrorist organization in the world. I shake my head in disgust and disbelief that the most powerful country and best-equipped military in the world was kicked out of Afghanistan with its tail between its legs by a bunch of 16th-century goat herders, because of the incompetence of our leaders. Our troops, who performed magnificently under horrible conditions, were put in untenable situations by Joe Biden and indeed, he has disgraced our nation. It is shameful!
Make no mistake, that in 2022, the Republicans, with the support of the American people, will take back the House and Senate and Biden will be impeached, Calls for his resignation or impeachment are coming from everywhere. He is incompetent and has put our nation at risk.
As always, your comments are welcome and appreciated. Please check out my website at www.coastalnetwork.com.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkWhat a shocker, folks! Whenever I read about Bouchard’s long-time friend and country club crony, Kevin Shannon of Potter Anderson, involved in a decision in Delaware’s Chancery Court, I have to wonder: It is another win!! What are the odds??
If you wanted mathematical proof that the Chancery Court, in my educated personal opinion, is now nothing more than a corrupt parasite that leeches off the people and businesses of Delaware, my view is that you need look no further than Kevin Shannon’s win percentage?
Further, you may remember how many of the cast of cronies – who in my opinion, got rich or enriched their pals, off the backs of TransPerfect’s workers – all got super cozy with each other in the first place? They worked on Delaware’s 2nd most famous case, the Disney/Ovitz case: Shannon, Bouchard, and Kramer Levin (including Gary Navtalis himself) all worked as co-counsel against the shareholders – in fighting to allow management – to give Ovitz one of the largest executive severance payments in history. It’s just another amazing coincidence that could only happen in Delaware. It’s an outrageous disgrace in my opinion. As I see it – and it is my definite belief that these people are possible co-conspirators who met on Disney-Ovitz – I believe they’ve been working together to extract millions together in many ways ever since!
Folks, the Chancery Court in my opinion, under Bouchard has been a corrupt disgrace for over 6 years. When I think about Chancellor Bouchard, Kevin Shannon, Jennifer Voss, and Bob Pincus, no matter how much I wash, I can’t feel clean. Something is way too coincidental, subjective, and seemingly inequitable.
The verdict is still out on McCormick. Let’s pray for a better tomorrow.
Please check out the article below and send your feedback, folks. It is always appreciated!
Respectfully Yours,
Judson BennettCoastal NetworkChancery Nixes Dyal Capital-Owl Rock Tie-Up Injunction
By Jeff Montgomery
Law360 (April 20, 2021, 5:04 PM EDT) — Sixth Street Partners Management Co. lost a battle Tuesday to block Dyal Capital Management’s $12.5 billion merger with Owl Rock Capital, after a Delaware vice chancellor branded its preliminary injunction motion as an unsupportable bid to force an undervalued Dyal sell-back of its stake in Sixth Street.
Vice Chancellor Morgan T. Zurn, ruling after a hearing on March 24, found that Sixth Street’s suit and a similar, unsuccessful action by Golub Capital in New York “were part and parcel of a calculated effort to ‘muck up'” the Owl Rock transaction and create pressure for the buyout.
Dyal, a multifaceted holding of Neuberger Berman Group, acquired an interest in Sixth Street’s $50 billion business in 2017 through its third unit, Dyal III. In December, however, Dyal announced a planned merger with Owl Rock Capital, a credit business that Sixth Street views as a competitor and a potential beneficiary of Dyal’s access to Sixth Street’s proprietary information.
Sixth Street said in a complaint earlier this year that Dyal intended to funnel knowledge gathered from its stake in Sixth Street into the merged Dyal-Owl Rock business – to be named Blue Owl Capital Inc. – despite prohibitions in the 2017 Dyal-Sixth Street investment agreement. It sued both Dyal and Neuberger Berman.
“Sixth Street’s concerns about misuse of its confidential information in the hands of a competitor are speculative at best and cannot support a preliminary injunction,” Vice Chancellor Zurn wrote. “Since filing, nothing in the record indicates Sixth Street ever actually became concerned about its confidential information. Rather, the record further undermines Sixth Street’s purported irreparable harm.”
In a statement released Tuesday, Dyal said, “We’re pleased with this resounding victory. We look forward to completing our strategic combination and remain on track to do so in the first half of this year.”
Dyal’s five limited partnership funds manage passive minority equity in 50 private investment businesses. General partners, controlled by Neuberger, manage the LPs, with Dyal III acquiring a passive minority stake in Sixth Street for $417 million in 2017.
The deal provided Dyal with limited information rights needed to monitor its Sixth Street investment but not competitive information. Vice Chancellor Zurn said Sixth Street’s own senior executives noted the distinction while reassuring their investors about risks from the Owl Rock deal late last year, “reiterating its lack of concern on multiple occasions.”
Sixth Street’s posture changed early this year, the court said, with an assertion that the Dyal-Owl Rock merger required Sixth Street’s consent in what the court concluded was an effort to force a buyback. Although Dyal offered additional assurances, Sixth Street demanded buyback of its stake for the same $417 million price paid in 2017, despite indications as early as 2018 that Sixth Street’s value had risen to $6 billion, implying a $700 million value for Dyal’s holding.
During arguments in March, William Savitt of Wachtell Lipton Rosen & Katz LLP told the vice chancellor, “There’s an active, guerilla war campaign on behalf of Sixth Street to block this deal.” He said the injunction effort “confirms to us that what we’re talking about here is an attempt to get leverage to force a buyback at non economic terms, to create a windfall in Sixth Street’s favor.”
A Sixth Street spokesman said Tuesday, “We entered into our agreement with the understanding that Dyal would be our partner and not our competitor. We are disappointed that Dyal and Neuberger’s unreliable narrative was the basis of today’s decision, and we will consider appropriate options. Our focus always has been and continues to be providing value for our stakeholders.”
During arguments last month, Andrew Rossman of Quinn Emanuel Urquhart & Sullivan LLP, counsel for Sixth Street, said, “The bedrock principle in hundreds of years of partnership law is ‘You get to pick your partner.’ That’s what this case is about.”
Vice Chancellor Zurn found that Sixth Street’s effort “threatens the interests of a panoply of parties interested in the Dyal-Owl Rock transaction, “including Neuberger and Owl Rock investors who are in no way implicated in Sixth Street’s relationship with Dyal III.” The decision also noted that Sixth Street’s attorney also represented Golub Capital in its unsuccessful attempt earlier this month to block the deal in a New York state court.
The court rejected all of Sixth Street’s claims, including an alleged breach of a transfer restriction in the 2017 investment agreement and tortious interference with a contract.
Dyal violated none of the Sixth Street agreement’s transfer restrictions, the vice chancellor found, adding that “Sixth Street’s interpretation would have the court enjoin a transaction at any level of Dyal’s corporate pyramid, regardless of whether that entity was explicitly bound by the transfer restriction.”
“Sixth Street’s concerns about misuse of its confidential information in the hands of a competitor are speculative at best and cannot support a preliminary injunction,” the vice chancellor wrote.
Sixth Street Partners LP et al. are represented by Michael A. Barlow and Eliezer Y. Feinstein of Abrams & Bayliss LLP, and R. Brian Timmons, Andrew Rossman, Corey Worcester, Maaren Shah, David Mader and Kimberly Carson of Quinn Emanuel Urquhart & Sullivan LLP.
Dyal Capital Partners III et al. are represented by Kevin R. Shannon, Christopher N. Kelly and Daniel M. Rusk of Potter Anderson & Corroon LLP, and William Savitt, Stephen R. DiPrima, Corey J. Banks, Nathaniel D. Cullerton, Daniel H. Rosenblum and David P.T. Webb of Wachtell Lipton Rosen & Katz.
Neuberger Berman Group LLC is represented by Robert S. Saunders, Sarah Runnells Martin, Jacob J. Fedechko, Susan Saltzstein and Shaud Tavakoli of Skadden Arps Slate Meagher & Flom LLP.
The case is Sixth Street Partners Management Company LP et al. v. Dyal Capital Partners III (A) LP et al., case number 2021-0127, in the Court of Chancery of the State of Delaware.OPINION
By Hiding his True Role as a Bouchard Croney and Paid Chancery’s Attorney, Larry Hamermesh Constantly Commits Lies-of-Omission
Should Hamermesh be Permitted to Misidentify Himself as a Neutral and Unbiased Source, or Should Rules Governing Ethical Misconduct Require Hamermesh to Properly Identify Himself?
Hint: He’s not just the neutral college professor he claims to be.
Dear Friends,
People ask me why I write so much on the TransPerfect case and the State Actors that, in my opinion, colluded to get away with looting TransPerfect over $250 million (Andre Bouchard, Robert Pincus, Jennifer Voss, Skadden Arps, etc.). My anger is explained in an example below.
Despite Bouchard’s Attorney, Larry Hamermesh, saying something to the effect of, “There’s not a corrupt bone in his body,” the Delaware people now know better, in my view – and Bouchard’s perceived corruption is generally accepted as the reason he left in disgrace, after serving only half his term, amidst controversy surrounding TransPerfect case.
What makes me so angry to maintain my reporting and the fight against this injustice, is the same spirit that outrages me about the Boston Globe “Spotlight” story about priests abusing children: PEOPLE PLACED IN POSITIONS OF PUBLIC TRUST TO PROTECT COMPANIES, AND EMPLOYEES, SHOULD NOT ABUSE THESE GOVERNMENT POSITIONS AND BETRAY US.
This Reuters article clearly shows Hamermesh as Bouchard’s Co-Counsel, and the Chancery’s Attorney.
https://www.reuters.com/article/us-otc-chancery/biotech-company-cries-conflict-from-bouchards-past-work-as-counsel-to-chancery-colleagues-idUSKCN1QI5LN
“Bouchard’s name doesn’t appear on the 2012 trial court decision granting judgment to DelCOG; that ruling names Widener law professor Lawrence Hamermesh as Chancery’s counsel.
Yet, when Hamermesh props up Bouchard, and tries to sweep the, what I believe, is the Bouchard-Era Corruption in Chancery Court under the rug, time and again, he gives no disclosure that Hamermesh is actually the Chancery’s attorney.
Hamermesh is in my opinion, a serial liar by omission, keeping his past secret press to constantly get quoted as a “neutral” — what a joke! I have listed one recent example below, but there are many others.
Question: Should Hamermesh face repercussions, for what I view, as blatant ethical misconduct and propaganda in support of perceived Bouchard-era corruption? Is it not the appearance of impropriety?
Let me know what you think!
Respectfully Yours,
JUDSON Bennett-Coastal Network
Example:
Hamermesh in Recent Politico Piece on Chancery Court Corruption:
Story link: https://www.politico.com/news/2021/08/22/sharpton-biden-delaware-court-drama-506496
Hamermesh Paragraphs in the story. NO MENTION whatsoever that he’s the Chancery’s attorney…
“I’ve had a hard time hearing this message from quarters I believe are doing it simply out of personal pique — and vengefully, at that — as opposed to out of a genuine concern for addressing the [diversity] problems that are real,” said Larry Hamermesh, a former professor of corporate and business law at Widener University’s Delaware campus.
Hamermesh, who knows Bouchard personally, said he felt “dismay and even anger,” at the nature of the attacks on him. “He is a completely honorable person,” he said. “There’s not a trace of corruption in his activities.”
Dear Friends,
What a joke?! No court system from Moscow to Madagascar lacks more transparency than Delaware’s archaic and feudal Chancery Court.
While Joe Biden’s supporters accuse the U.S. Supreme Court of a “lack of transparency,” how about taking a look at our poorly-run and without-an-ounce of transparency Chancery Court. Our once-proud, yet now decimated Delaware equity court is far behind modern times. We have the “forced-to-resign in disgrace” former Chancellor Andre Bouchard to blame and things appear to be turning it around.
Would love to hear your feedback on this, folks. Please keep your notes coming!
Respectfully Yours,
Judson Bennett-Coastal NetworkAnalysis: Biden’s Supreme Court losses prompt more ‘shadow docket’ scrutiny
By Lawrence Hurley
WASHINGTON (Reuters) – President Joe Biden’s administration was dealt a double blow by the conservative-majority Supreme Court this week, raising new questions about how the justices handle cases brought via an emergency process known as the “shadow docket.”
The court in recent years has increasingly made substantive decisions on major issues via the shadow docket, deciding quickly and sometimes late at night in a process that critics from across the ideological spectrum say lacks transparency.
The administration of Biden’s Republican predecessor, President Donald Trump, did very well with the process, winning a wide majority of the cases it brought via emergency applications. Some experts attributed that to a court that has traditionally been deferential to the White House.
This week’s decisions have raised questions as to whether a Democratic president receives the same friendly reception from a court with a 6-3 conservative majority.
“What we are seeing are the consequences of a deeply conservative court, with the added travesties of the shadow docket,” said Elizabeth Wydra, president of the Constitutional Accountability Center, a liberal nonprofit based in Washington.
The court in a decision (https://www.reuters.com/world/us/us-supreme-court-ends-federal-residential-eviction-moratorium-2021-08-27) on Thursday night ended the pandemic-related federal moratorium on residential evictions imposed by Biden’s administration.
That came two days after a Tuesday evening decision denying Biden’s bid to rescind an immigration policy implemented by Trump that forced thousands of asylum seekers to stay in Mexico awaiting U.S. hearings.
That decision (https://www.reuters.com/world/us/us-supreme-court-requires-biden-revive-trump-era-remain-mexico-immigration-2021-08-24) requires the government to revive Trump’s “remain in Mexico” policy, formally known as the Migrant Protection Protocols (MPP) program.
In both cases the three liberals on the court dissented.
Trump won 28 of the 41 cases his administration brought via the shadow docket, which his administration turned to at a much higher rate than those of both Republican President George Bush and Democratic President Barack Obama.
The “remain in Mexico” request was the first request made by Biden, who faces a court with which he is ideologically out of sync.
BREYER RAISES QUESTIONS
In the evictions case, liberal Justice Stephen Breyer referenced some of the shadow docket criticism in his dissenting opinion.
“These questions call for considered decision-making informed by full briefing and argument. Their answers impact the health of millions,” he wrote.
The majority appeared to respond to Breyer in the unsigned ruling, saying the case had been “thoroughly briefed” and that the court had undertaken a “careful review” of the relevant court papers.
Steve Vladeck, a professor at the University of Texas at Austin School of Law who is a critic of how the court has handled shadow docket cases, noted that the court did explain its evictions decision in an eight-page opinion. By contrast, the immigration case was resolved in a two-paragraph order.
The eviction decision “responded to at least some of the concerns,” Vladeck said. But, he added, “I still think decisions with implications as wide-ranging as the eviction moratorium would benefit from plenary review,” meaning that the court would hear oral arguments and have more time to consider the case.
But Jonathan Adler, a professor at Case Western Reserve University School of Law in Ohio, said he believed the court handled both cases appropriately based on court precedent. In the evictions case, he added, the administration knew the court would likely find the moratorium was unlawful based on the justices’ June decision https://www.reuters.com/world/us/us-supreme-court-maintains-cdcs-pandemic-related-residential-eviction-ban-2021-06-29 that grudgingly allowed a previous version to remain in place.
“The CDC was on notice that the court would be very skeptical of a renewed moratorium, and made little effort to insulate the new order,” Adler said.
Last month, a Reuters analysis of emergency applications over the previous 12 months showed how certain litigants – most notably the Trump administration and religious entities – fared better than others.
(Reporting by Lawrence Hurley; Editing by Scott Malone and Jonathan Oatis)OPINION
Dear Friends,
Without a doubt in my opinion, Joe Biden is the worst President in United States history. Trump is gone –every decision and order as Commander in Chief is Biden’s responsibility. Setting aside the following facts which cannot be debated: Biden lied about everything he has ever done, grades, degrees, and accomplishments. He cheated in law school and plagiarized papers and speeches.
Then the Biden family went to work, influencing, peddling, Ukraine, China, Russia, Romania—through son Hunter for millions of dollars. Evidence is and was overwhelming with testimony from crack-head Hunter’s former business partner who clearly identified Joe Biden as being totally involved and spoke about a secret meeting he had with him. Then of course the famous laptop which is in FBI possession. Why has the Delaware U.S. Attorney not prosecuted them both? More cover-up. Then the closing of the Keystone Pipeline which cost thousands of good-paying jobs. Then the disaster at the Southern border where Biden is allowing thousands of illegals to come into our country creating a dangerous, national security situation and the production of criminal activity. Many of these things are impeachable offenses and many of them are a definite indication of Biden’s pure evil and incompetency-intentional and irrational. Biden has no business being President of the United States.
Now let us look to Afghanistan where Biden has created the greatest military crisis and disaster in United States history. Everybody agrees that America has to eventually get out of Afghanistan, but you do not turn it over to the Taliban. Biden has abandoned thousands of Americans and Afghan allies to possible death and torture, especially Afghan women who will be brutalized. He abandoned $82 billion of U.S. military hardware including helicopters, armored vehicles, night goggles, drones, M-16 assault weapons, and much more, making the Taliban the most powerful terrorist group in the world.
It is a fiasco determined and acted upon intentionally, regardless of severe warnings from the CIA, betraying every American veteran, active-duty soldier, and all our allies. Folks Biden is a traitor. His incompetency has no bounds and he must be removed from office. God help us and deliver us from this grotesque malevolence called Joe Biden-President of the United States of America! I will say it again — No doubt he is the worst President in U.S. history.
Disrespectfully Submitted,
JUDSON Bennett–Coastal NetworkOPINION
Folks, I’m excited to share with you that finally — after eight long years of putting a clear spotlight on Chancery Court corruption — a publication not beholden to the Delaware Chancery Court has taken on and is exposing what I’ve been talking about for years. Allow me to take a victory lap as you read the Politico story by White House Coorespondent, Christopher Cadalago.
Finally, another journalist cares about this awful situation in America’s First State. I’ve been writing about this since 2013 and now a journalist who is not part of the media establishment has taken an objective look at this and clearly sees exactly how incestuous and downright corrupt and in need of reform the Delaware Chancery Court is.
“In my opinion, it is the greatest legal sham that operated under the veil of legality that there ever was in United States history,” I’m proudly quoted in the article regarding the TransPerfect case.
Please read, folks, and share your feedback. I would love to hear from you!
Inside Al Sharpton’s wild campaign to draft Biden into Delaware’s most tortured court drama
The MSNBC host wants to get the president to help reshape his state’s Chancery court. And he’s working with an aggrieved business group to do it.
By CHRISTOPHER CADELAGO
08/22/2021 07:00 AM EDT
President Joe Biden had just wrapped a recent speech when Reverend Al Sharpton’s brooding mug appeared on MSNBC.
Sharpton, a longtime host and presence on the liberal cable TV network, wasn’t punditizing about national affairs. Instead, he was starring in an ad campaign whose focus was far more parochial: a powerful, yet obscure court in Delaware that is at the center of one of the most acrimonious and lurid legal standoffs to ever occur in the president’s home state.
The case involves jilted lovers, the separation of a nearly $1 billion company, cameos from the likes of Alan Dershowitz and Rudy Giuliani and, if Sharpton has his way, an intervention from Delaware’s favorite son. And should the bending of Biden’s ear prove successful, it would resemble one of the most audacious quasi-lobbying efforts in recent memory.
“We’ve been fighting for years in the streets, in our communities, to put Black people on Delaware’s courts,” Sharpton says in the ad, as the faces of the all-white Delaware Court of Chancery appear on screen. “When I talked to President Biden, he told me he would put court diversity front and center on the national stage, and he has. But in Biden’s home state of Delaware, leaders talk about diversity while nothing actually changes.”
The Sharpton-narrated TV ad is ostensibly about the Chancery court’s lack of diversity. That is Sharpton’s sole focus in the spot, anyway. But the group paying to air the ad, Citizens for a Pro-Business Delaware, was formed by distressed employees of the massive translation services company TransPerfect, which years ago was forced into a sale by Chancellor Andre Bouchard, who recently retired from the court.
Sharpton, in an interview with POLITICO, stressed he was not paid to shoot the ad specifically. But he acknowledged receiving speaking fees from the Citizens group when he traveled to Delaware. Sharpton’s appearances are raising eyebrows among detractors of the group, who contend the reverend is trading on his well-earned civil rights clout to help privileged, white C-suiters exercise their grudge against the court. His involvement is puzzling observers in Delaware, who note the commercial issues that are the Chancery court’s primary focus rarely touch on diversity.
“I’ve had a hard time hearing this message from quarters I believe are doing it simply out of personal pique — and vengefully, at that — as opposed to out of a genuine concern for addressing the [diversity] problems that are real,” said Larry Hamermesh, a former professor of corporate and business law at Widener University’s Delaware campus.
“We’ve been fighting for years in the streets, in our communities, to put Black people on Delaware’s courts,” Sharpton says in the ad, as the faces of the all-white Delaware Court of Chancery appear on screen. “When I talked to President Biden, he told me he would put court diversity front and center on the national stage, and he has. But in Biden’s home state of Delaware, leaders talk about diversity while nothing actually changes.”
The Sharpton-narrated TV ad is ostensibly about the Chancery court’s lack of diversity. That is Sharpton’s sole focus in the spot, anyway. But the group paying to air the ad, Citizens for a Pro-Business Delaware, was formed by distressed employees of the massive translation services company TransPerfect, which years ago was forced into a sale by Chancellor Andre Bouchard, who recently retired from the court.
Sharpton, in an interview with POLITICO, stressed he was not paid to shoot the ad specifically. But he acknowledged receiving speaking fees from the Citizens group when he traveled to Delaware. Sharpton’s appearances are raising eyebrows among detractors of the group, who contend the reverend is trading on his well-earned civil rights clout to help privileged, white C-suiters exercise their grudge against the court. His involvement is puzzling observers in Delaware, who note the commercial issues that are the Chancery court’s primary focus rarely touch on diversity.
“I’ve had a hard time hearing this message from quarters I believe are doing it simply out of personal pique — and vengefully, at that — as opposed to out of a genuine concern for addressing the [diversity] problems that are real,” said Larry Hamermesh, a former professor of corporate and business law at Widener University’s Delaware campus.
And in the interview, Sharpton said he plans to address with Biden his problems with the Chancery court the next time the two meet.
“I’d say, ‘You’re doing real good work nationally’” on bringing diversity to federal courts and prosecutorial offices, Sharpton said, “‘but in your home state, you have an all-white Chancery, and the governor and leaders in the state won’t even meet with us. And I need you to give this some voice.’”
Delaware’s leaders see no reason for Sharpton to beckon their most famous neighbor to intervene. They say they are already at work on the issue of court diversity and have been for some time. Attorneys close to Bouchard and defenders of the Chancery court, which holds sway over mergers, acquisitions, guardianships and sales of corporations, insist that Citizens for a Pro-Business Delaware’s pressure campaign is little more than astroturf activism fronted by out-of-state players such as Sharpton as part of a broader plot to exact revenge on behalf of TransPerfect brass and Phil Shawe, the company’s co-founder, president and chief executive.
They argue that Citizens’ attacks against Bouchard have been below the belt. The group has put up billboards to shadow him at out-of-state conferences, sent out critical mailers, run newspaper ads and used images that were lifted from social media postings of his family from the night his daughter was married. According to two sources with knowledge of their efforts, they even deployed trackers to follow Bouchard around in public.
Juda Engelmayer, a spokesman for Shawe, said he didn’t pay to follow the judge. “Phil has not tracked anyone, investigated anyone or had anyone do that on his behalf,” he said.
Chris Coffey, a New York-based political strategist who manages the Citizens for a Pro-Business Delaware campaign, also denied hiring trackers, but said the group did bracket Bouchard with mobile billboards that circled his courthouse, Wilmington Country Club and other places he frequented. Coffey said he received a first-hand report about Bouchard’s activities, after an associate of Coffey’s paid a caddie who claimed they’d seen the then-chancellor golfing with an attorney opposing Shawe in the case.
Hamermesh, who knows Bouchard personally, said he felt “dismay and even anger,” at the nature of the attacks on him. “He is a completely honorable person,” he said. “There’s not a trace of corruption in his activities.”
The Chancery court’s members are appointed by the governor in a process that also involves a nominating committee. Bouchard, in his capacity as former head of the non-jury court, appointed three so-called “Masters in Chancery,” and each was a woman.
For Citizens and its allies, Bouchard’s opinions against TransPerfect amounted to a form of judicial tyranny, threatening their livelihoods. The rulings were seen as so egregious, detractors of the ex-chancellor say, that they should serve as a flashing warning sign to other companies in Delaware about the state’s corporate climate. The Chancery court is viewed as instrumental in sustaining the reputation that contributes to roughly a quarter of Delaware’s general fund budget, and even more indirectly, state officials said.
“We do like Delaware, believe it or not. We’ve spent time in Delaware; a lot of members are in Delaware. And we believe the best thing for Delaware is to be more transparent and to have more diversity,” Coffey said.
The group, which does not formally disclose leadership on its website, is still trying to engage state leaders. But Coffey said patience is running thin and nothing short of outright threats are being mulled. Citizens has privately discussed spending millions more on national ad campaigns aimed at convincing general counsels of major corporations, tech startups and other companies that incorporate in Delaware to pack up or direct their business elsewhere.
“If we continue to be met with stonewalling and accusations and a lack of desire to actually substantively address some of the issues that we’ve laid out, we absolutely will,” Coffey said. “What they’re doing is totally fucked.”
* * * * *
TransPerfect Translations International, Inc. was founded in a New York University dorm room by Shawe and his then-girlfriend, Liz Elting. Their goal, leveraging freelancers, technology and rapidly improving digital translation tools, was to appeal to companies that were forced to hire translators to run their business. TransPerfect took off like a rocket, capturing hundreds of millions of dollars in revenue and growing to thousands of employees in offices around the world.
Shawe and Elting, effectively operating as co-chief executives, each owned 50 percent of the company, though 1 percent would eventually go to Shawe’s mother, Shirley. The couple got engaged, but it didn’t last. They tried to keep their business partnership going years after their personal relationship devolved into a toxic stew of jealousies, backstabbing and accusations of assault and battery, according to published reports and court records.
In 2014, Elting filed an action that sought, among other things, the appointment of a custodian to sell the company under Delaware law because stockholder and board-level deadlocks between her and Shawe threatened TransPerfect with “irreparable injury.” For Elting, the Delaware court was an attractive venue given that it could order an auction sale.
The following year, Bouchard appointed Robert Pincus — then a corporate partner at the mega-firm Skadden, Arps, Slate, Meagher & Flom — as custodian for the case. Pincus’ job was to serve as a mediator. In the fall of 2015, Bouchard ruled that the co-founders were incapable of running TransPerfect, siding with Elting and appointing Pincus to oversee the company’s sale.
In the meantime, the Chancery court ruled against Shawe in related matters, including a July 2016 opinion that found he had remotely accessed Elting’s computer and gained access to approximately 19,000 of her emails, including “privileged communications with her counsel.” Shawe deleted some 19,000 files from his laptop the day before discovery, the court found, and repeatedly lied under oath.
The entire ordeal cost Shawe hundreds of millions of dollars, including a portion of Elting’s legal fees. Shawe and his mother, Shirley, responded with what Bouchard would describe in court papers as “a barrage of lawsuits” against Elting’s lawyers, financial advisor and husband, as well as Pincus and the Delaware secretary of state. They lost all of them, appeals were denied, and the Delaware Supreme Court affirmed Bouchard’s sale order.
But Shawe prevailed some along the way, beating back efforts to impose a non-compete clause on him and defeating an aggressive motion that sought to prevent him from even bidding on his own company. And he won in the ultimate sense — keeping the company despite the many court losses and payments he viewed as unfairly high. Shawe bought out Elting for $385 million, subject to adjustments, according to court records.
In 2018, he moved TransPerfect’s corporate domicile from Delaware to Nevada.
Along the way, current and former employees of TransPerfect were organizing. In April 2016, they launched Citizens. Twenty-four senior executives from the company quit in protest of the Chancery court’s decision, and almost all of them joined Citizens as members, Coffey said. Miranda Wessinger, a former company official in Atlanta, became president of the group. Timothy Holland, a TransPerfect employee, who had unsuccessfully sued Bouchard and Pincus in the Southern District of New York, was listed as the incorporator.
“It’s not like a normal company. It’s like a family — or cult,” Coffey said.
The group launched ad campaigns taking aim at Bouchard and the legal fees derived from the sale of TransPerfect, including those paid to Pincus. They hired lobbyists and got directly involved in Delaware legislative business, attending meetings on legislation related to general corporation law in the state. Still, their efforts to pass legislation never materialized.
Coffey said Citizens has 5,800 members and draws contributions from current and former TransPerfect employees. He said about half of the membership is now from the Delaware community, owed to their organizing. “Phil has never donated to the group,” Coffey said.
Engelmayer, Shawe’s spokesman, stressed he’s never had any involvement in Citizens. And Shawe, in a letter to the Chancery court, tried to distance himself from Citizens, saying it operated independently of TransPerfect’s founder. But the group was funded with money from his mother and fellow shareholder. As for the idea of whether it’s a grassroots operation, on one of its lobbying registrations, its address was listed as the same Park Avenue location as Tusk Strategies, where Coffey leads the firm’s operations. And last year, a Citizens-aligned PAC called Citizens for Transparency and Inclusion targeted Democratic Delaware Gov. John Carney with upward of $1 million in ads over the courts, among other issues. Delaware filings show the money came from Kevin Obarski, TransPerfect’s chief revenue officer and a top Shawe lieutenant, who listed two addresses in San Juan, Puerto Rico, after making cameos of his own in the legal drama.
A private email from Obarski to Shawe in 2013 appeared as evidence in the case and seemed to demonstrate their closeness. In it, Obarski chided his boss for “acting like a child” and ruining the reputation he’d built over decades. In a footnote, however, Bouchard wrote that once it came time to testify, Obarski’s candor had faded, and the ex-chancellor didn’t find him credible. “Obarski’s testimony was rehearsed, belligerent, and calculated to serve as a cheerleader for Shawe rather than to provide straight answers,” Bouchard wrote.
There was big upside for Shawe to have the Citizens group agitating on his issues. For much of the time, the case was under seal and Shawe was legally prevented from raising his voice about the details publicly. Citizens had no such restrictions.
Citizens and Shirley Shawe made a decision sometime in 2019 to take their campaign national. In October of that year, Dershowitz joined TransPerfect’s legal team after it sued Pincus in Nevada, accusing him of “shady” billing. Around that same time, Sharpton looks to have gotten involved in the case.
In October 2019, he penned an op-ed in the Dover Post calling for diversity on the Delaware courts. Included in his piece was a conspicuous line: “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.”
Sharpton told POLITICO he’s never spoken to Phil Shawe and deals directly with Coffey, having worked with Tusk Strategies on other issues before. Sharpton said he first became interested in the Chancery court when he was introduced to the problem by local ministers, after previously saying the matter was brought to his attention by a business associate not connected to TransPerfect or the Citizens group.
Sharpton wrote a letter to Skadden Arps calling them out for their lack of diversity. In the letter, he homed in on the firm’s Willmington office and named Bouchard. In February 2020, Sharpton spoke at Citizens for Pro-Business Delaware’s Black History Month event. In April 2020, he went after Skadden Arps again. In June 2020, Sharpton announced that he was denied a chance to speak to the Delaware state Senate about judicial diversity. In October of 2020, he wrote an op-ed for USA Today in which he again called out Delaware for the absence of people of color on the Chancery and other courts as part of a broader indictment of the lack of diversity in the nation’s legal system.
Sharpton does not appear to have mentioned the TransPerfect case while on air on MSNBC. But neither there nor in the USA Today piece did he disclose that he’s been paid by a group that has engaged in lobbying on court-related matters, or that part of his outreach to Biden on judicial diversity overlapped with his work for the group. A representative for MSNBC had no comment on the matter. But a person familiar with the network and Sharpton’s role there, said he was not paid for the TV ad and contends that his involvement is in line with his capacity at his National Action Network, which has worked on advancing civil rights for going on three decades.
A White House official would not comment on Sharpton’s outreach. Instead, they sought to draw attention to Biden’s own commitment to advancing diversity, saying the president is “deeply proud” of historic firsts in his Cabinet, as well as his other executive branch nominations and judicial nominations; along with his racial equity executive order.
“He believes in leading by example and looks forward to continuing to do so,” the official said.
TransPerfect and its supporters see the entire ordeal — the rulings, the appeals, the countersuits, and so on — as one big sanctioned hosing. They claim the Chancery court has an appetite for generating litigation business in Delaware and that the former chancellor ignored or downplayed testimony and scores of sworn affidavits from Shawe’s side on the health of TransPerfect. Company allies draw a web of local connections between the judges on the Chancery court and the lawyers at Skadden Arps that they believe became a driving force behind the forced breakup of the company. They claim Elting’s lawyer, Kevin Shannon, is a close associate of Bouchard’s, pointing to the alleged golf outing between the two and citing them appearing on a panel together.
“I’m not going to allege that there was any kind of collusion, but the one way that you can eliminate any appearance of collusion” is by assigning cases to the chancellor or vice chancellors at random, Coffey said, referencing one of the group’s reform proposals. “Then at least we would feel better about how they were picked.”
Shannon told POLITICO he hasn’t golfed with Bouchard. Bouchard declined to comment.
A Tulane University Law School panel, in 2015 at The Roosevelt New Orleans, formerly known as the Roosevelt Waldorf-Astoria Hotel, on which Bouchard appeared and Shannon was listed as the moderator, also included Gregory Williams, an attorney who worked for Shawe as the lead Delaware trial counsel, and another lawyer whose partner represented Shirley Shawe.
The case has roiled Delaware’s small legal community, where insiders relay shock at the targeting of a single judge and outsiders express dismay at his rulings. Giuliani offered his own commentary on the matter in 2016, calling the forced sale of the company an “extremely irrational and unfair decision.” Another one of those outsiders, Judson Bennett, a retired Delaware River Pilot from Lewes, has written obsessively about TransPerfect on his Coastal Network website.
For Shawe and his allies, Bennett became a go-to source in a town where they complained about encountering resistance from legacy news operations who they suspected feared having their court access revoked if they dug into the case and its players too much. Bennett, an outspoken conservative, said he relished making trouble among the buttoned-up legal set, and is sure the ex-chancellor and his court will remain a target.
“What they did to this guy [Phil Shawe] was just outrageous,” said Bennett, who relocated to Palm Beach, Fla., where he said he’s been friendly with Shirley Shawe and frequents a pharmacy run by Phil Shawe’s brother, passing him a copy of one of his articles on the case. “It was like a Kangaroo Court. And I watched it all happen.”
“In my opinion, it is the greatest legal sham that operated under the veil of legality that there ever was in United States history.”
* * * * *
Citizens for a Pro-Business Delaware organizers describe their motives as pure and cite their plans to push the cause of judicial diversity in perpetuity — even after Bouchard retired in late April, having served seven years of his dozen-year term, an occasion they boasted about and celebrated with a demonstration featuring a 12-foot inflatable rat.
Now, they are leaning in again on Carney — who two years ago elevated Vice Chancellor Tamika Montgomery-Reeves to associate justice on the Delaware Supreme Court — to appoint more people of color to the bench. But Citizens’ demands go further. They want diversity programs to increase the recruitment and hiring of Black and brown police officers, and for Delaware’s police officers to wear and have turned-on body cameras during their shifts.
The group has called for structural court changes inspired by the TransPerfect case, such as creating an independent Office of Inspector General with a degree of jurisdiction over the Chancery, requiring financial disclosure by judges, installing cameras in the court and allowing outside groups to audit the court’s actions and deliberations. Citizens also wants to institute “wheel spin” to prevent chancellors from selecting their own cases.
Judges and court-watchers say proposed changes to weaken the court’s power are ill-advised, while other ideas such as wheel spin aren’t feasible because they would take away needed flexibility from a Chancery court that must leap to action quickly. “You hear stories about judges holding hearings on Saturdays, or in a very short period of time on complicated issues, issuing detailed, long opinions,” said Kathy Miller, president of the Delaware State Bar Association.
Carney this year nominated the first female head of the Chancery court, Kathaleen McCormick, to replace Bouchard. Most of the Court of Common Pleas judges are now women, Miller noted, including two recently appointed women of color.
“We need to do more and we are working on that,” she said, adding, “and it is not a result of these ads or the quote-unquote pro-business group.”
The Delaware State Bar Association, meanwhile, is standing solidly by the Chancery. In late 2019, its members held a news conference and wrote a letter saying Citizens’ goal is not to improve the judicial system, but to unfairly malign the court and wage a personal vendetta against Bouchard.
But the drama has resonance beyond Delaware, illustrating the degree to which interest groups can take even the most provincial issue and — with enough money and influence — elevate it to a national cable TV buy, and ultimately to a presidential matter.
The first sign of that came during the 2020 presidential campaign when Shirley Shawe spent hundreds of thousands of dollars on an ad before the Iowa caucus trying to tie Biden to the Chancery court and calling it “too male, too white and anything but open,” and featuring images of Bouchard.
The spot was quickly forgotten, and Shirley Shawe has been inactive in the effort since then, her representative said, turning her attention to partisan politics such as making contributions to help reelect Rep. Matt Gaetz and Donald Trump.
But as has been the case since its launch, Citizens for a Pro-Business Delaware is keeping at it. Its latest ad, featuring Sharpton, has so far cost more than $520,000 and has been accompanied by an $80,000 digital media campaign. The group is planning to spend more.
Phil Shawe’s spokesman confirmed the CEO has not spoken with Sharpton. But he’s been pleased to see him taking on a court that caused the company so much strife.
“While their issues aren’t exactly the same, TransPerfect has been a very diverse company,” Engelmayer said. “So when Sharpton is railing against the lack of diversity in Delaware courts, Phil is happy to see it.”
Sharpton in the past has downplayed the notion that Citizens’ expenditures may be driven by something other than a desire for diversity on the bench, saying that if someone has a suspicious motive for raising an issue, “it still doesn’t make the wrong, right.”
Asked recently about the convoluted TransPerfect case, Sharpton acknowledged having a cursory understanding of its twists and turns.
“I did some preliminary reading, I believe last year. I’m familiar with it,” he said. “From what I read and what I understood, it seemed to me to be blatantly unfair.”OPINION
Dear Friends,
How exciting for the Coastal Network. It is such a pleasure to have a new and exciting conservative outfit, interested in the truth, called Blabber Buzz, that has joined me in exposing corruption in Delaware. This company reaches millions, and they have taken up the mantle along with others. Folks, what happened in the Chancery Court in regard to TransPerfect and its owner Philip Shawe, was in my view, nothing more than grotesque misuse of an established legal system to feather personal nests rather than serve justice.
Simply put, all the Delaware Codes, clearly written in all the Delaware law books, throughout its entire legal system, read as such: “The appearance of an impropriety must be avoided at all costs, as the appearance of an impropriety is as bad as the impropriety itself.” These are words that former Chancellor Andre Bouchard apparently did not understand, especially in the TransPerfect case that is still ongoing with concerns of continued corruption and excessive billings being rubber-stamped in Kathaleen McCormick’s court?
The word is out folks, the people are wondering, and other news agencies are picking up on the corrupt “Delaware Way.” Please read the interesting article below that recaps much of what I have been reporting on for a few years now. Thank you, Blabber Buzz!
As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
BlabberBuzz has been diving into America’s so called, First State – the home of Democratic President, Joe Biden and a hotbed of questionable practices that lead many to think of the word corrupt – or Swamp.
Last month, BlabberBuzz brought you the story of TransPerfect and their fight against the Delaware Chancery Court, a State entity that oversees corporate disputes. Today, we follow up with the facts about two of the key players who seemingly colluded to bilk millions of dollars from a viable company, the judge who ordered a thriving company broken up, and his hand- picked ‘custodian’.
As you recall from the TransPerfect story, the company was in the midst of an internal dispute amongst its partners when a New York based arbitrator sent the case to the Delaware Chancery Court. The company was in good standing, making solid profits, paying their taxes and growing, and yet the questionable decision to mediate this in a Court was made nonetheless.
The judge who presided over the decision to literally sell the company was named Andre Bouchard, and he has been the subject of much criticism and accusations of cronyism and corruption several times. In fact, as recently as April a Federal Judge ruled Bouchard was guilty of enabling a law firm he was once employed with to steal $44 Million in ‘fees’ from TransPerfect during the sale.
But Bouchard’s questionable actions do not begin to tell his story.
Andre Bouchard was the Chancellor of the Delaware Court who was frequently accused of corruption. Bouchard repeatedly undermined the privilege of the Court through backdoor deals and rubbing elbows with politicians rather than focusing on benefiting local corporations.
In one of the more widely known cases from earlier this decade, shareholders were suing Walmart over wrongdoing in their Mexico operation and had been turned away by an Arkansas court. A second group of shareholders took the case to the Chancery where Bouchard presided and upheld the Arkansas dismissal citing the Arkansas case as precedent – even though it was not the same plaintiffs and the accusations were slightly different.
Basically, Andre Bouchard said that the earlier dismissal by an Arkansas judge of a ‘nearly identical’ lawsuit by another group of shareholders precluded the Delaware case from going forward. The fact is, the word nearly means the suits were not identical in a legal standard and the Judge simply made the case go away.
Walmart is based in Arkansas and it is often alleged that the state infrastructure widely supports the mass employer of state workers.
The dismissal was a shock, and hurt major state pension plans in California and New York and was rumored to have been a judgement based on cronyism rather than law. In fact, in 2017 the Delaware Supreme Court gave at least a temporary reprieve to the shareholder suit that was accusing Walmart board members of breaching their duties in response to allegations of bribery by corporate executives in Mexico. Essentially, a higher court ruled that the case should not be dismissed so readily and sent the case back to the Chancery.
Bouchard, for his part even tried to recommend a new rule that seemingly would have backed up his earlier, easy and swift dismissal of the Walmart case, but again a higher court rejected his recommendations.
We can literally write a book about the life and times of Chancellor Andre Bouchard and his rulings that have been deemed questionable – the fact remains he was a central figure who was in a position to personally benefit from the rulings he made, especially in the TransPerfect case. Bouchard ordered the company sold and appointed an attorney from a firm Bouchard worked for before his time on the Chancery court, and allowed them to systematically bill the company $44 million dollars for the privilege of being sold against their will.
Did Bouchard profit from the deal? A key shareholder and mother of the owner and CEO seems to think so – and she is not alone. In fact, this entire ordeal ties into Joe Biden as well.
Shirley Shawe took out a campaign ad during the 2020 presidential election tying now President Biden to the corruption of the Chancery court in his home state. In an interview with the DailyMail.com, Ms. Shawe said “‘I was a personal victim of ageism, sexism, and corruption at the hands of Delaware Chancellor Andre Bouchard over the last five years; my constitutional rights were trampled and my private property was seized by a Delaware government body and put up for auction-and part of the justification for this was my age.’
The ad Ms. Shawe sponsored showed a 2005 exchange between then Senator Biden and Harvard Professor turned progressive leader and Senator Elizabeth Warren as they discussed bankruptcy reform.
In the ad, Biden speaks on how the Chancery Court are open and calls it ‘outrageous’ to suggest otherwise. – A narration alleges that ‘the Delaware court is too male, too white and anything but open.’ The clip then shows Warren ‘responding’ and seemingly pointing out how the Chancery Court impacts Delaware workers.
Shawe created the ad so she could ‘raise public awareness to the serious issues plaguing America’s most powerful business court’ – Delaware is the corporate registered home to many of America’s largest businesses due to their favorable tax laws. The Chancery court oversees disputes regarding these companies and has often been seen as an ‘old boys club’ where back scratching and quid-pro-quo’s are often alleged.
Shawe’s grudge seems to stem from a costly legal battle that her son’s translation company, TransPerfect, fought in Delaware’s chancery court in 2015. In a landmark case that has been questioned by legal scholars, Chancellor Andre Bouchard who was the head of the Chancery, ordered the dissolution of the company even though it was not in financial distress, but because its co-owners ‘could not get along’.
The decision to sell TransPerfect came Bouchard concluded the warring CEO’s Philip Shawe and Elizabeth Elting were ‘hopelessly deadlocked’ over significant matters and business decisions. What the ruling did not mention is that the company had run and grown for nearly two decades since the initial feud began – and was being exceptionally managed.
Mr. Shawe’s mother Shirley owned one percent of the company at the time of the forced sale, which resulted in her son Philip Shawe gaining ownership by bidding in the public auction – essentially buying his own company and spending close to half a billion dollars to do so – which included a $44 million dollar bill that the law firm of the Bouchard appointed custodian that had no itemized items nor descriptions for what the money was for.
Bouchard resigned from the court earlier this year amidst much scrutiny. Whether his involvement in corruption will ever be brought to a formal investigation remains to be seen. What is known is that during his time on the Biden-supported Chancery Court, many questions about his rulings have been raised – and much of his work scrutinized and rejected by higher courts.
We might never really know just how deep the rabbit hole runs with this, but what we do know is the obscene pilfering of a good American run and led company happened not only on his watch, but at his direction. And that decision to force the sale of TransPerfect not only affected the owners and shareholders, but over 5,000 employees as well.
In our next installment, we will look deeper into Biden’s connection to corruption in his state. And tell the tale of how a no named Joe Biden mysteriously got elected in 1972 to the Senate, taking down a well-liked, high polling incumbent who was all but assured victory.
OPINIONDear Friends,There is so much to write about, concerning the absolute incompetence of Joe Biden and the real and extensive threat to our freedom and prosperity, that I could write several paragraphs on many different topics. The catastrophe at the Southern Border is beyond reason. 212,650 illegals from 55 different nations crossed our border in the month of July alone. According to the documented data, 20% of the crossings have Covid and are being released into our country. Additionally, many of these unvetted people are criminals and terrorists. It is also calculated that over 40,000 illegals were not arrested and are now in the interior of our country.Ironically, Biden approves of this outrageous operation, which is helping to spread the dreaded Covid Delta Variant like wildfire. Yet, he wants to mandate that we wear masks and also force our children to wear masks in school. This will not be happening in the free state of Florida, and our businesses will continue to prosper. Our fabulous, magnificent, and equitable Governor Ron DeSantis, who is beyond right and fair in his entire Florida operation, has been grotesquely maligned by Biden who is a veritable idiot. The hype about the increase of people who have Covid in Florida is blatantly false and the numbers were skewed by 30% by the CDC and Dr. Anthony Fauci, then pushed and hyped by Joe Biden.Folks, instead of the intentionally exaggerated 28,000 sick people Biden has maligned Governor DeSantis about, the real number is roughly 19,570 cases. 85% of them are unvaccinated people who are recovering. There are very few deaths in Florida and ultimately Florida will prevail under DeSantis’ leadership. This is a malicious, political attack to discredit Florida’s Governor, because DeSantis is considered a realistic and viable candidate for President and no Democrat will stand a chance against him. I live here now folks. I know what is happening.Inflation has jumped 7.5% and the American people are hurting. You can’t spend millions of dollars on wasteful spending. Paying people not to work, screwing landlords by protecting deadbeat tenants from eviction, creating dangerous crime by defunding the police, and not expecting the economy to eventually tank. Socialism does not work. It is a foolish endeavor to allow dictatorial, authoritarian despots to control lives completely while they prosper in their power at your expense. What is really frightening folks, as of today, the documented data indicates that 58% of registered Democrats are in favor of Socialism, which will rapidly morph into Communism where you will quickly lose your 1st, 2nd, 4th, and 5th Amendment rights.Donald Trump is no longer President. This is Biden’s operation. Nothing is good about his platform. It is so bad, that every intellectual and patriotic American I know is terribly concerned. In November of 2022, this grotesque degradation of America must end. We will take back the House and Senate and stop in its tracks this nefarious attempt to subjugate and control our lives by the most corrupt and hypocritical President in United States history. It is going to happen and I intend to help make it happen.Stay tuned folks, I am going to expose Joe Biden for the empty suit he really is. I have been researching him for years and I know the full extent of his heinous corruption. The man, in my view, is incompetent and as I see it, the worst presdient in U.S. history.As always your feedback is welcome and appreciated.Yours truly,Judson Bennett-Coastal NetworkOPINION
Dear Friends,
Folks, indeed I truly hoped I could report that Delaware’s new Chancellor, Kathaleen McCormick, was a breath of fresh air with objective reasoning and a willingness to present much needed equity in Delaware’s once revered Court of Chancery. Her recent decision in the TransPerfect case was outrageous. Despite an established and serious conflict of interest with one of TransPerfect’s competitors – for which she should have recused herself – I sincerely gave McCormick the benefit of the doubt. The optimism was refreshing. A new Chancery Court with Delaware’s first female at the helm was paramount and many of us were hopeful.
Unfortunately, that is not the case and McCormick has arrogantly and simply followed the insidious and disgraceful lead of the former Chancellor, Andre Bouchard who ran for the hills years before his term was up after the Coastal Network exposed his entire operation. Folks, McCormick’s recent decision was indeed suspect and she has shown her apparent real character. Delaware’s Chancery Court still holds the justified, negative label, “The Court of Inequity,” and Kathaleen McCormick is its Queen.
The corruption, also known as the “Delaware Way”, continues with a few elite lawyers, from both sides of the aisle, in my opinion, working the Chancery Court system, while they charge millions of dollars in legal fees. The TransPerfect case was an example of a single judge, Andre Bouchard, who in my opinion, seemingly greased the pocket books of his former business associates and friends, allowing ridiculous legal fees and instilling unprecedented and absurd sanctions upon TransPerfect, instead of providing a reasonable and fair decision. Millions went through Bouchard’s court at the expense of the world’s number one translation company and their dedicated employees.
The irony of the situation is that Delaware incorporates the majority of Fortune 500 companies, yet it is grotesquely, business unfriendly.
Here is a brief recap of what happened: Former business partner of Chancellor Bouchard, Robert Pincus, when appointed as the custodian of TransPerfect, charged millions, ordered by Bouchard during the notorious sale and fight over possession of TransPerfect.
The billing and taking was done without itemization or legitimate explanation. Bouchard upheld and ordered payments to Skadden to the detriment of TransPerfect. After Bouchard disgracefully stepped down, McCormick took over as Chancellor and has – after hearing legitimate evidence of the despicable fleecing of TransPerfect – ruled that the pillaging of TransPerfect continue. It is my belief, after years of investigation, and studying incriminating evidence, McCormick has shown her true colors.
TransPerfect and its lawyers are appealing McCormick’s decision to the Delaware Supreme Court and are hopeful with Chief Justice Leo Strine gone, there is a possibility of actual justice and equity. Will Delaware continue to operate under a cloud or will the Delaware Supreme Court allow some much needed light to shine in?! Let us hope.
As always, your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
As many of you recognize already, extremely disconcerting things are happening in our once proud and efficient country. Throughout the United States the Delta Variant of the dreaded Covid-19 virus is apparently running rampant and severely attacking those who are not vaccinated. It is so contagious it is even breaking through to vaccinated people, however usually with a mild case and without death. This unfortunate, political, and divisive situation which is being used to divide us is beyond reprehensible. Masks, lockdowns, and many more totalitarian controls will soon be implemented by the Biden administration.
Forcing children to wear masks in school is outrageous and indeed medical absurdity. Parents are outraged and many are withdrawing their children from school. Additionally, the despicable teaching of “Critical Race Theory” throughout America, which is a system of indoctrination of our youth by filling their heads with revisionist history, is being actively promoted by Joe Biden and his advisors.
Let us look to the Southern border where thousands of illegal aliens are pouring into our country daily, unvetted, uncontrolled, and turned loose into the heartland. President Joe Biden has taken a very secure border created by Donald Trump and turned it into a wide-open border and a crisis of unbelievable proportions. What Biden has done is criminal and it has compromised the security and safety of the American people.
Another frightening issue is Biden’s outrageous move on fair elections. It is his intention to take away states’ rights (determined by the Constitution) to eliminate voter ID and have limited verification of who the voter is. Presenting horrible falsehoods and ridiculous lies about various, very positive, new voting laws in 14 different states, Biden is furthering his agenda.
Now let us look at the free state of Florida and its Governor Ron DeSantis! Folks, this remarkable and brilliant man has realized that lockdowns don’t work and he will never allow it in Florida. Businesses will continue to prosper. He has ended the stupid welfare/unemployment checks provided by the Democrats to pay people not to work, so soon the demand for jobs will be filled, furthering Florida prosperity. Masks will not be required and will be voluntary. Children will not ever be required to wear masks in schools. Florida schools will be open for in-school operations. “Critical Race Theory” will be outlawed and prevented from being taught in any Florida school. Crime is not tolerated in Florida, indeed we have reasonable and available concealed carry laws, and our cops are not being defunded.
Folks, besides fabulous weather, beautiful palm trees, aqua, crystal clear water, fabulous fishing, and no state income tax, we have got real freedom, because of the wisdom and operation of Governor Ron DeSantis. Let us look to Florida as an example of how America should be run. I believe DeSantis could very well be the next President of the United States, as he has proven his leadership skills and administrative qualities, which exemplify and promote what America is supposed to be about: The right to seek freedom and prosperity for all.
As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
www.CoastalNetwork.comDear Friends,
Folks, I’ll keep this short as I am outraged at the news in the TransPerfect case in Delaware’s Chancery Court. Skadden Arps attorney Jennifer Voss, who has been accused of billing fraud and padding hours by every C-Level Officer at TransPerfect. She represents scandal-ridden former Custodian Bob Pincus. When will Skadden in Wilmington be held accountable by Chancery Court, or the Delaware Supreme Court, or the police?! This woman must be brought to justice!
See the Delaware Business Now story about how Citizens for a Pro-Business Delaware is taking the Chancery Court to task for its decision about fees paid by TransPerfect since the 2018 contested sale. Keep your feedback coming on this truly outrageous and awful development!
Respectfully Yours, Judson Bennett
Citizens for a Pro-Business Delaware is appealing to the Delaware Supreme Court a Chancery Court decision regarding fees paid by business services company TransPerfect over a contested sale completed in 2018.
Citizens Delaware Campaign Manager Chris Coffey released the following regarding the appeal:
“This latest filing makes clear what we’ve known all along: the Chancery Court during former Chancellor Bouchard’s reign had zero interest in treating TransPerfect fairly. Not only did Bouchard’s Chancery Court uphold an obscene $3.2 million in fees charged by Pincus – in bulk and without explanation – it even contradicted itself in forcing the company to cough up $400,000 in fees that it had previously rejected, which stemmed from a failed Contempt motion filed by Pincus. The Bouchard-era Chancery Court was so invested in protecting its handpicked Custodian – who had already bilked the company for more than $50 million in total fees – that it couldn’t even hold itself accountable to its own decisions.”
“There’s no justice when a court-appointed Custodian like (Robert) Pincus can prop up his own fees by filing frivolous motions against the very company for which he’s a fiduciary, then charge the company for the motion. And there need to be consequences for enablers like Skadden Partner Jennifer Voss, who for years has defended Pincus at every turn and now faces a litany of open lawsuits against her. It’s high time for the state’s Supreme Court to step in and end the clownery of Bouchard’s Chancery Court to deliver justice and pause the rapid erosion of trust in Delaware’s judiciary,” Coffey concluded.
Voss did not immediately respond to a request for comment, and Chancery Court cannot respond under judicial ethics guidelines.
Critics of Citizens claim the organization is funded by TransPerfect owner Philip Shawe who prevailed in a dispute over selling the company when he could no longer work with his former 50-50 partner and former fiancé Elizabeth Elting.
Shawe had run-ins with Pincus, who was appointed by Chancery to supervise the sale of the company.
Following the sale, Shawe changed TransPerfect’s state of incorporation from Delaware to Nevada and started litigation in that state. He also filed actions in New York state.
Citizens for a Pro-Business Delaware is a group made up of more than 5,000 members, including New York-based global translation services companies.
The group has also continued to attack what it views as a lack of diversity in the Delaware court system and formed ties with cable TV commentator the Rev. Al Sharpton and local Black ministers.
Earlier in July, the group asked that Tesla CEO Elon Musk join the diversity effort. Musk appeared in Chancery Court in July as part of a lawsuit by shareholders who claimed he improperly engineered the merger of Solar City, a manufacturer and installer of solar systems, with Tesla.
Citizens has long claimed the actions of Chancery Court have endangered the careers of its employees.
TransPerfect has no physical presence in Delaware, although at one point indicated it was shopping for an office site n the First State.
OPINION
Dear Friends,
You should be advised and informed of the truth, regardless of how much you hate Donald Trump!! Folks, Joe Biden makes Trump look like a choir boy. What I am telling you is real and it has been clearly documented. I am admittedly a partisan Republican who studies politics closely. I know more about Joe Biden than he knows about himself. He never should have been elected President and one of the reasons he was elected was because, in my educated opinion, the Delaware U.S. Attorney’s grotesque method of operation.
The corruption in Delaware has no limits, in my view, and only enhances and protects the corruption in the Biden operation. Folks, the Delaware U.S. Attorney, David Weiss, clearly protected Joe Biden’s candidacy and frankly the Biden family in its entirety. The laptop owned by Hunter, discovered in a Wilmington, Delaware, computer repair shop is so incriminating, and so unbelievably telling about Joe Biden’s degradation, which includes influence peddling, bribery, and money laundering in regard to the Ukraine, China, and Russia. It is sickening.
Folks, when combined with the testimony of Hunter’s former business partner, a decorated naval officer, the evidence is so damming and overwhelming, the Delaware U.S. attorney, no doubt by his intentional delays has compromised his office, many legal ethics, and swayed an election by his clear design to protect an apparent illegal enterprise. This is a typical Delaware move and it smells to high heaven!
Please read the “Blabber Buzz” article below and understand how bad it really is in the First State and realize that the “Delaware Way” has covered up for Joe Biden since 1972 when he was first elected and he defamed poor Curtis Dunn, accusing him of being drunk, when he was proven not to be and had the misfortune of having Biden’s first wife kill herself and her infant daughter by running into his truck. The shameful lies and activities of Joe Biden are beyond belief, in my opinion, and I know the truth about all of them. I could write a book about his acute dishonesty from law school to present time which even includes lies about how he met Jill, his second wife, who was once married to my friend and Delaware icon Bill Stevenson. Just more of the Delaware Way.
Hunter Biden is being helped and protected by U.S. Attorney David Weiss, in my opinion, and he clearly helped elect him by stalling a prosecution for crimes that are beyond heinous. I think Weiss should be removed from office and disbarred for his intentional mishandling of this case.
Please send me your feedback and opinions about this situation. Your comments are appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
PLEASE READ BELOW:
https://www.blabber.buzz/blab/pop/1028701-the-delaware-way-us-attorney-stalled-hunter-case-until-after-election
The Delaware Way: US Attorney Stalled Hunter Case Until After Election
Written By BlabberBuzz | Saturday, 17 July 2021 11:15
The Delaware Way: US Attorney Stalled Hunter Case Until After Election
As we continue to delve into Biden’s Delaware to highlight the corruption within the state, the President’s own son benefitted from what is known as ‘The Delaware Way’ via a Biden-recommended federal prosecutor.
The federal prosecutor examining Hunter Biden’s taxes waited until after the election to look for search warrants or issue grand jury subpoenas, a new report revealed Friday, out of concerns his probe would grow public and affect the presidential contest.
Delaware’s U.S. Attorney David Weiss chose to delay taking any actions that could flag the probe for the public, according to Politico, so that the investigation wouldn’t grow into a campaign issue in the dispute between Joe Biden and Donald Trump.
Weiss started his probe of President Joe Biden’s son in 2018 and, by last summer, was set to issue the warrants and subpoenas though decided to wait.
‘It was a close call,’ a person with knowledge of the situation told Politico. ‘That case has way more credibility now !’
Delaware prosecutor investigating Hunter Biden WAITED until after election to issue search warrants, report reveals
Prosecutor in Hunter Biden probe waited for election to end
Delaware’s U.S. Attorney David Weiss
OPINION
A debacle in Delaware is being reported on in the press as Citizens for a Pro-Business Delaware is highlighting Chancery Court Chancellor Kathaleen McCormick’s bad-faith approach to Skadden Arps’ past billing practices. This week, a company attorney made a compelling argument that Skadden Arps’ Robert Pincus used Court-granted power to “pull off a heist worth tens of millions of dollars.” That’s a hell of an argument, folks, and one that Chancellor McCormick needs to take seriously!
The company is asking for more details and information about billing practices by Robert Pincus, a former Skadden Arps partner. He billed more than $44 million — an outrageous sum — as the Chancery Court-appointed custodian of the company. In a letter to the Chancellor, the company said, “Pincus’s gamesmanship and bill churning continues… and refusal to engage in discussions towards compromise solutions… and scorched-earth tactics over compromise.” Scorched-earth tactics need to be reined in. So much of this battle needs a strong leader to take control and create fairness. Let’s see if our new Chancellor embraces her leadership role and treats all sides fairly to ensure justice prevails once and for all.
See the Delaware Business Now story below. Let me know what you think about this huge issue for McCormick and our Chancery Court. Your feedback is always welcome!
Sincerely Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON BENNETT-Coastal Network[/avatar]
New chancellor’s fee decision disputed by TransPerfect lawyers
By: Douglas Rainey
–
July 21, 202
Citizens for a Pro-Business Delaware is criticizing a decision by newly sworn-in Chancellor Kathaleen McCormick over billing for services related to the sale of TransPerfect.
Lawyers for TransPerfect Global have requested a change on Chancery Court Chancellor Kathaleen McCormick’s decision regarding Skadden Arps’ past billing practices.
TransPerfect has asked for more detail on billing practices from the Chancery Court-appointed custodian of the company, Robert Pincus, a former Skadden Arps partner, after being billed more than $44 million the past years.
A letter to McCormick stated that “Pincus’s gamesmanship and bill churning continues with these motions and refusal to engage in discussions towards compromise solutions to outstanding issues… Encouraging and rewarding motion practice and scorched-earth tactics over compromise is the antithesis of judicial efficiency and has an antithetical result.”
Chris Coffey, campaign manager of Citizens for a Pro-Business Delaware stated: “TransPerfect employees created Citizens so that other workers would not have to experience the fear of having their livelihoods in the hands of an opaque and out-of-touch Chancery Court. With the appointment of Chancellor McCormick, we have renewed hope that the court will move away from the backdoor dealings that defined the (Andre) Bouchard era, but this ruling does the opposite. Instead of more transparency, Chancellor McCormick is doubling down on the old way of doing business in Delaware. We need a change – we won’t stop our fight until Chancellor McCormick and all justices on the Chancery Court commit to real transparency that will restore public trust in our courts.”
TransPerfect is a New York-based business services company that went through an ownership dispute with founders who controlled a 50% share of the company.
While Chancery ultimately determined co-founder Elizabeth Elating should sell her share to Philip Shawe, fees related to the use of a custodian handling the sale remain an issue.
Under judicial rules, Chancellors are barred from commenting on allegations.OPINION
Dear friends,
Breaking news, folks: In the notorious TransPerfect case that has been ongoing in our Chancery Court, a company attorney made a strong argument that Skadden Arps’ Robert Pincus used Court-granted power to “pull off a heist worth tens of millions of dollars.” Those are strong and important words.
Pincus knowingly made a “false recommendation to the Court” that a so-called independent advisor recommended the auction as “value-maximizing,” yet, then secretly let the advisor represent Chancery Court judge Kathaleen McCormick’s former client HIG in the court-ordered auction for the company sale, the attorney said in a court document. This is flat-out outrageous, folks, and I’m so glad it’s being argued so well! A heist indeed!
A federal judge found Chancery Court Chancellor Andre Bouchard guilty of ordering $44.5 Million in undocumented fees to his former employer, Skadden Arps, from Skadden’s Robert Pincus, which I’ve previously written about. The company attorney said that “Skadden will inevitably continue to squeeze (the company) for every dime its frauds will permit unless this court puts an end to this behavior.”
This must stop and must stop now! It’s time for McCormick to be the leader that the Chancery Court has lacked for years. It’s time to restore its once-proud glory. If not, the employees and families of this company — and surely other companies to come — will suffer at the abuse, cronyism and dysfunction of The Delaware Way that exists at the very top of our Chancery Court.
Please let me know your thoughts on this debacle that has been allowed to fester during the tenure of Bouchard and now McCormick. Will she put a stop to this highway-robbery heist?
Your feedback is welcome!
Sincerely yours,
JUDSON Bennett-Coastal NetworkThere is a large question that looms over Delaware’s Chancellor Kathaleen McCormick and our once-esteemed Chancery Court: Will our new Chancellor do what’s right and restore the Chancery Court to its former glory? The answer will define her legacy. Much is at stake, folks.
Even now, she has a chance to have justice prevail regarding her far-too-swift decision to deny due process and grant Skadden Arps’ motion approving past billing practices in the TransPerfect case, which I wrote about. Thankfully, she saw the error in her original decision and is now allowing TransPerfect to make their case. True justice will require an even hand and fair treatment of both Skadden Arps and TransPerfect, not rolling over for Skadden at every turn like former Chancellor Andre Bouchard.
Skadden has now billed TransPerfect more than $44 million dollars in undocumented fees, as I understand it, and the auction was over in November 2017. TransPerfect has spent much of their money attempting to see the itemized bills of Skadden, which was finally granted by Bouchard only after the company attempted to go to Nevada, where TransPerfect is now incorporated.
If Delaware is to retain its reputation, then McCormick must send a message to corporate America that custodians like Robert Pincus and Skadden cannot get away with their massive billing fraud. As I see it, paying custodians is much less important than maintaining integrity and preventing attorneys from committing billing fraud because they are friends with a Chancellor. In any other state, I believe that Pincus and his Skadden associates would be in a federal prison right now.
Hanging in the balance is McCormick’s hasty decision to rubber-stamp the outrageous billing practices Skadden got away with under former Chancellor Andre Bouchard. TransPefect is now stating its case against Skadden’s Pincus’ brazen overbilling. The future of the court may depend on getting this judgement right.
Will McCormick show that she’s open to what’s reasonable and just? Will she bring transparency and remove corruption from her Court? I will keep you updated as I am watching closely. Folks, I would love to hear your feedback and predictions about all of this. Your comments are welcome!
Sincerely yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]Dear friends,
Today is Tuesday, July 13, 2021 and I am especially offended and annoyed today, because the traditional Major League Baseball “All-Star Game” is being played tonight in Denver, Colorado, when it should be played in Atlanta, Georgia. It was outrageously moved from Atlanta to Denver to falsely punish Georgia’s citizens, costing local business owners millions of dollars in needed revenue.
The arbitrary and capricious reason it was moved was because the new Georgia voting law was falsely labeled by President Joe Biden and his Democrat handlers as “Jim Crow on Steroids”. This is false in every regard and aspect. The Georgia voting law, if anything, provides more opportunities for fair and open elections. The political decision based on false accusations to move the All-Star Game, to the detriment of the great state of Georgia, is an outrage.
The All-Star Game is on Fox tonight. I won’t be watching. In fact, I won’t be watching any Major League baseball this year. Let us all boycott baseball and see what happens to these absurd players and organizers? A decision was made, to intentionally hurt the people of Georgia, by Major League Baseball, for a reason that was false. The decision was ill-conceived and the sport does not deserve our support because of it.
You want to make a difference? Watch no baseball this year or attend any games. Get politics out of baseball and all professional sports. Major League Baseball performs and operates only because we the people support them. Stop the support, as I am, and watch renewed humility develop.
As always, your comments are welcome and appreciated.
Respectfully submitted,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett-Coastal Network[/avatar]
OPINION
Dear friends,
Delaware’s Chancellor Kathaleen McCormick is now allowing a reply to her much-too-swift decision to deny due process and grant Skadden Arps’ motion approving past billing practices in the TransPerfect case, which I recently wrote about. Based on a court filing that I’ve seen, TransPerfect may now file a response to McCormick’s hasty decision to rubber-stamp the incessant and outrageous billing practices that Skadden has gotten away with under former Chancellor Andre Bouchard.
Maybe McCormick has an open mind here? We’ll see. At the very least, TransPefect should be allowed to state their case clearly against Skadden’s Robert Pincus’ brazen overbilling. They now have their opportunity.
McCormick needs to bring transparency to her Court of Chancery. In the past few years, the Chancery has been a bastion of subjective rulings and innumerable appearances of impropriety. I will keep you updated on whether McCormick does what is right here or not, folks! It is time Delaware’s equity court becomes truly equitable. Please share your feedback. As always your comments are welcome and appreciated.
Sincerely yours,
Judson Bennett-Coastal Network
Opinion
If you were an elected United States Representative, elected to the U.S. Congress to do the people’s business, and you learned that the
President of the United States was guilty of one outrageous crime after another during his entire political career, what would you do? I know what I would do in 2022, when the Republicans take back the House of Representatives, I would impeach Joe Biden.
Many of his high crimes and misdemeanors may now have expired statutes of limitations, however the situation at the Southern border is beyond redemption. Biden has clearly violated every immigration law on the books, allowing thousands of illegals to cross our borders to the complete detriment of our country. For this heinous act alone, Biden should be removed from office.
Folks, I am from Delaware, born and raised. I have spent years following and researching the entire career of Joe Biden. He is not and never has been what he appears to be. In the very beginning, in 1972, Biden’s first election as a United States Senator, Biden never should have won. The evidence and the facts can easily be obtained by doing proper opposition research.
God help us if we cannot change the political landscape that has covered our country in darkness. As always your comments are welcome and appreciated.
Respectfully Submitted,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]OPINION
Dear friends,
I’ve spent years watching and writing about former Delaware Chancellor Andre Bouchard who, in my view, operated with one appearance of impropriety after another — especially in the notorious, still-ongoing TransPerfect case. Now, new Chancellor Kathaleen McCormick appears to be taking the court in the wrong direction by making a too-swift decision to deny TransPerfect due process and approve Skadden’s past billing practices in the case.
I had high hopes that McCormick would steer the Chancery in a better direction, but this shoddy, hasty decision, as I see it, folks, suggests otherwise. McCormick isn’t any better than her predecessor Bouchard in granting this motion to Skadden’s Robert Pincus’ incessant billing, in which Skadden billed more than $44 million in “undocumented fees and costs” over the past several years, as you’ll see from the story below.
We need to be done with the old “Delaware Way” cronyism and McCormick needs to bring transparency to her Court of Chancery. I will continue watching and reporting on any and all inequities that I observe in the Court. Will McCormick do the right thing? As always your comments are welcome and appreciated.
Sincerely yours,
Judson Bennetthttps://www.businesswire.com/news/home/20210628005494/en/Citizens-for-a-Pro-Business-Delaware-Slams-Ongoing-Cronyism-of-Chancery-Court-Under-New-Chancellor-McCormick
Citizens for a Pro-Business Delaware Slams Ongoing Cronyism of Chancery Court Under New Chancellor McCormick
A History of ruling without due process breeds mistrust and injustice in courts
June 28, 2021 09:12 AM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Recently, lawyers for TransPerfect Global requested an alteration on new Chancery Court Chancellor Kathaleen McCormick’s swift decision to deny due process and grant Skadden Arps’ motion approving of their past billing practices. For years, TransPerfect has asked for transparency in billing practices bythe Chancery Court-appointed Custodian of the company, Skadden Arps’ Robert Pincus, after having been billed more than $44 million in “undocumented fees and costs” over the past several years.
The request also identified four different federal cases, which TransPerfect or its affiliates had to file to, and urged Chancellor McCormick, who replaced outgoing Chancellor Andre Bouchard, to bring transparency, efficiency and fairness to the proceedings. The letter to Chancellor McCormick wrote that “Pincus’s gamesmanship and bill churning continues with these motions and refusal to engage in discussions towards compromise solutions to outstanding issues… Encouraging and rewarding motion practice and scorched-earth tactics over compromise is the antithesis of judicial efficiency and has an antithetical result.”
Said Chris Coffey, Campaign Manager of Citizens for a Pro-Business Delaware: “TransPerfect employees created Citizens so that other workers would not have to experience the fear of having their livelihoods in the hands of an opaque and out-of-touch Chancery Court. With the appointment of Chancellor McCormick, we have renewed hope that the Court will move away from the backdoor dealings that defined the Bouchard era, but this ruling does the opposite. Instead of more transparency, Chancellor McCormick is doubling down on the old way of doing business in Delaware. We need a change – we won’t stop our fight until Chancellor McCormick, and all justices on the Chancery Court, commit to real transparency that will restore public trust in our courts.”
OPINION
Dear Friends,
Read this story below and you’ll see they are writing about Delaware’s Chancery Court, the corrupt Delaware Way and the now infamous TransPerfect case in Delaware, saying “what has happened to TransPerfect should alarm any business owner and concern every American.” This sounds an alarm and puts another spotlight on our broken Chancery Court, which is allowing its primary responsibilities to be eroded. The conservative publication article focuses on the extreme levels of corruption at our Chancery Court. Thankfully, there is a growing echo of voices expressing concerns.
I applaud more voices joining our chorus. Indeed, it’s the only way to stop Delaware Way corruption! Let me know what you think, folks!
Respectfully Yours,
JUDSON Bennett-Coastal Network
https://www.blabber.buzz/blab/pop/1027959-the-delaware-way-the-swamp-trump-warned-us-about-on-full-display?utm_source=c-alrt&utm_medium=c-alrt-email&utm_term=c-alrt-GI&utm_content=45J9yL18i9vHcislJ_0DjH2tIjZR0aiJmTQ..A
‘The Delaware Way’: The Swamp Trump Warned Us About On Full Display
Written By BlabberBuzz | Monday, 21 June 2021 20:00
Over the past several years, the story of a private company embroiled in a dispute with the State of Delaware has gone mostly unreported. However, what happened and is still happening to TransPerfect should alarm every American, considering the state-run machine that caused the injustice is in President Biden’s own home state.
During the 2015 election cycle, then candidate Donald Trump campaigned on a promise to ‘drain the swamp’. The slogan was catchy; however, the meaning of the term ‘Swamp’ was not understood by most Americans.
‘The Swamp’ Trump was referring to is complicated to describe without context and actual facts. Many news outlets tried to explain the term, using generalizations like ‘non-elected civil servants’ or ‘administrators of government offices who remain at their jobs after a change in administration’. Some even went so far as to describe the Swamp as an organized cabal.
It might not be a cabal in the organized sense, and yet, it might be highly coordinated and structured. Without investigation it is irresponsible to speculate and so over the next several months, BlabberBuzz will be bringing you exclusive stories and investigative reports that shine a light on the systemic corruption all across America.
Our first installment, a multi-part series called ‘The Delaware Way’ focuses on President Biden’s home state where accusations about cronyism have been circulating for decades – all the way back to 1972 when Biden first got elected to the Senate under conditions that many would consider abnormal.
We start though with the present as what has happened to TransPerfect should alarm any business owner and concern every American.
TransPerfect is the world’s largest provider of language and technology solutions for global business. Despite successfully running the company together since 1993, in 2014, the two company founders Phil Shawe and Elizabeth Elting began a struggle for control of the company. One might think that is quite normal for founders to squabble in a privately held company. However, this story gets uncanny when the fight moved from the New York State Supreme Court where a judicious justice Melvin Schweitzer ordered the two founders to work it out themselves, to the Delaware Chancery Court, the government apparatus charged with mediating corporate disputes for more than one million business entities that are incorporated in the “First State”.
The Delaware Chancery Court’s own description suggests that it is “widely recognized as the nation’s preeminent forum for the determination of disputes involving the internal affairs of the thousands upon thousands of Delaware corporations and other business entities through which a vast amount of the world’s commercial affairs is conducted.” Its mission statement concludes that “Its (The Chancery Court’s) unique competence in and exposure to issues of business law are unmatched.”
The Chancery Court oversees disputes amongst some of America’s largest corporations which use Delaware as their corporate home for tax purposes. It is an entity that was set up hundreds of years ago to provide ‘judicial relief to those left remediless because of the procedural rigidity, corruption, and inadequate enforcement machinery of the common law courts.’
Yet, the very court that claims to be above corruption now stands accused of being an arm of that procedural rigidity, a hotbed of corruption and a symbol of a broken enforcement machine.
To highlight this, one simply must look at what happened to TransPerfect when the company’s internal dispute went before the Chancery. After hearing the dispute, in June of 2016 the Chancery ruled that the company was to be sold at auction. The ruling itself is the source of much confusion in legal circles and alone could indicate something nefarious. However, what transpired in the years after that ruling only reinforces suspicion that there is a level of corruption within the chancery.
At the center of this case is the Chancellor of the Chancery, a judge for all intents and purposes, by the name of Andre Bouchard. Bouchard appointed local attorney Robert Pincus as custodian to oversee the public sale, and by the fall of 2017 founder Phil Shawe was the highest and best bidder and was approved to purchase Ms. Elting’s 50% stake. The sale was approved in February of 2018 and affirmed by Bouchard.
Detail is key to understanding the TransPerfect sale and there is a lot of detail to unpack. Shawe winning the bid was not by some design of the Chancery, but grit and tenacity of his own. The forced sale of the company, the way it was determined to occur and the subsequent illicit activities are what the true focus must be. The devil is in the details, and this is where the troubles shine through.
When adding it all up it comes down to this; by the time the sale was done, Robert Pincus and his law firm, Skadden, Arps, Slate, Meagher & Flom were $14 million dollars richer and another $35 million dollars were billed to TransPerfect as ‘auction related expenses’.
There is no argument that a court appointed custodian should be compensated for their efforts, however nearly $50 million dollars to conduct an auction that ultimately only included the two warring parties is worth investigating – and some $14 million payday for the custodian is obscene.
The dispute began when Shawe and Elting fell out of favor with one another. Elting, a 50% owner, and Shawe holding 49% with his mother Shirley Shawe holding 1%. Essentially, they were both equal owners when they began to quarrel over management issues, acquisitions, staff promotions and office spaces, but the basic operations, sales and services to clients remained strong and profitable. The fact that the chancery ordered the company to be sold is shocking, the fact that the only two real bidding parties were Shawe and Elting themselves paired with private equity groups only reinforces suspicion that the actual order to sell was in fact, a justification for a nearly $50 million dollar pilfering of one of the most successful companies in its industry.
We also know now that one of the equity funds, Blackstone, did not want to participate believing that they could not effectively compete. To keep them in what was referred to as a modified auction, Pincus offered them $4 million of TransPerfect’s money to cover their fees and expenses just to keep the image of his multi-participant auction alive. Pincus essentially bribed them, promising to pay them if another party other than Shawe were to win the auction.
Even with that, from all indications, it seems TransPerfect was more than willing to pay the bloated fees to Pincus and his law firm. However, they asked to see itemized invoices to understand what they were being billed for. Yet, their requests to Skadden and Pincus for itemized billing explaining their heavy take went unanswered. In the past, TransPerfect described the work they were billed for as ‘mysterious and unexplained’ because they were never told what was done or even how many billable hours worked to amass the millions of dollars in fees they had claimed.
After successfully winning the bid for his own company, Phil Shawe began a one-man-crusade against the Chancery, Bouchard, Pincus and Skadden to unwrap what had happened and why the nearly quarter of a billion dollars this ordeal had cost in total was even necessary to spend.
Think about it, both of TransPerfect owners spent approximately $250 million in legal fees as well as the disputed custodian fees so that one of the partners could be bought out for what amounted to $285 million after taxes, an amount that was less than many offers Shawe made to settle the dispute going as far back as 2016.
Why did Shawe go after Chancellor Andre Bouchard, the ‘judge’ from the Chancery who oversaw the entire process? The answer itself brings up many other questions about the integrity of the order to sell in the first place, and more specifically, the usage of Pincus, and through him Skadden to conduct the sale.
Prior to joining his appointment to the Chancery, Bouchard was an attorney working for Skadden. This alone should have disqualified them from having anything to do with any Bouchard case.
Under pressure, most certainly from the microscope he was under due to Shawe’s campaign to right a wrong done to him and his company, Bouchard conveniently stepped down from the Chancery in April of this year. Just before he did, he ordered Skadden to reduce their legal fees by a mere 15%, without actually asking them to show what the millions they billed TransPerfect are for.
The TransPerfect story has many elements to it that we feel is important to understand just how the work of the business court gets done in Delaware, home to the 46th President of the United States. The Chancery itself has many ties to Biden – as do many of the players who sat idly by while an upstanding and model corporation was being pilfered for cash by a component of the machine that Joe Biden helped create.
In our next installment, we will dive deeper into the TransPerfect story by focusing on Robert Pincus, and his relationship with Bouchard and the ensuing battles that Shawe brought to force accountability. We will begin to link the actions of the Chancery in the TransPerfect case to other cases and establish a pattern and bring you the facts as to how the Delaware chancery in the age of Joe Biden has not always acted in the best interest of the companies they were founded to help.OPINION
Dear Friends,
I write this dissertation with deep concern for the terrific misrepresentations that have come specifically from President Joe Biden in regard to the new Georgia voter law which has been implemented by Georgia’s state legislature. There has been huge outrage and national press about how these laws are racist and unfair to African Americans? The baseball All Star Game was moved out of Atlanta because of these grotesquely false allegations, costing businesses there millions of dollars.
This is of huge interest to me, because the Georgia law is much more liberal and much more expansive than Delaware’s voting laws. Joe Biden is from Delaware and I am from Delaware. Joe Biden is quoted as saying on national television that the new Georgia voting law is “JIM CROW ON STEROIDS!” I believe in facts folks and here are the facts: 1) Georgia allows early voting, Delaware does not! 2) Delaware requires a validated reason to vote absentee, Georgia does not! 3) Delaware requires the signature to be notarized, Georgia does not! 4) Both states require a valid picture ID. 5) Picture IDs are easily made available through motor vehicles in both states. Again, Biden says the Georgia law is “JIM CROW ON STEROIDS”, so therefore should the State of Delaware’s voting laws now be considered totally racist and “Jim Crow on Steroids” as well?
Obviously, Joe Biden has not read the Georgia voting law nor Delaware’s voting laws. Frankly, there is nothing wrong with Delaware’s laws and in my view Georgia’s laws are way too liberal. The apparent rub is the Democrats don’t like picture IDs? Is the requirement for picture IDs racist? All my African American friends have picture IDs. Does Joe Biden think Black Americans can’t get a picture ID? If I was Black I would be outraged at the absurd implication. Many brilliant folks are truly incensed by these lies like great Americans Candice Owens and Senator Tim Scott. Folks, Joe Biden has lied. The Georgia law is not unfair to anybody. If it is unfair, then Delaware’s laws are much more unfair?
By the way, the U.S. Constitution is quite clear about individual states’ voting rights and laws. Regardless of the fact that voting laws are constitutionally protected by state’s rights, the United States House of Representatives has already passed a universal, federal voting law, which takes away state control and allows voting with no restrictions and availability for wide open fraud. If passed in the Senate, it will be the end of fair elections in the United States. Folks, there is only one reason, not to require picture IDs or substantial proof of who you are when it comes to voting, and that is to allow fraud. THERE IS NO OTHER LOGICAL REASON?
As a former lifelong Delawarean and a dedicated political pundit, I challenge this acute hypocrisy and outrageous prevarication by President Joe Biden and others which clearly appears to be an attempt to further socialize our society into a one party system. The Georgia voting laws are not racist nor unfair in any way, shape, or form to anyone and that is the truth. I would appreciate your feedback on this issue, especially my Delaware friends from both sides of the political spectrum.
As always your comments are welcome.
Respectfully Submitted,
JUDSON Bennett — Coastal NetworkOPINION
I had high hopes for Chancery Court Chancellor Kathaleen McCormick, I really did folks, but she is continuing to let Skadden Arps loot TransPerfect. This has been going on almost seven years and there is no end in sight. I can see from public court filings that McCormick, in my opinion, is continuing to rubber-stamp the flawed and overly biased rulings of her predecessor, Andre Bouchard, by allowing his former law firm Skadden to continue, what I view, as highway robbery in the now-famous TransPerfect case in Delaware’s Chancery Court.
To add insult to injury, McCormick granted the motion without giving TransPerfect a chance to reply, which in my understanding, is a due process violation. She relied on the one-sided argument of Pincus and Skadden who, in my opinion, continued to game the system to the tune of millions of dollars in bogus fees and made a ruling before she heard any argument from TransPerfect. That is not judicial. Far from it! Rather than McCormick bringing a fresh perspective, the former HIG attorney is proving that the Delaware Way remains deeply entrenched.
Where is the improvement? Where are the needed steps forward? There is still time for Chancellor McCormick to set this path right and change the very standards that she represents and do the right thing by TransPerfect and Delaware’s Chancery Court.
Please let me know your thoughts on this injustice. It can not be tolerated again! Our state deserves better, you deserve better, and TransPerfect deserves to legally reply. We need fairness and justice to prevail!
Respectfully yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett”]JUDSON Bennett-Coastal Network[/avatar]OPINION
Dear Friends,
OUTRAGEOUS!! WRONG!! BIZARRE!! ABSURD!! DANGEROUS!! and CORRUPT!! These are the adjectives that come to mind, as I write this article about the horrendous crisis at the Southern border of the United States. The situation is so serious and so terrible that I must speak out. Thousands, and I mean thousands of illegals from nations all over the world are walking into our country. Many simply turn themselves in, are fed, clothed, housed, documented, and then transported all over the U.S. Many have the Covid-19 virus. It does not seem to matter. The cost to the American taxpayer is well over $100 million dollars per week. Additionally, thousands of dangerous criminals, terrorists, and otherwise unknown entities, are escaping into our country unabated. Thousands of children are picked up who have come in without adults, and are also being completely taken care of in crowded facilities, with no end in sight.
FOLKS, even those of you who are biased against Conservatives cannot deny these facts! This situation was specifically created and designed by Joe Biden and his administration. The news media on every network and publication, with the exception of Fox News and Newsmax, does not report the truth and how really bad the border situation is. Folks, the Southern border is wide open, our national security is at risk, and we are in extreme danger.
Biden took a secure border and has turned it into a quagmire of overwhelming disaster. It is completely out of control. Something must be done now, the border must be closed, the wall finished, thousands of border agents must be hired, and ICE reinstated to its full capacity. That is what should be done! However, the problem is that it is not going to be done. The Mexican Cartels are now controlling our immigration policies. They are making billions of dollars and Biden has done absolutely nothing. The drugs that are coming in — especially deadly Fentynol — have increased by 500%. Neither Biden or Harris have even taken the time to visit the border and see how terrible it really is.
Don’t tell me this is not happening, because if you say that, you are either ignorant, or dishonest. The mystery here is why would a President of the United States intentionally open up the border of the United States to the world? There is not enough money to take care of our own citizens? Why? Why? Why? Biden is either a blithering idiot, extremely ignorant, or intrinsically evil and this border disaster and extreme crisis is by design. My opinion is this is being done by design to ultimately institute a Marxist agenda of complete control over our lives. First you disrupt society, create chaos and fear, then come in with overwhelming force to subjugate the population.
It is hard to believe that this agenda, almost a possible “Brave New World” scenario, a book written by Aldous Huxley, which describes a totalitarian society that controls every aspect of society, could actually happen? This appears to be where we are heading, and the question is: Why? The greatest country in the world and we are allowing it to be destroyed from within by the agenda of a few!
Please send me your thoughts on all of this. Am I wrong? Am I right?
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
After the departure of Chancery Court Chancellor Andre Bouchard, I want to look ahead towards what the future will bring for Delaware’s Courts. I wonder if this iceberg can be turned around or moved in any way, after many years of the “Delaware Way’s operation of cronyism and favoritism. Honestly, folks, my concern is that the corruption is too deep and entrenched in the established “Delaware Way” system.
To look at the other side, my hope would be for a return to being a respected and viable institution that dispenses objective equity without bias and the appearances of impropriety, which I observed under Andre Bouchard’s suspect leadership.
While veteran Vice Chancellor Travis Laster who has, in my view, operated with objectivity will most likely be reappointed, there are indeed other issues. My concern is the team at the top of the Chancery Court in Delaware, as the system is so infected with the ”Delaware Way” of bias, favoritism and cronyism that things may remain the same. There is much that remains suspect and I am going to be watching carefully.
A fish rots from the head down, as they say. Delaware Governor John Carney is the head of the problem in Delaware and should guide the Court’s future toward a policy that will enhance, rather than hinder Delaware’s incorporation industry. I do believe Laster’s reappointment to his second term, by the way, will definitely happen and his conservative, objective values, will be an asset to a potentially better court.
I am hopeful for change but skeptical that the “Delaware Way” can or will change. Stay tuned, as things develop in Delaware accordingly!
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINIONDear Friends,As I look to the future of the Delaware Court of Chancery I am hopeful, but suspicious that it’s a revolving door of non-objective equity, with bias and appearances of impropriety as seen under outgoing Chancellor Andre Bouchard’s suspect leadership and operation. Is the “Delaware Way” too entrenched into the court system that has been built on cronyism and favors?To that point, folks, I’m deeply concerned that even the new court appointees are just part of the same broken system that has been broken for years.Take newly appointed Chancellor Kathleen McCormick, the first female Chancellor in Delaware’s Equity Court. You would imagine she’d be bringing a fresh perspective to its operation. Think again, folks!As it turns out, she’s a former HIG attorney, which is the company that clearly, in my view, appeared to conspire with custodian Robert Pincus, in the TransPerfect case. In a manner of speaking, as I understand it, she was involved among those that they were trying to give the company to in the Chancery Court auction for ownership of TransPerfect.During Bouchard’s reign as Delaware’s Chancellor, there was much evidence of his appearances of impropriety through his handling of the TransPerfect case, which is still mounting and being evaluated.While I wish to express my sincere desire that new Chancellor McCormick will upgrade its standards, I truly wonder whether she will do the right thing by TransPerfect, the good people of Delaware, and the integrity of the Chancery Court.I remain skeptical. Time will tell folks and, as you know, I will be watching. Please stay tuned, as things develop in Delaware accordingly!Respectfully yours,JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
Every so often I depart from my usual political punditry and use the “Coastal Network” to share personal stuff. As most of my readers know, being a lifelong Delawarean, born and raised in Lewes, Delaware, a graduate of St. Andrew’s School and the University of Delaware, I consider myself an expert on Delaware, its history, and all things political—especially Joe Biden.
I moved to Palm Beach, Florida seven years ago after the death of my wife Maria who died a terrible and painful death from breast cancer. People ask how I am doing and I must say in all honesty, this past year was for me personally and emotionally, the most difficult one of my life, as I am sure it was for many of you. I was for a whole year, pretty much isolated, due to the dreaded Covid 19 pandemic.
I was totally without female companionship, having experienced an upsetting and failed relationship with an old girlfriend. Indeed I was upset about the national political situation as well, having lost friends over the Trump/Biden debacle, which is the only way to describe it.
Folks, I truly admit to being afraid, and I was lonely for the first time in my life. All I can say is thank God for my wonderful, adopted cat, “Miss Josephine,” who loves me unconditionally, who always was willing to snuggle up, especially when the incessant feeling of being lonely seemed to prevail and was overly disconcerting. I am sure at times, many of you experienced the same sense of desperation. When you don’t have a spouse, and you live alone, a pet can be a life saver. My cat surely was for me.
Finally, able to get both Covid vaccine shots after being overlooked and bypassed by 40,000 people (I took the Moderna Vaccine) and living under the direction of the nation’s best Governor in Ron DeSantis, who at least allowed us freedom, I have now been able to re-establish some normalcy and human to human communication that has made me feel much better.
I can’t imagine how terrible it must have been to live in Delaware, New York, or New Jersey and watch your livelihoods destroyed and having to live under that grotesque despotism and tyranny, perpetrated by those state’s Governors.
Man is not an island and we surely need each other. Regardless, folks I am back in action, I am really fit for an ancient mariner, not bad looking, little baggage, and have a few bucks — so ladies, check me out— I am a conservative Republican with some social tolerance who loves to travel and loves action! I also like “long, slow kisses that last 3 days” (line from the movie “Bull Durham”) LOL.
Like most places, workers are being paid by the federal government, not to work, and Florida does have an employment problem. I ate breakfast the other day at the nationally-known restaurant chain “Toojays” on Palm Beach Island. Folks, the food was not fit to eat, the service was terrible, and the manager had no clue. Low quality workers or none at all seem to pervade many of the former, popular restaurants even in the free state of Florida. Regardless, people are flocking to South Florida in droves, as prosperity is way ahead of the national curve here in the Sunshine state.
Folks, things are better for me these days as I hope they are for you. I have hope for the future which is extremely important. Indeed, “Hope springs eternal”—as stated brilliantly by Alexander Pope in his “Essay on Man.”
As always your comments are welcome and appreciated.
Best regards,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Let me take a few minutes to celebrate a few more feedbacks, which are dear to me, because they celebrate the accomplishments I and others possibly helped create with the dogged reporting on Andre Bouchard’s Chancery Court.
Not only do I think our reporting was instrumental in toppling Bouchard from his vaunted perch, but also it might have helped remove former Chief Justice Leo Strine. Both left their government-appointed roles with more than half their term left to serve. That just doesn’t happen, folks. Not without real pressure and real reasons for them to leave. I saw both of them as biased and subjective in some cases, especially the TransPerfect case, which I’ve paid close attention to in recent years. I tried to point out the perceived inequities in their methods and decisions.
“You, more than anyone else, caused this to happen,” wrote one reader, who was skeptical of my Bouchard criticism at the start, but came around to seeing things my way after reading my columns over the years. “Your example as the key investigative reporter of this sophisticated case, with the inside information, unafraid to tell It like you see it.”
Please read the rest of this feedback, which I value dearly, and a few more feedbacks, which were among the first to come in, and they truly capture the drama of what was accomplished here. I left off names for your protection. Ding-dong, the “wicked witch is dead,” folks! I’m happy to receive your accolades because you reading my work and receiving your feedback is what has made me successful and keeps me going.
I thank all of you for helping us make these important changes in Delaware’s Judicial system.
Indeed, I think, we helped cause a man to go from an arrogant giant under an umbrella of appearances of improprieties to an ant, slinking away into quiet oblivion. I believe it is a good thing.
Please keep your valuable feedback coming!
Respectfully Yours,
Judson Bennett-Coastal Network
More Feedback on my Recent Column:In Honor of Andre Bouchard’s Delaware Ouster,
TransPerfect Gives $3 Million in Bonuses to Its Employees
Jud,
You are amazing and always have been.
You, more than anyone else, caused this to happen.
You dug deep with personal interviews and uncovered the whole story, not just the mis-justice, dis-justice and greed, but also the back-stories about how this kind of arrogance hurts the real people who work there.
You pumped the truth to the people of Delaware, (me included) and they recognized the truth and acted.
Obviously, some powerful VIPs listen to you, noting the results and change that is taking place because of your tenacious and lethal perseverance.
Your example as the key investigative reporter of this sophisticated case, with the inside information, unafraid to tell It like you see it and careful to get first-hand sources and make appropriate disclaimers all along the way.
Jud, you’re ready for the big time, Big Buddy, if you want to go there.
Way to go Jud!!
You have been like a dog on a bone!
I’m not surprised you always had that staying power that so many people lack.
Jud,
You exhausted this guy. He couldn’t take it anymore. LOL
He had to run for the hills. You really did it. He’s outta there.
I told you last year it was time to get rid of Bouchard.
I can’t believe it actually happened. Bravo.
Judson,
GREAT JOB, You have kept us motivated.
Congrats on getting rid of Bouchard!
Jud,
Wonderful and accurate article.
By the way, congrats on Bouchard leaving.
Thank you again folks! And keep the feedback coming!OPINION
Dear Friends,
Former Soviet Union leader Nikita Kruschev once said that the United States would change and succumb to Socialism/Communism from within. There is no doubt that there is a definite movement by elected officials through authoritarian polices to subjugate the American people. We have seen it many states already, like New York, Pennsylvania, New Jersey, Delaware, Michigan, Washington, and California just to name a few. The Democrat Governors of these states are veritable despots who have used the Covid-19 pandemic to destroy small businesses, curtail freedom of speech and movement, and prevent lawful assembly. The Federal government under the plan of President Joe Biden intends to raise your taxes so high that we the people can never achieve prosperity. The entire system is broken and folks your freedoms are soon going to be completely gone! The Constitution of the United States, that beautiful brilliant document that has given us this beautiful country that we cherish, is slowly being eroded by the Democrats.
Political monsters like Governors Carney from Delaware, Wolf from Pennsylvania, Cuomo from New York, and Newsom from California have shown their true colors and folks, I call them BEYOND EVIL — odious, malevolent dictators who have abused their powers! Their agenda is to institute complete control over your lives. They are true socialists who in other countries would possibly end up with their heads on wooden stakes.
Right now we have 2 GREAT STATES in Florida and Texas which are truly free states and literally wide open. We are free and we are prospering. Florida, especially under Governor DeSantis is thriving. Over 80,000 people have fled California for the delight of Texas, and 40,000 have come to Florida where lockdowns have been proven to be ineffective and the deaths and hospitalizations are practically non-existent from the dreaded Covid.
The Democrats and their elected leaders are dedicated to the destruction of the USA as we know it. Absolutely make no mistake about it!Just a matter of time and your FREEDOMS will be gone! DO NOT LET IT HAPPEN. That is the way I see it. The evidence is clear. Folks, we must vote these crooks out of office and reclaim our rights in all regards.
As always your feedback is welcome and appreciated. God bless America.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOpinion
The ad above, which ran in the Delaware News Journal, captures all of the drama in one full-page newspaper sheet covering the past 6 years of The”Good Ol’ Boys” Back Scratching and Cronyism that has, in my view, been a staple of the Chancery Court of Andre Bouchard, Leo Strine, and Robert Pincus of Skadden Arps.
As I see it, it was criminal to watch these individuals, systematically take “$44 million in undocumented fees”, according to a federal judge’s ruling. To add insult to the ethics and equity of the court and the good people of TransPerfect and their families, Bouchard ordered an additional $3.2 million to go for his Skadden crony, Robert Pincus. “The Unwarranted Decision Was His Last Official Act” by Bouchard, you’ll see it in the ad.
I’ve included the ad for you to see below. It’s truly outrageous and downright awful, the way I see it, how the “Delaware Way” has festered for years and still continues unabated.
Let me know your thoughts on this, folks. Your feedback is always welcome and appreciated.
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/judson_bennett” target=”_blank”]Judson Bennett-Coastal Network[/avatar]OPINIONThe history books will never give TransPerfect employees credit, but make no mistake, they took on, what I consider, blatant corruption in Andre Bouchard’s Chancery Court, and have successfully driven change. In my view, without the tenacity of TransPerfect workers, the Chancery and most of the Delaware judiciary would have remained all-white for years, perhaps decades. TransPerfect employees deserve 100% of the credit for integrating the Delaware court system from a racial and gender perspective.Behold…https://delawarebusinessnow.com/2021/05/bench-and-bar-diversity-project-announced/C.J. Seitz’s now officially recognizes the problem. Coincidence? Or did the screams of Bouchard’s victims and their families become too much to bear… I think the latter.Furthermore. I hate to break this news everyone, but cases in Chancery in front of Bouchard were decided by who Bouchard’s elite political friends were – including his Selenium prep school buddies, as I understand it based on my research. Cases were not decided on the witnesses, the testimony, or the evidence during his entire reign and the evidence is overwhelming, as I see it. This illegal back scratching was bound to end someday, but the powers that be eventually heard the cries of TransPerfect’s oppressed workforce, and Chancellor’s ouster ensued.Chancellor Andre Bouchard was the quintessential reverse Robin Hood, stealing from the poor, and lavishly bestowing riches upon his elite circle of socialites. How powerful was Bouchard? Powerful enough to be protested by minority workers all day in front of the Court House, with a giant Inflatable Rat named “Douchard,” – and according to my sources – he was so powerful that he personally got all media coverage of the protest blacked out – and hidden from the public.Is there any American that believes a powerful judge of questionable ethics should have veto power over what the News Journal prints? It’s disgusting and un-American. Seitz just announced a diversity project, to review racism in Chancery and other courts?Enjoy this past Sunday’s ad and the full article below.As always, your feedback is welcome.Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/judson_bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
https://delawarebusinessnow.com/2021/05/bench-and-bar-diversity-project-announced/Bench and Bar Diversity Project announcedBy Delaware Business NowMay 17, 2021Delaware Supreme Court Chief Justice Collins J. Seitz, Jr. announced the Delaware Bench and Bar Diversity Project.This project, launched in collaboration with the National Center for State Courts (NCSC) and AccessLex Institute, will be led by a steering committee composed of judicial officers, individuals, and organizations working to build and sustain a more diverse Delaware bench and bar.The Project is the first of its kind strategic effort to address diversity issues in the legal field, a release stated.The project will make recommendations that will help attract and retain diverse members to the Delaware Bench and Bar.“The National Center for State Courts and AccessLex Institute are committing their formidable experience, expertise, and resources to support our project. These organizations have been at the forefront of helping state courts and bars study diversity issues and recommend meaningful steps to address the lack of diversity in the legal profession,” Delaware Supreme Court Chief Justice Seitz stated.Founded in 1971 by the Conference of Chief Justices (CCJ), NCSC is the organization that people turn to for authoritative services, knowledge, and information regarding the state courts and their operations. Headquartered in West Chester, Pennsylvania, AccessLex Institute is a nonprofit member organization composed of the nearly 200 American Bar Association-approved nonprofit and state-affiliated law schools.AccessLex has knowledge and understanding of the diversity issues facing law schools and the legal community. AccessLex has been instrumental in helping states and other entities develop pipelines and other initiatives to support aspiring lawyers and law students in becoming licensed members of the legal profession, a release noted.Seitz continued: “With Supreme Court Justice Tamika Montgomery-Reeves as a co-chair, we are going to study diversity issues in the Delaware legal community from top to bottom. We need to ensure the public is being served by a high-quality legal profession that reflects the diversity of our society. I recognize it will take some time. But we’re excited to get started. I know our effort will make Delaware a national leader in tackling diversity issues and bring us closer to the goal of a diverse and welcoming legal community in the First State.”Gov. John Carney recently came under fire from a group known as Citizens for a Pro-Business Delaware for not nominating a black member to the Court of Chancery after Vice Chancellor Montgomery-Reeves moved to the high court.Citizens is a group tied to TransPerfect, a company that went through a dispute over ownership in Chancery Court.
Delaware Supreme Court Chief Justice Seitz Creates Bench and Bar Diversity Project!
Dear Friends,
The history books will never give TransPerfect employees credit, but make no mistake, they took on, what I consider, blatant corruption in Andre Bouchard’s Chancery Court, and have successfully driven change. In my view, without the tenacity of TransPerfect workers, the Chancery and most of the Delaware judiciary would have remained all-white for years, perhaps decades. TransPerfect employees deserve 100% of the credit for integrating the Delaware court system from a racial and gender perspective.
Behold…
C.J. Seitz’s now officially recognizes the problem. Coincidence? Or did the screams of Bouchard’s victims and their families become too much to bear… I think the latter.
Furthermore. I hate to break this news everyone, but cases in Chancery in front of Bouchard were decided by who Bouchard’s elite political friends were – including his Selenium prep school buddies, as I understand it based on my research. Cases were not decided on the witnesses, the testimony, or the evidence during his entire reign and the evidence is overwhelming, as I see it.
This illegal back scratching was bound to end someday, but the powers that be eventually heard the cries of TransPerfect’s oppressed workforce, and Chancellor’s ouster ensued.
Chancellor Andre Bouchard was the quintessential reverse Robin Hood, stealing from the poor, and lavishly bestowing riches upon his elite circle of socialites. How powerful was Bouchard? Powerful enough to be protested by minority workers all day in front of the Court House, with a giant Inflatable Rat named “Douchard,” – and according to my sources – he was so powerful that he personally got all media coverage of the protest blacked out – and hidden from the public.
Is there any American that believes a powerful judge of questionable ethics should have veto power over what the News Journal prints? It’s disgusting and un-American.
Seitz just announced a diversity project, to review racism in Chancery and other courts?
Enjoy this past Sunday’s ad and the full article below.
As always, your feedback is welcome.
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Bench and Bar Diversity Project announced
By Delaware Business Now
May 17, 2021
Delaware Supreme Court Chief Justice Collins J. Seitz, Jr. announced the Delaware Bench and Bar Diversity Project.
This project, launched in collaboration with the National Center for State Courts (NCSC) and AccessLex Institute, will be led by a steering committee composed of judicial officers, individuals, and organizations working to build and sustain a more diverse Delaware bench and bar.
The Project is the first of its kind strategic effort to address diversity issues in the legal field, a release stated.
The project will make recommendations that will help attract and retain diverse members to the Delaware Bench and Bar.
“The National Center for State Courts and AccessLex Institute are committing their formidable experience, expertise, and resources to support our project. These organizations have been at the forefront of helping state courts and bars study diversity issues and recommend meaningful steps to address the lack of diversity in the legal profession,” Delaware Supreme Court Chief Justice Seitz stated.
Founded in 1971 by the Conference of Chief Justices (CCJ), NCSC is the organization that people turn to for authoritative services, knowledge, and information regarding the state courts and their operations. Headquartered in West Chester, Pennsylvania, AccessLex Institute is a nonprofit member organization composed of the nearly 200 American Bar Association-approved nonprofit and state-affiliated law schools.
AccessLex has knowledge and understanding of the diversity issues facing law schools and the legal community. AccessLex has been instrumental in helping states and other entities develop pipelines and other initiatives to support aspiring lawyers and law students in becoming licensed members of the legal profession, a release noted.
Seitz continued: “With Supreme Court Justice Tamika Montgomery-Reeves as a co-chair, we are going to study diversity issues in the Delaware legal community from top to bottom. We need to ensure the public is being served by a high-quality legal profession that reflects the diversity of our society. I recognize it will take some time. But we’re excited to get started. I know our effort will make Delaware a national leader in tackling diversity issues and bring us closer to the goal of a diverse and welcoming legal community in the First State.”
Gov. John Carney recently came under fire from a group known as Citizens for a Pro-Business Delaware for not nominating a black member to the Court of Chancery after Vice Chancellor Montgomery-Reeves moved to the high court.
Citizens is a group tied to TransPerfect, a company that went through a dispute over ownership in Chancery Court.Dear Friends,
It is my opinion that Delaware’s former Chancellor, Andre Bouchard, as its equity Court Judge did Delaware no good and clearly was biased and subjective in some of his cases, especially the TransPerfect case. I first noticed Bouchard, when he seemed to have great difficulty in appointing a viable and efficient Deputy Register of Wills person for the Sussex County Register of Wills office and ignored the elected Registrar, Cindy Green’s recommendations which to me seemed political and unprofessional. After 4 appointments with incompetence happening on every level from Bouchard’s placements, I criticized him fervently.
Instead of giving me a reasonable explanation, He actually wrote me a letter (unheard of in the Legal/Judge world) telling me about his power involving the Register of Wills office. Frankly, he got my undivided attention immediately, and I began researching him and his cases. He probably regrets that arrogant communication to me—LOL. I happened upon the TransPerfect case, and observed the most biased and subjective jurist, I had ever seen in my entire life in Andre Bouchard. The rest is history.
I have received hundreds of emails from the many folks who are members of the Coastal Network. I have pulled a lucky seven sample for you to read. They are indeed flattering. I appreciate your continuous feedback. Please scroll down to read the nice compliments. I took off your names to protect your identity. Thank you. I’ll share more in my next column.
Respectfully Yours,
Judson Bennett-Coastal Network
Feedback on my Recent Column:
In Honor of Andre Bouchard’s Delaware Ouster,
TransPerfect Gives $3 Million in Bonuses to Its Employees
We know we can trust you, Judson.
You had such impact with this crooked guy getting pushed out at the top.
Thank you for all you do.
-J
You knew this guy was no good from day one!
I don’t know how you knew, but you knew.
Keep up the keen insights. I’ll keep reading.
-P
Seems like Chancellor Bouchard has been sent to pasture.
I wonder if he’s going to come after you?
All around good job, Judson. You should be proud.
We love your emails. Stay safe.
-J
He was always suspect with the way he operated and you didn’t relent.
We so appreciate your good work. Please keep us informed.
All the best,
-E
YOU DID IT!
Thanks for all your magnificent research and expose’ of Bouchard!
-F
Heard some of it–Great Job Judson in helping to rid Delaware of Bouchard.
He is truly unethical.
-J
Outstanding commentary.
You certainly were right on in your opinion
Congratulations, Delaware is really corrupt!
-D
Thank you everyone for all of the wonderful feedback! I’ll share more in my next column!
OPINION
Dear Friends,
There has been so much activity over the past two weeks as Andre Bouchard and Delaware’s once-vaunted Chancery Court parted ways and honestly, folks, not a moment too soon. While he acted as chief dictator, as I see it, he did everything in his power to divert money from TransPerfect over to his cronies at Skadden Arps in ways that were, in my view, good-old-fashioned highway robbery.
In my opinion, these bills were so padded and so unreasonable, that despite the not-so-secret special relationship Skadden seemed to enjoy with Bouchard as his former employer, he still had to dock them over 15%, or $625,000, to keep up legitimate appearances, right?! Folks, trying to steal that amount is a felony in most states, except perhaps in Bouchard’s Delaware. “The Delaware Way” is alive and well in the first state. Isn’t attempted over-billing just plain fraud?
Remember the unprecedented Delaware Bar Association presentation that publicly attacked Philip Shawe and protected Bouchard and Skadden Arps? We, from Delaware, who have watched this protection operation continue over the years, shake our heads. I now call for a Bar Association investigation of Skadden’s billing practices in its entirety involving TransPerfect and Bouchard’s continuous connection. Bet it will never happen!
Please keep the feedback coming, folks. It is always welcome.
Respectfully Yours,
JUDSON Bennett-Coastal Network
Skadden Docked Over $625,000 in Unreasonable Fees Based on TransPerfect Objections
In Last Official Act as Chancellor, Andre Bouchard Reduces Custodian Bills to TransPerfect by Over 15%
NEW YORK & WILMINGTON, Del.–(BUSINESS WIRE)–
Today, TransPerfect announced that it has achieved a 15% reduction in outstanding fees sought by Robert Pincus, the ex-Skadden partner who occupied TransPerfect as custodian for more than three years. TransPerfect believes the decision validates claims that Skadden, acting as a State Actor, had engaged in unethical billing practices and fee gouging.
Skadden, Chancellor Bouchard’s previous employer, came under national criticism during its three-year occupation of the translation industry’s largest and most successful company. Practices included multi-million dollar invoices labeled with only “legal services,” containing no specificity or support for the alleged work. Upon being ordered to disclose the nature of these fees, it was determined that Skadden overbilled TransPerfect by more than 15%.
“It’s unfortunate that Chancellor Bouchard had to wade through eight years of darkness, until his last day in public office, to finally see the light. I cannot help but wonder if it was the watchful eye of the Federal Courts that kept Bouchard in check,” stated Phil Shawe, President and CEO of TransPerfect. During the company’s eight-year battle in the Chancery Court, Bouchard and the Delaware Courts forced TransPerfect owners to spend approximately $244 million in legal and custodian fees so that one partner could be bought out for $285 million in after-tax value. This amount was less than many voluntary offers to settle the dispute dating as far back as 2016.
U.S. District Court Judge Mark Kearney recently ruled that Chancellor Bouchard had “ordered TransPerfect to pay approximately $44.5 million in undocumented fees and costs.” TransPerfect continues to explore its legal recourse based on this finding and others.
In closing, TransPerfect’s corporate counsel, Martin Russo of Russo PLLC said, “Notwithstanding the unnatural relationship between the Chancellor and his former employer and his clear bias, Skadden’s fees were reduced by more than 15%. That indicates to me that TransPerfect is entitled to a minimum of $2.25 million in further reductions on Skadden’s still-undisclosed bills of more than $14 million, rubber stamped by Bouchard and not reviewed by any party or even the judge.”OPINION
Dear Friends,
Look at this Bloomberg Law story below, folks. Once you understand the reality, if it doesn’t piss you off, I don’t know what will. This is the way it appears to me: Apparently former Chancery Court Chancellor Andre Bouchard got filthy rich on the backs of workers and shareholders? It’s outrageous and it should make you mad, and it sure angers me.
The main issue is the hypocrisy of Andre Bouchard who did all he could in my opinion to flood the Chancery Court with disruptive litigation involving insipid, non-complete voting proxy information, when he was in private practice, but when he became a judge, so much of his adjudication in my view, required certain presentations to be “plainly material” rather than the supportive material, which was officious and over-burdened the overall court operations. However, once he was a judge, Bouchard’s “material requirements” were, as I see it, just another way to reward his cronies because it was specific in his direction how to proceed, as happened in the billing disputes in the notorious TransPerfect case?
As far as I can tell, this man’s business experience before being a judge was running a 5-person law firm, which was the business equivalent of an ambulance chasing a plaintiff’s firm. How did Delaware ever consider this man competent to make decisions affecting thousands of workers? One reason is, the vetting process was non-existent and the appointment process is political. I think the whole Senate hearing on Bouchard lasted about 15 minutes?
While the article is complicated, the main point is that through legal angles used by many Delaware lawyers to pump up their financial achievements to the max, amounts to a TAX—a litigation tax, “Pay a Lawyer Tax”, when litigation should not be necessary, indeed helped along by Bouchard when he was in private practice and made into a material evidence requirement when he became Chancellor? Just more of the “Delaware Way”, folks!
Let me know your thoughts on this and keep the feedback coming! I always appreciate all of your support and kind words, especially so over the past month.
Remove the ‘Litigation Tax’ on Public M&A Transactions
May 7, 2021, 4:00 AM
The number of merger and acquisition-related lawsuits claiming a merger proxy sent to public stockholders omitted material information will continue to increase—especially in the SPAC era, Vinson & Elkins’ Michael Holmes predicts. They unnecessarily clog already busy courthouses and act as a “litigation tax” on companies and stockholders, he says.
In recent years, the vast majority of mergers and acquisitions of public companies have been subjected to not just one, but multiple lawsuits claiming that the merger proxy sent to public stockholders omitted material information. Our experience in the SPAC-era suggests that the incidence of these cases will only increase.
Certainly, there is nothing wrong with seeking judicial redress for legitimate allegations of inadequate disclosure or unfair process (and indeed we litigate and try many such cases). But most of these cases are unoriginal, regurgitating the same laundry lists of alleged omissions from one case to the next.
Their ubiquity calls into question the legitimacy of all suits challenging a merger, meritorious or not. Worse, they unnecessarily clog already busy courthouses and act as a “litigation tax” on companies and their stockholders. Reform is needed.
Meaningful Disclosure Lawsuits Are Rare
Disclosure lawsuits are hardly new. In the late 1990s, these lawsuits were often intellectually stimulating and hotly contested. Thanks to the sort of erudite decisions for which the Delaware Court of Chancery has become known, disclosure law has become fairly well-settled. Consequently, meaningful disclosure lawsuits are few and far between.
Yet, the suits remain prolific. Up until a few years ago, these cases were most often resolved through an early settlement in which the defendant company would make additional disclosures and pay attorneys’ fees approved by the court (often in the mid-six figures) in exchange for a release by the plaintiff on behalf of all other stockholders of claims relating to the transaction.
Though subject to confirmatory diligence by the plaintiff and court approval, these settlements were nonetheless viewed with skepticism. As recognized by a 2014 New York trial court opinion in City Trading Fund v. Nye, defendants agreed to these settlements not because the claims had merit, but because settling almost always cost far less than the amount required to litigate and it removed any risk, however remote.
Fed up with the proliferation of these lawsuits and their pernicious effects, Delaware’s Court of Chancery (once the primary forum for these cases) adopted a heightened standard for reviewing settlements in 2016. InIn re Trulia Inc. Stockholder Litigation, Chancellor Andre Bouchard required that additional disclosures be “plainly material” rather than simply additional helpful information in order to warrant payment of the plaintiff’s attorney’s fees. Trulia had the desired effect of rendering such lawsuits almost extinct in Delaware.
Unfortunately, Trulia did not stop the lawsuits from being filed elsewhere. Though the fees paid to plaintiffs’ counsel are now less than they used to be and though a smattering of courts, such as the New York opinion referenced above, have rebuked these lawsuits, they continue to flourish.
A recent study by Cornerstone Research reflects that more than 80% of public M&A transactions announced in 2018 were subjected to more than one of these sorts of lawsuits, and my personal experience suggests that number has grown, particularly with the increase in public M&A deals caused by the recent SPAC phenomenon.
As for the most popular forum, it’s federal court, where more than 90% of all such lawsuits are now filed, asserting the same sorts of alleged omissions as were asserted in Delaware only under the federal securities laws (as opposed to the fiduciary duty claims asserted in Delaware).
Today’s resolutions almost never require court approval. Cases are resolved through out-of-court “mootness” settlements in which the defendant makes some additional disclosures and then in some cases pays the plaintiff’s lawyer a so-called “mootness fee.”
Reform Recommendations
Reform is necessary, and there are many ways to do it. Perhaps the easiest would be for the federal courts to require approval of any mootness fee under a uniform, heightened standard akin to Trulia.
A recent Southern District of New York opinion issued in connection with Energy Transfer LP’s acquisition of SemGroup Corp. (a case in which my firm represented the defendants) denied any fee in connection with mooting disclosures based on the court’s finding that disclosures of the sort plaintiffs regularly seek in these cases do not impart a “substantially benefit” to stockholders.
In that case, however, the defendants had to contest the fee request to obtain redress, which many defendants understandably elect not to do based on a cost-benefit analysis. If federal courts made such review mandatory, it would likely lessen the incidence of these cases just as Trulia did in Delaware, while at the same time protecting colorable claims. There is some precedent for this approach in how we currently treat derivative lawsuits, the dismissal of which requires court approval.
Assuredly, there are many options that could further limit filings, including requiring a plaintiff verify complaints under penalty of perjury, providing justification for the voluntary dismissal of such lawsuits, and lowering the bar for defendants to obtain an award of attorneys’ fees with respect to lawsuits deemed to seek only additional, immaterial information.This column does not necessarily reflect the opinion of The Bureau of National Affairs, Inc. or its owners.Write for Us: Author Guidelines
Author Information
Michael Holmes is vice chair-elect of Vinson & Elkins and serves as the co-head of its Complex Commercial Litigation practice. He is also a member of the firm’s management committee.
and Falsehoods About the Free State of Florida!
Dear friends,
I am somewhat annoyed.
This communication will be directly to the point. Recently, I have heard considerable disparagement from the left about voter suppression laws in Florida and Georgia ! I even had an intelligent friend and business associate claim to me that the voting laws in both Florida and Georgia were discriminatory and suppressed black voters? Even President Joe Biden said the same thing, and worse, claiming that the new Georgia voting law “was a return to Jim Crow!”
Folks, these accusations are blatantly false without a thread of truth or evidence. As a matter of pure fact, the new Georgia voting laws and Florida’s existing laws give innumerable opportunities for everyone to be able to vote with designated early voting. In Georgia, you do not have to give a reason for voting absentee (you do in Delaware);you simply have to prove who you are with a valid picture ID. Delaware does not have early or extended voting as do both Georgia and Florida. Other than requiring a picture ID, when you vote on election day or during early voting, there is absolutely nothing restrictive or suppressing about these laws! Absolutely Nothing!
Unless, the left or those who are intentionally misrepresenting the truth, or those who have been lied to, believe that African Americans are not mentally capable of getting picture IDs, then that could be the only possible objection to these laws or could it be that the left wants to be able to cheat! Why would anyone possibly object to having a picture ID in order to vote? How is that restrictive? Which is it? Frankly, do you know many or any folks for that matter– black or white– who don’t have picture IDs? Do you believe that black people in Georgia are not capable, therefore they need special privileges? I don’t know anybody who doesn’t have a picture ID ! Folks it is bull shit, it is evil, and it is beyond wrong in its insidious development. Absolute vicious propaganda !
One last thing, Joe Biden’s state and my old state of Delaware, do not come close to the liberty and extensiveness of both Georgia’s and Florida’s voting regulations. The Hypocrisy of the left holds no bounds. If I was an African American, I would be insulted by the label that is being purveyed by these grotesque falsehoods indicating that African Americans are prevented in any way, shape, or form from voting, as are any other citizens ! Folks, indeed they are not and voter equality is paramount in both Georgia and Florida ! You just need a picture ID and you need to register. We all have done it.
I challenge anybody to prove otherwise! YOU can’t !
That is all I have to say about that. As always your feedback is welcome and appreciated.
Respectfully yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]OPINION
Happy to report on good news, folks. What a feel good story for the thousands of workers FORMER Chancellor Andre Bouchard terrorized for years – and stole their raises and Christmas bonuses, and converted over $50 million to his friends at Skadden and his other cronies.
I’ve developed more contacts inside TransPerfect’s 6,000 person organization than any other reporter over the years. I learned TransPerfect is giving ALL its workers a total of $3 million in “anti-corruption bonuses” to celebrate Bouchard’s ouster and the lack of state-sponsered looting, that the company expects will end under Delaware Chancery Court’s new regime.
Further, I obtained from an inside source, an actual copy of the April 1st INTERNAL MEMORANDUM in which company CEO Philip Shawe announced the bonuses to TransPerfect’s 6,000 workers!
WHAT A FEEL GOOD STORY!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett-Coastal Network[/avatar]
Text of Company Memo below:
TransPerfect Team,
It’s been a year since everything changed, and while there is optimism on the horizon, the world continues to weather the storms of 2020. In the wake of inexorable change, relentless adversity and living in a society forced to reckon with its own harsh realities, TransPerfect team members have pulled together for each other, our communities, and our clients. I am both incredibly proud and grateful for the way you have persevered.
As we begin the second quarter, I wanted to share some important updates from our internal scoreboard:
TransPerfect 1 – Tolerating Racism 0
TransPerfect unconditionally condemns all forms of violence, discrimination, racism, harassment, and xenophobia. We stand in solidarity with our colleagues of Asian and Pacific Island descent and with API communities across the globe. The recent murders of eight individuals in Atlanta-six of whom were women of Asian descent-as well as the despicable assaults that have taken place in cities across the U.S., most recently in New York this week, remind us of the dangers that minority communities continue to face.
TransPerfect’s Diversity & Inclusion Oversight Committee (DIOC), which is comprised of employees from various departments and locales around the world, will continue its efforts of building on our own commitment to diversity as a defining core value. This team will ensure that content focused on being an anti-racist organization is a core component of our Diversity Month programming, which is slated for release in May (more information on this to follow).
As I’ve said before, nothing is more important than your health, safety, and well-being. If you feel you are in need of assistance in this regard, I encourage you to reach out to your supervisor, our Senior Management team, HR, or me directly. Please know that I stand with you and all of the members of our global team.
TransPerfect 1 – Stagnation 0
While I’ve missed being able to coach in person over the past year, part of TransPerfect’s success lies in its focus on growth. For businesses to withstand the test of time, growth is not an option, it is a requirement. Profitable growth creates interesting and varied career paths, allows team members to share in the company’s success via raise budgets or other incentives, and provides an objective measurement to tell whether or not the value of the services and technology we provide our customers is increasing.
I’m pleased to report that Q1 2021 is on track to be our best-ever start to a year. What will be particularly impressive about whatever growth rate your teams achieve in Q1 (March billing is still pending), is that it will be 100% organic growth. By our definition, the revenue from our merger-partners is only counted as M&A revenue if the merger occurs in the current year or the previous year. With Covid putting a halt to M&A activity in 2020, all revenue growth your teams create in Q1 will be considered organic, which is all the more impressive.
If everything that is possible to bill in our systems actually gets billed in March, we’ll have a chance to break $80 million in a single month-for only the third time in history. Please be conscious of this potential milestone as we bring Q1 to a close.
TransPerfect 1 – Too Busy for Vaccination 0
As a policy, TransPerfect does not give health, tax or legal advice to team members. However, we do know enough to recognize that the world is not an equal place when it comes to the distribution of the COVID-19 vaccine. If you are fortunate enough to have access to the vaccine, and you wish to get vaccinated-please do not let a busy work day deter you. Your health and safety are of paramount importance to TransPerfect and its management team. As with any health-related matter, if you feel you are too busy at work to tend to it, please talk to your manager, and they will work with you to make time.
TransPerfect 1 – Corruption 0
The public battle waged between TransPerfect and its employees on one hand, and Chancellor Andre Bouchard and a cabal of Delaware aristocrats on the other hand, will come to an end on April 30th. Amidst controversy from his handling of the TransPerfect case, the Chancellor will resign at the end of this month. For those of you who don’t understand why this is important, or how it affects you personally, this may help explain: the amount of money Chancellor Bouchard has ordered TransPerfect to pay to court agents (many being members of his social circle in Delaware) for their unwanted “help” now stands in excess of $50 million. Furthermore, during this 3+ year government occupation of TransPerfect, no employee was allowed to see these bills or even know what work was alleged to have been done.
The reason this affects you, and every other TransPerfect team member, is because the funds that the judge so capriciously doles out to his cronies is hard-earned money that the company was paid in exchange for your hard work providing services and technology to our clients. A team with lesser character and grit wouldn’t have survived, or would have been gobbled up by a competitor. Instead, TransPerfect rose up to meet every challenge-including this existential threat-and extended our growth streak to well over 100 quarters. Thanks to your professionalism and diligence, we are now approaching our 30th consecutive year of profitable growth.
In closing, as the Delaware Chancellor resigns his position with over five years remaining on his term, I can’t help but imagine what the fictional character Omar Little of The Wire might say to Bouchard if he were witnessing these events… perhaps, “You come at TransPerfect, you best not miss.”
TransPerfect Team Members 500 – Old Boys Club of Delaware 0
TransPerfect prides itself on being a Meritocracy. For that reason, we generally don’t like compensation items in which every team member is treated the same-we call these “equalizers” and they are generally frowned upon. However, there are certain moments in history that are rallying cries and a call-to-arms. Chancellor Bouchard’s early retirement is one of these times-for far too long, he has ordered us to pay too much of our profits, for no value, to those inappropriately close to him.
In Chancellor Bouchard’s final days on the bench, I fully expect that he will write more orders with inflammatory rhetoric, and attempt to force us to pay millions more for nothing. But, “this too shall pass.” To celebrate the end of the Chancellor’s painful and expensive stranglehold over TransPerfect, ALL of you who are full-time, benefits-eligible, and permanent employees as of his retirement date, April 30th, will receive a bonus of US$500.
If it was in my power to safely fly you all into New York to celebrate this occasion together, I surely would. But alas, I cannot, so instead please accept this bonus, and the eternal gratitude of our management team for seeing us through to this moment in history.
Onward and upward,
Phil Shawe, CEO and Founder
p.s. There is a widely known tradition in the United States and other parts of the world known as April Fool’s Day, in which, on the first day of April, it is customary to play jokes on one another. For the avoidance of doubt, this communication is in no way a joke, except for maybe the Omar Little quote-it is actually Ralph Waldo Emerson. Thanks again everyone.OPINIONDear friends,Folks, yet another Skadden Arps fees article came to my attention. Overbilling was an issue in the TransPerfect case where Skadden actually billed for preparing bills?! Chancellor Andre Bouchard’s former employer Skadden was the beneficiary in the TransPerfect case in Delaware as a federal judge ruled that there were “$44 Million in undocumented fees” in that case.Please read the story below and you’ll see that yet again Skadden agreed to a fee adjustment. How are they able to get away with this sort of thing again and again, folks?! Our elected officials or perhaps the Delaware Bar Association should look into this? As in the case below, TransPerfect was able to recoup a percentage (15% in their case) of fees. Let’s lead the way to make change! Please read the article below – which although subtle – furthers the picture as I see it, folks. Please send me your feedback, which is much appreciated. Respectfully yours,JUDSON Bennett-Coastal Networkhttps://www.law.com/nationallawjournal/2021/04/29/skadden-wilmer-and-dechert-agree-to-give-up-1m-in-fees-under-doj-settlement/Skadden, Wilmer and Dechert Agree to Give Up $1M in Fees Under DOJ SettlementThe firms said they have “agreed to resolve the matter in the interest of expediency.”By Andrew Maloney | April 29, 2021 at 01:39 PMU.S. Department of Justice building in Washington, D.C. June 6, 2020. Photo: Diego M. Radzinschi/ALMThree Am Law 100 firms have agreed to settle with federal authorities over disclosureconcerns in their representation of OxyContin producer Purdue Pharma.Skadden, Arps, Slate, Meagher & Flom; Wilmer Cutler Pickering Hale and Dorr; and Dechert have agreed to relinquish collectively $1 million in fees earned in bankruptcy cases on behalf of Purdue. The Justice Department’s U.S. Trustee Program stated they failed to disclose relevant ties to the Sackler family, which founded and owns the company.
You Will Be Missed By No One Except Your Cronies, Who You Made Rich Stealing From TransPerfect Workers
What this judge has done makes me sick folks. A real travesty for America’s First State and for our once prestigious Chancery Court. The last time a robed man abused his position this bad, the Boston Globe won a Pulitzer Prize for the movie Spotlight. Make no mistake, he was a rat until the end, a rat from his first day to his last.
Let’s understand this from the shareholders point of view. They have built this company for 30 years. That’s most of their lives! The half-owner got $285 million, and the court made them spend $244 million to get to that. So Elizabeth Elting, Philip Shawe and his mother Shirley Shawe all lost, and who happened to win here, folks? All the buddies of the judge. The custodian got $44 million and with this circus Bouchard got the other two parties in this battle to spend $100 million each in legal fees, so basically to generate $285 million, Bouchard had the parties spend $244 million.
Let’s understand something folks, I don’t know how he wasn’t taken out of the courthouse in handcuffs. Truly outrageous!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Skadden Docked Over $625,000 in Unreasonable Fees Based on TransPerfect Objections
NEW YORK & WILMINGTON, Del.–(BUSINESS WIRE)–Apr 30, 2021–
Today, TransPerfect announced that it has achieved a 15% reduction in outstanding fees sought by Robert Pincus, the ex-Skadden partner who occupied TransPerfect as custodian for more than three years. TransPerfect believes the decision validates claims that Skadden, acting as a State Actor, had engaged in unethical billing practices and fee gouging.
Skadden, Chancellor Bouchard’s previous employer, came under national criticism during its three-year occupation of the translation industry’s largest and most successful company. Practices included multi-million dollar invoices labeled with only “legal services,” containing no specificity or support for the alleged work. Upon being ordered to disclose the nature of these fees, it was determined that Skadden overbilled TransPerfect by more than 15%.
“It’s unfortunate that Chancellor Bouchard had to wade through eight years of darkness, until his last day in public office, to finally see the light. I cannot help but wonder if it was the watchful eye of the Federal Courts that kept Bouchard in check,” stated Phil Shawe, President and CEO of TransPerfect. During the company’s eight-year battle in the Chancery Court, Bouchard and the Delaware Courts forced TransPerfect owners to spend approximately $244 million in legal and custodian fees so that one partner could be bought out for $285 million in after-tax value. This amount was less than many voluntary offers to settle the dispute dating as far back as 2016.
U.S. District Court Judge Mark Kearney recently ruled that Chancellor Bouchard had “ordered TransPerfect to pay approximately $44.5 million in undocumented fees and costs.” TransPerfect continues to explore its legal recourse based on this finding and others.
In closing, TransPerfect’s corporate counsel, Martin Russo of Russo PLLC said, “Notwithstanding the unnatural relationship between the Chancellor and his former employer and his clear bias, Skadden’s fees were reduced by more than 15%. That indicates to me that TransPerfect is entitled to a minimum of $2.25 million in further reductions on Skadden’s still-undisclosed bills of more than $14 million, rubber stamped by Bouchard and not reviewed by any party or even the judge.”
Andre Bouchard going-away party, folks!
Friday, April 30, 2021 at 5pm EST
Register Now…
Folks, check this out… Here is a unique opportunity to understand the need for change in Delaware!
REGISTER HERE on this Google Link:
Or tune in at 5pm EST on April 30 on Zoom;
Zoom LinkMEETING DETAILS:Meeting ID: 992 9502 7231Passcode: 060354
Let me know if you tune in, folks!
Join the virtual party with me and celebrate a new beginning as the jaded is going out, and the refreshing is coming in with hope and equity for a better Chancery Court!
Join me and Citizens for a Pro-Business Delaware, Reverend Al Sharpton, Pastor Blaine Hackett, and other special guests on
Friday, April 30th for a virtual party to celebrate the early retirement of Chancery Court Chancellor Andre Bouchard.
REGISTRATIONS NOW OPEN FOR THE
FRIDAY April 30th VIRTUAL PARTY AT 5PM Eastern Standard Time
CELEBRATING CHANCELLOR ANDRE BOUCHARD’S
RETIREMENT FROM THE CHANCERY COURT.
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Respectfully yours, Judson Bennet, Coastal Network[/avatar]All things considered, after watching this guy in operation for years now, I wonder how much more will Andre Bouchard steal from TransPerfect in his last act as Chancellor?! In a fervent act of defiance, demonstrators intend to show their frustration by standing by an inflatable rat!
Perhaps these innovative and magnificent acts of defiance will stimulate much needed change in Delaware’s Chancery Court.
Please read the story below and send me your feedback.
Sincerely yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett, Coastal Network[/avatar]
**TOMORROW & FRIDAY – INFLATABLE PROTEST RAT & GRASSROOTS ACTIVISTS STAND OUTSIDE CHANCERY COURT TO PROTEST LONG-STANDING COURT FAILURES**
April 28, 2021 03:40 PM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Tomorrow and Friday, Citizens for a Pro-Business Delaware protesters and grassroots activists will stand alongside a 12-foot inflatable protest rat to denounce the ongoing failures of the Chancery Court, including utter lack of transparency and accountability on the court, as well as a continued lack of racial diversity.
Grassroots canvassers and concerned citizens will come together, in partnership with Citizens for a Pro-Business Delaware (CPBD), to call attention to the lack of racial diversity in recent justice nominations to the Delaware’s Chancery Court.
WHAT: PROTEST AGAINST LONG-TERM CHANCERY COURT FAILURES
WHO: Citizens for a Pro-Business Delaware members
WHEN: Thursday and Friday, April 29th-30th, from 10:00 am – 2:00 pm
WHERE: Delaware Court of Chancery, 500 N King St #1551, Wilmington, DE 19801
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “For years, Chancellor Bouchard and the Chancery Court have resisted any and all attempts at reform to make the court accountable to the people of Delaware, or representative of the people it claims to serve. Common-sense measures like cameras in the courtroom or randomized case selection and conflict of interest disclosures have not just been ignored, they’ve been scoffed at by Bouchard and Delaware’s “Old Boys’ Club” of powerful attorneys. And an outpouring of support from community leaders and civil rights advocates for a Black judge to be appointed to the Court have fallen on deaf ears. We’re standing outside the court because someone needs to say enough is enough. Delaware’s opaque and conflict-ridden courts will never fix themselves – it’s on us.
OPINION
Dear Friends,
An interesting story came across my desk, folks. The Associated Press article below by reporter Randall Chase, who I know, has a quote from Delaware Attorney General Kathleen Jennings, referring to the public trust apparently being violated by some high-level Delaware officials, who she recently indicted.
As I understand it, Jennings also recently served as a lawyer for Andre Bouchard, who in my view has violated the public trust. As Bouchard’s lawyer, being quoted about not violating the public trust is flat-out serious hypocrisy. “We cannot and will not tolerate violations of the public trust,” Attorney General Kathleen Jennings said, which I’ve highlighted in the story below. Talk about the pot calling the kettle black, folks!
It has long been my opinion that Bouchard’s subjective, biased handling of cases, as Chancery Court Chancellor, especially his abuse in the TransPerfect case, is absolutely unacceptable! Talk about violating the public trust, folks, with Jennings representing him and saying this with such audacity? Outrageous hypocrisy!
In my view, Bouchard stole that $244 million in legal and custodian fees from TransPerfect workers, and the Attorney General works FOR him, to defend allegations against him – and then prosecutes this other official for what is the equivalent of a mere parking ticket compared to Bouchard’s treachery. Only in Delaware, folks!
Read about this ludicrousness below in the Associated Press story.
Respectfully yours,
JUDSON Bennett-Coastal Network
By RANDALL CHASE
DOVER, Del. (AP) — A high-ranking state medical official who is also a former lawmaker has been indicted on charges of official misconduct and falsifying business records, Delaware’s attorney general announced Tuesday.
Rebecca D. Walker, director of nursing in the state Division of Public Health, is accused of submitting phony records regarding employee alcohol and drug testing over a period of almost five years while she served as deputy director of the state Division of Forensic Science.
A spokeswoman for the Department of Health and Socials Services said Walker was placed on paid administrative leave from her nursing post Tuesday, meaning she is still drawing her state salary.
“Beyond that, DHSS does not comment on personnel matters,” DHSS spokeswoman Jill Fredel said in an email.
As Democratic vice-chair of the House Health and Human Development, Walker co-sponsored and helped pass a bill in 2014 that created the forensic science division. Months later, without a public job posting, she was hired as deputy director of the division at a salary of more than $92,000.
“I firmly maintain a high ethical work standard and believe that my qualifications and background demonstrate I am well suited to help move this division forward,” Walker was quoted in a newspaper article as saying after taking the job.
The indictment issued Monday alleges that between May 2015 and February 2020, Walker “with the intent to defraud,” falsified employee substance abuse testing records, indicating that employees had passed tests they never received.
The alleged falsification occurred in the wake of an evidence-tampering scandal involving the former Office of the Chief Medical Examiner and its drug laboratory. That scandal caused upheaval in the criminal court system, resulted in the arrests of two employees and the firing of the medical examiner. It also led lawmakers to abolish the medical examiner’s office and replace it with the forensic science division.
Walker is charged with falsifying business records, offering a false instrument for filing, and official misconduct, all misdemeanors. She could face up to three years in prison if convicted.
Officials with the Delaware Department of Justice’s Division of Civil Rights and Public Trust, also announced the indictment Tuesday of William Freeborn, former executive director of the Wilmington Neighborhood Conservancy Land Bank.
Freeborn is accused of accepting at least $28,000 in unauthorized cash deposits between February 2019 and May 2020 for properties that he misrepresented as belonging to the Land Bank. He faces felony counts of theft by false promise and misapplication of property and a misdemeanor count of official misconduct. The offenses with which he is charged carry a maximum penalty of five years in prison.
“We cannot and will not tolerate violations of the public trust,” Attorney General Kathleen Jennings said in a prepared statement.
It was not immediately clear whether Walker or Freeborn have attorneys who could comment for them.
He Permitted His Former Employer to Bilk a Company: NOW What Will Delaware Do?
Now that the federal judge has found Chancery Court Chancellor Andre Bouchard guilty of ordering “$44 Million in undocumented fees” to his former employer, Skadden Arps, what will America’s First State do about this?
Will Delaware’s Good Old Boys circle the wagon to protect the outgoing Chancellor? Or will they investigate and rebuke? As 1,000 Citizens signed an anti-corruption petition asking our State to do?
How will Delaware handle this? Does he get fined over this? Does the $44 million get returned? What happens now that we know this money will not be available for the company and its employees? …but instead went to fund Bob Pincus’ purchase of Soccer Star Wanye Rooney’s luxury apartment in D.C.?!
Is it just, “Sorry, now we know our Chancellor is corrupt and ruined 5,000 workers’ lives for over 5 years, but we have no interest in policing our own?!” Tell your elected officials something must be done about this new “undocumented fee” finding to restore integrity to the courts, folks!
In my opinion, the words “undocumented fees” spoken by a Federal Judge, means Billing Fraud and Theft: Robert Pincus, Andy Bouchard, Leo Strine and Jennifer Voss. Will they ever be brought to Justice?
Please send in your feedback on this, folks. I’m curious to know what you think should be done!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett-Coastal Network[/avatar]
TransPerfect owner sees federal court ruling as victory
By Doug Rainey
April 20, 2021
The owner of TransPerfect said a federal court decision marked a victory in a suit against Chancellor Andre Bouchard.
A Delaware U.S. District Court ruling stopped short of intervening in the suit filed by TransPerfect owner Philip Shawe.
In another development, Bouchard issued a discharge order for the custodian appointed to supervise the sale of the company.
“We consider the ruling a victory in that the Federal Court found Chancellor Bouchard ordered TransPerfect to pay ‘$44 million in undocumented fees’ to his former law firm. It also put Bouchard and the Chancery Court on notice, which will help prevent future violations of civil rights,” TransPerfect owner Shawe said.
Martin Russo, lead attorney for Shawe remained critical of Bouchard: “The chancellor and his highly paid lawyers orchestrated the reversal of the offending order to game the system and avoid the finding of unconstitutionality in federal court. It is a clear admission of the inequity that was imposed upon TransPerfect and Mr. Shawe,”
The long-running case came after the 50-50 owners of the business services company, Shawe and Elizabeth Elting could not agree on a sale and the matter ended up before Chancery Court.
Bouchard appointed a custodian for the company who determined that Shawe should buy out Elting.
Shawe has been critical of the Chancellor and custodian’s actions throughout the process filed suit over what he viewed as a lack of details in billing for services performed by the custodian. Other suits were filed.
Also surfacing during the sale process was Citizens for a Pro-Business Delaware, an organization that called for reforms to the judicial system and demanded the appointment of a Black chancellor to succeed Bouchard.
Bouchard is retiring as Chancellor on April 30.Dear Friends,
Wow, I am so surprised that Robert Pincus has been appointed the “special master” of Crystallex’s sale of Citgo’s parent company in Delaware’s District Court. This is ludicrous, folks, just last week a federal judge called out Pincus and Chancery Court Chancellor Andre Bouchard’s shenanigans in billing “$44 million in undocumented fees.”
This is a prime example of cronyism and the Delaware “Good Old Boys” establishment taking care of its own, yet again. Pincus clearly has shown himself not to have the ethical fiber to do this job, in my view. I’m embarrassed for the state of Delaware to put him in charge of another company. It’s a criminal act by the state, folks. This company is about to get bamboozled and railroaded, based on what I’ve seen. That’s exactly how I see it.
It’s another example of these “Good Old Boys” taking care of themselves. How is this happening when he and Bouchard were just officially reprimanded for “$44 million in undocumented fees”? Yet here he is getting another appointment! In any other state, this would be investigated, but what happens in Delaware: You get a new cushy job!? They should be wary. It’s unbelievable, folks!
Please read the article below and send me your thoughts.
Respectfully Submitted,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett, Coastal Network[/avatar]
Citizens for a Pro-Business Delaware Slams Appointment of Robert Pincus as ‘Special Master’ in Crystallex Sale
April 16, 2021 11:58 AM Eastern Daylight Time
DOVER, Del.–(BUSINESS WIRE)–After recent news that ex-Skadden Partner and former Custodian of the TransPerfect sale Robert Pincus has been appointed the “special master” of Crystallex’s sale of Citgo’s parent company, Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey released the following statement:
“Congratulations to Bob Pincus for finding yet another unwitting victim for his egregious and excessive billing practices. After years of draining TransPerfect’s coffers to the tune of over $44.5 million, it’s no surprise that Pincus has found another trough to feed at. While we hope the District Court is more judicious in overseeing Pincus’ spending than the Chancery Court, which approved millions of dollars in fees without requiring him to say where the money was going or what for, we’re not holding our breath. This is yet another example of the Delaware old boys’ club rewarding its own without transparency or accountability.”The media is once again doing their news spin, folks, in the Federal Judge ruling in the TransPerfect case, painting it as a win for Andre Bouchard. Yet if you read the Law.com story below, you’ll see it’s a huge victory for TransPerfect as the federal court found that Bouchard ordered the company to pay “$44 million in undocumented fees.”
Whoa, folks, $44 million in undocumented fees?! That’s highway robbery in broad daylight! The company’s victory will help others not get screwed or bullied the way TransPerfect did in Delaware by greedy, manipulative Bouchard. TransPerfect is lifting the veil for all to see against Bouchard’s crony-istic, secretive Star Chamber Chancery Court. This has been long overdue folks.
The ruling is a “clear admission of the inequity that was imposed upon TransPerfect and (its CEO) Shawe,” the company’s attorney said in the story. It also forced Bouchard to open his confidentiality order, which may have been ruled unconstitutional if he hadn’t. As Shawe himself put it, “It also put Bouchard and the Chancery Court on notice, which will help prevent future violations of civil rights.”
Read the story below for the details. Is it any wonder why Bouchard is fleeing? As always, your feedback is welcome and appreciated.
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett, Coastal Network[/avatar]
A federal judge has dismissed TransPerfect’s claims against Chancellor Andre Bouchard, finding the U.S. District Court lacks jurisdiction and observing the potential for a federal declaration to interfere with pending state matters.
Judge Mark A. Kearney’s reasoning for dismissing the claims stemmed in large part from Bouchard’s decision to unseal billing documents.
Bouchard’s unsealing order, which came shortly after the lawsuit was filed, satisfied a key goal of the litigation begun by New York-based TransPerfect and its CEO, Phil Shawe.
Kearney’s decision followed a hearing at the end of March in which William T. Burke of Williams & Connolly argued on Bouchard’s behalf that the case was moot with state-level legal options available, while counsel for TransPerfect argued Bouchard’s handling of the fee petitions in the TransPerfect custodianship case in the Court of Chancery should be declared unconstitutional regardless.
TransPerfect and Shawe filed the federal suit alleging Bouchard’s order making billing records for a custodian confidential between November 2019 and January, when the order was lifted, violated their First and 14th Amendment rights.
Kearney found the court didn’t have the jurisdiction over the constitutionality of a confidentiality order that’s no longer in place, barring proof Bouchard is likely to reinstate the order. Without the claim moot and the ability to have an order make any actual change in the custodianship case no longer a possibility, any ruling on a First Amendment claim would be an advisory opinion only.
“So you may ask: no harm, no foul?” Kearney wrote. “The answer is yes at least in federal court relating to the First Amendment claim.”
The court found several reasons it was unlikely to assume Bouchard might reinstate confidentiality. First, the only unresolved issues in the custodianship case are those of the fees themselves, giving the court no clear reason to re-seal documents as the end of the case looms. Second, the window in which Bouchard could do so is narrow, as he’s scheduled to retire in less than a month.
As for the claim that TransPerfect and Shawe’s due process rights were violated, Kearney wrote the court couldn’t consider it either while the same issues are pending in the state court system. But unlike the First Amendment claim, he wrote, he disagreed with Bouchard’s counsel’s argument that the claim was moot.
“Our Court of Appeals instructs we should ‘not dismiss a case as moot,’ even if the nature of the injury changes during the lawsuit, if ‘secondary or collateral injuries survive after resolution of the primary injury,’” Kearney wrote. “Because we find such ‘secondary or collateral’ injuries asserted here, we decline to dismiss the due process challenges in the amended Complaint as moot.”
In total, Bouchard ordered TransPerfect to pay a $44.5 million in undocumented fees for custodian Robert Pincus, at the time with Skadden, Arps, Slate, Meagher & Flom, as well as $950,000 from an escrow account for Pincus’ work following TransPerfect’s sale’s closing.
“We consider the ruling a victory in that the Federal Court found Chancellor Bouchard ordered TransPerfect to pay ‘$44 million in undocumented fees’ to his former law firm,” Shawe said. “It also put Bouchard and the Chancery Court on notice, which will help prevent future violations of civil rights.”
TransPerfect maintains Bouchard’s rolling back the confidentiality order weeks after the federal suit was followed was done in an effort to eliminate the suit and that doing so served as an admission that the court didn’t have the authority to seal the documents in the first place.
“The Chancellor and his highly paid lawyers orchestrated the reversal of the offending order to game the system and avoid the finding of unconstitutionality in federal court,” said Martin Russo, Shawe’s lead counsel. “It is a clear admission of the inequity that was imposed upon TransPerfect and Mr. Shawe.”
Ryan Costa of the Delaware Department of Justice declined to comment on the case Wednesday.OPINION
Dear Friends,
It is my educated view, having an excellent education, being a student of history, having lived a long time, and served in almost every political capacity as a Republican District leader, elected official, lobbyist, delegate, candidate, and campaign manager, it is my sincere and passionate belief that Joe Biden is the most dangerous President in American history.
If his agenda which is partially controlled by the radical left is totally implemented, the United States will become a disorganized and unhappy place with limited opportunity for prosperity, will endure periods of loss of freedoms, and a life of anxiety and fear!
Here is what I believe the Biden administration seriously intends to do if they can:
1) Open completely the Southern Border allowing millions of illegal immigrants to come into our country, supported and financed by our tax dollars.
2) End completely the oil industry, killing millions of jobs. The Green New Deal will not work, wind, solar, and other creative energy sources are supplements only and will create disastrous energy shut downs, yet the costs will be astronomical.
3) Everyone’s taxes will be increased to the point that nobody will be able to achieve the American dream, only the big corporations and political leaders will prosper.
4) Freedom of speech will be eliminated, and you will not be entitled to voice your opinion publicly without dire consequences.
5) THE FILIBUSTER will be eliminated, allowing the Senate to pass any law it wants by a simple majority of one vote.
6) Stacking the Supreme Court with liberal judges that do not follow the constitution—guaranteed tyranny by the left.
7) Total reverse discrimination, implementation of Cancel Culture, and brainwashing of children in our schools.
8) Elimination of the 2nd Amendment, your guns will be taken away from you.
Folks, there is much more that is detrimental to America that Joe Biden and his cronies intend to implement if they can. The crimes he has committed and the lies he has told clearly indicate what he is capable of doing to control your lives and take away your freedom.
My concern is the apparent apathy that exists, even in the Republican party. I had a recent experience at a South Florida Republican meeting where the ignorance and arrogance was beyond belief and truly a formula for political disaster.
Folks, the danger is real and the America you know will be gone unless we prepare, organize, and overcome in 2022.
As always, your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
Congratulations to Vice Chancellor Kathaleen McCormick, who has been nominated by Delaware’s Governor John Carney to be the first woman, if confirmed by the Delaware Senate, to serve as the next Chancellor on the Delaware Court of Chancery.
Calling Chancellor Andre Bouchard’s 5-year reign an unethical trainwreck is an understatement in my opinion. Folks. I’ve intensely covered most of Bouchard’s tenure and I have indeed learned that his subjective rulings indirectly violated and plundered workers, enabling him to overstuff his pals pockets — and not just, in my view, his despicable and incompetent handling of the TransPerfect case — but many others as well. As I have said many times before, the job of a Delaware Chancellor is to provide fairness and equity, not to make rich his legal friends who litigate before him.
According to my research, Bouchard has been implicated in perceived, unethical conduct and appearances of impropriety, no less than 3 times in his career. Plus, if you count his “court-appointed” custoidan buddy from his former law firm Skadden Arps, Bob Pincus, whose billings are suspicious, and Jennifer Voss who represents Skadden Arps, trying to get paid for creating invoices – that number is so large, it is probably incalculable.
Worse than the perceived, upsetting stench of bias that Bouchard leaves in his wake, is the still unresolved issues that are extremely disturbing — some of which this, as I see him, failed Jurist should rule on before leaving office.
I am hopeful Kathaleen McCormick will lead Delaware to a better place and restore integrity and objectivity to the Chancery Court that Andy Bouchard is soon leaving.
My opinions and that of the Coastal Network and are based on my research and observations over the years. Others – connected to the Delaware operation and legal community – who wish to maintain the “Status Quo” may have a different viewpoint.
Please read the articles below from Delaware Business Times and Delaware.gov. As always your comments are welcome and appreciated
Respectfully yours,
JUDSON Bennett-Coastal Network
Read more: https://delawarebusinesstimes.com/news/carney-taps-mccormick-will/
Carney taps McCormick, Will for Chancery
WILMINGTON – Gov. John Carney has nominated Vice Chancellor Kathaleen McCormick to replace Andre G. Bouchard at the head of the vastly influential Delaware Court of Chancery.
Vice Chancellor Kathaleen McCormick
If confirmed by the State Senate, McCormick would become the first woman to lead the Court of Chancery, the non-jury court that is home to some of the nation’s most contentious and sensitive business cases.
Bouchard, who has served nearly six years in the top Chancery seat, is retiring as of April 30. During his tenure, Bouchard oversaw the expansion of the Court of Chancery from five to seven officers to hear a growing caseload.
McCormick and the governor have a prior connection, as Carney nominated her to serve as vice chancellor in 2018. Previously, she was a partner in Wilmington at Young Conaway Stargatt & Taylor, where her practice focused on commercial, corporate, and alternative entity litigation in the Court of Chancery.
“Vice Chancellor McCormick has the experience and good judgment necessary to serve as the next Chancellor of the Delaware Court of Chancery, and make sure Delaware’s preeminent business court is well prepared for the future,” the governor said in a tweet announcing the picks.
To backfill the vice chancellor opened by a potential McCormick promotion, Carney has nominated Wilson Sonsini Goodrich & Rosati attorney Lori W. Will. She has focused on corporate, commercial, and federal securities litigation, especially in the Court of Chancery, during her more than four years at the firm. Before joining Wilson Sonsini, Will was a senior associate in the litigation department of Skadden, Arps, Slate, Meagher & Flom LLP and served as a law clerk to then-Vice Chancellor Leo E. Strine Jr., who would later serve as chief justice of the Delaware Supreme Court.
With the Court of Chancery being the home venue to the legal disputes for the state’s more than 1 million legal incorporations, any appointments to the bench are scrutinized by corporate America. It is the judges, who are expected to have a large degree of business litigation experience, and not juries who hear the cases that involve shareholders, executives, and corporate boards.
The nominations were among a slate of judicial candidates offered by Carney on Friday afternoon, but Bouchard’s replacement was the fourth high-profile judicial appointment in about a year for Carney, who has already faced criticism from outside voices over the makeup of the state’s judiciary.
Carney appointed Delaware Supreme Court Chief Justice Collins J. Seitz Jr., the state’s top judge, about a year ago. That promotion – as Seitz was already a Supreme Court justice – led to a trickle-down effect that created appointments for Supreme Court Justice Tamika Montgomery-Reeves and Vice-Chancellor Paul A. Fioravanti Jr.
Throughout the latest appointment decisions, the Citizens for a Pro-Business Delaware (CPBD) advocacy group has lambasted the state’s lack of diversity on its top courts and even drawn the attention of civil rights leader Al Sharpton. The CPBD is bankrolled by Phil Shawe, the president and CEO of TransPerfect, a translation service company that was the center of a bitter 2015 Court of Chancery case between Shawe and his ex-wife Liz Elting overseen by Bouchard.
Despite their public push, including the purchasing of ads in The News Journal and on local radio, Carney’s nominations would, if confirmed, continue an all-white judiciary on the Court of Chancery. The governor did nominate Reneta Green-Streett to serve as a Superior Court judge in Kent County, where she would be the first Black woman to do so.
In a statement issued shortly after the picks were announced, State Senate Judiciary Committee Chairman Darius Brown said the “judicial nominations put forward today by Governor John Carney will bring much needed racial and gender diversity to the Delaware Judiciary … He deserves tremendous credit for this historic progress, and I look forward to confirming these eight highly-qualified and well-vetted nominees later this month.”
https://news.delaware.gov/2021/04/09/governor-carney-announces-judicial-nominations-3/Vice Chancellor Kathaleen McCormick nominated as first woman to serve as Chancellor
WILMINGTON, Del. – Governor John Carney on Friday announced a series of judicial nominations, which will be sent to the Delaware Senate for consideration:
Vice Chancellor Kathaleen McCormick will be nominated as Chancellor of the Delaware Court of Chancery. McCormick would be the first woman to serve as Chancellor and would replace Chancellor Andre Bouchard, who is retiring. McCormick was nominated by Governor Carney to serve as Vice Chancellor and confirmed by the Delaware Senate in 2018. Previously, she was a partner in Wilmington at Young Conaway Stargatt & Taylor, where her practice focused on commercial, corporate, and alternative entity litigation in the Court of Chancery.
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.
Opinion
Dear Friends,
I’ve said it before and I’ll say it again, folks, this old white guy is not a fan of all the calls for diversity, because as I see it it should be the best person for the job and really these decisions should be made without regard to race or religion. The fake operation in the Delaware system is frankly appalling to this former life-long Delawarean.
As we’ve seen, especially in recent years, the hypocrisy of Delaware’s Democrats – who preside over all-white courts yet claim to have Democratic values – turns my stomach. See the latest story on the “Citizens” group in the Delaware Business Now article, below.
Citizens for a Pro-Business Delaware (CPBD) again called for a Black to be appointed to Chancery Court following President Biden’s first round of historic judicial nominations in the federal courts.
Nominations included Judge Ketanji Brown Jackson to the U.S. Court of Appeals for the D.C. Circuit.
The group tied to translation services company TransPerfect has been calling for diversity in Delaware’s courts, and has been joined by the Rev. Al Sharpton and Pastor Blaine Hacket of St. John African Methodist Church.
Currently, Black Delawareans account for 15 percent of the judiciary and more than 21 percent of the total population.
“President Biden’s promise to affirm vacancies with qualified candidates from diverse backgrounds is historic and long-overdue. We are asking Governor Carney to give Delaware the chance to be a part of that history,” said Chris Coffey, campaign manager for Citizens for a Pro-Business Delaware. “Diversity on Delaware’s highest courts, starting with outgoing Chancellor Bouchard’s replacement, will lead to a more humane and trustworthy judiciary. Change is possible and it lies in the hands of Governor Carney and Chancellor Bouchard.”
Citizens was formed during a contested sale of TransPerfect. The group has gone on to become a harsh critic of the Delaware court system, campaigning on what it sees as a lack of racial equity.
It was especially critical of a decision by Gov. John Carney to nominate a white male to take the place of Black Vice-Chancellor, Tamika R. Montgomery-Reeves, who moved to the Supreme Court.
OPINION
Dear Friends,
Following up on the virtual Federal Hearing, presided over by a U.S. Federal Judge, which I listened to on Monday: The hearing was a continuation of the now-infamous TransPerfect case that has exposed corruption in Delaware’s once revered Chancery Court.
What was remarkable to this observer, from a different perspective for a change, the federal court Judge actually seemed dismayed that Delaware Chancery Court Chancellor Andre Bouchard was about to sign a “discharge order” that allowed his Skadden Aprs buddies to bill TransPerfect “forever” into the future?! If Kangaroo Court of Chancery was a virus, one could fairly say it is mutating to try to save its income stream!
It was more clear than ever in my view that Bouchard would use the U.S. as toilet paper, if it meant he could gift his pals an extra dollar. The only question is will he be able to hide behind the moniker of Federalism to escape justice.
OPINION
Dear Friends,
In what I see as breaking/eye-opening news, folks, Delaware Chancery Court Chancellor Andre Bouchard’s attorneys admitted his “good cause” requirement was not met for the sealing of Skadden Arps’ billing records. So one must ask themselves, why has Andre Bouchard been fighting with TransPerfect CEO Philip Shawe to keep the fine people in the state of Delaware in the dark?
See the story, “Attorney for Delaware Chancellor Argues TransPerfect’s Federal Case Is Moot, With State Level Options Available” from Delaware Business Court Insider for more details of yesterday’s federal court hearing on the famous TransPerfect case in Delaware.
It makes me wonder about exactly why Bouchard is retiring at the end of April? Will we ever find out what’s really going on here? Delaware should be concerned. I know I am folks. Are you? I am curious to hear your feedback on this one!
Scroll down to read the fascinating story, as the fight between TransPerfect & transparency versus Chancellor Bouchard and his secretive Star Chamber Chancery Court rages on.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
The lawyer for TransPerfect and its CEO said they have a right to be vindicated with a declaration that their First and 14th Amendment rights were violated through the handling of the case in the Delaware court.
By Ellen Bardash | March 29, 2021 at 06:19 PM
Arguments in TransPerfect Global’s federal case against the leader of the Delaware Court of Chancery focused Monday on whether or not the case is moot if action on contested custodianship fees can still be taken at the state level.
William T. Burke of Williams & Connolly said Monday in support of Chancellor Andre Bouchard’s motion to dismiss that the federal case is moot because due process has been satisfied in the custodianship case that continues in the Court of Chancery, while Jeremy Eicher argued TransPerfect, a New York-based software developer, and CEO Phil Shawe have a right to be vindicated with a declaration that their First and 14th Amendment rights were violated through the handling of the Chancery case.
The case hinges on a series of fees billed by custodian Robert Pincus and Skadden, Arps, Slate, Meagher & Flom which TransPerfect argues were unfairly made confidential and were for excessive amounts.
Burke argued Shawe and TransPerfect had been given sufficient chances to raise objections in the Chancery case through filings and at a March 2 hearing. If there’s a question of whether due process was followed or if Bouchard’s ruling on what was addressed March 2 is appealed once it’s been issued, he said, that would be up to the Delaware Supreme Court.
“In light of all of that due process, plaintiffs have been unable to allege in their amended complaint a single argument or a single objection that they were not able to raise with the chancellor as a result of the Nov. 1 orders,” Burke said. “The amended complaint is completely silent as to that. They allege prejudice, but they don’t actually specify any facts to support that conclusory allegation.”
For the case not to be moot, Burke said, Shawe would have to prove there was a reasonable expectation, not just a possibility, that Bouchard would make documents confidential again. But because Bouchard ordered the custodian to file all future fee petitions publicly and because the documents have already been publicly debated at the March 2 hearing, everything points toward Bouchard not reimposing confidentiality, Burke said.
On top of the facts of the case, Burke said it’s unlikely Bouchard would restrict documents simply because he wouldn’t have much time to do so, as he’s stepping down from the court in about a month and has expressed a goal of wrapping up the custodianship by that point. Though more fee petitions may be filed in the future, he said, that’s irrelevant to the federal case because Bouchard, the only defendant, will soon no longer be involved.
“We were encouraged that the judge’s questions seemed to indicate a concern that Chancellor Bouchard had only temporarily remedied his unconstitutional infringement on TransPerfect and Mr. Shawe’s rights and was determined to ensure that it did not happen again,” TransPerfect attorney Martin Russo said after the hearing. “Hopefully, he will issue an order that will protect free speech and due process going forward.”
Eicher said while TransPerfect does plan to take the issue to the Delaware Supreme Court, as well, U.S. District Judge Mark A. Kearney of the Eastern District of Pennsylvania should still make the declaration that the handling of the fee petitions was unconstitutional.
“The plaintiffs’ rights were violated. They were denied due process; they were denied the ability to participate in the first 14 and a half months of these proceedings because they were restricted by unconstitutional conditions,” Eicher said. “And as a result, they’re looking for a declaration that that is actually the case.”
Kearney was apparently surprised when Eicher said billing could continue after discharge is over in the custodianship case. Kearney stopped Eicher for clarification when he said fee petitions were going to continue indefinitely, saying it was his understanding a motion to discharge had already been filed and that meant the custodianship case was wrapping up. Eicher said while that’s accurate, Pincus will continue to bill TransPerfect indefinitely in what was called at the March 2 hearing a fee carousel.
“After years fighting, Chancellor Bouchard reversed his own gag orders immediately after I filed suit against him in federal court,” Shawe said. “To me, this leaves no question that my constitutional rights were violated. And it’s not only my personal due process rights and right to criticize the government that is at stake in this case, it is also the public’s right to know what conduct the government engages in.”OPINION Dear Friends, Folks, I’m outraged by what is happening in our Delaware TransPerfect case. In my view, there’s outright theft by Skadden Arps happening here, all anointed by Andre Bouchard and his Crooked Chancery Court. People have and should go to jail for stealing money when theft is happening. Skadden needs to be penalized, in my view. We’re talking padding of hundreds of hours in what amounts to millions of dollars, all under the guise of “reasonableness” by Skadden?? I’ve read up on this and as I see it folks is this Grand Larceny?! The criminal code says the more money you steal, the higher the penalty. Take the appropriate action, Mr. Bouchard! A Cornell Law School professor, considered a leading expert on professional responsibility and business ethics, says the Chancery Court-appointed Custodian in the TransPerfect case, Robert Pincus and his firm Skadden Arps, crossed a line by submitting bills that were too high or “unreasonable” while committing several ethical violations. The violations of the Delaware Code of conduct and overcharging by Skadden and Pincus were revealed in an affidavit in the case, where Cornell Professor Edwin H. Woodruff summarized the legal fouls. Woodruff, who clerked for the U.S Court of Appeals for the 9th Circuit, has been a Cornell law professor since 2006. Previously he was an associate professor of law at Columbia University and Washington and Lee University School of Law. The motion shows that Pincus and Skadden “crossed a line” in violation of the Delaware Code of conduct. Professor Woodruff explained the violations came during Pincus’ tenure at TransPerfect as Pincus “took unnecessary adversarial postures” against the company while refusing to explain Skadden fees. They even charged hundreds-of-thousands for their time to prepare bills for TransPerfect! Folks, this is outrageous and contemptuous! Chancellor Andre Bouchard needs to halt this – by his own former firm Skadden and former pal Pincus – while he still has the chance! He has a month left in office to right this wrong! To correct the hundreds of millions that have been stolen from TransPerfect and its employees as I see it it’s time for Bouchard to show that he isn’t a shill for his former firm! Millions upon millions have been siphoned off to his buddies. It’s time for Bouchard to do what’s right for all involved and the future of Delaware and the Chancery Court! Respectfully Yours, Judson Bennett, Coastal Network OPINION
Dear friends,
I received my 2nd vaccine shot on Thursday, March 4th folks, and here’s how my life has changed since. According to my physician, after receiving both shots, enough time has passed, that I should have a minimum of 93% immunity from the Coronavirus. It is a pleasure to feel comfortable just being able to sit down in a restaurant or actually have a date or do anything around other people. Bottom line I feel I have found newfound freedom.
Compared to other states, Florida is amazingly wonderful because of Governor DeSantis’ intelligent decisions. Our economy is cooking and there is a general sense of freedom and well-being here in the Sunshine State. The Moderna Vaccine is prevalent and folks are getting vaccinated in droves. Interestingly, thousands of people are pouring into Florida this month. The traffic is horrendous and it is prudent to allow an extra 40 minutes to get anywhere.
Folks, I have no idea how our future as a nation is going to progress and how bad is it going to get with Biden’s crazy directives. All I can say is right now, I feel better emotionally because I feel psychologically protected after getting the Vaccine. I urge you all to get vaccinated as soon as possible so we can develop this so-called herd immunity the TV doctors talk about.
Regardless, we must live to fight more than just this deadly Virus. We are going to have to fight to maintain our liberty and freedom from this grotesque, authoritarian, administration of President Joe Biden.
Always good to hear from you, so please feel free to respond.
Sincerely Yours,
JUDSON Bennett-Coastal Network
Chancellor Bouchard and Once-Proud Chancery Court In Shambles
Dear Friends,
Check out this news story below, all the way from Spanish newspaper Sueldos Publicos. This is brilliant journalism that captures the Chancery Court drama and corruption going on now in our once-proud, now broken equity Court. The lack of transparency and the cronyism by Andre Bouchard, in my view, has brought a bright spotlight of shame onto our Delaware Court of Chancery and to his Chancellor seat. It’s no wonder he’s resigning next month with more years left on his appointed term than he has served.
The story states bluntly, “Some outlets describe the state of Delaware as ‘the most secret tax haven in the world’ as it allows both legitimate companies and criminals to hide money through shell companies.” It’s more than outrageous that $250 million has been swindled from TransPerfect. Read the translated story below and send me your feedback, folks. Change is coming!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Delaware or how a state can sink its economic reputation with non-transparent decisions
In recent years, the reputation of this state of the United States has sunk due to a lack of transparency and opacity of the companies based there
JS Mill Jr.
@public salaries
Monday, March 22, 2021
Can you imagine that the Superior Court of Justice of a Spanish autonomous community had the power to seal judicial records, order forced sales of companies and act with a total lack of transparency? Well, something similar is happening in Delaware, United States, in one more episode that reaffirms the lack of administrative and institutional opacity of what was one of the leading states for the creation of companies in the United States.
In recent years, Delaware’s reputation has been sunk by the lack of transparency and opacity of the companies that do business in this state on the East Coast of the United States. It should be remembered that a part of your tax income comes from this activity. Therefore, if those investors who want to hide their fortune, but also criminals, detect that the state administration begins to demand accountability, origin of the assets and nature of the businesses, they will probably run with their fortune and savings elsewhere. . And Delaware is interested in keeping that income.
In this sense, the Division of Corporations is a public body within the Delaware Department of State. It is designed to make a smooth arrival to companies that want to install their headquarters in this State. As part of this accompaniment, it is in charge of protecting both its internal operations and the details about the approximately 1.5 million companies incorporated in this state, as indicated by the investigation of the digital newspaper Delaware Call . The business of creating new companies is booming , since in the last two years more than 200,000 new business entities have been formed, that is, about 550 a day, according to reports published by the Division of Corporations.
This body charges Limited Liability Companies and Limited Companies an annual franchise tax of $ 300 and corporations pay between $ 225 and $ 200,000 depending on the number of authorized shares the company has. According to published information, these taxes are hardly related to the operation of the companies’ assets. That is, we are talking about paying a fee to allow the existence of the firms and asking few questions.
Some outlets describe the state of Delaware as “the most secret tax haven in the world” as it allows both legitimate companies and criminals to hide money through shell companies, which has resulted in criminal activities such as money laundering and even human trafficking.
Criticism of this model came in the early 2000s, when the FBI began fighting corruption and tracking criminal activity . In 2009, a global coalition lobbied governments to lift the veil of business secrecy. Among them the Obama Administration . The objective was to present a battle against money laundering and tax evasion.
Delaware is one of the fifty states that make up the United States, formerly known as one of the most interesting states for business creation. It is a small area with a huge financial enclave. While its population does not reach one million inhabitants -973,764 inhabitants, according to the United States Census Bureau -, more than 1.3 million entities are registered in this territory. In other words, Delaware has more businesses than citizens . Its legal framework and jurisprudence are beneficial and flexible, which is why it welcomes huge multinationals such as Apple, American Airlines, Coca-Cola and Google, among others. For 36 years, the current president of the United States, Joe Biden, was a senator from Delaware, according to Biden’s file on the Casablanca website development (insert internal link). This small state was his place of residence before his move to Casablanca.
The TransPerfect Case
One of the most notorious recent examples of the one-sidedness and lack of transparency of the State of Delaware was the TransPerfect Case in which the judge of the Supreme Court of Delaware , André Bouchard , decreed the forced sale of a private company, with benefits, and unilaterally in an unprecedented move in the corporate arena.
Transperfect is a firm dedicated to the translation business and its second largest delegation worldwide is located in several cities in Spain. The firm closed 2020 with revenues of more than 700 million euros. In addition, it has offices in Barcelona, Madrid and Palma de Mallorca , with Spain being the second country in the world where the multinational has the most employees, only behind the United States.
The controversial decision of the judge endangered more than 4,000 jobs worldwide – more than 600 in Barcelona – since the sale of the company could have ended up in the hands of vulture funds that would not have hesitated to chop up the company and sell it, destroying wealth, wealth and the future of thousands of workers and their families.
Fortunately, the forced sale of the firm was resolved with the purchase of the majority shareholder who bet on improving competitiveness, attracting companies and generating employment. The case had a great media impact both in the US and in other countries, including ours.
The implausibility of the case not only undermined the reputation of Delaware and its institutions as a business-oriented state, it set off all alarms. The “opacity” with which Bouchard dealt with the issue was striking, since the judge concealed the judicial file months after the sale , something contrary to the current US legislative framework, and which fueled suspicions of irregularities in the process. more than 30 law firms, global investment banks and entities specialized in M & A’s (mergers and acquisitions) for the resolution of the conflict. All the expenses of the case had the approval of Judge Bouchard, who on occasion has affirmed to be friends with the attorneys who benefited the most from the forced sale of TransPerfect.
The US courts are investigating the judicial team that managed the company’s sale process due to a lack of transparency, possible conflicts of interest and even alleged discrimination during 2017, when the company was under their control. What’s more, irregularities committed while representatives of the Delaware Supreme Court led the company may also be addressed, such as the $ 250 million that allegedly disappeared from the firm’s bank accounts.
The company itself has stated on several occasions that the case is being investigated, which has resulted in them having to pay significant amounts of money to pay for this process.
As a result of this case, the citizen association Citizens for a Pro-Business Delaware . It calls for changes in the state’s judicial system, since there is a “dangerous lack of transparency” in it, according to the association’s spokesman, Chris Coffey. In addition, Coffey warns that this has a negative effect on his reputation and warns of the serious problem of revolving doors in the courts and law firms of Delaware. Citizens for a Pro-Business Delaware was created in 2016 by workers of the TransPerfect company with the aim of fighting against the sale of the company and fighting for transparency in the handling of the case by the Supreme Court.Dear friends,
Please check out the audio recording in the link below of a fascinating interview conducted by popular Wilmington, Delaware talk show host Rick Jensen with Citizen’s-group leader Chris Coffey. The discussion involves hopeful thinking about a celebration of sorts by TransPerfect employees, who will indeed be happy when Chancellor Bouchard finally leaves office!
Chancellor Bouchard has made TransPerfect miserable with his biased and subjective rulings, creating constant stress and uncertainty in the workplace. Discussions of little or no diversity on our Courts, Bouchard’s possible ruling on Skadden Arps’ controversial and suspicious billings for time preparing invoices, and a plethora of complaints about Bouchard’s Chancery Court were discussed.
I often communicate with Rick Jensen via e-mail, so I was glad to see he conducted this interview and was obviously prepped by my previous communications, as well.
Again. Turn on your sound, and click on the link below to listen to the fascinating and informative interview.
As always, your comments are welcome and appreciated.
Respectfully yours,
[avatar user=”Judson Bennett” size=”Thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network www.CoastalNetwork.com[/avatar]
After hearing the notorious law firm of Skadden Arps present, in my view, ridiculous and absurd information defending their suspicious billing practices, which included billing for time spent generating bills, to the tune of $200,000, I was frankly appalled. Additionally, millions of dollars were submitted for work not itemized — but blatantly approved by Bouchard — for work supposedly done by Robert Pincus, who was appointed as TransPerfect’s custodian by Bouchard. Pincus is a former business partner and pal of Andre Bouchard’s. Both worked at the scandalous law firm of Skadden Arps.
There are outrageous and unreasonable invoices here folks, without explanation as to what work was supposedly done? The looming question: How will Bouchard rule??
During a recent hearing, after both sides presented their evidence and positions, Bouchard ordered Skadden Arps to submit an affidavit validating and substantiating their bills. Bouchard, who has, in my opinion, offered nothing but subjective rulings and biased conduct throughout the entire case and has clearly involved himself in appearances of impropriety, now has an opportunity to offer a fair and equitable decision for a change!
Considering Bouchard is leaving his office next month — 7 years early — this may be his “swan song?” He has an opportunity to end this incessant nightmare of ripping off a talented entrepreneur like Philip Shawe and hurting bonuses and raises for TransPerfect workers. Will Andre be equitable for a change?!
If Bouchard rules that it is appropriate to create an invoice for the time it takes to generate bills, then he will be establishing a landmark precedent. Every lawyer in Delaware will go wild with their invoices! Bouchard offered a hint that perhaps this might be removed from being supported in the forthcoming Skadden affidavit? Was he also looking for substantiation of similar hourly rates in the Philadelphia/Wilmington legal market? TransPerfect has maintained throughout this entire ordeal that the $1,450 per hour that Robert Pincus was charging was not in line with local billing practices and the huge amounts were hardly in line with standard operating procedures. Apparently, according to my innumerable and reliable sources, Custodian Robert Pincus, who was Skadden’s operative, was hardly ever in the TransPerfect offices!
Folks, Delaware –the incorporation capital of the world — ironically now has the reputation of being business unfriendly? Bouchard, in his limited tenure, has severely hurt Delaware’s reputation through his subjective rulings in this case. As I see it, he made his friends and former partners rich on the backs of TransPerfect’s millions of dollars in forced legal fees. The purpose of the Court of Chancery is to provide equity, not utilize an opportunity to make your buddies rich from millions in punitive legal fees, that are unfair and without substantiation.
The way I see it, Bouchard can make a fair decision, compromise the billing, fix the problem, and rule in favor of TransPerfect. If he doesn’t, indeed his intentional short legacy, if you can call it that, will be considered in an extremely poor light. We will see what he does!
As always, your comments are welcome and appreciated.
Dear Friends,
The mask mandate issue has been all over the place. The controversial and ambivalent Dr. Fauci has been on both sides of the issue of mask importance. There’s logic and some science that masks help, according to the CDC guidelines. However, some masks have been proven to be useless, while other types are better. Although the enforcement can be ridiculously overdone, masks can be advantageous if worn properly, and the mask is not some insipid bandanna material that is nothing more than false security! I am ok with the mask mandate for now. Most businesses in those states that have lifted the mask mandate, like my newly adopted state of Florida, still require masks to be worn at all times.
I saw a quote from WDEL on Delaware Governor John Carney’s position about other states dropping the mask mandate: “I don’t think that makes a lot of sense — it’s certainly an ill-informed decision that might reverse some of the gains that have been made.” Once the majority of folks get vaccinated or get Coronavirus and survive, masks will not be necessary. I can live with it a little longer and agree with Carney on his take on masks.
Regarding lockdowns, unfortunately Governor Carney seems to be in constant lockstep with the unscientific lockdowns. Considering the authoritarian, unconstitutional mandates coming out of the White House, Delaware’s future worries me. Carney has been an authoritarian despot, who through his severe lockdowns, sent many Delaware businesses and individuals into financial ruin and emotional despair.
It’s time to open Delaware entirety Governor! Stop all the Gestapo crap. Rehoboth has had enough to deal with — more than any community should have had to deal with — especially shutting down our beaches and boardwalk this past summer and now having the major inconvenience of Joe Biden every weekend!
Please read the article below and send me your input.
Respectfully yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Some states are lifting mask mandates, not Delaware
By NICK CIOLINO
Coronavirus spread is decreasing in Delaware, but the message from state officials is still one of caution.
As the wave of COVID cases continues to ebb across the US and more of the population gets vaccinated, some states are lifting mask mandates and other economic restrictions.
Gov. John Carney calls this decision ill-informed, and says it may reverse some of the gains made in slowing the spread of the virus.
“It’s certainly not consistent with the guidance from the public health experts, the CDC, the NIH,” said Carney. “We’ve, kind of, taken the lead from them from the beginning and we’ll continue to do so.”
And state Public Health Director Dr. Karyl Rattay warns against mutations of the virus.
“We are seeing decreases or improvements in our numbers which is great, but we also are seeing some variants in our populations. We know that these variants—both the UK variant and the South African variant—are more contagious,” said Rattay.
The latest CDC guidance says it is safe for people who have been vaccinated to gather privately together without masks or social distancing. And Rattay says Delaware is adopting this guidance as well.
“That might be a group of four or six friends who might want to play cards, or, you know, have some sort of special gathering like that. If everyone is fully vaccinated, that’s fine,” she said.
Coronavirus metrics for community spread are the lowest in Delaware since the fall, and about 10% of the state’s population has been vaccinated so far.
It’s been almost a year since restrictions related to the virus were first enforced in Delaware.Dear Friends,
The press is all over the absurd and outrageous actions of Skadden Arps, the notorious law firm that makes John Grisham’s novel “The Firm” look like child’s play. Folks, can you imagine the audacity of a law firm actually billing and rationalizing the justification of charging a fee for generating an invoice.
The actions of Skadden in the TransPerfect case, through its operative Robert Pincus, should show the avarice and angling this company attempts to get away with, which in my opinion, creates a negative impression and suspicion of Delaware’s entire legal operation, especially those who feed off of the Chancery Court. This attempt by Skadden, operating in Delaware, to incorporate billing for the creation of an invoice should make all clients suspicious of Skadden and their billing practices.
IS THIS WHAT THE DELAWARE BAR ASSOCIATION SUPPORTS AND ADVOCATES????? Folks, the Bar association chose to publicly attack CEO Philip Shawe, TransPerfect, and a Citizens group advocating change, rather than play it straight with Delaware’s people or fix what is obviously corrupt, broken and incestuous.
Even Chancellor Bouchard, a former business Skadden partner and lawyer — who has clearly shown incredible bias and innumerable appearances of impropriety in the TransPerfect case — is now questioning the prudence and ethics of billing for the preparation of a bill. He ordered Skadden Arps to provide an Affidavit justifying these charges. Skadden has tried to wrangle $200,000 in addition to the outrageous $4.5 million in unexplained invoices. These sky-high amounts draw even more attention to the ludicrous $1,425 an hour that Pincus has been charging. Outrageous, folks!
Here below a Law.com article by Ellen Bardash, which nails the story.
As always, your feedback is welcome and appreciated.
Sincerely Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Chancellor Andre Bouchard said he intends to issue a ruling before he steps down from the post on April 30 and said no more fee petitions are to be filed until a decision is made.
By Ellen Bardash | March 03, 2021 at 01:20 PM
Attorney fees were at the center of a hearing Tuesday set to address the remaining issues in the TransPerfect Global custodianship case.
Jennifer Voss, a litigation partner at Skadden, Arps, Slate, Meagher & Flom, argued it was actions by TransPerfect and CEO Philip Shawe that contributed to the bulk of the fees billed by Skadden after the company’s sale.
But TransPerfect attorney David Goldstein of Rabinowitz, Boudin, Standard, Krinsky & Lieberman said the more than $3.9 million in disputed fee petitions wasn’t reasonable for the work Skadden was asked to do.
“Responding to Mr. Shawe’s barrage of improper filings and his frivolous assertions unfortunately gives rise to significant expense, which expense Mr. Shawe is now trying to force upon Mr. (Robert) Pincus,” Voss said, referencing the court-appointed custodian in the case who TransPerfect sued in Nevada, where it is now incorporated. “What they’ve essentially done now is bury Mr. Pincus in filings, in motions, in discovery requests. And when he turns to try to get paid for any of this, they say ‘no. You have to pay for your efforts to get paid.’”
Skadden has asked Bouchard in a petition for discharge to delineate Pincus’ indemnification rights, though Bouchard questioned how adding 20-plus pages to a case with an already extensive paper trail could make the process more efficient—a concept hammered home by TransPerfect counsel later on in the hearing. Voss said during the hearing Delaware courts have already ruled Pincus will be indemnified to the fullest extent of the law and compensated at his hourly rate, Voss said.
Throughout the hearing, Voss referenced the lawsuit TransPerfect filed against Pincus in Nevada in 2019 alleging breaches of fiduciary duty and seeking damages, as well as the suit filed against H.I.G., which bid in the auction of TransPerfect, in New York, both of which Skadden has maintained violated the exclusive jurisdiction required by the Delaware case, which ultimately led to a finding of contempt.
“This is not normal conduct. This is the conduct of a person who has a history of seeking retribution against those who oppose him,” Voss said of Shawe.
Bouchard said he intends to issue a ruling before he steps down as chancellor April 30 and said no more fee petitions are to be filed until a decision is made, though more are likely to be submitted in the future. He asked Skadden to submit an affidavit showing that the amounts billed between May 2019 and December 2020 were actually incurred, that they were reasonable and that the rates used were consistent with what the firm has charged other clients, noting that in his experience, it’s unusual for a firm to bill a client for the time spent administrative work like calculating expenses.
Goldstein said the rates charged by Skadden exceed those charged by comparable firms in the area of Wilmington and Philadelphia and to be reasonable, the rate should be similar to firms in the same geographic area. Voss maintained the rates billed in the TransPerfect case were in line with rates charged to other clients and that the court shouldn’t have to go through fee petitions line by line to approve items individually.
“This stuff isn’t complex. What is this? This is preparing fee statements for $200,000; responding to fee objections for $605,000,” Goldstein said. “It’s a lot of money that we have no control over. We have no control over what they choose to do. We have no control over discounts. We have no control to say to them, ‘we don’t like the fact that you put three partners and four associates on that,’ like a voluntary client.”
And More Lowlights from the Chancery Court Hearing, as Andre Bouchard is Embarrassed by Former Firm
Dear friends,
I listened via a public line to the entire historical Court of Chancery remote hearing held yesterday March 2, 2021. Having followed every detail of the Delaware TransPerfect saga and the cluster of improprieties seemingly orchestrated by soon-departing Chancellor Andre Bouchard — who is leaving his post very early, years before his term is up — was to me a continuation of pandering and cronyism.
You want to talk about outrageous! This is larceny folks! Skadden billed $200,000 for creating an invoice. Can you imagine the audacity?! Billing someone for creating the bill?! You want to talk about a firm (Skadden Arps) that knows the Chancellor (Bouchard) has their back — this is the definition of cronyism. This is THE example of knowing you can do whatever you want to do and get away with it, because your buddy the judge, who used to work at your firm, is presiding over the case. It’s outrageous and an embarrassment to Bouchard, who NOBODY should feel sorry for. That his own people (Skadden) would have the nerve to bill in such a manner is highway robbery and then ask him to be OK with it?! Even Bouchard told Skadden to “give it thought,” and “carve that out.” Not the wink-and-a-nod they were expecting from their old pal?
When you boil it all down, a firm that would bill $200,000 for creating the bill — imagine how much padding must REALLY be going on in these bills! I was struck by the audacity of Skadden Arps. To feel justified in billing TransPerfect for the time it took to prepare an invoice or feel justified in billing for time involved in defending against lawsuits involving Robert Pincus by TransPerfect. In other words, Pincus and Skadden Arps think they have the right to charge fees for the legal preparation against someone who is suing them.
Also disturbing to me, was the bottom-line request from Bouchard to his old law firm: Submit an affidavit claiming justification for work done. Meaning, to me, that will be his basis of consideration in deciding?
The lawyer for Pincus and Skadden, Jennifer Voss, called TransPerfect CEO Philip Shawe “a serial litigator.” In my view, business-unfriendly Delaware has never encountered a dedicated entrepreneur like Philip Shawe, who has fulfilled the American Dream and refuses to be ripped off by a Good Ole Boy situation where the lawyers are provided huge windfalls by the Judge, instead of providing equity, which is his job! Maybe this is why he’s leaving his job 7 years early?!
Please read the Law360 article below and send me your comments. Indeed, Bouchard’s final decision on this dispute will, in my opinion, determine his legacy if you want to call it that, considering his controversial tenure and early departure next month.
Respectfully Submitted,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Chancery Wants Skadden Affidavit In TransPerfect Fee Fight
By Jeff Montgomery
Law360 (March 2, 2021, 8:48 PM EST) — Delaware’s chancellor ordered Skadden on Tuesday to
submit an affidavit attesting to the accuracy and reasonableness of custodian fees recently charged to
TransPerfect Global Inc., saying it was in the interest of ending billing battles stemming from a
rancorous court-ordered sale of the business.
Chancellor Andre G. Bouchard gave Skadden Arps Slate Meagher & Flom LLP and custodian Robert B.
Pincus a week to submit the information after a half-day argument on three pending issues in the case.
Among them was a motion by Pincus for a discharge from his custodian’s role with indemnification and
nondisparagement protections, among other terms, opposed by TransPerfect and co-founder Philip R.
Shawe.
Also at issue were claims by TransPerfect that Skadden had charged excessive and unsupportable fees
on a range of matters, including “fees on fees” billings for Pincus’ and Skadden’s defense against fee
claims, as well as a TransPerfect motion to block Pincus and Skadden from recovering fees for a
contempt action.
While taking the overall issues, including Pincus’ discharge, under advisement, the chancellor also
directed Skadden to provide support in its affidavit for more than $200,000 in billings for what were
described as “the administrative work” of sending a bill.
“Is it typical? I’m not aware of it happening,” the chancellor said. “I’m talking about [billing for] the
actual generation of an invoice and, if you will, running that bill. Give it thought. If it’s your position that
it’s ordinary and that it would be billed to a client ordinarily and permissibly, so attest” in the affidavit.
“If you want to carve that out. It might be prudent to do so.”
Pincus was appointed custodian of TransPerfect after its two co-founders, Shawe and Elizabeth Elting,
had a falling-out and could not agree on how to manage the company.
In May 2018, the Delaware Supreme Court affirmed the chancellor’s February 2018 ruling that allowed
Shawe to buy Elting’s 50% stake in the company. Chancellor Bouchard had also determined that
Pincus’ impartiality wasn’t compromised by threats of litigation made against him by Elting or by
Shawe’s alleged interference in the sale process.
During the arguments Tuesday, Jennifer C. Voss of Skadden, counsel to Pincus, said the expenses had
been prompted by TransPerfect’s and Shawe’s actions, and were handled with the same diligence and
efficiency as that given to all of Skadden’s clients, at rates consistent with its practice.
“Mr. Shawe is an adjudicated serial litigator,” Voss told the court while arguing for Pincus’ discharge.
“Now, years out from closing [on the TransPerfect sale], he has filed a barrage of baseless, unprovoked
attacks against Mr. Pincus and Skadden. These attacks are meant to coerce Mr. Pincus. He has not
succeeded, but they’re also meant to harass him and his advisers.”
Voss said TransPerfect and Shawe “weaponized access to billing statements” for a “punitive and
protracted campaign of fee warfare,” despite Pincus’ right to recover costs as custodian and for
litigation in disputes with TransPerfect and Shawe in the years after the sale.
Much of the dispute Tuesday related to the custodian’s authority to bill TransPerfect for the costs of
responses to or defenses for challenges raised by the company and Shawe.
During the hearing, David B. Goldstein of Rabinowitz Boudin Standard Krinsky & Lieberman PC,
counsel to Shawe, described the billing arrangements as a “fee merry-go-round,” with filings by
TransPerfect and Shawe generating billings from the custodian, objections to the bills and new bills for
addressing the objections.
“The sale of TransPerfect Global closed almost three years ago,” Goldstein said. “At that point,
TransPerfect had already been ordered to pay Skadden almost $13 million, and another $31 million to
[Pincus’] handpicked advisers.”
Fee and other disputes since then have pushed the total to $14 million for Skadden and $45 million for
advisers, Goldstein said, with additional billings pending.
“Our position is these fees are really excessive,” Goldstein said, arguing that the process appeared to
have become a “billing frenzy” without end.
“I’m not telling the court or suggesting that Skadden should get zero,” he said. But “if they got nothing
else, they would have gotten far more than a reasonable amount of fees.”
Voss disputed TransPerfect’s calculations of the billings and costs of the case, and said expenses had
been driven by TransPerfect’s and Shawe’s frivolous arguments, haphazard and mistaken filings, and
pressures for expedited court proceedings. One billing alone, Voss noted, was answered with 100
pages of objections.
To continue reading click this link here:Dear Friends,
As per my previous article on this subject Tuesday, March 2 is a big day in Chancery Court history. Chancellor Andre Bouchard has a significant opportunity – before leaving his position as Delaware’s Chancellor – to rectify and offer some equity to the TransPerfect folks, after years of unregulated, undocumented, and suspicious billing activities from his former business partner Bob Pincus from the Skadden Arps law firm.
Will Andre Bouchard continue his shadow operation, seemingly showing grotesque bias without an inkling of transparency in this case? Citizens are calling for openness and fairness in this litigation, which has been filled with appearances of impropriety.
Please read the article below and send me your feedback.
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Sincerely yours, JUDSON Bennett-Coastal Network[/avatar]
Citizens for a Pro-Business Delaware Calls for Transparency and Open Access in Upcoming TransPerfect Court Case
Mon, March 1, 2021, 10:59 AM
CPBD calls for open access to oral arguments in upcoming TransPerfect court appearance to bolster transparency and confidence in the Chancery Court
On Tuesday, March 2, outgoing Chancellor Bouchard of the Delaware Chancery Court is set to hear oral arguments in the TransPerfect case without a Zoom link for affected employees to observe and participate in the hearing. The lack of transparency comes despite courtroom protocols implemented on June 8, 2020 stating that “the Court of Chancery will continue to conduct hearings telephonically or using video technology whenever it is practicable to do so at the discretion of the presiding judge.”
The lack of transparency follows years of advocacy for more transparency on the Chancery Court by Citizens for a Pro-Business Delaware (CPBD). Despite a clear public interest in the case and stated court protocols, Chancellor Bouchard has still resisted video access to the hearing, one of his final hearings before his premature retirement in April. CPBD is calling on Bouchard and the court to provide a public Zoom link to remedy the disturbing lack of transparency on display.
Chris Coffey, Citizens for a Pro-Business Delaware Campaign Manager, said of the decision not to allow open access, “How can employees ensure fair treatment when there is no access to the court? Especially when the means for transparency is already being used for other cases in the court. Of course, it’s no surprise that Chancellor Bouchard has once again opted to operate in the shadows, given his years of resistance towards any meaningful transparency measures. Instead of continuing to undermine confidence in the court, Bouchard should use his final months to try and repair his legacy by establishing a new baseline of transparency and accountability, but I won’t hold my breath.”Dear Friends,
There’s a big moment ahead in the notorious TransPerfect case in Delaware’s Chancery Court coming up tomorrow. Here’s what’s at stake, folks, and it’s mind-blowing: Somehow, court-appointed Skadden Arps attorney Robert Pincus has rung up $4.5 million in bills?! According to my sources this was all submitted in the last month?! You can’t even call this looting by Bouchard, it’s more than looting. Grand larceny about to be committed by Bouchard, as I see it!
Employees I have talked to say Skadden has done nothing since the deal closed THREE YEARS AGO. Yet here comes Bouchard, to possibly steal their raises, pensions, and benefits again — $4.5 million more! This, on top of the $14 million for showing up at TransPerfect’s office twice in three years.
Outrageous, Outrageous, Outrageous. It sets a dangerous precedent that cannot be tolerated in America’s First State any longer. This is not good for Delaware’s incorporation business! They looted TransPerfect because they felt they could. The question now is: What will Bouchard do now that he has nothing to lose?!
For Delaware’s reputation, the Coastal Network denounces this charade! Please reach out to me if you are interested in stopping Bouchard’s reign of perceived improprieties in Chancery once and for all.
Respectfully Yours,
Dear Friends,
The countdown clock is ticking, folks, with Chancery Court Chancellor Andre Bouchard’s retirement effective April 30th, and it can’t happen soon enough. Now, what’s next for the Good Ole Boy’s Club that flies around in G5 airplanes off the back of regular workers?
Will the cronies of the elite, corrupt, outgoing Chancellor Bouchard do something about our All-White Chancery Court? Will they follow Biden’s lead, who has publicly promised the next SCOTUS judge will be a Black woman?
Diversity isn’t exactly my issue — but corruption, lies and hypocrisy among the Democratic Latte Liberals that run this is the state is my issue.
One should not be chosen, in my view, by the color of their skin — but our all-white Chancery Court must have been absent the year they taught legal ethics at Harvard.
ALSO: Stay tuned, folks, for full coverage on an upcoming March 2 hearing where my sources say Bouchard is expected to yet again fleece TransPerfect workers out of millions, one last time, in favor of his former employer, Skadden Arps. Bias, corruption and lies have marred Bouchard’s entire career as Chancellor, will he close on a judicial note — or wallow in a new level of filth — in his last act? More coverage to follow!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett–Coastal Network[/avatar]
Citizens for a Pro-Business Delaware Launches Mobile Billboard to Expose Racial Inequality in the Chancery Court
The campaign to increase diversity within the Delaware judiciary continues as the grassroots organization moves its platform to the streets.
February 26, 2021 09:03 AM Eastern Standard Time
DOVER, Del.–(BUSINESS WIRE)–After countless calls for representation within Delaware’s state government and judiciary have fallen on deaf ears, Citizens for a Pro-Business Delaware made a bold statement urging increased racial diversity through a new mobile billboard advertisement.
With Chancery Court Chancellor Andre Bouchard’s retirement effective April 30th, the good government group is pleading with Governor John Carney to appoint a Black justice to the state’s Chancery Court. After Biden’s affirmed commitment to appoint a Black woman to the Supreme Court, CPBD is urging Governor Carney to follow in the President’s progressive vision in dismantling systemic injustice by instituting diversity on the courts. Notable community leaders, such as Pastor Blaine Hackett of historic St. John African Methodist Church, in Newark and civil rights leader Reverend Al Sharpton have echoed the grassroots organizations’ efforts for diverse leadership and equity.
CPBD has already mobilized 750 Delaware residents to send emails to Governor Carney insisting on the appointment of a Black justice. The $250,000 awareness campaign focused on equity has funded print, radio, and digital advertisements to broadcast vacancies and urge leadership to take a stand on advancing diversity and inclusion.
“Now, more than ever, it is imperative that our courts visually and morally represent the residents of Delaware. For far too long, the Chancery Court has failed to reflect the diversity of those it claims to serve,” said Chris Coffey, Campaign Manager for Citizens for a Pro-Business Delaware. “We are requesting a Black justice to the Chancery Court, not only because it is in the best interest of the people, but because it is the right thing to do. When faced with the opportunity to correct the past and create change, we must not turn a blind eye”.
OPINION
Dear Friends,
Having observed and analyzed the methods of the Delaware Court operations of both Andre Bouchard and Leo Strine, in my view, especially in Delaware’s now famous TransPerfect case, it’s easy to see why both have left or are set to leave their government-appointed posts well before their terms were up. Bouchard’s subjectivity, open bias, and appearances of impropriety made him clearly suspect to me. Strine’s obtuseness and arrogance during the appeal stimulated the same concern in my gut as I felt about Bouchard.
The way the TransPerfect case was handled was unusual and left many observers queasy. Indeed, huge amounts of money were paid out and there is doubt in many eyes as to the legitimacy of everything that happened. Actions speak loudly. And here we are now, with two of the most powerful men in our court system, resigned and resigning. That has to be unsettling for those who remain in power as to who could be next?
There is much speculation and rumor as to the real reasons why Strine left and Bouchard is leaving. The Delaware Way is always at work and the official state government proclamations and reasons have been established.
Those of us who have followed these men and their cases, wonder if both Strine and Bouchard are smugly laughing at the system? Are both a lot richer coming out of this Delaware-insider, Good Ole Boy system? We may never know. We can demand that our state representatives appoint a new Chancellor with logical understanding of the law, based on objectivity and free of conflicts of interest.
Change is needed in the law in regard to Delaware’s judicial operation, especially in the Chancery Court and the appeals that are considered thereafter. Now with Bouchard and Stine out of the way, change is sure to come. Will it be change for the better? We must ensure that it is for our state and our citizens to once again prosper and lead as America’s First State!
As always, your feedback is welcome and appreciated.
Dear Friends,
I write this brief dissertation in the face of absolute fear, the true understanding of the real horror that is coming, and a realistic recognition of just how bad it could get? I write this now before it is obvious, before it is implemented, however the reality is right before you.
The President of the United States has unbelievable power over your life! Folks, please make no mistake about it, Joe Biden, the man that we have officially elected as President of the United States, along with a group of fanatical socialists, fully intend to control every aspect of your lives.
Once the Democrats, who control the Presidency, the House, and the Senate, change the constitution by eliminating the filibuster in the Senate, allowing a simple majority to rule on all things, and stacking the Supreme Court, America will no longer be America.
Biden’s order to shut down the Keystone Pipeline, eliminating thousands of jobs is so crazy it is mind boggling! The frightening agenda of instilling the Green New Deal on America is beyond reason as it will not work and will thrust us into the worst depression we have ever experienced with suffering and despair that will make the disaster happening in Texas right now look like a pimple rather than a boil.
Rejoining the Paris Climate Accords will restrict and eliminate innumerable opportunities. Biden has opened the Border and is planning on allowing two million illegal aliens a year to be released into our country without supervision. We have 10 million unemployed people right now with no hope in sight. Our schools are closed and a whole generation of children will emerge uneducated and ignorant while the rest of the world surpasses us!
We, as a nation, are ignorant of what is actually happening from within! I am sending you my official warning!
Please check out what is happening and recognize the possibilities. 2022 is our last and best chance to begin to restore sanity by peaceful means.
As always, your feedback is welcome and appreciated.
Respectfully Submitted,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network WWW.CoastalNetwork.com[/avatar]
Totally Unreliable! ABSURDITY AND STUPIDITY
Dear friends,
I am not a devoutly, religious man, however, I believe that God put innumerable natural resources at our disposal to use in many different ways for the benefit of humanity. Oil, Natural Gas, Atomic Power Solar Energy, Wind Power, Water Power, Coal, and Crops to make Ethanol are few that are utilized. In Brazil they use Sugar Cain to make fuel! Folks, all of these natural resources are beneficial in various ways, depending on the climate. All of these fuels and sources of energy can be used in an environmentally safe manner including petroleum products.
That being said, The proposed “Green New Deal” being advocated by President Joe Biden is the one of the most unreliable, absurd, unsound, and dangerous proposition in United States history. Not only will it ruin America economically, but it will kill people. Furthermore, the concept of Global warming being caused by emissions from the use of oil and natural gas is just not true. When Biden maliciously and stupidly shut down the Keystone Pipeline, a spectacular achievement and a clean safe way to move oil, he destroyed thousands of good paying jobs and set up a very unsafe and unclean way to move the oil by railroad. JUST PLAIN STUPID!
Natural Gas is unbelievably clean and an inexpensive way to heat our homes. Windmills and solar panels are expensive and require lots of wind and lots of sun to provide continuous energy and electricity. Without another provable and workable energy source, such as oil, gasoline, propane, coal, or natural gas, these energy venues are unreliable.
Let us look to Texas! Apparently 25% of the electricity in Texas is produced by wind and solar! This is amazing when we realize the oil and natural gas reserves that Texas has. Well folks, it is 9 degrees in Texas and the Wind Mills are frozen solid and can’t spin. Therefore they cannot produce electricity. The Texas grid is overwhelmed, thousands of folks are without electric and people are actually freezing to death! When it warms up, all the pipes will burst and there will be millions of dollars in damage!
Here is the bottom line—Green energy helps, but it is not reliable. If you depend on it, you could die. Science is one thing and the Science of Global warming is debatable and the causes of it are many. To overtly and intentionally denigrate the safety and peace of the American people for this absurd Green New Deal is criminal. Biden is beyond logical. In my view he is the most ignorant and corrupt President in US history. I am ashamed to say I am from Delaware these days because of this dishonest, authoritarian despot named Joe Biden.
So be it folks. Indeed, it is my fervent opinion that we must defeat this horrible and false Biden agenda or America will be lost. As always, your comments are welcome and appreciated.
Respectfully yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network www.CoastalNetwork.com[/avatar]Dear friends,
Let’s face it, the Chancellor is a shadow of his former “all fire and brimstone to make his buddy rich” self.
I am hearing rumors that Chief Chancellor Andre Bouchard is too sick to do his job, what if they are true? As I see it, folks, he shouldn’t be waiting for this lame duck Chancellor to make one last round of corrupt ruling against TransPerfect, further damaging the lives of 5,000 employees. What other litigants could be at risk?
For our state’s integrity, we must raise up and stop his pre-retirement party plundering in favor of Skadden Arps. Or whatever is left of our business image will be flushed down the toilet by Bouchard and his cronies.
Bouchard has not officially disclosed that he’s sick. But I have two sources close to the matter who have stated he would not be well enough to come into live hearings, even if the pandemic were not at issue. Currently, the hearings are being done by video, as I understand it, due to Covid-19 restrictions.
Would love to hear your feedback on this one, folks. Does Bouchard have a duty to disclose his health? Or lack thereof? As always your comments are welcome.
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett, Coastal Network[/avatar]Dear friends,
Take a look at this, folks. Skadden Arps, the law firm in Delaware, in the Jeff Montgomery Law360 story below, is accused of concealing a conflict of interest, yet again! Just like in the notorious TransPerfect case in Delaware, where you had the judge, Andre Bouchard, the appellate judge, Leo Strine, and the court-appointed custodian Robert Pincus, all of Skadden, collecting hundreds of millions of dollars from the company and continuing to send bills, years after the case closed.
Honestly, folks, it’s the biggest conflict of interest I’ve ever seen! In my view, after following this collective for years, what I consider to be corruption by Skadden and the Skadden trio of Bouchard, Stine and Pincus, is beyond comparison.
Now there’s more evidence. Aggravating! I’ve highlighted the key parts of the story below. Somehow it continues?!
Please send feedback. We need to do better than this and we are better than this!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Respectfully yours. Judson Bennett[/avatar]
Acthar Claimants Hit Skadden For Mallinckrodt Ch. 11 Role
By Jeff Montgomery
Law360 (February 5, 2021, 8:42 PM EST) — Class attorneys for alleged victims of Mallinckrodt PLC’s Acthar Gel product asked a Delaware bankruptcy judge to hold a hearing on Skadden’s role in the drug company’s Chapter 11 in Delaware, pointing to allegedly undisclosed, potentially disqualifying conduct and conflicts of interest.
The late Thursday objection, which followed the same group’s bid on Feb. 1 for the retention of a trustee to direct the case, cited Skadden Arps Slate Meagher & Flom LLP’s purported failure to fully disclose in “ordinary course professional” declarations its prepetition work for Express Scripts, a Mallinckrodt co-defendant in multistate, prepetition fraud and antitrust litigation.
According to the Acthar plaintiffs’ group’s objection, the retention of Skadden and other potentially conflicted counsel left open the possibility that firms would work on Mallinckrodt’s defenses in litigation stayed by the bankruptcy. That work would potentially be covered in an estimated $6 million monthly payout for ordinary course work in the Chapter 11 case, obscuring prepetition connections while also depleting debtor assets that should be reserved for creditor claims.
“The OCP program is, at least in this case, the way it has been abused, the proverbial elephant in the room,” the objection states.
The Acthar plaintiffs’ group, which had lost an argument earlier in the case to subpoena Skadden, accused the firm in its new objection of engaging “in conduct designed to both conceal its conflicting relationships with the debtors until after this court ruled on the motion for preliminary injunction and motion to quash, as well as conceal its connections to both debtor and asserted unsecured creditor Express Scripts.”
“Plaintiffs routinely level unfounded accusations against highly reputable law firms. Courts have soundly rejected these prior attempts and we expect the same outcome here,” Skadden said in a statement late Friday.
Counsel for Mallinckrodt did not immediately respond to a request for comment.
Mallinckrodt sought Chapter 11 protection in mid-October with $5.3 billion in debt, citing threats posed by the sprawling multidistrict litigation seeking damages for victims of opioid addiction. The bankruptcy was also driven in part by the potential for $15 billion in damages tied to a range of suits involving its H.P. Acthar Gel, which is used to treat multiple sclerosis, infantile spasms and other conditions, the company said. Potential claims from governmental entities could top $2 trillion.
The Acthar suits range from government whistleblower actions alleging the underpayment of Medicaid rebates for the drug to unfair trade practice and kickback prosecutions to stockholder class claims focused on allegedly false and misleading claims about the drug and the business.
Acthar class plaintiffs who took aim at Skadden include the city of Rockford, Illinois, three unions and Acument Global Technologies, which sued individually and on behalf of third-party payors and their beneficiaries. Their attorneys accused Mallinckrodt and Express Scripts of antitrust violations in Illinois, Pennsylvania and New Jersey.
“The evidence will show and additional discovery will ferret out, that there is no doubt that Skadden represented Express Scripts in the Acthar Plaintiffs lawsuits, until the summer of 2019 when AlixPartners took over the management of the debtors’ affairs, including litigation strategy,” the objection says. “The court need only examine the dockets in each of the Acthar plaintiffs’ lawsuits to see the fact of this prior, disqualifying representation.”
The objection argues that Skadden’s retention should be denied and that it should be required to return fees already paid based on its failure to fully disclose its prepetition relationships in declarations filed with the court. Also targeted are alleged efforts to avoid a subpoena from the Acthar plaintiffs’ group seeking details on what was described as Skadden’s “dual representation” of Mallinckrodt and Express Scripts.
“Now, more than four months into the case, hindsight review is required of all relationships, prior payments, retainers, scope of work, etc., all because the debtors and certain ‘OCP’ professionals took advantage of the OCP program in ways never contemplated, instead of just following the rule of law,” the objection states.
Under Mallinckrodt’s bankruptcy road map, the court approved a plan that would channel all opioid claims to a $1.6 billion settlement trust. A separate seven-year, $260 million settlement meanwhile would end multiple False Claims Act and related suits targeting the company’s handling of Acthar reimbursements.
The Acthar plaintiffs are represented by Daniel K. Astin, Albert A. Ciardi III and Walter W. Gouldsbury III of Ciardi Ciardi & Astin; Donald E. Haviland Jr. and William H. Platt II of Haviland Hughes; Dion G. Rassias and Jillian E. Johnston of The Beasley Firm LLC; James Bartimus and Anthony DeWitt of Bartimus Frickleton Robertson Radar PC; and Peter J. Flowers and Jonathan P. Mincieli of Meyers & Flowers LLC.
Mallinckrodt and its affiliates are represented by George A. Davis, George Klidonas, Christopher Harris, Andrew Sorkin, Anupama Yerramalli, Jeffrey E. Bjork and Jason B. Gott of Latham & Watkins LLP, and Mark D. Collins, Michael J. Merchant, Amanda R. Steele, Brendan J. Schlauch and Sarah E. Silveira of Richards Layton & Finger PA.
The case is In re: Mallinckrodt PLC et al., case number 1:20-bk-12522, in the U.S. Bankruptcy Court for the District of Delaware.
–Additional reporting by Matthew Perlman and Julia Arciga. Editing by Steven Edelstone.Opinion
Dear Friends,
Outgoing Chancellor Andre Bouchard’s, in my view, corrupt “Good Ole Boys Club” circles the wagons, protecting him until his last day and breath on the bench. It’s truly sad for America’s First State, that this behavior is condoned, and the Delaware Supreme Court rubber-stamping in favor of their boy Bouchard has happened. Outrageous!
Kevin Shannon’s firm, Potter Anderson, argued Bouchard was innocent of the crimes of moral turpitude he was accused of — and what a huge surprise — Bouchard found innocent, yet again!?!
In my opinion, if it wasn’t such a sad statement on the lack of judicial integrity in Delaware — it would be comical!
Read the Law360 story below for the all sordid details. Would love to hear from you on this one, folks. Such a calamity!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett-Coastal Network[/avatar]
Del. Justices Reject Meso’s Bouchard-Related Bias Claims
By Dorothy Atkins
Law360 (February 8, 2021, 4:30 PM EST) — The Delaware Supreme Court refused Monday to revive Meso Scale Diagnostics LLC’s lawsuit seeking to vacate a 2014 judgment in an intellectual property contract dispute with Roche, rejecting Meso’s arguments that the judgment was tainted by now-Chancellor Andre G. Bouchard’s representation of Roche at the time and of the presiding judge in an unrelated case.
In a 48-page per curiam opinion, the Delaware Supreme Court agreed with a trial court’s finding that Vice Chancellor Donald Parsons wasn’t obligated to recuse himself from presiding over Meso and Roche’s contract dispute when Bouchard, who was counsel for Roche at the time, began representing the vice chancellor and other judicial officers in separate civil rights litigation brought against the court.
“On this complaint, it is not reasonable to infer Vice Chancellor Parsons’ alleged judicial ethics violation — even assuming it occurred — caused any reasonably conceivable harm, much less serious harm,” the opinion says.
The decision marks an end to Meso’s 2019 lawsuit that asked the court to reopen a years-old breach of contract dispute between Meso and Roche Diagnostic GmbH, vacate the post-trial judgment in favor of Roche and order a new trial.
Meso claimed that now-retired Vice Chancellor Parsons should have recused himself from deciding the earlier dispute because of alleged conflicts created by Bouchard’s representation of Roche when he worked at Bouchard Margules & Friedlander PA.
Then-litigator Bouchard represented Roche in the contract case in 2010 and a year later he also began representing the Court of Chancery and its judicial officers, including Vice Chancellor Parsons, in a civil rights case pending in federal court. Bouchard continued to represent the judicial officers through March 2014, when the U.S. Supreme Court denied a petition for writ of certiorari that he helped draft on behalf of the judicial officers.
A month later, Bouchard left the Meso-Roche case and in May 2014 he took his current position as chancellor. Less than two months after that, Vice Chancellor Parsons issued a judgment against Meso in the Roche contract case.
Meso argued in its February 2019 suit that Vice Chancellor Parsons had been influenced by Bouchard’s representation in the civil rights case, and that his failure to disclose the conflict and recuse himself violated Meso’s due process rights.
But in May, the trial court tossed Meso’s case, finding that Meso waited too long to raise its challenge and that the case didn’t present an “extraordinary circumstance” warranting recusal, particularly since finding otherwise now would severely prejudice Roche by disturbing a nearly seven-year-old, post-trial judgment.
The trial judge also noted that the federal case was against all judicial officers in their official job roles and it merely sought to prevent confidential arbitrations, so even if Bouchard’s representation of the vice chancellor violated ethics rules, there’s no evidence it harmed Meso.
Meso appealed the ruling, reiterating its arguments that Vice Chancellor Parsons should have recused himself and that the judgment in favor of Roche violated Meso’s procedural due process rights and must be voided.
But during a hearing in December, Roche called Meso’s arguments “weak” and “thin,” and said Meso has not shown an egregious conflict that would justify setting aside the judgment. Roche also argued that the “rule of necessity” allowed Vice Chancellor Parsons to preside over the Meso-Roche litigation, because based on Meso’s reasoning, all of the court’s judicial officers named in the federal litigation should have been disqualified.
In its opinion Monday, the state justices affirmed the trial court’s ruling, but declined to address Roche’s rule of necessity argument, noting that the trial judge had not analyzed it.
In their reasoning, the justices pointed out that the Delaware high court’s 1991 holding in Los v. Los clarified that the mere fact that a judge is an adverse party in another proceeding “will not, by itself, result in automatic disqualification,” and litigants aren’t allowed to “‘judge-shop’ through the disqualification process.”
However, the justices said the policy concerns at issue in Los aren’t at issue in the instant case, because Meso didn’t instigate the other litigation in which the alleged conflict occurred.
The justices agreed with Meso that Vice Chancellor Parsons should have “at a minimum” disclosed Bouchard’s representation. Still, the high court concluded that the vice chancellor had no “financial, reputational or other personal stake” in the civil rights suit and Meso’s allegations “very clearly” have not met the high bar required to justify vacating a final judgment.
The opinion also concluded that the trial judge didn’t err in finding Meso waited too long to raise its legal challenge, and therefore the lower court was right to toss Meso’s suit.
Counsel and representatives for the parties didn’t immediately respond Monday to requests for comment.
Justices Karen L. Valihura, Gary F. Traynor, James T. Vaughn Jr., Tamika Montgomery-Reeves and Delaware Family Court Judge Jennifer B. Ranji, sitting by designation, sat on the panel for the Delaware Supreme Court.
Meso is represented by David L. Finger of Finger & Slanina LLC and William S. Consovoy, J. Michael Connolly and Patrick Strawbridge of Consovoy McCarthy Park PLLC.
Roche is represented by Matthew E. Fischer, Timothy R. Dudderar, J. Matthew Belger and Andrew H. Sauder of Potter Anderson & Corroon LLP and Thomas L. Shriner Jr. and James T. McKeown of Foley & Lardner LLP.
The case is Meso Scale Diagnostics LLC et al. v. Roche Diagnostic GmbH et al., case number 200,2020, in the Supreme Court of the State of Delaware.
–Additional reporting by Rose Krebs, Vince Sullivan, Caroline Simson, Vin Gurrieri and Jeff Montgomery. Editing by Jill Coffey.Dear friends,
I will share with you a little old Sussex County, Delaware human interest story from my past. Some of you will also remember those times. This is a slight departure from my usual caustic punditry.
I recently watched the funeral of the Capitol Police Officer who was killed by the disgraceful riots on January 6th. I felt such sadness and such shame that I literally burst into tears. Regardless of those politicians who were delivering the eulogies and my basic disagreement with them, the obvious issue that cops clearly sacrifice so much, even the loss of their lives, in the line of duty, for little praise, little money, and a life of risk and danger, is something that I recognize as very important.
Frankly, I have always respected police officers and a moment during the Capitol police officer’s funeral, I thought about my childhood from kindergarten through 3rd grade and memories came flooding back about a gentleman named George F. Schmalhofer who was a friend of my father’s.
George had a daughter named Beth who was in my class. Because the Schmalhofers lived near us, our families did transportation sharing. One week, my parents would drive me and Beth to school and the following week George Schmalhofer would drive us to school. What was cool for me was that George was a Delaware State Trooper and when it was his turn to drive, we went to school in a police car and he would hold our hands and walk us into the building.
George was a huge, handsome man, and indeed was impressive in his uniform. Interestingly, Lt Col George F. Schmalhofer ended up being 2nd in command of the Delaware State Police and was a highly acclaimed and respected Delaware public servant. As a little kid, I always felt so important and delighted when George Schmalhofer took me to school. Ever since I have always admired police officers.
Folks, cops are needed, are necessary, and deserve our complete and unbridled support. Thank you George for the installation you gave me during that impressionable period of my life. I remember you like it was yesterday. God bless Lt. Col. George F. Schmalhofer for the job that he did and God bless all our police officers nationwide.
Any input is welcome and appreciated.
Yours truly,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett Coastal Network[/avatar]OPINION
A Dog Story — “A Little Chiding for a Guy Who Thinks He’s Better Than Everybody Else”
Dear Friends,Whenever there is a powerful, public figure who I consider arrogant, incompetent, and unethical, if there is an opportunity to throw a little chiding his way because he screws up, believe me I always seize the day.Delaware’s Chancellor Andre Bouchard seems to have had some dog trouble. Apparently, Bouchard’s dog attacked another dog while his wife was walking it. Bouchard, according to my sources, had to pay $800 in damages for significant injuries to the other dog. The rub here is that it seems a countersuit was filed, potentially trying to get out of the responsibility? The elite, often because they think they are better than the rest of us, think they should be exempt from certain things. Chancellor Bouchard, as the most powerful jurist in Delaware, you should know that you are responsible for the actions of your animal. And you are, under the law — regardless of your political position — totally responsible for injuries caused by your pet. However, apparently you don’t think so, since you were seeking a dismissal — that didn’t happen — LOL.Bouchard is quitting in April under some suspicious circumstances. Adios Senor Jefe’!Check out the court filing below, which was sent to me by one of my readers:
Dear Friends,
When the Chief Justice of the Delaware Supreme Court leaves his honorable position years before his appointed term is up, and then the following year, the Chancellor of Delaware’s Court of Chancery says he’ll quit his post (in two months) years before his term expires, it raises many eyebrows, especially in a state as myopic and cronyistic as Delaware, America’s First State.
It is highly unusual for such departures from these prestigious and powerful positions to occur when and how they did. Former Supreme Court Justice Leo Strine and Chancellor Andre Bouchard, both connected, interestingly both of whom worked for the notorious law firm of Skadden Arps, both closely involved in the TransPerfect adjudication and Delaware Supreme Court appeal; AND BOTH chose to abruptly retire well before their time was up. The TransPerfect case involved millions of dollars in legal fees, and it is clear that certain law firms and individual lawyers profited greatly from the rulings of these two politically-appointed Judges.
The political process, the Governor’s appointment, the vetting, the legislative situation that takes place, and the final approval by the Senate is a big deal when these positions are filled in the State of Delaware. For these extremely powerful and prestigious positions to be vacated by connected individuals years before their terms expire is not only quiet rare, it must have many powerful people in our state worried about future changes. Many must be unsettled that their precious cronyistic, corrupt Delaware Way “secret club” and all the perks that go with it are being threatened and undermined.
What changes would you like to see, folks? Is the “club” crumbling from within its core? Send me your feedback. I’ll have more on this in my next column and will feature your feedback in an upcoming piece.
Respectfully Yours,
Judson Bennett, Coastal Network
www.coastalnetwork.com
Dear friends,So many issues and methods of operation are becoming apparent to the American people, that were not known before the November election. Indeed, many folks are now wondering what we have really done to ourselves? There are things that boggle my mind about Joe Biden, and frankly the truth about this guy was without a doubt so protected and covered up by the press, the social media, and international billionaires, that multitudes of voters were “bamboozaled” by the most premeditated, false, vicious, and exaggerated witch-hunt and conspiracy in United States history which was perpetrated against President Donald J. Trump, and was partially effective in producing his defeat to the biggest fraud in U.S. history, Joe Biden.Taking into consideration personal attributes that most folks should consider when voting for a President, such things as character, honesty, dedication, experience, and so on. Would you have voted for Joe Biden for President if you knew the following to be true?: 1) Plagiarism in law school? 2) Bribery of the head of Teamsters Union? Frank Sheeran, in 1972 to stop the delivery of the Delaware News Journal which had a full page advertisement endorsing his opponent (popular incumbent Caleb Boggs), and the paper was not delivered and Biden won the election by 3000 votes. 3) Consistent lies and defamation of Curtis Dunn, the man that was driving the truck that Nelia Biden ran into, killing herself and her infant daughter, totally her fault, yet Biden accused an innocent man of being drunk? 4) Biden lied about his education, his degrees, and his scholarships? Biden lied about meeting Nelson Mandela. Biden lied about innumerable issues that could fill an entire page? 5) Biden betrayed a political friend in Bill Stevenson (a substantial contributor) who was married to Jill Biden, stealing his wife, and attempting to discredit him and steal his assets? 6) Biden sold his house in Delaware to an MBNA executive for an inflated price, and in return propagated detrimentally, economic bankruptcy laws that hurt struggling businesses, but favored credit card companies? 7) Biden was accused of sexually assaulting Tara Reade and it was covered up?! 8) Biden has through his son Hunter, sold access to his former offices as a U.S. Senator and Vice President of the United States? For millions of dollars—absolute influence peddling—severely covered up and never really exposed? Folks, if any of this is true, how could this man, who has collected indirectly millions of dollars from the Ukraine, from China, from Romania, from the middle east, and from China—feathering the nests of his entire family and in effect committed treason, possibly be the President of the United States? Does a lifetime of fraud and dishonesty get you to be the most powerful man in the world?Now, despite, campaign promises, the true agenda of the Biden platform is being implemented. This President with the help of the radical left intends to completely destroy the oil and gas industry?! The canceling of the Keystone Pipeline was an act of malicious disregard for American ingenuity, killing directly and indirectly thousands of jobs. The purpose of this administration is to slowly chip away at our freedoms, discouraging and denigrating financial success through devastating taxes and new restrictive laws. Folks, this is just the beginning of what is coming!Now is the time to watch carefully the process in Washington, to know the consequences of all legislation. I believe that Joe Biden and Kamala Harris with help of this Democrat controlled Congress could very well change every aspect of our future hopes and dreams? The 2022 elections give Americans a partial chance to rescue our county from permanent and irreparable disaster. We must start planning with logic and organization immediately. Folks, the truth, the agenda, the sickening reality of how bad it could get, is most disconcerting. We must stand up, if we all do, we can, despite some rough times, maintain our freedom, and eventually restore sanity to our country. As always, your thoughts and comments are welcomed and appreciated.Respectfully yours,JUDSON Bennett-Coastal Networkwww.CoastalNetwork.com OPINIONDear Friends,
I am an old white guy, and certainly not sure I agree with all the calls for diversity — because in my view, decisions should be made without regard to race or religion. Best person for the job, that kind of thing, is my motto folks. I know one thing, though, the hypocrisy of Delaware’s Democrats, who preside over all-white courts, yet claim to have Democratic values, makes me ill to my stomach. What are your thoughts on this release from the Citizens Group, with which I usually am in agreement, folks?
Citizens for a Pro-Business Delaware Launches 6-Figure Campaign Calling for Appointment of a Person of Color to Lead Delaware’s Chancery Court
Grassroots activist group will deploy an expansive campaign to replace retiring Chancery Court Chancellor Andre Bouchard with a diverse candidate.
January 13, 2021 08:03 AM Eastern Standard Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, Citizens for a Pro-Business Delaware (CPBD) launched a 6-figure campaign calling for Governor Carney to appoint a person of color to replace retiring Chancellor Andre Bouchard on the currently all-white Chancery Court. The comprehensive campaign will deploy a range of strategies including radio, print ads, and a comprehensive grassroots canvassing campaign to communicate directly with voters and civic leaders to put pressure on Governor Carney to restore diversity on the Chancery Court, which has been all-white since the departure of Justice Tamika Montgomery-Reeves, the only Black person to ever sit on the Chancery Court.
Research from the Brennan Center for Justice and others has unequivocally demonstrated that diverse court composition is critical for applying “equal justice under the law” and enhancing the legitimacy of the courts in the eyes of the citizens it serves. CPBD’s campaign will call for strategic recruitment of diverse candidates and transparency in the nominating and interview process to remedy the fact that people of color make up 60% of the prison population but constitute only 15% of all judges in Delaware.
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “We must ask ourselves: if there were more diversity on the benches of Delaware’s highest courts, would sentences be more fair, would the prison population be less disproportionally made up of people of color, would our judges care more about COVID ripping through the prison population?”
Governor Carney’s most recent appointment of Paul Fioravanti Jr. to the Chancery Court, replacing Justice Tamika Montgomery-Reeves – the first Black woman to sit on Delaware’s Supreme Court – was a step backwards in diversifying the Delaware judiciary. Chancellor Bouchard’s impending retirement presents Governor Carney and the nominating commission the chance to do more than pay lip service to equity and diversity.
Continued Coffey, “Governor Carney has an opportunity to finally follow through on his purported commitment to diversity and replace Chancellor Bouchard, whose tenure as head of the Chancery Court was marked by lack of judicial accountability and cronyism, with a person of color who will represent the interests of all Delawareans, rather than an elite few. Our awareness campaign will push tirelessly for a more diverse, fair, and accountable Delaware judiciary.”
OPINION
Dear friends.
Another article has surfaced about Delaware Chancellor Andre Bouchard leaving his post 5 years before his term was set to expire. As much time and energy I spent in touting that it was time for Bouchard to be removed, I feel the absolute need to reiterate: Persistence is a virtue, and it stands to reason that when an appointed Judge is exposed for perceived corruption, the safest and most prudent thing to do is to resign.
I will never know for sure, but I would bet the ranch Andre Bouchard was actually told to resign, else he be removed. I intend to keep the heat on Delaware’s ineptitude and judicial failings until change occurs. Hopefully, Bouchard’s resignation will open the door for a better jurist who will distribute equity as required.
Please read the article below from Delaware Business Now and send me your feedback.
Respectfully yours,
JUDSON Bennett-Coastal Network
Delaware Chancellor Andre G. Bouchard informed Gov. John C. Carney and his judicial colleagues that he plans to retire effective April 30, 2021.Bouchard said it was time to step back, enjoy more time with his family, and pursue other interests, according to a release from the state court system. He did not announce any specific plans after he retires from the bench.
Chancellors and vice-chancellors often return to practice corporate law.
“It has been an honor of a lifetime to serve the citizens of Delaware as the steward of this special institution,” Bouchard wrote in his letter to the governor.
“Confronting a court expansion, a burgeoning caseload, and a pandemic, Chancellor Bouchard led the Court of Chancery with humility, imagination, and grace,” said Delaware Supreme Court Chief Justice Collins J. Seitz, Jr. on Tuesday. “We thank him for his public service, and wish him the best in life after the bench.”
“For more than 225 years, the Delaware Chancery Court has been known for its excellence, its stability and objectivity,” said Carney. “Chancellor Bouchard has built on that legacy and has served the State of Delaware with distinction. During his time on the bench, Chancellor Bouchard also oversaw an expansion of the Chancery Court to keep pace with caseloads as more entities choose Delaware as their legal home. On behalf of all Delawareans, I want to thank Chancellor Bouchard for his leadership.”
Bouchard was widely respected within the legal community. He presided over the proposed merger of CBS and Viacom that had been opposed by CBS management.
His most controversial case involved the sale of translation services company TransPerfect and the appointment of a custodian. He continues to be harshly criticized by Phil Shawe, who prevailed in the case as litigation related to the case has continued. The state’s retired judiciary and legal community rallied to his side at one point during the lengthy dispute. Under judicial ethics rules, Bouchard cannot respond to the criticism.
Shawe offered the following:
“This is a defining moment for the State of Delaware. Hopefully, the next Chief Chancellor will have a true sense of justice, informed by real-world bench and business experience — not white male privilege – and not political connections – perhaps adding diversity to the court. With a fair-minded, even-tempered, and experienced appointee, the Delaware Judiciary has a real opportunity to regain the public’s trust and confidence.”
Citizens for a Pro-Business Delaware, a group that describes itself as being comprised of TransPerfect employees and state residents offered the following:
“As we continue our fight for transparency and accountability, we hope that Governor Carney will make the right decision to restore trust in the Chancery Court by nominating a candidate who will bring a diverse perspective to the court. At the same time, we will not rest until the systemic issues of the court are fixed. We’re optimistic that with Chancellor Bouchard’s retirement, we can achieve a more diverse, fair court for Delawareans to be proud of.”
Another noteworthy case involved the proposed merger of CBS and Viacom that had been opposed by CBS management.
Bouchard was sworn into office on May 5, 2014, following his nomination by Gov. Jack Markell. During his time as chancellor, the state experienced substantial growth in the number of business entities it serves, through incorporation in the State of Delaware.
Due to demands on the court’s docket, Chancellor Bouchard spearheaded the effort to expand the Court of Chancery for the first time in over 28 years through the enactment of legislation in 2018, which increased from five to seven the number of constitutional judicial officers on the court.
Before his appointment, Chancellor Bouchard spent 28 years in private practice in Wilmington, Delaware, most recently as the managing partner of a corporate and commercial litigation boutique he founded in 1996.
Bouchard spent most of his youth in Delaware, graduating from Salesianum School in 1979. He received his B.A. summa cum laude from Boston College in 1983. He received his J.D. from Harvard Law School in 1986.
Dear Friends,
Andre Bouchard, Chancellor of the Delaware Court of Chancery (a court with a unique 228 year tradition of providing equity and resolutions for companies incorporated in the State of Delaware) is quitting 5 years before his term is up. In the wake of controversy and intense criticism, especially in his seemingly biased handling of the TransPerfect case.
In my view it was just a matter of time before some viable complaints put Bouchard in deep trouble. Frankly, any praises or compliments about Andre Bouchard stated by the Governor or other Judges ring hollow to my ears as I have observed this man in action and followed his rulings in detail. The arrogance and obvious conflicts of interest that encompass Bouchard have in my opinion reduced the standards of Delaware’s equity court and hurt Delaware’s credibility nationally..
“Confronting a court expansion, a burgeoning caseload, and a pandemic, Chancellor Bouchard led the Court of Chancery with humility, imagination, and grace,” Delaware Supreme Court Chief Justice Collins J. Seitz Jr. said in a statement.“ We thank him for his public service, and wish him the best in life after the bench.” How nice, and in my view a vociferous cover-up statement. I never saw humility, never saw grace, and the only imagination I witnessed were controversial, unprecedented, subjective rulings that were not based on decided law.
Good riddance Bouchard, Delaware is better off without you. Read the story below fromThe Delaware State News.
As always your comments are welcome and appreciated.
Sincerely yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Head of Chancery Court to retire
Dec 29th, 2020 · by Matt Bittle
DOVER — Andre Bouchard, the leading member of the Delaware Court of Chancery, announced Tuesday he will retire at the end of April.
Gov. John Carney, with the help of a special committee of legal experts, will pick a replacement next year.
Chancellor Bouchard, who spent 34 years in the field of corporate law, made the decision out of a desire to spend more time with family and pursue other unspecified interests, according to the courts.
He will leave almost exactly seven years after his swearing-in.
“The Court of Chancery is a revered place with a 228-year tradition of excellence. But what ultimately makes the court so special are the people who dedicate themselves to its mission, not only in the high-profile world of corporate law but in attending to the needs of many of our state’s most vulnerable citizens and whatever else calls out for equity,” he said.
The well-respected court handles corporate matters from around the world and is a big reason Delaware is the legal home of more than 1 million corporations. Under Chancellor Bouchard, it grew from five to seven members in 2018, the first expansion since 1990.
“Confronting a court expansion, a burgeoning caseload, and a pandemic, Chancellor Bouchard led the Court of Chancery with humility, imagination, and grace,” Delaware Supreme Court Chief Justice Collins J. Seitz Jr. said in a statement. “We thank him for his public service, and wish him the best in life after the bench.”
A resident of Delaware dating back to his youth, Chancellor Bouchard graduated from Harvard Law School in 1986. Prior to being named to the court, he was the managing partner of a Wilmington corporate and commercial litigation boutique firm.
He has been a frequent target of criticism from a group called Citizens for a Pro-Business Delaware and from New York businessman Philip Shawe. The group was formed in 2016 after Bouchard ordered the sale of a translation services company called TransPerfect because Mr. Shawe and fellow co-founder Elizabeth Elting, his former fiancee, were hopelessly deadlocked over its management.
Among his various rulings in the case, Chancellor Bouchard ordered Mr. Shawe to pay his ex-fiancee $7.1 million in fees and expenses as sanctions for his “deplorable behavior.” In the sanctions ruling, the chancellor declared Mr. Shawe had intentionally sought to destroy information, failed to safeguard evidence and repeatedly lied under oath.
Last week, attorneys for Mr. Shawe and TransPerfect filed a federal lawsuit against Chancellor Bouchard over billings by an attorney the chancellor appointed as a custodian to oversee the sale of TransPerfect. According to the lawsuit, Chancellor Bouchard has ordered TransPerfect to pay more than $45 million in fees and expenses to the custodian, his law firm and other advisers while refusing to allow Mr. Shawe access to billing and fee details unless he agrees to “gag orders” preventing the information from being disclosed to the public.
Last year, members of the Delaware State Bar Association, including several former judges, took the unusual step of holding a news conference to defend Chancellor Bouchard against attacks by Citizens for a Pro-Business Delaware, which has said it is interested in promoting judicial transparency and accountability. Bar association officials suggested the group, which includes employees of TransPerfect, is simply a front for Mr. Shawe.
Mr. Shawe continued to attack Chancellor Bouchard Tuesday, saying through a spokesman the next chancellor must “have a true sense of justice, informed by real world bench and business experience — not white male privilege — and not political connections.”
The Associated Press contributed to this report.
Staff writer Matt Bittle can be reached at 741-8250 or [email protected]. Follow @MatthewCBittle on Twitter.Dear friends,
From my perspective, 2020 was a terrible year. I have never felt so lonely, so concerned, so disappointed, so angry, and so sad. I am certain many of you share my feelings. I am not going to go into details. We all, regardless of our station in life, have experienced a disconcerting situation this past year.
Today is a new beginning. When I was a kid I had a big sign on my bedroom wall that said “Cheer Up, things could be worse, so I cheered up, and sure enough things got worse!” Folks, I anticipate 2021 and 2022 to be really tough. Things are going to change. America is going to be different. Regardless, this patriot intends to keep fighting for life, liberty, and the pursuit of happiness. Indeed, “hope springs eternal.” We must keep trying.
For me, the battle is to remain healthy, fight for freedom of speech, lower taxes, stop censorship and propaganda, keep the 2nd amendment, and to promote capitalism. For me, mediocrity is a fate worse than death and the destruction of the American Dream is unacceptable.
As long as I can, I will speak my mind and attempt to give you my viewpoint on things that are happening. Sometimes, I make a little difference and that gives me reason to hope and to continue.
Tonight, I will be staying home and watching TV with my beloved feline-“Miss Josephine”. I plan on cooking a pork roast with Sauerkraut, and some mashed potatoes. I will also cook a few traditional black-eyed peas for good luck. I have a bottle of Crystal Champagne in the fridge and an apple pie. I intend to splurge like the outrageous Epicurean I really am, while I salute America, and pray to God for salvation.
I wish each of you many blessings.
Indeed, HAPPY NEW YEAR!!! God bless you and God bless America!
Sincerely yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett”]JUDSON Bennett-Coastal Network[/avatar]Dear Friends,
This is a follow up to yesterday’s article on Delaware’s Chancellor, Andre Bouchard, deciding to retire from the bench. His position is internationally famous, and Associated Press reporter Randall Chase has covered this significant resignation. The story is in every AP associated paper in the United States.
Randall Chase also reports on the amazing and unprecedented public criticism that Andre Bouchard has received statewide in Delaware from an organized Citizens group called Citizens for a Pro Business Delaware on Bouchard’s handling of the TransPerfect Global case. Never in my life have I seen a Delaware Chancellor so biased, so subjective, and so arrogant and who indeed deserved the criticism.
Yours truly followed every aspect of Bouchard’s tenure and I was appalled at what I saw as his clear bias, his lack of transparency, and his suspicious activities indicating conflicts of interest and appearances of impropriety, especially in his improper handling, in my view, of important cases, the adjudication of which reeked of subjectivity rather than being based on decided law. The bottom line is that it appeared to me and many others throughout the world that Chancellor Andre Bouchard was about feathering the nests of pals and associates rather than providing equity and fairness to the litigants.
Folks, even the Delaware Bar Association in an unprecedented move tried to cover for this radical, judicial operator by holding a press conference, attacking the TransPerfect CEO, and basically defending Bouchard’s rulings. As always, the Delaware Way kicked in, which is the incessant protection system that is part of the “Good Old Boy” operation.
The bottom line is that Andre Bouchard is leaving way before his term is up. Folks, this is extremely unusual! Indeed his operation as Chancellor was not normal or equitable and he will be leaving us a disconcerting memory of how the Chancery Court should not be run. Two hundred fifty million dollars was spent and went into a whole bunch of greedy pockets from the TransPerfect case alone. We will probably never know the real story?
Regardless, from my perspective, good riddance Andre Bouchard, time for laws to be changed, and appearances of impropriety to be eliminated.
Please read the Associated Press article below. As always your feedback is welcome and appreciated.
Respectfully Submitted,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
The chief judge on Delaware’s Court of Chancery has announced that he is resigning from his post early next year.
BY RANDALL CHASE, Associated Press
DOVER, Del. (AP) — The chief judge on Delaware’s Court of Chancery has announced that he is resigning from his post early next year.
Chancellor Andre Bouchard sent a letter to Gov. John Carney on Monday announcing that he plans to retire from the bench effective April 30, roughly seven years after he was sworn into a 12-year term of office in 2014.
As chancellor, Bouchard has been chief judge on the Chancery Court, which is known for handling high-profile disputes involving some of the nation’s largest companies, many of which are incorporated in Delaware.
Bouchard did not specify any reasons for his retirement but officials said in a statement that he wants to spend more time with his family and pursue other interests.
“It has been an honor of a lifetime to serve the citizens of Delaware as the steward of this special institution,” Bouchard wrote in his letter to Carney.
Carney thanked Bouchard for his service. Delaware Chief Justice Collins Seitz Jr. said Bouchard had lead the Court of Chancery with “humility, imagination, and grace.”
During his tenure, Bouchard lead an effort to expand the Court of Chancery for the first time in more than 28 years, with lawmakers agreeing to boost the number of judges from five to seven.
Bouchard also has been a frequent target of criticism from a group called Citizens for a Pro-Business Delaware and from New York businessman Philip Shawe. The group was formed in 2016 after Bouchard ordered the sale of a translation services company called TransPerfect because Shawe and fellow co-founder Elizabeth Elting, his former fiancee, were hopelessly deadlocked over its management. Shawe opposed Elting’s request for a forced sale but wound up buying out her interest and controlling the company.
Among his various rulings in the case, Bouchard ordered Shawe to pay Elting $7.1 million in fees and expenses as sanctions for his “deplorable behavior.” In the sanctions ruling, Bouchard declared that Shawe had intentionally sought to destroy information, failed to safeguard evidence, and repeatedly lied under oath.
Last week, attorneys for Shawe and TransPerfect filed a federal lawsuit against Bouchard over billings by an attorney Bouchard appointed as a custodian to oversee the sale of TransPerfect. According to the lawsuit, Bouchard has ordered TransPerfect to pay more than $45 million in fees and expenses to the custodian, his law firm and other advisers while refusing to allow Shawe access to billing and fee details unless he agrees to “gag orders” preventing the information from being disclosed to the public.
“Such secret and private proceedings deprive the public in Delaware and the nation of information about how the Court of Chancery operates and about its relationships with Delaware law firms … thereby understandably undermining public confidence in the Delaware courts,” the complaint states.
Last year, members of the Delaware State Bar Association, including several former judges, took the unusual step of holding a news conference to defend Bouchard against attacks by Citizens for a Pro-Business Delaware, which has said it is interested in promoting judicial transparency and accountability. Bar Association officials suggested that the group, which includes employees of TransPerfect, was simply a front for Shawe.
OPINION
Dear Friends,
I verified, late yesterday afternoon, upon learning the news from Delaware’s WDEL NewsRadio that Andre Bouchard would be retiring from his perch atop the Chancery Court in just four short months!
Please allow me to take a victory lap! I’ve been calling for the removal of Andre Bouchard for years! It’s about time. I truly believe all of my hounding has finally paid off. I’ve been right about this guy for all of these years. You can’t hide the truth and cover-up forever. From what I have seen over a significant period of time, the obvious, incestuous, cronyistic relationships between Bouchard and his former colleagues at Skadden Arps, other specific attorneys with conflicts of interest, former Delaware Supreme Court Justice Leo Strine, who also left his perch with more than half his appointed term left to serve, is for all intents and purposes, in my educated opinion, a legal way for a certain types of corruption to be swept under the rug. See a pattern here, folks?!
Where there is smoke, there is fire. Things have obviously gotten way too hot in Delaware, where the controversial TransPerfect case, Leo Stine, and primarily Chancellor Andre Bouchard have, in my view, have put America’s First State in the national spotlight in the most unfortunate, and unflattering way possible. Now, it is time to pay for that, just as Strine already has. People don’t simply walk away from all-powerful, prestigious, influential, extremely well-paying state jobs with never-ending health insurance and other benefits.
I believe Bouchard was politically compromised early in his tenure, during the absurd, Sussex County appointments of the Deputy Register of Wills office job, which I wrote about quite a bit and even elicited a letter from him to me about my columns. As I have seen it, Bouchard crossed many lines a judge should not cross, in the notorious TransPerfect case, which I’ve been writing about in this space for the past few years, indeed it was only a matter of time before he had to move on??
God knows what’s going to come out about this in 2021? We’ll likely never know the circumstances under which this retirement came about. Folks, the arrogance, the bias, and the appearances of impropriety in Bouchard’s court were an international embarrassment for Delawareans. Was it his decision or that of Delaware Governor John Carney? Hopefully we’ll find out the details as I continue to cover Delaware operations through the Coastal Network.
Regardless, Bouchard’s leaving is a blessing and hopefully his replacement will be one who maintains ethical objectivity in rulings involving businesses incorporated in Delaware. I would say in all confidence that the continuation of roughly one-third of Delaware’s income from corporate franchise taxes depends on maintaining the once nationally respected ethics, wisdom, and equity of Delaware’s unique Chancery Court.
Please read the WDEL article below.
I would LOVE to hear your feedback on this. Please send me your thoughts.
Respectfully Yours,
The leader of Delaware’s Court of Chancery is retiring in the New Year.
Chancellor Andre Bouchard will step down at the end of April after nearly seven years as chancellor.
Bouchard said he plans to enjoy more time with his family and pursue “other interests,” but did not get specific.
“It has been an honor of a lifetime to serve the citizens of Delaware as the steward of this special institution,” said Bouchard in his resignation letter to the governor.
Chancellor Bouchard was sworn into office in May of 2014 after being nominated by then-Governor Jack Markell. Bouchard spearheaded the effort to expand the Court of Chancery for the first time in over 28 years, increasing its members from five to seven, while maintaining the court’s international reputation in corporate and commercial law.
Gov. Carney thanked Bouchard for his leadership.
“For more than 225 years, the Delaware Chancery Court has been known for its excellence, its stability and objectivity,” said Governor Carney. “Chancellor Bouchard has built on that legacy and has served the State of Delaware with distinction. During his time on the bench, Chancellor Bouchard also oversaw an expansion of the Chancery Court to keep pace with caseloads as more entities choose Delaware as their legal home,” he said.
Prior to his appointment on the esteemed court, Bouchard spent 28 years in private legal practice in Wilmington.
OPINION
Dear friends,
I did some reflecting over the past couple of days, enjoying my Christmas holiday. Here are some predictions of what I think is coming: Joe Biden will be the President and the stock market will eventually crash. The Republicans will win in Georgia, keeping the Senate, if they can prevent election fraud. Biden will have a very difficult time, with nothing getting passed. In 2022, the Republicans will take back the house. Biden will be immediately impeached for high crimes and misdemeanors in the House and will be found guilty in the Republican Senate.
Harris will then become President and by that time the U.S. will be in a depression worse than 1929. Trump will then prevail again in 2024 with a complete Republican takeover of the House, Senate, and the Presidency! The Democrats have won a battle, however, they will lose the war in 2024.
Right now in this country, you can loot, burn, threaten, intimidate, harass, steal elections, and even commit treason with impunity. You can commit heinous crimes in most American cities and be out the next day, however, you can be arrested and fined for keeping your business opened or not wearing a mask.
The next 4 years are going to be horrible for Americans, the extent of the devastation depends on Georgia? That is my view for what it is worth.
As always, whether you are left or right, agree or disagree, your feedback is important and appreciated. Let me know how you feel.
Thank you kindly.
Respectfully yours,
Judson Bennett-Coastal Bennett
Coastal Network.com
Dear friends,
It has been a really rough year. The worry, the fear, the uncertainty has been overwhelming for all of us in 2020. Frankly folks, I have never experienced anything like it. Regardless, I am still alive, we have a vaccine coming, and hopefully our country will survive as a place of hope and prosperity.
All this being said, on behalf of myself and the entire staff of the Coastal Network, I would like to take this opportunity on this Christmas Eve to wish each and everyone of you a wonderful Christmas and a much better New Year in 2021.
If you have family or friends that would like to keep up with what’s happening politically, not only in Delaware, but nationwide from my specific perspective, please have them write to me at [email protected] and I will add them to the list.
Our lives are in God’s hands. Tonight during my Christmas service I will be saying a few prayers. God bless you all and may God bless America!
My very best regards,
JUDSON Bennett-Coastal Network
CoastalNetwork.com
OPINION
Dear Friends,
Look at the ad that ran in the Sunday edition of the Delaware News Journal. After reading it, I’ll say this, folks: Payola isn’t only just money. Delaware Supreme Court Justice Seitz ADMITTED he had a CONFLICT of interest and sat on the panel that ruled on TransPerfect’s case to affirm, what I consider, Bouchard’s thievery from TransPerfect workers.
What’s the Payola, you ask? Seitz’s old firm Ross Aronson just won against TransPerfect workers in Andre Bouchard’s Chancery Court – which to my knowledge doesn’t even hear cases on malpractice or alleged ethical breaches by Mr. Moritz, the lawyer at Ross Aronson.
And won it — without so much as even a hearing!
Coincidence or corruption?? Inquiring minds want to know!
I would love to hear from you on this. Tell me how you feel about these country club cronies, who in my opinion, are stealing money from frontline workers with families to feed?!
I, for one, am totally disgusted by Bouchard and what suspiciously appears to me to be back door deals. How do you feel?
As always, your comments are welcome and appreciated.
Respectfully Submitted,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left”]JUDSON Bennett-Coastal Network CoastalNetwork.com[/avatar]
See the ad in the Wilmington News Journal :
Ad from The DE News Journal December 17 2020
Just when you think he’s maxed out the three C’s: Capriciousness, Corruption, and just plain Crazy — Delaware Chancery Court Chancellor Andre Bouchard gets even crazier, in my opinion, folks, to keep his bloodthirsty revenge against TransPerfect workers going — along with the Skadden gravy train.
I’ve been writing about Bouchard for five years and in my view, the corruption in Bouchard’s court has reached such a level that even TransPerfect CEO Phil Shawe is speaking out personally in an Op-Ed piece in JD Supra, a publication for lawyers.
As I see it, maybe Bouchard should be forced to submit himself for a psychological evaluation to keep his job?!
Please read JD Supra’s “Help Me Andre, Help Help Me Andre” article below and send me your thoughts.
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett?” target=”_blank”]Judson Bennett-Coastal Network CoastalNetwork.com[/avatar]
Reprinted from JD Supra
December 18, 2020
Help Me Andre, Help Help Me Andre
Ross Aronstam Is the Delaware Chief Justice’s Former Law Firm, Will the Chancellor Protect Them from Malpractice Claims?
The Delaware Chancery Court system is broken and in need of immediate repair. I have seen firsthand how greed and brazen conflicts of interest by an unaccountable judiciary can threaten the livelihood of thousands of employees and jeopardize a highly profitable and successful business. The latest example of the unfairness and absurdity of this system is an effort by the former attorneys for TransPerfect, the company I co-founded out of a dorm room in 1992, which now employs more than 6,000 people in over 100 offices around the world, to hold TransPerfect in contempt merely for seeking to enforce its rights in a court outside of Delaware.
The salient facts, as alleged in the publicly filed pleadings, are as follows. In August 2020, TransPerfect filed a lawsuit against the law firm Ross Aronstam & Moritz LLP (“RAM”), and one of its partners, Garrett B. Moritz (“Moritz”), alleging that they committed legal malpractice in connection with their representation of TransPerfect in 2017 and 2018. RAM and Moritz were retained to represent TransPerfect by Robert Pincus, who was appointed by the Delaware Chancery Court to act on TransPerfect’s behalf with certain limited powers such as, for example, breaking ties between the two board members of TransPerfect to the extent they disagreed.
Pincus, however, had a serious conflict of interest. His law firm was billing TransPerfect substantial amounts for his purported services, but he and his firm refused to provide TransPerfect with itemized invoices identifying the services that were actually performed.
The law firm’s fees were paid at the custodian’s sole direction, and the requests by the owners and officers of TransPerfect to see what they were paying for were repeatedly rejected.
As TransPerfect’s attorneys, RAM and Moritz, had an ethical and fiduciary duty to zealously advocate for TransPerfect and represent its best interests (not the best interests of Pincus or his law firm). Unfortunately, they failed to do so. Instead, they took exclusive direction from Pincus and opposed the efforts by TransPerfect’s owners and officers to evaluate the reasonableness of the fees charged by his firm.
This egregious dereliction of duty in negligently, recklessly, and/or willfully following the custodian’s instructions, which was directly contrary to the best interests of TransPerfect, is the basis for TransPerfect’s legal malpractice action.
That action should proceed in New York, where the case was filed and where TransPerfect’s corporate headquarters is located. Had RAM and Moritz wished to litigate disputes in Delaware, they could have included a forum selection clause in their engagement letter with TransPerfect, but they chose not to do so.
Rather, they are attempting to take advantage of unrelated transactional documents concerning my acquisition of TransPerfect to hold me and TransPerfect in contempt of court for seeking to file a legitimate malpractice claim in a forum outside the Delaware Court of Chancery, which has no substantive experience hearing legal malpractice actions. This is particularly galling because the Delaware Chancery Court is the Court that appointed Pincus in the first place. At minimum, this creates an appearance that we will not receive a fair and unbiased trial before a neutral finder of fact.
It is a travesty of justice that TransPerfect may be forced to litigate in a hostile forum to resolve a legitimate dispute with its own law firm. The fact that I personally and the company may face sanctions merely because TransPerfect has elected to pursue its rights outside of Delaware should be troubling to any business owner, and should cause any prudent person to question whether incorporation in Delaware makes sense for their business.OPINIONDear friends,I often get annoyed, and at the same time amused, at the absurdity and ludicrousy of many of the Palm Beach liberals. Now these looney-tunes in their typically elite, yet malicious manner, want to make President Trump’s life more difficult by saying he can’t live at Mar-a-Lago after his Presidency ends. Folks, he is the owner, not just a club member, so he can live on the property. He will go to court if necessary and these snooty Palm Beachers will get their liberal asses handed to them, once again, as they have in the past.From an economic point of view, what could be better than as a neighbor to have a former President live near you? Talk about elitism, talk about an increase in property values — these idiots are being stupidly petty in their objections to the point of absolute non-intelligent reasoning.Interestingly, the folks that are really going to have a legitimate complaint are the residents of Rehoboth Beach, Delaware, which is where I used to live — residing actually both in Lewes and Rehoboth at different times. I am totally familiar with the area. The north end of Rehoboth is called North Shores and it has one road in, one road out. It is going to be the weekend White House for Joe Biden. Every weekend, in order to provide proper security, the ocean beach will be closed for fishing and swimming, the boating off the beach will be restricted for 2 miles, the road in and out will have secure check points, and the Lewes/Rehoboth canal behind Biden’s house will have to be restricted. The neighbors in Henlopen Acres and North Shores are going to see their lives change every weekend and the travel at certain times on Route 1 — when Biden is coming or going, it’s going to become a more congested nightmare than it already is!Please read the ridiculous article below about how Palm Beachers are concerned about Trump’s future living arrangements, however these concerns pale in comparison to the reality of Joe Biden’s summer and weekend property in lower, slower Delaware and how a residential nightmare is soon to begin in Rehoboth Beach.As always your comments are welcome and appreciated.Scroll down to read the article:Best regards,JUDSON Bennett-Coastal NetworkCOASTALNETWORK.COMhttps://news.yahoo.com/mar-lago-neighbors-trump-forfeited-113447652.html
Mar-a-Lago neighbors say Trump forfeited right
to live on estate once presidency ends
Christine Stapleton, Palm Beach Post
Thu, December 17, 2020, 10:51 AM EST
PALM BEACH — President Donald Trump and the first family should not expect to be welcomed to the neighborhood with open arms when they move from the White House to Mar-a-Lago — dubbed the Winter White House by the soon-to-be former president.
West Palm Beach attorney Reginald G. Stambaugh sent a letter to Palm Beach Mayor Gail Coniglio and the Town Council on Tuesday laying out the legal reasons and security concerns that should bar Trump from living at his private club.
According to Stambaugh, Trump has violated an agreement he entered into with the town after lengthy, contentious meetings in 1993 over his commitment to preserve the 18-acre estate if the town allowed him to turn Mar-a-Lago into a club.
It wasn’t the only letter Coniglio received on the topic this week. A fax pocked with grammatical and spelling errors sent by an organization few knew anything about arrived Thursday expressing similar concerns.
“Neighbors of Mar-a-Lago, have a message for the outgoing commander in chief: We don’t want you to be our neighbor and break our laws,” read the opening salvo from the group calling itself The Palm Beach Committee.
“When Mr. Trump vacates D.C. the majority of town residents and your constituents; Do Not want Trump to erect a new home or take permanent residence at Mar-a-Lago Social Club,” the committee added.
The fax does not identify members of the committee; Coniglio said she had never heard of it. It claims it, too, says Trump lost the right to live at the estate when he entered into the agreement in 1993. And it raised the specter of fervent and controversial Trump supporters showing up in the neighborhood.
“Trump is not above the law where he can flip / flop the town charter, laws and signed agreements to suit his personal whim,” the fax read. “We do not (want) Proud Boys, Skin Heads, Neo Nazi Crazies visiting Trump proposed new PB residence. We hope you agree!”
Stambaugh also sent a copy of his letter, first reported by The Washington Post, to the Secret Service, which has not yet revealed security plans for Mar-a-Lago once Trump’s presidency ends.
The town of Palm Beach was especially leery of Trump at the time he negotiated to convert Mar-a-Lago into a club. A year earlier, he had failed to convince the council to allow him to subdivide the property and build mini-mansions.
Under the agreement, the club’s 10 guest suites could be used only by members and their guests for a maximum of three times a year and for no longer than seven days at a time. And those seven-day stays couldn’t be strung together consecutively.
However, there remains the question of whether Trump – as owner of the corporate entity that owns the club – should be considered a member or an owner. Trump purchased Mar-a-Lago in 1986 and lived at the estate during the season with his first wife Ivana and their children.
Trump and his attorney, Paul Rampell, presented Trump’s plan to convert Mar-a-Lago at a Town Council meeting on May 13, 1993. Rampell assured the council that Trump would no longer live at Mar-a-Lago.
“Another question that’s often asked to me is whether Mr. Trump will continue to live at Mar-a-Lago,” Rampell said during the presentation. “No, except that he will be a member of the club and and therefore will be entitled to the use of guest rooms.”
But all of Rampell’s verbal assurances did not make it into the agreement. There is no language about whether Trump — as owner — must abide by the rules about overnight stays that apply to members. Neither Rampell nor the Trump Organization returned a request for comment.
While the agreement does state that “the land shall be used as a private social club” and the club must abide by the uses allowed and prohibited by the agreement, the only reference to using it as a private residence is if the club shuts down.
Trump’s status and right to live at Mar-a-Lago have never been formally challenged.
“As everyone knows, President Trump is already in violation of the Use Agreement by using Mar-a-Lago in excess of the allotted time,” Stambaugh wrote in his letter. “This violation (as well as others on record) will continue without Town intervention.”
Stambaugh also cited health concerns caused by a microwave security fence on the property “which is known to cause permanent brain trauma and other debilitating injuries.”
Stambaugh said his client, whom he did not identify in his letter, “exhibits symptoms of exposure.” Stambaugh did not respond to a request for comment.
Stambaugh said neighbors also are concerned about “significant devaluation” of their property because of Trump’s visits to his club, some lasting nearly two weeks.
Trump has made more than 30 presidential visits to Mar-a-Lago. During that time, residents and their yard workers, pool cleaners and other staff have had to pass through security checkpoints to reach their homes.
This week’s complaints from Mar-a-Lago neighbors are not the first Trump has faced since becoming president. Neighbors fiercely complained when Trump requested a helipad be installed on the estate’s back lawn. The Town Council agreed, provided it be used only for presidential business and be removed when Trump leaves office.
Trump butted heads with neighbors again in February 2019, when he sought approval to build a dock there. The council shot down his request, but Mar-a-Lago renewed its request in May, saying only Trump family members would use the dock. The club quickly withdrew its request.
However, none of the neighbors’ complaints recognize that Trump, too, is himself a neighbor of Mar-a-Lago. Trump-affiliated businesses or family members own two homes just north of Mar-a-Lago and an oceanfront estate on the north side of Mar-a-Lago’s beach.
Although Trump and the first lady switched their legal residency from New York to Mar-a-Lago last year, there would seemingly be no obstacles preventing Trump from living in another nearby Trump property.
As for what happens next, Coniglio said a formal request would have to made for the council to take up the matter.
“I think it’s obvious we need to take a deeper dive into things and get some legal advice,” Coniglio said, adding that the issue could “simply be a code-enforcement violation.
“Like any issue in Palm Beach, it will take on a life of its own.”
Palm Beach Daily News Staff Writer Darrell Hofheinz contributed to this report.Contact Christine Stapleton at [email protected] or on Twitter @StapletonPBPostOPINIONDear friends, Delaware Chancery Court Chancellor Andre Bouchard is the Michael Jordan of corruption, folks. He just keeps raising the bar to meet his needs and the needs of his legal pals. The horrendous state of these judicial thugs, in my opinion, is beyond comparison in U.S. history. We’d clearly have to call this outrageous Chancellor, the Kingpin of Delaware!To really understand the illicit motives of this Chancellor, today he awarded his friends at Chief Justice Seitz’s old law firm a victory, after promising a hearing — with no hearing! This reeks of prohibition-era-Chicago corruption in this old guy’s view. I’ve never seen such, in my view, despicable conflicts of interest that seem to be apparent in Bouchard’s Court. How can this type of corruption be allowed to continue like this in Bouchard’s once-revered Chancery Court See the Yahoo Finance story below. I would love to hear your thoughts on this one, folks! Respectfully Yours,JUDSON Bennett-Coastal Networkhttps://www.google.com/amp/s/finance.yahoo.com/amphtml/news/citizens-pro-business-delaware-slams-185500621.html
Citizens for a Pro-Business Delaware Slams Chancery Court Chancellor Andre Bouchard Following Ruling Protecting Firm of Former Supreme Court Chief Justice CJ Seitz
Wed, December 16, 2020, 1:55 PM EST
Citizens for a Pro-Business Delaware remains committed to exposing backdoor dealings within the Delaware Court System
Today, following a Chancery Court ruling that granted a motion to the old firm of former Delaware Supreme Court Chief Justice CJ Seitz against TransPerfect and Shirley Shawe without a hearing, Citizens for a Pro-Business Delaware campaign manager Chris Coffey released the following statement:
“Once again, Chancellor Bouchard has opted to rule in favor of an old colleague and friend rather than following the merits of the argument. Even worse, he has done so without a hearing, meaning TransPerfect has no recourse or opportunity to make its case.”
“This is a classic example of how the ‘old boys’ club’ of Delaware’s court system protects its own without transparency or accountability. While Seitz disqualified himself from participating in the TransPerfect case twice, he somehow thought it was appropriate to sit on the TransPerfect appeal even after that disqualification.”
“Now, Bouchard is ruling in favor of Seitz’s former firm, Ross Aronstam & Moritz, in order to protect them. This is obviously returning the favor for when Seitz, despite having a clear conflict of interest, sitting on the TransPerfect case and affirming Bouchard’s ruling. The people of Delaware deserve to have a transparent and accountable court system, not the same old corrupt system that lets justices protect their friends and cronies at all costs.”OPINION
Dear friends,
At this moment in time, the future of the United States is teetering on the brink of radical change that could be shocking to most traditional Americans. Indeed, for all intents and purposes, Joe Biden will eventually be installed in January as the 46th President of the United States.
President Donald Trump, having lost a Supreme Court bid to overturn the election and the Electoral College vote, still has an extremely narrow path or two before surrendering the Presidency. There is no doubt he will fight to the bitter end, with the possibility of a serious Constitutional Crisis. The evidence of election irregularities is terrific beyond belief and the validity of the process is in huge doubt??
What options does President Trump still have? 1) In the face of rampant voter fraud, from which, in Trump’s mind and the minds of 70 million voters, the election was stolen, he could still find a lawyer who was able to write a significant brief showing legitimate “STANDING” and “EVIDENCE” enough to get the case actually heard before the United States Supreme Court. 2) There are still some State Court options available that could prevent certification. 3) Trump could determine that the country is in danger of an illegitimate, hostile takeover, refuse to give up the Presidency, and institute the “Insurrection Act”, bringing out federal troops. Regardless, Trump has a very narrow road to follow with enormous odds against him.
Why on paper and according to the official calculations did Trump lose? No doubt in my mind, there were thousands of counterfeit votes stuffed into the tally, votes actually changed and counted, votes allowed that should not have been, and Dominion Voting machine fraud that changed Trump Votes to Biden votes.
The news media presented one false scenario after another, brainwashing innumerable voters. The Covid-19 pandemic clouded all of Trump’s magnificent achievements, creating economic chaos in the country. Finally, Trump ran the worst Presidential campaign in U.S. history–void of proper opposition research, ignoring the devastating facts about Biden’s dishonesty, which if utilized properly in TV ads, Biden would not have had a chance. Trump was out gunned 7-to-1 in TV ads and Trump rallies obviously were not enough!
Regardless, with Biden as President it will not be a good situation and indeed problematic, and if Georgia sends two Democrats to replace two Republicans in the Senate, it will be a disaster with socialist programs and tax increases that will send America into economic ruin.
As always, whether you are left or right, agree or disagree, your feedback is important and appreciated. Let me know how you feel.
Thank you kindly.
Respectfully yours,
Judson Bennett-Coastal Bennett
Coastal Network.com
Dear friends,
I don’t want anybody to forget, if by chance, former Delaware Supreme Court Justice Leo Stine tries to run for office or is considered for an appointment, how much he and his confederate cohorts like Chancellor Andre Bouchard have, in my opinion, damaged the reputation of America’s First State. Having witnessed his arrogance and rudeness in the TransPerfect appeal, I was actually embarrassed by his despicable behavior.
The bias exhibited in his demeanor and subjective decisions has hurt Delaware’s credibility. If Strine ever runs for office or campaigns for a space in the Biden administration, I will be first in the picket line, folks. No one should forget. It wasn’t just the Coastal Network giving him flak. See the Law360 article below.
As always, let me know your thoughts! Delaware has suffered enough!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett”]Judson Bennett-Coastal Network[/avatar]
CoastalNetwork.com
Justice Strine Catches Flak For Delaware’s Diminished Rep
By Matt Chiappardi
Law360, Wilmington (September 15, 2017, 6:30 PM EDT) —
Court watchers, legal experts and Delaware attorneys have all pointed to a patchwork of reasons they believe the First State fell to 11th place in the 2017 U.S. Chamber of Commerce survey of business-friendly states after holding the top spot since the survey began in 2002, chiefly a series of decisions perceived as plaintiff-friendly that surprised corporate executives. Perceptions of Chief Justice Strine, a prominent figure in the state for more than 20 years, took a back seat to other expressed concerns, but the top jurist’s demeanor on the bench has been an elephant in the room for some time. Delaware’s Chief Justice Leo E. Strine Jr., with his biting wit and forceful personality on the bench, is facing fire from some for the First State’s tarnished reputation among many business leaders, with attorney Alan Dershowitz calling him “an unfortunate face” for the state.
Dershowitz, who got into a public dust-up with the chief justice during Supreme Court oral arguments in January and represents a litigant staunchly critical of Delaware court decisions, called him “rude” and suggested his image is not helping the First State’s reputation in the business world.
“You don’t feel like you’ve had a fair shake if you’re in front of him,” Dershowitz told Law360. “He dominates everything. He doesn’t ask questions. He’s very intolerant. It’s as much about personality as it is about policy.”
Many, even those who acknowledge that his sometimes harsh temperament can be off-putting, have rallied to his defense, pointing to what they said is his impressive intellect, work ethic and dedication to Delaware’s jurisprudence.
While Dershowitz was more caustic in his criticism of Chief Justice Strine, others in Delaware legal circles confirm that the chief justice’s larger-than-life persona is not just a frequent topic of private conversation, but a source of consternation among some corporate executives.
High-level directors don’t like seeing expensive corporate counsel dressed down in public court and bristle at how amplified his strong views can be if decisions don’t go their way, attorneys have said.
When Chief Justice Strine was a vice chancellor and ultimately chancellor of the Chancery Court, attorneys would alter their presentations if they knew they’d be in front of him in order not to be on the receiving end of some barb.
There’s also a perception that the chief justice is mercurial when he looks at cases, and attorneys who find themselves in his doghouse have a hard time getting out, often to the detriment of their cases.
Chief Justice Strine, a former Skadden Arps Slate Meagher & Flom LLP associate, was legal counsel and policy coordinator for Gov. Tom Carper in the 1990s. Carper nominated him to the Chancery Court in 1998, and he ascended to chancellor in 2011.
When Gov. Jack Markell nominated him to be chief justice of the Delaware Supreme Court in 2014, there was some concern that he would deviate from Delaware’s tradition of maximizing judicial consensus in decisions, or that his domineering persona might lead to his bullying his colleagues behind the scenes.
Those worries have eased somewhat during the three years he’s had the center seat on the Supreme Court bench, and court has seen split decisions, such as the Williams Cos. v. Energy Transfer Equity case earlier this year, with the chief justice on the dissenting side.
But some, even those who are not fans of the chief justice’s style, essentially say that attorneys appearing in front of him should simply “toughen up” and suggested they should rethink being a lawyer in the first place if they can be shaken by such a thing.
Dershowitz represents Shirley Shawe, mother of TransPerfect co-founder Philip Shawe and 1 percent stakeholder in the company, who has been waging an acrimonious fight over control of the company and staunchly opposes the Chancery Court’s order the company be sold over their objections.
When the issue was argued before the Supreme Court in January, Chief Justice Strine brusquely admonished Dershowitz when the attorney tried to make an additional point after his portion of the rigidly timed arguments had expired. The exchange was tense, but attorneys are rarely given extra time in the court once the clock has run down.
Lawrence Hamermesh, professor of corporate and business law at Widener University Delaware Law School, raised his eyebrows at Dershowtiz’s comments and noted his status as a paid member of the Shawe legal team.
“Having looked at that case, I don’t think he has anything worth saying or listening to,” Hamermesh said.
Chancellor Andre G. Bouchard had ordered the profitable legal translation services company sold in 2015 to break a deadlock between Philip Shawe and Elizabeth Elting, former romantic partners who founded the company 25 years ago and have seen their relationship descend into a morass of litigation, on grounds it threatened the financial future of the firm. The Shawes have been resolute in their opposition to the order, including the launch of a failed appeal at the Delaware Supreme Court that was based in part on the theory the forced sale was an unconstitutional taking and a federal lawsuit from Philip Shawe arguing the decision violated his civil rights.
There’s also been an aggressive public relations campaign purportedly by a group of TransPerfect employees slamming the decision as bad for business and bad for the First State that gained support from former gubernatorial hopeful and Delaware Senate Republican Colin Bonini.
The bevy of billboard, television and radio ads from the group calling itself Citizens for a Pro-Business Delaware, which hired Bradley Tusk’s firm Tusk Management for the campaign, has been viewed by many as a PR ploy from a side simply unhappy with a court decision, but the TransPerfect issue has gained traction among some conservative circles in the state.
William M. Lafferty, a partner at Morris Nichols Arsht & Tunnell LLP and veteran member of its corporate and business litigation group, called the campaign “utterly lacking in credibility.”
Chief Justice Strine’s irreverent style is no surprise, and has been the subject of controversy and rebuke before.
When he was chancellor in 2012, the state Supreme Court issued a per curiam opinion that including several paragraphs chastising him for a 10-page digression in an opinion on the Gantz Properties v. Auriga Capital case for straying beyond the bounds of judicial decisions, writing that if he wants to “ruminate on what the proper direction of Delaware law should be, there are appropriate platforms, such as law review articles, the classroom, continuing legal education presentations, and keynote speeches.”
Also as a chancellor in 2012, he courted controversy in a case involving the divorce of fashion executives Tori and Chris Burch when he referred to the proceedings as a “drunken WASP fest.”
John G. Harris, co-founding partner of Delaware law firm Berger Harris LLP, said concerns about Chief Justice Strine are frequently “overblown” and “fundamentally not sound,” calling him good for the “Delaware brand.”
“I’ve been on the receiving end of some direct and pointed commentary and questioning and it’s never been unfair,” Harris said. “Bring your A game when you step into his courtroom. It’s made me a better lawyer.”
Chief Justice Strine declined to comment for this story.
–Editing by Brian Baresch and Emily Kokoll.OPINION
Dear Friends,
Everyone knows Chancellor Bouchard stands accused of ethical misconduct in the TransPerfect case, but what you probably don’t know is that Bouchard seems to be a repeat and habitual offender. Check out the Roche Diagnostics case below!
Throughout Delaware law, the words “The Appearance of an Impropriety is as bad as the Impropriety itself,” are written everywhere and are supposed to be relevant in regard to the operation of the justice system. Folks, in my view, there’s more than an “Appearance” — where there is smoke, there’s fire!! And Bouchard’s King Street Chancery Courthouse in Wilmington is billowing smoke like the Vatican during Conclave!
Folks, the Delaware judicial swamp must be drained– starting with the “Creature from the Black Lagoon,” who pretends to be a judge, Chancellor Bouchard.
As always, your feedback is welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
https://www.law360.com/articles/1133891?scroll=1&related=1
DELAWARE CHANCELLOR BOUCHARD ACCUSED OF NOT DISCLOSING CONFLICT OF INTEREST WHILE ATTYBy Vince Sullivan
Law360 (February 28, 2019, 9:51 PM EST) — A biotechnology company said Thursday that neither Chancellor Andre G. Bouchard nor now-retired Vice Chancellor Donald F. Parsons Jr. disclosed Bouchard’s prior role as the Delaware Chancery Court’s attorney in a high-profile First Amendment case while he simultaneously argued separate litigation before Vice Chancellor Parsons that created a conflict of interest.
Meso Scale Diagnostics LLC said Bouchard represented defendant Roche Diagnostics GmbH in the intellectual property rights suit that was tried in 2014 before Vice Chancellor Parsons while Bouchard was also representing him and the other chancery judges in the First Amendment case that targeted a closed-door arbitration program involving them.
The apparent conflict necessitates vacating Vice Chancellor Parsons’ rulings in favor of Roche and ordering a new trial on Meso’s claims, Meso’s complaint argued.
“A reasonable observer would conclude that there is a serious potential for bias when the attorney representing a party is also representing the trial judge in another matter,” the complaint said.
Jacob Wohlstadter, Meso’s president and CEO, discovered the conflict in early 2018 when internet research revealed that Bouchard, while an attorney with Bouchard Margules & Friedlander, represented the Court of Chancery, the chancery court judges and the state of Delaware in a 2011 suit brought by the Delaware Coalition for Open Government, the complaint said.
That suit, brought in Delaware federal court, alleged the Court of Chancery had violated the First Amendment by holding arbitration sessions that were closed to the public, according to the complaint. The federal court dismissed the Court of Chancery and the state of Delaware from the suit on sovereign immunity grounds but ruled against the judges’ summary judgment motions.
Bouchard represented Vice Chancellor Parsons and the other judges in their appeal to the Third Circuit, which affirmed the federal court’s rulings. He continued to represent them when they submitted a petition for a writ of certiorari to the U.S. Supreme Court, Meso said.
Bouchard represented Vice Chancellor Parsons from 2011 to 2014, encompassing the majority of the time the Meso litigation was pending before him, Meso alleges, and neither party ever disclosed this representation.
Bouchard was nominated to fill the vacant chancellor seat in March 2014, four months after post-trial arguments in the Meso litigation, and he ascended to the seat in April 2014, two months before Vice Chancellor Parsons issued his opinion in the Meso case, the company alleges.
Meso argues that its due process rights were violated because of the potential bias created by Bouchard’s dual representations at the time of the litigation. The complaint said a judge may feel “a debt of gratitude” to his own attorney; that a judge obviously has a favorable opinion of his own attorney’s legal skills and character, causing the court to be deferential to the attorney; and that the judge and his attorney have a “special relationship” that causes the judge to rule in his own attorney’s favor.
Vice Chancellor Parsons should have recused himself from presiding over the Meso litigation to comply with ethics rules and previous holdings of the Court of Chancery on such conflicts, the company said.
“The ethical rules requiring recusal when a judge’s attorney appears before the judge are broad and uncompromising,” the complaint said.
Those rules require recusal even when there is no evidence the judge is actually biased, Meso argued.
Because all the then-current judges of the Court of Chancery were being represented by Bouchard in the federal court case, another judge from outside that court should have presided over the Meso case, the complaint said.
Meso brought its suit against Roche in 2010 over alleged breaches of a licensing agreement for blood protein testing technology. In June 2014, Vice Chancellor Parsons ruled that Meso couldn’t challenge Roche’s use of the licensed technology. Meso appealed that decision to the Delaware Supreme Court, which affirmed the ruling, and then filed a petition for a writ of certiorari with the U.S. Supreme Court, which was denied.
Parsons, Bouchard and representatives for Meso and Roche did not immediately respond late Thursday to requests for comment.
Neither Bouchard nor Parsons are named as defendants in the complaint.
Meso is represented by David L. Finger of Finger & Slanina LLC and William S. Consovoy and J. Michael Connolly of Consovoy McCarthy Park PLLC.
Counsel information for Roche was not immediately available Thursday.
The case is Meso Scale Diagnostics LLC et al., v. Roche Diagnostic GmbH et al., case number 2019-0167, in the Court of Chancery of the State of Delaware.
–Additional reporting by Caroline Simson and Vin Gurrieri.
Editing by Haylee Pearl.JUDSON Bennett’s Coastal NetworkOPINION
Dear Friends,
I write about lots of things concerning politics and about Delaware in general. It looks as if former Delaware U.S. Senator and former Vice President Joe Biden is actually going to be the President of the United States. Indeed, it is my profound belief that he does not deserve to be President, that he is the most corrupt politician in U.S. history, and his election was the result of grotesque voter fraud.
Regardless, Delaware apparently is going to have one of its own in charge of our future, which to me is extremely frightening. What this man represents and the people he is surrounding himself with, will put the United States on a path to complete Socialism, a life without hope, and the existence of mediocrity. Indeed, my sincere desire is that the election be invalidated by the Supreme Court and sent to Congress to decide. I wanted to get that point across before going further.
Regardless, my disdain for Biden and the devastation I am certain he will bring, along with my chagrin that he is so corrupt, is not the point of this article. Actually folks, Delaware almost had another character be a viable candidate for President. He was not blatantly corrupt like Joe Biden, but his probable racism and Southern sympathy, were the “RUBS” that disqualified him from getting there.
I find this Delaware history personally interesting, because I had a relationship of sorts with many of the direct relatives of Thomas F. Bayard, Sr. My parents had a house on Lewes Beach, 5 houses away from the Bayard family. I knew the father Tom Bayard and his wife Josephine Linder (Tom was the grandson of Thomas Sr. and great grand-daughter Josephine (Dosie) Bayard was my first girlfriend. After the death of my wife, I had a 3-year relationship again with Josephine (Dosie) Bayard in Palm Beach, which did not end well. Interestingly, I attended St. Andrew’s School with great-grandson Tim Bayard (Thomas F. Bayard III), who was Josephine’s brother. Indeed I know the whole family, brothers, sisters, cousins, aunts, and uncles, great-great grand-children. I know everything about them all — good and bad. Once the Bayards hooked up with the DuPonts, their influence, power and wealth grew stronger. They all have very substantial trust funds. Remarkably, some even have tattoos, which would probably make a few of the dead relatives roll over in their graves. What I also find fascinating is that the Bayards are descended from Peter Stuyvesant, the Dutchman who had been the 17th-century general director of the colony of New Netherland, which at one time, included the Dutch settlement which is now Lewes, Delaware). Interestingly, I have learned recently that I am a descendant of Peter Stuyvesant as well, which probably has a few Bayards rolling over in their graves also-LOL.
All this being said, Thomas F. Bayard, Sr was a remarkable man who actually kept Delaware from being a Confederate state. He was the first ambassador from the U.S. to the United Kingdom. Unfortunately, his actions, vocal sympathies, and suspected racism, kept him from achieving these ambitions. Please read the article below which clearly tells you who Thomas F. Bayard, Sr. was, how he affected Delaware, and the fact he came close to being President. So Be it!
As always your comments are welcome and appreciated.
Check out the interesting article below.
Yours truly,
JUDSON Bennett-Coastal Network
https://www.delawareonline.com/story/news/2020/10/30/before-biden-man-delawarean-who-came-closest-presidency/6052282002/
Before Biden, this man was Delawarean–
who came closest to presidency.
Kevin Tresolini
Delaware News Journal
Joe Biden has already been a heartbeat from the presidency after serving eight years as Barack Obama’s vice president.
Now he’s poised to possibly become the first U.S. president to call Delaware home.
But before Biden’s arrival on the national political scene nearly 50 years ago, Thomas F. Bayard Sr. held the distinction of the Delawarean who came closest to landing in our nation’s highest political office.
Even though he didn’t, Bayard was well known nationally and internationally as a statesman.
While serving as a U.S. senator from 1869-85 and then secretary of state, during periods when there was no vice president, Bayard was next in line to become president.
He also unsuccessfully bid to become the Democratic Party’s nominee to run for president in 1876, 1880 and 1884. His compassion for the struggling Southern secessionists during and after the Civil War may have come back to haunt him.
“This ardent championship of a stricken section made him suspect in the North and helped to blight his Presidential prospects,” Georgetown University professor Charles Callan Tansill wrote in “The Congressional Career of Thomas Francis Bayard, 1869-1885.”
“His sympathy for the South was regarded by the Radicals as something akin to treason, and they helped to create the impression that his nomination as President would be a breach of faith with the millions who had worked and fought to save the Union. In the South many politicians were fearful of making Bayard their standard-bearer because large groups of voters in the North resented his affection for Dixie.’’
As it was, Bayard had actually played a key role in preventing Delaware, a border state, from also joining the Confederacy during an 1861 speech in Dover.
“Delaware was pretty close to seceding,” said great-grandson Richard Bayard, a 71-year-old Wilmington attorney and public policy operative. “That speech was credited with helping Delaware not secede, to stay in the Union. He suffered damage from it but he kept Delaware in the right place and that was good.”
Some of Bayard’s greatest distinction came during his final political assignment serving as the first U.S. ambassador to the United Kingdom during president Grover Cleveland’s second term from 1893-97. He eased often-tense relations between the countries and set the tone for their alliance.
Cleveland was among the pallbearers when Bayard was laid to rest at Old Swedes Church in Wilmington two days after his death, at age 69, on Sept. 28, 1898.
“Although born in Delaware,” Judge Charles Swain of Florida eulogized that day, The Morning News reported, “he long since belonged to the United States of America and its people, and that his energy and usefulness and skill and honor were exerted at home and abroad for their benefit.”
Several thousand visited his tomb at Old Swedes Church that weekend, newspapers reported.
Bayard’s life was heralded throughout Delaware, nationally and in the United Kingdom.
“This state has lost its foremost citizen and the world a great citizen,” wrote the Dover Delawarean.
“No man in the United States,” The Richmond Times opined, “was more universally respected than Thomas Francis Bayard of Delaware. He was an American nobleman who thought more of country and principle than of political preferment.”
While the 6-foot-1 Bayard was certainly a towering figure from a prominent political family, he actually had a rather complicated relationship with history.
He was among five Bayards to serve in the United States Senate, along with grandfather James A. Bayard Sr. (1804-1813); uncle Richard Bayard (1836-1839/1841-1845); father James A. Bayard Jr. (1951-1864/1867-1869); and son Thomas F. Bayard Jr. (1922-1929).
His great-grandfather Richard Bassett, who was James A. Bayard Sr.’s father-in-law, also represented Delaware in the first U.S. Senate from 1789-1793 and was among the signers of the U.S. Constitution in 1787. He was later governor of Delaware.
The Bayards descended from Stuyvesant Peter, the Dutchman who had been 17th-century general director of the colony of New Netherland, which covered what is now much of the Mid-Atlantic coast into southern New England, including Delaware. His wife was Judith Bayard.
“It’s a proud family history,” said Richard Bayard, who was the third member of his family to serve as Delaware Democratic Party chairman. His father, Alexis I. du Pont “Lex” Bayard, was Delaware’s lieutenant governor from 1949-53 but lost a 1952 U.S. Senate race to incumbent John J. Williams.
U.S. senators were chosen by state legislatures until the Constitution was amended in 1913, giving that duty to voters. Thomas F. Bayard Sr. had been selected by the General Assembly in 1869 to succeed his retiring father, who had returned to the Senate following the death of his successor George Riddle two years prior.
The Democrats were often in the minority when Bayard was in office. But Bayard, a conservative, had already made headlines that followed him throughout his political career.
At the outset of the Civil War, slavery was legal in Delaware, though less than two percent of the population was comprised of slaves, mostly in Sussex County.
Like his father, Bayard had spoken out against war and felt southern states should be allowed to secede if they so desire. Some took exception with his opposition to President Abraham Lincoln’s decision to forcefully fight southern secession, giving the impression Bayard was pro-Confederate, though Bayard did not believe Delaware should join the rebellion.
At a June 1861 “peace meeting” in Dover, Bayard was reported to have calmed an angry crowd and perhaps prevented Delaware from actually joining its southern neighbors, newspapers reported. But Bayard had been part of an independent volunteer militia group and was arrested and briefly imprisoned for refusing to surrender his firearms when the Union army began to form regiments.
Even after Lincoln’s Emancipation Proclamation was issued in 1862 and went into effect Jan. 1, 1863, freeing slaves in Confederate states who escaped to Union-held areas, the Delaware General Assembly stubbornly refused to eradicate slavery in the state. It remained legal until the 13th Amendment officially eliminated slavery at the end of 1865.
After joining the Senate in 1869, Bayard opposed many of the Republican-led Reconstruction efforts resulting in the 13th, 14th and 15th amendments – all initially rejected by Delaware – and the Civil Rights Act of 1875 aimed at voting rights and other forms of equality for oppressed Blacks and former slaves.
Viewing Bayard’s civil rights record through a 20th-century lens, “Our country was fortunate he didn’t make it to the Oval [Office],” News Journal columnist Bill Frank wrote in 1986, when Biden and then-Gov. Pete du Pont were gearing up for 1988 shots at their parties’ presidential nominations.
He did come close.
Bayard was popular in the south for his post-war support and had backers in the North because of his conservative economic record, mainly backing the gold standard to support the monetary system.
Bayard placed a distant fifth at the 1876 Democratic convention, when New York Gov. Samuel J. Tilden was a landslide winner as the nominee. Tilden lost a disputed election to Rutherford B. Hayes, who lost the popular vote by about 250,000 votes but edged Tilden 185-184 in the Electoral tally. A 15-member Electoral Commission, of which Bayard was a member, comprised of congressmen, senators and Supreme Court justices ultimately decided the outcome after voter fraud was discovered in several southern states.
Bayard, by then chairman of the Senate finance and judiciary committees, finished second to Civil War hero Winfield Scott Hancock at the 1880 Democratic National Convention in Cincinnati after first-ballot competition had him just 17½ votes behind. He was then was runner-up to New York Gov. Cleveland in 1884 in Chicago.
Georgetown’s Tansill wrote, citing articles from New York newspapers, that “Bayard’s Dover speech still stalked him on the floor of the convention” in Chicago. There was fear Republicans would use it against him, even while many Democrats expressed their unsurpassed regard for Bayard and faith in his ability to serve as chief executive.
“It would be suicidal to nominate him,” one Congressman said.
In between those two conventions, Bayard was briefly next in line to be president.
At the time, if there was no vice president, the line of succession called for the president pro tempore of the Senate to assume the presidency should it become vacant. Bayard had briefly held that role in 1881 following President James Garfield’s assassination and Vice President Chester Arthur becoming president in September.
According to a 1965 Delaware Today article, Arthur called for a special session of Congress, which wasn’t slated to convene until December, just so there was a designated successor. Though Arthur was a Republican, the Senate was initially in Democratic control. It narrowly elected Bayard as president pro tempore on Oct. 10.
But late-arriving senators from western states gave majority rule back to Republicans. Bayard stepped aside, clearing the way three days later for Republican Illinois Sen. David Davis, who was born in Cecil County, Maryland, to be elected to the post.
After winning the 1884 general election over Maine Republican James Baine, Cleveland selected Bayard as his secretary of state, ending his 16 years in the Senate. Vice President Thomas Hendricks died, however, more than eight months after assuming the office in the fall of 1885.
Once again, Bayard became next in line.
After the Garfield/Arthur situation in 1881, some in Congress felt the Presidential Succession Act should be amended, believing it made more sense to have Cabinet members be appointed instead of elected. The changes were passed by the House and Senate and signed into law Jan. 19, 1986, by Cleveland.
That made his secretary of state, Bayard, as he was for those few days as Senate president pro tempore in 1881, the potential successor should Cleveland die in office. After the secretary of state, the secretaries of treasury and war and then the attorney general were next in line.
More changes were made in the 1940s, when the Speaker of the House was made first in line of succession, and in the 1960s, when an amendment was passed to replace the vice president should that office become suddenly unoccupied.
During his time in government, Bayard continued to operate a law office at Ninth and Market streets in Wilmington
Bayard lived in a mansion that was called Delamore Place located on high ground on the city’s west side at 302 South Clayton Street, near its intersection with Maple Street. It afforded sweeping views of downtown Wilmington and the Delaware River.
Cleveland had visited Bayard at his home on several occasions. Bayard Middle School, bearing the family name, sits there now.
A couple miles away, a statue of Bayard rises along Kentmere Parkway across from the Delaware Art Museum. It was erected in 1907, not just to honor Bayard’s political career but his role in creating the Wilmington park system.
Its plaque includes a quote from Cleveland.
“Bayard is the purest and most patriotic man I know,” it reads.
OPINION
Dear Friends,
Finally, we’re seeing action by Andre Bouchard, Chancery Court Chancellor, regarding the notorious TransPerfect case in Delaware. The grotesque perception by many of the apparent swiping of wealth from company employees to Bouchard and his Skadden cronies will finally have an expiration date. This ATM with money that keeps coming out — to the tune of more than $15 million — will finally expire. The case closed three years ago and Skadden is still billing this successful company. You could easily argue that the court never should have taken it over in the first place. It took over a company with a growth-rate higher than Apple!
Citizens are calling for the resignations of Pincus and Skadden’s lead attorney on the case, Jennifer Voss, as you’ll see in the story below. An end date to the ridiculous money flow from TransPerfect to, what I view, as crooked operatives, in Delaware’s Chancery Court and Skadden, is being considered?? Will it actually happen??Read the story below, and let me know your thoughts.They are always appreciated!Respectfully Yours,
Chancery Court Imposes Deadline for End of Skadden Arps’ Custodianship After Citizens for a Pro-Business Delaware Exposes Unprecedented Arrangement
Mon, December 7, 2020, 9:29 AM EST
Skadden Arps’ Custodianship over TransPerfect, led by Robert Pincus and Jennifer Voss, Has Cost the Company Over $15 Million without Explanation of Work Being Done
Chancery Court Chancellor Andre Bouchard has ordered that “the time has come to set firm deadlines to bring the Custodianship to a prompt conclusion” in the unprecedented forced sale of TransPerfect, mere days after Citizens for a Pro-Business Delaware called for the end of the court-mandated Custodianship and the resignations of Custodian Bob Pincus and Skadden’s lead attorney on the case, Jennifer Voss.
Over the course of three years after the execution of the TransPerfect sale, Custodian Bob Pincus continued to bill the company monthly with non-itemized invoices and no explanation of the work being done by Skadden Arps. The latest order ends a years-long saga which saw millions of dollars transferred away from a successful business with a higher growth rate than Apple towards Andre Bouchard’s Chancery Court-appointed attorneys.
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “This is a long-overdue step as Chancery Court-appointed attorneys like Bob Pincus and Jennifer Voss have been vampirically draining millions of dollars from TransPerfect’s coffers to enrich themselves for far too long. Worse, in spite of a court order to unseal records related to the case in October, Skadden’s attorneys have steadfastly refused to explain their bills or the work they’ve done in their role as Custodian.”
“In effect, this has meant an inexplicable wealth transfer from the hard-working employees of TransPerfect to members of Chancellor Bouchard’s inner circle. While we’re glad that the bleeding will finally end, it speaks volumes that Delaware’s legal establishment has for years interfered with a successful business to enrich themselves.”
“We won’t stop our long-standing campaign for transparency and accountability in Delaware’s courts and government until we ensure that such a traumatic and costly ordeal never happens to another company. The time certainly has come for this parasitic Custodianship to end, but the time has also come for wholesale changes to Delaware’s courts and government so that they work for the many, rather than the elite few.”
OPINION
Dear Friends,
I enjoy reflecting on previous articles and issues that relate to current issues. I occasionally get the bit in my teeth and become totally focused. Five years ago, Chancellor Andre Bouchard got my attention through his response to a letter I wrote to him. Judges rarely respond to letters, so I really must have struck a nerve. Here’s what happened:
Cindy Green, who ran the Register of Wills office, had recommended someone ideally qualified for the job of Register of Wills Office, Chief Deputy, who was instrumental in bringing the office up to modern standards. Bouchard ignored Green’s recommendation and appointed someone far less qualified. I saw this injustice and wrote a letter to the Chancellor for not appointing the most qualified person. Bouchard, extremely defensive, wrote me back. He went on to hire two more unqualified people for that same job. You can see our exchange below.
Since 2015, I have followed Chancellor Bouchard’s activities closely, and have been critical of his handling of the TransPerfect case, even writing letters to the Court. So I say to Chancellor Bouchard now: “I certainly struck a nerve when after 3 attempts you couldn’t appoint a decent Chief Deputy, and I criticized you. Now, where is your response to your decisions on the bias and subjective decisions you rendered in the TransPerfect case, and do you have any comments on certain appearances of impropriety and conflicts of interest?”
Read the letters below folks which I dug up from the Coastal Network archives which you might find amusing.
I would love to hear from him again on his shady, selfish, self-serving handling of the TransPerfect case.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
http://delawareway.blogspot.com/2015/10/jud-bennett-rips-democrat.htmlUpdated: Jud Bennett Rips “Democrat Activist” Chancellor Andy Bouchard Over Chief Deputy Appointments For GOPer Sussex Register Of WillsFOLKS, READ BOUCHARD’s RESPONSE TO MY LETTER BELOW—FOR A SITTING JUDGE TO RESPOND TO A COMPLAINT IS QUITE RARE!COURT OF CHANCERYOF THESTATE OF DELAWARE
ANDRE G. BOUCHARD
CHANCELLOR
New Castle County Courthouse
500 N. King Street, Suite 11400
Wilmington, Delaware 19801-3734
October 7, 2015
Mr. Judson Bennett
c/o [email protected]
Re: Sussex County Register of Wills Office
Dear Mr. Bennett:
We write concerning the email you sent to the Chancellor on Monday, October 5, 2015. Your email reflects a basic misunderstanding concerning the situation in the Sussex County Register of Wills office to which the Court feels a response is necessary to set the record straight.
As an initial matter, it is important to understand that the Register of Wills serves as a vital arm of the Court of Chancery. This historical role derives from the Court’s oversight over the administration of decedents’ estates as part of its equitable jurisdiction. In that vein, the Court hears, among other matters, exceptions to estate accountings, petitions to determine the order of priority for distributions of estate property, petitions to authorize the sale of real estate owned by a decedent, and rules to show cause concerning the removal of estate representatives. With respect to each of these and many other matters, the Register of Wills serves functionally as a branch of the Court. The Court-appointed chief deputy, in particular, serves as a liaison to the Court when these matters are presented for judicial review. The statute governing the Register of Wills reflects this role.
The first provision of that statute states that “[i]n performing the functions of the office, the Register of Wills of each county shall act only as a Clerk of the Court of Chancery.” 12 Del. C. § 2501. Consistent with this purpose, the statute further provides that “[t]he Chancellor shall name a chief deputy register of wills for each county who shall perform such duties as shall from time to time be assigned by the Court of Chancery.” 12 Del. C. § 2507(a).
In accordance with its statutory obligation to name the chief deputy in each county office, the Court has taken very seriously its responsibility to identify and select the best qualified person to serve in that position in the Sussex office.
When a vacancy arose in December 2014, the opening was advertised publicly to solicit candidates. Candidates were required to complete an application and were vetted by a committee consisting of the two judicial officers of the Court of Chancery resident in Sussex County (Vice Chancellor Glasscock and Master Ayvazian), the Register in Chancery, the Director of Human Resources for Sussex County, and the elected Register of Wills. The candidates were ranked based on a set of criteria for the job, the Chancellor interviewed the top three candidates, and chose the one who received the highest ranking from the interview panel.
There was no obligation to go through such an extensive process to select a candidate, but the purpose of doing so was to ensure that the selection process was objective, focused on job performance needs, and allowed all interested parties to have a voice in the selection process.
It would be inappropriate to engage in a public discussion over personnel matters involving a former county employee, but it must be said that your criticisms of the current Court-appointed chief deputy are unfair and unfounded. Richard Kiger, Esq. served for fourteen years as a Master in Chancery and was the chief deputy in the New Castle County Register of Wills office for eight years. He is considered an expert in the field of decedents’ estates, having served on the editorial board for the policy and procedures manual recently issued by the New Castle County Register of Wills, and he is held in high esteem among estate practitioners throughout the State. He has been tasked with conducting a complete review of the Sussex office in order to address deficiencies in its current operations.
As an example, the office currently uses manual procedures The Court of Chancery has recognized the importance of using modern technology and has been a leader in implementing technological improvements, such as the adoption of electronic filing for its civil action docket over ten years ago. During the past several years, the Court has worked with the Register of Wills offices statewide to transition their estate filings to e-filing. Among the benefits of e-filing are the reduction of staff time required for the processing and retention of documents, and the increased accessibility of information. With the Court’s support, e-filing was implemented successfully in New Castle County in 2012 and in Kent County in 2013. To assist with its implementation in Sussex County, in 2014, the Court provided financial resources to the Register of Wills office to help address its archiving backlog. Unfortunately, despite many requests, the Sussex office was unwilling to implement e-filing on its own initiative, necessitating that the Court set a deadline for it to do so.
Now that e-filing has been implemented in the Sussex office, effective July 1, 2015, we are confident the office will realize the efficiencies of transitioning to this system that the other offices have experienced.
The system of having county offices serve as arms of the Court with elected officials can present challenges. Over a decade ago, when the Register in Chancery was operated in the three counties with separately elected officials, the Court experienced some tension in that relationship before those offices were consolidated into a statewide system. But the relationship between the Court and the Sussex County Register of Wills should not be political or partisan.
As you note in your email, the current chief deputy is serving an interim appointment. It is the Court’s hope that at the conclusion of his tenure, improvements to the operations of the Sussex office will have been implemented to better serve the citizens of Sussex County and the State, and that a suitable replacement will assume the duties of chief deputy on a permanent basis at that time to continue that progress. It is also our hope that the Court can work collaboratively with the elected Register to achieve these objectives.
Sincerely,
/s/ Andre G. Bouchard, Chancellor/s/ John W. Noble, Vice Chancellor
/s/ Donald F. Parsons, Jr., Vice Chancellor
/s/ J. Travis Laster, Vice Chancellor
/s/ Sam Glasscock, Vice Chancellor/s/ Kim Ayvazian, Master in Chancery
/s/ Abigail LeGrow, Master in Chancery
HERE’S MY LETTER BELOW:
“Dear Judge Bouchard:
I am an activist from Sussex County who writes about inequities and concerns of the people. My e-mail network reaches over 6000 people.
The Office of the Register of Wills in Sussex County is in apparent chaos which according to many has put you in a very bad light. I am hearing it from the citizens who are being affected, lawyers representing them, and concerned legislators. Apparently, regardless of having been elected to the office, Register of Wills Cindy Green (R) is legally restrained from appointing her own Chief Deputy of that important county row office which handles the wills of the “dearly departed” and their heirs who receive the estates accordingly.
After the last Chief Deputy retired in December of 2014, a vacancy for the position became available. Instead of accepting Register Green’s recommendation to fill the position (which has been the norm in Delaware for many years), you, the State’s Chief Chancellor, Judge Andre Bouchard, are using an existing law to usurp Cindy Green’s elected office by filling the position with someone of your own choice, someone from outside of the county row office. You are now on your 3rd unsuccessful try. You are continuing to ignore Register Green’s recommendations of qualified personnel that already work in her office. Why???
So far, all of your appointments have been less than competent individuals who are neither qualified nor able to effectively do the job. Instead of promoting someone within the office of the Register of Wills who is familiar with the complicated processes and computer programs, you continue to wreak havoc by your illogical actions. It seems apparent that you Chancellor Bouchard, are not interested in helping the Register of Wills office serve the people of Sussex County efficiently and are using your power to further an unknown agenda? That is the word I am hearing everywhere.
Your first appointment was consistently late to work and totally useless, and ultimately her employment was terminated with your consent after there was a plethora of complaints and a total breakdown within the operation. Your second appointment came from your own office and she never stopped working for you in the Georgetown Court of Chancery office. She half-heartedly “tried out the job” for about a month and a half. She never spent more than 8 hours a week inside the county row office itself. In the end, she refused the position, choosing to stay with the State Court of Chancery. Your latest appointment is apparently a temporary one. It is for an interim period of only six months and you are using a retired Chief Deputy from the New Castle County Register of Wills who is not familiar with the modern computer technology and like the others is only inhibiting the efficiency of the Register of Wills.
With no full time Chief Deputy on staff, mountains of State Chancery Court files have been accumulating and are being left unprocessed within the Register of Wills office ever since last year. Obviously, the system is broken! The appointment should be given to the most qualified person, and the appointment should be made by the elected Register of Wills along with the Chancellor’s confirmation. Why do we have this county row office if the elected official has little or no control over who is hired or fired?
What is mysterious here is that you as the Chief Chancellor are supposed to be all about equity and justice, yet your actions are confusing? With all due respect, why are you not respecting Register Green’s recommendations to promote someone within the office of the Register of Wills for the position of Chief Deputy so that we the people of Sussex County can have an efficient operation in this important office?
This issue is not going to go away, the press is going to get involved, as is the legislature concerning this situation. I urge you to speak with Register Green ASAP and resolve this problem equitably. I would hope you would be anxious to resolve this dilemma in the Register of Wills office so that the people of Sussex County can have their estates settled efficiently and expeditiously without the continuous delays and hassles we are now experiencing for which you are being blamed. I would hope that this clear cut message would resonate with you for some positive action. Please feel free to respond accordingly.
Respectfully yours,
JUDSON Bennett-Coastal Network”OPINION
Dear Friends,
New documents in the notorious TransPerfect case in Delaware reveal that Delaware Chancery Court Chancellor Andre Bouchard’s pal and former Skadden Arps co-worker Robert Pincus charged the company $15 million in fees to TransPerfect for a no-show job!
According to the Law.com story, which I’ve included below for more details, Pincus showed up to the TransPerfect office twice in 5 years. To add insult to injury, the fees were unexplained and seemingly never-ending. Looks like they exploited the hell out of this power, charging a whopping $15 million in fees, without showing a single bill?! That’s outrageous, folks!
Please read the interesting article below, as the TransPerfect saga continues. As always your feedback is welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
CoastalNetwork.com
https://www.law.com/delbizcourt/2020/12/03/bouchard-firm-deadlines-needed-in-long-running-transperfect-custodianship/Bouchard: “Firm Deadlines” Needed in Long-Running TransPerfect CustodianshipIf all goes according to the Chancellor’s proposed schedule, as altered slightly at the request of TransPerfect’s counsel, the custodianship could be wrapped up by February.
By Ellen Bardash | December 03, 2020 at 05:46 PM
Andre G. Bouchard.
Chancellor Andre Bouchard has called for a final resolution in the Delaware Court of Chancery’s longest running case.
In a letter to counsel Monday, Bouchard outlined a briefing schedule for the remaining matters pending in the TransPerfect custodianship case, which has been pending since 2014.
The matter has been in mediation since April, though the dispute between TransPerfect CEO Phil Shawe and co-founder Elizabeth Elting was resolved in September. If all goes according to Bouchard’s schedule, which was altered slightly Thursday at the request of TransPerfect’s counsel, the custodianship could be wrapped up by February.
A translation software company, TransPerfect is headquartered in New York and has shifted its state of incorporation to Nevada.
“While the court encourages the parties to continue their efforts at reaching an amicable resolution, the time has come to set firm deadlines to bring the Custodianship to a prompt conclusion,” Bouchard wrote.
In recent weeks, Bouchard agreed to unseal previously confidential documents in the TransPerfect case at the request of both Shawe and H.I.G. Middle Market LLC and Lionbridge Technologies Inc. as part of the discovery process in the case TransPerfect filed against the two other companies in the U.S. District Court for the Southern District of New York.
Among the unsealed records were fee petitions from the custodian, Skadden, Arps, Slate, Meagher & Flom’s Robert Pincus, reporting millions in fees and expenses billed to TransPerfect in connection with the custodianship. The largest of those petitions was for nearly $2.3 million and was approved by Bouchard in December 2017. Skadden ultimately billed TransPerfect nearly $15 million for the case.
TransPerfect’s point of contention throughout mediation has been Skadden not disclosing invoices for specific charges, documents which remain confidential.
“Mr. Pincus was a faithless fiduciary, being present at our company headquarters a grand total of twice in the five years, allegedly providing ‘legal services’ for the benefit of TransPerfect,” Shawe said. “If Skadden actually provided the $15 million in services, why are they fighting so hard to shield their bills from public scrutiny?”
Skadden’s Cliff C. Gardner, who has represented Pincus throughout the case, was not immediately available for comment Thursday.
Martin Russo, representing TransPerfect and Shawe, said Thursday another key takeaway from the recently unsealed court documents was the court’s handling of Wordfast throughout TransPerfect’s sale.
Wordfast, now owned by Shawe, receives the majority of TransPerfect’s programming, though the two are separate companies.
“We had to essentially resort to a removal to federal court to avoid having Chancellor Bouchard fast track a federal copyright claim and avoid having him order a Delaware corporation that was not directly involved in the litigation to give a perpetual license to TransPerfect to use the software for freejust so he could facilitate his friends’ sale of a company that had been botched.”
OPINION
Dear friends,
I am convinced it is indeed shameful that public servant Leo Strine helped pony up over 100-thousand dollars to support the election of Joe Biden. Where’s the integrity folks? I would bet dollars to donuts that this is TransPerfect money being slushed around in the “Delaware Way” — our state’s admitted term for the soft corruption surrounding Chancellor Andre Bouchard’s regime and Skadden cronies.
Look how in the pocket this appears to be! Leo Strine, who is supposed to be above and beyond politics as a former Delaware Supreme Court Chief Justice, is apparently, shamelessly willing to jump in with six-figures and then some to Joe Biden’s campaign. All that money from the TransPerfect case in our Chancery Court has to go somewhere?
It’s outrageous! Could he be peddling or buying influence?! It seems as if he’s looking to buy himself a job in the Biden administration? Frankly, I would have expected more from a former judge. However, this is the “Delaware Way”… anything goes as the money flows.
The old saying, “birds of a feather, flock together’ certainly is true. Please read the detailed Law360 article below, which tells the story. You’ll see from the story that Strine was responsible for somewhere between $100-thousand to half-a-million. Certainly has me and likely many others wondering what all that money is for and how Strine will be thanked.
As always your feedback is welcome and appreciated. It gives me an accurate pulse of what the Delaware citizens are really thinking.
Sincerely Yours,
JUDSON Bennett-Coastal Network
https://www.law360.com/articles/1325025/biglaw-fundraisers-pony-up-for-biden-harris-ticket
BigLaw Fundraisers Pony Up For Biden-Harris Ticket
By Andrew Strickler
Law360 (November 2, 2020, 10:05 PM EST) — A handful of BigLaw leaders have raised big bucks to put Joe Biden in the White House, according to a list the campaign released over the weekend.
Despite historical reluctance by many big-name lawyers to appear overtly political — you never know who your next client may be, after all — the list of so-called Biden bundlers included notable names from major partnerships including Cravath Swaine & Moore LLP, Kirkland & Ellis LLP, Covington & Burling LLP, DLA Piper and O’Melveny & Myers LLP.
Among the people credited with raising at least $100,000 for Biden is Wachtell Lipton Rosen & Katz counsel Leo Strine Jr. The former chief justice of the Delaware Supreme Court said he’d tapped firm colleagues as well as friends to raise money for Biden, a fellow Delaware native Strine called his “first political hero.”
“It’s not my bag to do this — I am a longtime advocate of very substantial campaign finance reform — but this was a special situation involving a candidate I have supported forever and a rather compelling situation,” Strine said.
Strine, who became of counsel to Wachtell’s corporate department earlier this year after retiring from the bench, said he’d raised north of $100,000 but less than half a million.
After 21 years on the bench, “my campaign skills were a little rusty, but I wanted to do what I could to help us elect a great person who cares so much about our nation, and particularly for working people,” he told Law360 in an email.
Just three days before the election and with some 90 million votes already cast, the Biden-Harris campaign released a bare-bones list — just names and hometowns — of 817 individuals and couples who’d raised at least $100,000 from their personal networks for the campaign or a joint Democratic party fund.
Typically, bundlers also make the maximum personal contribution of $2,800; that figure is not reflected in the $100,000-and-up list. And unlike similar disclosures made by former President Barack Obama amid the 2012 race, the Biden campaign’s list does not include broad fundraising ranges or bundlers’ employers.
Altogether, Biden and the Democratic National Committee have raised more than $1.5 billion for the 2020 presidential race, including $167 million in the first half of October alone, according to an analysis by NPR. Trump and the Republican National Committee have raised $1.57 billion.
Unsurprisingly, the list of top Biden fundraisers features a number of Democratic politicians, including former South Bend, Indiana, Mayor Pete Buttigieg, Rep. Adam Schiff of California and Sen. Bob Casey of Pennsylvania.
Wall Street is also well represented by the likes of Morgan Stanley managing director and vice chairman Thomas Nides; Blackstone CEO Jonathan Gray; and billionaire hedge fund manager Marc Lasry of Avenue Capital Group, who also co-owns the NBA’s Milwaukee Bucks.
With California leading the group in terms of geographic breakdown, Biden’s Hollywood and Silicon Valley bundlers include film director and Oscar winner Lee Daniels; LinkedIn co-founder Reid Hoffman; and Amazon general counsel David Zapolsky. Tony West, Uber’s chief legal counsel and brother-in-law of vice presidential candidate Kamala Harris, is also a Biden bundler.
Also on the list is O’Melveny chair Bradley Butwin, who told Law360 that he’d never before raised money for a campaign. Reflecting some of BigLaw’s apolitical tendencies, he was quick to emphasize that his fundraising effort was “strictly personal,” and declined to say how much he’d raised.
“There is a lot of emotion in this election, the whole country is watching, and our job as a firm is not to be political, but to respect and value all perspectives,” he said.
“I have no doubt that regardless of how the election comes out, you’ll have people at the firm who are happy and others who are unhappy,” Butwin added.
Also raising money for the Biden-Harris ticket was Faiza J. Saeed, presiding partner of Cravath, who in 2016 became the first woman to lead the venerated Wall Street firm.
DLA Piper co-U.S. managing partner Richard Chesley made the $100,000-and-up list, as did Bill Singer, a Kirkland counsel who was a Hillary Clinton bundler during the 2016 campaign, and King & Spalding LLP’s Sally Yates. Yates was deputy U.S. attorney during Obama’s second term and served briefly as acting U.S. attorney in the early days of the Trump administration.
Buckley LLP managing partner Benjamin Klubes also served as a Biden fundraiser, as did Wiley Rein LLP managing partner Peter Shields. Covington commercial litigation practice co-chair Mitch Kamin and the firm’s West Coast head for white collar defense and investigations, Daniel Shallman, are also on the list.
Those and a handful of other BigLaw attorneys either did not respond to messages or declined to comment.
Paul Weiss Rifkind Wharton & Garrison LLP chairman Brad Karp, who also appears among the elite Biden fundraisers after decades of involvement in politics, called it “the most consequential presidential election of my lifetime.”
“As someone who cares passionately about preserving the rule of law, safeguarding our democracy and protecting fundamental liberties, I’ve been delighted to do everything I possibly can to support the Joe Biden/Kamala Harris ticket,” he said in an email.
The Trump campaign has not disclosed the names of its bundlers. A message left with the campaign press office was not immediately returned Monday.
–Editing by Breda Lund.OPINION
Dear friends,
Delaware’s Chancellor Andre Bouchard was a shoo-in to ascend to the Delaware Supreme Court to replace his cabal-co-captain and former Skadden Arps intern, Leo Strine. In my view, Strine is a classic Limousine Liberal who left his Chief Justice job halfway through, mired in controversy, both from his illicit TransPerfect decisions, and other more “colorful“ allegations which made him a liability.
If not for the efforts of TransPerfect employees, the Good-Old-Boys “Delaware Way” would have installed Bouchard, keeping the Delaware Supreme Court without a single Black justice in history. I am a crabby old white guy and I do not believe in diversity for the sake of diversity. A person hired should be the most qualified. At least I am honest about it. Bouchard is a hypothetical anti-Diversity Democrat, who still presides over an all-white Chancery Court.
What really boggles the mind is the total cost Delaware has, according to the complaints, stolen from the TransPerfect workers, which is now approaching $300 million. Bob Pincus’ “auction” was a total sham to help Skadden’s other clients.
In my view, there is no one who can legitimately dispute that Bouchard is hell-bent on revenge against the TransPerfect workers, who banded together to squash his nefarious political aspirations. The only question left is:
Will Bouchard’s vendetta against TransPerect and its 6,000 employees continue and for how much money?
Call your lawmakers and tell them you want Bouchard’s abuse of power stopped. If this incessant taking of TransPerfect money continues then there must be a valid REASON? What is it??! If the Chancellor cannot give a valid, legal reason WHY the billing continues unabated, then he should be removed from office. If there is a legal reason, then we need to hear it NOW! I need answers and I’m going to find out!
As always, let me know your thoughts! An example of the anti-corruption lobbying effort, see the full-page ad in Sunday’s Delaware News Journal below.
Respectfully Yours,
Judson Bennett-Coastal Network
OPINION
Dear friends,
Thanksgiving has come and gone again and for me it was quite different this year. I am thankful for being alive and for having an income. As I am sure many of you are as well, I am heavily laden and deeply concerned about the negative possibilities of a Biden administration, which from my perspective, if unchecked, will destroy not only my prosperity but that of future generations.
To some of you, the idea of Socialism is morally appealing, and perhaps you are either an extreme “have not” who wants free everything or you are an “elitist” who wants to control the rest of society. Neither attitude will work and one can make you a slave and the other could get you killed.
As a lifelong Delawarean, I understand and have watched Joe Biden as far back as 1972, when certain things happened, were ignored, and morphed into what I believe was intrinsic poor government that pervaded even into big business and many aspects of local government including the Chancery Court. As I have observed for years now, the suspicious activity involving millions of dollars really came to light under Chancellor Bouchard.
In 2021, if Biden is ordained as President, I will never be thankful for that.
Regardless, on a positive note, on behalf of the Coastal Network, I wish my fellow citizens peace and prosperity. However, if we are to keep any hope at all of having prosperity and continued freedom, the Republicans must prevail in the Georgia Senate elections. So be it!
Respectfully Yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Some of you will hate this article, however it needs to be said, whether you like it or not. As a partisan, Republican from Delaware who knows more about Joe Biden than most people, as a man who has actually ran a campaign against him, having done extensive opposition research, to this minute, I am frustrated and angry at the total lack of understanding that the Trump campaign exhibited.
I also take great umbrage with how little access there was to Trump operatives and how many people were wrapped up in their own self- importance, while doing a terrible job for Donald Trump. Unfortunately Donald himself had no clue how bad it was within his own political organization. I consider myself a political scientist and there is a science behind a successful political campaign. Frankly, in my view, Donald Trump ran the worst Presidential campaign in US history.
Folks, I supported Trump with my heart and soul and I can say with a clear head, that in the Trump campaign, the money raised was poorly managed and clearly not used as it should have been. The factual information about Joe Biden’s history of lies, deceit, and malicious actions was enough to easily prevent him from being elected. None of it was used! This election should have not even been close.
The people in the Trump campaign should be ashamed of themselves, including his children who spent hours on national TV late in the game touting stuff that was insignificantly not specific and obviously had no clue about how truly despicable Joe Biden really is, nor the details of his life of corruption which was clearly available to anyone who researched it properly.
There is a SCIENCE involved in these enterprises and if it is not used properly, failure is probably going to occur. The first important factor is to develop a strong message or messages that include significant opposition research about your opponent. The more dirt you can find the better. The 2nd factor is the venue: Where is that message going to be delivered?? TV, radio, direct mail, grass-roots, and so on. The 3rd and most important factor is the frequency of the message.
Biden’s message appeared roughly 7 times to Trump’s 1 — on a NATIONAL BASIS! What the rub was for me, was that I tried everything to get the information that I had to the right Trump people. It was impossible!!!!!! I even spoke to Robert Arlette, who was supposedly the Delaware contact for the Trump campaign. He set me up with a conference call with some useless underling who was working for the National GOP. I was shocked at how little they knew about Biden and how clear it was that they had no idea how to proceed accordingly.
Granted, The Pandemic from Communist China, the evil, malicious, lying press, and the clear evidence of nationwide fraud, surely affected the entire election, which again is frustrating because all the cards were stacked against us!
However, if Trump had utilized Biden’s lies and corruption in a planned organized attack, it would have been no contest. TRUMP RALLIES WERE NOT ENOUGH!!! Trump has to take partial responsibility for surrounding himself with the wrong people who ran a terrible campaign on his behalf.
Now I, and many others, have to live in fear of losing our future to Joe Biden, who has publicly declared war on prosperity. The oil and gas industry is so important to thousands of Americans, especially in states that produce energy. The Keystone pipeline affects me directly along with many other Americans. Biden wants to stop America from being the number 1 exporter of oil and gas, and empower China, Russia, and Iran.
Folks, I could write a book about the reasons Biden won and why he shouldn’t be our President. I will be reiterating and explaining stuff in future articles.
Right now, the American people need to know what is coming and how the landscape is going to change not only in Delaware, but everywhere. Please read the in-depth article from Reuters, which I have attached below. Grasp the possibilities.
As always, your feedback is welcome and appreciated. My hat goes off to all of the Patriots who fought so hard for Trump to have our hopes dashed by the Biden Crime Family. We do have an outside chance of getting the fraud before the Supreme Court, but that is a terrific long-shot.
Please stay tuned, as there is much more coming.
Respectfully yours,
JUDSON Bennett-Coastal Network
SCROLL DOWN:
Factbox: How a Biden Presidency Would Transform the U.S. Energy Landscape
By Reuters Staff
(Reuters) – Democrat Joe Biden has won the November U.S. presidential election, according to several major networks. Here are some of the changes that could occur in U.S. energy policy under his administration.
Biden has shown an interest in multilateral diplomacy similar to previous Democratic administrations. That could mean an eventual path for OPEC members Iran and Venezuela to get out from under Washington’s sanctions and start pumping again, if the right conditions are met.
In Iran, that path could include a partnered approach between Washington and Europe, similar to a deal struck under Obama’s administration.
In Venezuela, Biden appears likely to continue to favor sanctions to pressure the regime of President Nicolas Maduro, but could increase diplomatic efforts to end the impasse by negotiating a new election or power-sharing with the opposition.
Outgoing President Donald Trump’s unilateral sanctions on the two countries have taken around 3 million barrels per day of crude oil off international markets, a little more than 3% of world supply.
Biden’s campaign has not detailed how it would approach these issues.
Biden lacks the chummy rapport that Trump had developed with Saudi Arabia’s defacto leader Crown Prince Mohammed bin Salman. That country is the biggest voice in the Organization of the Petroleum Exporting Countries, meaning Biden may not engage as closely on the group’s production policy. He is also more likely to rely on quiet diplomatic channels for influencing OPEC than Trump’s Twitter-centered approach.
Biden’s campaign has not yet detailed how it would approach these issues, but any influence he would wield as president would likely be in service of the same goal – a moderate oil price. Any U.S. president needs affordable fuel for consumers. And for Biden, the price would need to be high enough to make clean energy alternatives to fossil fuels competitive in support of his ambitious climate plan.
Trump had been more engaged with the Organization of the Petroleum Exporting Countries than most of his predecessors. He has sometimes influenced OPEC policy with his tweets and phone calls, arguing for an oil price low enough for consumers but high enough for drillers.
His sanctions also weakened the influence of OPEC hawks Venezuela and Iran within the group, removing two big historical hurdles to a pro-Washington OPEC policy. That concentrated power with leading producer Saudi Arabia, along with Russia, part of the group known as OPEC+.
A Biden administration would look to re-enter the Paris Climate Agreement, an international pact negotiated during the Obama administration to fight global warming that Trump pulled away from saying it could hurt the U.S. economy.
Biden has also vowed to bring U.S. emissions down to net zero by 2050, including by bringing emissions from the power industry to net zero by 2035 – a goal that will be tricky to accomplish without a Democratic majority in Congress.
Biden’s view is that climate change is an existential threat to the planet, and that a transition from fossil fuels can be an economic opportunity if the United States moves fast enough to become a leader in the clean energy technology.
Trump’s administration had acted to weaken or eliminate emissions targets, including the U.S. Environmental Protection Agency’s softening of vehicle emissions standards, and its rescinding of former President Barack Obama’s Clean Power Plan requiring cuts from the electric power industry. Transport and electricity together make up around half the country’s greenhouse gas emissions.
While European oil and gas companies like BP BP.L and Royal Dutch Shell RDSa.L have already begun implementing strategies for a global energy transition, U.S. majors like Exxon Mobil XOM.N and Chevron CVX.N have remained focused on the traditional energy business – sheltered politically by Trump’s leadership in Washington.
While Trump had sought to maximize domestic oil and gas production, Biden has promised to ban issuance of new drilling permits on federal lands and waters in order to fight global climate change.
The United States produced nearly 3 million barrels of crude oil per day from federal lands and waters in 2019, along with 13.2 billion cubic feet per day of natural gas, according to Interior Department data.
That amounts to about a quarter of total domestic oil output and more than an eighth of total U.S. production of gas. A federal ban on new permits would mean those numbers trend toward zero over a matter of years.
There would also be an impact on public revenue federal oil and gas production produced about $12 billion in public revenue in 2019, divided between the U.S. Treasury, states and counties, tribes, and cleanup funds.
New Mexico, for example, received $2.4 billion in disbursements last year, much of it going to its historically underfunded education system. The state’s Democratic Governor Michelle Lujan Grisham told Reuters this spring she would seek a waiver from Biden’s government to allow continued drilling if he was elected.
Biden’s camp has been mum on whether such a waiver program would exist.
OPINION
Dear friends,
Folks, 3-years after the forced sale of TransPerfect in Delaware’s Chancery Court — executed by Chancellor Andre Bouchard, with Leo Stine backing him in the Delaware Supreme Court — somehow Skadden Arps, where Strine and Bouchard both worked, is continuing to collect money. Over $15 million collected from TransPerfect to date, and still collecting! Shocking, just shocking. I don’t see how this is still happening.
Don’t think judicial corruption in Delaware doesn’t affect you personally, folks, it does. I believe Bouchard is the anti-Robin Hood, robbing from middle-income Americans to feather the nest of his friends. Are we really supposed to believe that much of this “free money,” belonging to TransPerfect, that Bouchard is seemingly giving away, is not making it back to him in some form or fashion?
Citizens are now banned together, demanding the resignation of court-appointed custodian Robert Pincus and Jennifer Voss, who is the chief attorney for Skadden Arps.
TransPerfect has a growth rate bigger than Apple and the total cost of Delaware interfering with this company’s growth is over $250 million. Read the story below, folks. I have been observing this fiasco and writing about it for years now. Are you as outraged as me about this highway robbery? Would love to hear your feedback on this.
You may think having the most corrupt lawman in the past century, in my estimation, running our Chancery Court, doesn’t affect you personally, but Delaware’s economy is highly dependent upon the business community’s trust in us, so it absolutely does. What do you think?
Respectfully Yours,
Judson Bennett-Coastal Network
https://finance.yahoo.com/news/citizens-pro-business-delaware-slams-135600616.html?.tsrc=fin-srch
Citizens for a Pro-Business Delaware Slams Skadden Arps on Third Anniversary of TransPerfect Sale Agreement Execution
The Grassroots Government & Judicial Reform Advocacy Group Also Called for the Resignation of TransPerfect Custodian, Robert Pincus, and Lead Case Attorney, Jennifer Voss, to resign
Mon, November 23, 2020, 8:56 AM ESTToday, on the three-year anniversary of the execution of the unprecedented forced sale of TransPerfect, Citizens for a Pro-Business Delaware (CPBD) slammed Skadden Arps and Chancery Court-appointed custodian Robert Pincus for continuing to bilk the company for over $15 million dollars without itemized invoices or explanation of the work being done. CPBD also renewed its calls for Robert Pincus to resign from his role as custodian, along with the resignation of Skadden’s lead attorney on the case, Jennifer Voss.
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “It’s absolutely insane and indefensible that today, three whole years after the sale of TransPerfect was executed, Skadden Arps’ Bob Pincus and Jennifer Voss are continuing to bilk the company for millions of dollars without saying why or what for. Despite a court order to unseal the records, Skadden has failed to account for any of the more than $15 million they’ve raided from TransPerfect’s coffers – if they’ve really done $15 million worth of work, then why is Skadden so afraid to show the records?”
“The cost of Delaware’s interference in a thriving business with a growth rate higher than Apple’s is over $250 million in all, a direct wealth transfer from employees to Chancellor Bouchard’s inner circle, who have fed at the trough of TransPerfect for too long at the expense of everyday employees.”
“Instead of continuing to give away cushy appointments and government contracts to elite firms like Skadden Arps, which doesn’t have a single Black Partner and has only one Black Associate in their Wilmington office, Delaware’s courts and government should make tangible efforts to bolster economic prosperity among Delaware’s communities of color and ensure that diversity and equity are at the heart of all appointments and government contracts. We’re hopeful that with President-Elect Biden’s ascension to the presidency – and his stellar commitment to diversity in his appointments and cabinet – things may finally start to change in Delaware.”
“That change should start with Skadden Arps’ Bob Pincus and Jennifer Voss, who have been inflating their bills to TransPerfect for more than three years solely to enrich themselves and their firm. While Pincus has no incentive to give up his golden parachute, and neither does Skadden, three years of getting rich off the backs of TransPerfect’s success is enough. To Mr. Pincus and Ms. Voss, we repeat the words of British MP Leo Amery to feckless Prime Minister Neville Chamberlain: ‘You have sat too long here for any good you have been doing. Depart, I say, and let us have done with you. In the name of God, go.’”
Another Delaware lockdown is apparently beginning in the wake of Biden’s hints of a complete United States lockdown, which is a failed procedure and will destroy any chance of a nationwide, economic recovery.
The control that people like Delaware Governor John Carney enjoy perpetrating on his citizens, is right out of the Marxist playbook. Make no mistake about it folks, these bans and limits are nothing more than Band-Aids and simply do not work.
The threat of an authoritarian society moving into Socialism/Communism is all part of the Democrat promise. What is disconcerting to this former life-long Delawarean is that Delaware is the home of Joe Biden, Delaware is the perfect microcosm for a Biden/dictatorial experiment. Delawareans are drinking the Kool-Aid and they will get what they voted for, poverty, loss of freedom, and a life of mediocrity. It was right in your face so this is what you got.
Indeed the Chinese virus is real and it does kill people. Regardless, the odds of dying are slim and to restrict business and American freedoms is pure lunacy. Until a vaccine is available, we have to live with the pandemic, keep our businesses open, wear masks, and take personal responsibility, especially if you have a preexisting condition.
I have diabetes and have to be extremely careful. Locking down business and human interaction is not the answer. To deny people’s 1st, 4th, and 5th Amendment rights is the most extreme thing an official can do, and make no mistake about it, when the people become hungry, violence will erupt everywhere.
Read the disturbing article below, indicating the beginning of Delaware’s devastation, listing Carney’s restrictions! Delaware is a small example of what is to come throughout the entire country. The announced and promised travesty that this will create has been predicted. All I can say is resist, hire lawyers, don’t give up your freedom.
As always, your comments are welcome and appreciated.
Gov. John Carney announced sharply lower indoor capacity figures for restaurants and gatherings but stopped short of early closings. The restrictions become effective at 8 a.m. on Monday.
The governor also announced that an additional $25 million for impacted businesses will be available under a state grant program.
The restrictions are as follows:
Indoor gatherings in homes must be capped at no more than 10 people.
Indoor gatherings outside of homes must be limited to 30 percent of the venue’s stated fire capacity, up to a cap of 50 people. This includes all events, such as weddings, funerals, services in houses of worship, performances, political gatherings, and events in public spaces including fire halls.
Outdoor public gatherings are limited to 50 people. Up to 250 may be allowed with a plan approved by the Delaware Division of Public Health (DPH).
Restaurants must operate at no more than 30 percent of fire capacity indoors, with allowances for additional outdoor seating. The limit had been 60 percent.
Barring Delaware youth sports organizations, teams and venues from hosting or participating in tournaments with out-of-state teams, effective at 8 a.m. on Tuesday, December 1. The order includes a provision prohibiting Delaware teams from traveling across states lines for tournaments.
Carney is expected to discuss the restrictions at a weekly coronavirus briefing today.
“These are difficult decisions, but we face a difficult and challenging winter,” said Carney. “Covid-19 cases and hospitalizations are rising in Delaware and across the country. Nearly 250,000 Americans, including 736 Delawareans, have already lost their lives to this virus. Our focus must be on protecting lives.”
“We will also continue to support the Delaware families and small businesses who have been hardest hit by this crisis,” said Carney. “Let’s all do our part to slow the spread of Coivd-19. Wear a mask. Celebrate the holidays with immediate family only. Stay vigilant.”
State Public Health Director Dr. Karyl Rattay, said a source of infections have been get-togethers at restaurants. In one case, most people in a party of 12 caught the virus.
“It’s not the fault of the restaurants,” Rattay said. However, she added that contact tracing in Delaware and elsewhere shows that restaurants are a risky setting since you cannot wear a mask while eating.
Based on a weekly review of publicly available data, the Delaware Division of Public Health (DPH) continues to recommend that K-12 public schools operate in a hybrid model with a mix of in-person and remote instruction.
“Transmission of COVID-19 has been rare in Delaware schools because students, educators and staff are following the basic health guidelines and doing their part to keep children in classrooms, and exposure is primarily occurring in social settings outside of school,” said Dr. Karyl Rattay, Director of the Delaware Division of Public Health (DPH). “Let’s follow their lead and do what works. Wear a mask. Avoid the urge to gather socially with friends or extended family outside your household. Wash or sanitize your hands frequently. This is a difficult time for all Delawareans. Thank you for everything you’re doing. We’ll get through this.”
Governor Carney on Tuesday also announced an expansion of the DE Relief Grants program for businesses hardest hit by COVID-19 restrictions.
The expansion will provide up to $25 million in additional relief for hundreds of businesses that have been disproportionately impacted. Qualifying businesses, including restaurants and taprooms, will receive double their original grant allocation.
The DE Relief Grants program – funded by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act – is providing more than $150 million in direct assistance to Delaware small businesses statewide. The application deadline is December 4, 2020, and can be found at delbiz.com/relief.
Carney warned last week that restrictions loom due to the rising number of cases of Covid-19.
Industry groups have been pressing for adequate notice of the changes.
Governors in the Northeast have met remotely to coordinate strategies and have been eying coordination of restrictions to avoid spillover effects.
Delaware saw an influx of Pennsylvanians in the early stages of the pandemic when the commonwealth’s state-owned liquor stores were suddenly closed, despite advisories from public health care experts that those businesses remain open.
Gov. Phil Murphy of New Jersey earlier announced that restaurants would close at 10 a.m. and not reopen until 5 p.m. Maryland Gov. Larry Hogan announced restrictions on gatherings and reduced capacity limits at restaurants to 50 percent.
Philadelphia, which has seen a spike in cases, has gone further and ordered an end to indoor dining and gym visits.
There have been concerns that late-night gatherings at bars and restaurants could contribute to the virus’s spread. However, contact tracing efforts indicate that small gatherings are the biggest factor in the current surge cases.
Delaware is seeing upwards of 400 new cases of Covid-19 daily after numbers fell into the 100 range this summer. Hospitalizations have also moved well above 100.
Carney has felt pushback for not easing restrictions but this month won a decisive victory in the race for governor against a critic of his actions.
Carney has also faced criticism from the left for not leaving curbs in place for a longer period.
OPINION
Dear Friends,
Bottom line, folks, you don’t mess with religious freedom in America. Our right to worship together is sanctified under the Constitution. This is an abuse of power by Delaware Governor John Carney, and apparently, elected despots like Carney push that power right up to the edge, using fear of the Covid, to get away with it. Carney, as have other dictatorial, authoritarian, Democrat officials, clearly attempted to restrict those freedoms, using apparent emergency powers to do so.
The point is that our citizens must resist, as they did in Delaware, until Governor John Carney was forced to back off and compromise. Folks, do not be sheep. Be safe, be responsible, but do not lose your freedoms. When it happens, resist!
Please read the article below about the COVID-19 response and the Church in Delaware. As always, your feedback is welcome and appreciated.
Covid and the Church in Delaware Gov. Carney caves after he’s sued for targeting religious services.
By The Editorial Board
Nov. 12, 2020 6:24 pm ET
Delaware Gov. John Carney answers questions regarding Delaware’s response to coronavirus disease during a press briefing at Carvel State Office building in Wilmington, Del.
A pandemic doesn’t override the Constitution, and it’s a shame that preserving its liberties from politicians has often required litigation. On Wednesday Delaware Gov. John Carney settled with a pastor who went to court claiming that state emergency orders discriminated against houses of worship.
Mr. Carney had declared churches essential, but last spring he also imposed restrictions that went beyond what he required of other essential businesses. One order mandated that church services last no longer than an hour, while another stated that “there must be at least a four-hour gap between the end of one in-person service and the beginning of the next in-person service.”
State guidance also told churches to “encourage all vulnerable individuals,” including anyone 65 and older, “to continue to shelter in place.” Law firms, liquor stores and other essential businesses endured no comparable restrictions. So gramps could go out to buy a quart of vodka but not to pray. Worshippers could attend drive-in services, but only if they parked 15 feet from each other and rolled the windows only half way down. Baptisms were permitted, but only if a pastor wore a mask, applied hand sanitizer before and after any anointments, and refrained from holding the baptismal candidate.
“The governor’s edicts and restrictions went too far, and the church was the target,” says Rev. Christopher Alan Bullock, the pastor of a Baptist church in Wilmington. “All these things were unnecessary, and we felt that particularly small African-American churches that didn’t have the financial resources to go online, they would be handcuffed in the ability not to meet, preach the gospel, and sustain themselves financially.”
Jonathan Starkey, a spokesman for Mr. Carney, says the virus “doesn’t distinguish between a church, your restaurant, or your living room.” This week’s settlement ensures the Governor won’t either. Mr. Carney agreed to treat churches neutrally, to avoid imposing restrictions applicable only to religious rituals like baptism, not to impose age limits on attendees, and not to issue mandates targeting churches or religious ministries. Praise the Lord.
Well, well, if it isn’t Delaware’s own Leo Strine, former Delaware Supreme Court Justice, writing about racial equality for Columbia Law? I have been reviewing the inequities I have learned about Delaware’s justice system. Seems Strine is becoming an expert on so many things since leaving his perch on the Delaware Supreme Court with half of his term still left to be served. I can see that he might be an expert in some things in this life, but racism isn’t one of them considering he was rebuked by the Delaware Supreme Court for making racist comments?! Why would anyone listen to Strine on racial equality?
Leo Strine as Delaware’s Chief Supreme Court Justice oversaw the incarceration of FIVE TIMES as many Blacks as all other races combined, according to my sources. See the New York Times story below from 2012, folks, for the dirt on Strine. Your comments are always welcome and appreciated!
[avatar user=”Judson Bennett” size=”thumbnail” align=”left”]Judson Bennett, Coastal Network[/avatar]
BY PETER LATTMAN
NOVEMBER 9, 2012 8:29 PM
As the chief judge of the Delaware Court of Chancery — the country’s most influential court overseeing business cases — Leo E. Strine Jr. has been called an activist. He has also been called an iconoclast, a genius and a humorist.
But this week, Delaware’s highest court called him out of bounds.
The Delaware Supreme Court issued a stinging rebuke of Judge Strine on Wednesday, criticizing him for what it said was an improper digression in an opinion. Judge Strine’s decision related to a contractual dispute but went off on an 11-page tangent about an obscure issue related to limited liability companies.
Read the rest of the article at the NYT here:Delaware Chancery Court Chancellor Andre Bouchard breaches his duty of loyalty to Delaware and to the United States with every corrupt breath he takes, in my opinion, folks. From what I’ve seen and heard, he doesn’t even deny some allegations that claim he is the most corrupt judge in Delaware history, and that he controls the government agency responsible for policing his possible, own wrong-doing and self-dealing.
It’s so ironic, as I read the story below, that Delaware Chancery Court Chancellor Andre Bouchard would claim the ability to sit in judgment of someone being “self-dealing.” From where I sit and I’ve been watching Bouchard for years now, he is the one who is “self-dealing” in his courtroom. He’s the one dishing out judgments and incessant money, seemingly going to his old pals like Bob Pincus of Skadden Arps, and Kevin Shannon of Potter Anderson
$1,425 an hour for OVER 3 years was taken from TransPerfect workers, billed by Pincus and ordered by Bouchard, and ratified by his former Skadden intern, Leo, “Me Too Claims Just a Matter of Time,” Strine.
With the appearance of corrupt lawmakers operating in Delaware, apparently, it takes one suspicious actor to know another. 1,000 employees asked Governor Carney to investigate Bouchard and, following the well-established “Delaware Way,” he did nothing.
Read the story below, folks and let me know if you think the same way as I do. Is Andre Bouchard really fit to hand down rulings that describe himself? What hypocrisy!
Respectfully Yours,
[avatar user=”Judd Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett, CoastalNetwork.com[/avatar]
Chancery Blocks Sale Of Ariz. Co. Assets Snagged By Insider
By Jeff Montgomery
Law360 (September 2, 2020, 9:59 PM EDT) — Citing claims of “egregious acts” of self-dealing, deception and concealment, Delaware’s chancellor late Wednesday barred the sale of tech company Array Photonics’ Arizona plant and equipment to settle costly loans and leases provided by interests of its top officer.
Chancellor Andre G. Bouchard’s preliminary injunction ruling stopped the process days ahead of a potential Sept. 10 auction arranged after attempted foreclosures on loans and other Array obligations issued by or through interests of Hamid Torabi, former Array CEO and sole director. The company was formed to develop laser and photodetector systems and sensors but is now in a wind-down.
Torabi, who headed the 35-employee company from 2014 until his resignation in April, was accused of arranging a series of conflicting actions that included selling to Array for nearly $8.9 million a Tempe, Arizona, plant site that he had bought two years earlier for $2.5 million.
Continue Reading on Law360.comI’ve been watching and listening to Leo Strine for years, before and after he was Chief Justice of the Delaware Supreme Court. Let me tell you, folks, from what I’ve seen, he doesn’t care one bit about employees, as he advocates for corporate change in a recent article! He proved it by helping to take millions from employees in the TransPerfect case by upholding a biased decision from Delaware’s Chancery Court. Much of that money, wasted in legal fees, was passed on to his buddies at Skadden Arps.
It’s a socialist agenda, in my opinion, folks. It’s crazy, entitled thinking by Strine, and it’s the type of insipid thinking that is going to lead to tons of litigation. Of course, in my view, that leads to more money for Strine’s lawyer friends, such as his pals at Skadden, including his former Skadden pal, Chancellor Andre Bouchard. Strine wants to change the rules for corporate managers and directors. He’s talking ridiculous nonsense about authorizing the “public benefit corporation”, to declare public purposes beyond profit, and making company directors responsible.
Now that he’s not a judge, he’s droning on, talking about how the standard by which management is measured should be changed. Why? So someone can decide to buy expensive items for themselves, like a fancy Tesla, with shareholder money? He’s advocating for getting rid of the standard by which you judge managers, and as I see it, it’s going to lead to much more litigation. Imagine how many different ways this can be interpreted and how many more lawsuits will result. Payday for Strine’s old pals? They all stick together!
Read the Fortune article below, partially written by former Chief Justice of The Delaware Supreme Court, Leo Strine, which is the first story that brought this to my attention. Please tell me what you think, folks.
Sincerely Yours,
[avatar user=”Judson Bennett” size=”medium” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett-Coastal Network[/avatar]
September 13, 2020 5:00 AM EDT
Fifty years ago, Milton Friedman in the New York Times magazine proclaimed that the social responsibility of business is to increase its profits. Directors have the duty to do what is in the interests of their masters, the shareholders, to make as much profit as possible. Friedman was hostile to the New Deal and European models of social democracy and urged business to use its muscle to reduce the effectiveness of unions, blunt environmental and consumer protection measures, and defang antitrust law. He sought to reduce consideration of human concerns within the corporate boardroom and legal requirements on business to treat workers, consumers, and society fairly.
Over the last 50 years, Friedman’s views became increasingly influential in the U.S. As a result, the power of the stock market and wealthy elites soared and consideration of the interests of workers, the environment, and consumers declined. Profound economic insecurity and inequality, a slow response to climate change, and undermined public institutions resulted. Using their wealth and power in the pursuit of profits, corporations led the way in loosening the external constraints that protected workers and other stakeholders against overreaching.
Continue Reading
Dr. Shiva Ayyadurai, seen in this enlightening, “YouTube” video below, exposes in great detail the truth about our election system and the potential it has to be continuously compromised. Dr. Ayyadural is brilliant, accredited, and started many successful companies. It’s important to watch his video.
The results of this election must be reviewed and all claims of fraud heard. Our system must be fixed if our Republic is to survive. This Presidential election is different from any other election in U.S. history, due to accusations of voter fraud. Many Trump voters believe Biden has not legitimately won this election and that the vote tallies have been compromised.
Shiva Ayyadurai
Eyewitness testimony of ballots being changed, altered, or harvested, mail-in ballots coming in after the legal deadline, and software programs that changed votes from Trump to Biden are all being presented in lawsuits. Folks, the evidence is overwhelming that voter fraud occurred nationwide and every American should be outraged at the way it has been handled.
Please check out the attached video from YouTube and see what Dr. Ayyadurai says. He’s the inventor of Email, holds 4 degrees from MIT, a Fulbright Scholar. Indeed an impressive guy! Let me know what you think.
Dr. SHIVA LIVE MIT Ph.D. Analysis of Michigan Votes Reveals Unfortunate Truth of U S Voting Systems
Dr. Shiva Ayyadurai, the Inventor of Email, holds 4 degrees from MIT, is a Fulbright Scholar, and has started 7 successful hi-tech companies including EchoMail, CytoSolve and Systems Health. He is currently the Founder and CEO of CytoSolve, Inc., which is discovering cures for major diseases from Pancreatic Cancer to Alzheimer’s. He is also the Founder of Center for Integrative Systems that is the home of Innovation Corps and C.L.E.A.N./R.A.W. certifications. “On my 7th birthday, in 1970, I left India and came to America: to this land of incredible opportunity. As a kid, I learned from my parents, teachers, coaches, and friends that what mattered most was Truth — to uncover it, share it and fight for it. That core value is THE foundation of the America Dream. And my life has been about fighting for Truth, at every step.” “I have lived the American Dream. I grew up playing baseball, playing soccer, having a paper route, while running my own small lawn mowing and snow shoveling businesses as a kid. Being selected by American Legion Boys State to represent my high school, and later being awarded a U.S. Fulbright Scholarship were all part of this incredible journey. What an honor to be in the state of Massachusetts — the home of the Red Sox, Patriots, Bruins and Celtics!”
OPINION
Dear Friends,
It is my opinion that Andre Bouchard’s Chancery Court has denigrated into a Court of Inequity, instead of the equity court it was once famous for. Furthermore, since I consider Bouchard one of the Godfathers of corruption, and an originator of the “Delaware Way,” I am quite sure the already bad situation in the Chancery will only get worse. Hell, why wouldn’t it?
I watched in amazement the TransPerfect case in Delaware’s Court of Chancery with blatant bias and conflicts of interest that should not have been allowed. The Chancery Court has denigrated since Andre Bouchard got there. He epitomizes the “Delaware Way,” and in my view, his former Skadden Arps co-worker Leo Strine and he are deeply entrenched.
Please read the article below written by a TransPerfect executive from just a few months ago. He has first-hand knowledge of Chancery Court Chancellor Andre Bouchard and court-appointed Custodian Robert Pincus’ disrespect for TransPerfect’s workers. Read his account about his battle against Bouchard.
More battles are needed. With the likely certification of Joe Biden as President, the “Delaware Way” may only get worse!
As always, your feedback is welcome and appreciated.
Why I’m continuing to fight: The state’s rigged ‘Delaware way’ must end | Opinion
Kevin Obarski
Special to the USA TODAY NETWORK
Five years ago, I watched helplessly as my job and livelihood were debated in a Delaware courtroom. As a senior member of the TransPerfect team, I saw firsthand how the “Delaware Way,” a complex maze of backroom deals and self-enrichment, completely cut out the average TransPerfect employee from the decisions that would decide their future.
At the time, I was shocked by Chancery Court Chancellor Andre Bouchard and court-appointed Custodian Robert Pincus’ complete lack of care or respect for TransPerfect’s workers. Now, I know that’s par for the course in Delaware, where elite lawyers, politicians, and corporate executives enrich themselves at the expense of normal Delawareans.
We thought we were being treated so poorly because most of our employees were Delaware outsiders living in New York and across the country, but what we came to realize was that the Delaware way that protects elite interests also pushes down communities of color and other marginalized groups in the state.
While we eventually saved TransPerfect and our jobs, the rigged system that continues to fail vulnerable Delawareans stayed in place, and we became a watchdog group to fight back against the lack of transparency and accountability in Delaware’s courts and government.
Now, I’ve joined other advocates to launch a new Political Action Committee, Citizens for Transparency and Inclusion, to hold Gov. John Carney accountable for his administration’s many failures, including its disastrous handling of the COVID-19 pandemic, especially in the state’s prisons, its hollow support for racial justice, and its failure to end Delaware’s entrenched culture of political and judicial corruption.
Even in the midst of a public health crisis, Delaware’s communities of color have faced another scourge during Carney’s tenure — police brutality. Since the governor took office, nine Delaware citizens have been shot and killed by police officers with impunity, and protests for racial justice and police reform have been met with trepidation and too-little, too-late gestures from the Carney administration.
Carney has done nothing to meaningfully transform an unjust system in which people of color make up more than 60% of Delaware’s prison population, but only 15% of judges on the state’s top courts. Instead, in Carney’s Delaware, Black residents are incarcerated at a rate of nearly 5:1 compared to their white counterparts while the incarcerated population has been sickened and killed by COVID-19 at the fifth-highest rate in the nation.
The governor’s preferred response of “no comment” doesn’t cut in when lives are at stake and citizens are being treated as less than human. It’s time to hold Carney accountable to the communities he claims to serve, rather than letting him continue to slide by on support from the “Old Boys’ Club” of rich, white lawyers and corporate insiders.
We need to leave the old Delaware way behind: no more giving millions of dollars in government contracts and no-bid legal fees to scandal-ridden firms like Skadden Arps; no more “revolving door” between top government positions and lucrative private sector jobs; and no more hollow shows of support for Black Lives Matter and racial justice while continuing to uphold the very systems that keep Black Delawareans down.
It’s time to build a “New Way Forward For Delaware” so that not just the rich and powerful have the chance to thrive. Carney has failed the citizens he claims to serve. It’s up to us to hold him accountable so that we can have a more equitable, just, and transparent future in the First State.
Kevin Obarski, a founder of Citizens for Transparency and Inclusion, is based in Atlanta.
OPINION
Dear friends,
It appears that President Donald J. Trump is about to lose the election and I have a few things to say. Indeed, I am very upset, as I put my heart and soul into Trump’s reelection. Some of you won’t like what I have to say, but I know I am right. There has been significant fraud, which in Pennsylvania, Virginia, Georgia, Wisconsin, Michigan, and Nevada was just too much to overcome. I doubt if legally Trump will be able to reverse it. Corruption at this grotesque level, makes America no better than the worst Banana Republic. Today, I am ashamed to be an American citizen. I never thought I would ever say that, but today I am more than chagrined at my county’s grotesque dishonesty and corruption!
That being said, I am also very critical of the actual Trump campaign. I wonder with great resentment, if the people running the campaign know what the words “opposition research,” actually mean???? Folks, there is no doubt in my mind that this was the worst run, political, Presidential campaign in U.S. history, run by the best President in US history. Wow, what a paradox!
There are 3 crucial and important factors in running a campaign—it is basic campaign 101, AND IT WAS NOT EVEN CLOSE TO BEING UTILIZED.
1 ) You need a very good message, and circumstances often make it necessary to change that message accordingly, and flexibility is important. Trump failed at that in dealing with the Chinese virus. He did a great job, but his tone, style, and arrogance turned off many voters. The campaign ignored crucial information that was available, that if properly utilized, would have sunk Biden totally, which I will explain shortly.
2) The venue of the message (where you put it out) Radio, Television, signs, grass roots, and so on are the available venues. Besides not delivering crucial information from proper opposition research by the Trump campaign, the Biden campaign was much more diverse and effective.
3) the frequency of the message, which means how often do you get that message out there? This was terribly mismanaged with the money needed, not being raised or spent properly. Biden out-advertised Trump in all venues and hardly left the basement.
Simply put, Message, Venue, and Frequency of the Message are the factors that Trump’s campaign terribly mismanaged.
The real rub for me is that I had so much negative information on Biden that was accurate, that I will never understand why, with the resources available to Trump, his campaign totally failed in that regard.
OPPOSITION RESEARCH is extremely important and folks you will be amazed at the ignorance of the Trump campaign!! I made huge efforts to get this information to the campaign through every avenue I possibly could, and I was totally ignored.
I asked Rob Arlett who was apparently the Delaware connection with the Trump campaign to put me in touch with the campaign. He put me in touch with a low level National GOP person, who was useless. I tried to get to Donald, Jr. through mutual friends and again I was totally ignored. I passed on information to many, self-important people, name-droppers — again useless. I sent innumerable emails, totally ignored. I spoke with the head of the GOP in Florida, again totally ignored.
Then of course, I spoke with Bill Stevenson, former husband of Jill Biden, who could have sunk Biden as well, if his story was properly presented on National TV. Bill Stevenson chose, apparently for various personal reasons, which I will never understand, not to push it, which to me is unfortunate. I believe Bill could have made a difference. I will definitely expound on all of that in detail in another article. Too late now for this situation!
Where were the Trump TV ads about the lies Joe Biden told about Curtis Dunn who he falsely accused of being drunk when he was T-boned in his truck after Biden’s first wife, Nelia Biden killed herself and her daughter?
Where were the TV ads about the Biden plagiarism?, Where were the TV ads about Biden’s lies about so many different things-Nelson Mandella, Tara Reed, his education, his MBNA corruption, expungement in Delaware of Biden family crimes, and much much more !!!!!! Where were the TV ads about the Biden bribery of the head of the Teamster’s union in 1972? Where were the TV ads about Biden’s marriage to Jill and the completely false scenario about how they met?
Folks, then of course the corruption involving son Hunter and the selling of Biden’s office as both a US Senator and Vice President, to foreign countries!? Folks I knew about all of this 2 years ago, and I tried to get it to the Trump campaign — to no avail. Donald Trump , JR apparently was in charge of “opposition research”, and folks he failed miserably! He wrote a book which didn’t come close to what was needed. Besides, campaign 101, opposition research is imperative and must be properly utilized. INDEED IT WAS NOT!
So in conclusion, Trump lost this election for 3 basic reasons: 1) Arrogance, tone, and attitude and a terrific failure to do proper opposition research and presenting it accordingly. 2) Corona Virus — Trump couldn’t articulate the pandemic situation to the American people and how it was being handled. 3) Blatant election fraud created by the Democrat party and they are going to get away with it. Unbelievable???
No doubt — Trump had the right platform from the very beginning, he really gave us the opportunity to prosper — now our future is in doubt. It does appear that the Republicans will hold the Senate and we made gains in the House. The only positive thing is that we will have a shot to take back both houses during the midterms. Then in 2024, we could possibly defeat Biden or Harris, if Donald runs again, or perhaps Ivanka.
In semi-jest (because it won’t happen), I should be hired to run the campaign in 2024, because I know the formula for victory which the Trump campaign had no concept. I do know how to run a campaign,. So be it, and that is my view for what its worth.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
COASTALNETWORK.COMFolks, if Joe Biden does not win the election, he can point to his own home state of Delaware for the corrupt “Delaware Way” led, in my view, by Chancellor Andre Bouchard and former Delaware Chief Supreme Court Justice Leo Strine, both from law firm Skadden Arps. In his own state, with Bouchard and Stine’s, in my view, disturbing corruption, and his own son’s laptop, are to blame. The winks, the nods, people getting paid off in backroom deals, are the corrupt activities that have sunk America’s First State, deep in the “Delaware Way.” It started with Joe Biden in 1972 and has spread like unchecked cancer throughout our state for many years. If Biden loses, he has Bouchard, Strine, Hunter, and the “Delaware Way” to blame, with his state and family doing him in. Please send me your feedback! See the Bloomberg article from July below for more on the “Shady” state of the “Delaware Way.”Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left”]Judson Bennett[/avatar]
Scroll down to read the interesting article:INSIGHT: The State of Incorporation’s Shady State of AffairsJuly 14, 2020, 4:00 AMDelaware Court of Chancery in Georgetown, Del. | Photo by Pat Crowe Ii/Bloomberg via Getty ImagesBy Seema IyerAttorney/JournalistThe Delaware Chancery Court is in need of reform, says attorney Seema Iyer. She looks at recent cases that demonstrate some legal and ethical problems with a court that handles only corporate cases, with no juries, and has judges that, she says, arguably disregard facts.Delaware is famous for two things—the Democratic presidential nominee, Joe Biden, and being the state of incorporation. The time has arrived for Delaware to stop being known for the latter.More than one million businesses, over 50% of publicly traded entities and more than 66% of Fortune 500 companies, incorporate in Delaware.Why is that?There are a few reasons, but topping the list may be the Delaware Chancery Court. A judicial system solely devoted to corporations. No juries, just judges with foremost expertise in corporate law.The TransPerfect case first brought my attention to the Delaware Chancery Court in 2015 and has kept my eyes glued there ever since.The global translation company went to trial that year when one partner, Elizabeth Elting, filed suit against the other partner, Phil Shawe, to force the sale of their company. Despite flourishing at approximately $470 million in revenue, the presiding judge, Andre Bouchard put the case up for auction and utilized the seldom-used mechanism of appointing a custodian.At auction, Shawe, Elting, and outside bidders would have the chance to purchase a company Shawe tried to purchase outright. One of the many reasons auction made zero sense.Finish reading the article on Bloomberg HereI was lucky enough to see First Lady Melania Trump vote this morning in Palm Beach, Florida. You can be sure she was betting on her husband, our fearless leader, Donald J. Trump to win. A British fellow is hoping to turn $5 million into $15 million by also betting on President Trump! Those odds and President Trump are too good to resist.You’ll see today’s New York Post story below that the mystery gambler confidently bet millions after consulting with “Trump camp insiders.” The 2020 U.S. Election may be the biggest betting event of all time, the story says. Bettors think Trump will beat the odds, as he did in 2016, the Post says, and 93% of all bets are coming in on Trump in the final hours. Let’s see what the next 24 hours bring! Go Trump! Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left”]Judson Bennett[/avatar]
British gambler bets $5 million on Trump in biggest-ever political wagerBy Lee Brown November 3, 2020The former banker used private bookmakers registered on the Caribbean island of Curacao for the bet at odds of 37/20 — meaning he could get a $15 million payout, sources told the Sun.The mystery gambler confidently went all-in after consulting with “Trump camp insiders,” according to the report.“Word of this bet has done the rounds and we think it’s the biggest ever made on politics,” one betting industry source told the UK paper.While illegal in the US, betting on politics is popular in the UK and many other countries — and the 2020 election is shaping up to be the biggest betting event of all time.Read the rest in the New York Post
OPINION
OUR First lady Melania Trump voted in-person in Palm Beach today about 11:15 AM!!!!
I was there and was randomly able to take some exit polls —Polled 73 folks-TRUMP has 52, Biden 21t —If you count Melania’s vote-Trump has 53. Secret Service everywhere, frisking, metal detectors —huge security! You could feel the excitement in the air. Folks, I love our first lady. I predict TRUMP IS GOING TO WIN FLORIDA. GOD BLESS AMERICA and our President Donald J. Trump and our beautiful first lady !First lady Melania Trump has cast her ballot in Palm Beach, Florida.The first lady cast her ballot in–person where she now lives!When asked why she didn’t vote with her husband last week, she said, “It’s Election Day, so I wanted to come here to vote today for the election.”
OPINION
NEWS ALERT :
ARE THE BIDENS DELUSIONAL?? FROM THE VERY BEGINNING, HOW JOE AND JILL MET IS JUST ANOTHER LIE !
Folks, just days before the election, the Bidens have the audacity to put out another TV lie and political ad in the face of outed corruption! Bill Stevenson, Jill’s former husband tells the truth, but the Bidens are apparently so arrogant they think the American people are stupid. Joe and Jill Biden never met on the phony blind date that Jill prevaricates in her insipid book! ABSOLUITELY UNTRUE, which I have personally verified from other unimpeachable sources.
Folks, when you put together the entire Biden history of absolute falsehoods, the grotesque misrepresentations and political prevarications these people have perpetrated on the people of Delaware since 1972 and also the American people as a nation while selling his office to Communist China and also Russia, in my opinion, through his son Hunter, how can anybody logically justify voting for this serial criminal who apparently has bamboozled so many people?! Jill might be visiting Joe and Hunter at a federal prison after the election?! I wonder if they will be able to share the same cell?
Folks, there is no comparison as to the abilities, lifetime actions, and realities between President Donald Trump and the head of the “Biden Crime Family”, Democrat candidate for President of the United States, Joe Biden! The clear dishonesty of these people make them a threat to our national security. Please, vote for Donald Trump to guarantee future prosperity instead of devastating depression without hope created by people who think they are above the law.
Please scroll down to read the accurate article which is public news.
VOTE ON TUESDAY NOVEMBER 3rd for DONALD TRUMP like your life depends on it, because it does!
Respectfully yours,
JUSON Bennett-Coastal Network
*Please check out the article below which should further outrage any reasonable citizen who has been lied to by Joe Biden’s lifetime of blatant dishonesty:
Bidens say they met in 1975; Bill Stevenson says they knew each other in 1972
By Valerie Richardson– The Washington Times – Saturday, October 31, 2020
A Biden campaign ad released this week features a timeline of when Jill Biden met Joseph R. Biden that has been disputed by her ex-husband.
In the one-minute ad, “In the Dark,” Mrs. Biden makes reference to the well-known account of how she met then-Sen. Biden in March 1975 after he saw her photo on a poster and got her phone number from his brother Frank.
“My name is Jill Biden, and I want to tell you about my husband Joe. I first met Joe two years after a car accident that injured his sons and killed his wife and his baby daughter,” says Mrs. Biden, referring to the December 1972 crash, in the ad released Tuesday.
Bill Stevenson, a prominent Delaware rock-venue owner who was married to Jill from 1970-76, has told media outlets that she met Mr. Biden during his 1972 campaign for Senate, before the accident, and that they later had an affair that broke up the Stevenson marriage.
The Biden campaign flatly denied the allegations after they surfaced in August, and accused Mr. Stevenson of seeking to drum up publicity for his upcoming autobiography.
“These claims are fictitious, seemingly to sell and promote a book,” a Biden spokesperson told “Inside Edition” in September. “The relationship of Joe and Jill Biden is well documented. Jill Biden separated from her first husband irreconcilably in the fall of 1974 and moved out of their marital home. Joe and Jill Biden had their first date in March of 1975, and they married in June of 1977.”
Mr. Stevenson, whose Stone Balloon bar featured top acts such as Bruce Springsteen and Metallica, told WDEL radio host Rick Jensen that the allegations went public when a writer interviewed him for a story about his still-unreleased autobiography.
“I said, ‘Look, the Bidens made up this dramatic story that they met, he saw a picture of her,’ and I told him, I said, ‘That was so untrue,’ ” Mr. Stevenson said in the Aug. 17 WDEL interview. “There’s probably 500 people in Delaware that saw Joe Biden and Jill at three major fundraising events at the Stone Balloon in 1972, after the Stone Balloon opened in February.”
Mr. Stevenson told the [U.K.] Daily Mail that he plans to vote for President Trump — he also supported President Barack Obama — but that he bears no ill will toward Mrs. Biden, adding that his book is “ready to go” and that “there’s nothing personal about Jill.”
“One thing I do not want to do, and I know this might sound funny to people, is that I don’t want to hurt her chances of becoming first lady of the United States. That’s not my goal,” Mr. Stevenson told WDEL.
He said he has not spoken to her about the book, but if he did, he would challenge her how-Joe-met-Jill account.
“I would say to Jill, listen, you know how I feel about this. You had an affair. You worked on the campaign,” Mr. Stevenson said. “Why you invented this crazy story on Oprah Winfrey about, he saw your picture in the train station — there’s too many people that knew we worked on his campaign in 1972.”
He said Jill would babysit for the widowed senator’s young sons, and that he grew suspicious when he was told Mr. Biden caused a fender-bender while driving her Corvette in 1974. The couple separated after a friend of hers told him about the affair in October 1974, Mr. Stevenson said.
The divorce became final in late 1976, and Jill and Joe exchanged vows soon after.
“Very shortly thereafter — I was paying her $2,000 a month at that time — when they got married, my lawyer called up and said, hey, she just got married, don’t send the next check,” Mr. Stevenson said. “That was in June of 1977.”
The Bidens, who married June 17, 1977, have given an entirely different account of how they met, saying that they went on their first date after he called her and persuaded her to cancel a previously scheduled date.
“My brother said, there’s this woman — you’ll really like her, Joe,” said Mr. Biden in a 2020 Democratic National Convention video. “So I gave her a call, and she had [another] date that night.”
Mrs. Biden jumped in with, “You said, do you think you can break your date? Well, I called and told the guy that I had a friend in from out of town, and went out with Joe.”
Mr. Stevenson, a member of the Delaware Rock & Roll Hall of Fame who also started and sold a transportation company, was listed as one of the 50 most influential Delawareans in the last 50 years in 2012 by Delaware Today, as was Mr. Biden.
OPINION
Dear friends,
I would like to say that winning in Delaware Courts has something to do with the truth, the merits, justice, or the law. In my view, It does not, so I can’t say it!
I wrote some rules to guide future litigants:
Rule 1) Perhaps be best friends and golfing buddies with the Judge, like Kevin Shannon?
Rule 2) Be rich, be elite, and be country-club connected to the billionaire-boys club, perhaps like the Chancery Court Judges?
Rule 3) Re-Read Rules 1) and 2)
See this Reuters article below and smell what I consider the stench of the “Delaware Way” corruption, as attorney Kevin Shannon notches yet another remarkable against-all-odds win.
God help us in Delaware if this form of justice continues. The only way this can ever be fixed is to change Delaware’s political leadership which I fervently advocate.
Let me know your thoughts on this one, folks!
Respectfully Yours,
JUDSON Bennett-Coastal Network
COASTALNETWORK.com
By Maria Chutchian
(Reuters) – A Delaware court on Tuesday threw out most of the claims brought by Baker Hughes Co shareholders asserting they were not given complete financial information about the oilfield service provider’s 2017 merger with General Electric’s oil and gas segment.
In a 55-page decision, Chancellor Andre Bouchard of the Delaware Court of Chancery dismissed claims against GE, former Baker Hughes CEO Martin Craighead and the company’s former CFO, Kimberly Ross, accusing them of misleading shareholders about the $23 billion merger. He did, however, allow a claim that Craighead breached “disclosure duties” to stand.
Lawyers for the shareholders, Frank Schirripa of Hach Rose Schirripa & Cheverie and Jeroen van Kwawegen of Bernstein Litowitz Berger & Grossmann, did not immediately respond to a request for comment.
The shareholders had argued they should have received the unaudited financials that the board relied on in initially signing off on the deal as well as the audited financials that were later disclosed so they could compare the two before voting on the deal. The agreement included a provision whereby Baker Hughes could terminate the merger and receive a fee if it discovered material differences between the unaudited and audited financials.
Bouchard wrote that the shareholders failed to support their claim that GE, by not ensuring that its unaudited financials were included in a proxy statement Baker Hughes distributed to shareholders, aided the board’s failure to disclose key information to the shareholders. The shareholders did not offer sufficient allegations that GE knowingly or otherwise participated in the board’s decision not to disclose the unaudited financials, he concluded.
“Plaintiffs’ primary contention is that General Electric aided and abetted the Baker Hughes directors in breaching their duty of care by creating an informational vacuum that induced the board to enter a bad deal based on GE O&G’s unaudited financial statements,” Bouchard wrote. “This claim is not reasonably conceivable.”
The shareholders filed two suits in 2019, which were eventually consolidated. In addition to their claims against GE, they accused the Baker Hughes board of breaching its fiduciary duty by entering the deal based on unaudited financial statements from GE. They later dropped those claims and instead focused on those against GE and the company’s CEO and CFO.
In Tuesday’s decision, Bouchard found that the plaintiffs sufficiently alleged that the lack of unaudited financials to compare with audited financials in a proxy statement was a “material omission.”
However, he deemed the allegations that Ross acted in bad faith or was grossly negligent with respect to the merger “exceedingly thin.” Bouchard did allow the same disclosure-related claim against Craighead to survive due to the shareholders’ allegation that he signed the proxy in question.
The judge dismissed a breach of fiduciary duty claim against Ross and Craighead in its entirety, noting that a 12-member board of directors approved the merger and that the complaint does not allege that the two officers concealed audited financials from the board.
“In effect, Plaintiffs’ grievance is that Craighead and Ross did not pound on the table vigorously enough to persuade twelve concededly independent and disinterested Board members to reach a different conclusion concerning the import of the Audited Financials. Plaintiffs cite no authority to support such a claim and the court is aware of none,” Bouchard wrote.
The case is In re Baker Hughes Incorporated Merger Litigation, Court of Chancery of the State of Delaware, No. 2019-0638.
For the shareholders: Ned Weinberger and Thomas Curry of Labaton Sucharow; Jeroen van Kwawegen, Edward Timlin, Alla Zayenchik and Gregory Varallo of Bernstein Litowitz Berger & Grossmann; Thomas Uebler, Joseph Christensen and Hayley Lenahan of McCollom D’Emilio Smith Uebler; and Frank Schirripa and Kurt Hunciker of Hach Rose Schirripa & Cheverie
For Craighead and Ross: Kevin Shannon, Matthew Davis, and Callan Jackson of Potter Anderson & Corroon; and Samuel Cooper and Edward Han of Paul Hastings.
For GE: Michael Kelly, Andrew Dupre and Sarah Delia of McCarter & English; and Alan Goudiss, Paula Howell Anderson and Grace Lee of Shearman & Sterling
OPINION
Dear friends,
Folks, there’s been a huge break in Delaware’s TransPerfect case. Chief Exceutive Phil Shawe has won the transparency that he’s been fighting for in our Chancery Court. After years of battling, the question looms large: Will Chancellor Andre Boucahrd actually make his “Delaware Way” cronies show their bills as promised?
I’m as curious as you to see if Skadden will show the bills for the work they allegedly have done over the years in this case, to the tune of $14 million in undisclosed and non-itemized invoices. All the employees, who had to put up with this forced sale of their company, deserve justice.
See the article below. I would love to hear your feedback on this one folks! The day of reckoning has finally arrived.
Wilmington, Delaware – Today, following news that the Delaware Chancery Court has ruled to unseal nearly the entire court record in the court case that forced the unprecedented sale of TransPerfect, Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey released the following statement:
“This ruling is a major step in the direction of transparency and accountability for the thousands of the TransPerfect employees who founded Citizens for a Pro-Business Delaware, whose livelihoods were put on the line by the Chancery Court’s unprecedented and unnecessary forced sale of TransPerfect.”
“Finally, we will get answers to why Skadden Arps has pilfered the coffers of TransPerfect to the tune of $14 million in undisclosed and non-itemized invoices. Finally, we will have the chance to see where the money went and if it was spent for legitimate and necessary legal services, rather than to just pad Skadden’s bottom line.”
“Now that Skadden will not be able to bill TransPerfect in perpetuity without scrutiny or transparency, we’re hopeful that their Partner and custodian of the TransPerfect sale, Bob Pincus, will resign his role as custodian. After all, over-billing TransPerfect without explanation seems to have been his only role in the years since the case was resolved.”
“Regardless, this ruling is a major step towards improved transparency and accountability for a court that has continuously resisted any efforts at common-sense reforms to increase transparency and guarantee judicial integrity, and we’re grateful that TransPerfect employees and shareholders will finally get the answers they deserve.”
OPINION
Dear Friends,
When I hear stories like the one below, I have to shake my head. When Delaware Governor John Carney is so paranoid that he sends “Cease and Desist” orders to various radio stations and media outlets airing negative ads, he is trampling all over people’s First Amendment rights. He’s bullying his political enemies with censorship.
Look folks, everyone knows this is a blue state with Joe Biden on the top of the election ticket, which makes it much tougher to create change, but change is needed. A message needs to be sent to let the politicians know we’re not OK with the status quo, so get out there and vote. Vote how you want, but the message is clear: We won’t tolerate keeping things the way they have been, especially in our judicial system.
Please scroll down and read the article. Your comments are welcome and appreciated.
Citizens for Transparency and Inclusion, a Delaware-based Political Action Committee, is airing a new aid that criticizes Governor John Carney for his campaign’s attempt to get media outlets to stop running a recent CTI ad.
The previous ad was critical of the pardon of Barry Croft Junior, one of the suspects who was recently arrested in an alleged conspiracy to kidnap Michigan Governor Gretchen Whitmer. Carney signed off on the pardon which was approved by the Delaware Board of Pardons. The ad also stated that Croft was pardoned within the past year, while this year he refused calls to commute the sentences of Delaware prison inmates who were at risk of COVID-19.
With just a week before voters head to the polls, it’s more important than ever that First State residents know the extent of Governor Carney’s failures of Delaware’s most vulnerable communities, including inmates, low-income Delawareans, and people of color,” Citizens for Transparency and Inclusion spokesman Chris Coffey said.
Citizens for Transparency and Inclusion describes itself as a political action committee “that promotes transparency, accountability, diversity and inclusion in Delaware’s state government and court systems.”
Governor Carney’s failures on racial justice and diversity issues are being exposed by a righteous activist group. A powerful mail piece will be delivered to thousands of Delaware Democrats to urge them to vote for candidates who stand against the corrupt “Delaware Way!” We have one week before Election Day, which is when voters can vote out this corruption.
Folks, the term “Delaware Way” is a phrase meaning for a wink and a nod, people get paid off, and corruption continues. It is time to end this “Way” once and for all. It started with Joe Biden in 1972 and has spread like unchecked cancer throughout our state for many years. Time to vote Carney out of office and elect Julie Murray the next Governor of America’s First State! She is such a delightful breath of fresh air!
Read the article below and send me your feedback.
Yours Truly,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]Judson Bennett[/avatar]
With Third Direct Mailer, Citizens for Transparency and Inclusion PAC Reaches 139,000 Super Voters in Mail Campaign, Promoting Candidates Who Break the “Delaware Way”
October 26, 2020
WILMINGTON, Del.–(BUSINESS WIRE)–Today, the Delaware Political Action Committee Citizens for Transparency and Inclusion (CTI) announced it is launching its third piece of direct mail to voters in the First State, as part of the group’s campaign fighting for an equitable and just future in Delaware while also further exposing Governor Carney’s failures on racial justice and diversity issues. The mail piece will be delivered to thousands of Delaware Democrats to urge them to vote for candidates who stand against the corrupt “Delaware Way,” while the broader mail campaign has reached a combined 139,000 Delaware super voters.
CTI aims to further demonstrate how Governor Carney’s establishment is broken, advocating for a dynamic slate of groundbreaking fresh faces such as Marie Pinkney who would be the first openly LGBTQ+ state senator, Madinah Wilson-Anton who would be the first practicing Muslim lawmaker in the United States and Donyale Hall who would be the first African American Lieutenant Governor in Delaware history.
The mailer is the latest in CTI’s ongoing commitment to expose Governor Carney’s failures and the establishment’s broken “Delaware Way” ahead of the November 3 General Election.CTI has already spent over $1 million on television, radio, print, digital, and social advertisements.
Said Citizens for Transparency and Inclusion spokesman Chris Coffey, “With the election just over a week away, this is a call to action for Delawareans to get out there and vote for candidates who will take a stand against the corrupt, outdated Delaware Way.”
“Delaware has been lagging behind other states during Governor Carney’s tenure, and the opportunity to be a part of history by electing the likes of the first openly LGBTQ state senator, a Muslim member of the house and the first African American Lieutenant Governor would bring much-needed change to Delaware. These candidates are not just members of the forgotten and overlooked communities in Carney’s Delaware, but they are brilliant minds who have real plans to address hot button issues such as criminal justice reform, government transparency, and public health.”
“It’s time for our leaders to represent the people and not just the all-white boys’ club Carney’s ‘Delaware Way’ caters to. It’s not enough just to have candidates like Pinkey, Wilson-Anton and Hall on the ballot. We will be satisfied when they take office and put an end to the racial inequality that permeates throughout the state. Governor Carney and his team pardoned a violent white supremacist who plotted to kidnap the Governor of Michigan, he is being sued by 67 inmates for $400 million for the cruel and unusual punishment they endured due to him failing to put safeguards in place to protect the Delaware prison population and he has contributed to the median household income for black and Latino’s to be half that of white households. What’s next? It is now time to break the mold of the ‘Delaware Way ‘and develop new leadership from the ground up.”
Dear friends, All five parties in the TransPerfect case, according to Court documents, agree to open the record on the case, which is long overdue, and truly the right thing to do. The parties on all sides, including the company itself, company co-founders Phil Shawe and Liz Elting, Shawe’s mother and company shareholder Shirley Shawe, and the court-appointed custodian in the case, Robert Pincus, have aligned. This is rare, folks.But wait and see: Folks, it is my opinion that Chancery Court Chancellor Andre Bouchard, can’t and won’t ever make law firm Skadden Arps show its bills — because it is quite clear to me that Bouchard has been using his court’s power to funnel money to his previous employer, Skadden. They will not, and in my view, cannot substantiate the work they claim to have done. Time will tell!Read the Law.com/Delaware Business Court Insider story below, folks, and you’ll see exactly what I’m saying. The question is, will Andre Bouchrad do the right thing? Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left”]Judson Bennett[/avatar]
TransPerfect Sides With 2 Other Firms in Push to Unseal Delaware Court DocumentsBy Ellen Bardash | October 15, 2020 at 04:59 PMThe move was made during discovery in TransPerfect’s case in the U.S. District Court for the Southern District of New York alleging the other two companies made a sham bid for TransPerfect in an attempt to obtain trade secrets, but TransPerfect’s counsel and CEO said they will support their opponents’ push for the Delaware records to no longer be confidential.
Save TransPerfect protest banner
A private equity firm and a data technology company are asking a Delaware court to unseal documents involved in the auction of TransPerfect Global Inc.The move was made by H.I.G. Middle Market LLC and Lionbridge Technologies Inc. during the the discovery process in TransPerfect’s case in the U.S. District Court for the Southern District of New York alleging the other two companies made a sham bid for TransPerfect in an attempt to obtain trade secrets, but TransPerfect’s counsel and CEO said they will support their opponents’ push for the Delaware records to no longer be confidential.“The public deserves to see the whole thing. This is a very odd case because [the Court of Chancery] had everything sealed under the guise of it interfering with the auction, but the auction ended three years ago,” TransPerfect attorney Martin Russo said Thursday, noting he expects to notify Chancellor Andre Bouchard soon that TransPerfect has no objection to the documents it filed being unsealed. “And now, we’re even two years post sale, and they’re still maintaining confidentiality.”Via a notice to the Court of Chancery signed by Elena C. Norman of Young Conaway Stargatt & Taylor on Oct. 9, H.I.G. and Lionbridge informed the Court of Chancery they’re challenging the confidential treatment of 68 documents in the litigation between TransPerfect CEO Phil Shawe and former partner Elizabeth Elting that led to TransPerfect’s sale.Norman did not respond for comment on the filing Thursday. Russo said he and the rest of TransPerfect’s legal team were unaware prior to filing that H.I.G. and Lionbridge planned to challenge the sealed documents and that he hasn’t had communication with the companies’ counsel over the past week.Shawe said TransPerfect not only supports H.I.G. and Lionbridge’s move, but wants the unsealing to go further, making the entire Delaware case record public, as he said he believes it should have been all along.“TransPerfect has nothing to hide and has always wanted the record unsealed,” he said.“[Lionbridge and H.I.G.] think the documents help their case, and we think the documents help our case, so we’d like to have them opened.”Russo said throughout the progression of the Delaware case, TransPerfect saw pushback from the court and custodian Robert B. Pincus on requests to make documents public.While the original matter involving Elting was recently settled, the case remains open as TransPerfect challenges Pincus’ billing, which is not part of the record. A motion is still pending over whether Shawe and TransPerfect can see those bills, the litigation of which is stalled while TransPerfect and Pincus continue mediation.Because TransPerfect’s legal team has already seen the sealed documents now being challenged, Russo said unsealing them won’t impact the evidence they have in the continued litigation involving Pincus. The main concern, he and Shawe said, is showing the public what happened throughout the six years TransPerfect has been in the Court of Chancery.“Now that there’s someone else saying, ‘Hey, look, shed some light on this, because there’s no reason for it to be sealed,’ we’re going to join them and push it a step further to get full disclosure to the world,” Russo said.Dear Friends,I write about many things, especially about political issues. I am a serious communicator with a viable network of readers and I have a Website called the CoastalNetwork.com. I also happen to be from Delaware. In August, I had a few conversations with Bill Stevenson, who was once married to Jill Biden from 1970 to 1975, who is now married to Joe Biden, the Democrat candidate for President of the United States.If Joe Biden is elected, there is no doubt in my mind that America will change drastically and all hopes for prosperity will be destroyed. I believe this situation makes all things relevant and significant, especially since Bill Stevenson claims he has written an autobiography with some pages dedicated to the Bidens which contradicts most of their early story!When I consider the despicable actions of Joe Biden throughout his entire career, especially the defamation of Curtis Dunn, who he accused of drunk driving after his wife Nelia killed herself and her infant daughter by running a stop sign and t-boning a truck, driven by an innocent man, I get so angry and frustrated, I grit my teeth. Biden did this for pure political points and this grotesque lack of character should have eliminated him completely from being a candidate for President.Where was the press, where were the political TV ads?? Then the outrageous influence-peddling for the benefit of his son Hunter who was kicked out of the Navy for cocaine use, who used his father’s influence. to acquire millions of illegitimate dollars from the Ukraine, from China, and from Russia, the situation has become untenable. Biden is a serial liar and that fact is being covered up by the biased media. After the validated, disconcerting stories about the Bidens from Bill Stevenson (notice I use the plural here), and the limited time left before the election, I am obligated to bring it up again as a follow up to several sensational articles that went viral on the internet.This story must be written now with less than 3 weeks left before the election. There is a frightening possibility that the most corrupt politician in U.S. history could become the leader of the free world. I don’t know the name of the book or when it will finally be released — it could be released after the November election. That realization concerns me greatly, which is why I must go forward with this column, regardless if the book is published or not or what it even says. I must state for the record that everything in this op-ed was told to me by Bill Stevenson as being factual. Much of the additional evidence I have gleaned from my own extensive research indicates the information he told me indeed actually happened. The events he shared with me substantiate the already-existing rumors about Joe and Jill Biden and their blatant dishonesty that many Delawareans already know.I am certain, when he awakened, the day after the story broke before Bill was ready, after an unfortunate misunderstanding for which I take responsibility, to see reporters and TV cameras surrounding his house and probably receiving severe criticism from many New Castle County liberals who think fake, liar Joe Biden walks on water, and realizing as I do, that Joe Biden is dangerous, who I believe will, and has,weaponized the FBI, the IRS, and the CIA to get revenge, could be of deep concern. Just ask General Mike Flynn who I have met. I think Biden has a vicious, corrupt character, and has the connections to use his power to hurt people. I believe he already did it once to Bill Stevenson. He must never be our President! I believe I have a duty and a quest to see that this story is revitalized and retold before the November 3rd election. When I consider that the fallacious story of Joe and Jill Biden’s cleverly made up and disguised story of their original connection, which was promoted for political purposes and was used as a “PROP” at the Democrat National Convention, it makes my blood boil. Folks, here is what I heard from Bill Stevenson’s mouth to my ears:
Jill Biden’s Ex Husband Bill Stephenson
Stevenson was the founder and operator of the Stone Balloon and Concert Hall in Newark Delaware, where Bruce Springsteen once played for 5 hours, setting up one of the most successful nightclub enterprises in Delaware history. Bill Stevenson and his wife Jill, both worked on Joe Biden’s original campaign in 1972 and Bill donated around $11,000 personally to Biden and promoted him in every way possible through events at the Stone Balloon. Joe Biden and his first wife, Nelia Biden, who was killed in the suspicious auto accident that was her fault on December 18, 1972, less than a month after Joe Biden’s original election, knew Bill and then Jill Stevenson in 1972 and Bill has photographs of them together in the Bidens’ kitchen! All contrary to the phony story the Bidens tell. “How could they forget something like that?” Bill recently, publicly stated in a national TV interview. The Bidens’ claim that they did not date or meet until 1975 is patently false, which makes Jill Biden’s book, “Where the Light Enters” (which I read with great umbrage, considering what I know to be true), an outrageous lie and casts a dark shadow over Joe Biden’s candidacy. The book is clearly illegitimate and shows that Jill Biden has suborned most of Joe Biden’s life as a serial liar and a corrupt politician.I have pulled a well-known quote from Jill Biden, which is in her book and she describes a blind date with Joe Biden in 1975, supposedly arranged by Joe Biden’s younger brother Frank, “I was a senior, and I had been dating guys in jeans and clogs and T-shirts, he came to the door and he had a sport coat and loafers, and I thought, ‘ God, this is never going to work, not in a million years,’ Jill told Vogue Magazine. “He was 9-years older than I am! But we went to see ‘A Man and a Woman’ at the movie theater in Philadelphia and we really hit it off. When we came home…. He shook my hand good night… I went upstairs and called my Mother at 1 am and said, ‘ Mom, I finally met a gentleman’. Folks this is not how Jill and Joe Biden first met, it is an absurd prevarication. I guess she never considered her first husband Bill Stevenson as a gentleman or that he might write a book someday? Folks, the premeditated depths of this fiction for the obvious purposes of fooling the American people is remarkable and must be exposed. If I was an undecided voter, this story would clearly influence me to vote for Donald Trump, so it might make a difference.Bill Stevenson tells the story, in early 1974, having alreadydeveloped suspicions, when Jill refused to go with him to meet Bruce Springsteen, who Bill was driving to New Jersey to pay in advance before his performance at the Stone Balloon. “She had promised to look after Joe Biden’s boys” during that time. Stevenson began to wonder, because even though they knew the Bidens from the campaign, he did not think they were that close. Folks this is way before the absurd tale of Jill’s blind date with Joe in 1975.Bill told me that Jill seemed to be depressed later in 1974, so to cheer her up, he bought her a brand new, brown Corvette. One day a gentleman knocked on his door and informed him that the ”Brown Corvette had backed into his car damaging the front to the tune of $650 and they promised to pay for it, but never did.” Bill said, “They, who is they?” The man said, “Joe Biden was driving the car, Mr. Stevenson.” Bill wrote the guy a check and later confronted Jill, who had no answer. He told her she then had to move out and he knew for sure Jill was clearly involved in an affair with Joe Biden, Delaware’s new U.S. Senator. I asked Bill Stevenson how he felt at the time about the fact that Jill was having an affair with Joe Biden? He said, “You know, I was terribly hurt by it, but I was also just as hurt and disappointed by Joe Biden, who I thought was my friend — having helped him in so many ways to get elected.” Bill had also been told by a friend that Jill and Joe were getting unusually friendly.From my own extensive research, I was told by eye-witnesses that Joe Biden and then Jill Stevenson, in her brown Corvette, would often meet at Midway Gulf — a gas station on Limestone Road near Newark, and were often seen being affectionate throughout 1974.Later on, after the sale of the Stone Balloon, Jill Biden tried to get half of all of Bill’s assets in a nasty court battle which the Bidens completely lost. Bill Stevenson, was shortly thereafter indicted for bank fraud on a trumped up, mysterious charge of filing a false bank statement for an $8,000 car loan. He was convicted and had to pay $1,000 fine. I learned from my research that pressure from Joe Biden on bank officers and prosecutors was implemented and Stevenson was unjustly violated on a charge that is rarely used, unless you stiff the bank, which he didn’t. Biden got his revenge on Bill Stevenson. I recall that Joe Biden as Vice President also unmasked and framed General Mike Flynn. Imagine the threat he would be if he is elected President? If it could happen to General Mike Flynn and to Bill Stevenson, it could it happen to you? Folks, many married people have affairs and marriages break up, that is not the issue here. The issue is the fact that Joe Biden is now running for President of the United States. Jill and Joe Biden have promoted, sensationalized, and presented for political purposes a touchy-feel good, fake story in a published book and used it as a “Prop” at the Democrat National Convention which was on national television. It was a basic cover-up for a seedy relationship and a fantastic lie that was the beginning of Biden’s entire career of lies and corruption during his second marriage to Jill Biden. THAT IS THE POINT OF THIS OP-ED.I have no idea where this article will go — if anywhere. I must pursue every possible solution. If the American people elect Joe Biden without knowing the truth about him, it will be the most significant fiasco in history. The United States of America is on the brink and the truth about Joe and Jill Biden in every detail must be known. This grotesque false profit must not be elected.Bill Stevenson recently stated on Facebook that nothing in his book will affect the election and he is a bit coy about if or when it will actually be released. That doesn’t change the words he said to me nor his many public statements contradicting the entire Biden story. So be it. Respectfully Submitted,JUDSON Bennett
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” /]Dear friends,
Frankly, if there had not been all of this crazy mail in voting and early voting going on, after last night’s debate, this election would not even be close. Considering the fraudulent life and despicable actions of Joe Biden throughout his entire career and how duped the voters have been over the entire 47 years since he has been in office, I can only shake my head in disgust that this creep is even on the ballot.
Despite a biased moderator who interrupted President Trump, incessantly, the President absolutely destroyed Biden in every regard on every issue. Donald Trump was cool, calm and collected as he dissected Biden, exposing the ineptitude and dishonesty that literally reeks from Joe Biden’s entire being.
Specifically, Biden stammered about fracking. “ I never said I would stop fracking,” Trump reminded him both he and his running mate, socialist Kamala Harris, clearly said they would do away with fracking innumerable times, and the tapes are now flooding Fox News. What was even more remarkable, was Biden said “he would end gas and oil by 2035 and replace it with alternative energy.” Texas, Ohio, Pennsylvania, all would lose millions of jobs, Trump was quick to instill this fact into the debate.
The Hunter Biden computer with its hard drive has been exposed and has been validated by the FBI, according to the New York Post. The possibilities of high crimes committed by Joe Biden, including treason and money laundering, are absolutely now on the table. Remarkably, when Trump brought it up, Biden like his fraudulent supporters, claimed, “it was Russia stuff again’, claimed it was not true, when the evidence is now overwhelming. Millions and millions of dollars folks have been clearly been paid to Hunter Biden for access to his father when he was operating as Vice President of the United States. Biden did not have a viable explanation and the way Trump presented it, clearly finished off Biden with surgical precision.
The most laughable and absurd premise of the whole Biden presentation was at the end, when he clearly stated, “The Character of the Country is on the ballot.” Folks, Joe Biden has absolutely no character and never has had any character. His dishonesty and lies have no bounds. He is an intrinsically evil man who has ripped off his country through his international corruption, his influence peddling, and his money laundering operations that are easily proven, especially now since one of Hunter Biden’s partners is now speaking out and presenting further evidence that links Joe Biden to this outrageous illegal activity.
Folks, Donald Trump no doubt is a rough, sometimes crude, basic speaker, a New Yorker who was a brutal and ruthless business man, however as to character, Trump is loaded with it. He works for free, he cares about the American people, unlike Biden who is an empty suit — void of character completely.
Trump clearly won the debate and if there is any justice and future for America, he will win the election on November 3rd.
Folks, YES “CHARACTER IS ON THE BALLOT!” Trump has plenty—Biden has none!
As always, your views are appreciated, please let me know what you think?
Sincerely Yours,
JUDSON Bennett
[avatar user=”Judson Bennett” size=”thumbnail” /]Dear Friends,
Does Governor John Carney think Delaware’s voters will believe his response to recent allegations of a corrupt land deal that occurred under his watch? Delaware purchased the land 10 years ago with taxpayer money, as a protective investment, for $2.6 million. The same land was recently purchased in a sweetheart, insider deal, for $275,000 by a company controlled by the brother of a sitting State Senator — whose family is closely connected to Carney, Coons, and Joe Biden. The land was never put up for public bidding, and to make matters worse the land was almost immediately put up for sale by the new owners for $6.5 million! The investors stand to make a cool profit when the land is sold at $6,225,000!
This, in my view, is political corruption, folks. A governor who sends a cease and desist order to radio and TV stations airing negative ads against his campaign?! It is time to rid Delaware of John Carney, whose dictatorial lockdowns have decimated Delaware’s business community. It is clear that Delaware citizens should elect Julie Murray as our new Governor. She is smart, creative, honest, and realistic. Please read the WBOC story below. Let me know what you think about the job John Carney is doing and if you think he should be re-elected? Murray will bring back prudent, business-friendly government for the people, not for the personal buddies of Carney, Coons, and Biden.
Respectfully Submitted,
JUDSON
DELAWARE– Delaware Governor John Carney responds to critics who say a land deal was really a political favor for a friend.
The deal involves eleven acres near the Delaware Turf Club in Kent County. Critics claim the land was sold in 2008 for $2.7 million. They say the state then sold it to John Paradee in 2018 for $275,000, pennies on the dollar. It was listed for sale two weeks after that for $6.5 million.
Carney addressed the allegations during Tuesday’s COVID briefing.
“As governor, I don’t involve myself in those kinds of transactions,” Carney said. “In fact, the first time I heard of these set of transactions as part of the political ad was in the political ad. I contacted the department of transportation to make sure that the process legal requirements were followed as they were.”
We spoke with Carney’s Republican opponent Julianne Murray who says the land deal is “indicative of a career politician and should have an effect on taxpayers.”
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” /]OPINION
Dear Friends,
Election Day cannot come soon enough, folks. It’s time to dump John Carney and vote in a more-than-capable Republican! There is so much “Delaware Way”, piss-poor-politics by Delaware’s Governor Carney and his administration, it makes me angry. Rather than addressing legitimate concerns, he’s telling TV stations to stop running ads critical of his policies. This, folks, shows Carney’s lack of confidence, indicating to me, he is in real political trouble!
Additionally, Carney and the Board of Pardons, which includes Chancellor Andre Bouchard, pardoned a man who was involved in Michigan’s Governor kidnapping plot. Frankly, Carney’s poor handling and tackling of the Covid-19 virus, and his dictatorial actions, which have decimated Delaware’s business community, should deny Carney’s reelection and have certainly given Republican candidate Julie Murray an opening. Indeed she is very qualified, extremely intelligent, and would be a perfect Governor for these difficult times!
See the latest from Citizens for Transparency and Inclusion on exactly what is wrong with the “Delaware Way” and why Julie Murray needs to be anointed our new leader on Election Day! Please let me know your thoughts!
Refusing to cower to Governor Carney’s attempt at intimidation, CTI — which has already spent $900,000 on TV, radio, and digital ads, in addition to mail to Delaware voters — plans to spend another $370,000 through Election Day
October 20, 2020
WILMINGTON, Del.–(BUSINESS WIRE)–Today, after several local TV stations received a “cease-and-desist” letter from Governor Carney’s Counsel, Neil Reiff, claiming that Citizens for Transparency and Inclusion’s (CTI) most recent ad was “riddled with falsehoods and inaccuracies,” CTI Spokesman Chris Coffey released the following statement:
“Once again, Governor Carney has refused to engage with the substance of our criticisms, opting to smear our Committee with inaccurate claims rather than explain why he cleared the record of a white supremacist like Barry Gordon Croft Jr. while refusing to pardon or commute the sentences of other incarcerated Delawareans, over 60% of whom are people of color, who have been left exposed to massive COVID-19 outbreaks in Delaware’s prisons.”
“It’s no secret that from the beginning of the pandemic, Governor Carney has failed to adequately protect the vulnerable inmate population from COVID-19. That’s why 67 inmates under his care have filed a $400 million lawsuit against Carney and the Delaware Department of Correction for their mishandling of the pandemic.”
“But that failure is compounded by the fact that in 2019, Carney approved the recommendation of his all-white Board of Pardons to forgive a white supremacist like Barry Croft, who has now been charged with conspiring to kidnap Michigan Governor Gretchen Whitmer. His pardon is a slap in the face to the families and friends of the dozen Delaware inmates who have died of COVID-19 and the hundreds of others who have been sickened.”
“Governor Carney’s Counsel falsely claims that our ad ‘has only one purpose: It is intended solely to embarrass the Governor only days before the 2020 general election and not create a public dialogue about the incarceration of African American prisoners.’”
“While we agree it is embarrassing that Governor Carney cleared the record of a white supremacist like Croft while refusing to shorten the sentences of Black inmates in the middle of a pandemic, it’s also clear that our ad is producing exactly the kind of dialogue around the incarceration of Black Delawareans that he is terrified to engage in.”
“We refuse to be intimidated. In fact, this latest episode just reinforces our belief that now is the time to reject John Carney and the ‘Delaware Way’ that has failed to deliver for everyday Delawareans. We will continue to air this advertisement until Governor Carney addresses the substance of our concerns, rather than just attacking our Committee.”OPINION
Dear friends,
I’m not a big fan of Rev. Al Sharpton, but take a look at this opinion piece in today’s USAToday. In it, he highlights two huge Delaware issues. First, law firm Skadden Arps, which has its claws in our Chancery Court Chancellor Andre Bouchard. Sharpton points out that Skadden is a “majority-white” firm giving holidays instead of creating diversity opportunities at the firm. As I see it folks, they’ve proven to be a lot of talk, with no action in Delaware, while cashing in millions from our courts and giving nothing back in return. Delaware Governor John Carney and the non-diverse Board of Pardons, which includes Bouchard, pardoned a man who was involved in Michigan’s Governor kidnapping plot, likely based on race.
Read the USAToday piece below and let me know what you think, folks!
Sincerely Yours,
Judson Bennett
CoastalNetwork.com
It’s not just the Supreme Court. The entire legal system has a crippling diversity problem.To rebuild our justice system more equitably, we must look beyond the Supreme Court and look to where legal talent is grown, educated, and trained.
Al Sharpton, Opinion contributor
Oct. 20, 2020
As Judge Amy Coney Barrett’s confirmation to the Supreme Court appears all but certain, it is more urgent than ever that we recognize the underlying issues plaguing our nation’s justice system are inextricably tied to the staggering lack of equitable racial representation within America’s legal and judicial institutions.
From law schools to elite “white shoe” firms, from courthouses to parole boards, the cornerstones of our justice system are disproportionately white, and therefore not representative of the American people. To that end, to truly rectify the injustices of centuries past, we must begin by addressing the persistent inequities in representation at every level of the legal field.
If confirmed, Judge Barrett will be the court’s seventh white justice, leaving just one Black and one Hispanic jurist on the same court that upheld “separate but equal” treatment of Americans based on race until the 1950s. In the past few decades, the Supreme Court has also made decisions granting law enforcement qualified immunity from prosecution, eroding education funding for schools in low-income neighborhoods, and eviscerating the Voting Rights Act — all of which are critical legal doctrines that disproportionately impact the lives of American minorities for the worse.
But the Supreme Court is just the tip of the iceberg.
From law schools to court rooms
According to an analysis by the Center for American Progress, as of August 2019, 80% of federal judges were white, while just 10% were Black and 6.6% Hispanic. Moreover, as of 2015, nearly 83% of all federal law clerks were white — an extension of the fact that most law schools are also severely lacking in racial diversity. And despite efforts at many of those top universities to admit more law students of color, in 2019, only 12.7% of law students were Hispanic and just 7.8% were Black.
Additionally, equity partners at many law firms are also predominantly white, with fewer than 8% being people of color nationally, according to a 2019 report by National Association for Law Placement, Inc. Instead of declaring holidays such as Juneteenth as paid days-off for their majority white attorney groups, firms like Skadden Arps — who led the charge on that front — would do well to create meaningful opportunities for Black and Hispanic lawyers so they can enter the pipeline for prestigious clerking jobs and judgeships.
The results of this state of affairs should shock no one. Without ever being given the opportunity to rise through the ranks of the legal field, communities of color have effectively been denied representation in our nation’s judiciary, and the consequences have been dire.
According to the NAACP, 1-in-3 Black boys born today can expect to be sentenced to prison, compared to 1-in-6 Latino boys and just 1-in-17 white boys. In fact, if Black and Hispanic Americans were incarcerated at the same rates as whites, our country’s prison population would decline by almost 40%.
Inequality in practice
Meanwhile, glaring evidence of the benefits of being white in such a monochromatic justice system can be seen all over. One notable case came just weeks ago when the country learned of a shocking conspiracy to kidnap Michigan’s Gov. Gretchen Whitmer, allegedly planned by anti-government extremists, several of whom had criminal pasts.
Stacey Abrams: Beat Trump and rewrite democracy rules to build an America that serves its people
One of the accused, Barry Croft Jr., had just been pardoned in 2019 by Gov. John Carney of Delaware — a state where Black people make up 60% of the prison population, but just 15% of all judges on the state’s supreme, superior, and chancery courts, and not one person of color on the Board of Pardons. That Croft walked free is hardly surprising when you consider white adults are about three-and-a-half times less likely than Black adults to be released into supervised probation.
Combined, these data points are a scathing indictment of America’s justice system, and no court, university, law firm or other legal entity is immune from the charge.
Lacking representation is a foundational flaw that exists in every pillar of our nation’s legal structures — a flaw so deep that it has sown seeds of distrust in minority communities for decades. As a result of the unending body of evidence that people of color receive unequal treatment under the law, 87% of Black Americans believe they are treated less fairly than their white neighbors.
But for our nation’s judicial institutions to be legitimate, the public needs to trust them, and for that trust to exist, those institutions must reflect America’s diversity.
As we work to rebuild our justice system more equitably, we must break down the barriers that have disenfranchised people of color from leading within it. We must look beyond the Supreme Court and look to where legal talent is grown.
Al Sharpton is a civil rights activist, founder of the National Action Network, and host of MSNBC’s PoliticsNation. Follow him on Twitter: @TheRevAlOPINION
Dear Friends,
I never dreamed I would be able to write this article now with such confidence. Indeed, this investigative reporter has known about the Biden corruption for many years. I am not part of the fake news, nor the biased media, nor the big tech cover-ups that are misrepresenting the truth all over America. I am from Delaware and I know who Joe Biden really is.
I am now 100% convinced, having done exhaustive research on Delaware’s former Senator and former U.S. Vice President, now the Democrat candidate for the highest office in the land, that Joe Biden is at the very best, the most unethical politician in United States history and at the worst guilty of selling access to his office and granting favors to foreign officials—actually influence peddling for profit to benefit his family and himself—which is a serious crime. To make things worse, it appears the FBI had access to all of this corrupt information and has done absolutely nothing about it.
Hunter Biden, son of Joseph Biden (Candidate for President of the United States), has been able, with his father’s help, to glean millions and millions of dollars for the benefit of the entire Biden family. The evidence so far is extremely clear and indeed has the appearance of serious crimes and misdemeanors, perhaps even treason. Here is what we do know: 1) Hunter Biden dropped his laptop off at a computer shop in Wilmington. 2) He signed an agreement (they got his signature) that if he didn’t pick up the computer in 90 days, he lost the computer. He never picked it up and forfeited ownership. 3) His lawyer requested the computer be returned in writing. So there is no doubt, the computer did belong to Hunter Biden. 4) the computer tech found the 40,000 emails so incriminating and so explicit that anybody with any reasonable logic would have to conclude there is distinct evidence of corruption and criminal activity. He handed the hard-drive over to the FBI and also to Rudy Giuliani. Thank God he did-as The NY Post was able to get a copy. 5) It has been verified that many of the emails were sent and received. 6) There is possible evidence of sex trafficking, suspected child porn, and drug use-including explicit photos.
One of the incriminating quotes, which I have copied, just as it was right from the computer with a typo or two—direct from the New York Post, is from Hunter Biden to his daughter:
“I love all of you. But I don’t receive any respect and that’s fine I guess—works for you apparently. I hope you all can do what I did and pay for everything in this family. For 30 years, It’s really hard. But don’t worry, unlike Pop I won’t make you give me half of your salary.”
This is just one of many, some even break down the corrupt distributions, indicating $10 million kicked back to Joe Biden.
Folks, whether you are a Republican, a Democrat, or an Independent, when you take into consideration the apparent corruption that is now the “Biden Crime Family”, the despicable defaming of Curtis Dunn (falsely accused by Biden of being drunk when Nelia Biden killed herself and her infant daughter by running a stop sign in 1972 and broad-siding a truck) when you consider the betrayal of his friend Bill Stevenson, the phony story he and Jill perpetrated about their seedy affair, and the revenge he brought on Stevenson later, and the despicable unmasking of General Mike Flynn by Joe Biden, should in its entirety, disqualify him from being President of the United States. Nobody with any integrity should vote for him.
Stay tuned, this is just the beginning!
I believe Joe Biden is a crook and he must be exposed. I am willing to debate these issues with anybody with the evidence I have. As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
CoastalNetwork.com
OPINION
Dear friends,
Please look at this story below from 2008. Does it sound familiar?! Skadden Arps seems to be grotesquely over-charging, just like they did in the TransPerfect case in Delaware, charging what amounted to millions of dollars in possible unjustified and undocumented fees, due to an apparent, cronyistic relationship.
Because of this law firm, the Delaware Chancery Court under Chancellor Andre Bouchard, and former Supreme Court Justice Leo Strine, who had his back, TrasnsPerfect has gone through hell. And, as I have mentioned in the past, Bouchard and Strine both worked together at Skadden Arps.
Redacted bills, no itemization of bills, lack of transparency all occurred in this old case in 2008. A dozen years later and the same suspicious behavior is, according to my sources, still going on from Skadden Arps in Delaware, as TransPerfect continues to deal with what is known as “The Delaware Way”– a wink and a nod and everybody gets rich from the Delaware Court of “Inequity” if you know the right people.
A friend passed this story along. Please read it and let me know what you think.
Respectfully Yours,
Judson Bennett-Coastal Network
New Jersey’s Gov. Corzine Mired in Secret Skadden Arps Contract Scandal
By W.Murray
PolitickerNJ.com
March 3, 2008
O’SCANLON, CASAGRANDE: GOVERNOR MUST EXPLAIN $548 PER HOUR LEGAL CONTRACT GIVEN TO SKADDEN ARPS
$4 MILLION AND CLIMBING FOR LEGAL WORK ON FAILED ROAD TAX PLAN
Senator Jennifer Beck and her Assembly colleagues Declan J. O’Scanlon and Caroline Casagrande, (R-12), called on Governor Corzine to explain the selection of Skadden, Arps, Slate, Meagher & Flom, one of the largest law firms in the world as lead counsel for his failed toll hike and borrowing scheme. As of four months ago, Skadden had billed the State more than $4 million, but Skadden has not yet billed the State for work over the past four months. No work product has been shared with the public and bills were redacted so it is not even clear what Skadden did for the money it was paid.
“Governor Corzine owes the people of this state a full accounting of this outrageous contract awarded in secrecy under a waiver from advertising for competition. This is yet one more sorry example of the Governor failing to disclose what he is doing with the public’s money, ” said Senator Beck.
* Under what authority was the contract offered considering the current budget providing a blank check for vendor services did not become law until five months after the contract was signed?
* Why was a $548 per hour contract agreed to which appears to be the most expensive hourly rate the State has ever agreed to pay?
* Why were there days when more than 30 lawyers at Skadden were all working on the matter and all billing $548 per hour for their work, with daily billings exceeding $75, 000.
“This Governor has promised transparency and it is time he lived up to it, ” commented O’Scanlon.
“This $548 per hour contract was awarded with special exceptions to advertising requirements, thereby limiting competition. I’m certain there were other firms capable of doing this work for less than $548 per hour, ” concluded Casagrande.
I watched and reviewed both Town Hall Meetings last night, one in its entirety with President Trump, on NBC of all places, with Savannah Guthrie as the supposed moderator and Democrat candidate Joe Biden on ABC with George Stephanopoulos Folks, even though I am a partisan Republican who has done extensive opposition research on Joe Biden, I did my absolute best to remain objective throughout both observations.
Let me address the Biden performance first: It was nothing but “milk toast”, “vanilla”, obtuse, and softball stuff that Stephanopoulos gave Biden! No real tough questions, like “explain your influence-peddling in Ukraine, China, and Russia for the benefit of your family members-especially son Hunter,” which everybody is talking about? Biden stuttered and stammered through it, and it was boring. As usual, Biden was given a pass and as expected, the concerning corruption was not addressed! That is all I have to say about that.
Folks, as to the NBC Town Hall, held in Miami, the words that come to mind are Blockbuster, Grace Under Pressure, and well-prepared. Donald Trump, in the face of one of the most outrageous, unprofessional, TV moderations I have ever seen by Savannah Guthrie was truly spectacular. No doubt, Donald Trump is back big time. The event was supposed to be a Town Hall meeting, however, it became a caustic debate between the malicious NBC moderator, Savannah Guthrie, and President Donald Trump. The bias and obvious attempts at innumerable “Gotcha” questions, indicated right up front, what the intent of NBC and Savannah Guthrie clearly was about. Donald Trump was specific, firm, and resolute, and made Guthrie look exactly like what she is, a mean-spirited, liberal hack that does not know how to do her job fairly and properly. How many times does Donald Trump have to say he is opposed to “White Supremacy”, how many times do left-wing journalists like Guthrie ignore Democrat-funded organizations like “Antifa”?
Trump made Guthrie choke on her words and her obvious frustration at being totally outgunned by the “Donald” was spectacular. In my view, Savannah Guthrie hurt her career and President Trump helped himself toward a victory in November. President Trump has had everything in the political book thrown at him by the left beyond anything imaginable. Last night he rocked!
As always, your comments are welcome and appreciated.
Respectfully yours,
JUDSONOPINION
Dear friends,
Today could be a veritable day of transparency in the state of Delaware, where the incessant corruption within the Governor’s office and the Democrat-controlled State Senate is exposed. I maintain that Chancellor Andre Bouchard is the head of the snake that must be cut off. Some disagree with me. You make the call!
It’s time to end this corruption, cronyism, and backstabbing. Corrupt Delaware Way politics under Carney means he should not be re-elected. Vote for Julianne Murray for Governor. She is honest and smart! She will end Delaware Way corruption.
Scroll down to read Delaware’s WGMD News story and below that, the DelawareLandScam.com story. I laud activist Sam Chick for his dedicated investigation in exposing this. As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
By
WGMD News
–
October 12, 2020
1097
A Delawarean claims a citizen-led investigation implicates the Carney administration for selling state land for pennies on the dollar to a political insider, but DelDOT also provided additional insight into the issue that’s also at the center of a PAC advertising campaign.
Monday, Sam Chick released a detailed account on www.delawarelandscam.com surrounding the transactions that date back to 2008. The land in question is 11 acres along Route 1 in Frederica.
Chick’s account states that the State of Delaware bought the property for $2.78 million and sold it in late 2018 for $275,000 to John Paradee. Two weeks later, according to Chick’s analysis, the 11-acre site and ten adjacent acres were listed for sale for $6.5 million.
John Paradee’s brother, State Senator Trey Paradee, last year introduced legislation that would have directed proceeds from a Kent County lodging tax toward the DE Turf sports complex project. John Paradee was on DE Turf’s board, and the complex is across Route 1 from the land in question.
Chick called John Paradee a major supporter and fundraiser of Governor John Carney and presidential candidate Joe Biden.
“I had a hunch someone was being enriched, so I began to dig, researching, initiating title searches into suspect properties, filing a FOIA request on December 10th, 2019 which still has not been completely fulfilled,” Chick said. In calling for a state investigation, Chick added “the abuse of the public trust for private gain is a serious problem in the State of Delaware. Corruption must be exposed and dealt with.”
In response to an inquiry, DelDOT Secretary Jennifer Cohan (who was appointed to that position in January 2015) said the parcels were acquired through the Advanced Acquisition Committee in September 2007 for the Corridor Capacity Program and the South Frederica Interchange project in order to preclude future development. An independent appraisal determined that the land was worth $2.78-million.
“By law the department has to pay for the highest and best use of the properties it acquires,” Cohan stated. “Deldot was approached about selling these two parcels in the summer of 2018 for an economic development project by the adjoining property owner. DelDOT no longer had a need for these parcels as the South Frederica Interchange Project was complete.”
Also, because the parcels were landlocked without a viable public access point, the parcels were appraised significantly lower in 2018 at between $379,000 and $442,000, according to Cohan. “The interested party initially offered nothing for the property and begrudgingly $100,000. In October 2018, the sale price of $275,000 was agreed to by both parties.”
Cohan said DelDOT recognized that the land could be part of a project that could create jobs and put the property back on the Kent County property tax rolls. DelDOT had maintained that there would be no access to Route 1 from those parcels, and now the current owners are filing suit to get that access, according to Cohan.
Citizens for Transparency and Inclusion recently began an ad campaign that also mentions the land deal.
Secretary Cohan’s complete reply to WGMD’s Mike Bradley follows:
“The acquisition of these parcels was approved through the Advanced Acquisition Committee on September 4, 2007. As I am sure you an imagine we are very heavily regulated in this area on both a federal and state level. The reason for this acquisition was in connection with our Corridor Capacity Program and the South Frederica Interchange project. Basically, we denied a proposed development request as we did not want additional access points to Route 1 from this parcel and knowing that we would likely need some of this property for the future project, DelDOT purchased the parcels to prevent that development from happening. An independent appraisal determined the value for both parcels to be $2.78 million, and DelDOT finalized the purchase in October 2008. By law the department has to pay for the highest and best use of the properties it acquires.”
“DelDOT was approached about selling these two parcels in the summer of 2018 for an economic development project by the adjoining property owner. DelDOT no longer had need for these parcels as the South Frederica Interchange project was complete. The project went through DelDOT’s regulatory process for selling excess land. As these parcels were landlocked, meaning there was no viable public access point, the parcels appraised for a significantly lower amount in September 2018 for between $379,000 and $442,000. The interested party initially offered nothing for the property, and begrudgingly, $100,000. In October 2018, the sale price of $275,000 was agreed to by both parties. This allowed DelDOT to no longer be responsible for this property and also hopefully see it become part of an economic development project in Kent County that will create jobs and go back on the Kent County property tax rolls. The only “expediting” we can do on things like this is administratively, ( basically putting them at the front of the line for processing) and we routinely do that for economic development projects across the state.”
“DelDOT has maintained that there will be no access to Route 1 from these parcels, and the irony here is that the property owners, the same who bought it from DelDOT, have now filed a lawsuit against us over this very issue. If there is a story that should be it! Bought the property at a reduced rate because there will never be access allowed to Route 1 and now sue the department to get said access…”
https://www.delawarelandscam.com/
State Land Sold For Pennies To Political Insider By Carney Administration
11 acres of land bought by the State of Delaware in October 2008 (in the midst of the last economic crash) for $2.78 million were sold by the Carney administration on New Year’s Eve 2018 for $275,000, less than ten cents on the dollar of the purchase price, without public notice or auction to a well-connected political insider, John Paradee.
6 months later a tax subsidy was introduced & passed by Paradee’s state senator brother, Trey Paradee, which would have greatly benefitted the property’s value. Two weeks later those 11 acres plus 10 adjacent acres were listed for sale for $6,500,000.
Despite previous media attention to related scandals concerning this property, key facts about this transaction, including the facts that it was purchased from the State of Delaware, how much it sold for, and how much it was originally purchased for, were not uncovered or reported on prior to this investigation.
Paradee is a major supporter and fundraiser for both Governor John Carney and Joe Biden and is often pictured with both. Besides his legislator brother, his sister Jackie Mette Paradee is Governor Carney’s staff legal counsel and also served as his 2016 campaign fundraising director.
This year-in-the-making investigation was conducted by Delaware citizen watchdog Sam Chick, who first became suspicious when the 2019 tax subsidy was introduced. “I had a hunch someone was being enriched, so I began to dig: researching, initiating title searches into suspect properties, filing a FOIA request on December 10th, 2019 which still has not been completely fulfilled.”
“What was revealed was a political insider receiving state land for pennies on the dollar and special treatment through a secretive and abnormal sale process.” Chick continued.
Chick calls for a government investigation: “The abuse of the public trust for private gain is a serious problem in the state of Delaware. Corruption must be exposed and dealt with. The people of Delaware deserve accountability from our government; we need a full investigation into this rotten deal.”
For more information, go to www.DelawareLandScam.com. The site features a detailed catalog of events, evidence and sources, and a public download of investigatory documents.
Inquiries / Request for interviews:
Contact: Sam Chick
Email: [email protected]
Text/Call: 302-222-2577
Citizen-led investigation exposes the Carney administration for selling state land for pennies on the dollar to a political insider in a secret sweetheart deal.
For full details go to www.DelawareLandScam.com
(Photo: Sam Chick, credit Claire Sibley Photography)
Friends:
I’m spitting mad today, folks. Delaware Democrat Governor John Carney and Chancery Court Chancellor Andre Bouchard teamed up to pardon a White Supremacist a year ago, who was arrested this week for the plot to kidnap Michigan Governor Gretchen Whitmer. Such a thoughtless, horrible decision by Carney and Bouchard, who is on the Board of Pardons, which voted for the pardon, to absolve this would-be terrorist in April 2019. Read the Delaware Online story below for all of the terrible details of this awful decision.
I can’t help but notice the cruel irony of these Limousine Latte Liberals, who let 3-strikes Black people rot in jail for over 20 years for marijuana use — go after the President on race — yet pardon a White Supremacist with impunity.
Delaware needs to oust Governor Carney on November 3, for Republican candidate Julianne Murray—and regardless of who wins the governor’s race—the most important thing we can do for our economy and for Delaware’s future is to oust the most corrupt Chancellor in our state’s history: Andy Bouchard. Please send me your feedback folks and make your voice heard—today and in November.
Gretchen Whitmer kidnap plot.
SCROLL DOWN TO READ THE AMAZING AND DISTURBING STORY:
Delaware man charged in Michigan governor kidnap plot was pardoned by Carney last year
Esteban Parra, Xerxes Wilson
Delaware News Journal
Oct. 9, 2020
Barry Gordon Croft Jr., the 44-year-old Bear man charged in a plot to kidnap the Michigan governor Thursday, was pardoned by Delaware Gov. John Carney last year, according to documents obtained by Delaware Online/The News Journal.
The charges for which Croft received a pardon include possession of a firearm during the commission of a felony, assault and burglary, according to court records. Carney, a Democrat, signed the pardon in April 2019 after the Delaware Board of Pardons recommended approval.
On Friday, Carney confirmed he pardoned Croft for a series of criminal charges that occurred in the mid-1990s.
In a written statement issued through a spokesman, Carney called Croft’s federal charges “disturbing” and said everyone involved with the kidnapping plot should be “prosecuted to the fullest extent of the law.”
“This is also another warning sign about the growing threat of violence and radicalization in our politics,” Carney said.
Lt. Gov. Bethany Hall-Long, a Democrat who chairs the Board of Pardons, said in a written statement that the board considers several factors when determining whether to recommend a pardon to the governor, “such as the position of the Department of Justice, the nature of the incident(s), the time lapsed from the last conviction, and the impact on employment and housing.”
“All of those factors were considered with this recommendation,” she said.
Croft remains in federal custody in Delaware after making an initial appearance Thursday in district court.
Seven members of the Wolverine Watchmen group were charged Thursday in Michigan state court with threat of terrorism for allegedly planning and training for an attack on the Capitol and to kidnap Whitmer. Six others were charged in U.S. District Court with federal conspiracy to commit kidnapping.
A sworn affidavit from an FBI agent indicates that Croft was among a group of people “discussing the violent overthrow of certain government and law enforcement components” early this year.
Croft and another man, Adam Fox of Michigan, “agreed to unite others in their cause and take violent action against multiple state governments that they believe are violating the U.S. Constitution,” according to the affidavit.
Members of the group bought weapons, conducted surveillance exercises and held planning meetings in Ohio and Michigan, the criminal complaint says. Their plans were foiled in part because the FBI infiltrated the group with informants. The group planned to kidnap Whitmer and put her on trial for treason, court records state.
Details of the process that led to Croft’s pardon were not immediately available. Records detailing the exact nature of his crimes were also not immediately available.
Court records indicate Croft was arrested multiple times from 1994 to 1996. During that period, he pleaded guilty to several charges including third-degree burglary, attempted theft, receiving stolen property, third-degree conspiracy and third-degree assault, according to court dockets.
In 1997, he was charged with reckless endangering and possession of a firearm during the commission of a felony. He pleaded guilty to only the firearm charge in that case.
That year, he did his longest sentence in Delaware prison: serving from December 1997 to November 2000.
Department of Correction records indicate he had several shorter stints in Delaware prisons and in community supervision.
Croft applied to the Board of Pardons on Dec. 13, 2018. An official with the Board of Pardons said there are no minutes of the hearing. A document states Croft sought the pardon “for employment purposes.”
The five-member board recommended Croft be pardoned with no objection from the Delaware Attorney General’s Office.
Mat Marshall, a spokesman for Attorney General Kathy Jennings, a Democrat, said her predecessor, Matt Denn, also a Democrat, did not oppose Croft’s pardon because his criminal record was more than two decades old.
“It appeared to everyone involved that his offenses were in his past and that he had gotten himself on the right track,” Marshall said in a written statement.
He said neither state prosecutors nor the Board of Pardons would have endorsed Croft’s pardon had they known “what the future held.”
“Croft’s actions are horrific and another reminder about the rising tide of political violence by so-called ‘militias,’ the boogaloo boys, the Proud Boys, and other extremist groups,” Marshall said.
Public records indicate Croft lived in different parts of Delaware – most recently, in a subdivision in Bear. They also indicate he owned a trucking company.
On social media pages that match his mugshot and identifying details found in court documents, Croft tweeted praise for President Donald Trump and disdain for current immigration policy.
Across multiple social media sites, Croft wears a tricorn hat. One meme posted to his Twitter page features a photograph of 18th-century armed men with the text: “Armed Citizens: The Original Homeland Security Since 1776.”
Another tweet states that “every government official is responsible for the invasion of America by an estimated 35 million illegal foreign people. Enjoy your memorial day weekend.”Dear friends,
Reading the Delaware Business Now story below about the TransPerfect founders setting all of their legal disputes, It has me thinking, folks… imagine if Chancellor Andre Bouchard didn’t use the company’s Chancery Court case as an opportunity to enrich his friends at Skadden Arps, but just let the parties settle, as they just did! Hundreds of millions would have been saved by both sides and the crazy cash loot influx that went to Bouchard’s pals at Skadden and through the Delaware Chancery Court… all of that never needed to happen? Was this all engineered somehow by Bouchard with former Delaware Supreme Court Justice Leo Strine having his back?
Read the story below, folks. Would love to know if you’re thinking what I’m thinking?!
Respectfully Yours,
JUDSON Bennett, Coastal Network
https://delawarebusinessnow.com/2020/10/transperfect-owner-shawe-settles-legal-disputes-with-elting/
Phil Shawe re Incorporating in Nevada
TransPerfect owner Shawe settles legal disputes with former co-owner Elting
By Delaware Business Now – October 6, 2020
Philip R. Shawe and Elizabeth Elting have settled out of court on long-running issues related to the sale of TransPerfect, a letter from Shawe’s attorney to Delaware Chancery Court stated.
The one-time couple owned a 50-50 share of the New York City-based translation services company, with the case over control ending up in Chancery Court.
While prevailing in the Chancery case, with Elting selling her share, Shawe has remained critical of Chancery Court and a decision to appoint a custodian Robert Pincus during the selling process.
The battle, by some accounts, added up to a quarter of a billion dollars in costs.
The settlement provides for the transfer of Elting’s 50 percent ownership interest in Wordfast, LLC, a company with technology used by TransPerfect as well as real estate holdings in New York and California.
In a letter to Chancellor Andre Bouchard, Shawe’s lawyer said the TransPerfect owner is “similarly dedicated to finding extra-judicial resolution of the remaining disputes in this case.”
The letter expressed hope for a settlement related to billing by Pincus and Skadden Arps. Shawe has claimed billing related to Pincus’ work lacks a detailed listing of services.
A group known as Citizens for a Pro-Business Delaware through an affiliated Political Action Committee, claims in a TV campaign that Gov. John Carney has fallen short on issues related to the Black community in the state and corrections system. Critics of Citizens claim Shawe is funding the group.
Carney is running for a second term.Dear friends,
The Vice Presidential Debate between Vice President Mike Pence and Senator Kamala Harris turned out exactly as I expected. VP Pence was serious, focused, and well-prepared. He made his points with accuracy and determination. No doubt he won the debate. Kamala Harris on the other hand won the most obnoxious award. The whole time Pence spoke, Harris rolled her eyes, shook her head, and smirked. When you were a kid did you ever have a parent say, “Wipe that smirk off your face, or I will wipe it off for you!” That is the emotional reaction I felt the whole time.
Regardless, Harris attacked Pence and Trump for the handling of the Coronavirus Pandemic, especially on the way President Trump spoke to the American people about it. Trump has a problem with the tone, not substance. Ironically, everything Harris suggested, the Trump administration has already done, quite effectively. Harris showed her true colors in regard to the “Green New Deal”. Under her leadership, she would use debatable science to instill huge socialistic programs. Folks here is an example, the devastating forest fires in California according to Harris are a result of climate change, when in reality they are the result of poor forestation activities. In Europe, they clear away much of the underbrush and deadwood, which is extremely dry and flammable. Rarely do they have forest fires because they operate with prudence and planning. Harris says she would end the tax cuts and only people who make over $400K per year would have an increase. The average saving for the middle class was $2.000 under Trump’s plan, Harris would eliminate it. It would then mean a $2.000 tax increase for the average working American.
Pence reiterated the financial successes that Trump created before the devastating Pandemic, denounced the socialistic programs of Biden and Harris, and promised an eventual end to the Pandemic. I have no interest in going through the debate point by point. Objectively, the debate will have no consequence, Pence won in substance and Harris won in hype and inaccuracies.
The sideshow was the large black fly that crawled around on VP Pence’s silver hair during the debate. I kept thinking of the biblical “Revelations” and certain satanic indications, not seriously, but the severe evil, in my view, of the Biden/Harris campaign and the possibility of the end of America seemed to embolden that grotesque black fly which I was pleased to see finally depart from Pence’s head.
The Trump campaign is up against it and America has been subjected to the greatest lies and media falsehoods in United States history. The COVID-19 pandemic is the extreme wildcard that has changed things. It came from China and perhaps from hell. Indeed, folks, I am deeply concerned, because so many people have no clue how bad it could get if Biden and Harris win this election. I pray for our deliverance. So be it.
As always, your comments are welcome and appreciated.
OPINION
Dear friends,
A Delaware prison group is suing America’s First State for $400 million, saying that if Governor John Carney and other state officials had allowed face masks to be provided, and proper precautions taken, the deaths of 12 inmates and many more Coronavirus illnesses would likely have been prevented. Delaware officials should have taken action to prevent the spread of COVID-19 in our prisons.
The Citizens for a Pro-Business Delaware group, which is made up of many TransPerfect employees, offered masks for every single inmate, which could have saved those lives. I don’t know about $400 million dollars, that’s a lot of money, but the Governor should be held accountable. I think he turned down these masks because of misguided support and solidarity for his crony Chancellor Andre Bouchard in his apparent swindling of all this money from those TransPerfect employees. It’s disgusting, it cost lives and it should not be tolerated!
Take a look below at the Law.com story for all the sordid details. Please share your feedback and let me know if you agree with me here, folks!
67 Men in Delaware Prison Demand $400M for Alleged Mishandling of Pandemic
Had state officials taken earlier efforts to quarantine inmates and provide them with face masks, the deaths of 12 inmates and 1 in 3 people at the Georgetown facility testing positive for the virus might have been avoided, plaintiffs said.
A group of 67 men incarcerated at the Sussex Correctional Institution have filed a federal class action suit, arguing Delaware officials should have taken more action to prevent the spread of COVID-19 in the state’s correctional facilities.
Had Gov. John Carney, Department of Corrections Commissioner Claire DeMatteis and Sussex Correctional Institution Warden Truman Mears taken earlier efforts to quarantine inmates and provide them with face masks, the deaths of 12 inmates and one in three people at the Georgetown facility testing positive for the virus might have been avoided, argue Dion D. Gibbs and the 66 other named plaintiffs, all of whom are representing themselves as of Thursday.
The class action suit requests $400 million in relief for what the complaint says constituted cruel and unusual punishment, violating the Eighth Amendment. Gibbs asserts Carney should have stepped in to put safeguards in place in Delaware’s correctional facilities and that not having face masks, social distancing protocols or other preventive measures caused both physical and emotional harm to all those incarcerated throughout the pandemic.
The complaint alleges that, on April 3, DeMatteis ordered that inmates at DOC facilities would not be permitted to wear face coverings and that Carney, knowing that, refused to provide face coverings or release enough incarcerated people to allow for social distancing as recommended by the CDC.
Gibbs wrote in the complaint that in late April, Chris Coffey of Citizens for a Pro-Business Delaware said Carney and DeMatteis had declined the organization’s offer of face masks and hand sanitizer for everyone incarcerated in Delaware’s correctional system.
Coffey said Thursday that Citizens for a Pro-Business Delaware was not involved in the case and he was previously unaware of the filing, but he confirmed that the state had initially accepted the organization’s offer for about 6,000 masks and later reversed course. He said Citizens for a Pro-Business Delaware has been in contact with people incarcerated in both the Sussex Correctional Institution and the James T. Vaughn Correctional Center about the state’s handling of the pandemic in those facilities.
According to the complaint, 128 of those housed in the James T. Vaughn Correctional Center tested positive for COVID-19 in May, seven of whom ultimately died. Inmates in that facility were subsequently allowed to wear face masks, and movement was monitored, but Gibbs alleged similar measures were not put in place at the Sussex Correctional Institution.
In June, the complaint stated, a man who was identified as being at high risk for COVID-19 and had had close contact with an infected person in Sussex County was brought to the Georgetown facility to await trial and reportedly tested positive for the virus at the end of that month. That man tested positive in the infirmary area, which is cleaned by inmate workers and used multiple times a day as a site for diabetic inmates, who are housed throughout the prison, to take insulin, Gibbs wrote.
Two days later, a 70-year-old man reportedly tested positive for COVID-19 in that same infirmary area. All 973 inmates were then tested, and one-third came back positive for COVID-19. Five of those who tested positive have since died, the complaint stated.
The class action is meant to include everyone incarcerated at the Sussex Correctional Institution.
Carney and DeMatteis did not immediately respond for comment on the case.
OPINION
Dear Friends,
Anybody can get the Covid-19 virus, as it is extremely contagious and it is airborne. President Donald Trump contracted the virus, likely from his important and trusted aid, Hope Hicks, with whom he was in constant close contact. Additionally, and a natural progression from close contact, his wife, Melania, has also become infected. Former New Jersey Governor Chris Christie, who was working with Trump to prepare for the first Presidential Debate, tested positive and put himself in the hospital.
Articulate and feisty Press Secretary, Kayleigh McEnany also tested positive. Folks, if you are young, most hardly they have it. When you are over 60, overweight, or have pre-existing conditions, such as diabetes, high blood pressure, a heart condition, and many other existing health issues, all things that often occur in folks as they get older, you are at great risk. Our very own President Donald Trump was no exception.
As it seems he’s recovering nicely, he was, in my opinion, lucky he was the U.S. President, as the treatment he received is the absolute best in the world. Folks, even while Trump was in the hospital, he never stopped working, using the presidential offices, which are available there. I believe Donald Trump has, without a doubt, in his innate optimism and determination, underestimated the Chinese virus, especially in regard to the wearing of masks.
Regardless, Trump cares about the American people, he works for free, and he will fight for us and our future prosperity. Nobody, in my view, can legitimately devalue Trump’s toughness and personal constitution. Indeed, if it had not been for this devastating virus, this election would not be close. Trump has survived the fake Mueller investigation, he survived treasonous betrayals from despicable internal workers, he survived impeachment, and he is going to survive the Coronavirus!
Folks, Trump on his worst day will be a better President than Joe Biden. Biden is a phony and the most corrupt politician in U.S. history. The Democrats think they have it won. No doubt, the Trump campaign is up against it! What else can go wrong? The temporary loss of Kayleigh is really a bad break. The whole administration could catch this horrible disease.
One thing I know for sure, if Biden gets the virus, I doubt if he would survive. He is nowhere close to being as tough as Donald Trump. What a mess and what an unbelievable situation this is!
Folks, if Trump wins we will have prosperity for many years to come. If Biden wins, you will eventually not recognize your country. God help us!
As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
Coastalnetwork.comOPINION
Dear friends,
Folks, in the famous TransPerfect case in our home state of Delaware, the two founders have settled all of their differences, according to a Law.com/Delaware Business Insider story put out Wednesday. Now it’s time for Andre Bouchard and his Chancery Court to sever all ties with the company. He’s still collecting money through his court-appointed Custodian Robert Pincus, YEARS after the case was settled and now that the founders have settled all disputes, there’s no reason for him to keep his hand out.
Hundreds of millions of dollars could have been saved, INSTEAD of hundreds of millions of dollars being spent on Bouchard’s buddies and former co-workers at law firm Skadden Arps. Summed up in the Law.com story (see the story below), even better than I could say it, by an attorney representing the company, “If Bouchard, instead of ordering the sale of the company, had done what the New York judge, Judge (Melvin Schweitzer) did, and just said, ‘Nope, neither one of you is entitled to this relief. Go solve your problem yourselves,’ there would have been hundreds of millions of dollars in fees saved.”
The depths of Bouchard’s corruption are apparent to me in how he abused his power in this case. I was all over Bouchard even before TransPerfect came along for him to start ringing the court’s cash register as he seemingly likes to! I’ve covered the Delaware Chancery Court and Chancellor Andre Bouchard from day 1 of his regime, because of injustices and poor planning by Bouchard at the Register of Wills office in Sussex County, which my friend Cindy Green had to endure as the elected Register of Wills under his arrogant authority.
Folks, this can’t go on or our state is doomed with this guy in charge of our vaunted Chancery Court. At least now it should stop for TransPerfect. The question is, will it? Or will Bouchard’s abuse of power continue?!
Scroll down for the Delaware Business Insider/Law.com story:
TransPerfect CEO Settles 6-Year Legal Battle With Co-Founder, His Lawyer Says
While the custodianship case between Philip R. Shawe and Elizabeth Elting has been sorted out through mediation, TransPerfect’s legal saga in Delaware isn’t over, as Shawe and TransPerfect continue to contest attorney fees charged by Skadden, Arps, Slate, Meagher & Flom as custodian in the case during the company’s 2015 sale for $770 million.
By Ellen Bardash | September 30, 2020
A dispute between the founders of TransPerfect Global Inc. has been resolved with a settlement agreement, ending a battle that began in the Delaware Court of Chancery nearly six years ago.
But while the custodianship case between Philip R. Shawe and Elizabeth Elting has been sorted out through mediation, TransPerfect’s legal saga in Delaware isn’t over. Shawe and TransPerfect continue to contest attorney fees charged by Skadden, Arps, Slate, Meagher & Flom as custodian in the case during the company’s 2015 sale. That sale was for $770 million, TransPerfect is also mid-discovery in a case in the Southern District of New York.
TransPerfect is also mid-discovery in a case in the Southern District of New York.
“We don’t think there’s anything left to the custodianship at all,” said Martin Russo, an attorney representing Shawe and TransPerfect, on Wednesday. “Of course, we have this very big hurdle, which is the Lionbridge H.I.G. case where we’re trying to remedy the damage that was done by the court-ordered custodianship; the disadvantages that TransPerfect has now based on having been forced to hand all this sensitive data and trade secrets to a competitor.”
A letter to Chancellor Andre Bouchard (https://drive.google.com/le/d/1kF-FAMjCS4Ln 8zSkahrWehaTodsoeNn/view?usp=sharing) written by Jeremy D. Eicher on Shawe’s behalf Wednesday indicated the settlement agreement frees Elting from any liability or financial responsibility in two multi-million dollar settlements which Shawe and TransPerfect entered into in December 2019.
“If Mr. Shawe’s good faith efforts produced an agreed Settlement with Ms. Elting, a feat this Court once deemed so impossible as to require the novel extraordinary remedy of a forced sale of an extremely profitable, privately-owned enterprise, a similar result must certainly be achievable with a Court-appointed Custodian bound to act in good faith,” Eicher wrote.
Attorneys with Skadden and with Potter Anderson & Corroon, which represented Elting in the case, did not immediately respond for comment Wednesday.
In exchange for the releases, according to that letter, Elting will not claim that Shawe and what is now TransPerfect Holdings LLC owe her more than $210,000 in legal fees—a claim she brought before the court previously and that Bouchard said would require another motion by Elting to continue. Elting’s ownership interest in two real estate properties—one in New York and the other in California—is also being transferred to Shawe.
Russo said he could not disclose dollar amounts Shawe is expected to pay Elting in the settlement.
The agreement, according to Russo and the letter to Bouchard, resolves a conflict involving WordFast, a separate company that created the code behind much of TransPerfect. Prior to the sale of TransPerfect, Russo said, WordFast was treated as though it were part of TransPerfect and was also for sale, with Skadden partner Robert Pincus, along with Elting, asking the court to rule that WordFast had granted TransPerfect a license to use its software royalty-free. As part of the settlement, Shawe is to purchase Elting’s 50% interest in WordFast.
Russo said the agreement is significant in that after years in the Court of Chancery, it was reached in mediation without court intervention.
“If Bouchard, instead of ordering the sale of the company, had done what the New York judge, Judge (Melvin) Schweitzer, did, and just said, ‘Nope, neither one of you is entitled to this relief. Go solve your problem yourselves,’ there would have been hundreds of millions of dollars in fees saved,” Russo said. Dear friends,
I am truly disappointed and disgusted by the Presidential Debate that was poorly moderated by Chris Wallace of Fox News. Interestingly, Donald Trump scored substantial and relevant hits on Joe Biden throughout, but the rude, overbearing interruptions that Trump perpetrated from the very beginning when Biden was talking, denigrated the effectiveness of his valid points. Then Biden, who was misrepresenting practically every issue, also started interrupting Trump when he was speaking.
Wallace, who definitely was giving Biden more time and not allowing Trump to answer, lost complete control of the whole situation. In my view, the event was a pathetic debacle that was nothing more than a vitriolic, shouting match and name-calling between the President of the United States and the former Vice President of the United States, run by an incompetent and biased Moderator in Chris Wallace. The whole event was embarrassing!
Frankly, if Trump had allowed Biden to speak uninterrupted, he would have been able to debunk him much more effectively. The President was able to make substantial points on the economy, and especially on law and order. I found it reprehensible how Wallace harped on White Supremacy groups, actually creating a false scenario for the benefit of the left, indicating that militias were the problem, rather than Antifa and BLM.
Wallace clearly showed his bias, however, Trump made an irrefutable point in showing Biden’s commitment against the police and his refusal to acknowledge Antifa as an organized anarchy group. Law & Order are not Biden’s priority, which Trump was clearly able to establish. Biden wouldn’t answer a question on stacking the Supreme Court and Trump kept interrupting but made a point. Trump tried to expose the Hunter Biden corruption, and Wallace killed that attempt — not allowing Trump to push the subject, and Biden escaped again because Trump kept interrupting him and the moment, again, was lost.
One relevant issue is Trump was able to get Biden to say that he was now the Democrat Party and he got Biden to waffle somewhat on AOC’s Green New Deal. Biden indicated he no longer supported Bernie Sanders’ manifesto, which he agreed to. Once he won the nomination, he has apparently double-crossed the progressives, and Trump was able to point out that Biden might lose the left.
Folks, regardless of the minor successes that Trump scored, the obnoxious, loud cross-talking between the contestants, dwarfed any clear understanding from the audience and scratched out any recognizable logic. I give Trump the edge on substance and I give both candidates along with the moderator a complete failure on tone, gentility, and professionalism.
At this point, I saw no significant blood, and those who are undecided remain undecided. I believe this election could go either way. However, Trump needs to step it up and perhaps utilize some of the opposition research that is readily available, or at least it should be?
As always your comments are welcome and appreciated.
OPINION
Dear Friends,
Delaware, once a magnificent leader in economic development and judicial equity, is in a major decline with prosperity leaking away like crap out of a broken sewer pipe. I am from Delaware, born and raised and I know all about America’s First State.
Please read the “No Wonder” story below about the perils of Delaware. It’s a bit long, yet provides great insight as to why the once small wonder is now becoming wonderless. The state is in big trouble because it has been mismanaged by the Democrats for years and most everything from the operation of its justice system to its economic development is flawed and corrupt. Business-unfriendly Delaware is a destination for late-term abortion and acts like a sanctuary state, which protects illegal aliens. Corporations are fleeing Delaware and incorporating elsewhere and when the mass exit arrives, Delaware will be flat-broke.
It is time for a political change in the Small Wonder.
I also know all about former U.S. Senator from Delaware, Joe Biden. In my view, he has fooled almost everybody for 50 years. I ran the campaign against Biden in Sussex County the last time he ran for the Senate and he almost lost to my candidate Ray Clatworthy. The “Delaware Way” is a tongue-in-cheek term for the in-state corruption that has become a way of life with many of the Delaware elite.
In order to achieve prosperity in a very small state, that one can drive the entire length of in less than 2 hours, you have to offer something that other states do not. Delaware used to offer a haven for major corporations with tax breaks and liberal rules. Yet, like most American cities under the rule of Democrat leadership — with overspending and ill-conceived, poorly planned growth that is not self-sustainable — it has slipped into a huge decline.
Scroll down to read the informative article from City Journal.
As always, your feedback is welcome and appreciated.
Delaware proudly interrupts the passage of traffic along the arterial stretch of I-95 with the billboard announcement that it is a “Small Wonder.” And it is small: less than a million people call it home, placing it 45th among the 50 states in population, and its 2,500 square miles make it larger geographically than only Rhode Island.
But whether Delaware deserves to call itself a wonder is another question. For almost the last three decades, the state has been governed by one political party. Its governors, since 1993, have been Democrats; its state Senate has been majority-Democratic since 1973, and so has its lower House since 2009. One-party dominance never makes for political or economic health, as Delaware demonstrates.
On paper, Delaware is the ninth richest state in the Union, with per capita GDP of $66,419 (higher even than California). But this bloom in Delaware’s economic cheek is only because of the outsize concentration of wealth in New Castle County and the city of Wilmington, where median family incomes reach as high as $136,000, and where financial corporations have established headquarters under Delaware’s light-handed approach to financial regulation and usury laws. A credit-card company, for instance, can establish a headquarters in Delaware, become exempt from corporate income tax there and for operations anywhere else in the U.S., and enjoy “favorable legal process” in the Delaware Court of Chancery; this helps explain why Joe Biden—Delaware’s six-term U.S. senator, was often called the “senator from MBNA.”
Outside Wilmington, though, prospects are gloomy. In a farm community like Hartly, in central Delaware, the median family income is only $29,375; in Laurel, in Delaware’s southernmost county, it’s just $30,329. Even in a New Castle County town like Newport, which once housed a General Motors plant and a Du Pont chemicals facility, the median family income is only $41,771. More people in Delaware are living in poverty now than were after the recession of 2008. In fact, even after the national economic growth spurt of the last few years, Delaware was one of just two states where the poverty rate rose in 2018 (to 13.6 percent). Ironically, the worst poverty hot-spots are in wealthy New Castle County, where urban poverty reaches as high as 69 percent and the Wilmington neighborhoods on the west side of I-95 resemble a war zone. In 2009, a state task force unveiled recommendations to reduce child poverty by half by 2019; instead, child poverty rose, reaching 18.5 percent in 2019, even as the national child poverty rate declined by 2 percentage points from 20 percent to 18 percent.
Delaware is home to five four-year colleges, which should be engines of innovation and growth for the state, though the once-renowned University of Delaware has slipped in the national college rankings. When asked why fewer than 40 percent of his school’s students come from in-state, President Dennis Assanis answered, “I am not the one holding back the kids in Delaware. We need better-qualified students who come out of our K-12.” According to the National Assessment of Educational Progress (NAEP), Delaware middle-schoolers have shown a steady decline in math and reading proficiency over the past 18 years, so that just 31 percent of Delaware’s public school eighth graders are deemed “proficient” or “advanced” in reading, and just 29 percent in math. Overall, Delaware ranked a mediocre 29th in the nation in the NAEP. Black students’ average scores in 2019 in the NAEP were 25 points lower than their white classmates. This, even though Delaware’s teacher-student ratio of 13.9 is well below the national average of 16.1, and its spending per-pupil is among the highest in the nation.
Delaware, once a major center for chemical and mechanical engineering, now relies heavily on management, administration, and other service sectors to employ its residents. Financial operations generate over 28,000 jobs, from logisticians to credit and budget analysts. By contrast, there are only 1,060 pharmacists and 1,700 physicians, less than 2,000 carpenters, fewer than a thousand farmers, and just 350 bakers and 160 butchers.
The increasing imbalance of the Delaware economy, where a handful of well-paid technocrats preside over an economy of strugglers, can be seen in the decline of homeownership and household formation. Thirty percent of Delawareans are renters; 6.9 percent of those who do own homes have to spend more than 50 percent of their income on housing. Single-parent families now account for 39 percent of Delaware households, and in over 5,550 households grandparents are responsible for child raising. Though Delaware has no sales tax, and Delaware property owners pay only an average of $1,078 in property taxes every year (eighth lowest in the nation per capita), state income taxes are the 14th highest in the country. As the American Legislative Exchange Council explained in 2017, “The benefits of no sales tax and a mild property tax burden are outweighed by these other taxes; in fact, the remaining tax burden is the heaviest in the nation (nearly 5 percent of personal income).”
Not that anyone in Dover seems moved to take much action. In response to the Covid-19 crisis, Delaware’s small businesses were shut down by Governor John Carney’s executive order on March 24, and with only one day’s notice. By April, permanent closures had shot up from 22 percent to 37 percent, with arts, entertainment, and recreation businesses, where 78 percent closed, hit hardest. Even those small businesses that remained open were working at an average of just 61 percent of capacity. The federal Coronavirus Food Assistance Program (CFAP) originally allocated $16 billion to farming and agriculture nationwide, but because CFAP excluded poultry, little of it trickled down into the hands of Delaware farmers, who raise a lot of chickens. Nevertheless, when Carney finally convened a Pandemic Resurgence Advisory Committee on June 1 to deal with the second wave Covid-19 outbreak, its membership was top-heavy with state bureaucrats and corporate officers, and not a single farmer or small business owner.
While Dover dithers, Delaware is succumbing to what Joel Kotkin has called “feudalization,” a return of the medieval two-class society, divided now between a cadre of progressive technocrats and bureaucrats and a sea of service and marginalized workers, with little expectation of upward mobility. This process is already in play in California, where the middle class has shrunk, and the economic terrain is increasingly divided between “an entrenched ultra-wealthy class and a dependent poor class, working largely in the service industries,” as Kotkin describes it. As in California, Delaware has become a one-party fiefdom where the incumbent cadre behaves more like a syndicate than a political party.
Can this change? Perhaps. Delawareans could reject extravagant regulation, demand representation of small businesses on government boards and in government decision-making, and elect leaders with provable business acumen and executive competence. It needs less stifling regulation of mid-level entrepreneurship and more enterprise input, less of the cavalier progressive attitude that the poor exist merely to provide a voting bloc and more of the progress attitude that empowers the poor to take their own economic futures into their own hands.
Its citizens will have an uphill fight against Delaware’s power elite. But the state that prides itself on being a small wonder should be ready to battle with its local giants.
Allen C. Guelzo is Visiting Scholar, B. Kenneth Simon Center for American Studies, Edwin J. Feulner Institute, The Heritage Foundation; Senior Research Scholar, The Council of the Humanities; and Director, Initiative on Politics and Statesmanship, James Madison Program in American Ideals and Institutions Princeton University.
OPINION
Dear friends,
People are catching on that Delaware Chancery Court’s no-jury system is a problem. California is now no longer forcing people to bring their litigation to Delaware’s rigged, no-jury system. This is potentially the beginning of the end of Delaware’s supremacy in the incorporation business. Why? Because of shady shenanigans I believe pulled by Andre Bouchard and Leo Strine!
The incorporation industry has been dominated by Delaware for years. We are destroying our image by allowing Chancellor Bouchard to create what I see as corruption. Like with Worker Reclassification laws such as AB5, the rest of the country will likely follow California’s move, and require that the right to a jury trial overrides forum selection contracts, which brings a lot of business to Delaware. It’s only a matter of time until Bouchard’s tentacles squeeze so much juice out of Delaware corporations to enrich his former law firm of Skadden Arps and his other pals, that other states will likely follow California’s move to ditch Delaware’s judge-only trials.
I’ve been shouting about this from the rooftops for the past few years! Bouchard handing out cases and decisions to enrich certain Delaware elites is undermining our Chancery Court and will, mark my words — if his suspicious activities are not brought to heel — eventually kill the Delaware economy.
See the Law.com story below to see why California now believes its Constitution is more important to its residents than letting Bouchard get his tentacles into more stuff. This is exactly why, in my view, Delaware cannot have this kind of power consolidated in the small and seemingly corrupt “Good Old Boys Club” of Chancellor Bouchard and former Delaware Supreme Court Chief Justice Leo Strine who embodies what I consider an arrogance that is not good for Delaware.
As always, your comments are welcome and appreciated.
Sincerely Yours,
JUDSON Bennett-Coastal Network
https://www.law.com/delbizcourt/2020/08/07/california-judge-says-right-to-jury-trial-overrides-agreement-to-litigate-in-delaware/
California Judge Says Right to Jury
Trial Overrides Agreement to Litigate
in Delaware
One attorney in the case said the California case calls into question how courts in many states with constitutional rights to jury trial may evaluate forum selection clauses that specify Delaware Chancery Court as a jurisdiction.
By Ellen Bardash
August 07, 2020 at 02:52 PM
A California plaintiff can’t be made to take his case to the Delaware Court of Chancery, a Los Angeles County Superior Court judge has ruled in what that plaintiff’s attorney says is likely the first decision to address the issue.
The trial judge’s ruling in the case filed by William West against Access Control Related Enterprises LLC, issued by Judge David J. Cowan of the Los Angeles County Superior Court on July 29, stated that enforcing a forum selection clause requiring a California resident to pursue a case in the Court of Chancery violates Californians’ constitutional right to a jury trial, unless a defendant can prove doing so would not infringe on that right.
Because the only jury trials held in the Court of Chancery are done on an advisory basis, with the court not bound by a jury’s decision, West cannot be made to move his case there, despite agreement documents signed with the defendant company including language that required litigation to be pursued in Delaware, Cowan wrote.
“The Delaware Court of Chancery is a preferred venue for many commercial disputes based upon the expertise and reputation of the court,” said Geoffrey Grivner of Buchanan Ingersoll & Rooney, who is representing West in his pending case against ACRE in Delaware Superior Court. “This ruling may be pushing back on that norm.” West was one of the three founders of electronic lock giant ACRE, a Delaware limited liability corporation that became involved with LLR Partners, a private equity firm in Philadelphia. West was ACRE’s chief operating officer and chief financial officer. In June 2013, West, ACRE, and other parties signed several documents, one of which stipulates disputes were to be resolved in either a state or federal California court, while the others included language requiring those disputes to go through either the District of Delaware or the Delaware Court of Chancery.
In December of 2015, ACRE terminated West’s employment based on his pursuit of a transaction with Mercury Security Products LLC, according to Cowan’s ruling.
The following November, West filed a Los Angeles Superior Court complaint that included claims arising from what he said was a manufactured false basis for his termination. The stay, in that case, lifted last week was put in place in May of 2017.
West then filed a federal complaint in the District of Delaware, which was ultimately dismissed voluntarily for not having subject matter jurisdiction due to a lack of complete diversity. In November 2017, he filed a complaint in Delaware Superior Court. Not long before West’s case was scheduled to go to trial in March of this year, Judge Mary M. Johnston of the New Castle County Superior Court transferred West’s case to the Court of Chancery. In June, West moved to lift the stay in the California action and implement a stay in Delaware proceedings.
Cowan’s ruling, which granted West’s request to lift a stay put in place in May 2017, determined West’s constitutional right to a jury trial preempted the agreement documents that included a forum selection clause, a choice of law provision and a jury trial waiver that, if enforced, would have required litigation between the parties to go through Delaware’s court system and considered under Delaware law without a jury.
“It is irrelevant whether Judge Johnston’s decision was based on the forum selection clause or the jury waiver,” Cowan wrote. “The effect of the Transfer Order is to waive West’s right to a jury trial based on a pre-dispute agreement, whether that agreement regards forum selection or the right to a jury directly.” The court ruled ACRE had a burden of proving that enforcement of the forum selection clause wouldn’t substantially diminish West’s right to a jury trial and that that burden of proof hadn’t been met.
“This point is undisputed—the Chancery Courts are on the cutting-edge of corporate law and undeniably well-equipped to address issues in this action. But the Chancery Courts do not conduct jury trials,” Cowan wrote. “It goes without saying that an employer-defendant would generally prefer a bench trial while an employee-plaintiff would prefer a jury trial; but ultimately, the parties’ preferences and the competence of the Court of Chancery are irrelevant where the real issue is whether West would be deprived of his right to a jury trial.” With most, if not all, state constitutions including language similar to California’s that guarantees the right to a jury trial, if the ruling remains in effect, West’s counsel believes it could boost claims that litigation should proceed in a plaintiff’s home state rather than in the Delaware Court of Chancery, even if a business incorporated in Delaware or a forum selection clause naming Delaware jurisdiction is involved in the case.
“This decision calls into question how courts in many states with constitutional rights to juries may evaluate Delaware Court of Chancery forum selection clauses,” Grivner said.
Cowan’s ruling didn’t specify whether a jury trial should be held in Los Angeles Superior Court or Delaware Superior Court. On July 30, Michael L.Banks and Amy M. Dudash of Morgan, Lewis & Bockius, the firm representing ACRE, sent a letter to Johnston asking the case to proceed in Delaware, while West’s attorney said he would prefer the case to be tried in California as Johnston already ruled it should be transferred out of Delaware Superior Court.
“In light of Judge Cowan’s decision, we would withdraw our request to have the case transferred to the Chancery Court and agree to a jury trial in Delaware Superior Court, as Plaintiff has requested throughout the litigation in Delaware and as Your Honor has suggested on several occasions,” Banks and Dudash wrote. “This approach would preserve West’s right to a jury trial, while respecting the parties’ contractual choice of Delaware as a forum.”
A spokesperson for Morgan Lewis said Thursday the firm has no comment on the case.OPINION
Dear friends,
Liberal Supreme Court Justice Ruth Bader Ginsburg passed away at age 87 on Friday. She fought a noble battle against pancreatic cancer. Ginsburg led an amazing life and was a true American icon, who fought tirelessly and successfully for equal rights for women. Regardless of one’s political party or political agenda, Ginsburg’s achievements and commitments were remarkable and should be lauded in perpetuity.
Ginsburg was taken from us too soon, and I’m very sad to hear of her passing. The opening this has left on the Supreme Court has significant political ramifications that are worthy of discussion. Mainly, President Donald Trump has the constitutional duty and the authority to nominate a new Supreme Court Justice.
It may seem on the surface that it’s inconsistent to replace her in an election year because the Republicans delayed the vote in 2016 when Obama was president. That was a very different situation because the Senate was controlled by the Republican Party, while the presidency was controlled by the Democrats. Currently, there is no party divide between the Senate and the Presidency. If the Democrats had control of the Senate when Obama was president in 2016, they would have made the same move.
Trump has stated unequivocally — while considering that the balance of the nine-member court is crucial in regard to the most important issues in American law — that he wants to “swear in without delay, a woman”, and jokingly said at a campaign rally in North Carolina, “I think it should be a woman because I actually like women much more than men.” So do I, folks!
President Trump is reportedly considering two female judges who serve on federal courts of appeal. Amy Coney Barrett and Barbara Lagoa. Notice how the liberal media has given Trump no credit for committing to nominate a female Supreme Court Justice and contrast that with the virtual parade and confetti that the media rolled out when Biden committed to a woman as his running mate. Being Vice President, as important as it is, is temporary — a Supreme Court Justice appointment is for life.
As always, your feedback is welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal NetworkDear Friends,Leo Strine, former Chief Justice of the Delaware Supreme Court, co-authored a Fortune magazine piece with Jaap Winter that will “undermine capitalism” and erase decades of economic progress, in my opinion — but also according to radio talk show host, Kyle Keegan.Keegan vividly described Strine and his co-authors as Communists. “They want Socialism,” said Keegan, who was exasperated at the “idiotic” piece and at Strine, once a power-player in Delaware.
Kill Bigger Radio with Kyle Keegan Ep. 77
Strine claimed to be a business expert to secure his original job as Chancellor, but his only business experience: Current Chancellor Andre Bouchard’s summer associate at (you guessed it) the infamous Skadden Arps.People disagree on whether or not Strine resigned in disgrace over his “shady” handling of the TransPerfect case, but I clearly remember Leo Strine supporting extreme actions that enriched his Skadden henchmen, and destroyed the lives of ordinary workers for years. Having his former intern on the appellate court worked as an advantage for the Bouchard-Strine cronies, and in my view, there was never a chance to derail this backroom deal. Justice Valihura dissented and likened the Chancery’s decision to a “Takings” under the 5th Amendment of the U.S. Constitution — yet Leo Strine bullied it through.Believe me, folks, “The Delaware Way” is a real concept and works through favor-trading, back-scratching, and soft corruption that I believe Strine and his friends built. It’s so outrageous that it is permitted to continue?! Please check out the interview on YouTube below, and listen to Strine being taken to task by talk-show host Keegan!As always your comments are welcome and appreciated.Respectfully yours,JUDSON Bennett-Coastal NetworkCLICK ON THE LINK…Fortune Magazine is a Commie Rag Now? – Ep 77Kill Bigger Radio With Kyle KeeganIn this episode, I felt the need to stick up for a dead man. Milton Freidman. The man has done a TON of good advancing the principles of free-market economics. I pick apart a Fortune Magazine article written by three “intellectual” communists. Unbelievable, given the name of the publication.
OPINION
Dear Friends,
The primary elections in Delaware were intriguing! The Delaware Governor’s primary contest had Julianne E. Murray winning the Republican primary over her closest challenger, Senator Colin Bonini, who took 40% of the vote. Folks, Governor John Carney is extremely vulnerable, as his authoritarian policies have forced many Delaware businesses to close and have indeed upset many folks on both sides of the political aisle. If Murray can raise the capital, Carney may find himself in a major battle.
Republicans need to rally behind Murray. The “Delaware Way” and the cronyism in America’s First State took a major blow! The anti-corruption message is one that we can rally behind and help put Republicans back in the Governor’s Mansion in Delaware.
One of the most liberal states in America, once in the top 5 for economic development — now 48th, having massive unemployment — its Chancery Court in question under Andre Bouchard, businesses going bankrupt, and a destination for late-term abortion. A hugely disgruntled electorate could flip the “Small Wonder” from blue to red, especially with all of the Joe Biden corruption being exposed! Wouldn’t that be something?
I usually don’t get too involved in primaries, however I endorsed two friends for Sussex County Council in the Republican primary there. I am delighted to say that they both won and I am glad I helped them.
Cindy Green won in District 2 and Mark Schaeffer won in District 3. Both of these candidates worked extremely hard, knocked on hundreds of doors, and presented their platforms clearly.
There are no Democrats running, so these seats are solid for the next 4 years. Interestingly, I took some flak for my endorsements. For those who are disgruntled at the positive outcome for those who had my support: I know the people, I know the work they have done for the Republican party, I know their integrity, and I stand by my endorsements!
Congratulations to new Sussex County Councilwoman Cindy Green and new Sussex County Councilman Mark Schaeffer. Breaths of fresh air!
I found a few upsets on the Democrat side to actually be rather disconcerting for this old warhorse. Long-time Senator Dave McBride, who was the Senate Pro-Tempore, was defeated in his primary by an African American, left-wing progressive named Maria Pinkney. One of the detrimental issues, that clearly hurt Dave McBride, was he was accused of not living in his district. I found Dave to be a great guy, and I lived next door to him at Wolfe Pointe in Lewes. McBride’s district is in New Castle County. Our houses are in Sussex. It seemed from my observations, Dave was not there on weekdays and came down to Sussex County on weekends. Dave made birdhouses for my mother. Nice guy, reasonable, and now his long-term career of politics is over, and he can spend all of his time in Sussex County. Thanks for your service David.
Interestingly, two other moderate Democrats were dumped by left-wing progressives. John Viola and Earl Jaques are no longer in control and have been soundly replaced by progressive agendas. It is unfortunate the Democrat party in Delaware is moving so grotesquely to the far left.
The final contest of interest was the easy victory achieved by Sarah McBride, who if she wins the general election, in a strong Democrat district, will be the highest-ranking, openly transgender candidate in the United States. How about that, folks?
As always your comments are appreciated and welcome. Love to hear from you — even my Democrat friends — if I have any left. LOL
Dear friends, I saw this article about Delaware and how Delaware’s Democrat Governor John Carney won’t denounce arson of a Jewish building in Newark, Delaware as a “Hate Crime.” The best he can do is call it “disturbing.” Folks, when the State Fire Marshall declares that the fire at the University of Delaware’s Chabad House (a Jewish Center and an important part of the religious activities there) was arson, it should be deemed a hate crime in my view.In these difficult times, with Antifa and BLM looting, burning, killing, and frightening Americans, these ignorant jerks seem to now be attacking Jews and their places of worship as well. If a white cop shoots a black guy, even in self- defense, or if a black church is burned down—HATE CRIME, HATE CRIME, HATE CRIME! A mainstay of the University of Delaware’s campus is intentionally burned down, and all Governor John Carney can say is, “it is disturbing!” Folks, I have reliable information from Delaware State Troopers that Antifa is very active in Delaware!Antifa and BLM are Marxist organizations. To create fear and chaos is part of the agenda, to violently destroy the societal structure, then take over with authoritarian methods. This was a Hate Crime. John Carney is insensitive, in my view, to not declare it as such. Time for Carney to be defeated in November. He is grotesquely out of touch.Please read the disturbing article and send me your thoughts?Respectfully Submitted,JUDSON Bennett-Coastal NetworkWake Up America – and Delaware, and Smell the Anti-SemitismAmericans of all races and political outlooks revile and attack Jews with unprecedented glee, while American Jews would rather talk about anything else
Antisemitism on a California Highway
BY EVE BARLOW
SEPTEMBER 03, 2020
I don’t think of Delaware as a center of anti-Semitic hate. But on the night of Aug. 26, the University of Delaware’s Chabad house was burned to the ground, causing an estimated $75,000 worth of damage. According to the state fire marshal, the fire was intentionally set. While the university’s president acknowledged that the site was “an active part of UD’s religious, faith, and spiritual diversity” the fire marshal’s office found no indication that this was a hate crime. Gov. John Carney called the crime “upsetting.”
Only three years earlier, in 2017, Gov. Carney was showing his solidarity and support while visiting the Siegel Jewish Community Center and its Albert Einstein Academy primary school in Wilmington after the JCC received five bomb threats in the space of two months. In February of this year, the same JCC reported that it’s still receiving bomb threats. Delaware’s Jewish community is pushing for an expansion of the state’s hate crime laws.
The pathway from experiencing casual hatred to receiving bomb threats to living communal life under siege to suffering defaced and burned down buildings is all too wearyingly familiar for Jews in Delaware, as well as in the traditional urban centers of American Jewish life. Horrifying footage from Brooklyn on August 29 showed two Haredi men being rammed by a car—an incident that seems no more politically determinable than the regular anti-Semitic chanting or vandalizing of Jewish property at Black Lives Matter marches, or white supremacist bomb threats.
Two weekends ago, a sign reading “The Jews Want a Race War” appeared over the I-405 freeway in Los Angeles. It was dangled by a man named Jon Minadeo Jr. One sign turned into two, with the adjacent sign reading “Honk if you know.” According to witnesses, many cars honked. The sign was eventually removed.
The following day, Minadeo was filmed outside the Chabad in Marina del Rey, exercising his free speech rights against America’s Jews once more as part of a tour he dubbed “Name the Nose.” “These Jewish terrorists are the people behind 9/11,” he shouted on the steps. The white van he drove was graffitied with slogans that offer some of his conspiracy theories: “The Jews are spawns of Satan,” “Trump is owned by Jews,” “Jews run Hollywood.” His group, the Goyim Defense League, posted anti-Semitic flyers last year in San Francisco and run a YouTube-style site called Goyim TV.
What do all these incidents have in common? Not that they are the unique province of “the right” or “the left”—but that they are happening in America on a daily basis and both the mainstream press and the organized Jewish community seem determined to ignore them. Last summer, Armin Rosen documented the “routine” attacks upon the city’s visible Jews. “The increase in the number of physical assaults against Orthodox Jews in New York City is a matter of empirical fact,” he stated, while detailing the steep rise in numbers from the NYPD hate crime unit. The question Rosen raised then was why the country’s biggest wave of hate crimes was apparently not worthy of notice by any of the city’s major newspapers, the mayor’s office, the Justice Department, or civil rights groups; six months after his article was published, it was still the only long piece on the subject.
What became clear to me from the I-405 incident is that America’s Jews don’t see anti-Semitism, even when it’s dangling over a freeway in one of its most liberal cities in broad daylight. But perhaps it isn’t odd that mainstream media haven’t reported on it when American Jews won’t admit that anti-Semitism is a real problem in this country, and when so few of our high-profile Jews speak out against such attacks. Why would the media consider it of public interest if the Jews don’t?
It seems that American Jews don’t see anti-Semitism in America because they don’t want to, not because it isn’t real. They choose not to see it because it makes them uncomfortable. Or they only see it when it comes from the other “side.”
Yet for an outsider, the normalizing of open anti-Semitism in this country on all “sides” is shocking. This past week, in addition to the Delaware Chabad, Nazi symbols were painted on a bus stop in Colorado Springs and Philadelphia’s NAACP President Rodney Muhammad was removed after posting an anti-Semitic meme to Facebook. In the past three months we’ve seen the California Board of Education go ahead with an ethnic studies curriculum that is openly anti-Semitic and anti-Israel as part of its efforts to promote diversity and understanding among cultures. Synagogues have been defaced in Pennsylvania, Boston, Florida, and Cleveland, among other places. And that’s a good week, because nobody was put in a hospital or killed.
While “anti-Zionism” provides a fig leaf for anti-Semitic bullying campaigns, especially on college campuses, the idea that there is some clear line between the new and the old types of blood libel is increasingly hard to credit in an age of hypersensitivity to every other kind of real or imagined slight. At USC, Jewish student Rose Ritch resigned from her position as vice president of the student government after being bullied for her “Zionism”—meaning her refusal to stridently condemn and disavow Israel, a subject that has zero to do with student government at the college.
In America, anti-Semitism seems to render American Jews further from their Jewish identity, and closer to a desire to blend in—as leftists, as allies, as Americans.
At least a half dozen synagogues have been vandalized during BLM protests, including one in LA (“Fuck Israel” was sprayed on the side of the building). A BLM protest in Washington, D.C., featured the chant: “Israel, we know you, you murder children too.” There’s been a resurgence of the ugly rhetoric of Louis Farrakhan and the Nation of Islam via figures such as DeSean Jackson, P Diddy, and Jay Electronica, along with articles explaining why Louis Farrakhan is in fact a very important figure in the African American community whose minions provide young minority men with positive role models. Yikes.
Those are the subtle cases. In Nevada, a Jewish man was stabbed in the head while the perpetrator cried “Heil Hitler.” Anyone who is identifiably Jewish and spends a significant portion of their time online must contend with trending hashtags such as #jewishprivilege, #holocaust, and #naziger, as well as with the perverse new trend on TikTok in which teenagers reenact concentration camp scenarios for entertainment, and then read articles about why that’s OK.
Yet American Jews and the organizations that purport to represent them continue by and large to be curiously quiet about this ever-widening river of cultural sewage. America’s superlative example of successful assimilation has spawned a unique antidote to intergenerational trauma; an internalization of the false assumption that Jews are fine, or that Ashkenazi Jews are in fact too privileged to be targeted. When we enable this perception that Jews are safe, we are conveniently complicit with the gatekeepers who prefer that narrative; both those on the left who see Jews as the agents of white supremacy, and those on the right who see Jews as betrayers of it. And you wonder how much of America’s anti-Semitism—the vandalism, the arson, the assaults—we never see.
In 2014, London was becoming an eyebrow-raising place to be Jewish (swastikas graffitied in the city, kosher food boycotted from major supermarket chains, etc.), and Los Angeles was still allegedly the golden Medina. So I jumped ship. Arriving in Los Angeles felt akin to making aliyah. The superficial sense of comfort that came with a great degree of visible representation of Jewish identity both in Jewish and non-Jewish quarters (I remember being struck by a menorah in a CVS!) made me feel less like a stranger in a strange land.
America may be the most successful integration the Jews of the diaspora have ever experienced. But at what cost? America’s bigger Jewish population doesn’t mean safety in numbers. In fact, the frequency of attacks here is highly disproportionate and rightfully alarming. Yet the reckoning taking place in Britain seems light years away from this side of the pond.
This summer, the British rapper Wiley went on a 48-hour rampage via Twitter and Instagram, spouting conspiracy theories about the Jewish people and Israel; in one tweet, he said Jews should “hold some corn” (slang for “receive some bullets”). The non-Jewish world in Britain reacted in disbelief. How could such geriatric and cartoonish anti-Semitic tropes still exist in progressive spaces? Wiley’s actions were the catalyst for a 48-hour social media walkout led by prominent British figures who protested for better online safeguards against hate speech, but the stunt didn’t gain traction in America. Perhaps had Wiley been a bigger export here there would have been a desire to participate. Then again, that’s doubtful.
Anti-Semitism always brought me closer to my Jewish identity, fighting harder to align my multitudes. But in America, anti-Semitism seems to render American Jews further from their Jewish identity, and closer to a desire to blend in—as leftists, as allies, as Americans. But when Jews don’t confront anti-Semitism, there’s zero public outcry. That’s the cycle that the American Jewish community appears to be trapped in.
Why and how did this happen? In The Price of Whiteness, Eric L. Goldstein discusses how upon Jews’ arrival in America, confronted with a divisive binary that favored religious freedom over racial equality, the Ashkenazi Jews chose religion over ethnicity, which secured their pass into society but also erased something of their Jewish identities. An Ashkenazi Jew who identifies as white often overlooks that Ashkenazim were never afforded protection because of racial privilege; in fact, the opposite was true. It also ignores those Jews who are not white, including the majority who live in Israel.
Assimilation hasn’t safeguarded any Jew from the prevalence of anti-Semitism on either the left or the right in America. On the left, we see it on college campuses with the ostracizing of “bad” Zionist Jews from student government and the routine demonization of Zionism and Zionists in classrooms and educational programming. When I recently said that BLM protesters vandalizing synagogues was not the equivalent of smashing the windows of an Urban Outfitters, I was treated as a pariah. Had an LGBTQ center been graffitied with slurs, there would have been reasonable condemnation. The American left is a place where we don’t ask people to compromise their queerness or their feminism, but where we shun Jewish pride and slander a Jew’s right to self-determination as “racist” and “fascist.”
What’s worse: Many Jews collude in this self-mutilation, only calling out anti-Semitism when it comes from the right—which, after all, is where hatred exclusively comes from. And of course, there are plenty of examples of anti-Semitism on Trump’s side of the divide, like when the president himself praised Henry Ford, one of America’s biggest anti-Semites ever, for his “good bloodlines.” The individuals behind deadly assaults on American synagogues in Pittsburgh and Poway were right-wing extremists spouting the replacement theory (the same as that of the I-405 perpetrators: Jews are seeking to colonize white people by colluding to increase non-white immigrants).
Yet while the radical right propagates the classical loony conspiracy theories that are fundamental to Jew-hatred, the radical left infuriatingly claims to combat anti-Semitism and all other forms of bigotry while upholding a definition of Jews and Jewishness that in fact erases us. The left defines anti-Semitism as a product of capitalism as if to suggest that without capitalism there’d be no anti-Semitism. They define anti-Semitism as a construct of Judeo-Christianity as if to suggest that there’s no anti-Semitism in the Muslim world.
The left promulgates the lie that Jews didn’t have a homeland before 1948, and promotes the myth that the land of Judea had no historic or cultural or lived emotional connection to Jews worldwide. The left compares Israel soldiers to Nazis—a comparison that is both ridiculously false and purposefully obscene, and which trivializes history’s bloodiest genocide, whose victims still walk among us. It charges Israelis with bloody crimes, such as “massacring” children or “harvesting organs,” which are in fact no different than the crudest medieval blood libels. The left denies Jews the human right to seek refuge in their own land, while advocating for these same rights for others at their expense. The left does all these things not on fringe websites or in meetings in someone’s basement like the right does, but in classrooms at some of America’s finest universities, and in impeccably edited reviews and journals aimed at people with graduate degrees.
In doing so, the left seeks not only to make the crudest kinds of anti-Semitic libels respectable but to establish them as proofs of virtue—and make them part of the price of admission to the American elite. They seek to raise the price of Jewish identification with our own culture and history and ancestors to the point where many people of Jewish descent will feel themselves forced to choose between our own lived identities and inheritance as Jews, or social and professional suicide. They want to reduce us to an inferior, subhuman status, using the rainbow-flag-waving Trojan horse of human rights speak.
This is a two-pronged nightmare, worsened by the reality that American Jews seem more prepared to fight all other fights apart from their own. In fact, they seem eager to choose the other fights first. Are they that deeply gaslit? Are they scared, and in denial? Are they so desperate for acceptance? Is the emotional disconnect so severe that it doesn’t even hurt to be under attack?
In the U.K., I didn’t grow up with the same foundational constructs of racism that exist in the United States (although of course the colonial legacy of racism is still a real problem there), and so I wasn’t predisposed to check my own ethnic minority status against a hierarchy of oppression any time I personally felt threatened as a Jew, or a woman, or for any other reason. You have to put on your life jacket before you help the person next to you. Hate is hate.
But to stand up to anti-Semitism in America today is to inspire an emotional backlash from those who are quick to remind of your privilege as a person with light skin. To argue that a light-skinned Jew’s privileges are conditional and disappear upon an anti-Semitic attack—go tell Hitler’s victims about their white-skin privilege—is met with fury. It appears that for many American Jews, the idea that they have “white privilege” is actually a shield against the knowledge of who they actually are, and the real threats that they face.
It cannot be understated that this American Jewish cultural disaster has an impact far beyond the borders of the United States. American Jewish culture is so widely exported throughout the world it’s no wonder that the deceitful trope that Jews are wealthy and largely white reinforces the lack of empathy for our plight, and the lack of concern when we are targeted. An American generation that has only ever known a powerful Israel can’t understand why American Jews deem Israel under threat from anti-Zionist politics, or why the false portrayal of Israel as a bloodthirsty racist colonialist enterprise should threaten them. They don’t know that the Jews from the Middle East and North Africa who sought refuge in Israel from oppression are a majority of the country’s population. Rather than see anti-Semitism as a real phenomenon, they view it as a chess piece to be played.
To try to manipulate anti-Semitism instead of fighting it wherever it arises is fatal. The willingness to erase one’s Jewish identity in order to become a “normal” American is also fatal. If America is a melting pot of individuals, then this abdication from Jewish identity makes no sense. Why should a people be forced to reject themselves in order to fit into a whole, when the whole demands that we be ourselves in all our individuality? Becoming part of the new American social hierarchy will not protect Jews no matter how far they ascend. It hasn’t protected Jews in any other nation. In the eyes of an anti-Semite, you’ll always be a Jew first and an American second, if at all. But that is a message that American Jews of both the left and the right seem supremely uninterested in hearing.
In Britain, we don’t deny that anti-Semitism exists. We have community structures that exist to protect Jewish life, and they serve neither the government nor its leading opposition. British Jews are scrappier and unafraid to get our hands dirty in the face of anti-Semitism, even if we’re publicly shamed for it. We’re Jews, after all, and neither our friends nor our foes expect us to be otherwise. By contrast, American Jews are eerily silent; sleepwalking through a rising tide of Jew-hatred. How can you expect to have your places of worship respected, your history understood, and your identity recognized and validated if you won’t stand up for yourselves, and admit your real vulnerability?
“The Jews Want a Race War” was a disturbing sign on a freeway. The vagueness of the communal response to that sign, and hundreds of other incidents like it, is a disturbing sign of a much bigger problem.
Eve Barlow is an LA-based, Scottish freelance music journalist, and former Deputy Editor of the NME. She currently contributes to New York Magazine, The Guardian, the LA Times, Pitchfork, and GQ, among other publications.Dear friends,
Everyone should take note today! I am writing about an article from liberal CNN News (!) that discusses something I have written about before: If Biden is ahead, why isn’t Trump an underdog with London’s betting houses? You know what they say, follow the money! Well, folks, the money is betting on Donald Trump to win in November!
You have to give the American people some credit. The money is on Trump for the same reason the American stock markets are going off the charts: People are “betting on the come” — a gambling expression that means betting on what’s coming — because they believe Trump if re-elected, will solve the Pandemic with a life-saving, preventative vaccine, restore the great prosperity we had before the Chinese Communist Party actually perpetrated an act of war against America, and will restore law and order to protect our society from the anarchy the Democrats have supported.
Additionally, the real truth about Joe Biden is slowly getting out to the American people. The man is probably the most dishonest politician in United States history. He is a serial liar and has absolutely no character. Frankly, I think he is despicable. There are innumerable reasons why the smart money is lining up behind Trump. Biden has been a fraud from the very beginning, as far back as when he was in college. Anyone of his intrinsically evil and fraudulent acts of acute dishonesty should be enough to keep him from being elected.
Let’s just name a few interesting facts about Biden: 1) Lied about his grades, scholarships, and degrees. 2) Plagiarized papers in Law School and was suspended. 3) Bribed a Teamster, mafia, union boss… so Delaware newspapers supporting Caleb Boggs in his first campaign could not be delivered to voters. 4) When his first wife Nelia Biden killed herself and her daughter by running a stop sign and colliding with a truck, Biden falsely accused the truck driver of being drunk, ruining the driver’s life. 5) Stole his good friend’s wife, who helped him get elected, Jill Biden, with both publicly lying about when the affair began — showing total lack of character. 6) Arranging lucrative deals for family members. 7) Causing and creating the false charges against General Mike Flynn and spying on the Trump campaign.
Folks, these are just a few drops in the bucket of Biden’s grotesque dishonesty. Despite the skewed polls, the smart money has to be on Trump.
When you compare the success of Trump’s platform compared to Biden’s Socialistic agenda, conflating Biden’s nefarious, false path and fake persona — I give the American people some credit.
Please see the interesting story below and send me your thoughts.
Respectfully yours,
JUDSON Bennett-Coastal Network
https://edition.cnn.com/2020/09/04/politics/betting-markets-trump-biden-bovada-betfair/index.html?utm_source=twCNNp&utm_content=2020-09-04T22%3A06%3A05&utm_medium=social&utm_term=link
Why do gamblers think Donald Trump has such a good chance of winning?
Analysis by Chris Cillizza, CNN Editor-at-large
September 4, 2020
(CNN)In the wake of the two national party conventions, a slew of national polling has been conducted that suggests the 2020 race hasn’t changed all that much. Former Vice President Joe Biden maintains a high-single-digit lead over President Donald Trump, with voters still very concerned about the coronavirus pandemic — and less than thrilled about how Trump has performed on that front. (I wrote about all of that here.)Yet, one thing has changed A LOT over the past month: How betting markets see the race. According to Real Clear Politics’ aggregation of the odds being set by various markets, Biden went from a 61% chance of winning August 4 to a 50.5% chance on September 4. Which, if you look at the other available data in the race, doesn’t make a ton of sense!To answer the “why” behind the movement in betting odds, I reached out to Rufus Peabody, a professional sports bettor and partner at the analytics firm Massey Peabody. (If this stuff interests you, Rufus also has a GREAT sports betting podcast called “Bet the Process.”) Our conversation, conducted via email and lightly edited for flow, is below.Cillizza: Can you explain broadly how betting markets like Betfair and Bovada work — for politics and sports?Peabody: So there’s a distinction here. Betfair is a betting exchange, while Bovada is a sportsbook. If you place a bet at Betfair, you are matching with someone else — often a professional market maker, but possibly just another individual — who wants the opposite side of the bet. Betfair makes money by taking a commission on each transaction. This is a true market, as prices are directly determined by the betting public.
When most people refer to the “betting market.” however, they are not referring to an actual market but rather to prices at sportsbooks, which are *not* directly tied to supply and demand. The key distinction between a sportsbook and a betting exchange is the counterparty. If you place a bet at a sportsbook, the sportsbook is the counterparty. If you bet on Joe Biden to win at +100 (50% implied odds), the sportsbook is taking the opposite side of that bet (Trump at +100). Sportsbooks function as markets in a general sense because books are trying to draw equal action on both sides. While exchanges make money by taking a commission, sportsbooks make money by offering “unfair odds.” If a book thought the true price was Biden 50%, Trump 50%, they might offer Biden 53%, Trump 53%.
Cillizza: Who is setting the baselines for these markets?Peabody: The prices at an exchange like Betfair are directly set by market participants. Anyone can make an offer, and if there’s a counterparty willing to accept, voila! For traditional sportsbooks, there are a few large offshore books that traditionally act as market makers, setting initial odds, and moving them in response to the betting action they receive.
Cillizza: What makes a market move? Outside events? Momentum?Peabody: The short answer is money, and usually, though not necessarily, smart money. Sportsbooks want to make money and minimize risk, which they can do by setting odds that draw betting volume proportional to the odds offered. This is referred to as balanced action, or two-way action. If the betting public is wagering a lot more money on one team (or politician) than another at a traditional sportsbook, the book can adjust the odds they offer (for future bets) in hopes of receiving more balanced action. Why? By setting a “price” that equalizes supply and demand, they can use the money from losing wagers to pay off the winning wagers, and collect a risk-free profit. But it’s not exactly that simple.
Let’s say there are two classes of bettors: “Sharp” bettors who will bet large amounts of money if they find a profitable opportunity, and “square,” recreational bettors who do not run sophisticated models, are not especially price sensitive, and are long-term losers (in terms of money made and lost). Squares make up 96% or more of the betting public. If a sportsbook is getting unbalanced action, but all that money is being bet by “squares”, it’s less inclined to adjust its odds, since by doing so, it risks skewing the odds and creating opportunities for “sharps” with large bankrolls to exploit. (Side note: For this reason, books place limits on the size of any one bet, allowing them to adjust the odds before too much damage is inflicted)
All this is to say that the most sophisticated offshore sportsbooks that have the highest bet limits are very good at profiling bettors — identifying the “sharp” bettors from the “squares” — and will adjust their odds in response to large wagers from “sharps.” Other, less sophisticated books (i.e. most US books), will adjust their odds to closely mirror the odds of the sophisticated sportsbooks.
That was a very long-winded way of saying that large bets from sophisticated, successful bettors generally make markets move. But every market is different. The greater the liquidity, the higher the limits, the more likely market moves are to be efficient — moving toward the true probability. Markets with lower liquidity and/or lower limits tend to have less efficient prices. A market likePredictIt, where users can only bet $800 on a position, should have much less efficient odds than a liquid exchange that does not put a cap on position sizes.
Cillizza: There’s very little actual evidence — polling, money etc. — that suggests Trump is much more likely to beat Biden than he was a month ago. But the odds are basically 50-50. What gives?Peabody: Simply put, there has been an influx of money bet on Trump, which has driven his price up. Does that reflect a true fundamental change in the race, or is it an inefficient market move? I am always inclined to side with liquid betting markets over polls — they have a track record of outperforming polls and pundits. Are there times when markets are inefficient? Just look at the stock market moves in the last six months! Of course there are.
While polls can be a good barometer, they rely on a number of assumptions, including the composition of the electorate. Given how unusual this election will be, with so many fewer people voting in-person, as well as the possibility of voter suppression, I would argue that voter turnout is much more of an unknown this year than in a typical election cycle.
Polls also reflect support now. I’m no political expert, but the perception, accurate or not, seems to be that Republicans have finally found a strong message: law and order. It feels like the election is being fought on different turf than it was a month ago, and while continuing protests may galvanize progressives, they may hurt Biden’s chances with moderates. The law and order message worked for Republicans in 1968, another election year marred by civil unrest.
I’m no political expert, though, so this is really all just speculation.
Cillizza: Finish this sentence: “The best way to use betting markets to understand where a game or a presidential race is headed is _______.” Now, explain.Peabody: “The best way to use betting markets to understand where a game or presidential race is headed is as the best indicator we have available of the probability. “
Just like stock prices take all available information — including fundamentals such as earnings reports — political betting markets take data, such as polls and fundraising numbers, into account. Markets aren’t always efficient, but liquid markets do a better job of synthesizing available public and nonpublic information than polls alone. (Cillizza note: There is some disagreement on this point.) It’s possible that markets are moving on some information that’s not yet public; we have no way of knowing for sure. I should stress that betting market predictions aren’t always accurate, but historically, they have been better predictors than polls. The predictive value of any market (or pseudo-market) is directly related to its liquidity (how much money is being wagered by all market participants), and any restrictions, such as betting limits.OPINION
Dear Friends,
TransPerfect CEO Philip Shawe just guest-lectured at Yale, the #1 most prestigious law school in the U.S. and perhaps the world — The course subject: Delaware Law.
You’ve read much about the controversial case in my Coastal Network columns about Chancellor Andre Bouchard’s Chancery Court, backed up by his former intern, Delaware Supreme Court, Chief Justice Leo Strine, both of whom used to work at the same law firm as did the court-appointed Custodian, Robert Pincus–all working for the equally controversial, Skadden Arps.
As you’ll see below, the next generation of leading attorneys are learning lessons from the TransPerfect case. My view: Perhaps bad for Bouchard and his “Boys Club” cronies, but great for possible reforms and for Delaware in the long run. Let me know what you think?
Respectfully Yours,
JUDSON Bennett, Coastal Network
https://www.prnewswire.com/news-releases/transperfect-ceo-phil-shawe-delivers-guest-lecture-to-yale-law-school-301121288.html
TransPerfect CEO Phil Shawe Delivers Guest Lecture To Yale Law School
Shares Practical Experience with Delaware Law and Litigation in Chancery Court with Next Generation of Leading Attorneys
NEW YORK and NEW HAVEN, Conn., Aug. 31, 2020 /PRNewswire/ — TransPerfect, the world’s largest provider of language and technology solutions for global business, today announced that company President and CEO, Phil Shawe, will deliver a guest lecture to Yale Law School on August 31, 2020.
Shawe’s invitation to speak was extended by Yale Professor Jonathan Macey as part of his Financial Markets and Corporate Law Clinic class. The talk will recount the experiences and lessons learned over the years surrounding the controversial Delaware Chancery Court decision to involuntarily force the public auction of a successful and profitable industry leader against the will of two of its three shareholders. The ruling has cost all involved parties over $300 million and counting in legal fees and related expenses.
Attendance is limited to Yale Law School students; however, excerpts from Shawe’s presentation will be made available on TransPerfect media channels soon.
Shawe commented, “I’m honored to have the opportunity to share our practical experience with the next generation of leading attorneys at one of the world’s most prestigious educational institutions. I’d like to thank the Yale Law School students and Professor Macey for the invitation.”OPINION
Dear Friends,
I was extremely proud of the Republican National Committee for the fabulous event they put on at the White House during the final day of the convention. Ivanka Trump stole the show with her speech, prior to introducing her father, President Donald J. Trump, for his acceptance speech. She was exceptionally beautiful, articulate, and passionate, and brilliantly defined the Trump platform.
Trump identified the lunacy of the Biden campaign and educated America on the positive possibilities of another Trump Presidency and the darkness of a possible Biden Presidency. We loved it, and felt rejuvenated!
In comparison to the Democrat convention, the Republican convention was magnificent in its style, class, and overall presentation. A message of hope was delivered unlike the dark and dismal diatribes from the Biden camp at their mediocre affair. When you compare Trump’s economic package with Biden’s socialist agenda, it amazes me anybody wants Biden as a President.
The fireworks were spectacular, lighting up the night behind the Washington monument. The celebration of Trump’s nomination and the great hope for the future of our country was felt by all of us, especially after weeks of looting, destruction, and fear orchestrated by Biden’s malicious supporters.
I compare the two conventions in this way: The Democrat Convention was like lying in a bed of Poison Ivy while choking on fumes, while the Republican Convention was like walking through a garden of roses and breathing exotic perfume. The Republicans put on a spectacular show while the Democrats wallowed in a display of mediocrity, just like their dangerous platform, which if implemented, will destroy the greatness we Americans have worked for all our lives and are enjoying since Trump’s election.
The looting and rioting, seemingly condoned and supported by the Democrats in an effort to set up the authoritarian, Marxist lifestyle which is the crux of Antifa and Black Lives Matters’ clear method and intention to reconfigure the government of the United States into a society that none of us will recognize. This was discussed and determined to be something that must end. Trump will fix it, while Biden will make it worse. Ironically, many folks were attacked outside the White House by these despicable hoodlums, including Senator Rand Paul. If it were not for the heroism of 4 police officers, Senator Rand Paul and his wife could have been killed.
Here is the bottom line: The Democrat Party is not what we want in this country. Biden is not what we want in this country. Poverty, fear, and death are all there will be if Biden wins. Wealth and prosperity will be our destiny if Trump is successful.
Interestingly, Biden received no bump in the polls at all, while Trump has moved up to a virtual tie at this point. The momentum is in Trump’s favor and I am praying for a victory in November.
Stay tuned folks. A lot will soon be happening and much about Biden’s lack of character and total dishonesty will soon be exposed. As always, your feedback is welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
I heard there was a racial, protest truck in front of Skadden Arps Delaware office earlier this year, basically saying the firm was not diverse in Wilmington, when it comes to hiring practices. The Reverend Al Sharpton was complaining about racial diversity, as well, in regard to Skadden’s Delaware operation.
Apparently, many black lawyers feel uncomfortable in certain law firms and when they do get hired, they don’t stay? The diversity issue, which is another incessant rub from many Black individuals, is certainly not an issue of mine, however the notorious law firm of Skadden Arps is mentioned in an article that came across my desk and it caught my attention.
Indeed, considering the notoriety Skadden gets in America’s First State, with its former partner, Chancellor Andre Bouchard, seemingly still quite involved with them, it is always a reason for this pundit to take a look. I read it and found it interesting.
Let me know your thoughts.
Respectfully Yours,
JUDSON Bennett-Coastal Network
https://www.law.com/americanlawyer/2020/08/24/why-they-left-black-lawyers-on-why-big-law-cant-keep-them-around/?cmp=share_twitter
Why They Left: Black Lawyers on Why Big Law Can’t Keep Them Around
Big Law is failing Black lawyers. The stories of those who have left can help explain why.
By Dylan Jackson | August 24, 2020 at 03:49 PM
Kinika Young didn’t leave Big Law because of anything overtly racist. It was more subtle than that.
She didn’t mind the work at Bass, Berry & Sims, the largest firm in Tennessee, with nearly 300 lawyers. As an introvert, it was the social navigation that frustrated her, she says—the unwritten rules. Her first couple of years at the firm went terribly. She felt unable to connect with her colleagues. Several years removed from her time at the firm, she’s surprised to look back and realize she stayed for more than a decade.
“If you had told me in that first year that I would be at the firm over two years, I would have called you a liar,” says Young, who started at the firm as a summer associate in 2006 and went on to become a partner in the firm’s health care practice.
She struggled so much socially at Bass Berry that another Black attorney once took her out to lunch and bluntly laid everything out for her.
“She told me that I should start over at another firm because ‘people don’t like you and don’t think you like being here,’” Young says.
Years later, Young is the senior director of health policy and advocacy at the nonprofit Tennessee Justice Center, another in a long line of Black lawyers who have left Big Law over the years, feeling that their path to a future within their firm has been closed off.
Despite the rocky start, Young kept her head down and continued to work hard. Eventually, she caught the eye of a partner who was impressed with her work for him and talked her up in a partners meeting. Everything changed for her after that—despite the fact that she herself hadn’t. Colleagues began treating her better, and she was put firmly on the track to partner.
“It seemed like, after the white partner vouched for me, people decided it was worth their effort to engage with me,” Young says. “They were friendlier and started conversations with me on topics that I could relate to, like travel, food, TV, music, pop culture, etc. They took the time to get to know me and what I was into, rather than expecting me to be able to talk about what they were into.”
Black attorneys are—and have always been—significantly underrepresented in the legal profession, more so than Latino and Asian American lawyers. Despite comprising more than 13% of the U.S. population, less than 2% of Big Law partners are Black, according to ALM data.
Several Black lawyers who left large law firms described to The American Lawyer the challenges they encountered, even while acknowledging that new opportunities played an important role in drawing them away from their firms, whether toward a nonprofit, an in-house legal department or a new firm. But that factor does not absolve their firms or the industry. Ultimately, they each left because they felt they had gone as far as they could go within their firm. Faced with a lack of mentorship, or an unattainable promotion to partner, or cultural isolation, they joined the scores of Black attorneys who leave Big Law each year.
“Culturally, you want to be somewhere where you’re recognized and you’re valued as a person, versus just being the one Black person,” Young says. “It doesn’t have to be anything racist that comes up in the meeting. Just sitting in a room and not seeing anybody that looks like you feels incredibly lonely.”
Thompson Hine attorney Ernest Tuckett knows this isolation well. A Bronx native and a first-generation college graduate, he was fresh out of Georgetown Law School when he joined Arent Fox in 1995.
The white-collar Washington, D.C., professional world was unfamiliar to Tuckett. He, too, found himself struggling to fit into these spaces. He often felt torn between competing concerns, balancing his introversion and his desire to carve out a career as he learned to navigate a new landscape.
“There were a number of times where I felt that I had to be super proactive and entrepreneurial inside the firm to stay connected,” Tuckett says. “I still don’t know whether to count that up to race or whether I was introverted. I did often feel a bit isolated in that way.”
Tuckett suffered no shortage of work at Arent Fox. He racked up three court cases and arbitrations early in his career. But, like many associates, he relied on partners to keep him busy. When a partner he worked closely with would leave, he’d have to scramble to find another. He often felt lost.
Ultimately, after several years as counsel, Tuckett saw no path to partnership. He left to join DuPont’s legal department in 2006, where he spent nine years, rising to become general counsel of DuPont Canada. He counts those years in-house as the best in his career.
“I always found my own connections when things dried up,” Tuckett says of his time at Arent Fox. “There’s this sense of, ‘Is there anybody here that’s responsible for my well-being?’”
For former Skadden, Arps, Slate Meagher & Flom attorney Warren Allen, there was.
“People relatively high up in the firm supported my career,” Allen says. “I couldn’t say why, or that my experience was even typical within Skadden.”
After joining the firm as an associate in 2007 as a former police officer, Allen found that he was adept at investigation work, and he quickly developed a relationship with a powerful rainmaker, Fred Goldberg, which Allen says made all the difference. He stayed at Skadden for 12 years, including five as of counsel, handling internal investigations for companies and their boards, before becoming a founding member of WTAII, a small firm in Arlington, Virginia, in 2019.
Mentors help attorneys—particularly minority attorneys—navigate the complex social and cultural hierarchies of a firm. They are a guide to the unwritten rules that thwarted Young. Everybody makes mistakes, Allen says, especially in the early years. But for Black attorneys the consequences are more severe and unforgiving. Having a mentor as backup is essential.
“If you don’t get those early breaks and build those early relationships and find people that will show you the road map, you don’t know where to start,” Allen says. “For Black attorneys, the mistakes are treated differently than for white attorneys.”
When that happens, he says, it derails careers.
Like Tuckett, Allen spent several years as counsel before leaving Skadden to start his new firm. He had always wanted to start his own business and figured that becoming a partner and practice leader would be sufficient. But when it was clear he did not have the business case to make partner, he left to pursue that dream.
Research shows that attorneys of color have a disproportionately harder time than their white colleagues acquiring and developing significant books of business. Smaller books of business, in turn, make it difficult to reach the partnership, as was the case for Allen and Tuckett. The gap is reflected clearly in Big Law’s poor retention rate for Black lawyers.
Allen argues that having a book of business isn’t always a reflection of a lawyer’s work ethic and capabilities.
“You have to ask, ‘OK, why don’t candidates of color have the book?’” Allen says. “You don’t have friends in your network that are high-level CEOs.”
At Skadden, Allen says he saw partners on their way out of the firm hand their book of business to another attorney, effectively giving that attorney the business case needed to make partner.
“Meritocracy alone does not always explain how lawyers get their books,” Allen says. “Some attorneys inherit client relationships, and that is less common for attorneys of color.”
The stubborn step into equity partnership is exacerbated by the industry’s economics, Allen adds. Because of a near-singular focus on profits per equity partner, law firms have become increasingly stingy with partnership promotions. It now takes an even larger book of business to be considered, further complicating the task for minority attorneys.
“This is not just Skadden,” he says. “You see firms make fewer opportunities for partner. That perpetuates that model, because it disproportionately affects diverse attorneys.”
To Tuckett, the absence of a meritocracy creates an opportunity. Because first-year associates are nearly indistinguishable in terms of their legal skills, law firms that want to retain more Black attorneys need only ensure that their Black associates are getting the mentorship they need, he suggests.
In his mind, it’s as simple as a firm having the stomach to place Black associates with firm rainmakers and task those rainmakers with shepherding their young lawyers into the partnership, checking up on their progress quarterly.
“Instead of saying, ‘Why don’t we have Black partners?’ just ask, ‘Is there a Black person in your group that we can groom along with this person?’” Tuckett says. “Because nobody comes out of law school with ‘the stuff.’ Black talent will not be any worse than the talent you found. So go out and find Black people.”
If firms develop more Black attorneys, the cultural issues and feeling of isolation those lawyers confront will become easier to manage, Young says.
“The reason that Black attorneys don’t stay in large numbers in white-led firms and other organizations is the same reason why you still have the racial disparities that play out in larger societies,” she says. “When you don’t have a critical mass of Black attorneys in the space, you don’t create a welcoming environment where those attorneys can thrive.”
None of Skadden, Bass Berry or Arent Fox responded to requests for comment for this story.
With the country roiling in outrage over police killings of George Floyd, Breonna Taylor and other Black men and women, Young sees it as the duty of law firms and the legal profession to set an example for the rest of the country. She expects firms and lawyers to be passionate advocates for equality.
To Young, that means looking beyond the scope of the legal profession and addressing inequities in broader society. Issues of racism, bias and discrimination in law firms are reflections of those same problems writ large. Without confronting racism and its manifestations outside of law firms, rooting the problem out of law firms is an impossible task.
“Employers like law firms and other corporations can focus on investing in those programs that then help people of color to be put on the right pathway to achieve in higher education,” Young says. “Law firms can be thought leaders and early adopters in changing the culture of America.”OPINION
Dear friends,
Obviously Delaware’s Democrat Governor John Carney is possibly tone deaf (or color-blind) to what is going on in the real world these days. If he’s interested in another term, he better not only recognize, but actually address certain negative issues, involving the treatment of Delaware’s inmates. With the unnecessary deaths of several prisoners from the Chinese Virus, especially in light of turning down a gift of thousands of preventative masks to help against the spread, there are quite a few voters who are quite upset. When this issue is combined with Carney’s calloused and authoritarian actions in shutting down businesses, forcing many into financial destitution, I would say he is definitely vulnerable to a defeat in November.
Citizens for Pro Business Delaware is an action group with whom I do not always agree, however their positions on the need for judicial reform and helping businesses prosper is very much in line with my thinking. They have earned my respect by joining “Justice for Prisoners” in conducting protests to get the Governor’s attention.
Apparently Governor Carney, in maintaining his incessant and unrelenting attitude, is not communicating or addressing the situation. So be it. Whoever emerges victorious from the Republican primary could be Delaware’s new Governor, if that winner embraces the right message beyond just the normal left vs. right issues.
Please read the article below from the Citizens’ group and let me know your thoughts.
Sincerely yours,
JUDSON Bennett-Coastal Network
SCROLL DOWN
https://www.businesswire.com/news/home/20200826005529/en/Citizens-Pro-Business-Delaware-Joins-Justice-Prisoners-Rally
Citizens for a Pro-Business Delaware Joins Justice for Prisoners Rally to Demand Humane Inmate Conditions in Delaware Prisons
Advocates gathered following Governor Carney’s refusal to meet with protestors for weeks despite double-digit COVID-19 deaths in the state’s correctional facilities
August 26, 2020 10:14 AM Eastern Daylight Time
DOVER, Del.–(BUSINESS WIRE)–Following Governor Carney’s continued silence and refusal to meet with advocates for humane inmate conditions, dozens of protestors gathered outside of his Dover residence to condemn his negligent, disastrous response to COVID-19 in Delaware’s prisons, where prisoners have been sickened and killed by COVID-19 at the 5th highest rate in the nation.
The latest protest comes two weeks after Justice for Prisoners activists last gathered in Dover to demand a meeting with Governor Carney to address and correct the inhumane and degrading treatment of prisoners in the state’s correctional facilities. The group has pledged to continue protesting until their demands are met.
Said Heather Morris, organizer of Justice for Prisoners, “Two weeks ago, Governor Carney evacuated his staff from their offices rather than actually addressing the suffering of our loved ones due to inhumane treatment in the facilities he runs. Since then, he has refused to meet us face-to-face, so we’re here today to hold him accountable. Under Governor Carney’s watch, 10 prisoners have died due to COVID-19 – it’s well past time for the Governor to listen to our demands and offer proper medical care to the inmates under his care. Enough is enough.”
Justice for Prisoners protesters will be joined by members of grassroots advocacy group Citizens for a Pro-Business Delaware (CPBD) and Food Not Bombs Wilmington, alongside concerned Delaware residents and other friends and family of incarcerated individuals.
“Having spent time in these facilities, I know what it’s like for Delaware’s prisoners even in the best of times. In the middle of a global pandemic, though, the conditions would be downright horrifying,” said Maurice Plummer, a Citizens for a Pro-Business Delaware activist. “I’m here because no human being deserves to have their lives discarded because of a mistake. It should be apparent that prisoners are humans who deserve adequate medical care and protective equipment, but Governor Carney’s actions show that he disagrees. That’s why we need to keep standing up and demanding those rights – silence is not an option.”
Said Chris Coffey, Citizens for a Pro-Business Delaware campaign manager, “It’s shameful that over five months into a pandemic that has ravaged prison populations across the country, we still have to protest for basic human rights to be granted in Delaware’s prisons. It’s even more shameful that Governor Carney’s response was to post police officers outside of his house rather than engaging in dialogue with peaceful protestors. Governor Carney’s COVID-19 response is a stark symbol of his blatant disregard for marginalized communities across the state. From police reform to judicial accountability to criminal justice, Governor Carney has shown time and time again that his main focus is protecting the status quo, not helping Delawareans in need. But that just means we’ll have to fight twice as hard to have our demands for proper care and safety met, and that’s what we plan to do.”
Justice for Prisoners are demanding universal testing and PPE for all guards, staff and inmates. They are asking the state to remove the co-pay inmates must pay to receive medical care and the protection of the right to shower and launder, both of which were claimed by inmates to have been denied. The groups calls for transparency in how the system is tracking prisoners as “recovered” from COVID in their reporting and accountability for retaliation from guards or prison staff on inmates that speak out regarding their poor treatment.OPINION
Dear friends,
After weeks of bad news, stressed out by the lock-downs, the riots, and the looting combined with the recent fallacious and absurd Democrat Convention where the greatest empty suit and false prophet in United States history, Joe Biden, along with Kamala Harris, a left-wing, authoritarian socialist, were both officially nominated as candidates for President and Vice President of the United States respectively, I am so over it.
After listening to the horrible and erroneous diatribes about our President Donald Trump’s so-called mishandling of the Chinese virus and the absurd and malicious denouncements of his so-called racism, it was beyond disconcerting for this Republican Patriot. The anger and disgust I felt were extreme and most upsetting. Nothing but one lie after another! The only positive thing I saw was apparently “Sleepy Joe” can read a teleprompter after innumerable attempts. I heard from my spies, in order to complete his acceptance speech without blundering, he had to do it in 3-minute intervals, so he could get through it in a cohesive manner. Then it was taped to appear as if it was all done contemporaneously? NOT, and I have been told by very reliable sources that he is not capable of doing so.
Frankly, I thought Jill Biden’s performance was over the top, condoning the years of Biden’s ineptitude. Green, in my view, is not her color; her dress was a little too big, and even though she is an attractive woman, she was in no way stylish in her appearance. The thought entered my mind that perhaps she is not first-lady material? I kept thinking how could she have ever left a great guy like Bill Stevenson to hook up with a complete phony like Joe Biden, which I am sure influenced my thought process!
I must say it was wonderfully refreshing and yes delicious for me and I am sure millions of others to finally witness in the opening days of the Republican Convention, the truth be brought out about Donald Trump. Medical professionals and experts testified to the outstanding, prudent, and caring operation this man led in order to save millions of American lives, especially by closing entry from China and Europe. The efficiency and fabulous creativity in producing supplies, ventilators, masks, were absolutely outstanding and could only be done by someone with Donald Trump’s tenacious abilities. It has now been proven to the American people that Trump has done a spectacular job in regard to the Coronavirus. REMEMBER—BIDEN overtly and maliciously criticized the closing. Millions would have died if Biden had been President!!!! GET THAT LOUD AND CLEAR!
Spectacular speeches by former professional football star Herchel Walker and Senator Scott from South Carolina, both African Americans who debunked beyond any doubt, the false claims by the Democrats that Donald Trump is a racist. These gentlemen, each in their own way expressed the heart of Trump’s humanity and made it clear to the American people.
The idea that African Americans cannot think for themselves and are lumped into one box of limited capacity, as has been stated by Joe Biden, was magnificently ridiculed and destroyed by Senator Scott. Indeed, the sometimes rude, grumpy, blunt, audacious, New Yorker, President Donald Trump, was shown to be the caring, effective, and brilliant leader we deplorables know that he is and the reasons why we voted for him in the first place. The convention has given us hope and revived our spirit.
I believe Trump is going to win this election and we will live long and prosper because of it. The polls have changed, Biden’s once media-hyped lead has disappeared. So be it and I am again optimistic.
God bless President Donald Trump and God Bless America.
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Delaware’s John Carney (D) has shown his true colors in his tenure as Governor. I think he is shaking in his boots at the idea of an actual PAC fund being created to take him on and expose his authoritarian operation that has killed many businesses and indirectly killed some vulnerable inmates in a Delaware prison. Under the Governor’s rule, countless millions of dollars in government contracts and no-bid legal fees from TransPerfect go to “scandal-ridden elite firms like Skadden Arps.”
Citizens for Transparency and Inclusion (CTI) Political Action Committee (PAC) has $1,000,000 to use against Carney and it will be righteously spent. “While he claims to have run the state ‘exceptionally well’ during his tenure, it’s clear that Governor Carney’s administration continues to work for the elite few while average Delawareans struggle to get by,” the PAC spokesman said.
Robbing from rich companies, while also robbing from the poor? What kind of legacy is Carney leaving behind? The Republican field can damage his legacy this election season. Interestingly, Julie Murray (R), one of several candidates running for Governor in the Republican primary in September, actually raised more money than Carney did, according to the last report. Carney has failed in transparency, refused to consider judicial reform, and ignored prisoner welfare. Carney in my view is truly vulnerable. When a bunch of people form a PAC to take you out, you should be concerned.
Please read the interesting article below which indicates to me that Delaware, even with the Biden influence, might not remain so blue. Check it out and send me your thoughts.
Sincerely Yours,
JUDSON Bennett-Coastal Network
CoastalNetwork.com
https://www.businesswire.com/news/home/20200818005188/en/DE-Governor-Carney-Launches-Attack-Citizens-Transparency
Governor Carney Launches Attack on Citizens for Transparency and Inclusion PAC While Refusing to Address Police Reform, Judicial Accountability, and Prisoner Welfare
August 18, 2020 09:00 AM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Following news that Governor Carney’s campaign sent a fundraising email to supporters misrepresenting the $1 million Citizens for Transparency and Inclusion (CTI) Political Action Committee’s goals and his own record in office, CTI spokesman Chris Coffey released the follow statement:
“Governor Carney’s latest effort to smear our mission to promote transparency, diversity and inclusion in Delaware’s state government is yet another bad-faith effort and ad hominem attack that fails to address the issues plaguing his administration.
“Governor Carney’s latest effort to smear our mission to promote transparency, diversity and inclusion in Delaware’s state government is yet another bad-faith effort and ad hominem attack that fails to address the issues plaguing his administration.
“While he claims to have run the state ‘exceptionally well’ during his tenure, it’s clear that Governor Carney’s administration continues to work for the elite few while average Delawareans struggle to get by.
“Under Governor Carney’s watch, we have seen millions of dollars in government contracts and no-bid legal fees go to scandal-ridden elite firms like Skadden Arps that have zero Black or Latinx partners. Meanwhile, the median household income for Black and Latinx households is half that of white households in Wilmington, Delaware’s largest and most diverse city.
“Governor Carney claims he has ‘has ably dealt with crisis after crisis,’ including a prison riot and its aftermath, but his violently putting down protests and prosecuting the prisoners involved showed us differently. In fact, three years after the Vaughn Correctional Center unrest, Governor Carney’s callous disregard for the lives of prisoners in his care has allowed Delaware’s inmates to be sickened by Covid-19 at the fifth-highest rate in the nation while ten inmates have died of the disease, leading to sustained protests outside the Governor’s office.
“When Governor Carney baselessly attacks our group to solicit donations from well-heeled members of the Delaware elite, it sends a clear signal that his main focus is protecting and preserving the corrupt status quo and those who benefit from it, not helping Delaware’s most vulnerable communities.”
Citizens for Transparency and Inclusion is a Political Action Committee that promotes transparency, accountability, diversity, and inclusion in Delaware’s state government and court system. Learn more at CitizensPac.DE. OPINION
Dear friends,
The appearances of impropriety and corruption in Andre Bouchard’s Chancery Court are so concerning, with calls for reform so loud, that even the liberal Delaware News Journal is no longer silenced by the Chancery Court’s powerful cronies.
The “Delaware Way” must stop. We’re hearing more on this with Joe Biden running for President with clear credibility issues in Delaware, and with John Carney vulnerable in the Governor race, especially with a million bucks against him in a new PAC fund. The “Delaware Way” is the way things have been done in America’s First State. It must be investigated and discontinued. As far back as I can recall, those in power in Delaware decided who would be prosecuted and controlled the outcome. The fix was in for what was expedient and beneficial; most often not for what was fair and equitable.
Please read the Op-Ed below, published by the News Journal. It clearly shows the heartfelt concerns of a victim who experienced it firsthand and has effectively written about it. Please read it and let me know your thoughts.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
COASTALNetwork.com
https://www.delawareonline.com/story/opinion/2020/08/21/opinion-delawares-rigged-system-keeps-minorities-down-must-end/3408813001/Why I’m continuing to fight: The state’s rigged ‘Delaware way’ must end | Opinion
Kevin Obarski
Special to the USA TODAY NETWORK
Five years ago, I watched helplessly as my job and livelihood were debated in a Delaware courtroom. As a senior member of the TransPerfect team, I saw firsthand how the “Delaware Way,” a complex maze of backroom deals and self-enrichment, completely cut out the average TransPerfect employee from the decisions that would decide their future.
At the time, I was shocked by Chancery Court Chancellor Andre Bouchard and court-appointed Custodian Robert Pincus’ complete lack of care or respect for TransPerfect’s workers. Now, I know that’s par for the course in Delaware, where elite lawyers, politicians, and corporate executives enrich themselves at the expense of normal Delawareans.
We thought we were being treated so poorly because most of our employees were Delaware outsiders living in New York and across the country, but what we came to realize was that the Delaware way that protects elite interests also pushes down communities of color and other marginalized groups in the state.
While we eventually saved TransPerfect and our jobs, the rigged system that continues to fail vulnerable Delawareans stayed in place, and we became a watchdog group to fight back against the lack of transparency and accountability in Delaware’s courts and government.
Op-ed continues below gallery.
Now, I’ve joined other advocates to launch a new Political Action Committee, Citizens for Transparency and Inclusion, to hold Gov. John Carney accountable for his administration’s many failures, including its disastrous handling of the COVID-19 pandemic, especially in the state’s prisons, its hollow support for racial justice, and its failure to end Delaware’s entrenched culture of political and judicial corruption.OPINION
Dear Friends,
I’m seeing on Professor Stephen Bainbridge’s web site how Leo Strine, the former chief justice of Delaware’s Supreme Court, has anointed himself with more accolades than the Queen of England?
Apparently nicknamed the “Manchurian Candidate”, Strine is in my view, a Doomsday Prepper—not for his own doomsday—but for Delaware’s economic doomsday. Frankly, I believe his leadership helped lead an already economic downturn to new lows in Delaware.
He’s a “Limousine Liberal” that claims to have supported workers all along. After seeing the results, someone should ask TransPerfect workers what Strine & Andre Bouchard did with the $300 million collected from that case?
When you obviously have operated with appearances of impropriety and apparent conflicts of interest in the TransPerfect debacle, I have to wonder if he actually did pull off the largest business heist in judicial history?? If he did, I would imagine his already inflated opinion of himself grows—no matter how scandal-ridden his past?
Kudos to Professor Bainbridge for having the balls to call foul on one of his own, Leo Strine, who’s ego seems to clearly dominate every decision.
He is called the “Manchurian Candidate”, Leo Strine. See the clever note from Distinguished Professor Bainbridge below.
What do you think of a man with such issues that he’s bloated his title 10 times, folks?! Would love to hear your thoughts.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.professorbainbridge.com/professorbainbridgecom/2020/07/leo-strine-must-be-more-important-than-the-queen-of-england.htmlLeo Strine must be more important than the Queen of England
I was recently reading a new paper from Leo Strine and noticed the amazing number of titles he now holds:
Michael L. Wachter Distinguished Fellow in Law and Policy at the University of Pennsylvania Carey Law School; Ira M. Millstein Distinguished Senior Fellow at the Millstein Center at Columbia Law School; Senior Fellow, Harvard Program on Corporate Governance; Henry Crown Fellow, Aspen Institute; Of Counsel, Wachtell Lipton Rosen & Katz; former Chief Justice and Chancellor of the State of Delaware.
My first thought was, how do you decide which title to list first? But then I noticed something. CJ Strine’s titles add up to 60 words. In contrast, the Queen only needs 33 words:
Elizabeth II, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of her other realms and territories Queen, Head of the Commonwealth, Defender of the Faith.
And she reigns over a Commonwealth of 54 nations with a total population of 2.4 billion people!OPINION
Dear Friends,
Former owner of the Stone Balloon Ale House and former husband of Jill Biden, Bill Stevenson, has a book coming out and it is going to be interesting. My associate Patrick Howley, has, with my assistance, presented a sensational preview of what could be coming in the National File publication. I have been conducting exclusive interviews with Bill Stevenson and I will soon be presenting my perception of this remarkable man who is indeed truly a Delaware icon.
You’ll hear more about the Delaware Way folks. We’ve seen it in our Chancery Court with Andre Bouchard and Leo Strine. The Good Ole Boy Network and the shady money flow to friends. We’ve seen abuse of power in our courts with Bouchard and Strine, and now we’re seeing it in Biden’s story too.
Please read the piece below which will give you some inklings about what is coming.
Respectfully Submitted,
Judson Bennett-Coastal Network
https://nationalfile.com/exclusive-jill-bidens-ex-husband-exposes-joes-aulterous-affair-lies-and-campaign-bribery New Book Will Reveal Massive New Details Before The Election
EXCLUSIVE: Jill Biden’s Ex-Husband Exposes Joe’s Adulterous Affair, Lies, And Campaign Bribery
New Book Will Reveal Massive New Details Before The Election
by PATRICK HOWLEY
August 12, 2020
Jill Biden’s ex-husband Bill Stevenson has completed an autobiographical book manuscript to be published before November’s election in which he devotes 80 pages to new bombshell details about Joe and Jill Biden, NATIONAL FILE has exclusively learned. The book claims that Joe and Jill began their romance in Delaware earlier than they have publicly stated, while Jill was still married to Stevenson, and that their affair led Stevenson to break up his marriage to Jill.
00:16
“The affair between Joe Biden and my ex-wife Jill started in 1974 when we were still married, not in 1975 as the Biden official story claims,” Bill Stevenson exclusively tells NATIONAL FILE. Stevenson noted that both he and Jill knew Joe Biden even earlier than that, having helped him with his 1972 Senate campaign. Bill Stevenson donated money to the Biden 1972 campaign. A millionaire businessman who donated car defibrillators to the NYPD, Stevenson now wants to get the truth out about Joe Biden’s stunning past misdeeds.
Bill Stevenson also blows the whistle on a bribery scheme in which Joe’s brother Frank took $3,000 from Stevenson ahead of Biden’s first Senate race to hand to the boss of the teamsters union to ensure that copies of the Wilmington News Journal, which endorsed Biden’s Republican incumbent opponent J. Caleb Boggs, were delivered three days late — after the polls had already closed. Shortly after the election, Joe Biden’s first wife Neilia died in a car crash. Joe Biden has claimed as recently as 2007 that the truck driver in the crash “drank his lunch,” but the late driver Curtis C. Dunn’s daughter disputed that her father was drunk and successfully asked Biden to apologize to her personally for the false claim. Apparently, the Dunn family has reached out to Mr. Stevenson but Stevenson refrained from discussing the crash at this time.
ILLICIT LOVERS
According to the Bidens’ official story, Joe first noticed Jill as a model in an advertisement and had his brother Frank fix him up on a blind date with her in March 1975, after Jill had already separated from Stevenson. In 1977, The Morning News in Wilmington, Delaware quoted Joe Biden as saying of his relationship with Jill, “It’ll be three years come March.” Thus, Joe Biden was claiming that the pair met in March 1975, as has been widely reported. Joe said, “My two brothers and sister were sitting around the house with me, all of them waiting to go out on a triple date. I said I’d like to go, but I didn’t know who to ask. Frank popped up that he knew this girl he had met at the university, so why didn’t I call her?” The Morning News reported that “And Jill Tracy was amenable to a blind date, which was to consist of a snack and a movie in Chadds Ford and Concordville, Pa, respectively.”
In August 2008, New York Times reporter Katharine Q. Seelye reported: “Joe Biden has said that he first saw pictures of Jill Jacobs in March 1975 in an advertisement for a local park in Wilmington, Del. The young blonde caught his eye. She was beautiful — you might call her drop-dead gorgeous. That night, his brother, Frank, told him he had the number of a young woman that the senator would like, mainly because she did not like politics. Biden called her the next day and asked her out, for that very night. She was busy. Biden persisted. He was in town for only one night. Couldn’t she change her plans? She did, finally. And when Biden arrived to pick her up, she turned out to be the woman in the advertisement.”
Stevenson and Jill were divorced in May 1975 and Joe and Jill married in June 1977 in New York City at the United Nations chapel. But now Stevenson is calling that story a fabrication.
Multiple inside political sources in Delaware who were active during the 1970’s told NATIONAL FILE that Joe Biden began his affair with Jill as early as 1974, when she was still known as Jill Stevenson, confirming Bill Stevenson’s version of events. The illicit lovers would often rendezvous at a Limestone Road Route 7 gas station called Midway Golf, according to a former Midway employee.
Bill Stevenson, who owned The Stone Balloon Tavern and Concert Hall, bought his wife Jill a brown Corvette as a gift. In 1974, an accident occurred when Joe Biden, who was driving the Corvette with Jill inside, backed into another motorists’ vehicle. Joe Biden initially promised to cover the cost of the accident but Bill Stevenson ended up paying the $650 bill.
When Stevenson confronted wife Jill about being in the car with Biden, Jill’s answer was not satisfactory to Stevenson. Stevenson said that he could not live with Jill anymore so he asked her to leave the house and they later divorced. Stevenson felt that the betrayal by Joe Biden was even worse than the betrayal by his wife, considering Stevenson’s close friendship with Biden and his financial contributions to the upstart politician. In their divorce, Jill tried to get half of Stevenson’s assets but the judge ruled in favor of Stevensson.
Shortly thereafter, Joe Biden’s brother Frank Biden approached Stevenson and suggested he leave town because he was now a liability to Joe Biden’s political career.
Years later, Bill Stevenson attended an event at the invitation of MBNA founder Charles Cawley, who was with Biden at the event. Biden saw Stevenson and simply turned away and made a disparaging remark about Stevenson to Cawley.
Jill Biden admitted in her book Where The Light Enters that she attended Joe Biden’s 1972 victory party with Bill Stevenson, where Jill met Joe’s first wife Neilia, but the Biden official story still maintains that they did not begin dating until 1975.
Bill Stevenson’s book will undoubtedly make major waves during the 2020 presidential election. NATIONAL FILE will continue reporting details regarding Joe Biden’s history in the state of Delaware, based on firsthand accounts by Delaware residents who knew Joe Biden well. A new personal interview with Stevenson is being conducted and will be published in early September.
TO BE CONTINUED AND STAY TUNED…OPINION
Dear friends,
Fascinating folks! The Dover Post is actually holding Delaware Governor John Carney’s feet to the fire! He needs to be held accountable for the misdeeds that have occurred under his watch.
In my view, he must answer for his irresponsible oversight of the Chancery Court and how it appears to have corrupted Andre Bouchard. Has he abused his position by throwing cases and money to his pals? There’s no doubt in my mind.
If you’re lucky enough to be his previous employer, Skadden Arps, you may just have millions of dollars ordered paid to you without having to show an invoice or account for any of claimed time?
The Chancery Court needs transparency, oversight, and reform. Frankly, at this horrific point, with the image of Delaware courts destroyed nationally and internationally, in my opinion, Chancery needs new management. This rotten apple has spoiled the bunch.
Regardless of their political party, my readers are anti-corruption and all have one thing in common that could eventually spell curtains for Bouchard and his cronies — they all vote!
Read the story below and, you be the judge.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.doverpost.com/story/news/2020/08/13/citizens-pro-business-delaware-pac-opposes-governor-john-carney/3368379001/ Citizens for a Pro-Business Delaware launches PAC opposing Gov. Carney
Ben Mace Smyrna/Clayton Sun-Times
Aug. 13, 2020
This week, the grassroots advocacy organization Citizens for a Pro-Business Delaware announced the creation of a political action committee with plans to spend about $1 million to oppose the governor’s re-election bid.
The PAC “will work to hold Governor John Carney accountable for his failures on issues including police reform, judicial accountability, and his administration’s disastrous response to COVID-19 which has put communities of color and prisoners in the state’s correctional facilities at significant risk,” according to a press release.
In the Democratic primary Sept. 15, Carney faces a challenge from David Lamar Williams Jr. Six Republicans have filed for the governor’s race. The general election is Nov. 3.
The PAC, Citizens for Transparency and Inclusion, expects to spend about $1 million ahead of the elections. The PAC will launch this week with a $150,000 commercial ad buy “slamming” the governor.
“From his first day in office, Governor John Carney has consistently shown the Delawareans he claims to represent that the only thing he cares about is protecting the status quo that keeps entrenched interests in power, while those in need continue to struggle,” said Chris Coffey, Citizens for a Pro-Business Delaware campaign manager.
“While our most vulnerable communities have been left defenseless in the fight against police brutality, and as nine Delaware citizens have been shot and killed by police officers with impunity during his term, what has Governor Carney done to keep our neighborhoods safe from those who are supposed to protect us?” said Coffey. “Why is it that under his ‘leadership,’ people of color make up over 60% of Delaware’s prison population, but only 15% of judges on the state’s top courts? Why did Governor Carney simply shift diversity from the state’s Chancery Court to the state’s Supreme Court, leaving Chancellor Bouchard with an all-white Chancery Court once again?”
Response from Gov. Carney’s campaign
In a statement, Carney’s campaign said, “The Governor listens to his constituents and tries to represent their interests. He’s not paying much mind to an out-of-state multimillionaire with an axe to grind about a decision in Chancery Court.”
While their primary goal of saving the company has been accomplished, they continue their efforts to fight for more transparency in the Delaware Chancery Court.
“Can anyone explain how his administration continues to allow millions of dollars in contracts and no-bid legal fees to be given to scandal-ridden firms like Skadden Arps by Delaware’s government and courts?” said Coffey. “Why is Governor Carney so afraid to stand up to the legal and corporate insiders that make up the state’s ruling class?”
Citizens for a Pro-Business Delaware attempted to donate masks for Delaware prison inmates, but the Department of Correction rejected the offer. Then the department accepted a donation of masks from the nonprofit REFORM Alliance with help in arrangements from state Sen. Darius Brown (D-Wilmington).
In a Dover Post story in July, Coffey said,“We offered 4,600 masks to the Delaware Department of Correction to protect inmates nearly two months ago, but were turned away by the agency, which claimed it had ‘sufficient supply chain’ to procure the masks it needed. That the DOC accepted masks when they came from the REFORM Alliance makes it painfully clear that this was a politically-motivated lie.”
But DOC Chief of Community Relations Jason Miller said, “It is absolutely not about politics,” in the July Dover Post story.
When asked why the department accepted REFORM’s masks, Miller said that REFORM’s offer was “unconditional,” while Citizens for a Pro-Business Delaware sought to distribute masks to each inmate, specifically.
“Community organizations do not dictate to the DOC how to maintain safety and security in its facilities. That includes decisions about the distribution of face masks to inmates,” Miller said. “Mr. Coffey’s communications with DOC asserted their understanding that inmates were not being given face masks. He wrote specifically to the DOC: ‘I have 4,600 masks. One for each inmate.’ That condition seems very clear.”
Coffey said Citizens for a Pro-Business Delaware would have allowed the DOC to use the masks at their disposal.
“And as nearly 600 Delaware citizens have died of Covid-19, disproportionately poor and people of color, while over 14,000 have gotten sick, why hasn’t Governor Carney put together a meaningful plan to address Covid-19 in this state?” said Coffey. “As Governor Carney travels across Delaware looking for votes, he must be held accountable to his voters. The ‘Delaware Way’ of rich, white men ruling the state government and judiciary must end, and communities of color must be represented and supported. We’re launching this PAC to make that happen.”
Editor’s note: The Dover Post story in July about the mask donations to the Department of Correction was written by Shannon Marvel McNaught.OPINION
Dear Friends,
The November election for President of the United State is the most important election in U.S. history in my view and everything about the candidates must be vetted. I have researched everything there is to know about Joe Biden and his family — having watched “The Delaware Way” all my life, with its “Good Ole Boy” operation. It certainly inspires suspicion about Joe Biden who may have pulled some strings to give his family members special preference — very suspicious because if we did what Biden’s relatives did, we would do some jail time?
The story below speaks for itself. Let me know what you think.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
https://nypost.com/2020/07/11/joe-bidens-family-has-a-long-rap-sheet/amp/
Joe Biden’s family racks up arrests for drugs, drunk driving — but no jail time
By Jon Levine
July 11, 2020 | 11:48am
Hunter and Joe BidenTeresa Kroeger/Getty Images for World Food Program USA
In August 2019, Caroline Biden, 33, a niece of former Vice President Biden, was busted in Lower Merion Township, Penn., for driving under the influence and without a license, public records show. While the case is active, it’s unlikely Caroline will face much in the way of consequences — if history and Biden family rap sheets are any guide.
Her arrest, which was never made public, was at least the ninth among Joe Biden’s close family, and followed incidents involving his brother Frank, his son Hunter and his daughter Ashley. The cases — ranging from felony theft to drug possession — were all either thrown out, or resulted in light sentences with no jail time, according to a Post review of public records and published reports.
The Pennsylvania drunken-driving collar was the third run-in with the law for Caroline, who is the daughter of Joe’s younger brother, James Biden Sr. In September 2013, she was booked for allegedly hitting an NYPD officer during a full scale meltdown at her Tribeca apartment, following a dispute with a roommate over unpaid rent. The case was dismissed after Caroline agreed to anger management treatment.
In 2017, she was busted for spending more than $110,000 on a stolen credit card. A felony conviction was later tossed, and she was allowed to re-plead to the lesser charge of petty larceny as part of a sweetheart deal negotiated by her attorneys. She avoided jail time.
There is no evidence that Joe Biden, now the presumptive Democratic nominee for president, ever personally interceded on his family’s behalf — but the string of favorable outcomes has raised eyebrows.
“Eric Garner or George Floyd on the day each died could have benefited from the Biden touch,” criminal defense attorney Robert Barnes told The Post. Barnes — who is currently representing “Central Park “Karen” Amy Cooper — added that the kid gloves for Biden’s kin was “very unusual treatment when looking at the … treatment over time, geography, and kind of crime involved.”
Biden’s campaign spokesman TJ Ducklo, when asked if Biden ever made phone calls to law enforcement on behalf of busted relatives, said, “No he didn’t, and this entire story is garbage.”
The trouble for Ashley Biden, 39, started with a pot bust when she was a student at Tulane University in 1999. New Orleans police confirmed the possession arrest of the daughter of the then-Delaware senator, but no conviction was recorded in court records.
Ten years later, during her father’s vice-presidency, video circulated showing a woman resembling Ashley snorting what appeared to be cocaine at a party. Joe Biden refused to comment on the reports, and there were no legal consequences.
A second misdemeanor arrest for the Biden daughter was reported in 2002 after she allegedly attempted to obstruct a police officer — making “intimidating statements” — after a bottle-throwing brawl outside a Chicago bar. The charges were dropped.
Ashley hung up the phone when contacted by The Post.
Joe Biden’s brother, Francis ‘Frank’ Biden, 66, won the prize for the most bizarre Biden family bust when he allegedly stuffed two DVDs from a Florida Blockbuster down his pants in October 2003, cops said. He was 49 at the time. He never showed up for a scheduled court hearing on the attempted theft and the state attorney declined to prosecute, according to records obtained by the Miami New Times.
He had more serious scrapes with the law. He was pinched in August 2003 for drunk driving in Fort Lauderdale, earning six months probation. He was arrested a year later for driving with a suspended license but avoided jail again by spending three months in rehab. In 1999, Biden was a passenger in a car involved in a fatal drunk-driving accident. He was found partially liable for the death of 38-year-old William Albano, and owes his family almost $1 million dollars, according to the Daily Mail.
Today, Frank Biden works as a senior advisor to the Berman Law Group. He did not respond to request for comment, but has said previously that he has been “sober for a long time.”
Biden’s son Hunter’s long history of drug abuse began in 1988 with an arrest for drug possession — at around the same time his father was intensifying his War on Drugs bonafides and pushing for stiffer sentences for drug users. “I was cited for possession of a controlled substance in Stone Harbor, NJ. There was a pre-trial intervention and the record was expunged,” he admitted in a disclosure after being nominated to serve on the Amtrak Reform Board in 2006.
The same year Hunter was arrested, Sen. Biden voted for the Anti-Drug Abuse Act, which specifically targeted the use of crack cocaine, making it the only narcotic with a mandatory penalty for possession. Since then, however, The Post reported that Hunter Biden was suspected of smoking the rock in 2018 by staffers at Archibald’s Gentlemen’s Club in Washington, D.C. He’s been in rehab at least six times for drugs and alcohol, and by his own admission spent four years addicted to crack. He is not known to have ever spent a day in jail.
THE BIDEN BUSTS
The rap sheets, and favorable court outcomes, of four Joe Biden relatives
Ashley Biden
Daughter, 39
Charge: Pot possession in New Orleans in 1999. No conviction recorded.
Charge: Attempting to obstruct a police officer in Chicago in 2002. Dropped.
Frank Biden
Brother, 66
Charge: DUI in Florida in 2003. Six months probation.
Charge: Petty theft in Florida in 2003. Dropped.
Charge: Driving with suspended license in Florida in 2004. Three months in rehab.
Caroline Biden
Niece, 33
Charge: Resisting arrest, obstruction of government administration, harassment in NYC, 2013. Case dismissed.
Charge: Grand and petty larceny in NYC in 2017. Two years probation; restitution of $110,000 in stolen credit card charges.
Charge: DUI, driving without a licence in Pennsylvania in 2019. Case pending.
Hunter Biden
Son, 50
Charge: Drug possession in New Jersey in 1988. Pretrial intervention program, records expunged.OPINION
Dear friends,
It’s only so long that Delaware’s top executive, Governor John Carney, can allow what I clearly see as CORRUPTION among his elite Good Ole Boys Club, friends like Andre Bouchard and Leo Strine, to fester in Delaware’s Court system. Eventually, Citizens will rise up and demand a reckoning for judicial malfeasance: Today is that million-dollar day!
The Limousine Liberals that run Delaware and take unfair advantage of workers to enrich cronies are about to get a trial in the court of public opinion.
Stay tuned to the Coastal Network for a front row seat!
Please read below and let me know your thoughts!
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20200810005443/en/1-Million-PAC-Effort-Launched-Governor-JohnOPINION
Dear Friends,
Please take a look at the ad in the story link below. I noticed in the middle of the latest ad from Citizens for a Pro-Business Delaware, Chancery Court Chancellor Andre Bouchard was mentioned, who makes less than $200,000 a year as a judge, yet I have heard from reliable sources, that Bouchard paid a $55,000 initiation fee to belong to the fancy Wilmington Country Club. He is apparently the Club’s mixed doubles Champion. He must do well in his personal finances, has done well in the past as a lawyer, has big family money that pays him large dividends, or could there be other sources?
As to the article, I do not support the BLM organization in any way and I believe Citizens for a Pro-Business Delaware is making a mistake affiliating with them — to each their own — but what’s interesting to me is that Bouchard is spending $55,000 on his club membership where he plays tennis and the Citizen’s group felt it necessary to put him in the middle of their latest ad. Citizens for a Pro-Business Delaware, pushing for racial justice, also advocates for change in the Delaware Chancery Court, so it seems they are taking a shot at Bouchard, which is amusing.
I am curious to know where is the money coming from?! Indeed it is my view, this notorious Chancellor cannot be more out of touch with Delawareans. How many folks in Wilmington ever see $55,000 in a year, much less to spend on a fancy country club?!
It is disturbing to this observer, that many employees were in the fight for their lives at TransPerfect, during the case that I believe the Chancellor bungled and manipulated for his buddies at Skadden Arps to get millions from. Indeed, it is still raging on!
Those workers fought for annual raises and many don’t even make $55,000 a year, which is what I understand he spent for his country club?
Can you not see the insulting situation here, folks?! Elected officials, please wake up and smell the extreme subjectivity and strange activity that I believe is happening in Bouchard’s Chancery Court… and fix it before he tarnishes our image worse than he already has, if that’s even possible. This is my view for what it is worth, folks.
That said, every once in a while, I have to state a disclaimer. I do not agree with, nor advocate, nor promote, anything in the article or ad below, however, it is significant. I would like to hear your feedback. It is always appreciated.
Sincerely Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20200730005637/en/Citizens-Pro-Business-Delaware-Joins-Protest-Governor-CarneyOPINION
Dear Friends,
I spent the entire day Tuesday watching the most ridiculous, offensive, and unfair Judicial hearing (supposed to be for the questioning of AG Barr), chaired by grotesque human being JERRY NADLER (Democrat from NY) — the most offensive and absurd US Representative in American history. Folks it was outrageous the way Mr. Barr, this esteemed, gentleman, was treated. It was beyond anything I have ever seen. Regardless of the malicious abuse he received from these pathetic jerks, he remained cool, calm, and collected.
Folks not one question or statement issued by any Democrat member had any closeness to being accurate. One abusive lie after another by these possibly misguided, more likely intentional misrepresentations, were outrageous, and what is the terrific rub here is Attorney General Barr was not allowed to answer or address the false statements. WHEN YOU CONDUCT A HEARING, the person the hearing is about is supposed to be heard??!
The Democrats are a joke, they are not competent to run this country! Anybody who saw that hearing, who is honest, would have to agree, or if not. they are part of the nefarious situation of pure Democrat treachery and an obvious attempt to move the country toward anarchy… I had a terrible day screaming at the TV folks!
Representative Jordan did win the day by showing explicit videos of the BLM/Antifa/ Democrats/ Anarchists looting, bombing, attacking, and creating havoc throughout America, but especially in Portland, Oregon at the Federal Courthouse, where 100 Federal Agents have to engage these evil anarchists every night and have for 63 days in a row!
Several officers have been severely injured and two may lose their eyesight! The democrats in this hearing TOTALLY IGNORED WHAT was obvious and were so stupid as to continue their clearly false rhetoric-one after another. It was a display of pure incompetence and political outrage.
Later, the networks cut away to Joe Biden who was giving a speech from his basement, who got a good makeup job, he looked better (because he usually looks bad), and was asked some pre-given, softball questions.
For the first time, he didn’t sound completely senile. I was not impressed at all. Indeed, he stated certain things about the “Chinese Virus” that he said should be done, that have already been done by Trump. This is the guy who castigated Trump for closing the border with China and with Europe. Biden clearly wanted to keep it open! Trump saved millions of lives by doing that. Biden would have killed us all if indeed he had been President. He was in charge of the Ebola scare and totally mismanaged that when he was VP.
What was most significant to this observer of Biden’s rather insipid presentation (indeed folks he is the most empty a suit of any person in politics), his platform, if you dissect it, is identical to that of Bernie Sanders. Universal Health Care, Forgiveness of student Loans, Increase in personal, federal taxes, increasing corporate taxes to 28% ending all Trade agreements, open borders, de-funding the police (he calls it redirecting funds) leading to eventual depression and loss of opportunity. Then when you resist, your freedoms are gone — you go to jail, loss of first amendment, 2nd amendment, and 4th amendment. We will be just like Venezuala within 5 years — guarenteed! Ocasio Cortez will be the energy CZAR and Beto O’rorke will be in charge of taking away your guns. GOD help America if you vote for and elect this false profit named Joe Biden. What I know makes me sick to my stomach about this man, and he is leading in the polls? God help us if we the people put Joe Biden along with these dishonest people back in power.
This is my view, I know it and I believe it.
As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett — Coastal NetworkOPINION
Dear Friends,
Prior to his career as Chancellor of Delaware’s once esteemed Court of Chancery, Andre Bouchard worked as an attorney for Skadden Arps for a decade. The firm has, in my view, a notorious national reputation and has been involved in some unsavory situations according to the US government.
They have infiltrated the system with former members on two Delaware courts. Bouchard’s close relationship with the firm has seemingly monopolized businesses in Delaware for decades. Bouchard not only worked as an attorney there but also kept in close contact with many of his previous coworkers and employers, including Robert Pincus — who he brought on as the custodian in the TransPerfect case. We all know how I see that guy after following his involvement with TransPerfect.
This all being said, please click on the link below which will take you to my website, which has many of my articles and posts from staff and guests. Listed there, you will find, from the considerable research of my staff, 10 very interesting things to know about Chancellor Andre Bouchard.
He holds one of the most powerful positions in the legal and equity business in Delaware and holds the legal power over any worldwide corporation that is incorporated in Delaware. I think he should no longer hold that position, based on past actions in cases such as the TransPerfect case.
Please click on the link and you will find it very interesting. Please let me know your thoughts.
BEST REGARDS,
JUDSON Bennett-Coastal Network
coastalnetwork.com/10-things-to-know-about-andre-bouchard/10 Things To Know About Andre BouchardOPINION
Dear Friends,
I am living in Palm Beach, Florida right in the middle of the apparent epicenter of the dreaded, Corona Covid-19 virus that the Communist Party of Red China intentionally dumped on America. I am now a senior citizen and I have diabetes. I have spent all of April, May, June, and July totally isolated. I exercise in the early morning by either a 10-mile bike ride or a mile swim in my condo pool. I shop at Publix for groceries and get take out for breakfast.
I wear a mask always. I don’t eat out, I don’t go to bars, and I don’t date anybody. When I am driving or getting gasoline, I worry about “Black Lives Matter” and “Antifa” anarchists that frequent intersections and gas stations. They never wear masks and crowd together, either begging for money or casting hateful stares that are slightly unnerving with the constant possibility I might have to defend myself. I carry a loaded pistol everywhere I go and keep a 12-gauge, loaded shotgun next to my chair at home. I am doing my best to survive and I have been following all the suggested or mandated (which change daily) precautions.
I have a cat that snuggles in my lap and purrs affectionately. She is the only real, alive close contact I have and indeed I love that delightful animal. I spend my days watching TV, writing articles, and communicating on Facebook, fighting to help re-elect President Trump who I believe if not re-elected, will result in the end of America as we know it.
Folks, it has not been a happy time for this old sailor. I am, I must admit, somewhat afraid and worried about the future. I have it better than many folks, however I feel tremendous anxiety and at times frustration because of the acute uncertainty that we are all living with, week-in and week-out!
Interestingly, compared to the operation of some absurd Governors, I felt Governor DeSantis of Florida has done a good job. A few months ago, while NY Governor Cuomo was sending thousands of seniors to their deaths in nursing homes, DeSantis was doing everything right here in Florida — protecting the elderly. Nationwide and especially here in Florida we obeyed the rules, closed our businesses and our beaches. We even had and still have a curfew in Palm Beach at 10 pm.
Unfortunately, this virus is terribly contagious. We were lulled into complacency and figured it was no big deal and DeSantis opened up everything while requesting, volunteer conditions. We were asked to maintain social distancing and to wear masks. The old saying, “you can lead a horse to water, but you can’t make him drink!”, is so very true!
I think every bar in Florida suddenly became packed, young people juiced themselves up like never before and stood 2 feet apart and without masks. I witnessed it myself and I can’t begin to tell you how disgusted I was! Beaches looked like anthills and everybody was literally on top of each other. Protests throughout Florida have not helped. BAM BAM, the virus leaped out again and we are now having 10,000+ new cases a day and 100+ people dying some days in Florida alone!
IT IS REAL AND IT IS HAPPENING! It is not a hoax!
All this being said, I find myself further disconcerted as there are huge arguments over whether masks are really effective or not. Apparently the cloth masks are porous and the virus can go right through them. The others are better, however, the data indicates social distancing is the most effective and masks could make a small difference.
Unfortunately, people are going broke and we must stay open or we will die as a nation. The bottom line is that until we get a vaccine, the virus and the economy must find a way to coexist. Each individual has to make his or her own decisions and take responsibility. If you are 40 and have no pre-existing conditions, go for it. If you are like me with diabetes, stay away. DeSantis intends to keep Florida open and to also open the schools. He has stopped the sale of alcohol across bars. Big signs everywhere — MASKS MANDATED! WE HAVE NO CHOICE — starve or open up!
There is an issue that might freak everybody out. The numbers may not be accurate and it might not be as bad as reported. The Florida Department of Health confirmed Wednesday that some private labs were not reporting negative COVID-19 test results to them, as required by the state. That ended up leading to 100-percent positivity rates being reported for those labs. Department of Health spokeswoman Olga Connor told Miami television station WPLG in an email to the effect that “public and private labs are required to report all of their COVID-19 test results to the state, regardless of whether the tests are positive or negative. In recent days, the Florida Department of Health noticed that some smaller, private labs weren’t reporting negative test result data to the state,” Connor wrote. “The Department immediately began working with those labs to ensure that all results were being reported in order to provide comprehensive and transparent data.” She went on to say that “the Department of Health will continue to educate labs on the proper protocol for reporting COVID-19 test results.”
On the other hand, some experts say the state might be minimizing the depth of its coronavirus problem by underreporting its rate of positive tests. They explain that the method used to calculate the “positivity rate” puts more emphasis on negative tests, thereby skewing the results in that direction. A person who tests positive is counted only once, although negative tests can be counted repeatedly if the same person gets tested multiple times. The state also reportedly mixes two different types of tests, including one that produces more false-negative results. The upshot is that the rate of positive tests provided by the state health officials makes the situation appear possibly better or worse than it is, experts say. What a mess! THE DEAL IS RIDICULOUSLY POLITICAL FOLKS!
So Folks, DeSantis who is a caring and intelligent man, who recognizes the need to open Florida back up, has got his hands full. Our children need to go back to school so they can effectively learn and so the parents can go back to work. He did remove the multi-million dollar virtual/internet study program because the kids are going back to school, so we don’t need to spend the money.
It is paramount that DeSantis, who is a good man, determine the true results of all of the massive testing happening here daily. It is important to know if things are really as bad as the experts say? This virus is truly esoteric and nobody really understands its constant re-evolvement, in different locations at different times.
I hope I am lucky and don’t get it. I hope you don’t either.
Regardless, this old Captain is hunkering down, trying to stay alive, fighting for life, liberty, and happiness without fear! Please stay safe and God bless you all.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
As a former political leader in the Delaware Republican party, being a district chairman, political fundraiser, campaign manager for two major statewide campaigns, a delegate, and an elected candidate myself for a local office, a former lobbyist and now a political pundit, please believe me folks when I tell you I know this political game, backward and forward. Indeed, in most cases, it is a dirty enterprise that often involves unethical practices with extreme opposition research. Indeed it is war, and pretty much anything goes to achieve a victory!
All this being said, I happen to believe that former Delaware Senator and former Vice President Joe Biden is corrupt in every way possible and he would not know the truth if it hit him between the eyes. I know everything about him, played football against him when I went to St. Andrew’s School and he was at Archmere Academy, I ran the campaign against Joe Biden, as Ray Clatworthy’s Sussex County campaign manager, who ran against Biden, the last time he ran for the US Senate. I always felt if we could have won, how history would have changed. We came very close! Folks, Biden, is unethical beyond belief and he should not be elected President of the United States. I find more and more evidence every day and the story you will read below is just more indication of his lifetime of political fraud.
I saw this Politico story below, which is about the same corruption and cronyism that I see in Chancellor Andre Bouchard’s operation in the Delaware Court of Chancery. I have been writing about the extreme bias and appearances of impropriety involving Bouchard’s former business partners and the incestuous crap that has become Delaware’s judicial system. It is apparently all part of the good ole boy, accepted “Delaware Way.” A wink, and a look, a plan, and a deal. They all scratch each other’s backs and everything seems to work out for those in power. The TransPerfect case was mishandled in “The Delaware Way” for the benefit of the special group. This case was not about campaign contributions, but about unethical distributions.
Before going further about the Politico story and how it relates to “The Delaware Way,” please be advised that there are hard and fast, established, federal laws about campaign financing. It is against the law to reimburse someone for a campaign contribution. You can go to jail for that. Also, if the recipient knows the funds are not collected properly and accepts them, he can go to jail. Often, an employer will get all his employees to make maximum contributions to a candidate, then he will reimburse the employee. It is called “BUNDLING.” Let’s say you have 50 employees, order them to each make $1000 contributions to Joe Biden for Senate and you have collected $50,000 for “Sleepy Joe” If the boss reimburses the employees and Biden knows about it, it is illegal as hell. It is extremely hard to prove, but with wiretaps, the right conversations, and determined cops, they sometimes get everyone involved. Frankly, Biden had a real near-miss, and should have been prosecuted!
The story below is about Chris Tigani and his liquor distributorship in Delaware. My son knew him, and he knew Beau Biden (Joe’s son). I know the family and I know his entire story. Chris got his employees to make contributions up to about $75K, he reimbursed them and then gave the bundled money to Joe Biden! It was “The Delaware Way” which in the story below, Chris Tigani speaks about. “The Delaware Way” got Chris some jail time and Joe Biden should have gone with him. The powers that make it all happen are covered because they always control the outcome. To its critics, on the other hand, “The Delaware Way” can look like a culture of favor trading and cronyism. It certainly is from my experience.
It is important to read the article, it is fascinating. Tell me what you think. Do you think the whole Biden group should have been prosecuted? Do you think Biden should be President?
Do you see the similarities and the corruption and cronyism in “The Delaware Way”? I look forward to hearing from you.
Best regards,
JUDSON Bennett-Coastal Network
Here’s the story, scroll down to keep reading:
https://www.politico.com/news/magazine/2020/07/21/christopher-tigani-joe-biden-fundraising-373724
Delaware Beer Distributor: I Wore a Wire to Probe Biden’s Fundraising
A decade-old FBI investigation casts light on the tight-knit political world from which the former vice president emerged.
Christopher Tigani was a wealthy beer distributor who relished his close ties to Delaware politicians, particularly Joe Biden, when the FBI confronted him outside a Royal Farms gas station in September 2010.
Tigani was in trouble. While serving as a bundler for Biden’s aborted 2008 presidential campaign, he had reimbursed his employees for contributions made in their names, a well-worn tactic for circumventing campaign-finance laws.
What happened between that day and Tigani’s 2012 sentencing has never before been revealed: He would wear a wire for the FBI and record people close to the then-vice president, seeking, he said, to confirm his belief that they knew of his reimbursements and investigate whether they, or others close to Biden, engaged in any quid pro quo deals with donors.
Over several months in 2011, Tigani said, his handlers used him to try to elicit cooperation from others closer to the then-vice president and even discussed trying to get him in front of Biden himself while wearing a wire. Tigani said he recorded conversations with former Biden finance chief Dennis Toner as well as a businessman close to Biden and a Biden aide-turned-lobbyist. He said he also sought to develop evidence against other players in Delaware politics.
Ultimately, only Tigani himself faced federal charges.
In interviews with POLITICO, Tigani, now 49, agreed to share the details of his informant work for the first time, in part, he said, because he felt he was left out to dry by the Bidens when revelations about his illegal fundraising for both Joe and son Beau, along with other top officials, placed him at the center of a Delaware political scandal a decade ago.
The information Tigani provided to federal investigators was “not actionable” according to a confidential 2012 letter sent from the U.S. Attorney’s Office in Delaware to the United States Probation Office detailing his attempted FBI cooperation. Following the federal investigation of Tigani’s fundraising for Biden, Delaware authorities conducted a corresponding probe of Tigani’s donations to state-level campaigns. A special prosecutor appointed by Delaware Attorney General Beau Biden, who recused himself, brought no charges against politicians or their aides, but warned of “a compelling need to reform the ‘pay to play’ culture out of which the conduct that led to this investigation may have grown.”
At the time of Tigani’s 2011 guilty plea, a spokeswoman for Joe Biden, then the vice president, denied he had any knowledge of Tigani’s crimes. Biden’s 2020 campaign repeated the denial.
“This matter was thoroughly investigated almost a decade ago by the Department of Justice, and there was no finding, or even allegation, of improper behavior by the 2008 campaign,” said Biden spokesman Michael Gwin. A former assistant U.S. attorney involved in the investigation, Robert Kravetz, said it produced no evidence of wrongdoing by the vice president. The FBI declined to comment.
But Tigani’s saga — the story of a businessman so eager to cultivate relationships with the leaders of his small state that he crossed the line into criminality — offers a window on the Delaware political world from which Biden emerged, one in which long-standing family and social ties often mix freely with business and policymaking.
Tigani, whose father played football with Joe Biden in high school, and who himself grew up knowing sons Beau and Hunter Biden, described a relationship in which he raised funds for the Bidens and then advertised his closeness to the family while navigating the complicated regulatory apparatus connected to owning a liquor distributorship.
He described a series of encounters in October 2007 when he said Joe, Beau and Hunter, approached him at an after-party following the Democratic primary debate at Drexel University and asked him to step up his campaign fundraising, before passing him to Toner, who asked him, “How many people do you have who you can trust?”
He also described a 2011 meeting with the Biden aide-turned-lobbyist, part of his attempted FBI cooperation, in which he said he taped the former Senate staffer suggesting that the Bidens and Toner knowingly accepted straw donations from bundlers, a violation of campaign finance law. And Tigani recounted a phone call with Toner in which he said the campaign finance director seemed to know he was being recorded, saying “I don’t even know who else is listening,” before hanging up.
“The agents believed that Toner and Biden knew exactly what was going on with respect to bundling,” Tigani said, but the bureau was unable to prove it because the men were “too smart.”
In response to written questions, Toner disputed Tigani’s recollections and said he did not know of Tigani’s illegal reimbursements until Tigani pleaded guilty to them in court.
That Tigani went to prison for campaign finance violations related to Biden’s campaign, and that he cooperated with federal investigators, has been known for years. But the details of his attempted cooperation, including the fact that the FBI investigated the Biden campaign, have remained secret until now.
His account is buttressed by documents obtained by POLITICO, including the 2012 letter from the U.S. Attorney’s Office. It states that, on 17 occasions, Tigani made recordings of conversations with six different people, including a “high-level official of the Biden for President campaign” and a “former Biden staffer now working as a lobbyist.”
Tigani’s saga provides insight into the political culture from which Biden emerged, the chummy “Delaware Way.” To its proponents, the Delaware Way entails an approach to politics based on long-term relationships, compromise and civility. It’s a style of governing that comes naturally in a small state. “He was kind of the person who helped create the Delaware Way,” Biden’s former aide and successor in the Senate, Ted Kaufman, recently told the Los Angeles Times, referring to Biden.
Biden himself has touted this style as the path back to national normalcy. “It’s the Delaware Way,” the then-vice president told his hometown paper in 2016, arguing for a return to bipartisan cooperation. “We’ve always gotten along.”
But to its critics, the Delaware Way can look like a culture of favor trading and cronyism. In Tigani’s case, prosecutors defined it in a sentencing filing as “a form of soft corruption, intersecting business and political interests, which has existed in this State for years.”
The idea that Biden practices old-fashioned, relationship-driven politics is the knock he overcame from progressives in the Democratic primary. Claims that Biden is unscrupulous are a central theme of the reelection campaign of President Donald Trump, who — having faced impeachment for his efforts to pressure Ukrainian authorities into probing Biden and his son Hunter — has derided the former vice president as “Quid Pro Joe.”
Tigani’s account reveals the most extensive effort known to date to investigate the question of whether Biden’s inner circle has been complicit in corruption. In the end, a team of federal agents with a confidential informant and a hidden camera could not make that case — even if Tigani says he walked away with an unshakable suspicion that the affable former vice president knows more about the Delaware Way than he lets on.
‘Thanks for all the help’
On a morning in late September, 2010, Tigani left his 24,000-square foot colonial mansion in Westover Hills, near Wilmington — among the finest private residences in Delaware — and pulled into a Royal Farms in nearby Newark to pick up a snack.
On his way back to his car, two men were waiting for him, holding up badges. They introduced themselves as agents of the FBI and the IRS, and explained they wanted to talk to Tigani about Joe Biden and Ruth Ann Minner, Delaware’s former governor.
The federal agents confronted Tigani about reimbursing others for Biden campaign donations, a practice he said he immediately confessed to. “I told them everything I had done,” he recalled. “I didn’t try to hide it. I didn’t think it was illegal.” The practice of reimbursing others for donations was a common method of circumventing campaign contribution limits in the era before the Supreme Court’s 2010 Citizens United ruling, which legalized unlimited election spending by corporations.
Tigani and the agents remained at the gas station, talking, for the next four hours.
There was a lot to discuss. Tigani’s ties to the Bidens ran deep. His father, Robert, was classmates with Joe at Archmere Academy, a Catholic school in the northeast corner of Delaware, where they played football together in the late 1950s. In the early ’80s, when Tigani was an adolescent, his father and stepmother socialized regularly with Joe and Jill Biden, and Tigani got to know Hunter and Beau, who were about his age.
Their broader social circles remained intertwined into adulthood, even if Tigani and the Bidens were not best of friends — “I’m in the alcohol business, and Beau didn’t drink,” he noted.
But in addition to making him rich, Tigani’s family business, NKS Distributors, gave him reason to stay in touch with Delaware politicians. Alcohol distributors act as legally mandated middlemen between producers and retail stores, as part of a regulatory structure that emerged after Prohibition to prevent consolidation. As players in a heavily regulated industry, distributors have an incentive to remain politically engaged, and Tigani did just that.
He gave generously to politicians up and down the rungs of Delaware politics, mostly Democrats in that deep blue state, and spearheaded a successful 2003 push to legalize Sunday liquor sales.
When Beau Biden set out on his first campaign for state attorney general, in 2005, Tigani pitched in with fundraising. When Joe Biden mounted his second presidential bid two years later, Tigani made for a natural ally, and set about bundling donations.
In the pre-Citizens United era, bundlers — people who could tap their networks to solicit the maximum allowable contributions from dozens of contacts — played a paramount role in financing presidential campaigns.
In Tigani’s case, he would bundle contributions from NKS employees, their spouses and other associates, and then reimburse them from company funds, a practice that was illegal. Tigani says he knew that the reimbursements were a way of getting around individual contribution limits, but that he had no idea they were criminal. He said he understood reimbursements to be a widespread, accepted practice, and named as an example another prominent Delaware executive who he said was known to regularly reimburse employees for political contributions.
So in late August 2007, Tigani held what the government’s presentence investigation report later called a “sham” fundraiser for Biden, soliciting 17 checks from his employees, only to reimburse them for the donations from company funds.
Tigani disputes the government’s assertion that he held fake events in order to conceal his reimbursements. In reality, he said, Biden campaign staffers would simply swing by NKS headquarters to pick up bundled checks, and that the company would often lay out a spread of coffee and donuts for whoever happened to be in the office that day. He said he and Biden staffers would jokingly refer to the no-frills handoffs as fundraisers.
Tigani’s involvement with the Biden campaign deepened two months later, he said, when he attended the Democratic primary debate at Drexel University in Philadelphia as one of 10 personal guests of Biden’s campaign, seated next to Beau’s wife, Hallie.
After the debate — at which a poor showing by Hillary Clinton made more of a mark than anything the Delaware senator said — the Biden crew retired for its after-party to Smokey Joe’s, a campus dive bar near the University of Pennsylvania that was once name-checked by Gerald Ford in a Penn commencement address.
At the Smokey Joe’s after-party, Tigani recalled, the Delaware senator approached him with a big ask: The campaign was surging into contention in Iowa and needed $100,000 for billboards in the state. Tigani told Biden he could deliver.
Later that evening, Tigani recalled, Hunter and Beau, a Penn graduate, broached the contribution again. When Tigani reiterated his willingness to help out, he said, the brothers passed him off to the campaign’s finance director, Dennis Toner, who had also served as Biden’s deputy chief of staff in the Senate.
Tigani said that when he discussed the contribution with the Biden brothers and Toner, he made reference to money allotted in his company budget for such contributions.
And he said that when he discussed the contribution with Toner at Smokey Joe’s, the finance director asked him, “How many people do you have who you can trust?” Tigani said he responded, “All of them.”
Tigani said he took Toner’s question as an indication the finance director knew the bundler was working with his employees to circumvent contribution limits. Toner disputed Tigani’s account, saying he has never asked Tigani any question along these lines.
Though the bulk of his bundled contributions came before October, Tigani said he became more involved with the campaign after the Drexel debate, participating in several calls with Biden’s finance team and other top outside fundraisers, according to emails he provided. A pre-sentence investigation report later filed by federal prosecutors also notes Tigani’s participation in conference calls with the campaign to plan fundraising.
In the run-up to the Iowa caucuses, the campaign continued to lean on Tigani for support. On December 12, a Biden staffer emailed Tigani’s assistant with a list of NKS employees, noting how much money they had given to date and whether their significant other had given, according to the pre-sentence investigation report. Within about a day, according to the report, Tigani had collected six checks for the Biden campaign from NKS employees listed in the email.
Tigani said he considers the speed with which members of the Biden campaign — as well as other politicians and campaigns he raised funds for — expected to collect bundled donations to be another sign that they were complicit in straw donations. “They ask to pick up checks the very next day,” he said. “If you’re really going to go out and solicit other people to give their own money, it takes a while. If you’re going to use your own money, it doesn’t take any time.”
As the first caucuses drew near, Joe Biden himself emailed Tigani, writing, “I know you did a tremendous amount last week, thank you. As we close in on Iowa, we are trying to get any and all contributions still outstanding into our headquarters by COB tomorrow. At your convenience, could you please let me know if you believe you will be able to collect any checks by COB tomorrow. If so, it would go a long way towards helping us increase our media buy in Iowa. I am on the ground here now, and with the cash we can surprise a lot of people.”
Biden concluded his note with “Thanks for all the help, I wont forget it” and signed it “Joe.”
In total, Tigani made $72,000 in illegal contributions to the Biden campaign through straw donors, according to the report, but the Delaware senator never hit his stride. Biden placed fifth in Iowa in early January 2008 and promptly dropped out.
Tigani remained in the senator’s orbit: Later that month, Biden sent Tigani an impersonal email, attaching a POLITICO article about his post-campaign return to the Senate.
Within days of Barack Obama selecting the Delaware senator as his running mate in August, Tigani wrote an email to executives at Anheuser-Busch, touting his ties.
“I was the number one fundraiser for [Biden]’s bid, and will play a role in his new campaign as well as his son’s role as a future senator,” Tigani wrote in the August 29 email, which later emerged in court proceedings. “They are very good and close friends, and I know we can take advantage of that role as needed.”
Tigani said that around this time he had been seeking to set up a meeting with Biden for beer industry executives, but those efforts were derailed by a dispute with his father, Robert, over control of the family business.
Confronted later by the government with his boast to his fellow beer executives, Tigani backed off the claim that he could call in favors with the Bidens. But as Biden’s fortunes rose, Tigani continued to enjoy the sort of special access that is typical of big donors. He attended Biden’s vice presidential debate against Alaska Gov. Sarah Palin in St. Louis in October and Obama’s inauguration festivities the following January, where he said he exchanged pleasantries with the new vice president at a private event for donors.
A fateful encounter with the FBI
All was not well, however. Tigani’s dispute with his father over the family business escalated into a legal battle, and the summer after the inauguration, Robert Tigani’s side alleged that Christopher had mishandled company money.
The family court battle also opened Tigani’s relationships with politicians up to scrutiny, starting with former Gov. Minner. In April 2010, the News Journal, a Delaware newspaper, relying on flight records that emerged in litigation, reported that, while in office, Minner had flown from Wilmington to Quebec City with Tigani and a lobbyist on a private jet Tigani had chartered.
The paper soon followed up with an investigation by reporter Maureen Milford — the primary local chronicler of Tigani’s saga — alleging that Tigani had gotten a “sweet deal” in leasing state land to build an NKS warehouse during Minner’s administration.
Tigani disputes that characterization of the deal, but the heat was now on. In September, the feds surprised him at the Royal Farms gas station.
A month later, Beau Biden’s office sued NKS, seeking to reduce the term of the lease from 66 years to five, alleging that the state had intended to agree to the shorter term all along, and that the 66-year-term was the result of a “scrivener’s error.”
“No one should be able to benefit from a mistake at the expense of the citizens, especially in a public lease,” Beau Biden said in announcing the suit.
Tigani’s gas station encounter had left him with the impression that he was not a target, but in November, while he was traveling in New Jersey, he said he received a call from an FBI agent asking him to return home. When he arrived, agents were waiting in his driveway and handed him a target letter, an official notification that the government intended to prosecute him. He said he broke down in tears and that agents offered to take away the gun he kept in his house so that he would not kill himself, but he declined.
In December, the News Journal reported that the FBI was investigating the land deal — Tigani and Minner confirmed to the paper they had been questioned — and that several people had testified before a grand jury.
In February 2011, Tigani retained Abbe Lowell, then with the firm Mcdermott Will & Emery. The star criminal defense attorney — who went on to represent former South Carolina Sen. John Edwards and Jared Kushner — had bad news for his new client.
Tigani recalled Lowell telling him, “Chris, normally I’d say, ‘Yeah, we want to take your case.’ But you already sat down with the FBI and told them everything. I don’t even talk to the FBI in court. I don’t even say hi to them in court.”
Tigani, who had been fired from his job at NKS, was also running out of money for high-priced lawyers. But, he recalled, before parting ways with Lowell, the attorney brokered a meeting for Tigani with the Justice Department. Lowell declined to comment.
At the U.S. attorney’s office in Wilmington, Tigani and a public defender met with acting U.S. Attorney David Weiss, Kravetz, and FBI agents. They asked Tigani to help them investigate possible political corruption.
Tigani said he had reservations. He believed some of the government’s suspects were innocent and some of their theories — including one about Tigani’s unsuccessful efforts to broker a meeting between the vice president and liquor distributors — were wrong. “They loosely connected Sunday liquor sales, a land deal and a meeting with Joe Biden,” he recalled.
The feds also thought they would find outright bribery in Delaware’s politics. He said the agents believed their investigation could ultimately lead them to Biden, Biden’s longtime ally Minner and then-Governor Jack Markell, who was less firmly entrenched in the state’s Democratic establishment. “They thought at least on the state level they were taking bribes, and on the federal level they were complicit, and that’s how it works,” Tigani recalled.
Markell told POLITICO that he never heard from federal investigators about the matter and was not aware they had expressed any interest in him. Minner did not respond to a request for comment.
Tigani said he did not share the agents’ belief that bribery was taking place and maintained that he gained little influence in return for his contributions. “Tigani … explained to agents that he made these political contributions in an effort to gain access, but that he never actually received such access or sought to take advantage of the relationship,” prosecutors later wrote in a court filing related to his sentencing. But Tigani said he acknowledged the existence of a pay-to-play culture in Delaware politics — in which gifts and contributions allow businesspeople to curry favor with officials — and he believed politicians and their staff were complicit in the election law violations being committed to fund their campaigns. Mostly, he was eager to reduce the time he spent in prison away from his two young children.
He agreed to serve as a confidential informant, taping phone calls and wearing concealed recording devices in meetings with Delaware political figures — ranging from small-time local lobbyists to associates of the sitting vice president.
The agents planned to have Tigani start small, he said, getting comfortable with the equipment and his role, during interactions with low-level players, before working his way up to bigger targets.
Wearing a wire
Tigani’s first undercover outing did not go well. In mid-March he was dispatched to Dover Downs, a hotel, casino and horse-racing complex, where he was to meet with several state legislators and lobbyists at a bar, Doc Magrogan’s, and draw them out on the inner workings of Delaware politics.
Beforehand, he went to the FBI office in Dover, where he spent two hours working with his handlers — one female and two male FBI agents — on a script to draw out the subjects.
He learned he’d be accompanied on the assignment by the female agent, who would pose as his girlfriend. Tigani recalled that when he remarked to one of the handlers that the ruse was plausible because the woman was his type — brown hair, brown eyes — the handler responded, “We know. That’s why we picked her.” Agents had researched Tigani’s prior love interests in order to cast the operation.
“Jesus Christ. Don’t you guys have anything better to do?” Tigani recalled responding.
His handlers taped a wire on him, and cut up his shirt to insert a small camera where one of his buttons had been.
In a brief back-and-forth, agents assured Tigani the camera sticking out of his shirt was not as conspicuous as he thought it was. Then, it was off to the races.
Inside the bar at Dover Downs, Tigani felt nervous and uncomfortable. He excused himself to go to the bathroom, where, after momentarily forgetting about his wire, he was overcome by a sudden jolt of self-awareness. “It’s all just hitting me that these guys are listening to me going to the bathroom,” he recalled.
Back at the bar, he balked at drawing the subjects into incriminating conversations, believing the bureau was barking up the wrong tree. “They tried to manufacture a case against people who really didn’t know anything,” Tigani said.
His handlers were not pleased with that first performance, but Tigani continued to set up calls and meetings at their direction, starting with a local businessman who had somehow popped up on the bureau’s radar. Tigani would meet with agents to debrief on his conversations at out-of-the-way locations, including at a McDonald’s in the small town of Smyrna, north of Dover, according to a 2011 email in which he recorded a partial log of the hours he put into his cooperation.
Evidence of bribery schemes, if any existed, proved elusive, but the investigation picked up steam later that spring, when Tigani got together with a local lobbyist. The lobbyist was a former Biden Senate staffer and a friend of both Tigani’s and the Biden sons. Tigani described his interactions with the lobbyist on the condition that the person not be named, because Tigani said he believed the person had done nothing wrong.
Tigani said that during a social get-together he drew the lobbyist out on the practice of bundlers exceeding donation limits through the use of straw donors.
Tigani recalled pushing the lobbyist on whether Biden, his sons, Toner and the rest of the campaign finance operation were aware of the use of straw donors. “How is it that these people don’t know?” he recalled asking.
“Of course they know,” he said the lobbyist responded. “Of course they know. That’s why they call you.”
“It was a ‘Come on, you can’t be serious’ kind of answer,” Tigani recalled. “Of course they know.”
Tigani said he was excited by the breakthrough, but he had neglected to record the conversation. So, a short while later, he said he arranged to meet with the lobbyist in the wood-paneled bar room at the Columbus Inn in Wilmington. This time, wearing a wire, Tigani said he elicited the same admissions from the lobbyist on tape.
Tigani said he did not press the lobbyist to provide details of how he knew this to be true, because the lobbyist was so close to the Bidens that there was no reason to doubt his authority.
In an email, the lobbyist wrote that he was not involved in campaign fundraising, “nor was I ever in a position to speak about [the Bidens’] campaign operations.” The lobbyist praised Biden’s integrity, saying, “I know he never would have tolerated any illegal behavior from supporters or donors.” The lobbyist did not respond to follow-up questions.
Another former Biden aide expressed skepticism that the finance team was aware of bundlers making straw donations or actively sought illegal contributions.
The former aide, who was involved in fundraising for the 2007 presidential campaign and spoke on the condition of anonymity, described the campaign as “starved for cash” and its fundraising as “incredibly anemic.” The finance team, he said, was in a difficult position, because its candidate was not interested in cultivating donors.
“Biden ain’t going to call anybody,” the former aide said. “He hates having to kiss anyone’s ass.” But, the former aide said that, to his knowledge, Toner and other fundraising staff never resorted to illegal methods. “They were always on the up and up about it,” he said.
Toner said he never sought out bundlers who could reimburse donors or had knowledge of bundlers engaging in indirect forms of reimbursement. He said he did not know of Tigani’s crimes before Tigani pleaded guilty to them.
For the investigators, Tigani recalled, the conversations with the lobbyist represented a turning point. His handlers turned their attention from possible bribery to the Biden campaign and its possible complicity in election law violations. “When I confirmed with him that yes in fact they do know about it and they know about it with a lot of other people and they target a lot of other people in my situation to do the same exact thing,” he said. “That’s when we started to pursue that angle more aggressively.”
Because Tigani was already under heavy press scrutiny, he said, his handlers did not push him to set up a prearranged meeting with the vice president, instead looking for opportunities to record more spontaneous encounters with Biden.
“I did try to go to places where he was,” Tigani recalled. “I know that he had a couple of scheduled events when he was going to be in Delaware where we were going to try to make a chance meeting.” But Tigani said he was never able to swing an encounter with Biden, instead settling for others closer than he to the vice president, whom his handlers hoped to use him to incriminate and then secure cooperation from others in Biden’s orbit.
“What they used to say all the time was, ‘We follow the evidence where it takes us.’ And the idea is to get one person implicated and then they implicate the next person,” he said. “The idea was to see how high up the chain they could go.”
‘Hi to anyone else who is listening’
On June 6, Tigani made calls to Toner, the lobbyist and a prominent Delaware businessman who was a fellow Biden donor, according to the 2011 email in which he logged his informant work.
Tigani’s first attempts to contact Toner failed, he recalled. “Toner was hard to get on the phone because he’s smart,” Tigani said. But on June 7, the two had a phone conversation, according to Tigani’s log.
On the call, Tigani said he told Toner that the press was starting to sniff around his relationship with the campaign. “The premise was that the newspaper is asking me about these contributions. You guys obviously know about this,” Tigani recalled. He said Toner responded, “I don’t know what you’re talking about, Chris. I don’t even know who else is listening on the phone.”
The conversation lasted only a minute or two, according to Tigani. “I said, ‘Remember when we were at Drexel?’ He said, ‘I remember, but I don’t have anything else to say about it.’”
Toner’s apparent awareness that he was being recorded came as a blow to the FBI agents on the case, Tigani said, and brought about the beginning of the end of his attempted cooperation.
The day after the call, FBI agents visited Toner at his home to ask him about Tigani and notify him that he might be called to testify before a grand jury, which he later did.
On June 9, Tigani pleaded guilty to two charges related to his Biden campaign bundling: one count of making an illegal corporate contribution to a federal campaign committee and one count of making illegal conduit campaign contributions. He also pleaded guilty to two tax evasion charges.
When news of the guilty plea broke, a Biden spokeswoman distanced the vice president and his campaign from Tigani, saying, “We had absolutely no knowledge of these activities.”
Though his case was now public, Tigani’s informant work was not quite over, shifting, he said, to focus on the businessman close to Biden, but Tigani’s calls with the businessman went nowhere.
By summer, Tigani’s role in the investigation was petering out. The last item in the log records a meeting with one of his handlers on July 15.
In February 2012, as Tigani awaited sentencing, the Justice Department officials overseeing his case, Weiss and Kravetz, wrote to Walter Matthews, an official at the U.S. Probation Office, to detail Tigani’s informant work.
The letter, obtained by POLITICO, states that Tigani’s attempted cooperation lasted close to a year and entailed 12 meetings with FBI agents. The Justice Department officials wrote that Tigani had recorded telephone and in-person conversations on 17 occasions with six people, including “a high-level official of the Biden for President campaign”; “a former Biden staffer now working as a lobbyist” and “a prominent Wilmington businessman.”
The letter states that Tigani’s attempted cooperation did not lead to charges against others because some of the information he provided pertained to activities that were outside the statute of limitations, some of it related to conduct that was not a federal crime, and some of it could not be corroborated.
“The information provided by defendant was valuable, however, to the extent that it permitted federal agents to compile detailed historical information regarding election offenses and ‘soft corruption’ in Delaware state government over nearly a decade, which included conduct allegedly committed by federal and state officeholders and/or their campaigns,” the letter stated. “Such information will provide federal agents with a frame of reference for future public corruption investigations in this State.”
A footnote, alluding to the voluminous coverage of Tigani’s travails in the local papers, states, “Defendant’s status as a Delaware tabloid celebrity likely hampered his ability to procure admissions during recorded conversations. For example, one subject who was recorded by defendant stated at the end of the call, ‘Hi to anyone else who is listening.’”
Matthews declined to comment. Kim Reeves, a spokesperson for the U.S. Attorney’s office in Wilmington — where Weiss returned to serve as U.S. attorney in 2018 — also declined to comment.
In an email, Kravetz, whose work for the Justice Department ended this month, reiterated the government’s finding that Tigani’s donations to Biden did not buy him access. “There was no corroborating evidence that anyone in the campaign engaged in criminal conduct,” said Kravetz, now a law professor at Duquesne University in Pittsburgh. “At no time was there any basis to believe that the Vice President engaged in any wrongdoing.” Kravetz declined to comment on the specifics of Tigani’s attempted cooperation.
In March 2012, Tigani was sentenced to two years in federal prison, and ordered to report to Metropolitan Detention Center in Brooklyn. In December, he was transferred to a prison in Delaware and arraigned on nine state charges, to which he pleaded not guilty.
The following May, Tigani pleaded guilty to three of the state counts, receiving probation. At the sentencing, the judge, William Carpenter, expressed his view that other players were escaping justice. “It’s unfortunate you are the only person standing here,” Carpenter told him, according to the News Journal. “It’s unfortunate the investigation has not led to others.”
A ‘pay to play’ culture
The question of whether illegal activity extended beyond Tigani hung over Delaware politics from the moment he entered his guilty plea in June 2011.
Soon after, federal authorities referred evidence of possible state crimes unrelated to Biden’s presidential campaign to the Delaware attorney general’s office. Beau Biden recused himself and appointed E. Norman Veasey, a former chief justice of the Delaware Supreme Court, to conduct a special counsel’s investigation.
In July 2011, the News Journal reported that Veasey had given thousands of dollars to the campaigns of both Joe and Beau Biden, and that his firm — Weil, Gotshal and Manges — ranked among the top sources of donations to the vice president’s recent campaigns. “I give to a lot of campaigns,” Veasey told the paper.
As Veasey undertook his probe, more prosecutions were slow to materialize. In September 2013, the month Tigani left prison for a halfway house, prosecutors finally nabbed another conviction. Dover developer Michael Zimmerman pleaded guilty to a state charge that he made illegal donations to Markell’s 2008 campaign. Another businessman entered into a non-prosecution agreement with the state over charges that he reimbursed employees for donations to Markell.
In December, Veasey issued his report, which identified “a compelling need to reform the ‘pay to play’ culture out of which the conduct that led to this investigation may have grown. In addition to the reimbursement schemes, the investigation identified a widespread practice of gifts and political contributions to candidates and elected officials from which a reasonable person could infer that the gifts or contributions were intended to curry favor with elected officials.”
The Veasey report listed 19 politicians in the state who had received straw donations from Tigani, including Beau Biden. (The federal pre-sentence investigation report found Tigani made $9,600 in unlawful contributions to Beau in 2005).
Beyond the three businessmen who had already faced legal consequences, the report did not recommend further charges.
The report explained that investigators declined to pursue cases against politicians or their aides, saying they denied any knowledge of illegal reimbursement schemes and that investigators did not find a sufficient basis to pursue that avenue.
“Although some witnesses made vague references or speculated to the effect that candidates or their agents knew about or suggested reimbursements, investigators did not find credible evidence to support a charge,” the report said.
The report also acknowledged the shifting landscape of campaign finance. Since Tigani had committed his campaign finance violations, the Citizens United ruling had made unlimited corporate contributions to political action committees legal, giving companies permission to circumvent the campaign contribution limit on a scale much grander than his five-and-six-figure bundled contributions. The report noted that the proliferation of PACs in recent years removed much of the motive for engaging in straw donor schemes.
It concluded by recommending a slate of modest reforms.
Delaware Republicans decried the report — which landed between Christmas and New Year’s — as a cover-up, arguing that prosecuting a couple of donors would do little to change the state’s political culture.
Tigani left the halfway house in January 2014, financially devastated by years of legal fights. After his release, he said, a third party, whom he declined to name, informed him that his handlers had tried and failed to flip the lobbyist. Tigani said he was told that agents went to the lobbyist’s home and played him a tape of his conversation with Tigani, but that the lobbyist lawyered up and refused to cooperate.
“They discussed charging him but he had not actually committed a crime, he just had knowledge of a crime,” Tigani said he was told, “so the investigation had nowhere left to go.”
He said the lobbyist — who did not respond to a question about interactions with the FBI — no longer speaks to him.
Tigani has kept a low profile since leaving prison, and he said he wanted to make clear he was not seeking publicity. A POLITICO reporter reached out to him over Facebook messenger in August 2019 to request an interview for an article published later that month. Tigani, who said he rarely logs on to Facebook, did not respond to the message until eight months later, and he agreed to a phone call about the Delaware political scene. On the call, he described his informant work off the record, and several weeks later he agreed to go on the record.
Tigani said he wanted to tell his story in part to highlight its redemptive aspects, especially the fact that he used his time in prison to learn the law, and that since his release he has been representing himself in the ongoing legal battle over control of his family business, going toe-to-toe with high-paid lawyers without the benefit of any formal legal education.
Tigani, who has expressed support for Trump on social media, said he also wanted to tell his story because he felt the Bidens had abandoned him, calling them “fair weather friends.” For the first time, he said, he will not be voting for Biden in November.
He said he also wanted to share his side of the story in full because he felt unfairly scapegoated by media coverage and prosecutors for participating in a political culture that was widespread in Delaware. He said he is irked by the feeling that politicians benefit from an ability to maintain plausible deniability while others take the fall for law-breaking.
“Nothing ever happens to them because why would it?” he said. “Why would they admit that they knew what was going on when they can deny it and nobody can prove it otherwise?”
Tigani said he last saw Joe Biden in May 2014, after his release from prison. The two encountered each other at Founders Day, an annual celebration at the Tatnall School, a private school attended by Tigani’s kids and some of Biden’s grandchildren.
“He came over to me and gave me the Biden double handshake and he said, ‘Chris, I hope everything’s going well with you,’ and I said, ‘Couldn’t be better, Mr. Vice President. Couldn’t be better.”OPINION
Dear Friends,
I have been squirming, sweating, fretting, and not understanding how someone as clearly corrupt, hypocritical, and dishonest as Joe Biden is, could possibly be leading President Donald Trump in the polls, but indeed he has been and rather substantially. When you combine the issue of Biden’s apparent shift to a Socialist/Communist platform, emulating Bernie Sanders and Ocasio-Cortez in their wacky ideas about climate change, with his lack of character, I have begun to question the veracity of the polls or the intelligence of many of the voters? Adding the issue of Biden’s apparent senility, where he often can’t utter two logical sentences together without getting confused, folks you have a candidate that should be unelectable!
Yet, despite the lack of logic in what is happening, Biden according to the polls would win the election if it was held today. For me as a devout Capitalist, Conservative, Patriot, and Constitutionalist, the thought of Biden as President, a socialist female VP, and a Democrat-controlled Congress is beyond terrifying. I am certain it would be the end of life as we know it in America.
Many of my intelligent, Conservative friends have constantly reassured me that there is a silent majority of voters out there who represent the real feelings of our citizens, and there is no way they will vote for possible Communism and a transformation of America, eliminating our freedoms, while destroying any hope of future prosperity. The folks saw what a prosperous economy President Trump provided for us before the Chinese Virus decimated our lives. Combining that with the horrendous looting and rioting by Black Lives Matter and Antifa, many businesses have been terribly devastated and may never recover. Bottom line, people want law and order and want to feel safe. Biden and the Democrats offer chaos and anarchy! Biden should not logically win this election.
Interestingly, the Fox News Poll has moved Trump to within 8 points of Biden. There is a stirring in the political wind and finally, I am seeing movement in the right direction. Our friends the British, great oddsmakers, actually have Trump moving ahead of Biden with 13 to 8 odds and Biden with 4 to 7 odds of prevailing.
Do I feel confident that Trump will prevail? Absolutely not, because of what I have witnessed in the past 4 months, along with the blatant lies from the media and the Democrat leadership for the past 3 years. Regardless, the polls are beginning to show definite movement towards Trump and they logically should. Let us hope!
Please check out the website below and see some of the odds of individuals obtaining the Presidency in November.
Best regards and Go, Trump!
JUDSON Bennett-Coastal Network
https://sports.ladbrokes.com/event/politics/international/us-elections/2020-us-presidential-election/224912471/all-markets
Andrew Cuomo
200/1
Bernie Sanders
200/1
Donald Trump
13/8
Elizabeth Warren
200/1
Hillary Clinton
66/1
Ivanka Trump
500/1
Joe Biden
4/7
Kamala Harris
100/1OPINION
Dear friends,
There is a call for Delaware Governor John Carney to sever all government contracts with Skadden Arps, a law firm conflicted with numerous challenges, including benefiting from no-bid contracts, and — while many are calling for social justice — Skadden has zero Black partners in their Wilmington office.
Read the story below for all the sordid details, but the fact that our Chancery Court is allowed to issue no-bid contracts at $1,500 an hour, and they don’t have to justify their hours at all is just outrageous! They show no bills. They submit no invoices with no line-by-line details! The rub is Chancellor Andre Bouchard used to work at Skadden Arps and he gets to feed them business, with zero competitive bids… how much more buddy-buddy can you get than that?!
This is cronyism at its WORST folks, and these guys need a spotlight shown on them for all to see! This should not be allowed for even one minute longer, including their lack of diversity. If it continues, then the Delaware Legislature and Governor John Carney are clearly to blame for taking NO ACTION once they understood how much the system is rigged.
Governor Carney, I also call upon you to sever ties with Skadden Arps. Please force them to take responsibility and show their damn bills, and fix their “staggering lack of diversity,” since the emphasis in Delaware seems to be focused on racial equity?” The hypocrisy here is disturbing. They need to be held accountable for their actions.
Do you agree at how outrageous this is, folks? Let me know.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20200715005584/en/Citizens-Pro-Business-Delaware-Calls-Governor-Carney-Cut
Citizens for a Pro-Business Delaware Calls on Governor Carney to Cut Ties With Skadden Arps, Law Firm With Extreme Lack of Diversity
Skadden, Arps has made tens of millions of dollars from Delaware’s Government contracts and no bid legal appointments by Andre Bouchard’s Court of Chancery while having zero Black partners at the Wilmington Office
July 15, 2020 10:18 AM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Today, grassroots advocacy organization Citizens for a Pro-Business Delaware called on Governor John Carney to sever all government contracts with the beleaguered law firm of Skadden Arps, a firm conflicted with numerous ethical challenges, including its involvement in the Ukranian voter suppression scandal, and a staggering lack of diversity among its partner and associate classes.
Skadden Arps has been awarded millions of dollars in contracts and no-bid legal fees from Delaware’s Government and Court of Chancery while making no meaningful improvements on supporting Black lawyers or partners. In June, Reverend Al Sharpton called on Skadden, Arps to increase inclusion and support of Black lawyers and Partners but the firm ignored the request. Skadden Arps lack of diversity is striking; over the past three years, Skadden Arps has named 38 new partners, only two of whom are Black and the firm’s Wilmington office has zero Black partners and only one Black Associate.
As prominent social justice organizations across the country call for governments to acknowledge systemic racism and support black-owned businesses and increase the representation of people of color, Governor John Carney continues to appoint from and give contracts to Skadden Arps regardless of their nascent diversity numbers. Recently, Delaware’s Chancery Court, led by Chancellor Andre Bouchard, was again noted for its questionable connections to Skadden Arps, his former place of employment.
Citizens for a Pro-Business Delaware (CPBD) Campaign Manager Chris Coffey said, “Skadden Arps received over 15 million dollars from the TransPerfect case alone when Chancellor Bouchard appointed his former colleagues as the Custodian. Governor Carney and the state of Delaware cannot continue filling the pockets of these white lawyers with no bid legal fees and contracts that should go to firms with real diversity numbers that support Black lawyers and partners. If Skadden Arps refuses to make meaningful improvements on diversity, it is essential that Governor Carney exerts his power and stands up for the racial, ethnic, gender, and socioeconomic diversity of Delaware’s communities. We must demand better from our leaders if we want better for our communities.”OPINION
Dear friends,
I told you so! PLEASE read the BLOOMBERG article from TODAY below. I have shouted my opinion in many previous articles from the mountain tops: “That I clearly believe allowing what I consider ‘shady’ judges and lawyers, like Chancellor Bouchard, like his best pal, Kevin Shannon of Potter Anderson, and like Bob Pincus and Jennifer Voss of Skadden Arps, to make millions on the backs of everyday workers… is eventually going to bring Delaware down.” I call it corruption. I believe it went right up to the former Chief Justice — who I view as another kingpin — who was a former intern of Andre Bouchard… Leo Strine.
Now the world is waking up to the corruption in the Chancery Court that I have been complaining about all along, and BLOOMBERG LAW is calling out these purported Judges as “shady.”
What legitimate judge, or court, orders millions be paid to his former partners and social friends, without invoices?? Where else would that happen??
Everyone, please call your Elected Officials, Chancellor Bouchard has got to go, or he will bring down Delaware’s brand, and our state’s economy will go down with him!
Please review the article below and give me your input. Your comments are welcome and appreciated.
Respectfully Yours,
Judson Bennett-Coastal Network
https://news.bloomberglaw.com/corporate-governance/insight-the-state-of-incorporations-shady-state-of-affairs
INSIGHT: The State of Incorporation’s Shady State of Affairs
July 14, 2020, 4:00 AM
Delaware Court of Chancery in Georgetown, Del. | Photo by Pat Crowe Ii/Bloomberg via Getty Images
By Seema Iyer
Attorney/Journalist
The Delaware Chancery Court is in need of reform, says attorney Seema Iyer. She looks at recent cases that demonstrate some legal and ethical problems with a court that handles only corporate cases, with no juries, and has judges that, she says, arguably disregard facts.
Delaware is famous for two things—the Democratic presidential nominee, Joe Biden, and being the state of incorporation. The time has arrived for Delaware to stop being known for the latter.
More than one million businesses, over 50% of publicly traded entities and more than 66% of Fortune 500 companies, incorporate in Delaware.
Why is that?
There are a few reasons, but topping the list may be the Delaware Chancery Court. A judicial system solely devoted to corporations. No juries, just judges with foremost expertise in corporate law.
The TransPerfect case first brought my attention to the Delaware Chancery Court in 2015 and has kept my eyes glued there ever since.
The global translation company went to trial that year when one partner, Elizabeth Elting, filed suit against the other partner, Phil Shawe, to force the sale of their company. Despite flourishing at approximately $470 million in revenue, the presiding judge, Andre Bouchard put the case up for auction and utilized the seldom-used mechanism of appointing a custodian.
At auction, Shawe, Elting, and outside bidders would have the chance to purchase a company Shawe tried to purchase outright. One of the many reasons auction made zero sense.
Shawe offered to buy Elting’s half for $300 million, yet was forced to buy his own company at auction for $770 million; Elting got $385 million. Still, both parties spent boatloads more than if Elting would have just sold her half to Shawe.
Although the case survived appeal, Justice Karen L. Valihura, of the Delaware Supreme Court, issued a warning to all stockholders in her dissent, “a sale to a third party over the objections of stockholders is a potential permissible outcome, even for a thriving business” adding the remedy was an “unanticipated outcome.”
Valihura forecasted the current issue Shawe is still litigating, “the Court of Chancery failed to narrowly tailor the scope of the custodian’s authority.”
Bouchard allowed the custodian unbridled authority over the entire sale, gave him carte blanche to hire consultants, approved non-itemized billing of exorbitant fees and, finally, would not grant Shawe, who was ordered to pay the custodian, permission to review Shawe’s own bills!
Inequity in the Delaware Court
And while I’ve been transfixed by TransPerfect’s turmoil, other cases corroborate the inequity in Delaware’s court of equity.
For instance, in the 2017 case involving Bill Koch (brother of the infamous political donors, Charles and David Koch), Koch’s side wanted to call a rebuttal witness. The witness was the primary attorney for the events that gave rise to the litigation and was in court throughout the trial. Koch could have, and should have, called the attorney when he presented his evidence during his case-in-chief.
This is objectionable on grounds such as conflict of interest, violating witness sequestration rules, and calling the witness was out of sequence.
However, Vice Chancellor J. Travis Laster let the attorney testify, “[a]s I see it, my task as finder-of-fact is to understand the underlying evidence to the best of my ability, then evaluate and weigh that evidence to make the most accurate factual findings that I can.”
TransPerfect and the Koch case led me to discover a truly preposterous outcome in Ingres Corp. v. CA Inc., a 2010 breach of contract case where both sides agreed (when does that happen?!) the judge had erred.
Vice-Chancellor Leo E. Strine Jr. said, “I forgot this oral statement and delved only into the voluminous record. As indicated above, this record was confusing and I came away from it with the wrong impression. …I overlooked this deposition testimony and instead focused upon the written documents in the record when drafting the Post-Trial Opinion. In short, I blew it.”
Yikes.
He goes on, “my original factual finding to the contrary was inaccurate.” Yet, Strine, even after admitting how his significant error impacted his prior conclusion, decides the error does not materially change the outcome of the case.
Judges Ignoring Facts and Laws
Everything I’ve seen and continue to see in the Chancery Court demonstrates that judges routinely ignore the facts and the law. Even during a pandemic.
The case, currently in litigation, involves two independent WeWork directors, Bruce Dunlevie and Lew Frankfort, suing Soft Bank, on behalf of WeWork, for canceling a deal to buy $3 billion in WeWork shares.
At issue is the appointment of two new directors to independently assess whether Dunlevie and Frankfurt have standing to sue SoftBank. As board members of WeWork it is apparent they do.
However, the presiding judge, Andre Bouchard, via a telephonic hearing, allowed the appointment of new directors, siding with WeWork’s parent company represented by Skadden Arps Slate Meagher & Flom LLP. Skadden Arps says SoftBank has concerns over potential conflicts of interest regarding Dunlevie and Frankfurt.
Whereas former Chancellor William B. Chandler III, now a lawyer representing Dunlevie and Frankfurt, said, “It appeared from company records that the new committee members are to be paid $250,000 each for roughly two months of service and resign once they decide on the existing committee’s authority,” Chandler also accused the company and its counsel Skadden Arps of trying to “muddy the litigation waters.”
Have I mentioned Bouchard worked at Skadden Arps? So did the custodian in the TransPerfect case who Bouchard appointed.
TransPerfect had to move its state of incorporation to Nevada. But you, entrepreneur, existing company or start up, now know better. Look to another state to incorporate. Save yourself—your shareholders—and perhaps millions of dollars in litigation.
Say farewell to Delaware.
This column does not necessarily reflect the opinion of The Bureau of National Affairs, Inc. or its owners.
Author Information
Seema Iyer is a journalist and attorney. She previously served as a prosecutor in the Bronx District Attorney’s Office, a criminal defense and civil rights attorney with her own law firm in New York City, and as a local and national news anchor. You can follow her on Twitter @seemaiyeresq.OPINION
Dear friends,
Here’s what the Spain newspaper had to say about the Delaware Judiciary and what I clearly see as our Leo Strine-Andre Bouchard-Skadden Arps corrupt cabal.
I believe it is deplorable what, in my view, these con-men, dressed in robes, have done to destroy Delaware’s economy. The lack of transparency is dangerous and CANNOT continue.
Would love to hear your feedback on this one, folks! When Delaware makes news like this overseas, the legislature needs to take action!
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.eleconomista.es/economia/noticias/10658481/07/20/Empleados-de-TransPerfect-afirman-que-existe-una-peligrosa-falta-de-transparencia-en-el-sistema-judicial-de-Delaware-y-alertan-de-un-grave-problema-de-puertas-giratorias.html
TransPerfect employees say “there is a dangerous lack of transparency in the Delaware judicial system” and warn of “a serious revolving door problem”
07/10/2020 – 10:15
The Citizens for a Pro-Business Delaware citizens’ association calls for changes in the judicial system of one of the formerly most prosperous states for companies in the United States. Founded in 2016 by TransPerfect workers to fight against the forced sale of the company that endangered 4,000 jobs worldwide, more than 600 in Barcelona, it stands today as one of the main associations that fight for Delaware to once again favor the competitiveness, attracting companies and generating employment.
Chris Coffey, spokesman for Citizens for a Pro-Business Delaware, underlines that “there is a dangerous lack of transparency in the Delaware judicial system” and claims that this is having “a significant negative effect on Delaware’s reputation.” The United States Chamber of Commerce supports this theory in its ranking of neutrality of the judicial systems of the country in which Delaware falls from the first position to the eleventh, revealing the latest decisions made by the State judicial system.
Citizens for a Pro-Business Delaware harshly criticizes the Delaware Supreme Court and the Skadden law firm. Alerting “a serious revolving door problem between Delaware courts and law firms,” it holds them accountable for “reducing trust and respect in Delaware’s ability to resolve trade disputes and responsibly treat companies.” and adds that the Delaware judicial system will not be “fair” as long as “judges can turn around and generate millions in the private sector by selling their influence to the highest bidder.”
Coffey points out that the law firm Skadden Arps and its partner Robert Pincus have been the main beneficiaries of the forced sale of TransPerfect and stresses that this firm has broken for years “the ethical standards required for international law firms”. “We have seen it first hand in Delaware with the TransPerfect case, but we have also seen it in the Ukraine scandal, and with the application of the ‘Skaddenomics’, which have allowed the company to bill for alleged services without detailing.”
Skadden issued invoices to TransPerfect worth 12.5 million euros, which after the sale of the company remain sealed by Judge Bouchard’s decision, alleging that they must be kept secret, something that is against United States law.
In the coming months, Citizens will continue to “give visibility to corruption and conflict of interest cases affecting the Delaware Supreme Court and to law firms like Skadden Arps and Morris Nichols.” Likewise, Coffey highlights that they are in the process of creating a “political action committee” to “advocate for candidates who defend transparency” and “denounce those who stand in the way of progress for all that this implies for their fortunes personal. ”
TRANSPERFECT CASE
The Transperfect Case broke out in 2016 as a result of a shareholder conflict that the judge of the Delaware Supreme Court, André Bouchard, resolved by decreeing the forced sale of the company, exposing it to private funds for its dissolution and putting at risk 4,000 workers around the world, 600 in Barcelona where the company has one of the most important offices worldwide.
Its founder, Phil Shawe, acquired 100% of the multinational technology company for language services, ending the conflict and ensuring its future and that of its employees. Today the company maintains its growth and in 2019 it billed 764 million dollars.OPINION
Dear Friends,
I awoke this morning to the distressing news that yesterday we had 10,000 new cases of Coronavirus in Florida in one day. Folks I live in Palm Beach, it is a beautiful paradise, and people are terrified. I rode my bike along the inner-coastal at 7 a.m. this morning, cruising by majestic Palm trees and gorgeous, colorful gardens.
Every so often I would pass a walker, jogger, or another biker — all masked — and as we met up, they would turn their heads, but not before I could see the fear in their eyes. Everybody is wondering, “Could she have it, could he?” The virus is everywhere here, and finally this time people are beginning to take it seriously. This old warrior is diabetic and that combined with 3 months of isolation, listening and watching our country turn into anarchy, has frankly got me on edge. We are all in the same boat, however, this pandemic is terribly disconcerting and I don’t want it!
Interestingly, a month ago, Florida was the pristine state. The virus was under control, and all the indicators were it would be safe to reopen the closed economy, including bars, restaurants, beaches, gyms, and so on. This was allowed under the condition that people would engage in social distancing and wear masks.
Unfortunately, many people took the reopening by Florida’s positive Governor to mean, “Let the party begin!” The virus was still lurking, as the bars opened in full swing. Absolutely no social distancing — NONE! The beaches looked like anthills with folks snugged together. The virus spread like wildfire! The protests we had in south Florida did not help either.
As far as I am concerned, Governor DeSantis did the right thing in opening the state. The people did the wrong thing in not following the rules. We cannot stay isolated. Our businesses must be open. Until there is a vaccine, business and the pandemic must coexist. Poverty will kill us faster than the virus. Therefore with some minor, logical regulations, DeSantis is determined to keep it all going. Additionally, Florida schools will be opening in the fall. Right now, the bars are again closed and there is no indoor dining. Masks are now mandatory in public!
Folks here is the bottom line, we have got to open our businesses and we have to send our children back to school. At the same time, we have to avoid close contact and wear masks. Washing hands, vitamins, zinc, constant vigilance are all extremely important. Guys like me with diabetes, have to be extra careful.
Please stay safe, I pray for better days. God bless America!
Respectfully yours,
JUDSON Bennett-Coastal NetworkDear friends,
Citizens For Pro-Business Delaware — a growing, well-funded activist group that is demanding, among other things, changes in the Chancery Court — is extremely upset and offended at being slighted by the Delaware Department of Corrections because the agency refused to accept 5000 masks as a gift from Citizens — yet the Department accepted masks from another group. Citizens, which has been rocking the Status Quo Boat Captained by Delaware Governor John Carney and his Limousine Liberals, claims that it is simply a nasty, political ploy by the Carney administration by not accepting the masks when they truly were needed.
To politicize a gift of potentially life-saving masks for helpless prisoners is beyond reprehensible, especially when one inmate had died. Considering Carney’s heavy-handed restrictions on Delaware businesses (making many go broke), it seems hypocritical not to utilize a valuable gift of thousands of free masks?
The consistent mismanagement and petty inconsistencies, that I have witnessed, during this pandemic and time of anarchy from one elected Democrat after another has been most disconcerting. Please read the published complaint below by the Citizens group, which is gaining serious ground with Delaware voters.
As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Please scroll down:
https://www.businesswire.com/news/home/20200702005082/en/Citizens-Pro-Business-Delaware-Slams-Delaware-Department-Correction
Citizens for a Pro-Business Delaware Slams Delaware Department of Correction and Governor Carney for Politicizing Mask Donations
The DOC rejected 4,600 masks from Citizens for a Pro-Business Delaware in May, claiming a lack of need, but accepted 5,000 masks from the REFORM Alliance, another grassroots group
July 02, 2020
WILMINGTON, Del.–(BUSINESS WIRE)–Following news that in-person visitations have resumed at Delaware prisons, largely thanks to a donation of 5,000 masks given by the REFORM Alliance, Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey released the following statement:
“We offered 4,600 masks to the Delaware Department of Correction (DOC) to protect inmates nearly two months ago, but were turned away by the agency, which claimed it had ‘sufficient supply chain’ to procure the masks it needed.
“That the DOC accepted masks when they came from the REFORM Alliance makes it painfully clear that this was a politically-motivated lie. In fact, DOC Commissioner Claire DeMatteis admitted that ‘without this donation, we would have to purchase masks’ to provide to visitors to the prison.
“My question is: why is Delaware’s DOC picking and choosing organizations to take protective equipment from in the middle of a deadly pandemic that disproportionately affects vulnerable communities, especially inmates and people of color? Even worse, it’s clear that Commissioner DeMatteis, who was appointed by Governor Carney, who we’ve publicly criticized for his handling of the Covid-19 crisis, is making these decisions based on political considerations, rather than prioritizing public health.
“It’s despicable that when we offered direct help to the DOC, Commissioner DeMatteis and Governor Carney chose to play politics and put inmates’ lives at risk, but now that help is coming from a more politically palatable group, they’ve welcomed the aid with open arms.
“I’m disappointed but frankly, I’m not surprised. This is just another example of the ‘Delaware Way’ that protects the interests of the elites over everyday Delawareans, to the point that the DOC would rather put people’s lives on the line than accept a donation from a group that challenges Delaware’s corrupt status quo.”OPINION
Dear friends,
I don’t do this very often, however not having lived like a frightened hermit before for 3 months, without female companionship and no eating out, has created in me a desperate need to share. We, humans, are gregarious creatures and after a certain amount of isolation, we become situationally depressed. Indeed, I think I am truly there. For me, this living here in a veritable paradise in Palm Beach has for 6 years been an extraordinary adventure with remarkable ups and downs. Interestingly, I have always been someone who really enjoyed the taste of fine food, and I can get heavy. Fortunately, I have always been an athlete, and I love to exercise. Florida has provided me the opportunity to swim and bike voraciously year-round, so I can stay in pretty good shape for an old guy.
Unfortunately, I am diabetic, so this terrible Chinese Virus has thrown a huge monkey wrench into my emotional stability. If I catch it, I could die, so I don’t do much. I have a daily routine — my pandemic/survival routine. I awaken at 5 a.m., clean my cat’s litter box, feed her, and then I jump on my bike and ride 10 miles. I then shower, lift some weights, fix myself something to eat, take my medication, and watch political TV. I find myself getting more and more upset and angry about the state of our country. I am a huge Trump guy and I know he is the best thing for America. At one point, I felt quite confident at his re-election chances, now I am not so sure. So many of our people are grotesquely misguided. I have done quite a bit of opposition research on Biden. The man is obscene in his dishonesty. For me, considering the desperate state of our Republic, if he actually wins, that reality is beyond distressing for this old Conservative warhorse.
Folks, have you ever seen anything like it in the past 3 years? I have never in my entire life seen the likes of it all. Check out the wild events: 1) Trump wins over Hillary, 2) Fake Russia investigation, 3) Absurd Mueller Report, 4) Ukraine Debacle, 5) Impeachment of Trump, 6) Trump exonerated, 7) Pandemic hits U.S., 8) Trump cancels and shuts down the best economy in U.S. history, 9) The virus kills 126,000 Americans, 10) Bad cop kills a man in Minneapolis, 11) “Black Lives Matter” burns down and loots in every city, 12) Businesses are destroyed, 13) Absolute anarchy everywhere, even in parts of South Florida.
Worried about catching the virus and dying or getting shot by crazy looters is the way it is. It is not a great way to live. I am armed, of course, inside my condo and outside as well.
For a while, I actually got used to the solitude. I really bonded with my cat and I have reflected on the death of my wife and two failed relationships here in Palm Beach. I know who I am, I know my strengths and I know my weaknesses. I thought maybe Florida was going to get back to work and we were on the mend, but the young people are so selfish and ignorant, they have abused all openings. The idea of compatibility of opening up and maintaining social-distancing apparently doesn’t compute with this spoiled generation of liberalism! I drove by the Avocado Grill last Sunday in West Palm Beach and there were hundreds of party kids, two feet apart, drinking up a storm. Folks, Florida is now the EPICENTER of this deadly virus; yesterday we had 9500 new cases. When you combine the mass closeness in the bars and the beaches and the protests and the looting, the danger in Florida is extremely treacherous for guys like me. It makes even venturing forth to go shopping for food a treacherous situation.
Do you believe that many Democrat mayors are considering doing away with the police? It is just too much. I think I will fix myself a stiff drink of whiskey and go to bed with my cat. Enough said, back to hardcore politics tomorrow. Going to bed a bit sad and frustrated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
In what I view as the TransPerfect fight against Bouchard’s corruption in the Chancery Court, there are so many unsung heroes. Thankfully, the employees stepped up and successfully lobbied against Bouchard’s appointment to the Delaware Supreme Court. Without these heroes, in my opinion, one of the most corrupt lawmen in U.S. history would have been appointed to our state’s highest court.
The employees’ lobbying was selfless, in that, by helping make it so, Bouchard was rejected for the Delaware Supreme Court job. Also accomplished: 1. Delaware finally appointed a Black justice, and 2. They left themselves stuck with what I see as a corrupt, angry, capricious, dishonest little man for a judge who hurts Delaware. SIX YEARS LATER, Bouchard is not only still motivated to enrich his friends — also, in my opinion, he’s out for revenge for his lost DSC job — his retribution comes in the form of continuing to allow the fleecing of the company, and thereby, its 6000 employees.
People will never know most of the unsung heroes that both saved TransPerfect, and as I see it, saved Delaware from one of the darkest moments in state history, appointing a corrupt political animal like Bouchard to the DSC. Delaware truly can’t ever repay these dedicated patriots, but I will highlight one, whose name has come up again and again, in my countless interviews with employees over the years: Martin Russo.
Martin Russo is owner of Russo PLLC, and is the Chief Legal Strategist for TransPerfect. He is a Harvard Law graduate and his documented adventures fighting the cronyism, corruption and backroom deals that define Bouchard’s “Delaware Way,” can be found here (www.russopllc.com/news), including:
“In re: TransPerfect Global, Inc., C.A. No. 9700-CB Affirmed by Delaware Supreme Court:
Russo PLLC successfully guided Philip Shawe to victory in the Delaware Chancery Court after that court had for the first time in history ordered the draconian remedy of a forced sale of a successful private company against the wishes of half of the shareholders. With Martin Russo serving as the chief strategist, Russo PLLC and a team of exceptional co-counsel from other firms navigated past the negative allegations made by Elizabeth Elting and secured approval of the sale of TransPerfect Global, Inc. to Mr. Shawe.”
From listening to many of the TransPerfect employees’ tales of their fight to save their jobs, I could write a thesis on Mr. Russo, but perhaps it’s best to introduce you to the man who bested Bouchard and his cronies by introducing you to him, in his own words, from this 2016 editorial on the subject, published by Crain’s New York Business magazine. Enjoy today’s topper, and please call your elected leader and tell ’em to make Bouchard’s vengeful and blood-thirsty looting stop!
As always, your comments are welcome,
Judson Bennett-Coastal Network
https://www.scribd.com/document/321893696/Emailed-statement-from-Phil-Shawe-s-lawyer-Martin-Russo
2016 EDITORIAL FROM MARTIN RUSSO, TRANSPERFECT CHIEF LEGAL STRATEGIST, POSTED BY CRAIN’S BUSINESS
In my opinion, the sanctions decision itself is indicia of an extreme court bias against Mr. Shawe. Although Mr. Shawe was given notice on particular grounds, the court permitted Elting’s team to change its theory at trial without proper notice because Elting had insufficient evidence of the issue they had sought to sanction Mr. Shawe for: alleged spoliation. The “evidence” against Mr. Shawe on spoliation was almost exclusively based on lawyers’ arguments (not evidence by definition in any court) and a cherry-picked paid “expert” witness who had never testified before in a U.S. Court. The truth of the matter is that Mr. Shawe provided more discovery than Elting produced, and her legal team could not identify a single document that allegedly had been destroyed or withheld and caused her “prejudice.” In fact, she claimed victory on the merits.
Indeed, after the merits trial, Elting’s “expert” admitted that his findings used as a basis for filing the sanctions motion were untrue because he had not investigated the issue well enough before Eltings’ team made the allegation. Faced with this deficit of evidence, Elting’s lawyers appeared at the sanctions trial with a new theory of “lying” which had never been raised before. Shawe was tried and sanctioned for allegedly “lying” without due process.
As a consequence, it is neither surprising (i) that the court did not find the deletion of relevant evidence nor (ii) that Mr. Shawe’s attorneys were not adequately prepared to defend him against the variance in trial theory. Such unfairness is not consistent with due process. Had they been given notice of the new “lying” theory (including what issues he allegedly lied about and when), it is likely that Mr. Shawe’s lawyers could have prepared and presented evidence demonstrating that the differences in recollection were nothing more than just that – with other disclosures in the record that make them immaterial.
The recent ruling on the amount of sanctions to be paid is more of the same from the Chancellor. Although the court did reduce the fees in some instances, it utterly failed to provide due process with respect to the reasonableness of many of the fees claimed. The most extreme example of this failure is the acceptance of more than $1.4 million in merits fees from the Potter firm based on the affidavit of Mr. Shannon without any actual billing descriptions to back up the claim. It begs the question: How can the reasonableness of fees be assessed if the court doesn’t even know what work was performed? Such curious decision making is unfortunate because it also lends some weight to the speculation by others that there is a reported personal and professional relationship between Mr. Shannon and the court which may be affecting this case. I know of no such relationship and am not asserting that there has been any impropriety but accepting more than $1.4 million in fee claims without requiring backup is contrary to traditional notions of fairness. Mr. Shawe is considering his appellate opinions.
There also have been other indicia of court bias against Mr. Shawe. During the merits trial, the Court had to address Elting’s allegations of wrongdoing leveled against Mr. Shawe relating to his review of her emails on the public company server. Mr. Shawe asserted that the emails proved that Elting committed fraud and requested that Chancellor Bouchard examine the emails in camera (in private) because they proved fraud. The court was well aware that if fraud was found, it would remove the emails from any supposed claim of “privilege” (under the crime-fraud exception), but Chancellor Bouchard inexplicably refused to review them–yielding to Elting’s position with no basis in law. Chancellor Bouchard abandoned his sworn duty to equity and justice in this regard. Instead, without consideration of the content, for the purpose of the merits case he suppressed the very emails which may prove Mr. Shawe’s assertion that Elting and her attorneys engaged in a scheme to provoke Mr. Shawe and create actionable discord in the company.
These and other indicia of bias (such as the remarkable success rate of Elting’s team on all motions – which her attorneys bragged about in a Law360 article) are particularly concerning given the recent unsolicited and inappropriate negative public statement by Vice Chancellor J. Travis Laster which was directed at the free speech activities of TransPerfect employees who have been appealing to the media and the public. It is the duty of judges and lawyers to avoid the appearance of impropriety and this unprecedented instance of one seeking judge commenting on the active case of another may not be consistent with that mandate – especially when it may be interpreted as an attempt to quell first amendment rights.
At this point, the case has been certified for interlocutory appeal, and I am confident that the Delaware Supreme Court (or, if necessary, the U.S. Supreme Court) will reverse both the sale order and sanctions order based on the law. With respect to the sale order, ponder this: the facts reported in the decision by Chancellor Bouchard clearly support a finding that Elting breached her fiduciary duty by refusing to consider real estate and merger/acquisition opportunities without regard to their merit, so how is it possible that a person with unclean hands (Elting) can come to Chancery Court and obtain relief? When similar claims were brought by Elting in New York State court, it was tossed out with the sense that the whole litigation was absurd, and the parties needed to come to a solution on their own. Justice Schweitzer specifically found that it was “unclear who drew first blood.”
Mr. Shawe is resolute that the company is an industry leader that never faced irreparable harm regardless of any alleged acrimony between the shareholders. TransPerfect’s performance in 2015 was more successful than 2014, and it is on pace to perform even better in 2016 despite the litigation. He is confident that the company will continue to prosper and continues to offer $300 million cash to Ms. Elting for her shares.OPINION
Dear Friends,
I’ve been seeing ads in Delaware newspapers over the past month or so, and folks as I read them, I shake my head thinking, has it really been six years since Andre Bouchard took over the once-prestigious Chancery Court? Feels like 12 years of going backward since he took over. You’ll see in the ad below that the Center for Public Integrity ranked Delaware 48th out of 50 states for transparency and accountability, saying “judges are allowed to set their own open records rules, and dole out punishment among judicial ranks in a system that operates almost completely behind closed doors.”
And now, I look at how Chancery Court Chancellor Andre Bouchard has, in my view, somehow been dragging out one of his first cases, after taking the bench. The TransPerfect case seemingly has been milked on and on out of millions for his old pals at law firm Skadden Arps! I think to myself, how is this happening?! Is Bouchard angry or hellbent on revenge? You may see that anger when you look at his recent orders in the case, possibly because TransPerfect employees successfully helped lobby and make the Delaware Supreme Court more diverse? That happened after Tamika Montgomery-Reeves got the job on the Delaware Supreme Court, a job that Bouchard publicly applied for, and my guess is, he thought he was a shoo-in because he was already the sitting Chancellor.
In applying for that spot, and hoping to defeat Montgomery-Reeves for his own personal gain, I believe that Bouchard once again proved himself to be a man of deplorable character, and unfit for his position. Bouchard falsely trumpets diversity, except when it comes to the Delaware Supreme Court; oh and his own Chancery Court. What did Bouchard do when the one African American judge on Chancery got the open position on the Supreme Court instead of him? His response was to replace her with, who I view, as another rich, male, Country Club pal, Paul Fioravanti.
Bouchard constantly raises the bar on the deplorable hypocrisy of Limousine Liberals, and it somehow always favors his cronies.
It is completely obvious to me in his angry and capricious decisions, that he squarely blames TransPerfectfor his being overlooked for the open spot on the Delaware Supreme Court, and the embarrassment of applying for a job openly and then being rejected. The establishment will never admit it, but it was TransPerfect employees who lobbied intensely to win diversity on the court. Should those workers now face his wrath forever?
It is clear to me that Bouchard is just hellbent on revenge against TransPerfect for costing him his DSC promotion. Bouchard has never denied this vendetta as far as I’m aware, and thus he is in violation of every judicial ethical canon in the book, doling out “vengeance” masked as “justice.” I call it an abuse of power and process.
And, when will the case end?? If you want to see Bouchard stop dragging out the TransPerfect case, and stop what I plainly see as the irregular and suspicious acts that he commits daily, lining his friends’ pockets with TransPerfect funds, then call your elected officials and everyone in power who you know, and have them call, and demand that he recuse himself! Here’s what I think, folks: “Bouchard you are a stain on our state, a disgrace to Delaware Justice, and I call upon you to recuse yourself!”
When will it all end? When will there be equity for TransPerfect? Is anyone in power able to do anything about this? Maybe after the upcoming election? Let me know if you have any ideas on this, folks?
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20200528005704/en/Citizens-Pro-Business-Delaware-Launches-Print-Ad-Campaign
Citizens for a Pro-Business Delaware Launches Print Ad Campaign Slamming Chancery Court for Conflicts of Interest and Lack of Transparency
Citizens for a Pro-Business Delaware Launches Print Ad Campaign Slamming Chancery Court for Conflicts of Interest and Lack of Transparency
May 28, 2020 01:12 PM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Following a Delaware Court of Chancery ruling to dismiss with prejudice a lawsuit that sought to vacate a 2014 ruling allegedly tainted by Chancellor Bouchard’s work on the case before taking the bench while also representing the court in a separate lawsuit, Citizens for a Pro-Business Delaware announced it would be launching a series of full-page print ads to run in the Delaware News Journal. The ads highlight the conflicts of interest and failures of transparency that plague the Chancery Court and elite Delaware law firms like Skadden Arps.
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “It’s simply egregious that the Court has once again ruled in favor of Chancellor Bouchard’s former client, Roche Diagnostics, despite the obvious conflict of interest posed by his simultaneous representation of both Roche and Chancery Court Vice Chancellor Parsons before taking the bench himself. In any functional court system with checks and balances, Chancellor Bouchard and Vice Chancellor Parsons would have recused themselves from the Roche case. But of course, in Delaware’s court system, where nothing works like it should, that’s not the case.
Over and over again we have seen Chancellor Bouchard’s Chancery Court balk at even the slightest improvements to the judiciary’s ethics standards to restore trust in the state’s courts. This latest ruling makes crystal clear that the Chancery Court cannot be trusted to police itself when it comes to clear self-dealing and conflicts of interest.
“As long as the powerful elites in Delaware’s legal industry continue to enrich themselves at the expense of everyday Delawareans, we will continue highlighting their self-interest and corrupt dealings. Last week, we exposed the gross web of connections that tie the Chancery Court and Skadden Arps together and this week, we’re showing how the Court has failed to police its own judges. We won’t stop until meaningful reforms are made that shine a light on this gross corruption.”
The print ad will run in the Delaware News Journal on Friday, May 29th.Dear Friends,
My views on the Trump visit to Tulsa, Oklahoma are as follows: As an avid Trump supporter, I was delighted to see him back in action. I had mixed thoughts about the safety issue with the virus situation. However, the country must open, and until, we have a Vaccine, the danger exists. As a diabetic, I would not have gone. There were many people thwarted from going by protestors and of course the fear of the virus.
I enjoyed Trump’s speech and the crowd loved it. He preached his successes as usual and emphasized the need for law and order. The smaller crowd was naturally made fun of by the malicious media, however, 9,000 was a good number when you consider Joe Biden is lucky to get 20 people if he can remember where he is.
I really was impressed with the Oklahoma police organization and the fantastic security and crowd control that was implemented. The secret service had a huge force there as well. What could have turned into another “Black Lives Matter/Antifa” outburst was perfectly handled by the Oklahoma folks. God bless them.
There is no doubt that our culture is changing. No doubt our entire way of life is one that IN AN INSTANT could evolve into terrible danger with total chaos! Oklahoma seems to have it under control. GO TRUMP!
Sincerely yours,
JUDSON Bennett-Coastal NetworkDear Friends,
South Florida is now the epicenter for the China Virus. We did everything right for 3 months. I did everything right. I am diabetic and have to be extra careful. The state of Florida is now completely re-opened. There are requests for social distancing and some stores or locations require patrons to wear a mask.
The reason the re-opening has created the uptick in this deadly DISEASE is because of the absolute ignorance and selfishness of people under 40. They just don’t care if they kill someone like me. Frankly, it is not safe for me to be in close quarters with anyone.
There is a place in West Palm Beach called the Avocado Grill. On Sundays, they have a hot band. I drove by and witnessed over 150 people STANDING no more than a foot apart WITH NO MASKS. There is a gas station near me that sells cheap gas. There are always 20 or 30 pan-handlers hassling the customers. They don’t have masks and practice no social distancing whatsoever!
Protests and looting in Miami and Lauderdale have not helped. This deadly pandemic combined with the absolute ignorance of mob mentality is the way it is in many parts of Florida. Another day in Paradise is another day in hell right now! Don’t come here, it is not good.
That is the way I see it. I am very unhappy and extremely worried. So be it.
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Last week I wrote about the “Citizens for Pro-Business Delaware” (CPBD) ad attacking big law firm Skadden Arps for ethical breaches and lack of diversity. CPBD also ran an ad that I wrote about, pointing out the lack of transparency in the Chancery Court and the many conflicts of interest. I want you to see one of the ads I did not write about, which ran in the Delaware News Journal. I think it underlines all that is wrong with the Chancery Court and the conflicts of interest and how tangled our web really is in Delaware. In my educated opinion, it is these conflicts and associations that make Delaware a suspect place to do business and makes so many of us ask whether Delaware judges can really render fair opinions in their court when the court community is so close-knit and seemingly incestuous.
It is time for new laws and rules requiring all judges and attorneys to disclose their relationships BEFORE a case starts so that every side has an opportunity to get a fair shake. Transparency is greatly needed if our great State is to thrive.
Look at the ad below and tell me what you think?! After I saw it, I asked myself, who’s really in charge of our court system in Delaware?
Curiously Yours,
Judson Bennett-Coastal Network
http://www.delawareforbusiness.org/mediaAMERICA IS IN GREAT DANGER!
OPINION
Dear Friends,
If someone had told you a year ago that a Coronavirus developed and released by the Chinese Communist Government would kill 113,000 Americans, cause an unprecedented economic shutdown, send us into a desperate recession where people are losing everything they have, where a malicious cop would kill a criminal by kneeling on his neck — videoed for the entire world to see, creating riots and looting with police officers killed and cities burned and looted, and continuous, unprecedented protests that have paralyzed our nation, would you have believed them?
It all seemed to happen in an instant! These events have seemingly changed our world. It is like science fiction folks, but it is absolute reality.
In Seattle, Washington, several blocks have been taken over by armed insurgents and they have taken over a police station. Officials are doing nothing. Do you think this is normal? It is their intention to capture every inner-city and insert their control over the rest of us. Folks, Antifa is a violent-based outfit that creates anarchy, with an eventual socialist/communist agenda, dissolving all private property and creating a new world order.
When the fabulous, realistic depiction of the American Civil War, the movie “Gone With the Wind” is removed from HBO because OF SOME MISGUIDED premise, this to me is outrageous. When our history is destroyed by removing and defacing monuments, it is outrageous. Our history, good or bad cannot be ignored.
African Americans were definitely discriminated against, they were abused. Hell, most of us are sorry that it happened. Most of us are for equality and opposed to police brutality of any kind.
Today I bought a new 12 gauge shotgun. I renewed my concealed carry license. I bought canned goods and water. I am not going to let my country turn into chaos with mob rule. I have helped African Americans, I have helped you, I have gone to school with you, I played football with you, I want TO BE YOUR FRIEND, AND I WANT YOU TO PROSPER just like I want to!
I see something happening in our society, once subtle, now blatant and in my face. This new style of threats and intimidation, will not stand! We cannot live like this!
Folks, we are in danger of losing our freedom? Make no mistake about it! All you have to do is turn on the TV and it is right in your face, but soon it could be in your neighborhood.
Folks I am not going to get on my knees and apologize for being white! There are millions just like me. I want peace and the ability to be free and ambitious and creative.
Your comments are welcome-your ideas are appreciated.
Respectfully submitted,
Judson Bennett-Coastal Network
“Citizens for Pro-Business Delaware” has been posting a series of ads in the Delaware News Journal implicating law firms like Skadden Arps in what this activist group sees as unethical and suspicious behavior both locally and nationwide, especially involving what I see as its shady billing practices with TransPerfect, under the direction of Delaware’s Chancellor Andre Bouchard, who was once a partner at Skadden.
As a big skeptic about Bouchard’s integrity, having followed his decisions for over 4 years now, I am definitely for transparency and unbiased decisions in the Chancery Court. I frankly think Bouchard is a terrible representative of Delaware’s respected equity court and should be replaced now before it gets any worse. The Chancery Court is operating under a cloud of darkness as things are now. As I see it, folks, when you have a Chancellor who ignores obvious conflicts of interest and condones the appearance of impropriety, it must be fixed!
The Citizens group also harps on diversity. I don’t believe that someone should be appointed a judge or Chancellor, simply because they come from a certain background. That said, I do believe that regardless of their race or background, the most qualified candidate should be appointed, and right now the system is failing because we are only getting a select group from a very small pool of candidates.
Regardless, in my view, I am sure that Skadden Arps will eventually succumb to the pressure and find a few Ivy League, liberal African American Lawyers to fulfill the public demand for diversity, as will eventually the State of Delaware. Diversity is indeed a good thing, but personally, I believe, as do most of my friends and readers, that the best person for the job should be hired. That is my objective view and this old dog is not going to change his mind.
Please read the article below and tell me what you think. Thank you and best regards.
WILMINGTON, Del.–(BUSINESS WIRE)–Today, Citizens for a Pro-Business Delaware, a grassroots advocacy group, announced the latest in its series of print ads in the Delaware News Journal highlighting the conflicts of interest and failures of transparency that plague the Chancery Court and elite Delaware law firms like Skadden Arps.
The ad shines a light on Skadden Arps’ history of ethically dubious behavior both in Delaware and internationally, including their direct role in the Ukraine voter suppression scandal, the appalling lack of diversity in the firm’s Wilmington office.
The ad, in part, reads, “over the past 3 years, Skadden Arps has named 38 new partners, only 2 of whom are African-American. Of 66 attorneys in Skadden’s Wilmington office, there is just one Black partner and one Black associate.”
Said Citizens for a Pro-Business Delaware Campaign (CPBD) Manager Chris Coffey, “Over the past year, our members have been calling for Delaware to make progress in diversifying its court system, but to no avail. We said from the beginning we weren’t going to be afraid of calling out those we see responsible for perpetuating a rigged system the only helps a select few, and this ad campaign shows how serious we are about that.
“The inequities in Delaware’s justice system, caused by a court system run by mostly white judges is a direct result of firms like Skadden Arps denying opportunities to people of color. We can’t possibly expect the judges in our courts to accurately reflect the racial, ethnic, gender, and socioeconomic diversity of this state if they aren’t given the opportunity to gain the relevant experience.
“Lacking diversity in our justice system is a national and systemic issue. But in a state that’s home to the country’s busiest corporate courts, where judges are handpicked to join an old boys’ club from top firms like Skadden, it’s critical we end the status quo, and Skadden needs to answer for their role in this corrupt system.”
Once again our infamous Chancery Court is splashing negative headlines across the globe. See the sordid details in the story below from Spain’s el Economista newspaper about how the notorious Skadden Arps Law Firm helped put a political prisoner in jail for three years, where, for all we know, she was tortured?? This is quite shameful that Delaware’s Chancery Court is indirectly mixed up in any way in this terrible story. Shameful, folks.
You have to ask yourself about the connection between the millions in payments in this Ukraine story and the $15 million I clearly believe was swindled away from TransPerfect, while ordered to be collected by Chancellor Andre Bouchard’s former colleagues at Skadden? In the process, 5,000 employees suffered for almost 5 years, as their jobs were threatened by Bouchard’s Court and his court-appointed custodian Bob Pincus?! It appeared to me that Bouchard acted like an evil Robin Hood, taking money from the poor TransPerfect employees and giving it to the rich buddies at his former law firm, Skadden Arps.
And worse folks, this disproportionately hurt the minority employees at TransPerfect. They had their benefits cut, with callous disregard for their families or personal well-being! As a glaring example, I was informed that two minority members of the company’s five C-suite level executives had to sue, and won, in order to get their back pay due to actions taken by Bouchard’s former business partner Robert Pincus. Why these two minority employees in particular? Was Pincus discriminating? As you know, this issue is more important now than ever, with what is going on in our country. I worry for the future of Delaware with the incessant detrimental publicity about Bouchard’s Chancery Court that it ultimately hurts future incorporations and franchise fees.
It is interesting to point out that apparently Skadden Arps has virtually no minorities in their Delaware office either — coincidence or intentional??
Folks these continuous appearances of impropriety in Bouchard’s Court and the negative effect it has on equity and positivity worldwide is significant. Please read the article below and send me your thoughts.
The law firm Skadden, Arps, Slate, Meagher & Flom has accepted the payment of 10 million euros to Yulia Tymoshenko to avoid a lawsuit by the former Ukrainian Prime Minister, who blames the New York law firm for having actively participated in the persecution campaign policy that the former president of his country Viktor Yanukovych would have orchestrated.
Skadden’s relationship that various media attribute to the Yanukovych government dates back to 2012 with the preparation of a report in which he tried to justify the imprisonment in 2011 of the Ukrainian opposition leader for alleged abuse of power.
Citizen protests denouncing alleged corrupt practices and ties to Moscow with Yanukovych ended up in 2014 leading to the fall of his government and the release of Tymoshenko, who later accused the American office of “covering up Yanukovych and his government” in exchange for money.
The US law firm’s business in Ukraine has led to other federal investigations and heavy fines. In 2019, Skadden also agreed to pay more than € 4 million for breach of the Foreign Agents Registration Act (FARA) in lobbying work with former Donald Trump campaign adviser Paul Manafort, in favor of Yanukovych.
CONNECTIONS IN SPAIN
It is not the first time that the controversy affects Skadden. His role in the ‘TransPerfect case’, which endangered more than 600 jobs in Barcelona and 5,000 worldwide, has highlighted the shortcomings of the Delaware state judicial system and opinions have emerged that denounce an alleged treatment in favor of the supreme court judge and ex-Skadden partner André Bouchard to the court’s administrator, Robert Pincus.
After closing the forced sale of TransPerfect, some media have pointed out that Pincus continued to charge the firm for two years fees worth more than 12.5 million euros. The invoices for these works remain sealed by decision of Judge Bouchard, alleging that they must be kept secret.
OPINION
Dear friends,
How many people have to accuse this judge, which now includes a former Chancellor, of outrageous conduct before we stand up and do something about Chancellor Bouchard? Former Chancellor William Chandler, seemingly flabbergasted at Bouchard said, “I have never seen anything like it!”
Sussex County resident, Bill Chandler, has publicly stated, “It appeared from company records that the new committee members are to be paid $250,000 each for roughly two months of service and resign once they decide on the existing committee’s authority,” Chandler said in the Law360 article below. This prompted Chandler’s seemingly exasperated comment.
“I’ve never seen anything like it,” folks! Let that sink in. That from a former Chancellor, about current Chancellor Bouchard.
Behold…
– Poof! $300 million in expenses, unaccounted for, including $15 million to Skadden, and no bills sent in the TransPerfect case. Thousands of workers’ lives decimated, and health benefits cut for 5 years!
– Meso vs. Roche. Bouchard assigns his underling, a sitting Vice-Chancellor, to pass what’s obviously-gonna-be a cozy judgment on his — what I see as a quite clear — conflict of interest, and lack of transparency and disclosure, and magically, of course: Bouchard is exonerated on all charges?!?
– Design Within Reach. In my view, Bouchard allowed his attorney buddies to re-write contracts, retroactively, to change the past!!! … somehow creating a victory for his favored party?!
It is my sincere belief that If your attorneys are friends with Bouchard: You don’t have to abide by your contracts; your agreed-upon exit strategy means squat (we’ll just auction off an industry leader); your fiduciary duties mean nothing (you can break them); your adversaries’ Constitutional property rights mean nothing (Shirley Shawe in the TransPerfect case); your duty to disclose your bills as a court-appointed custodian means nothing (Bouchard orchestrated his former employer Skadden getting $15 million without anyone ever seeing a single bill)!
I also believe that this is NOT THE LAW and Bouchard is NOT a Servant of Justice. I think he is a servant of HIMSELF, his affluent Greenville neighbors, and his Good Ol’ Boy Country Club friends!
To this American, political pundit, and investigative reporter, it’s outrageous! What is to you? As always, your feedback is welcome!
Sincerely yours,
Judson Bennett-Coastal Network
https://www.law360.com/articles/1277311
WeWork Committee Dealt Blow To Control Over SoftBank Suit
By Rose Krebs
Law360 (May 27, 2020, 10:04 PM EDT) — The Delaware chancellor Wednesday denied a bid by a special WeWork committee to bar the company from appointing a new committee to consider whether it has standing to proceed with a suit filed against SoftBank Group Corp. over a canceled deal to buy $3 billion of WeWork’s shares.
During a hearing held via telephone, Chancellor Andre G. Bouchard said he would leave the door open for the special committee to challenge any future decision affecting its authority to pursue the derivative suit.
“I will not wade into the merits of this application at this time,” the chancellor said. The special committee’s bid for a status quo order would bar WeWork’s board from forming a new committee to determine whether the current committee has standing to file suit on behalf of the company.
The chancellor said he would reject the current request because it would be akin to levying a temporary restraining order to prevent a “speculative” harm that has yet to happen as the committee’s suit heads toward a dismissal motion hearing scheduled for July.
The dispute relates to the WeWork special committee’s suit filed in April over a canceled deal for SoftBank to buy $3 billion of WeWork’s shares. That suit says the Japanese investment giant was reaping the benefits of a larger bailout agreement but now backtracking on its end of the contract.
In October, the two sides said SoftBank would take an 80% stake in WeWork as part of a $9.5 billion rescue package. On April 2, SoftBank said it was canceling its $3 billion transaction and cited various conditions, including the New York-based WeWork’s failure to earn certain antitrust approvals, the fallout from the coronavirus pandemic and a failure to sign and close the rolling up of a joint venture in China.
Additionally, SoftBank said its decision was due to “multiple, new and significant pending criminal and civil investigations” related to WeWork’s financing activities, communications with investors and business dealings involving WeWork’s co-founder and former CEO Adam Neumann. Neumann, who would have received a significant portion of the proceeds from the $3 billion tender offer, resigned last year after pressure from investors.
Neumann filed his own suit earlier this month, asking the court to force SoftBank to go through with its canceled deal. Neumann asserts that SoftBank and its affiliated entity Vision Fund LP have “doubled down” on an alleged abuse of power by claiming the special committee was not authorized to sue and that instead the company’s board should decide whether to pursue litigation.
The special committee that argues that WeWork’s board has no right to revoke the power that it previously allotted to the special committee and pursue plans to appoint a new committee solely for the purpose of deciding whether the committee even had standing to file suit.
Committee attorney William B. Chandler III of Wilson Sonsini Goodrich & Rosati PC accused the company and its counsel Skadden Arps Slate Meagher & Flom LLP of trying to do an “about face” and move forward with a process to install new “pseudo” directors to take away the authority of the existing committee and muddy the litigation waters.
According to a court filing Wednesday from Robert S. Saunders of Skadden Arps Slate Meagher & Flom LLP, WeWork’s parent company’s board is set to meet Friday to consider the appointment of “two new disinterested and independent directors” to a committee that will decide whether the existing special committee has the authority to pursue litigation on behalf of the company.
Chandler said it appeared from company records that the new committee members are to be paid $250,000 each for roughly two month of service and resign once they decide on the existing committee’s authority.
“I’ve never seen anything like it,” Chandler said.
“This process is imminent. This process should not be permitted to go forward,” he added.
Saunders said the company board was simply trying to “do the right thing” by setting up a new committee of independent directors to consider the dispute, given that SoftBank has raised concerns about potential conflicts of interest on the existing two-member committee and questioned its standing to bring suit.
“This court should not rule on hypotheticals,” SoftBank Group attorney Erik J. Olson of Morrison & Foerster LLP told the chancellor. The court should not “squelch” any efforts to appoint independent directors to consider the dueling claims among parties, Olson said.
The chancellor agreed to let matters play out and told the special committee it can seek relief from the court later if need be and if any newly seated committee determines its standing to pursue the suit.
“WeWork is pursuing best practices of corporate governance to determine what role if any WeWork should have in this contractual dispute among its shareholders,” a SoftBank Group representative told Law360 after the hearing on Wednesday. “The court’s decision today allows that process to go forward.”
The WeWork special committee is represented by William B. Chandler III, Lori W. Will, Brad Sorrels, David J. Berger, Lindsay Kwoka Faccenda, Dylan G. Savage, Michael S. Sommer and Leah E. Brenner of Wilson Sonsini Goodrich & Rosati PC.
The We Company is represented by Robert S. Saunders of Skadden Arps Slate Meagher & Flom LLP.
SoftBank Group is represented by Elena C. Norman, Rolin P. Bissell and Nicholas J. Rohrer of Young Conaway Stargatt & Taylor LLP; and Erik J. Olson, James Bennett and Jordan Eth of Morrison & Foerster LLP.
SoftBank Vision Fund is represented by Michael A. Barlow and E. Wade Houston of Abrams & Bayliss LLP; and John B. Quinn and Molly Stephens of Quinn Emanuel Urquhart & Sullivan LLP.
The case is The We Company v. SoftBank Group Corp. et al., case number 2020-0258, in the Court of Chancery of the State of Delaware.
–Additional reporting by Benjamin Horney, Dave Simpson, Tom Zanki, Mike LaSusa and McCord Pagan. Editing by Peter Rozovsky.OPINION
Dear Friends,
Nice guy, fun to talk with about sports, Governor John Carney (D) (from my perspective) is not a positive force in Delaware for many reasons. In my view, he has really missed the boat on reasonable re-openings of Sussex County beaches and businesses. Frankly, I was shocked at his dictatorial and authoritarian stance on his closing of Delaware and the police state that developed under his leadership. Ignoring the pleas from Republican legislators, Carney has wrongfully designated unfair and unreasonable restrictions on Delaware’s business community.
One thing that Carney failed to appreciate is that there are three very important weekends for beach businesses — Memorial Day Weekend, July 4th Weekend, and Labor Day Weekend. The people in Lewes, Rehoboth, Dewey, Bethany, and Fenwick were literally devastated by Carney’s absurd orders.
The financial hardship was devastating when they could not profit from Memorial Day Weekend. He ran a police state with harassment and threats from the authorities that could permanently destroy many struggling enterprises. Roadblocks with former Soviet Union type tactics with troopers following homeowners was beyond acceptable. Fishing charters were prohibited and ridiculous rules about swimming or sitting on the beach and having the boardwalk closed, were unreasonable prohibitions that were not necessary.
Carney’s failure to investigate the obvious appearances of impropriety in the Court of Chancery is, to me, a further indication of his lack of understanding of the importance of maintaining Delaware’s incorporation business. When you combine his lack of economic understanding with his apparent underestimation of the disconcerting riots in Dover and Wilmington, which further hurt business, are an indication of his leadership abilities.
This Governor is vulnerable and could lose if the Republicans can get it together!
A young vociferous activist named Seth Exter, who defied the ban on beach use, actually went down on the beach, planted a Trump flag in the sand, and went in the water. Recently he was quoted on Facebook as saying: “I told you so! ABC reports that the lockdown had no effect in stopping the spread of Covid19.” Exter was considering running for Governor!
Frankly, I believe John Carney would be a good coach, but as the Governor of Delaware — NO way!
Please read the article below about the strife and upsets that occurred.
As always your remarks are welcome and appreciated!
Sincerely yours,
JUDSON Bennett-Coastal Network
https://whyy.org/articles/coronavirus-update-gop-lawmakers-demand-earlier-wider-del-reopening/
Coronavirus update: GOP lawmakers demand earlier, wider Del. reopening, call Carney moves ‘unconstitutional’
Delaware Gov. John Carney answers questions regarding Delaware’s response to coronavirus during a press briefing at the Carvel State Office building in Wilmington on April 3, 2020.
By Cris Barrish
May 20, 2020
On Wednesday, Delaware officials reported 8,194 cases of the coronavirus, 310 related deaths and 220 current hospitalizations.
A chorus of downstate Republican legislators has taken aim at Democratic Gov. John Carney, demanding he reopen Delaware quicker and more broadly and asking U.S. Attorney General William Barr to review their claim that Carney’s shutdown orders have violated the constitution.
The complaints voiced in the two GOP letters reflect what has become growing disenchantment among some residents, business owners and politicians to Carney’s March 12 declaration of a State of Emergency in response to the coronavirus crisis. Thursday will mark 10 weeks that the emergency has been in effect.
“It is time to say, ‘Enough is enough.’ Your Phase One “reopening” of the Delaware economy is too little, and too late,’’ the letter from 15 state Senate and House members from Kent and Sussex counties wrote to Carney.
Among the moves the letter wants Carney to make:
· Move up the first phase of reopening statewide to Friday, the start of Memorial Day weekend, instead of his target date, June 1.
· Allow short-term rentals and stop blocking non-residents from coming to Delaware unless they quarantine for 14 days.
· Let churches, child care centers, youth sports and other activities return to normal.
· Audit hospitalizations and deaths in part because of “chatter in the medical community about deaths being classified as COVID-19 that perhaps should not be.”
“We urge you in the strongest possible terms to give people and business owners back their freedom and let them assume responsibility for themselves and their communities,’’ the lawmakers’ letter to Carney said.
The letter to Attorney General Barr was written by Sens. Brian Pettyjohn of Georgetown and David Wilson of Milford and Rep. Ruth Briggs King of Georgetown.
They contend that Carney’s emergency declaration and subsequent steps such as closing businesses, forcing visitors into quarantine and limiting public gatherings were “taken without legislative or judicial consent and without due process for the citizenry.”
One example they cited is Carney’s March 22 stay-at-home order except for work he deemed essential and shopping for necessary items such as groceries or medicine.
“This order strips the important constitutional rights of the citizens of Delaware,” amounts to “an unconstitutional restriction on travel liberties and imposes criminal penalties for actions not approved by the General Assembly.”
The letter charges that Carney “has usurped the authority’’ of citizens and Delaware’s legislative and judicial branches of government’’ and requests Barr’s “immediate attention to this broad, unconstitutional overreaching.”
Carney wouldn’t agree to an interview with WHYY about the letters, but criticized the one sent to him at his press briefing Tuesday.
Carney recently allowed non-essential retail businesses such as clothing and sporting goods stores to reopen with curbside service, and hair salons with strict sanitary guidelines and limitations. He’s permitting a limited reopening of beaches and boardwalks starting Friday for the holiday. Churches, which had been limited to gatherings of no more than 10 people, can open at 30 percent of capacity.
“I’m very disappointed in that letter,” the governor said. “It just sounds political. This is not a time for politics. This is a time when Delawareans pull together — Democrats, Republicans and independents … We’re a state of neighbors who treat one another like neighbors and we’re going to through this as neighbors.”
Carney said the letter contained “inaccuracies’’ he did not specify and noted that several Republicans did not sign it, “which tells me something in and of itself.’”
Nine of the 24 House and Senate Republicans did not sign the letter.
Republicans are in the minority of both chambers of the Delaware General Assembly and don’t hold a single statewide elective office in a state where registered Democrats far outnumber Republicans.
The governor derided the “divisive tone’’ and said he has been speaking regularly with many of the GOP lawmakers whose signatures are on it “and they never led me to believe’’ they objected so strenuously to his moves.
This is a situation like we’ve never experienced in our history,’’ Carney said. “It’s uncharted territory for all of us. We’ve tried to make decisions using the data and the science, to inform those decisions incorporating points of view across the spectrum.”
Carney spokesman Jonathan Starkey added that the GOP lawmakers “seem to be recommending the governor’s own strategy to him, saying he should be opening businesses as we can safely do so. That’s what the governor is doing. They know Delaware is implementing a ‘rolling reopening.’”
On the letter to Barr, Starkey said the GOP trio “expressed constitutional concerns to the federal government about Delaware implementing a contact tracing program. It was the federal government — the White House and the CDC — that recommended all states set up contact tracing programs before they safely reopen their economies.”
Group starts Immigrant Fund to assist undocumented
A grassroots group that unsuccessfully urged Carney to use state taxpayer dollars to provide financial relief for undocumented immigrants is now trying to raise money for them on their own.
Safe Communities Coalition says the Delaware Immigrant Fund is to support Delaware’s undocumented immigrants. The groups says there are 30,000 undocumented people living in the state.
Among other measures, the group wanted the governor to create a disaster relief fund to provide assistance to undocumented residents who are ineligible for unemployment insurance benefits and other relief including the CARES Act.
“We joined a few calls with the governor and Latino leaders and we left the conversations frustrated about his response. So we decided to get something started at the grassroots level and the response has been heartwarming,” coalition co-chair Dalissy Washington said.
Washington said Wednesday that since its inception a few days ago, the fund has received $12,567 from 99 donors. Business and philanthropic support is also being sought, she said.
Undocumented Delawareans will be eligible to apply for mini-grants of $100 to $1,000 to support basic needs. Those living in hard-hit Sussex County will get priority in the initial round of awards.
“What we have been hearing from immigrants working in the poultry industry in Sussex County is particularly alarming,” fund co-founder Erika Gutierrez said. “Some have shared about how scared they are to go to work. Others are sick but have to go to work to support their families. Something has to be done.”OPINION
JUDSON Bennett’s Coastal Network
Dear Friends,
If someone had told me I would be living alone in a one-bedroom apartment, in West Palm Beach, Florida, these days, as a senior citizen with a cat named Miss Josephine who I adore, I would have said they were crazy. Well folks, indeed that is the situation. After my darling wife, Maria died of breast cancer 7 years ago in Delaware, I decided to seek a new life in South Florida. It started with a failed romance in Palm Beach with, interestingly, a woman who I had first dated when I was 18 and was my first girlfriend. After that relationship failed, I was the victim of an Eastern European gold-digger. So, I decided to take a major pause from all women, for a time.
Needless to say, this coronavirus has made my hiatus from the opposite sex a necessity and has given me much time to reflect on the past and my former life in Lewes, Delaware, where I made my living as a ship’s pilot and raised my family. Much of my reflection lately has been about my childhood and the way it was in Lewes, Delaware in those days.
My parents had a wonderful house right on the beachfront on the Delaware Bay. I spent my days in the summer, swimming, fishing, boating, and crabbing. Lewes was a conservative town with conservative values. Indeed, life was different. I remember the old Lewes Movie Theater. The price of admission when I was a kid was 20 cents. My mother would give me a quarter, so I would buy a Peppermint Patty candy for 5-cents! Times sure have changed.
Lewes was a wonderful community to grow up in, to make a good living, and to raise a family. Nestled at the mouth of the Delaware Bay, it for years was an undiscovered paradise with fabulous fishing and safe beaches for small children. Unfortunately, but indeed good for real estate values, Lewes has become a bastion for liberal folks to retire and they now control the town. Unheard of things like impeach-Bush protests, and worse, occurred every Sunday.
Being a Republican leader — while favoring managed growth — my ideas of the right kind of government in liberal Delaware are no longer compatible with the new population, especially in the first town in the first state. Nowadays, things like making Delaware a sanctuary state and making it a destination for late-term abortion are disconcerting facts of life. The legislature is allowing its courts to become compromised and lately the small wonder has become a police state with Governor Carney showing his true authoritarian colors!
So here I am these days, working like hell against Delaware’s corrupt Joe Biden and working like hell to re-elect President Donald Trump here in Florida. My biggest worry is survival, as I am now a senior citizen and although in good shape, I do have diabetes, so I am at greater risk if I catch this damn virus. I just felt like sharing a little stuff.
God bless you all! Below is a brief history of Lewes which you might find interesting.
Best regards,
JUDSON Bennett-Coastal Network
A Brief History of Lewes
histor1 “Twenty-two years after it was discovered by Henry Hudson on an August evening in 1609, the point of land separating the Atlantic Ocean from the Delaware Bay, now known as Cape Henlopen, was selected by the Dutch as an ideal site to establish a whaling station. It was not an auspicious undertaking. The thirty-two settlers were destroyed by a group of local inhabitants, as a result of a dispute over a Dutch coat of arms the settlers had mounted on their settlements.
In 1862, the land which now comprises the State of Delaware was conveyed to William Penn by the English Courts at which time the embattled settlement was named Lewes (loo-iss) in honor of the town in Sussex County, England.
But the travail was not over yet. The town was visited by Captain Kidd and other pirates as late as 1698. And then during the War of 1812, a British frigate bombarded the town. The casualties were a wounded pig and a dead hen. One of the town buildings still proudly wears an embedded cannonball from the bombardment.
Through all of its hectic history, Lewes has been essentially a seafaring town. Blessed with an excellent harbor, it still remains an East Coast port of call and is home to a large fleet of charter fishing boats stationed on the canal along Pilottown Road. It is likewise the base of the Delaware Bay and River Pilots Association, whose members guide cargo vessels to and from the ports of Wilmington and Philadelphia. Lewes is also the site of the University of Delaware College of Marine Studies and is the southern terminus of the Cape May-Lewes Ferry.”
Attachments area
I am constantly monitoring the decisions of Delaware’s Chancellor Bouchard and frankly, in my view, after his grotesque and extremely biased handling of the infamous TransPerfect case, and the well-known fiasco involving the corrupt appointment of one of his cronies as Clerk of the Sussex County Register of Wills office prior to the TransPerfect debacle, I believe he no longer passes the ethical standards of legality. These incidents have given this investigative reporter many reasons to bird-dog this political, poorly-vetted, and as I see it, predisposed, and subjective Chancellor of Delaware’s nationally acclaimed equity court.
Check out the recent decision in the Meso vs. Roche case covered in Law360’s story below. Here we go again with Andre Bouchard and, in my opinion, his court full of never-ending conflicts of interest. In this case, Chancellor Andre Bouchard apparently cost a legitimate company big time.
Bouchard, as a private lawyer, was hired by the Chancery Court in 2011 — which was run by his former intern at Skadden Arps, Leo Strine, then Chancery Court Chancellor — to defend the Chancery Court from a lawsuit filed by the Delaware Coalition for Open Government seeking to prevent the Chancery Court from holding their proceedings secretly. At the time of that lawsuit, Vice Chancellor Donald Parsons was sitting on the bench and obviously got to know his lawyer Andre Bouchard very well, as most clients do. Fast forward to June 2014 and Bouchard is now representing Roche Diagnostics GmbH in an intellectual property dispute with the Plaintiff Meso Diagnostics while he was still a private lawyer.
Prior to starting the case, it is required by all attorneys to inform their adversaries of any special relationships they might have had with the judge prior to the case starting. Of course, Bouchard made no mention of the glaring conflict of interest that he had defended Vice Chancellor Parsons just a few years before, which would have surely prompted the opposition to file a motion to have Chancellor Parsons recuse himself from the case. Seems to be a habitual problem with this Chancellor?
Sure enough, two months before Chancellor Parsons filed a decision dismissing the case against Bouchard’s client Roche Diagnostics and thereby costing the plaintiff, Meso Scale Diagnostics, millions of dollars, Bouchard withdraws from the case to become — that’s right you guessed it, folks — the new Chief Chancellor of the Chancery Court, effectively becoming Parson’s boss. It wasn’t until a few years later in 2018 that Meso discovered Bouchard’s huge conflict of interest with Chancellor Parsons.
This discovery prompted Meso to make a motion to vacate the judgment. The motion was heard by Chancellor Slights in the Chancery Court, whose office is a few doors down the hall from Bouchard. Of course, to no one’s surprise, Chancellor Slights ruled that it was ridiculous to think that this relationship between Bouchard and Parsons would have any effect on the case. While most people would recognize this as outrageous, in Delaware, it’s just another day. My friends, this kind of underhanded trickery, from my perspective, is exactly what’s wrong with Delaware these days, under Andre Bouchard. He’s apparently made a mockery of the Chancery Court while making millions representing them.
These vice-chancellors, under “Boss” Bouchard, in my opinion, stick together, collude and regulate accordingly! Folks– IT STINKS! It’s bad news for all concerned. It has become apparent to this lifetime Delawarean that making up laws to suit profitable friendships is a uniquely Delaware trait.
As far as I’m concerned, Bouchard never should have been given the job in the first place. Perhaps the Delaware Senate should spend some more time researching prospective candidates for judgeships. When he was confirmed, his friends on the judiciary committee led by now “thrown out” Greg LaVelle, didn’t ask one question! After years of observation, research, and poring over court documents, I truly believe Andre Bouchard is protected by a very friendly Bar Association, which provides cover for his arrogant incompetence! Delaware has evolved into an incestuous legal community with poorly-planned and ill-conceived appointments that betray the businesses incorporated there.
Folks, please read the Law360 news story below, written by Jeff Montgomery, who captures the difficulties that are created in a Chancery Court, where controversial rulings are constantly happening, caused indirectly or directly by Andre Bouchard. In my view, Delaware would be better off cleaning house and removing Chancellor Bouchard from the bench.
SCROLL DOWN and read the article and let me know if you agree.
As always your comments are welcome and appreciated!
Law360 (May 18, 2020, 6:08 PM EDT) — The Delaware Chancery Court dismissed with prejudice on Monday a suit seeking to vacate a 2014 ruling allegedly tainted by Chancellor Andre G. Bouchard’s work on the case before taking the bench while also representing the court in a separate lawsuit.
In a telephone ruling, Vice Chancellor Joseph R. Slights III rejected Meso Scale Diagnostics LLC’s claim that now-retired Vice Chancellor Donald Parsons should have recused himself because of alleged conflicts created by Chancellor Bouchard’s representation of Meso adversary Roche Diagnostics GmbH in an intellectual property dispute while still at the helm of Bouchard Margules & Friedlander PA.
Then-litigator Bouchard left the Meso-Roche case a month before taking his current position, and two months before Vice Chancellor Parsons ruled against Meso on June 25, 2014, finding that Meso was not a party to a license agreement Roche acquired in a merger. Meso had claimed that Vice Chancellor Parsons had been influenced by Chancellor Bouchard’s representation of the Chancery in unrelated litigation over the closing of arbitration proceedings presided over by members of the court.
But Vice Chancellor Slights said there was no reasonable inference of harm from Vice Chancellor Parsons’ actions or the claims made by Meso in connection with the overlap of Chancellor Bouchard’s work for Roche and his work for the Chancery Court and the state in that case, which involved First Amendment issues.
“The best the complaint can muster is that Vice Chancellor Parsons may have felt a debt of gratitude to then-attorney Bouchard,” Vice Chancellor Slights said, rejecting Meso’s due process claims that “the typical judge in Vice Chancellor Parson’s position would have had an unconstitutional potential for bias while presiding over the Meso v. Roche litigation.”
Vice Chancellor Slights pointed to a string of state, federal and appellate decisions supporting a finding that Meso’s claims failed to meet court rules for relief from judgment, and failed to support claims that the decision should be automatically void because of the lack of recusal.
“Notwithstanding our judicial system’s strong interest in the finality of judgment, Meso argues, in essence, that I should completely ignore that it is seeking to vacate this court’s final judgment in Meso v Roche long after it was entered,” the vice chancellor noted.
In particular, the vice chancellor rejected arguments that a 2010 U.S. Supreme Court decision in United Student Aid Funds v. Espinosa supported the idea that “any due process violation” will trigger relief from a decision. He also said that a 2016 high court decision in Williams v. Pennsylvania , which found an impermissible risk of bias in a judge’s personal involvement with a prosecutor in a case before him, did not apply to the facts in the Delaware case.
Meso’s argument, Vice Chancellor Slights said, would mean that any decisions or judgments in a case that was before Vice Chancellor Parsons during the First Amendment case in Delaware “are now instantly void, without any assessment of materiality.” He added: “Such a holding would, to borrow from Espinosa, ‘swallow the rule.’
Also working against Meso’s position, the vice chancellor said, is that a separate part of the court’s rules require prompt action on motions to vacate a judgment.
Meso argued that it learned of Chancellor Bouchard’s involvement in the overlapping First Amendment case only during an internet search in 2018. The company said that it took another year to find Delaware counsel for the suit to void the ruling and require a new trial.
“Meso has not requested relief in a reasonable time nor has it identified the type of extraordinary circumstances that might justify relief,” the vice chancellor said. He described as “conspicuously absent” any information on whether or not any of Meso’s attorneys were aware of Chancellor Bouchard’s involvement in the First Amendment case.
“Meso maintained it had reached out to its agents, including its former counsel’s law firm, but that is not pled in the complaint,” the vice chancellor said, adding that “Meso is not entitled to reasonable inferences flowing from facts it has not pled.”
Neither Meso nor Roche immediately responded to requests for comment.
Meso is represented by David L. Finger of Finger & Slanina LLC, and William S. Consovoy and J. Michael Connolly of Consovoy McCarthy Park PLLC.
Roche is represented by Donald J. Wolfe, Matthew E. Fischer, Timothy R. Dudderar, J. Matthew Belger and Andrew H. Sauder of Potter Anderson & Corroon LLP, and Thomas L. Shriner Jr. and James T. McKeown of Foley & Lardner LLP.
The case is Meso Scale Diagnostics LLC et al., v. Roche Diagnostic GmbH et al., case number 2019-0167, in the Court of Chancery of the State of Delaware.
–Additional reporting by Vince Sullivan, Caroline Simson and Vin Gurrieri. Editing by Adam LoBelia.
Read more at: https://www.law360.com/articles/1274491?utm_source=ios-shared&utm_medium=ios&utm_campaign=ios-shared?copied=1
I’ve been using my column as a soapbox to complain about Chancery Court Chancellor, Andre Bouchard, and what I view as the lame nonsense and bullying coming from his bench over the past few years, specifically from the TransPerfect case, among other things, which have been, in my opinion, levels of corruption, too hard to believe. His ties to law firm giant, Skadden Arps, have been well documented here and elsewhere over the past few years.
Well, folks, now we’re seeing what I think is a new low for even this group, new facts have come to light, according to the press release below that, Jennifer Voss, who is a partner in the Skadden Arps’ Wilmington office, was “purported to act on behalf of the Delaware Judiciary when she attempted to silence the advocacy group, Citizens for Pro-Business Delaware (CPBD).” The group is founded by TransPerfect employees and Delaware residents and is looking to help create transparency, accountability and diversity in Delaware courts. So why is Voss seemingly trying so hard to silence this group, in coordination with the Chancery Court? Is it because they’ve been critical of her colleague Robert Pincus? Something isn’t right here, folks.
As we all are, this Citizens group is protected by the First Amendment and no matter how hard attorney Voss tries, that isn’t going to change. Thank goodness our founding fathers created a Constitution that is designed to protect all of us, including free speech, which is one of the things that sets this country apart from others and makes America great! Authoritarian and corrupt people in all walks of life will attempt to skew the law and ignore the Constitution if you let them get away with it. The appearances of impropriety continue to be rampant, in my view, with what I further believe, between such law firms, the state’s courts, and the Bar Association.
Founder Chris Coffey doubled down on the group’s commitment to pursuing these changes and will continue to strive for these goals. Citizens for Pro-Business Delaware are willing to put their money where their mouths are. He said the group will be spending half-a-million dollars this year to put a spotlight on failures in Delaware’s courts while continuing their battle for reform.
He even plans to create a political action committee, dedicated to electing candidates at every level of Delaware’s government. As someone who has deeply cared about and influenced Delaware politics for years, I think that’s a perfectly good idea! No doubt with the dedication and capital this organization is willing to commit, Citizens for Pro-Business Delaware will be an effective political operation! Call me, Mr. Coffey, anytime. I’d be happy to advise you and your group on the ways of Delaware politics and how to get things done in America’s First State! I am happy to promote the changes you advocate because things are not right in Delaware these days in my opinion!
I think Ms. Voss’s attempts to silence Citizens is downright unconstitutional. The First Amendment, this Citizen’s Group, and our great state won’t go down so easily!
Let me know what you think about this, folks! Delaware is Rising!
Citizens for a Pro-Business Delaware pledges to spend $500,000 in 2020 highlighting the failures in Delaware’s courts, in addition to forming a Political Action Committee
May 07, 2020 10:00 AM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Following a series of recent filings in the Delaware Court of Chancery, new facts were released publicly that Jennifer Voss, a partner in Skadden Arps’ Wilmington office, was purported to act on behalf of the Delaware Judiciary when she attempted to silence the advocacy group, Citizens for Pro-Business Delaware (CPBD). CPBD, a grassroots organization founded by TransPerfect employees, advocates for transparency, accountability and diversity in the Delaware Judiciary has been subject to threats and hate mail from some of Delaware’s elite law firms.
“If Voss and Skadden would like to engage in a meaningful conversation about how to end corporate corruption and cronyism, and the overwhelming lack of diversity in the Delaware Chancery Court, we’ll meet them anytime and anywhere – we’re in this fight for the long haul.”
During a heated exchange of attorney correspondence, Voss is alleged to have publicly posted privileged settlement communications between attorneys representing TransPerfect and Skadden Arps in violation of ethical canons. The substance of the emails revealed that Voss sought to silence the CPBD movement by disallowing any public discourse that casts a negative light on Custodian Robert Pincus, Skadden Arps, the Chancery Court system, and the State of Delaware.
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “Our organization is made up of more than 5,000 Delawareans working to increase accountability, transparency, and diversity not just in the state’s judiciary, but the entire government. The First Amendment clearly protects our right to call out injustice where we see it. It’s unfortunate that Skadden would try to dictate the actions of our members without actually talking to us directly. But what we want to see happen should come as no surprise to anyone, as we have relentlessly advocated for our platform for increased judicial transparency, accountability, and diversity for the better part of a year. To demonstrate our commitment to stay in Delaware for the long haul, we will be spending over $500,000 this year to highlight the failures of transparency and diversity in Delaware’s courts and advocating for reforms to fix the broken status quo, and we’re planning to declare a political action committee dedicated to electing candidates at every level of the state government who support our cause.
“If Voss and Skadden would like to engage in a meaningful conversation about how to end corporate corruption and cronyism, and the overwhelming lack of diversity in the Delaware Chancery Court, we’ll meet them anytime and anywhere – we’re in this fight for the long haul.”
Citizens for a Pro-Business Delaware fight for commonsense and modern-day reforms to the archaic Chancery Court system, and for more diverse representation in courts, and government and in law. It supports the following legislative initiatives:
1. Establishing an independent Office of Inspector General with a degree of jurisdiction over the Chancery Court, which would ensure a rigorous and regular review process for auditing the Chancery Court’s decisions.
2. Ensuring that Delaware’s courts reflect the ‘broad diversity’ of Delaware’s citizenry.
3. Introducing transparency to the judicial nomination process by making public the members of the judicial nominating commission and the names of the candidates they put forward to the Governor.
4. Building awareness of the lack of diversity in Delaware’s legal industry and advocating for a diverse pipeline to Delaware’s elite law firms.
5. Ensuring that appointed Members of Courts can’t serve on the Court of Judiciary, which has the power of judicial review.
6. Ensuring that if a Justice of the Chancery Court appoints a custodian or a receiver to any Firm, Corporation or Officer of the Court for whom they were previously employed or shared business interests with, this conflict must be disclosed and consented to by both parties.
7. Requiring that any custodian or receiver appointed by the Delaware Chancery Court itemize and make public a complete list of costs incurred because of acting in that capacity.
8. Allowing a camera in the Chancery Court to ensure that a public record exists of the Court’s actions, allowing citizens and good government groups to audit the Court’s actions and deliberations to make sure they honor justice and transparency.
9. Requiring ‘wheel spin’ in the Chancery Court so that Chancery Court
Chancellors cannot select cases based on their own self-interest.
10. Requiring financial disclosure by Delaware’s judges so the public can see the income they receive outside their judicial salaries, including investments, business and charitable affiliations and gifts.
OPINION
Dear friends,
What is happening in Delaware is outrageous. Governor John Carney (D) is running a police state and is literally breaking business owners’ backs, sending them into financial destitution. And with the state’s strict enforcement, you can’t even go fishing without huge police harassment.
Well, folks, with all this Carney-inspired coronavirus hype, the hypocrisy within much of his administration remains rampant! Face-masks are an important part of the recovery plan nationwide, but apparently, Delaware ignored its inmates and three prisoners died at James T. Vaughn Correctional Center just in the past few days. These gentlemen were all over the age of 60 and didn’t have masks to use.
The situation is grotesque in its entirety because an activist group called “Citizens for Pro-Business Delaware,” offered 4,600 masks to the prison facility, yet after the gift was accepted, it was promptly rejected! The question is, why?! It absolutely does not make sense. And now prisoners have paid with their lives.
“Citizens for Pro-Business Delaware” is actively working to make Delaware’s court system fairer, less biased, and more effective. In my view, the Citizens group is a good thing and their causes and operations are beneficial for the entire state. This altruistic enterprise had already given away 10,000 masks to front-line health workers. The group is helping people and to have a gift of 4,600 masks totally rejected is absurd!
Folks, you can’t have enough masks and the hypocrisy here is unbelievable. You have close to martial law in Delaware with strict adherence to social distancing, etc. The only possible reason for the rejection of the masks has to be political because the Citizens group has been critical of Governor Carney’s administration and has rocked the Status Quo boat of Delaware’s mismanaged and antiquated Chancery Court.
Folks, to reject these masks while inmates still do not have enough masks — and while prisoners are getting sick — is indeed outrageous and frankly, as I see it, downright criminal! What the hell is the matter with these people??
Governor John Carney, shame on you! The Department of Correction (DOC) is one of Delaware’s largest expenditures and help was being offered where it was most needed. Stop the hypocrisy and protect the inmates from the hellholes that Delaware prisons are. Show some compassion and some decent humanity. For God’s sake — provide them with more masks than they need!!!
Please read the disturbing article below and let me know your thoughts.
Respectfully yours,
Judson Bennett-Coastal Network
CHECK OUT THE ARTICLE:
Following Inmate COVID-19 Death and Spike in Cases at State Prison, Citizens for a Pro-Business Delaware Slams State Corrections Department for Rejecting Offer of 4,600 Face-masks After Initially Accepting
*RELEASE* May 13, 2020
Contact: Chris Coffey, [email protected]
Wilmington, DE – Today, following the death of a Jim Hunter, an inmate at the James T. Vaughn Correctional Center in Delaware, Citizens for a Pro-Business Delaware slammed the State Department of Correction (DOC) for failing to provide personal protective equipment (PPE) – including facemasks – to inmates.
Hunter’s death comes just two weeks after CPBD’s offer of 4,600 facemasks for inmates the facility was first accepted, then rejected by the State amid reports the DOC would not release prisoners or supply the needed PPE to protect them from COVID-19, just hours after they had initially accepted it per official emails. The rejection came after agency officials informed the office of DOC Commissioner Claire DeMatteis, a political appointee of Governor John Carney, who has been criticized by CPBD for his handling of the COVID-19 crisis.
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “The death of Mr. Hunter is on the hands of the DOC. From the beginning of this crisis they refused to take action in protecting these inmates, violating their rights and putting them at high risk of exposure.
“After we secured and distributed 10,000 masks last month to communities in need in Delaware, multiple local pastors and State Senator Colin Bonini had reached out to us to see if we could help secure masks for the DOC. Answering their call, we did, and we offered the masks to DOC who said yes immediately. Just hours later, they reversed course, and now, an inmate has lost his life because of their willful and inconcsionable negligence.
“The DOC should be making every effort possible to make up for its deadly early delays in protecting inmates, but instead they are doubling down on their callous disregard for inmates’ health and wellbeing rejecting lifesaving PPE. If the DOC continues withholding lifesaving PPE from the prisoners under its care, then the state of Delaware will be directly complicit in the deaths of the inmates they are now going out of their way not to protect.
After distributing 10,000 masks to frontline healthcare workers and vulnerable populations throughout Delaware, CPBD secured an additional 4,600 face masks, which the group immediately offered to the DOC in the wake of the first inmate death from the virus at the James T. Vaughn Correctional Center earlier this week.
The DOC rejected the PPE despite reports that the agency has still failed to provide face masks to all 4,200 inmates in its facilities even with updated Centers for Disease Control guidelines that recommend wearing face coverings to slow the spread of the virus. With prisons across the country emerging as vectors for transmission of the deadly coronavirus, civil rights organizations including the ACLU and the NAACP have urged state officials to take steps like providing masks to mitigate the risk of coronavirus in correctional facilities. Delaware’s prisons are disproportionately filled with people of color, and racial breakdowns of the state’s coronavirus cases show that Black and Hispanic Delawareans are being infected with the coronavirus at a drastically higher rate than white residents.OPINION
Dear friends,
If you’re a regular reader of my columns, you’ll notice I’m not a fan of law firm Skadden Arps, largely because of what I’ve chronicled in my coverage of the Chancery Court over the past few years. My research and writing on this topic have shown, in my opinion, that Skadden has an inordinate influence on the goings-on at the Chancery Court and I find that to be a cause for what I perceive as many imbalances at the court.
I’ve seen articles dating back to 1996 in the New York Times addressing how the firm has an influence on Delaware’s equity court, which appears to me to be often quite biased with appearances of impropriety, from what I’ve read. And now this weekend, the New York Times has a shocking story that once again proves my deep skepticism and instincts on this firm have been absolutely spot on!
Skadden — which has a huge office in Wilmington — has paid $11 million or more to avoid a lawsuit by a former Ukrainian prime minister, who blamed the firm for aiding in her political persecution, according to the New York Times. This is connected to the firm’s representation of the Russia-aligned government of the president of Ukraine starting in 2012, the Times story said, adding that this news had not been previously reported.
There have been so many stories on this firm over the past few years, including a partner being convicted for child pornography, and disbarred. That one takes the cake, folks, but this $11 million being paid to avoid a lawsuit and in the Ukraine, which has been in quite a controversial mix of quicksand in U.S. politics in the past year between President Trump and Delaware’s Joe Biden and his son, is indeed significant.
How does this firm continue to operate in Wilmington, without any of our legislators or our Bar Association taking a closer look at what’s going on there? And how on God’s green earth does this firm continue to have undue influence on America’s #1 Chancery Court?! If it looks like a duck and walks like a duck, as the saying goes… folks, in my opinion, this firm cannot and should not be trusted and certainly should no longer be allowed to have an open-door of influence in Delaware, with no one in power at least checking under the hood to find out what’s really going on.
As I have mentioned frequently in the past, Chancellor Andre Bouchard was once a member of that law firm. Are we going to let ourselves be pushed around here in Delaware? Are we going to be played like a fiddle in our Court System, while this firm continues to have its way.
I think not and I’d love to hear if you think not too! Let me know what you think and let’s reach out to our state representatives and let them know that this will no longer be tolerated in our state!
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.nytimes.com/2020/05/10/us/politics/skadden-ukraine-settlement-tymoshenko.html
Skadden Said to Have Paid $11 Million to Settle Ukraine Dispute
The law firm paid a former Ukrainian prime minister, Yulia V. Tymoshenko, and an associate to avert a suit over its role in a report justifying her imprisonment by a political rival.
By Kenneth P. Vogelo May 10, 2020
WASHINGTON — The New York-based law firm Skadden, Arps, Slate, Meagher & Flom has paid $11 million or more to avoid a lawsuit by a former Ukrainian prime minister, Yulia V. Tymoshenko, who blamed the firm for aiding in her political persecution.
The settlement, which has not been previously reported, is related to the firm’s representation starting in 2012 of the Russia-aligned government of Viktor F. Yanukovych, then the president of Ukraine.
Skadden’s Ukraine work, which has already led to federal investigations and steep fines, centered around a report produced by the firm that Mr. Yanukovych’s allies used to try to justify his government’s treatment of Ms. Tymoshenko, a leading rival of Mr. Yanukovych. She was imprisoned starting in 2011 on abuse of office charges that the international community widely condemned as politically motivated.
After Mr. Yanukovych’s government fell in 2014 amid street protests against its corruption and pivot toward Moscow, Ms. Tymoshenko was freed from prison and began plotting a comeback, as well as retribution against Mr. Yanukovych and those she believed enabled him, including Skadden.
In a December 2018 interview with The New York Times in Washington, she recalled “it was very painful” learning of Skadden’s work “when I was in prison and was observing this in solitary confinement.”
Speaking through an interpreter, she accused Skadden’s lawyers and other prominent Westerners of “whitewashing Yanukovych and his government” in exchange for money, adding: “It’s a pity that such a well-known company like Skadden even considered to take this case to deliver. This is a dirty, dirty, dirty contract.”
After the interview, she and her lawyer, Sergei Vlasenko, who has also claimed he was treated unfairly by the Yanukovych government, retained the law firm Reid Collins & Tsai to explore the possibility of suing Skadden over its work, according to two people familiar with the arrangement.
Skadden paid $11 million or more to settle the case before a lawsuit was filed, according to people familiar with the settlement. Funds from the settlement appear to have been passed through Reid Collins to Ms. Tymoshenko and Mr. Vlasenko.
That arrangement appears to be reflected in records filed by Ms. Tymoshenko and Mr. Vlasenko with the Ukrainian government, which show that they each received about $5.5 million from Reid Collins between July and last month.
The records do not mention Skadden. In his filings, Mr. Vlasenko characterized the money as “foreign income.” Ms. Tymoshenko described it in a filing this month as “compensation for the damage caused by the political repression of 2011-2014, which was received in the United States at the stage of precourt settlement.”
The payments come after Skadden paid $4.6 million last year to settle an investigation by the Justice Department into whether its work for the Yanukovych government violated foreign lobbying laws.
The firm subsequently revealed in filings with the Justice Department that it had been paid a total of more than $5.2 million for its work, with $4.15 million coming from a Ukrainian oligarch and his American lobbyist, and $1.1 million coming from the Ukrainian Justice Ministry. As scrutiny of the work mounted in 2017, Skadden returned $567,000 to the Ukrainian government, The Times revealed.
One of the lawyers who assisted with the report, Alex van der Zwaan, admitted to lying to federal investigators that year about his communications related to the firm’s work for Mr. Yanukovych’s government.
The lead Skadden lawyer on the Ukraine account, Gregory B. Craig, a former White House counsel for President Barack Obama, was acquitted last year of a felony charge that he lied to federal authorities about the work. And Paul Manafort — who served as Mr. Yanukovych’s political consultant and recruited Mr. Craig and Skadden to work on the account — is serving seven and a half years in prison for financial and lobbying violations related to his work for Mr. Yanukovych.
The investigations of Skadden, Mr. Manafort and Mr. Craig were prompted by the special counsel’s investigation into interference in the 2016 election by Russia, and whether the country colluded with Donald J. Trump’s presidential campaign. Mr. Manafort had served as the chairman of the Trump campaign. While Skadden’s involvement with Mr. Manafort and the Russia-aligned government of Mr. Yanukovych predated the Trump campaign, the scrutiny made Skadden a poster child for the Justice Department’s crackdown on the type of lucrative, but shadowy, foreign work that had become a profit center for politically connected lawyers and consultants across Washington.
Skadden has continued to publicly defend its Ukraine work, casting the Tymoshenko report as a cleareyed, independent assessment that did not absolve Mr. Yanukovych of wrongdoing. The report concluded that while Ms. Tymoshenko’s trial violated some of her rights, her conviction was supported by the evidence presented at trial. And the report found no evidence that the prosecution was politically motivated.
But the settlement suggests that the firm is not eager to continue to publicly defend the report or its work in Ukraine.
Skadden did not respond to multiple requests for comment to its lawyers and public relations executives, including an email containing a detailed list of questions about the settlement. Mr. Craig declined to comment.
Mr. Vlasenko and Reid Collins did not respond to requests for comment.
Ms. Tymoshenko’s spokeswoman declined to answer questions about the settlement, but she pointed to a statement that the former prime minister posted on Facebook in which she wrote that the money came “from an entity in the U.S. at the stage of precourt settlement.”
In the post, Ms. Tymoshenko heralded the settlement as “further proof that my imprisonment in 2011-2014 was a political reprisal against me.” She added, “there will be no further details,” because of “legal restrictions in the case,” suggesting that the agreement might be subject to a confidentiality clause.
Reid Collins is known for pursuing malpractice cases against large legal and accounting firms on contingency, meaning it gets paid a percentage of settlements extracted from those firms, often before lawsuits are filed.
There is no record of a lawsuit by Ms. Tymoshenko or Mr. Vlasenko against Skadden.
But the European Court of Human Rights ruled in 2013 that Ms. Tymoshenko’s arrest and detention midway through her abuse of power trial in 2011 had been unlawful, unjustified and politically motivated. The ruling could have opened the door to a claim against Skadden under the Alien Tort Claims Act of 1789, which allows foreign nationals to sue in U.S. federal courts for violations of international laws or U.S. treaties.
Masha Froliak contributed reporting from New York, and Maria Varenikova from Kyiv.
OPINION
Dear Friends
Last week I wrote about the Delaware Department of Corrections (DOC) for rejecting the gift of 4,600 protective “Covid-19 virus” masks from the “Citizens for Pro-Business Delaware” group. I decided to write about it again as I’m seeing more coverage in the Dover Post.
According to “Citizens for a Pro-Business Delaware” (CPBD) leader Chris Coffey, the group wants all prisoners to have masks. As I stated in my last article, CPBD criticized the Delaware Department of Correction after the agency declined the much-needed gift of 4,600 face masks on April 29th. Coffey expounded, in words to the effect, “that it is outrageous that not all the inmates were getting masks!”
Apparently, after Coffey offered the masks, the DOC accepted. They then changed their decision just hours later and wrote to him saying they had enough masks and to give the masks to other community groups. “Right now, more than 2,100 inmates have masks”, said Jason Miller, DOC chief of communications and community relations. According to him, compromised inmates, those in the prison hospital, and food handlers all had masks. After an inmate at James T. Vaughn Correctional Center died of COVID-19 on April 30th, Coffey indicated he felt there were not enough masks and obviously there was a major problem.
Folks, considering there has been a recent death due to an outbreak of the virus in Delaware prisons and according to my reliable sources, only half of the inmates have been supplied with masks, what’s going on here?! If the DOC actually has enough masks then why don’t all inmates have one?? Something just doesn’t add up here folks.
Frankly, I agree with Coffey. The DOC should be doing everything it can to fix the early delays in securing the health of Delaware’s inmates, but instead, they waffle continuously! The latest thing is the CPBD is working with Pastor Blaine Hackett to help hand out the masks.
Please see the “Dispute over mask donation for inmates” story below from the Dover Post. The bottom line here folks… you can’t have enough masks! To reject this generous donation is absurd! Put politics aside Delaware!
Indeed, I have great praise FOR THE GOOD WORK the Citizens group is doing in Delaware, while trying to improve our courts and participating in the recovery and protection of Delawareans — including those who are incarcerated.
As always your comments are welcome.
Respectfully yours,
JUDSON Bennett-Coastal Network
https://www.doverpost.com/news/20200504/dispute-over-mask-donation-for-inmates?nocache=1
Dispute over mask donation for inmates
By Emily Lytle * Delaware
Posted at 11:18 AMUpdated at 12:36 PM
Citizens for a Pro-Business Delaware wants all prisoners to have masks.
Leaders of the nonprofit group Citizens for a Pro-Business Delaware criticized the Delaware Department of Correction after the agency refused their donation of 4,600 face masks April 29.
“It is morally outrageous that the DOC would reject these masks for inmates in the state prison system,” Chris Coffey, CPBD campaign manager, said.
After Coffey offered the masks, the DOC wrote to him, saying the system had enough masks. The spokesperson encouraged CPBD to donate to other areas of the community in need.
“The DOC has reviewed our inventory of face masks and has determined that with our current inventory and existing procurement of face masks, including through Delaware Correctional Industries, we have sufficient supply chain to meet our needs,” a DOC spokesperson wrote.
Right now, more than 2,100 inmates have masks, said Jason Miller, DOC chief of communications and community relations. They include those who are in infirmaries, have compromised immune systems or work institutional jobs like food service. All inmates at James T. Vaughn Correctional Center and Sussex Community Corrections Center, the two prisons with sick inmates, were given masks.
CPBD believes all inmates should be given masks. This comes after an inmate at James T. Vaughn Correctional Center died of COVID-19 April 30.
“The DOC should be making every effort possible to make up for its deadly early delays in protecting inmates, but instead they are doubling down on their callous disregard for inmates’ health and wellbeing rejecting lifesaving PPE,” Coffey said.
Officials at the DOC are constantly considering whether to distribute more masks, Miller said. If they do decide to continue giving more out, they have enough to do that.
“If Mr. Coffey insists on delivering face masks to the DOC that it does not need instead of donating them to community-serving organizations and others who don’t have sufficient face mask supplies, the DOC is willing to accept that delivery and provide the face masks to inmates being released back into the community at the conclusion of their court-ordered sentence,” Miller said.
CPBD is now working with Pastor Blaine Hackett of St. John’s African Methodist Church to distribute the masks through the NAACP.
“We are thrilled to partner with Citizens for a Pro-Business Delaware to get nearly 5,000 masks in the hands of those who desperately need them,” Hackett said. “Our communities are suffering and vulnerable right now, but efforts like this give me hope that we can all come together with strengthened bonds between us and help those most in need.”
###
Folks, please see my website for more of my stories:
coastalnetwork.comOPINION
Dear friends,
See the Delaware Business Now story slamming the Delaware Department of Corrections (DOC) for Rejecting the gift of 4,600 protective “Covid-19 virus” masks from the Citizens for Pro-Business Delaware group. Considering there has been an outbreak of the virus in Delaware prisons and there is a shortage of masks, how can this happen?!
The Citizens group has already provided over 10,000 masks to front line medical workers throughout Delaware, which I read in the Dover Post earlier this month. All part of helping Delaware get to phase 1 of the Presidential Guidelines so our state can begin to reopen. The prisons need protection desperately.
Initially, the masks were readily accepted. However, when Claire DeMatteis, the (DOC Commissioner) who is a Democrat Governor Carney appointee, found out about it — suddenly the wonderful gift of 4,600 masks was rejected. In my view, there can only be one reason, absolute, petty, political, stupid revenge by a Carny-lackey for criticizing the Governor’s office for its lackluster efforts in investigating the Chancery Court and Bouchard’s suspicious operations?
To endanger the safety and further health of Delaware by refusing the masks is beyond petty, it is beyond reason, however, the apparent “get-you-back”, mean spirited, liberal philosophy is alive and well in little Delaware. God forbid that a group that had rocked the boat in Delaware’s good-ole-boy legal network, be appreciated for a donation of needed protective masks for Delaware’s inmates.
When people in government use their power for reasons contrary to what is beneficial for the greater, public welfare, then the government ceases to function properly. In an emergency, times to reject a needed and generous gift to protect the spread of the Chinese virus in our prisons are indeed criminal in my view.
Please see the “Correction Department defends decision” story from Delaware Business Now. You know I love my politics folks, but now is not the time for this nonsense. This is a critical time for our country and it very well could be a matter of life and death.
As always your comments are welcome.
Respectfully yours,
JUDSON Bennett-Coastal Network
https://delawarebusinessnow.com/2020/04/correction-department-defends-decision-to-not-accept-facemarks-from-transperfect-group/
Correction Department defends decision to not accept Face Masks from TransPerfect group
Delaware Business Now
–
April 30, 2020
The Delaware Department of Correction has defended a decision to not accept a shipment of face masks from Citizens for a Pro-Business Delaware.
“The DOC has reviewed our inventory of face masks and has determined that with our current inventory and existing procurement of face masks, including through Delaware Correctional Industries, we have sufficient supply chain to meet our needs. We recognize that there remains a need in the community for these items and we want to encourage you (Citizens) to donate the masks at your disposal to organizations that are experiencing short supply,” stated correction spokesman Jason Miller.
“After Citizens secured and distributed 10,000 masks last week to communities in need in Delaware, multiple local pastors and State Sen. Colin Bonini (R-Dover) had reached out to us to see if we could help secure masks for the DOC. Answering their call, we did, and we offered the masks to DOC who said yes immediately. Just hours later, they reversed course,” stated Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey. “If the DOC continues withholding lifesaving PPE from the prisoners under its care, then the state of Delaware will be directly complicit in the deaths of the inmates they are now going out of their way not to protect.”
Coffey contends that is morally outrageous that the DOC would reject these masks for inmates in the state prison system. Their refusal to accept outside assistance is even more reprehensible than the crucial weeks the agency wasted before even beginning to address the spread of COVID-19 in its facilities.”
According to corrections spokesman Miller, facemasks are being worn in prison, work release, and violation of probation facilities by all correctional officers and contract healthcare workers as an added layer of protection for inmates and staff, on top of DOC’s screening and cleaning measures. Face masks have been provided by the DOC to more than 2,100 inmates who are in infirmaries, those with compromised immune systems, and certain inmates with institutional jobs, including food service workers and all inmates at the only two facilities where there are inmate COVID cases – James T. Vaughn Correctional Center and Sussex Community Corrections Center.
The corrections systems has more than 4,000 inmates. Recent reductions in the inmate population have given the system the ability to operate isolation sites for those testing positive but not requiring hospitalization.
“If and when DOC leaders and medical professionals deem it necessary to further distribute face masks to inmates, DOC will have the capacity to do so. DOC is not and will not be accepting donations from the public for face masks,” Miller stated.
Previous releases have indicated that the masks can present security problems, since contraband and even weapons can be hidden in masks. Advocates of the masks note that weapons and contraband can be hidden in prison clothing.
“If Mr. Coffey insists on delivering face masks to the DOC that it does not need instead of donating them to community-serving organizations and others who don’t have sufficient face mask supplies, the DOC is willing to to accept that delivery and provide the face masks to inmates being released back into the community at the conclusion of their court-ordered sentence. We also will work to identify community-serving organizations that can use additional face masks,” Miller stated.
Pastor Dale Dennis II of Hoyt Memorial CME Church in Wilmington, does not agree. “People of color make up over 60 pecent of Delaware’s prison population but less than 40 percent of our residents. We know that black and brown folks have been the victims of historic, systemic injustices at the hands of our criminal justice system, but the coronavirus crisis has put those that are incarcerated at a different level of vulnerability. I am joining the calls from many pastors across the state for the DOC to provide the care that they would want to receive and protect our brothers and sisters, mothers and fathers housed in their correctional care.”
Citizens, which was organized by TransPerfect employees during a dispute over control of the New York-based company, has criticized state officials and the judiciary for the lack of diversity in the corporate legal system. During the coronavirus crisis, it has distributed facemasks to communities of color in Delaware.
Critics claim the group is funded current TransPerfect owner Philip Shawe, who was upset with the costs of the dispute, which by some accounts totaled a quarter of a billion dollars.
Litigation continues over fees charged related to the sale of the business services company that specializes in translation services.
Please see my website:
coastalnetwork.comOPINION
Dear friends,
I’ve been following Andre Bouchard’s rocky career since the day he took office as the new Chancellor in Delaware’s Court of Chancery, and I wrote about the way he handled the Sussex County Register of Wills Office in his first year, which I thought was abhorrent. I’ve been extra critical of him through the TransPerfect trial, which ended years ago, and somehow, court-payments linger and his old buddies at Skadden Arps are still collecting nearly six-figure monthly paychecks, thanks to Bouchard’s atrocious handling of the case.
I wonder which one of his friends could possibly get paid off this time because, in my opinion, the TransPerfect case has been milked for huge amounts of money for the benefit of Delaware’s Good-Ole-Boys Legal Club, aka friends of the Chancellor???
I’m seeing similar suspicious patterns in a new case covered by The Law360 story below, where he’s again being shortsighted, in my view, during a court-supervised sale, which sounds similar to me to the TransPerfect case. where he was, in my opinion, continually attempting to bully the sides into a settlement, rather than just doing his job as a judge.
The Law360 story, says it best, “Chancellor Bouchard, a veteran of epic — and unfinished — battles arising from the liquidation of TransPerfect Global Inc. after a falling-out between its founders.”
I would love to hear your thoughts on this one. In my opinion, this guy, who was never a judge before, somehow through his Democrat politics, getting the chief role at the Chancery Court, is not even learning on the job. Time for him to go!
Respectfully Yours,
Judson Bennett-Coastal Network
PLEASE CHECK OUT MY WEBSITE at :
coastalnetwork.com
See the Law360 story:
Chancellor Rips Critics Of Pharma Sale As ‘Incredibly Naive’
By Jeff Montgomery
Share us on:
Law360 (April 20, 2020, 11:40 PM EDT) — Delaware’s chancellor branded some challenges to the court-supervised sale of drug developer Inspirion Delivery Sciences LLC as “astounding” and “incredibly naive” on Monday, noting that a court order had given a liquidating trustee broad latitude to complete the job.
The comments by Chancellor Andre G. Bouchard during a sale hearing teleconference followed arguments by Michael Yoder of Reid Collins & Tsai LLP that a new auction effort could have produced a better result than the offer of $4 million in cash and up to $10 million in future payments from OHEMO Life Sciences Inc. from royalties on anti-abuse opioid drug compounds.
Yoder, who represents former Inspirion members Raymond DiFalco and Manish Shah, argued that it made little sense for a trustee to “simply accept the first offer from a company insider,” referring to OHEMO, which has ties to IDS member Stefan Aigner.
Chancellor Bouchard, a veteran of epic — and unfinished — battles arising from the liquidation of TransPerfect Global Inc. after a falling-out between its founders, asked if Yoder had fully examined Delaware law and trustee discretion on the issue.
“I really find that astounding. You didn’t even address the standard of review in your papers,” the chancellor said. “I find equally astounding the notion that you didn’t think insiders would be able to bid. Do you know how most of these contests end? Typically somebody involved with the company buys the other side out.”
Yoder said he was not arguing that insiders could not participate, but said that his clients did not participate because they hoped for a successful sale to a third party and were unaware there were no third parties in the running until recently.
“That just demonstrates extraordinary naivety,” Chancellor Bouchard said. “It all seems so last-minute for your client to walk in here not prepared to do something, and I find it very hard to believe that if they wanted to make a bid, they couldn’t do it all along.”
Differences between Shah and DiFalco and member Aigner over approval and marketing of key anti-abuse drugs MorphaBond and RoxyBond hobbled the business, with Aigner attempting to remove DiFalco as president of IDS.
The court ordered a liquidation after a three-day trial in November 2018, although further disputes and market issues extended the process. The proposed winning bidder was OHEMO, based in Puerto Rico, a company championed by Aigner before the liquidation order as a replacement for the Shah and DiFalco-aligned production operation.
Cerovene Inc., controlled by Shah and DiFalco, made an offer valued at up to $15 million but missed a key deadline for the submission earlier this month, according to Donna L. Culver of Morris Nichols Arsht & Tunnell LLP, counsel to liquidating trustee Derek C. Abbott.
Culver said Cerovene argued that the COVID-19 crisis and a lack of wire transfer specifics kept the business from making a required bid deposit, but not until “literally minutes before deadline” did the prospective competing bidder “give any indication he could not comply with the deadline.”
Nothing prevented DiFalco and Shah from getting involved through Cerovene earlier, Culver said, adding that the sale opponents also had not shown how the trustee or process represented an abuse of discretion.
Peter B. Ladig of Bayard PA, counsel to Aigner, Acela Investments LLC and two other companies that hold Aigner’s interests in IDS, said the business already had worked through a several-month marketing process, with 81 potential buyers approached, before choosing to move ahead with OHEMO for lack of a better offer.
“This is not, as I think the objectors would have the court believe, a question of having an auction just between the two insiders,” Ladig said. “This was an auction process that ran for months, and it’s really the end of the second process.”
Ladig said nothing in the case record supported claims that Aigner maneuvered the trustee into setting the final, 48-hour window for receipt of a competing offer for the business.
Chancellor Bouchard said he would take the arguments under advisement.
Aigner is represented by Peter B. Ladig and Brett M. McCartney of Bayard PA.
Shah and DiFalco are represented by Carmella P. Keener of Cooch and Taylor PA and William T. Reid IV, Michael Yoder, Jordan L. Vimont and Ryan M. Goldstein of Reid Collins & Tsai LLP.
Liquidating trustee Derek C. Abbott is represented by Donna L. Culver of Morris Nichols Arsht & Tunnell LLP.
The case is Acela Investments LLC et al. v. Raymond DiFalco et al., case number 2018-0558, in the Court of Chancery of the State of Delaware.
–Editing by Aaron Pelc.OPINION
Dear friends,
I am constantly reviewing and researching all things political, as we are truly in the silly season, regardless of this devastating Chinese Virus that has changed our lives completely. China is responsible and we owe them a lot of money. Considering the 60 thousand deaths and trillions of dollars lost, by God our debt should be paid. It doesn’t come close to paying for the extreme devastation caused by China’s grotesque, ill-conceived, and poorly planned scientific debacle, however, it is a way to help us recoup some of these disastrous losses.
With this in mind, things are gearing up to be one of the most important elections in United States history. The way I see it, Trump has proven he can make this country extremely prosperous with tremendous opportunity. He did it once and if re-elected he will do it again. His opponent, former VP Joe Biden, was once in my view many years ago an extremely charismatic individual, handsome, charming, and persuasive.
Well, folks, I was really snookered by this guy’s BS, because it has become clearly apparent to me that Joe Biden never was and never will be the real deal. From the time he was first elected until now, there has been a pattern of dishonesty that is significant.
To name a few things: 1) As far back as 1972 when his wife and child were tragically killed in a car wreck — with it being 100% her fault, Biden maliciously and falsely attacked the driver, stating he was drunk, when in fact the truck driver, a Mr. Dunn, was completely sober and the event was not his fault in any way, shape, or form! Years after Biden continued to slander this completely innocent man. Frankly, it is outrageous and there will be much more about this as we move toward election day.
2) Have to mention his frequent plagerism, his lies about being an Ivy League professor, and going to jail with Nelson Mandella, all not true. The man is either a nefarious prevaricator or is delusional.
3) Then, of course, we have “Quid Pro Quo” Joe who clearly is guilty of influence peddling, bribery, and extortion with his demands of the Ukraine government to fire the AG who was investigating his son Hunter who was milking a corrupt set up to the tune of 80K per month. ” On national TV — Biden stated, ” I told them I was leaving in 6 hours and if they didn’t fire that guy, they weren’t getting the billion dollars! Well, SON OF BITCH, they fired him.” Then there is China, the famous Air Force 2 trip with son Hunter where Biden through his influence got his boy a billion-dollar contract with a Chinese bank? The yikes — the appearance of an unethical situation, indeed an impropriety.
4) Then most recently we have the claims of sexual assault by Biden on a former staffer. Frankly, her story is believable, and only verifies the rumors about the sniffing and groping I have heard about for years, being from Delaware.
Folks, I believe Trump has done a great job. He is a businessman, tough, and decisive. He is the right man for our country right now! Biden, on the other hand, is unqualified to be President of the United States. Lack of character, approaching senility, apparent corruption, and provable sexual allegations are not conducive to having a good leader.
Remember this, “The devils you know have may not be as bad as the devils you might just get !” SO BE IT!
God bless America and please be safe.
Sincerely yours,
JUDSON Bennett-Coastal Network
Here’s a quick update, folks, on the Delaware front, regarding Delaware Governor John Carney. There are 1,000 TransPerfect employees requesting the relationship between Chancellor Andre Bouchard and law firm Skadden Arps be investigated. I have one question, what has taken so long?
It’s time for Governor John Carney to take a leadership role and clean up our shameful old boy’s club in Delaware. As I see it, folks, this case, and this court-ordered looting is a sham that hurts workers and hurts Delaware, and it has gone on long enough!!
Please read the article below, and let me know your thoughts.
Wilmington, DE – Today, a letter co-signed by more than 1,000 TransPerfect Global, Inc. employees was sent to Delaware Governor John Carney, demanding an inquiry into the close, mutually-beneficial relationship between Delaware’s beleaguered Court of Chancery and the law firm of Skadden, Arps, Slate, Meagher & Flom LLP.
The letter comes following several recent motions filed by TransPerfect in the Delaware Court of Chancery alleging that the law firm of Skadden Arps has billed the translation services company for upwards of $14 million in undisclosed legal fees since being appointed the company’s custodian, causing significant financial harm to the company’s employees.
According to recent court documents, in the over two years since the TransPerfect sale process was complete, the company’s Chancery Court-Appointed custodian, Skadden Partner Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. According to one recent motion by TransPerfect, Pincus’ responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended over two years ago.
In their call to action for Delaware Governor John Carney, the employees wrote, the “actions of Robert Pincus and his Skadden partner, Jennifer Voss, have hurt TransPerfect. For the first time ever, this spring we will not receive raises. Even worse, many of us who work hourly have had our hours reduced or been furloughed entirely. We are asking for your office to open an inquiry to scrutinize both the cozy relationship between Chancellor Bouchard and his former firm, as well as the Chancery Courts complete lack of transparency and Skadden’s questionable billing practices. These actions and to end this Court-sanctioned looting of TransPerfect. It’s hurting us in irreparable ways. Enough is enough, we need you to step up and investigate this matter immediately.”
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “From day one of being appointed TransPerfect’s custodian, Robert Pincus and Skadden Arps have been taking advantage of the company and its thousands of employees by billing them millions of dollars without saying why or what for. These Skaddenomics are so shady, it’s become increasingly clear that Governor Carney needs to step in and scrutinize Chancellor Bouchard, who has been violating his own court’s rules and effectively funneling over $14 million dollars to friends at his old law firm. We’ve called on the Court to put an end to the secrecy, and we’ve called on the state legislature to advance the bill before them that would create a fairer and more transparent Chancery Court by requiring all custodian’s fees to be disclosed. Now we’re calling on the governor to open an inquiry. These thousand employees and our members deserve to have their voices heard. Enough is enough.”
Look folks, I’ll be straight with you, this COVID-19 has scared the hell out of me. I certainly don’t say that lightly. I’m a retired Ship’s Captain and Pilot, a father, and a widower. My dear wife of 33 years passed away several years ago of cancer, so I’ve had my share of treacherous moments. Now, I’m home alone with my cat and not going out unless absolutely necessary.
While my life has changed because of this virus, it’s startling what the TransPerfect employees have been through over the past few years. I’ve written about them, I’ve met some of them, and I’ve come to care about their plight and the battle they have had to fight against the giant Delaware law firm of Skadden Arps and in my view the nefarious Chancery Court Chancellor — Andre Bouchard.
One-thousand TransPerfect employees have penned and signed a letter to Delaware Governor John Carney, which is herein attached, calling upon him to stop the perceived “burglary” from Skadden and Chancellor Bouchard. This letter and the signatures ran in Sunday’s Delaware News Journal and I have attached it for your review with this article. Please open the attachment and read this well-written letter. It is impressive!
In the letter, these employees stand for all 5,000-plus workers of the company, as they explain how they are being hurt by the $14 million in fees that have seemingly been drained out of the company by Skadden and court-appointed custodian and Bouchard pal, Robert Pincus — a former Skadden partner. Pincus and Skadden continue to collect huge sums two years after the company sale closed and without invoices, itemization, or explanation.
I’m outraged, folks, and I have attempted calling the Governor’s office for comment, but have been met with radio silence.
TransPerfect has already given millions, due to this cozy relationship between Pincus, Skadden, and Bouchard. The employees are asking the Governor to help stop this now. They want an inquiry and, hell folks, I want an inquiry too. They are right to ask for one!
Their health benefits were hurt due to Mr. Pincus already and now with the impact of this virus on their lives and ours, they are feeling more pain through furloughs and no raises this year. Like so many others in our country right now, they are hurting due to the changes COVID-19 is bringing, and it’s downright immoral for Pincus and Skadden to continue kicking them indirectly through their avaricious actions when they’re down.
Folks, join me in asking Governor Carney to do what’s right here. This is unacceptable and he needs to take action and do the right thing. Bouchard’s relationship with Skadden Arps and various, in my opinion, appearances of impropriety need to be investigated?
I would love your feedback on this one. Please stay safe and healthy as we all get through this.
OPINION
Dear Friends,
Isn’t it interesting, that after Robert Pincus, who was Chancellor Andre Bouchard’s former business partner at the infamous law firm of Skadden Arps and who was appointed by the Chancellor to be the Custodian of the Court-ordered-sale of TransPerfect, some of these possibly misappropriated funds (according to my sources), have possibly come home to roost? Yes indeed folks, Mr. Robert Pincus has purchased a $2.85 million vacation condo or second home?!
Folks, this is outrageous. Here is apparently where a good portion of TransPerfect’s estimated $15 million, ordered paid by Chancellor Bouchard, to Skadden went! Outrageous bills with no invoices or explanations to the tune of millions and millions of dollars, all slipped into the, in my view, slippery law firm of Skadden Arps and then a large chunk into Robert Pincus’ purchasing of some exotic real estate. It’s actually a smooth and prudent way to make funds become nebulous and seemingly unrelated to anything from previous financial arrangements.
TransPerfect employee raises this year are frozen. Over $250 million of company money was engineered away to a chosen few by Chancellor Bouchard the way I see it. This is truly disturbing and a direct insult to all of those hard-working employees.
And to add insult to injury, folks, and this truly boggles the mind: Pincus and others at Skadden like partner Jennifer Voss are still taking money from the company each month with Bouchard’s nefarious approval with no itemization or explanation! The employees are working hard, while this guy is spending it, abusively in my view! He must think nobody is watching apparently! This is obvious to me and anyone who is paying attention.
So Bob Pincus, who I believe flimflammed everyone by conspiring with Delaware Chancellor Bouchard, and now owns a sports team owner’s former luxury party and crash-pad at the well-known and exclusive Wharf in Washington, DC is flaunting his ill-gotten gain made on the backs of 6,000 hard-working employees!
Yes indeed folks, this is how I believe, Robert Pincus is spending TransPerfect’s money! Money that, in this time of need, should be going to thousands of TransPerfect employees.
Please read the article below. Any feedback you have, please send it to me. Stay safe and God bless you.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.bizjournals.com/washington/news/2019/11/21/wayne-rooney-dc-condo-sold.html
Residential Real Estate
Wayne Rooney’s former crash pad at The Wharf just sold. We have the details.
By Andy Medici – Senior Staff Reporter, Washington Business Journal
Nov 21, 2019, 3:02pm EST
Jason Levien, the lead owner, co-chairman and CEO of D.C. United, has sold his luxury condo at The Wharf to attorney Robert B. Pincus for $2.85 million.
Levien never lived in the seventh-floor condo at the Vio building at 45 Sutton Square SW, instead using the furnished unit as temporary lodging for clients, colleagues — and former D.C. United forward Wayne Rooney, according to Jordan Stuart, an agent at Keller Williams Capital Properties and team lead at Next Move, a network of licensed real estate professionals.
“He did buy this for the purpose of essentially having a nice, furnished, beautiful condo for his corporate partners, ownership and also to have a place for Wayne when he needed it. And Wayne used it during the season,” said Stuart, who represented Levien in the sale. “Once Wayne left, he felt it was a little bit much.”
Rooney, the British superstar who signed with D.C. United in June 2018, played for the 2019 season and subsequently struck a deal to return to the U.K. and become a player-coach for Derby County FC in the English Championship.
Levien, who has other properties around the city, decided to sell the property once he could break even and get the price he wanted, Stuart said. The condo boasts floor-to-ceiling views of Washington Channel, has three bedrooms, two-and-half bathrooms and totals nearly 2,000 square feet. It was sold to Pincus, a retired partner from Skadden, Arps, Slate, Meagher & Flom LLP, who is currently an adjunct assistant professor at American University’s Washington College of Law and a corporate dispute mediator, according to his LinkedIn profile.
The sale comes less than a year after Levien purchased the condo from chef Mike Isabella for $2.575 million. Isabella himself purchased it in March 2018 for $2.19 million, shortly before Isabella was sued for sexual harassment by former Mike Isabella Concepts General Manager Chloe Caras. He settled the suit for undisclosed terms in May 2018.
Stuart said the successive price increases over a short time showed the demand for condos at The Wharf, especially those with expansive views, of which there are only so many, he said.
“People want to be on The Wharf and there is a lot of leasing options, but there is not too much supply. It’s really just kind of the Vio in phase one [of The Wharf development]. And if you want one of the nicest pre-owned units, this is basically it,” Stuart said. “It was in demand when I sold it the first time. It was in demand this time.”
Levien, who is also co-owner of Welsh soccer club Swansea City AFC, leads the investment group that owns a majority D.C. United after it bought out previous partner Erick Thohir in August 2018. The Wharf made sense as a spot for guests (and Rooney) as it sits just blocks from Audi Field, D.C. United’s stadium at Buzzard Point.
OPINIONCORONA BLUES – A COUNTRY IN CRISIS!Dear Friends,I have the “heebie-jeebies” sitting in this apartment overlooking the inter-coastal in Palm Beach! I recently had cataract surgery on my right eye and went from being blind to 20-15. The beautiful weather and atmosphere is spectacular here, but the problem is that it is difficult to engage with anybody because of this insidious Coronavirus. I swim or bike and people watch, then go home to my precious feline. Her name is Josephine who I named after my ex-girlfriend. She even has her disposition and characteristics—beautiful, sweet, alluring, and if you are not careful she will bite you. I loved my ex-girlfriend and I love this cat. The girlfriend is gone, but my precious cat is here who I adore.Interestingly, my family, the Bennetts, were from Cape May, New Jersey on my father’s side, and Albini (Italiano) on my mother’s side were from Italy on the Swiss/Italian Border. My mother and father moved to Lewes, Delaware where I was born. We lived on the beach and I had a great childhood – swimming, fishing, crabbing, clamming, sailing, and much more! I went to St Andrew’s School in Middletown where they filmed the “Dead Poets Society” and played some football at the University of Delaware. I was a Lewes City Councilman for 6 years, a Republican Leader, consultant, candidate, and campaign manager. I spent my Merchant Marine Career as a Delaware River Pilot – guiding large vessels to and from the Port of Philadelphia. I remember piloting the “USNS Hospital Ship Hope” three times when she came to the Philadelphia Navy Yard. She is now out of service but was Identical to the hospital ship Comfort, which is now tied up in New York Harbor. For the record, she is there to help the people of New York City and she is there because of President Donald Trump!Folks, I am sick and tired of the horrible, dishonest, idiotic, and malicious vitriol that comes from the likes of creepy Nancy Pelosi! She organized the most horrendous and fallacious witch hunt in U.S. history against a duly elected President of the United States! She is intrinsically evil and the most demonic human being there ever was. The Press is beyond ethical and some of these punk reporters are more than reprehensible! One of the worst is CNN’s Chris Cuomo who ironically has the Coronavirus and is locked in his basement for a while. I hope he lives because he is the true example of despicable fake news and he needs to be watched closely. President Trump is doing a great job. He is not an ass-kissing, patronizing politician like the rest of the liberal left who want to turn this country into the former Soviet Union! Trump created the best economy I have ever seen in my lifetime. This Coronavirus came out of left field, and President Trump reluctantly had to turn off the country’s businesses and shut it down in the hopes that limited contact with our fellow man would slow the progress of the pandemic.That all being said, I know Joe Biden. I even played football against him when I was at St. Andrew’s school. I ran the campaign against him in Sussex County for Ray Clatworthy, the last time he ran for U.S. Senate in Delaware. He used to have remarkable charisma – NO MORE FOLKS!!! My mother had senile dementia when she was 90. Biden has it at 78 and I know it when I see it! Then there is the corruption for his little boy Hunter in the UKRAINE! Biden exclaimed on National TV, like the idiot he is, “I told them I was leaving in 6 hours and if they did not fire the prosecutor, they would not get the billion dollars. Well, Son of Bitch, they fired the prosecutor!” His son was being investigated by this prosecutor! Extortion, Bribery, “QUID PRO QUO”. Compare him to President Trump, the man – who, unlike “Smell you hair, cop a feel Biden”– is not a hypocrite or a career politician. Joe Biden has fed at the public trough his entire life! He has no clue about meeting a payroll, economics, or U.S. social realities! He sucks the juice out of America’s taxpayers.Folks, go ahead, vote against Trump because he is brutally crass, narcissistic, and confrontational. Vote for senile Joe Biden, give the Commie Dems the House and the Senate. You will, without a doubt see the worst Depression that will go beyond what happened in 1929. You will regret it beyond anything you can possibly imagine! Biden is narrowly ahead in the polls and the personal hatred for President Trump is unbelievable. Trump has created the best economy in U.S. history because he knows how to do it. HE IS A BUSINESSMAN! Folks, you want prosperity? Do you want a better life? Please don’t make a mistake – Please VOTE FOR TRUMP – VOTE REPUBLICAN! This economy with Trump’s proven system will bounce back in no time!God bless you all – I hope to see you in November if I am still alive. If not, see you in heaven or who knows – maybe hell – LOL!!!!!!RESPECTFULLY SUBMITTED, JUDSON Bennett-Coastal Network
OPINION
Skadden Arps Wins Again in Delaware’s Chancery Court!
DuPont Now the Beneficiary of Cozy Skadden-Chancery Relationship!
Dear Friends,
Once again, Skadden Arps wins in Chancellor Andre Bouchard’s Delaware Chancery Court, this time in front of Vice-Chancellor Glasscock. It’s amazing how well all the Chancellor’s cozy friends at Skadden Arps continue to do. This latest victory by Bob Pincus’s partner Jennifer Voss, who, in my opinion, is now infamous nationwide because of her hidden and allegedly unethical billing practices in the TransPerfect case seems to maintain her incredible Chancery Court streak! It is for this writer most disheartening to see what I view as the appearances of impropriety in Delaware’s equity Court which, as I see it, continue to shamefully deplete Delaware’s reputation for fairness.
As an aside and a distinct point of interest, folks, I spent many years navigating big ships on the Delaware River. The DuPont plant at Deepwater Point on the Jersey side of the river, directly across from Wilmington Marine terminal was at one time one of the largest polluters in Delaware history. I remember my father who was also a ship’s pilot getting into an argument at Rehoboth Beach Country Club with former Delaware Governor Russel Peterson over DuPont’s grotesque pollution. Peterson worked for the DuPont Company before he was Governor. My father called him a hypocrite considering how Peterson beat the environmental drum incessantly. Folks it’s the DuPont Company, it is Delaware, and Skadden Arps was at the helm! It is Andre Bouchard’s Court and he runs the show with absolute omnipotence!
Read the Law360 story below on DuPont for the latest story that shows exactly what happens in Delaware’s Chancery Court. It’s shameful in my opinion!
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.law360.com/delaware/articles/1258603
Delaware Court Says DuPont Can Arbitrate Chemours Suit
By Jeff Montgomery
Law360 (March 30, 2020, 5:18 PM EDT) — Delaware’s Chancery Court upheld DuPont’s demand for arbitration of a dispute over Chemours’ post-spinoff liability for its former parent’s multibillion-dollar environmental cleanup burdens, issuing a ruling late Monday that was laser-focused on contractual obligations to arbitrate.
In a 39-page decision, Vice Chancellor Sam Glasscock III said the dispute and issues “are governed by rather straightforward application of settled law” regarding a separation agreement between the two companies, with those terms leaving him without jurisdiction.
“I find the language of the separation agreement referring arbitrability to the arbitrator controlling here. Accordingly, I have no jurisdiction to entertain this matter, and the defendants’ motion to dismiss must be granted,” the vice-chancellor wrote.
The decision — which Chemours said it plans to appeal — was a win for E.I. DuPont de Nemours and Co. over The Chemours Co.’s arguments that its former parent and predecessor, The DuPont Co., unfairly stuck Chemours with cleanup costs far in excess of a $1.42 billion “certified maximum” representation at the time the companies separated.
Then-DowDuPont included in the spinoff a mandate to resolve any disagreements over the deal through arbitration. Chemours pushed back in a suit filed in May, arguing it never made a fully informed or fair agreement to the terms imposed. DuPont, meanwhile, said the Chancery Court lacked jurisdiction to intervene.
The suit sought limits on Chemours’ exposure for cleanups in North Carolina, New Jersey and elsewhere, or the return of a $3.91 billion dividend Chemours paid to DuPont, among other relief, along with a declaration blocking what Chemours claimed was a fraudulent conveyance of liabilities.
Vice Chancellor Glasscock concluded that Chemours plainly consented to arbitration, despite arguing that it was dominated by DuPont during preparations for the spinoff and hobbled in efforts to represent its own future interests.
“Chemours can point to no case that has declined to enforce a parent-subsidiary contract because the subsidiary could not manifest assent due to its domination by the parent,” the Vice Chancellor wrote.
He added that “there is no dispute whether Nigel Pond signed the separation agreement in his capacity as vice president of Chemours. Delaware law views such a signature as ‘the most powerful and persuasive evidence’ of Chemours’ intent to be bound by the separation agreement, and, consequently, its consent to arbitration.”
Chemours argued that a provision delegating disputes over the cleanup cost to an arbitrator was unfair and could be nullified by a finding that its terms were “unconscionable.”
But Vice Chancellor Glasscock found that Chemours did not quite get there, noting that even if the provision was “the product of procedural unfairness, it cannot be procedurally unconscionable because such a finding cannot be squared with settled Delaware law that ‘wholly-owned subsidiary corporations are expected to operate for the benefit of their parent corporations; that is why they are created.’”
Chemours’ May 2019 suit against DowDuPont accused its former parent of being “systematically and spectacularly wrong” in disclosing upper limits for the environmental baggage that went along with its 2015 spinoff from the Delaware-chartered business.
The suit argued that Chemours was not permitted to retain independent counsel for spinoff preparations, and was unable to see the agreement until 14 months after it was announced. Chemours also was told it would not be relying on DuPont’s counsel to protect Chemours’ interests.
The spinoff left Chemours as an independent company, with DuPont joining with Dow Chemical Co. to become DowDuPont and spinning off crop protection and seed company Corteva Inc. DuPont de Nemours, meanwhile, separated from Dow and is a wholly owned subsidiary of Corteva.
During arguments last year, William Savitt of Wachtell Lipton Rosen & Katz LLP, counsel to Chemours, said DuPont handed off not only 19% of its business lines with the spinoff, but also 67% of the liability of its companies and 90% of its lawsuits. The arrangement, he said, brought Delaware to a point where “a spinoff can be a dangerous thing.”
During the same argument, Robert S. Saunders of Skadden Arps Slate Meagher & Flom LLP, counsel to original parent E.I. du Pont de Nemours and Co., along with DowDuPont and Corteva, said Chemours’ argument “calls into question the validity of every parent-subsidiary contract regardless of whether it is entered into in anticipation of a spinoff.”
In a statement, DuPont said it was pleased with the decision, and said that Chemours’ indemnification obligations are clear and that DuPont would take steps to enforce them.
“Chemours argued that the separation agreement governing the Chemours spin-off was unenforceable because Chemours was an EID [DuPont] subsidiary at the time it signed the agreement,” DuPont said in its response. “The court rejected that argument, confirming that contracts between parents and subsidiaries (like our separation agreement with Chemours) are ‘routinely enforced,’ and that to invalidate such a contract on the procedural ground offered by Chemours ‘would be nonsensical.’”
Chemours said separately that it stands by its position.
“While we are disappointed in today’s ruling, we plan to file an appeal to the state Supreme Court,” said David Rosen, Chemours global leader for media relations and strategic communications. “We are confident in the merits, whether in court or in arbitration, and will continue to vigorously defend the rights of Chemours and all its stakeholders.”
Chemours is represented by Joel Friedlander, Jeffrey Gorris, Christopher Foulds and Christopher P. Quinn of Friedlander & Gorris PA and William Savitt, Justin L. Brooke and Ryan A. McLeod of Wachtell Lipton Rosen & Katz.
DuPont is represented by Robert S. Saunders, Jennifer C. Voss, Arthur R. Bookout and Jessica R. Kunz of Skadden Arps Slate Meagher & Flom LLP.
The case is The Chemours Co. v. DowDuPont Inc. et al., case
number 2019-0351, in the Court of Chancery of the State of Delaware.
–Editing by Marygrace Murphy.
Update: This story has been updated to include comments from DuPont.
OPINION
Dear friends,
I’ve been holed up like an Eskimo in an igloo, isolating at home, watching way too much Fox News and doing my best not to eat my entire month’s worth of food in a week. I’ve had a lot of time to think about politics (vote Trump) and Delaware (down with Andre Bouchard), two of my favorite things to write about to you dear folks.
I’ve given it some deep thought, and it’s absolutely clear to me now. I feel like Chancery Court Chancellor Andre Bouchard and his former firm Skadden Arps are like viruses to businesses in Delaware. It seems to me that they use up companies in dispute and spit ’em out once they’ve sucked the money out of them. There seems to be a plague on companies that decide to domicile in Delaware when they have to deal with the Court of Chancery!
Our state’s most harmful business curse, as I see it, folks, is Andre Bouchard, who took over as Chancery Court Chancellor and his buddies at Skadden Arps appear to have the run of the place. It’s no longer business-friendly, in my opinion, and the court has become like a virus, feeding on businesses, the business owners, and their workers!
I do not think Delaware’s courts, the Chancery Court, or the economy will lead the nation again, until Chancellor Bouchard and his buddies at Skadden take their tentacles out of the Delaware Court system. It’s clear to me that this incestuous, Bouchard/Skadden virus that I believe infected TransPerfect, has got to be eliminated. There seems to be a continuous appearance of impropriety.
Folks, if indeed the disease is Bouchard’s apparent method of operation, then we the people are the cure. It is time for a change so that the Delaware courts and our once glorious state of Delaware can thrive again! Tell your legislators it is time to rid our state of this inequitable situation once and for all! This will be an issue in the November elections – I promise you!
Thank you to those who wrote to tell me you’re well and I’m glad so many of you remain safe and healthy. Keep your chins up and we’ll get through this folks.
Yours Sincerely,
Judson Bennett-Coastal Network
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.
Rev. Al Sharpton Advocates for Diversity on Delaware’s Courts in Wilmington
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.
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.
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.
Dear Friends,
This is something I have never done before. I am asking you to help me help a friend of mine who is being abused in a California prison. Unfortunately, besides being a disaster as a disease-ridden state filled with thousands of homeless people. it also has a reputation for withholding proper medical treatment for its inmates. If you are sent to a California prison and you get sick, you may very well not come out alive.
Please read this amazing history about my friend Cristobal Avil, who is a severe epileptic. After having an argument with his estranged wife, Cris had a “Grand Mal Seizure” and while flailing his arms and legs during the attack, he severely injured his wife. She prosecuted him. While awaiting trial in San Bernadino County Jail, Cris was denied the proper medication and had another epileptic attack and ended up almost dying, losing the use of one of his kidneys and damaging the other. Unable to get proper medical treatment, being severely ill, emotionally drained, and financially destitute, Cris was unable to receive proper legal representation. He was convicted and sentenced to 2 years. He is now urinating blood every day and not being properly treated or receiving needed medication. This is what is happening folks and it is a horrible situation. I am telling you that I know Cris Avila is a good man and deserves some help. I am standing up for him and doing all I can to right these wrongs. Please join me in this righteous enterprise!
Here is the bottom line, If Cris survives until his release during this coming November, it will be several months before he can find a job (Cris is a computer genius), get some medical insurance, etc., besides having some money for the basic staples of life. I want Cris to be able to see a top-notch kidney doctor and an epilepsy specialist. I am asking you to join me in helping Cris live and become a useful member of society again. I can’t do it all by myself. I am donating $1000. I am asking you to send anything — $5, or any amount you feel comfortable with.
Please make your checks out to “Help Cris Live Fund” and mail them to:
Judson Bennett
c/o Help Cris Live Fund
P. O. Box 1133
Palm Beach, FL 33480
I will distribute the money for Cris’ special needs accordingly.
I will be eternally grateful.
Let’s make this go viral.
God bless you and thank you for your consideration.
Sincerely Yours,
JUDSON Bennett-Coastal Network
Folks, this came across my desk from the Family Policy Council and must be published!
Did Your Senators Vote to Ignore Infanticide?
“On Tuesday, the U.S. Senate failed to approve the Born Alive Abortion Survivors Protection Act. It is a sad commentary on our nation when we must even consider such a proposal. It is an outright travesty when not enough elected officials vote to extend basic protections for the most vulnerable among us—babies who somehow miraculously survive abortions.
In the U.S. Senate, in order to avoid a filibuster, 60 senators must vote for what is called cloture on any legislation before it can advance. In other words, without 60 senators voting to agree to continue with debate, any given bill will fail.
The Born Alive Abortion Survivors Protection Act was no different from any other legislation in this respect – without 60 votes, the bill will fail.
That is what happened on Tuesday – on a bill to stop infanticide, fewer than 60 of 100 U.S. senators voted to protect survivors of botched abortion.
It failed on a 56-41 vote, with 41 senators voting to kill it.
We want to make sure you know how your senators voted on this most basic bill because it serves as a barometer of just how far some elected officials will go to protect abortion. Failing to vote to protect abortion-injured babies makes it abundantly clear where 41 U.S. senators stand on the issue of life in general.
You can use our Action Center to find out how your senators voted. Just click here and then enter your zip code and/or address to get the information you need.
We have also made it easy for you to communicate with both of your senators about this vote. Once you find out how they voted, we have provided an option for you to “Take Action” to thank them or to ask them to reconsider their position on the Born Alive Bill. Our system will automatically generate the appropriate messages that you can simply personalize as desired.
It is important to note that three senators running for President were not even present Tuesday to vote on the matter, although they have already been outspoken in their radical support for abortion on the campaign trail. We have set up a message addressing their failure to vote as well.
Thank you for standing strong, being informed and taking action on this matter. “
For life,
Robert Noland
Communications Manager
Family Policy Alliance
Dear friends,
As Delaware’s Joe Biden heads into Super Tuesday with some momentum from his victory in South Carolina, he still has a huge weight weighing on him… the diversity problem in his home state. Now, I don’t see it as being as big a problem as others do, but I’m not the one running for President of the United States.
If I were running for President, I’d be paying attention to what was going on in my home state. After all, if you cannot look after and solve the problems going on at home how are you going to solve the problems of a nation?
Read the story below from a few weeks ago and you’ll see the problem is a big one in Delaware.
I’ll be honest, I do hope it weighs heavily on Biden because as you know, I’m rooting for Trump. But I’m also rooting for Delaware.
Let me know your thoughts on this.
Respectfully yours,
Judson Bennett-Coastal Network
https://www.thegatewaypundit.com/2020/01/bidens-delaware-sharpton-and-liberal-group-protest-against-white-wealthy-male-judges-appointed-by-democrats-to-state-courts/
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?
The glory days of Delaware look to be farther and farther behind us folks, as I look into my rear-view mirror. Delaware’s economic struggles have grown, it’s a destination for late-term abortion, unemployment is worsening, the courts are corrupt, members of the legislative are at odds with each other and there seems to be limited compromise.
Delaware was once a place I was proud to say I was born and raised. It is America’s first state — known as the small wonder — a national leader in economic development, first in judicial equity court, great beaches and fishing, no sales tax, and a legislature that always sought compromise.
And to make matters worse, University of Delaware football — my fall weekend escape — has been awful. I have deep pride in the University of Delaware, where I earned a Bachelor’s and Master’s degree. The football team used to dominate Division 1 AA football with occasional big-school upsets. UD’s glory days are gone and I fear the state is following the same path.
Whether you are a Republican, a Democrat, or an Independent, ask yourself: Are you OK standing by while our economic resources dwindle? Are you OK with fewer jobs? Are you proud to be from a state that allows our state’s Equity Court to operate with perceived corruption? Which seems to be overlooked by the Bar Association?
And our courts are in shambles. Chancery Court Chancellor Andre Bouchard has put Delaware in the national spotlight with the way he handled and continues to handle the TransPerfect case. It has really taken its toll on our reputation. It was so bad that many employees banded together to form Citizens for Pro-Business Delaware and now Delawareans have joined in droves with over 5,000 members in the group. They’re going after our courts, asking for transparency and accountability. Finally, a group is actually looking for progress in Delaware, and of course, they’re met with resistance — when there’s a real chance here for Delaware to move forward.
I fear the outlook is bleak as Delaware’s state taxes will have to go through the roof as our corporate franchise taxes are being eroded.
I want to be proud of Delaware — I am no longer!
Am I alone in this? How are you feeling about our once great state??
OPINION
Dear friends,
Folks, you have to check this out… eye-popping stuff happening in Delaware! Right in front of law firm Skadden Arps’ office is a billboard on the back of a truck calling the firm out for a lack of diversity. I’m going to step aside, so you can scroll down and check out the article from Delaware Business Now.
Skadden Arps gets truck billboard treatment, with TransPerfect group claiming the law firm lacks diversity.
Citizens for a Pro-Business Delaware sponsored a billboard truck taking aim at the law firm of Skadden Arps.
The group, comprised of TransPerfect employees and Delaware residents, according to its website, has been calling for more diversity at the firm and others like it. TransPerfect has been in a long-running dispute over billing for a Skadden Arps attorney who served as custodian for the company deadlock.
He later ruled. in favor of Philip Shawe, who now owns all shares.
Said Citizens for a Pro-Business Delaware Campaign (CPBD) Manager Chris Coffey, “For months now our members have been calling for Delaware to make progress in diversifying its court system, but to no avail. We said from the beginning we weren’t going to be afraid of calling out those we see responsible for perpetuating a rigged system the only helps a select few, and this billboard shows how serious we are about that.
“The inequities in Delaware’s justice system, caused by a court system run by mostly white judges is a direct result of firms like Skadden Arps denying opportunities to people of color. We can’t possibly expect the judges in our courts to accurately reflect the racial, ethnic, gender, and socioeconomic diversity of this state if they aren’t given the opportunity to gain the relevant experience.
“Lacking diversity in our justice system is a national and systemic issue. But in a state that’s home to the country’s busiest corporate courts, where judges are handpicked to join an old boys’ club from top firms like Skadden, it’s critical we end the status quo.”
Skadden did not immediately respond to an Email message seeking comment.
Once again, a newspaper in Europe is writing about America’s First State — that’s Delaware, in case you didn’t know. In my view, this continuous and suspiciously absurd, seemingly biased operation that Chancellor Bouchard conducts in his Chancery Court is again raising its ugly head on the world stage.
This time it is mostly about racial diversity in Delaware, and a Spanish newspaper is writing about it. Criticism is being leveled at both the Skadden Arps law firm and the Delaware Court system itself. Frankly, folks, I don’t care about forced diversity and I think affirmative action has gone way further than it ever should have. I am about hiring the most qualified individual, regardless of race, sex, religion, or sexual orientation. But it is clear that the issues with the Delaware courts go beyond Republican and Democrat. We may not all agree on the solution, but it sure seems like we can agree there’s something rotten going on in Delaware’s courts, when rich country club friends are scratching each other’s back with taxpayer money.
Folks, please read the article below and get the European perspective which is significant, because it indicates the long term, international effect that Bouchard’s subjective rulings have had on business and Delaware’s future as an international incorporation destination.
The criticisms that this state has received from the North American east coast, once known for its fiscal advantages and its ability to attract companies, have diminished its competitiveness.
The TransPerfect case is one of the most complex and media in recent years. As a result of this controversy, more than 600 jobs in Barcelona and 5,000 worldwide were endangered, and the serious shortcomings of the Delaware judicial system that directly affect their businesses and citizens have been revealed.
The criticisms that this State has received from the North American east coast, once known for its fiscal advantages and its ability to attract companies, have diminished its competitiveness. Delaware citizens have watched helplessly as Supreme Court Judge Andre Bouchard decreed in recent years the forced sale of a private company with benefits.
This puts jobs at risk and granted control of the group to the Skadden law firm for personal affinities by hiding the records of the TransPerfect case to public opinion, among others. These actions have caused a negative impact on the prestige of the Delaware judicial system among American companies, institutions, and professionals.
Protests for lack of diversity
The lack of diversity has opened a new chapter in the crisis of its judicial system. The problem has gained greater social prominence since the U.S. Department of Justice opened an investigation to Judge Bouchard and Robert Pincus, a partner of Skadden, who managed the process of selling the TransPerfect company for alleged discrimination during 2017 when the company was under your control.
Civil and social rights activists such as the Reverend Al Sharpton and Dale Dennis have charged against the lack of diversity and led marches in Delaware claiming that judicial estates are not filled only by white men. They have also undertaken a commission to study diversity in the judicial system of the State of Delaware to give notoriety to this problem.
Reverend Dennis has led a protest rally at the doors of the Senate. And it is that the Executive Committee of this House has approved that Judge Paul Fioravanti replace the magistrate Tamika Montgomery-Reeves as a member of the Supreme Court of Delaware, while Al Sharpton has been denied the opportunity to testify in said judicial hearing.
Skadden, in the center of criticism
The Skadden Law Firm has been one of the main focuses of social criticism. Despite making a flag of diversity in their communications, the reality is that 9 out of 10 associates of the firms are Caucasian.
Bouchard and Pincus come from this firm, both involved in the controversy of the TransPerfect case and investigated by the US Department of Justice for alleged racial discrimination. In this sense, Pincus acted as the judicial administrator of the company during the sale process and during his tenure, he reduced the benefits in a proportionate manner to minority employees. In parallel, it swelled the bill in favor of Skadden.
4.1 million sanction
The firm had to pay about 4.1 million euros of sanction in 2019 for breaching the US Foreign Agents Registration Act (FARA) in the political lobbying works carried out with the convicted Paul Manafort. They are accused of benefiting the Government of Ukraine in 2012 and 2013 in favor of Viktor Yanukovych, president of that country from 2010 to 2014.
Sharpton and Dennis have affirmed by letter that, due to Skadden’s high weight in the State’s judicial system, it is precisely those who have the most obligation to promote diversity among their associates and the judges of the State. In the statement, they have also asserted that “the Delaware Court should resemble the people of Delaware, not just a minority.”
Dear Friends,
Everybody knows that I support President Donald Trump, not because he is a lovable character, or a really nice guy, or a wealth of morality. I support him because of his policies which I believe are good for America’s prosperity and the fulfillment of the American dream which is life, liberty, and the pursuit of happiness.
Capitalism, without a doubt, in a democracy creates an opportunity for all of us to better our lives. Businesses are able to flourish and hire more people, because of lower taxes and reduced restrictions. Folks, the economy of the United States is booming — it is the best it has been in many years. It is not because of anything Obama did, it is because of Donald Trump and he deserves the credit !
On the other hand, make no mistake about it, there is a clear and present danger of the United States becoming a socialist country with restricted freedoms, a place without hope, and a place that limits us to mediocrity. The press, our universities, and one-half of the voters actually embrace creating a socialistic society where nobody can get ahead. Socialism does not work — it is a proven fact. We are all not the same; we all have different talents and abilities. If you think taxing the very wealthy up to 70% will stop there, you are wrong.
Next, it will be millionaires, then people who make $500K, then $100K and then 50K, until everybody is broke. Tax and spend policies do not work.
Take a look at the failed policies throughout history — the Soviet Union, Cuba, and now Venezuela. Stop the madness, America cannot support the world, nor can it afford to pay for everyone’s health care and education on the backs of those who have worked hard and been financially successful.
The United States is finally reviving itself again as the land of prosperity and greatness, thanks to the policies of President Donald Trump. I can say with all confidence that if the U.S. goes the way of Bernie Sanders, Buttigieg, Cortez, Nadler, Schiff, Warren, Harris, Pelosi, and the likes of Maxine Waters… God help us all.
Respectfully Submitted.
JUDSON Bennett-Coastal Network
OPINION
Dear friends,
In a rare glimpse at actual emails coming from an ongoing Delaware Chancery Court battle, thanks to publicly available court documents, I’ve been able to read email exchanges between Delaware law firm Skadden Arps attorneys and executives at TransPerfect. They have been battling for years and I’ve been writing about it. I’ve taken the liberty to lift the emails directly from the court document, so you can read them yourselves, folks.
I would love to hear your thoughts on this! This case is making history in Delaware.
I don’t know what “consciously approved”means. The policy was submitted to the Board, David was with you, and you complained about Roy losing his authority. Whether you approved or not, the Board approved it. The court approves my fees. If you believe that I am taking advantage of the Company, you should discuss with the Chancellor. The last time I provided you information, it made it to your lobbying group’s advertisements. I do not intend to do that again.
On Oct 24, 2016, at 6:54 PM, Phil Shawe wrote:
Thanks Bob. I am quite sure that I consciously approved no such thing.
I feel that vast sums of company’s money are being spent by you and your agents and their agents – on your own bills – with your own approval – with no meaningful disinterested or non conflicted review.
This is In violation of the most basic accounting principles.
How can this be rectified?
No one should have a blank check just to pay themselves whatever they want — whenever they want — out of the company coffers — completely unreviewed — and completely unchecked. This is how you/Skadden and Joel/A&M pay each other now — but because Joel is beholden to you, the system is flawed.
Example: If you/Skadden had a 5,000 line item, but erred and typed 50,000 — How would this error ever get caught?
Your self-imposed and self-regulated system: Lump sum billing with no detail + no meaning review + “approve your own bills with yourself and your own agents that you reciprocal approve theirs with no review” cannot be proper procedure under Custodian/Receiver guidelines or accounting standards. Even as a state actor and arm of the court — this unlimited and unchecked ability to spend the company’s money just does not seem right,
I am open to solutions: but there should be “segregation of duties” in accounting. I am not saying that you and A&M are scratching each other’s backs on bill approval and payment — but as of now, you could — and that should not be permitted to happen at the system level — and with change you force through — our accounting system becomes more and more contorted so that your and your agents are in position to approve each other’s bills with no meaningful review whatsoever.
Again, this cannot right — and the system should include approved other than your own – for your own bills.
Best,
Phil
On Oct 25, 2016, at 6:08 AM, Pincus, Robert B wrote:
You approved the signing policy at the last Board meeting. A copy of which, marked from the last approved policy, is attached hereto. If you have a list of questions you would like to have answered please call me to discuss.
Robert B. Pincus Skadden, Arps, Slate, Meagher & Flom LLP
Are you trying to cut my approval out of here too?
Your and agent’s fees are extravagant, and you are basically writing your own checks from the company. I object to your and your agents unchecked bills.
Please provide full itemized bills on the future. These should be checked like any receiver.
Is it true you unilaterally raised your hourly rate to TransPefect to $1425 without seeking the courts permission? …or notifying me or the Board?
And who is the check and balance on Skadden’s bills? …or do you just bill whatever you want with no meaningful review whatsoever.
Do you deem this appropriate?
Please answer. I have a list of unanswered questions from you that is mounting.
Please kindly review my previous and provide answers.
Also please stop continually referring to my concern over potential improprieties by others — or by you and your agents as “bullshit” or other profane language. Such language is not necessary or constructive.
Thank you,
Phil
On Oct 25, 2016, at 5:27 AM, Pincus, Robert B wrote:
Joel-please provide Sylvia with the payment approval matrix that was approved at the last Board meeting. Email approvals of two of three Board members are needed for non recurring or court appointed professional services, subject to certain exceptions. The GT payment is approved. Please process accordingly.
Cc: Steve Tondera; Pincus, Robert B (WIL); Liz Elting; Phil Shawe
Subject: RE: Grant Thorton Progress Billings
Good Afternoon Joel,
Grant Thornton LLP (GRANO006) invoice #’s 953078650 and 953085886 along with Bob’s and Liz’s approvals have been received and will be processed once Phil’s approval is received as well.
Attached are Grant Thornton’s progress bills #5 and 6. Also included is a recap of fees incurred by individual on a cumulative basis. To date fees total approximately $1.1M.
Once you approve the attached invoices we’ll forward to accounts payable for processing.
Please let me know if you have any questions.
Thank
Joel Mostrom Senior Director Alvarez & Marsal North America LLC 3424 Peachtree Road NE Suite 1500 Atlanta Georgia 30326 Direct 404 720-5225 Mobile 917 294 0224
Date: November 2, 2016 at 3:39:24 AM PDT To: Phil Shawe Cc: “Mostrom, Joel” , “Hershan, Robert” , Elisa Yoshihara , Jay Clayton , “[email protected]” , Marty Russo , “Voss, Jennifer C”
Subject: Re: Grant Thornton Progress Billings
Phil– your late night ramblings are ridiculous. If you have real concerns about these issues, we should discuss in a rational manner or you should bring these allegations to the Chancellor. You lawyers certainly know how to find the Court house. No one should have to put up with your baseless allegations.
On Nov 2, 2016, at 1:16 AM, Phil Shawe wrote:
Joel
These are my personal views. I was just at the Ops party tonight…
Multiple people in the department have accused you of intimidation — and people have specifically said to me that you have said things like “The Board Says XXXX – So you have to [write the check] right now – No need to tell Phil/Liz – Just do it” My personal view is… you are often misrepresenting these requests as “Board” actions — as this is often either just “you” — or perhaps Bob and Liz approving something by email — which obviously, is not an official Board action. A Board Action requires proper notice, a meeting, a debate, and a vote. In those cases, yes, you’d then be telling the truth.
I tell you this more to coach you for your own internal credibility at TPT than for any other reason — as people know when you are hiding behind “The Board” or “The Court” in the situation, and they see through it. You are better off just telling the truth and taking responsibility versus blaming a nebulous entity with our culture and our employees. This advice can be taken at your option, but I sincerely believe it will help you with the TPT staff.
I don’t know if we need a full-fledged investigation (I leave that to Eli), as much as a change in behavior — but multiple people have complained to me you have intimidated them into actions they were not comfortable with, or would have liked to have more internal control checks done before proceeding. Many were related to spending habits. Many people also feel there are no real checks on much of the court-imposed billing because you all approve your own bills — they feel you (A&M, and Connor) are conflicted in, for example, approving your own hours. I have heard accounting people say Connor, for example, has billed many times the hours that the work listed should take. Who holds them accountable?
So you are the one actually creating stress and angst among the staff in two ways: 1) intimidation; and 2) in not having a system that provides a meaningful check over the court-ordered bills — In the current system you are running, no one is truly providing review of court-mandated expenses with a watchful eye: Skadden, Connor, A&M, and GT hours. What results? Two bad things: It’s a feeding frenzy of billing for a profitable company that was functioning just fine before you arrived — well above $10 million in the past year (an enormous number, which it will be difficult or impossible for TransPerfect to recover even if successful on appeal); and 2) people don’t respect the fact that these bills are so enormous, and that there’s no real check on them, so they don’t feel good about processing them. This is truly what gives good accounting/ops people stress and angst.
The suggestion that “The Court” is reviewing bills, to ensure they actually match the work that was actually done, is not accurate; as we all know, they are approved by email or motion – often in 1 day or 10 seconds. One thing we might want to explore is a having an internal control system that truly keeps court-mandated expenses in check, as we have with all other expenses.
Best,
Phil
Phil Shawe Co-CEO Trans Perfect
3 Park Avenue 39th Floor New York, NY 10016
t +1 212.689.1616
www.transperfect.com
TransPerfect is ISO 9001:2008 and EN 15038:2006 certified.
To: Phil Shawe Cc: Pincus, Robert B; Liz Elting; Mostrom, Joel; Hershan, Robert
Subject: Re: Grant Thornton Progress Billings
Phil:
I am writing to respond to a series of emails over the recent days that you sent to me, cc’ing many others, alleging your concerns involving my actions as to several matters, including intimidation, billing approvals, check payments and messaging of Board decisions.
Intimidation It has never been my intent to intimidate anyone in Finance/Accounting in any manner, including as you suggest to cause a lack of review or questioning of bills presented for payment. If you have specific examples of this type of conduct and/or employee complaints, I ask that you provide them to me, the Board and/or HR so that they can be managed appropriately. It has never been my intent to do anything other than execute on my mandate consistent with directions of the Board and the orders of the Court. Nevertheless, in an abundance of caution, this matter has been referred to HR (Eli) and I am hopeful that HR will investigate your allegations to ensure that no one in the finance department feels they are being intimidated by my actions.
Please note that copying finance personnel on these types of emails, in my opinion, works to create additional stress and angst among these employees and their colleagues in an already challenging environment and can have a detrimental effect on their job function. Note, as you are aware, in my role I signs checks only under Board approved rules and governance; and related check requests are approved by appropriate individuals at TP (or, in limited circumstances, by the Board or Bob as Custodian) before the check is signed.
Non-Recurring Expenses You state that I suggested in some manner that if TP is overbilled for nonrecurring expenses this is an acceptable philosophy and approach. This is completely false, has never been suggested by me or, to my knowledge, anyone else serving the Company, and is an absolute distortion of discussions related to accounting treatment. I have discussed with the Board when considering accounting treatment and matters related to the sale process that nonrecurring expenditures are treated separately from ongoing, regular operating expenses for financial reporting purposes; indeed, they are shown as such under prevailing accounting rules. However, I have never taken or expressed the position that improper or invalid expenses (nonrecurring or otherwise) should ever be acceptable to TP or me.
A&M’s and Skadden Invoices You suggest that A&M and Skadden approve each other’s invoices which presents a “blank check” to pay each other. However, you are well aware that this is not true. Neither me nor anyone from A&M has the power to approve A&M’s or Skadden’s invoices on behalf of the Company. These are all approved at the Board or Court level based on, as I understand, the governance procedures in place that neither I nor anyone at A&M has any influence on setting. In addition, I never sign checks payable to A&M. Should you have specific concerns with the accuracy of A&M’s bills for fees and expenses I encourage you to raise those issues promptly so that we can be responsive and continue to ensure that TP is billed accurately and appropriately by A&M. However, blanket assertions that you don’t have time to review those bills and/or that generally you are not happy with the governance controls in place regarding the payment of our bills is an issue that is best handled at the Board and/or Court level.
Board Approval Communications You also asked me to disclose to TP personnel individual Board member names when delivering a determination of the Board to personnel responsible for carrying out Board decisions. It is not my role to disclose confidential Board discussions and decisions and I will not do that unless the Board directs me to. If you desire to have your vote known among TP personnel, I have no authority to stop you, however I’d caution that such communications might lend to further instability and discomfort within the finance department, a result that I would hope we are all aligned to avoid.
The above is simply an attempt to correct some of the misstatements and respond to certain of the disparaging accusations in your recent email communications. I am hopeful that we can avoid further distraction from my service at the pleasure of the Board of Directors.
Please do not hesitate to contact me to discuss.
Regards,
Joel
Joel Mostrom Senior Director Alvarez & Marsal North America LLC 3424 Peachtree Road NE Suite 1500 Atlanta Georgia 30326 Direct 404 720-5225 Mobile 917 294 0224
This message is intended only for the use of the addressee(s) and may contain information that is PRIVILEGED and CONFIDENTIAL. If you are not the intended recipient(s), you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify us immediately.
From: “Pincus, Robert B”
Cc: “Voss, Jennifer C”
Subject: Re: [Ext] Re: Skadden statement
Phil–if you really suspect fraud and waste, I suggest that you report it to the Chancellor immediately. If you are just throwing out those words out of ignorance or vindictiveness, I suggest you stop.
On Aug 2, 2017, at 2:20 PM, Phil Shawe wrote:
Again, I suspect both Fraud and Waste, it’s my duty as Board Member to report my suspicions — and I’m doing as a fiduciary to the Company.
Will you allow an audit?
On Aug 2, 2017, at 2:13 PM, Pincus, Robert B wrote:
Phil-those are not my words or substance. I told you my bills are subject to approval of the Court. The Court Order was attached and my letter to the Court described the services rendered. If you have a problem with that, you should bring it to the Chancellor.
From: Phil Shawe [mailto:[email protected]]
Sent: Wednesday, August 02, 2017 1:57 PM
To: Pincus, Robert B (WIL)
Cc: Joel Mostrom (Alvarez & Marsal); Liz Elting; Brown, Patricia E (NYC); Donnelly, Carol A (WIL); Esther Escapa; Martin Russo; [email protected]
Subject: [Ext] Re: Skadden statement
Joel and Bob,
I demand an audit of these bills. How many hours did everyone work – and on what?
In his words or substance “I [Pincus] can bill an unlimited amount, and there’s no way for you (Shawe) to question or challenge it.” This may the case, but it should be in the minutes that my objection is noted.
Best, Phil
On Aug 2, 2017, at 1:25 PM, Pincus, Robert B wrote:
Joel—Attached is our statement for services rendered during the period June 25th through July 30th and the Court Order approving it. The professional fees of $25,899.48 included as expenses, relate to the services of Williams & Connolly, which is representing me in the District Court litigation brought by the Shawes. Please let me know if you have any questions.
As you know, under the terms of the Sale Order, the Court approves my firm’s bills, not you. Thus, your approval is not required and is not being sought.
That said, please note that I take my responsibilities as Custodian very seriously, including with respect to billing. As you know, in submitting my firm’s bills, I have proceeded in the same manner (in accordance with the Sale Order) for over two years, and the Court has never registered any dissatisfaction with the bills, the process by which they are submitted, or the monthly letters that I send to the Court in connection with the sale process to which you have access), generally describing the kinds of matters in which I and my colleagues are engaged.
There are sound reasons why the Court approves my bills and not you. You are a party litigant in the Delaware proceedings who vehemently opposes the sale and who also is adverse to me (and/or the State of Delaware) in several legal actions concerning the sale. Further, you are a bidder in the sale process, sitting across the table from me and TransPerfect, so to speak, which gives rise to certain unavoidable conflicts on your part. In these circumstances, it is particularly inappropriate for you to be seeking my detailed invoices and the confidential information reflected therein and/or the attorney work product reflected thereby.
As for the recent increase in monthly bills, as you know, we are now in the midst of an intense period in the sale process, with daily engagement with bidders, their advisors and related matters. Moreover, during this time, we have confronted an increase in litigation activity brought by you and your lieutenants, as well as a growing lack of cooperation, including in connection with Wordfast and other wrongful attempts to deter, delay and confuse the sale process. Our increased hours and bills are largely a result of this increased litigation activity and lack of cooperation.
In short, I believe that the allegations in your email are baseless and are part of a larger, coordinated effort to undermine the sale process. Nevertheless, as I have indicated in the past, in accordance with the Sale Order, you are free to address whatever concerns you might have with the Court of Chancery.
Bob
Robert B. Pincus Skadden, Arps, Slate, Meagher & Flom LLP One Rodney Square | P.O. Box 636 | Wilmington Delaware | 19899-0636
T: 302.651.3090 F: 302.434.3090 | M: 302.562.5232
From: Phil Shawe [mailto:[email protected]] Sent: Monday, September 11, 2017 9:33 AM To: Pincus, Robert B (WIL); Joel Mostrom (Alvarez & Marsal) Cc: [email protected]; [email protected]; [email protected]; keith@fleischmanlawfirm .com Subject: [Ext] Re: Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates (SKADO001) – 1679568
Removing Silvia, Chris, and Steve…
Bob and Joel,
Consistent with my Director duties, I must object to this payment without transparency and itemized bills — receiver bills are ordered by the court and should be public and should face meaningful review (not just a rubber stamp from the court) — And they certainly should be made available for reasonableness review, to me as a Director, Co-CEO, and 49% owner of the parent company — and a 49% beneficial owner of this money itself.
Billing nearly $500,000 a month, for the past two months — even at the rate $1425 per hour — should be reviewed — my view is that it is virtually mathematically impossible that all these hours were actually worked by Bob or anyone else at Skadden. To be clear, I suspect Skadden of padding of hours, billing fraud, and corporate waste; and am respectively request transparency, and independent an third-party investigation all Skadden’s lump sum billing practices starting with the first Mediator and Custodian invoices.
Again, my personal view is: it is mathematically impossible for Bob and Skadden to have provided approximately $1 million in services over the past 2 months. This is vastly more than Morris James, and Now-Vice Chancellor Joseph Slights charged for me for the same period “to conduct a trial”
Additionally, my understanding is Ms. Voss recently came to New York, and intimidated several TPI’s New York employees into meeting with her alone, knowing full well they were represented by counsel – – And, she did not uniformly provide the appropriate lawyer-layman warnings, as required by law. I personally do not believe TransPerfect should be charged a penny for Ms. Voss’ unethical and/or illegal behavior.
Bob, are Ms. Voss’ interrogations of TransPerfect employees part of your bill?
If my approval is desired, please provide back up. There is no reason why Skadden’s bills should not be equally transparent to that bills of Former-Chancellor William Chandler. Please use the former Chancellor’s recent bills as a guide for appropriate and ethical fee disclosures — and re-submit Skadden’s bill with enough transparency to evaluate their accuracy. If this cannot be provided, my view is that any objective observer must conclude that illicit activity is taking place with respect to Skadden fee and TransPerfect is being vastly over-billed.
Thank you,
Phil
On Sep 11, 2017, at 5:42 AM, Silvia Cartagena wrote:
Hi Joel, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates (SKAD0001) invoice # 1679568 along with Court Order approving payment has been received for processing.
Thanks
Best Regards,
Silvia Cartagena
TransPerfect t+212 689-5555 x 1382 |f +646 607-1559
From: Mostrom, Joel [mailto:[email protected]] Sent: Saturday, September 09, 2017 8:51 AM To: Silvia Cartagena Cc: Liz Elting; Phil Shawe; Pincus, Robert B; Christopher Boerum; Steve Tondera; Joel Mostrom (Alvarez & Marsal) Subject: FW: Skadden statement
ATTENTION EXTERNAL E-MAIL – Message was sent from external sender. Be careful of attachments and links from unknown/unsolicited users, especially if this claims to be from someone internally.
Silvia
Attached is the Custodians invoice for services rendered for August 2017 and the Court Order approving payment.
I have also copied Liz and Phil for notice as required by the Board’s payment policy.
Thanks
Joel Mostrom Mobile +1 917 294 0224
From: Pincus, Robert B [mailto:[email protected]] Sent: Thursday, September 07, 2017 5:27 PM To: Mostrom, Joel Cc: Liz Elting ([email protected]) ; Phil Shawe (pshawe @translations.com) ; ‘Sara El Hadaj ; Brown, Patricia E ;
Donnelly, Carol A Subject: Skadden statement
Joel–Attached is our statement for services rendered during the period July 31st through August 28th and the Court Order approving it. The professional fees of $1,608.00 included as expenses, relate to the services of Williams & Connolly, which is representing me in the District Court litigation brought by the Shawes. Please let me know if you have any questions.
Robert B. Pincus Skadden, Arps, Slate, Meagher & Flom LLP One Rodney Square | P.O. Box 636 | Wilmington | Delaware | 19899-0636
From: Pincus, Robert B [[email protected]] Sent: Monday, October 09, 2017 7:52 PM
To: Phil Shawe Cc: Voss, Jennifer C; David Goldstein; [email protected]; Joel Mostrom (Alvarez & Marsal)
Subject: Fwd: [Ext] RE: Skadden statement
Phil – As I’ve indicated in the past, I will not respond to your angry emails, other than to say that, as Custodian, I take my billing responsibilities very seriously and your accusations — including about billings, purported statements made at board meetings, and “Elting-created initiatives” –, as you well know are false. Bob
I would like to see the Court Order specifically addressing the million dollar bill ($998,615).
Why is the file name “Arbitration Bill” — I assume this is for some “arbitration” — And therefore a mistake, and perhaps the whole bill is a mistake; as such, I demand scrutiny by In-House counsel Adam Mimeles – – and all Shareholders and Directors.
You and Skadden stand accused of billing fraud, padding hours, billing for work not actually done, and front-loading partner time expense (vs. less expensive associates) — by three C-Level TransPerfect executives independently — who are experienced executives with over 50 years of combined TransPerfect experience — and, that was at the $500,000 level. So what do you do? …you double your bill, and continue to provide no transparency. Is this retaliation for raising legitimate questions? The entire accounting staff, and the general management team company-wide, is horrified by your fee gouging.
I know, from the beginning, you’ve mocked me in Board Meetings, and said I have “no chance” of fairly stopping you from looting TransPerfect, or even providing itemized bills, based on your relationship with the Chancellor, and that the Chancellor will blindly sign for whatever money Skadden asks for, so “take it up with him” — and that you can ask for as much as you want — and that I shouldn’t bother challenging. While, you have improperly succeeded in deterring me thus far, this has now moved from the egregious to the completely obscene.
To be clear: I am challenging your bills to-date in general, your rate, and this outrageous bill specifically. Please order the itemized version shown to our in-house counsel, shareholders and directors (we are paying them). If you are aren’t engaged in wrong-doing, you should have nothing to hide. And, just because you are close with the Chancellor, it doesn’t give you a license to steal.
And, if it exists, kindly show me a specific court order related to this “arbitration” bill, so I may see it. I see nothing that ties this court order to this “Arbitration Bill” — and nothing that says the Chancellor even knows it’s $998,615.
Please answer what TransPerfect is in “Arbitration” about, and with whom, asap?
Thank you, Phil
p.s. Joel has admitted to me, and our staff, many many times that your team (you, he, and Rob) spend nearly all your time on Elting-created initiatives. So please don’t start to make accusations to the contrary.
p.p.s. Shawe legal team, please do not reply to this company email address.
Phil Shawe Co-CEO TransPerfect
3 Park Avenue 39th Floor New York, NY 10016
t +1 212.689.1616
www.transperfect.com
TransPerfect is ISO 9001:2008 and EN 15038:2006 certified.
Sent: Monday, October 09, 2017 4:53 PM
To: Joel Mostrom (Alvarez & Marsal) Cc: Liz Elting; Phil Shawe; Brown, Patricia E; Donnelly, Carol A
Subject: Skadden statement
Joel—Attached is our statement for services rendered during the period August 29th through September 27th and the Court Order approving it. The professional fees of $51,360 included in the expenses, relate to the services of Williams & Connolly and other law firms that are representing me in various litigations brought by the Shawe’s. Please let me know if you have any questions.
Robert B. Pincus Skadden, Arps, Slate, Meagher & Flom LLP One Rodney Square | P.O. Box 636 | Wilmington Delaware | 19899-0636
TransPerfect is going after law firm Skadden Arps and Chancery Court-appointed custodian Robert Pincus, asserting they should be held in contempt of court and no longer be allowed to submit late fee requests. I wonder what has taken so long?! These jokers have been able to collect almost $14 million in fees and continue to put their hand out each month for more, even after the case has been closed for nearly 2 years.
Lawyers for TransPerfect are (finally) going after Skadden Arps and Pincus, saying they should be “held in contempt and precluded from submitting untimely fee petitions. The misconduct is a direct affront to the integrity of the judicial system… and risks undermining public confidence in the Court and its appointees.”
My opinion is plain and simple, folks, it’s a terrible injustice and a bad look for the court. It seems as if Skadden sends the bills and Andre Bouchard is the enforcer. Hopefully, with this new hearing, TransPerfect prevails.
Advocate group “Citizens for a Pro-Business Delaware” is weighing in big time. They have vowed the support of their 5,000+ members-strong group, behind TransPerfect’s 6,000+ employees. Plus the Citizen’s group has its own reforms, designed to bring transparency to the Chancery Court.
Let’s rally behind these good people. They need a win, otherwise, other Delaware companies, CEOs, and many other fine people of Delaware will continue to be at the mercy of what I see as a suspicious and improper Chancellor Bouchard Chancery Court/Robert Pincus/Skadden Arps connection.
Let me know what you think, folks. I’m extremely annoyed at the incessant IMPROPRIETIES in Delaware.
As Skadden Custodian is “in flagrant violation of multiple Court orders,” According to TransPerfect Motion, Citizens for a Pro-Business Delaware Slams Chancery for Lack of Transparency
NEWS PROVIDED BY
Citizens for a Pro-Business Delaware
Feb 07, 2020, 11:23 ET
WILMINGTON, Del., Feb. 7, 2020 /PRNewswire/ — Today, lawyers for TransPerfect Global, Inc. filed a motion in the Delaware Court of Chancery for an order to show cause why the law firm of Skadden Arps – and the firm’s court-appointed custodian of TransPerfect Global, Inc., Robert. B. Pincus – should be held in contempt and precluded from submitting untimely fee petitions. The motion follows weeks of criticism of the Court’s double standard and lack of transparency by the grassroots organization, Citizens for a Pro-Business Delaware.
Per the new motion filed by counsel for TransPerfect Global, Inc. and CEO Phil Shawe today, “the misconduct is a direct affront to the integrity of the judicial system. Among other bad faith acts, they are intentionally delaying the submission of their monthly fee petitions, which are explicitly required by this Courts orders. If not addressed, the Custodian and Skadden’s escalating pattern of abuse risks undermining public confidence in the Court and its appointees. Without a finding of contempt and meaningful sanctions, the Custodian and Skadden will continue to escalate their violations of Court orders in order to obstruct any review or public scrutiny of their billing practices as State actors.”
The motion comes after a similar one filed last week revealed the law firm of Skadden Arps has billed the translation services company for upwards of $14 million in undisclosed legal fees since being appointed the company’s custodian, recently filed documents also showed both sides of the TransPerfect dispute agree the legal fees should be explained.
Last week, per a letter filed with the court on behalf of TransPerfect CEO Phil Shawe, lawyers from Potter Anderson, as counsel for Elizabeth Elting, “requested that we promptly send them unredacted copies of recently filed documents that had not been served on them.” The letter continues, “we sympathize with Ms. Elting’s plight and agree that as both a party and a payor of Skadden’s heretofore unmonitored bills she has an interest in the matter and should have free access to the contents. As Mr. Shawe has pointed out to the Court, billing information in fee requests is not confidential under Delaware law. …That is, when court-ordered fees are sought, particularly by a court-appointed officer, information such as hourly billing rates, the number of hours billed on a given task, and the total hours billed in a litigation is not confidential competitively sensitive information. Similarly, the names of the attorneys performing the work and a brief summary of the work performed is not confidential proprietary information. These documents should be public as in every other case.”
Over two years after the TransPerfect case was settled in 2015, the custodian in the case, Skadden’s Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. According to TransPerfect’s motion, his responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended over two years ago. The recent developments in the TransPerfect case highlight the need for new transparency measures in Delaware’s secretive and beleaguered Chancery Court.
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “From day one of being appointed TransPerfect’s custodian, Robert Pincus and Skadden Arps have been taking advantage of the company and its thousands of employees by billing them millions of dollars without saying why or what for. These Skaddenomics are so shady, the firm deserves to be held in contempt, otherwise, what is holding firms like this accountable? It’s certainly not Chancery Court Chancellor Bouchard, who has been violating his own court’s rules and effectively funneling over $14 million dollars to friends at his old law firm.
“When both sides of a legal dispute stand in agreement, and the court stands by its secretive process protecting no one but the law firm they appointed, the system is broken. We once again call on the Delaware legislature to advance the legislation before them that would create a fairer and more transparent Chancery Court by requiring all custodian’s fees to be disclosed. It’s the very least they can if we are to continue allowing judges to give their old buddy’s handouts at the expense of Delaware taxpayers.”
Among CPBD’s reforms is legislation, introduced to the Delaware State Legislature, that would bring much-need transparency to the Chancery Court, requiring appointed custodians to itemize and publicly disclose a complete accounting of the costs they’ve passed on to the companies under their control so that the public, and the companies themselves, know how their money is being spent. The legislation follows Delaware Chancery Court Chancellor Bouchard’s abuse of court rules, as he appointed his last employer, Skadden Arps, and ruled that TransPerfect – which was incorporated in Delaware and has nearly 4,000 employees globally – should be sold as a result of an internal dispute between the company’s ownership. Since, Skadden Arps has received a significant amount of the $250 million that was spent on the case.
As Delaware dropped 10 spots to number 11 according to the Chamber of Commerce in its judicial rankings last year, CPBD announced a new platform to dramatically improve ethics, transparency, and accountability in the State’s Government and Chancery Court.
Dear friends,
As you all know I am a Republican partisan who supports President Donald Trump. I do so because his plan, his dedicated platform is absolutely working. There is no doubt that Trump has a past that is less than perfect. Ruthless business reputation, financial difficulties, womanizer, tough, and sometimes unreasonable are just a few of the stories I have heard. Well folks, there are not any US Presidents, including John F. Kennedy and William J. Clinton in our history who have not only been controversial, but in regard to womanizing, especially while in office, make “The Donald” look like a choir boy.
Folks, I live in Palm Beach. I have met Trump several times. He has always been gracious and charming. I have a good female friend who used to run Mar-a-Lago for Trump. This lady is gorgeous and was and is single. She told me Trump was always professional and a gentleman-100% during the 15 years she worked for him. The bottom line is Trump is the real deal. He has become a billionaire and he surely has done it, although controversial, well within the law. Trump works for free by the way and gives away his salary, as do his daughter Ivanka and son-in-law Jared. Did Obama give up his salary, did Clinton, did Bush?
Let’s talk about the Democrat controlled House of Representatives who have done nothing for 3 years except try to Impeach Donald Trump. Led by Speaker Nancy Pelosi, who represents San Francisco, which is a disgrace with a grotesque homeless population. Joined by Representative Schiff (also a California hypocrite) and that little troll Representative Nadler who all conspired with a coached and compromised Whistle-blower to falsely accuse President Trump of impeachable offenses. The bottom line is that Trump was not given the proper DUE PROCESS during the House Impeachment. He was not given the opportunity to have his lawyers cross examine the witnesses. I watched every minute of it and folks that was a ridiculous Kangaroo Court if I ever saw one ! The charges were Bogus in their entirety. The President sets foreign policy, not diplomats, nor career government workers. Trump had every right to investigate the Bidens and any perceived corruption. As to called witnesses that were part of his Cabinet, Trump had the right to exercise his executive privilege. The House could have gone to Court, but they chose not to!
The Senate Trial was completely legitimate and yes, every single witness that appeared before the House was video tapped and their testimony was presented to the entire body along with Schiff’s incessant and insipid diatribes. THERE WERE WITNESSES. The Senate voted not to call ADDITIONAL WItnesses ! That was the House’s job and they failed to do it. Furthermore the constitution clearly showed that the charges against Trump did not meet the standard for impeachment. President Donald Trump WAS ACQUITTED AND RIGHTFULLY SO !
I would like to address the top 4 Democrat candidates who are running for President against Donald Trump. I have never seen in my life time a weaker and frankly more dangerous bunch of candidates for America’s future ! Let us look at Joe Biden. This guy is a crook who clearly blackmailed and extorted the Ukranian government by forcing them to fire the prosecutor who was investigating his son Hunter Biden. “Quid Pro Quo”, severe influence peddling, and worse ! A senile, female hair-sniffing has-been who should never be our President! Bernie Sanders would take away your freedoms. Socialism is a proven failed system and if this guy gets elected, that will be the end of any future prosperity in America. Elizabeth Warren (a phony Cherokee Indian) who cheated her way into an Ivy League school. The woman is a complete wacko! Finally Pete Buttigieg, indeed a candidate whose father was an avowed Marxist ! Can you see his man-spouse entertaining a middle eastern head of state in the White House? Folks it is ludicrous that these people are even considered.
Donald Trump is the best President I have seen in my lifetime! It will be the end of the American dream if he is not reelected. Prosperity is upon us, cherish it, protect it. Mediocrity is unacceptable! VOTE For TRUMP IN NOVEMBER and remove the insidious, useless Democrats from office!
Respectfully Submitted,
JUDSON Bennett-Coastal Network
OPINION
Dear friends,
Good morning. We have breaking news this morning! TransPerfect and CEO Philip Shawe are going on offense, asking Delaware Chancery Court Chancellor Andre Bouchard to sanction Skadden Arps and court-appointed custodian Robert Pincus over a billing dispute that has gone on for two years after the TransPerfect case ended.
See the Law360 story below for all of the details. What’s really happening here, folks, is Bouchard is cleverly being put between a rock and a hard place. He’s being asked to penalize his former law firm and the man, also from that same firm, who he appointed to the TransPerfect case. As I see it, it’s put up or shut up time. Will Bouchard do the right thing? In my opinion, this is the right move for TransPerfect and Bouchard needs to end the billing shenanigans, which have gone on far too long.
TransPerfect and Shawe are saying Skadden and Pincus have gone way too far in concealing information about invoices and that Skadden and Pincus are engaged in an ongoing attempt to hide bills from closer scrutiny, the Law360 story reports.
Bouchard has sealed the record beyond what is reasonable, in my opinion. We should know what’s happening in this case. There’s no need for any secrecy here, folks! I think it sets a dangerous precedent in Delaware.
I’ll keep you updated. The plot has thickened. Get out your popcorn, folks. Delaware just got a bit more interesting. Let me know your thoughts.
Respectfully yours,
Judson Bennett-Coastal Network
Read the full story below
TransPerfect Targets Bouchard In Push To Sanction Skadden
By Rose Krebs
Law360 (February 7, 2020, 9:00 PM EST) — Global translation company TransPerfect Global Inc. and CEO Philip R. Shawe continued to hurl criticisms of Delaware Chancellor Andre G. Bouchard on Friday, this time calling into question whether the jurist will fairly consider their bid for sanctions against his former firm Skadden and a court-appointed custodian over billing disputes.
A day after asking Chancellor Bouchard to issue a contempt order and sanctions against Skadden Arps Slate Meagher & Flom LLP and custodian Robert B. Pincus, a former Skadden partner, in an ongoing dispute over billing, TransPerfect and Shawe cast doubt on the chancellor’s impartiality in considering the request.
“If the playing field was level, Chancellor Bouchard would employ his often cited goose-gander rule and hold the custodian in contempt with a threat of further sanction if he doesn’t comply in the future,” Shawe and TransPerfect attorney Martin P. Russo of Russo PLLC told Law360 on Friday. “But this is Delaware, where Skadden has immense power and unusual sway with the Chancellor, so I expect that we will see an irrational and inconsistent denial of the motion.”
The accusation is just the latest in TransPerfect and Shawe’s escalating criticism of the chancellor in the past few years as they continue to assert they have been overbilled and that Skadden and the custodian are engaged in an ongoing attempt to hide bills from closer scrutiny.
The motion for contempt and sanctions filed Thursday contended that Pincus and Skadden, who is his counsel, have intentionally failed “to file mandatory monthly applications for court approval of fees and expenses” as required by prior court orders.
TransPerfect and Shawe asserted that Pincus and Skadden are “intentionally withholding the required court ordered monthly fee petitions solely for the purpose of obtaining maximum protection of their billing practices (as court-appointed actors) from any scrutiny.”
The motion said bills were not submitted for November and December and, as a sanction, asks that those months’ fees and expenses be forfeited and that TransPerfect and Shawe be awarded legal fees in connection with its motion.
“If not addressed, the custodian and Skadden’s escalating pattern of abuse risks undermining public confidence in the court and its appointees,” the filing said. “Without a finding of contempt and meaningful sanctions, the custodian and Skadden will continue to escalate their violations of court orders in order to obstruct any review or public scrutiny of their billing practices as state actors.”
The billing fight has been ongoing for months now, with Chancellor Bouchard ruling in October that TransPerfect and Shawe would have to pay a $30,000-per-day contempt of court sanction if they didn’t dismiss a suit in Nevada over the custodian’s billings that was filed despite an order establishing the Chancery Court’s exclusive jurisdiction following the forced sale of the company in 2018.
The Chancery Court appointed Pincus in 2015 to serve as a custodian to oversee operations of TransPerfect and manage its sale, after its two co-founders — Shawe and Elizabeth Elting — had a falling-out and could not agree on how to proceed with various company matters, according to court documents.
In May 2018, the Delaware Supreme Court affirmed the Chancery Court’s ruling earlier that year 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.
In August, TransPerfect filed the Nevada suit claiming Pincus was billing the translation company without giving the company proper notice or itemizing the work he purportedly has performed.
Pincus fired back with a request for sanctions later in August, saying that Shawe was violating a Delaware court order by bringing suit in Nevada. Shawe, Pincus claimed, has exhibited a “pernicious pattern” of violating court orders in the past and will continue his “pattern of abuse” without sanctions.
After Chancellor Bouchard hit TransPerfect and Shawe with the potential $30,000-per-day contempt fine, the Nevada suit was dropped.
“This motion is frivolous and is simply the latest in TransPerfect and Shawe’s continued efforts to deflect attention from the fact that they have been sanctioned and found in contempt for ‘willfully and intentionally’ defying court orders,” Skadden told Law360 on Friday.
TransPerfect and Shawe continue to hurl assertions that not only have Skadden and Pincus failed to adhere to monthly billing requirements, but they have gone way too far in concealing information about invoices. They have already asked the court to clarify a prior order dealing with billing confidentiality issues.
“TransPerfect has been ordered by Chancellor Bouchard to pay about $14 million to his former law firm, Skadden Arps, yet we have never been permitted to see one itemized bill for the ‘work’ they’ve allegedly performed,” Shawe asserted to Law360 on Friday. That alleged amount relates to bills paid since Pincus was appointed custodian until about mid-2019, a representative for Shawe said.
Chancellor Bouchard served as a corporate litigator for Skadden prior to 1996, when he started as managing partner of a corporate and commercial litigation firm he founded, according to the state court website. He was sworn in as chancellor in 2014.
The Chancery Court declined to comment Friday.
Shawe and TransPerfect are represented by Martin P. Russo of Russo PLLC, Jeremy D. Eicher of Eicher Law LLC, Frank E. Noyes II of Offit Kurman PA and Alan M. Dershowitz.
Pincus is represented by Jennifer C. Voss and Elisa M.C. Klein and of Skadden.
The underlying cases are In re: TransPerfect Global Inc. and Elizabeth Elting v. Philip R. Shawe, et al., case numbers 9700 and 10449, in the Court of Chancery of the State of Delaware.
–Additional reporting by Emma Cueto, Jeff Montgomery, Reenat Sinay, Kevin Penton, and Vince Sullivan. Editing by Abbie Sarfo.
Without a doubt in my mind, the Delaware Court of Chancery under the auspices of Chancellor Andre Bouchard is seemingly engaged in some very irregular activity. Chancellor Bouchard has apparently ordered and approved the billing of millions in unexplained invoices from his former business partner Robert Pincus, who was Bouchard’s appointed Custodian in the TransPerfect case.
I see this as being outrageous, especially considering the case has been closed for years. According to my sources at the company, the Custodian did little to justify his nearly $1,500 per hour fees! For the record, Bouchard, Pincus, and former Chief Justice Leo Strine all were former members of the infamous law firm of Skadden Arps, which has been sanctioned in the past by the Federal Government.
Folks there is indeed the appearance of impropriety in the Chancery Court. It appears to me that Bouchard is filling the pockets of his buddies. I am sick to death of perceived corruption not only in Ukraine but in our Delaware as well. It presents a terrible picture of what Delawareans expect in the way of justice and equity.
So what is next? I have learned that TransPerfect is now going back to Court, filing a new motion in the Court of Chancery, seeking an explanation ONCE AGAIN?? The thing that blows me away is that this apparent and incessant suspicious activity is directly in our faces.
Delaware’s once-respected Chancery Court, I believe, has lost its honor and its objectivity. I believe Bouchard is corrupt, unfair; not objective. I demand an investigation into this situation. It is clearly untenable. I believe the impeachment of Andre Bouchard is in order ASAP.
Please read the article below and send me your ideas and feedback on this horrendous inequity. Hopefully, this crazy impeachment debacle of our President will be over soon, and we the people can get back to local issues in Delaware. Thank you kindly.
WILMINGTON, Del., Jan. 22, 2020 /PRNewswire/ — Following a court motion filed in the Delaware Court of Chancery today by TransPerfect Global, Inc. revealing that the law firm of Skadden Arps has billed the translation services company for upwards of $10 million in undisclosed legal fees since being appointed the company’s custodian, Citizens for a Pro-Business Delaware (CPBD) is renewing its call for reforms to the opaque business court.
Among the much-needed reforms is legislation, introduced to the Delaware State Legislature, that would bring much-need transparency to the Chancery Court, requiring appointed custodians to itemize and publicly disclose a complete accounting of the costs they’ve passed on to the companies under their control so that the public, and the companies themselves, know how their money is being spent. The legislation follows Delaware Chancery Court Chancellor Bouchard’s abuse of court rules, as he appointed his last employer, Skadden Arps, and ruled that TransPerfect – which is incorporated in Delaware and has nearly 4,000 employees globally – should be sold as a result of an internal dispute between the company’s ownership. Since, Skadden Arps has received a significant amount of the $250 million that was spent on the case.
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “The Skaddenomics that Chancellor Bouchard has enabled in his Chancery Court by violating the court’s rules to direct millions of dollars to friends at his old law firm are unacceptable, and exactly the sort of behavior that our over 5,000 members are committed to fighting. The Delaware State Legislature should take a long look at this motion and consider the legislation before them to create a fairer and more transparent Chancery Court. When you eat a meal at a restaurant, you get a receipt with a breakdown of the charges. Why shouldn’t the Chancery Court be required to do the same for companies they’re forcing to pay millions in legal fees?”
According to TransPerfect’s motion, over two years after the TransPerfect case was settled in 2015, the custodian in the case, Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. According to TransPerfect’s motion, his responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended over two years ago.
As Delaware dropped 10 spots to number 11 according to the Chamber of Commerce in its judicial rankings last year, CPBD announced a new platform to dramatically improve ethics, transparency, and accountability in the State’s Government and Chancery Court.
OPINION
Dear friends,
Finally, someone other than me is officially pointing out the injustice that, I believe, has been going on far too long in Delaware’s Court of Chancery. TransPerfect, which had been battling in this court and continues to dispute the bills it has been paying law firm, Skadden Arps, close to $10 million in undisclosed legal fees since being appointed the company’s custodian.
My friends over at Citizens for a Pro-Business Delaware (CPBD) are calling for reforms to our once-proud business court. In my opinion, folks, the court bends to the will of Chancellor Andre Bouchard and his old co-workers at Skadden Arps, including Robert Pincus, who was appointed by Bouchard. And (now thankfully) retired Supreme Court Justice, Leo Strine. I would love to see Bouchard follow in Strine’s footsteps and leave his post before it’s over!
Citizens for a Pro-Business Delaware is asking for much-needed reforms from our legislators, including transparency at the Chancery Court. Bills should be disclosed, itemized and viewable by those who are paying them. In my view, these outdated bullying tactics, employed by the Chancery Court, must stop.
According to TransPerfect’s motion, years after the TransPerfect case was settled, the custodian in the case, Robert Pincus has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee! According to this motion, his responsibilities remain unclear. How is that possible?! Skadden Arps has received a significant amount of the millions spent on the entire case.
“The Skaddenomics that Chancellor Bouchard has enabled in his Chancery Court, while violating the court’s rules to direct millions of dollars to friends at his old law firm, are unacceptable, and exactly the sort of behavior that our over 5,000 members are committed to fighting,” said Chris Coffey, the Citizens for a Pro-Business Delaware’s Campaign Manager.
I say Go Citizens! I’m thrilled to see this group taking on Andre Bouchard and his Chancery Court! I know many of my readers will be happy to see this news. Reform has been needed for years! Hello Delaware — this is an election year!! Let’s see if our State Legislators have what it takes to get this done!
See the announcement below, taken from the Associated Press news service. Let’s help make this happen, folks!
Get in touch with your state representatives and let them know this is what Delaware needs and that we mean business!
Sincerely yours,
Judson Bennett-Coastal Network
Full story from PR Newswire below:
Court Motion Reveals Skadden Arps has Charged $10 million in Undisclosed Legal Fees as Custodian of TransPerfect While Hiding Behind Obscure Chancery Court Order; Citizens for a Pro-Business Delaware Renews Call for Reform
WILMINGTON, Del., Jan. 22, 2020 /PRNewswire/ — Following a court motion filed in the Delaware Court of Chancery today by TransPerfect Global, Inc. revealing that the law firm of Skadden Arps has billed the translation services company for upwards of $10 million in undisclosed legal fees since being appointed the company’s custodian, Citizens for a Pro-Business Delaware (CPBD) is renewing its call for reforms to the opaque business court.
Among the much-needed reforms is legislation, introduced to the Delaware State Legislature, that would bring much-need transparency to the Chancery Court, requiring appointed custodians to itemize and publicly disclose a complete accounting of the costs they’ve passed on to the companies under their control so that the public, and the companies themselves, know how their money is being spent. The legislation follows Delaware Chancery Court Chancellor Bouchard’s abuse of court rules, as he appointed his last employer, Skadden Arps, and ruled that TransPerfect – which is incorporated in Delaware and has nearly 4,000 employees globally – should be sold as a result of an internal dispute between the company’s ownership. Since, Skadden Arps has received a significant amount of the $250 million that was spent on the case.
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “The Skaddenomics that Chancellor Bouchard has enabled in his Chancery Court by violating the court’s rules to direct millions of dollars to friends at his old law firm are unacceptable, and exactly the sort of behavior that our over 5,000 members are committed to fighting. The Delaware State Legislature should take a long look at this motion and consider the legislation before them to create a fairer and more transparent Chancery Court. When you eat a meal at a restaurant, you get a receipt with a breakdown of the charges. Why shouldn’t the Chancery Court be required to do the same for companies they’re forcing to pay millions in legal fees?”
According to TransPerfect’s motion, over two years after the TransPerfect case was settled in 2015, the custodian in the case, Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. According to TransPerfect’s motion, his responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended over two years ago.
As Delaware dropped 10 spots to number 11 according to the Chamber of Commerce in its judicial rankings last year, CPBD announced a new platform to dramatically improve ethics, transparency, and accountability in the State’s Government and Chancery Court. The full platform is available here.
Bruce Charet, scribe at the Friars Club, is famous for his multitude of connections in show business. Commonly known as the showbiz historian, Bruce is a New York native who graduated in 1981 from Poly Prep Country Day School and subsequently attended The City College of New York. He embarked on a career in show business at an early age and, to date, has been very successful in his endeavors. Bruce Charet has worked for big-time companies such a William Morris Agency – a Hollywood-based talent agency that represented some of the best known 20th-century entertainers in film, television, and music. It was regarded as the first great talent agency in show business. One of his very first assignments was managing top-charting pop singer, actress, and vocalist Connie Francis at aged just 21 years old. He subsequently was employed in roles with CBS the American-English commercial broadcast television and radio network, and the American entertainment company Warner Bros. Entertainment Inc. – commonly known as Warner Bros. He is currently the president of Bruce Charet Productions, a company which he established in 2010.
Successful Media Endeavors
In Bruce’s time as a producer, he has become well known for his successes with animated features. He was a co-executive producer on Bigfoot Presents: Meteor and the Mighty Monster Trucks, an American-Canadian animated television series that ran from September 23, 2006 to October 11, 2008 on Discovery Kids. The show was based around the fictional adventures of trucks that had the personalities of young children. The show was so successful that in 2007 it was nominated for a Daytime Emmy Award in the Outstanding Special Class Animated Program category.A further significant production Bruce Charet was involved with was the Broadway-bound musical adaption of the Rat Pack film Robin and the 7 Hoods. The original 1964 gangster comedy, which starred Frank Sinatra, Dean Martin, and Sammy Davis Jr, is a take on the Robin Hood legend that is set in 1920’s Chicago. Bruce Charet took on the role of Executive Producer working alongside lyricist Sammy Cahn, composer James Van Heusen, and costume designer Gregg Barnes. The musical rendition differed from the original story in several notable ways, including being updated to the early 1960s. Bruce said of the musical, “The intersection of the sexual revolution and the Camelot years will come to life every night on our stage. That moment in time, which personifies ‘cool’ is at the heart of our show and, thankfully, we have the wonderful songs by Cahn and Van Heusen, which so eloquently express all that make that period unique.”
Bruce Charet: Work With The Friar’s Club
Alongside his TV, film, and theater commitments, Bruce has additionally served as Executive Producer of some of the more memorable Friars Club events. One such event that made show biz history honored the 100th birthday of the legendary Frank Sinatra. Frank himself was Abbot of the historic Friars Club from 1975-1996. It took place at the Pierre Hotel, and performers that stood up in front of the 400-strong audience included Dionne Warwick, Wayne Newton, Steve Tyrell, and Robert Davi.In addition to his career as a producer, Bruce is also actively committed to pro bono and charity work, much of which is done for the Friar’s club. However, he was also actively involved in the Jewish Historical Society Dinner Honorary Committee of 2016 and Homeward Bound Telethon of 2013.Overall, Bruce Charet has enjoyed an exciting and varied career tackling everything from management to involvement in the production of animations, films, and Broadway theater. His success has allowed him the opportunity to establish his own company and continue on in the role that he both enjoys so much and does so well.
Look, folks, if you have been paying attention in recent years, you’ll know that I am an advocate against some of the actions I have observed by the law firm of Skadden Arps. Indeed, after I saw, in my opinion, how they dominated the Chancery Court in the recent TransPerfect case, which made countless headlines from the procedures that took place in this Court over the past few years, I am simply amazed? It appears to me from the complaints I have received and the apparent incessant situation I have witnessed, that Skadden has possibly turned TransPerfect into their own monetary printing press! Outrageously, their billing of TransPerfect apparently continues to this day! I cannot understand this?
The Dover Post story below points out flaws in the Delaware courts and shows where change is needed. And chief among the offenders of this is the Skadden Arps firm, which, as I see it, is where these offenders learn their tradecraft and then move through the ranks of the Delaware Chancery Court and upper court system.
As an aside, Diversity Claims and Affirmative Action after years of it, are certainly not my priority, however, it is in the news and worth mentioning.
See the Dover Post story below for the changes being demanded at the Chancery Court.
Originally Published in the Dover Post: Jan. 15, 2020
Pastors and community members rallied outside Legislative Hall Jan. 15.
The Rev. Dale Dennis II of Hoyt Memorial C.M.E in Wilmington led a rally in Dover to advocate for more African American representation in Delaware’s courts. He said he is fighting for his young daughter.
“As a diverse state, we must begin to make sure that people can see themselves as the future and the right-now of America,” Dennis said.
He joined the Rev. Blaine Hackett of St. John Africa Methodist Church, the Rev. Alfred S. Parker Jr., president of Methodist Ministers’ Alliance, and several residents outside Legislative Hall as the Delaware Senate Executive Committee considered Paul Fioravanti Jr.’s nomination to the Court of Chancery Jan. 15.
Fioravanti’s nomination was later confirmed. He will replace Justice Tameeka Montgomery-Reeves who became the first African American judge on the state Supreme Court Jan. 3.
The Rev. Dale Dennis II of Hoyt Memorial C.M.E. led a rally outside Legislative Hall to advocate for African American representation in Delaware’s Courts Jan. 15. Community members and activists held signs outside Legislative hall as an executive committee considered Gov. John Carney’s nomination of Paul Fioravanti Jr. to the Court of Chancery. (PHOTOS: EMILY LYTLE)
“Paul’s litigation experience and judgment will serve our state well on the Court of Chancery, our country’s premier venue for corporate litigation,” Gov. John Carney said in a statement. “I want to thank members of the Delaware Senate for considering and confirming his nomination.”
Hackett believes there needs to be a greater African American presence to speak up for the more than 60% of Delaware’s prison population that is black.
“Black folk, we are being pushed farther under the totem pole,” Hackett said. “We’re out here shedding our blood. We’re out here being beat and incarcerated at levels like no other race. And yet nobody is fighting our cause, championing our cause, very few.”
Four of the 34 justices who serve on the three highest courts in Delaware are people of color.
The rally came after civil rights activist the Rev. Al Sharpton was denied the opportunity to testify about diversity in the state’s courts at the hearing. He has visited Delaware to talk about this over the past several months and wrote to law firm Skadden Arps, calling for elite firms to do their part in advancing people of color in the legal industry.
“To say that I am disappointed I was denied the opportunity to testify before the Delaware State Senate on the matter of [Mr. Fioravanti’s] confirmation would be an understatement,” Sharpton said in a separate statement released to Delaware Business Now. “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.”
Representatives from Citizens for a Pro-Business Delaware attended the rally and supported the leading pastors.
“It’s disappointing the Senate chose not to hear from Reverend Sharpton, whose moral credibility on issues of racial justice is beyond question, but today’s rally showed just how important this issue is to countless Delawareans,” said Chris Coffey, campaign manager for Citizens for a Pro-Business Delaware.
Dennis said this is a change that cannot wait.
“We must continue to make sure that when our children look at our courts, our children see people who look like them and remind them of what their future can be and allow them to know that they can overcome any obstacle and they can achieve anything in the great United States of America,” Dennis said. “But, it starts with us holding our feet to the fire to say that it is absolutely important for us to make sure that our courts are diverse. And it’s time for diversity now.”
I was eagerly watching the college football national championship game this week. I’m a big fan and have traveled far-and-wide to see Delaware’s team play over the years. While watching the game, I thought about next season and couldn’t help but feel happy for the folks over at TransPerfect. The company — almost disbanded by Andre Bouchard’s Chancery Court — will take a victory lap of sorts.
Next year, TransPerfect will begin sponsoring a Top 10 College Football Bowl Game, “The Music City Bowl”in Nashville, Tennesse. The game will see a Southeastern Conference (SEC) team take on a Big 10 Conference team, in what should be a strong matchup. If you’re going to put your company’s hard-earned money on the line, this is the way to spend it, rather than spending millions on Skadden Arps’ billings, which continue to this day, to the tune of nearly six figures, on average, each month.
In my opinion, it’s shameful how Skadden Arps is raiding the corporate coffers over at TransPerfect. The company has to pay the bills without seeing them. No itemization. Nothing. Everything’s hidden like it’s Russia. How these bills continue to this day, nearly two years after the case has been closed, is beyond me! That must be maddening for CEO Phil Shawe, CFO Steve Tondera and the other executives at TransPerfect.
Last year in Wilmington, I was able to meet some of the executives and employees of this privately-held, fast-growing company. The group’s energy and enthusiasm was that of a company far younger than its almost three decades in business. After everything they’ve been through at TransPerfect, with, as I see it, Bouchard and Skadden Arps, raking them over the coals, this festive bowl sponsorship and the accolades that go along with it couldn’t be happening to a more well-deserving group of people.
As I look to the coming year, it’s heartening to see good things coming for TransPerfect, despite being treated so poorly by Bouchard, Skadden, and, in my view, some of our weak-in-the-knees Delaware legislators, who should be putting politics aside and making the needed law changes. Even well-known Reverend Al Sharpton has noticed something rotten at Skadden, writing a letter last week criticizing them for lack of diversity, especially in their Wilmington office!
As always your comments are welcome and appreciated.
How ridiculous is this? See the nutty story below for a story that’s not to be believed! It appears to me that the people at Skadden Arps are trying to blame TransPerfect because this law firm has too few attorneys of color in their Wilmington office. I wonder how ignorant Skadden and their former workers Andre Bouchard and Robert Pincus think the pubic is?
The TransPerfect case is still sealed up, two years after it ended and Skadden is still billing them! In my educated opinion, folks, this appears to be an attempt to hide and to divert attention away from their endless money-grab from this company by saying that TransPerfect is somehow responsible for Skadden having not being diverse enough? I don’t understand what’s up with the incessant billing, nor can I get an explanation from anybody on why it is still going on?
Look, at the end of the day, I’m an old guy set in my ways and diversity is not on my agenda of problems to solve in the world. I believe that you hire the person you feel is best suited for the job, regardless of color, race, religion or sexual orientation. As I see it, everyone should be somewhat suspicious of Skadden Arps and those Limousine Liberals that cruise around our justice system.
I’ve been watching this BS for a few years now and in my opinion, it seems they do not NOT value what they say they value. So whether it’s the non-stop money faucet from this company or playing favorites with former Skadden folks, who have moved on to positions of power in the Delaware court system, or it’s diversity in their own workplace, these guys, in my view, are not upfront.
What’s good for these guys is what’s good for them and no one else, as far as I’m concerned. They have a not-so-great track-record, not just in the U.S., but around the world. You think they’re worried about diversity in Delaware? I think they’re worried about money and cronyistic behavior. In my opinion, they’re counting on no one peeking too hard in on little-ole Delaware, while they have their way with court appointments, finances and running the show from Wilmington to Dover and everywhere in between??
I’ve been keenly aware of Skadden Arps because many of its former and current employees were involved in the TransPerfect case, which I have written about over the past few years. This law firm once employed Chancery Court Chancellor Andre Bouchard and former Chief Justice of the Delaware Supreme Court Leo Strine and of course the court-appointed custodian in the case, Robert Pincus.
The firm has doubled-down on that arrogance, in my opinion, by going after advocacy group Citizens for Pro-Business Delaware, after being faced with racism allegations from Reverend Al Sharpton last week. For the record, I can’t stand Al Sharpton! Regardless, Skadden issued a statement saying, while they are open to addressing “this systemic issue,” and they “reject attempts by Citizens for a Pro-Business Delaware” the statement says, “a group comprised primarily of employees of TransPerfect—to co-opt the conversation of diversity and inclusion in Delaware as a means to further their vendetta against our firm and former partner, who we represent in his capacity as the court-appointed custodian who oversaw the sale of TransPerfect.”
So, in my view, they cast blame and accuse wrongdoing while not taking on any blame or admitting any wrongdoing on their part. How about taking responsibility?
The Citizens group fought back, you’ll see in the story below. As far as Skadden is concerned, in my view, this is all shameful. Frankly , this diversity crap is ridiculous from both sides. I have felt that TransPerfect, Philip Shawe, and his mother Shirley Shawe all got a raw deal. Considering the conflicts of interest and in my view, continuing appearances of impropriety, is the real rub here!
“It’s not shocking in the least that the same firm responsible for suppressing the voices of those advocating for basic human rights in Ukraine would now shift its focus towards slinging mud at a 5,000-member grassroots organization seeking to improve diversity in the historically white and male Delaware court system. We spent over $1 million advocating for diversity in Delaware last year. What have they done?
Instead of addressing the fact that out of 72 lawyers in Delaware, Skadden has barely a handful of African American lawyers in a state that’s almost 30% black. Meanwhile, despite hollow promises to change their legacy on this, and be ‘steadfast in their efforts to build a diverse workforce,’ just one of their summer associates in Delaware – home to the nation’s busiest corporate courts – was black.
Skadden should take a long look at themselves and what they can do to be better, more honest, and more inclusive leaders in the legal community before throwing mud at those trying to break the status quo. It’s 2020 and it’s time legal industry leaders like Skadden Arps acted like it.”
OPINION
Folks,
I consider myself a reasonable man who has enjoyed an upper middle class life. I am a well educated man, having gone to a private high school, achieved a Bachelors Degree and a Masters Degree from the University of Delaware. Indeed I am very experienced in politics, having been a Republican District leader, an elected official, a candidate, a lobbyist, a campaign manager, political consultant, and now a political pundit. I know the game very well.
That being said, I have never in my life experienced the absolute hatred and vitriol that comes from the liberal left. The complete lack of logic is beyond belief? I thought Obama was one of the worst Presidents in United States history, but never did I or my fellow Republicans ever disrespect the office of the Presidency to the extreme level that the media and the elected Democrat Congressmen and Senators have gone in attacking President Trump. Frankly it is disgraceful and I certainly am not going to take it any more. I am also concerned about violence. Don’t ever pull a hat off my head or ask me to leave a restaurant, or bother me in public. If you do all hell will break lose ! Since when do you get to mess with my 1st Amendment rights of free speech ? For the record, Facebook staff actually compromised me on my writings in this organization. Outrageous is the only word that comes to mind. When the truth is actually presented, the democrat left ignores it and then lies!! There is no logic in the Democrat party anymore and that is a fact ! OPEN BORDERS, INCREASED TAXES, SANCTUARY CITIES-DISGRACEFUL!
Let us look at some absolute documented realities that I can prove right now and if anybody is still around that is a left wing Democrat who is willing to look at the facts and can present a logical argument, I would love to hear it. Here are some facts: 1) Former head of the FBI , James Comey presented and signed off as verified, the “Steele Dossier” which was never verified and was paid for by Hilliary Clinton. 2) An FBI lawyer actually changed an e-mail so it appeared as if Carter Page was not working for the CIA, when in fact he was. 3) FBI agents Stryk and McCabe along with Lisa Page conspired to create this false scenario. The Mueller investigation, which cost the American Tax Payers 25 million dollars, was a complete witch- hunt based on false information. THIS HAS BEEN PROVEN. 3) The Impeachment deal is also false, propagated by Adam Schiff, and there is no verified evidence, Trump will be exonerated in the Senate. 4) Nancy Pelosi is holding up the “Articles of Impeachment”. This goes against the constitution. The House has the responsibility to gather the evidence. It is not the Senate’s responsibility. The Senate conducts the trial according to its rules. Absurdity beyond belief ! ALL facts Folks !
Finally, let us look at the killing of Iranian General and designated Terrorist (by Obama) Soloimani. He is 100% directly responsible for the killing of 600 American troops and the wounding of hundreds more. He is directly responsible for the attack on the American Embassy in Iraq. He was planning more vicious attacks against American interests which was verified by our intelligence agencies. He was seen in the crowd for God sake. He deserved to be killed. THANK GOD FOR DONALD TRUMP. This action has actually saved American lives. I can argue that very well. You would think that the Democrats supported this malicious and dangerous fanatic the way they are acting. The only effective way to deal with these horrible nut cases is to fight fire with fire. They kill one American, we kill 25 of them.
Enough said for now. More coming. I am going to enjoy the devastation of the Democrat Party which seems to be led by the nose by the most ignorant, ridiculous human being in the world- Congress- Woman Acasio Cortex ! LOL, LOL ,LOL ! What a joke!
Bring it on folks, I am your Huckleberry. I have got the facts and the guts to fight for my President and destroy completely your absurd, dishonest, and insipid vocal renderings. I am dedicating myself right now to the removal from office every House Democrat and the re-election of Donald Trump as the best President in American history !
Not Respectfully Submitted,
JUDSON Bennett-Coastal Network
I have written extensively about the TransPerfect case, how it was adjudicated, appearances of impropriety and conflicts of interest that I clearly perceive to exist, and the apparent, and in my view, incestuous situation that has developed over the years in Delaware’s “Good Ole Boy” legal system, seemingly protected by the Delaware Bar Association and the Legislature alike.
I have even written an article about what I think a good Delaware Judge should be like and the qualifications needed to be fair and effective. Frankly, I do not think Andre Bouchard should be a Chancellor, nor should Leo Strine have been a Chief Justice of the Supreme Court. For the record, Bouchard and Strine were former business partners in the infamous Skadden Arps firm. One thing for sure, the job of any Judge whether in Delaware or elsewhere is to be fair and impartial. Anything less than that is a form of corruption in my opinion. Never should lawyers, who are friends and former business partners of the presiding Judge, be allowed to enrich themselves through litigation and biased rulings.
That is what I think happened in the TransPerfect case and it is still going on: The purpose of Delaware’s Chancery Court is to dispense equity and fairness, never to enhance those who are or have been personally connected to the Judge. Similarly, Delaware’s Supreme Court, where appeals are considered is also supposed to be unbiased with the recusal of Justices who have possible conflicts of interest. Indeed, I have concluded that conflicts of interest from what I have observed in the TransPerfect case both in the Chancery and in the Delaware Supreme Court might actually exist.
Having observed what I believe are Andre Bouchard’s appearances of impropriety as Delaware’s Chancellor, I was struck and dismayed by the arrogance and rudeness exhibited by Chief Justice Strine in his treatment of esteemed litigator Alan Dershowitz, who was representing Shirley Shawe in the TransPerfect appeal. The upholding of Bouchard’s subjective ruling by Strine et al was flawed in my view and was seemingly an obvious rubber stamp for Bouchard’s unprecedented sanctions and biased rulings. Justice Karen Valihura in her dissent called the Chancery Court’s ruling an illegal “Taking” under the 5th amendment. Regardless, I was concerned by Strine’s apparent superior attitude and in my view pompous administration of his position.
What constitutes conflicts of interest and the need for recusal by the Judge in any legal proceeding? From the National Legal Institute, I was able to glean the following: 1) Any justice, judge, or magistrate shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. 2) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding. 3) Where in private practice, he served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law and served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it. 4) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.
I was recently contacted by Mr. James Martin, who was once a New Jersey lawyer. He apparently became a victim of an accident while riding his bike, lost his cases in lower courts and claims he was unable to appeal, because of Leo Strine’s conflicts of interest and failure to legally recuse himself. I interviewed Mr. Martin and to be absolutely sure to present his complaint accurately I insisted he give me his story in writing which I have preserved and documented in my archives.
According to Martin, to put it simply, Leo Strine failed to recuse himself when he should have, due to the fact that when he was serving as a government lawyer for then-Governor Carper, there were apparently overlapping issues involving the request for paneling temporary jurists to hear his appeal, because the official justices had already recused themselves. As I understand it, Martin feels that Strine prevented that from happening, creating an ongoing conflict of interest later on, when his appeal was tabled by Strine who refused to recuse himself when presented with absolute documentation of the legal grounds for his recusal. Mr. Martin sent me Strine’s official comment: “Indeed, I had no recollection of the 1996 correspondence until Mr. Martin’s motion brought it up, and even reviewing the letter [which bears my signature] now did not restore any memory of it. I am therefore satisfied that I can hear this matter free of bias.”
Well, folks, I say why not recuse himself and give Martin the benefit of any doubt?? The law is clear in that if there is any possible disparity or doubt, the Judge should recuse. Not Strine, who chose instead to be an ongoing negative force in Martin’s life. In the most recent case, Mr. Martin renewed the Motion to Recuse CJ Strine while he was active earlier this year on the Supreme Court of Delaware. He issued no decision on the Motion, even though it was filed within a few days after the appeal was docketed, and before any briefing. Instead, the case was closed, and the issue about whether a Motion to Recuse may be disregarded, without abridging a party’s due process, constitutional right, is currently docketed in the Supreme Court, at “No. 19-674.”
Folks, the bottom line is, according to James Martin, and if his forwards to me are accurate, Leo Strine had a duty to recuse himself. Indeed, by not doing so he created an unworthy and unjust situation for James Martin. Interestingly, this case is still before the Delaware Supreme Court and it is my understanding there is no statute of limitations. It is also my understanding that this case is in the Guinness Book of World Records as the longest pending case in U.S. history? The bottom line here is that a man who was entitled to a fair hearing and a fair appeal apparently did not get one? Strine, in his apparent arrogance, if indeed Mr. Martin is correct in his claims, did not allocate proper justice.
Leo Strine has recently resigned from the Supreme Court, six years before his term is up. Perhaps, all things considered, it was for the best and I say good riddance. I would be happy to see Andre Bouchard depart as Chancellor as well. As for Mr. Martin, good luck with your pending appeal. Maybe under Chief Justice Seitz, you will receive your long-awaited equity.
As always your comments are welcome and appreciated.
I’ve been thinking about one wish I’d like to have come true during the new year: The possibility of corruption has to be prevented! The way I see it — and the way anyone looking at it should see it is this — Chancery Court Chancellor Andre Bouchard seems to be basically paying Skadden Arps right under everyone’s nose.
The appearance of those in power paying off their friends, using the power of the court, must stop! This is Bouchard’s former law firm. His best friends work there. Folks, how is it possible that we have a system in place that allows this?
In the TransPerfect case, $43 million has now been billed to TransPerfect. Skadden Arps, with the Chancery Court’s approval, continues somehow to take money from one of the most successful companies in America and funnel it into their coffers. If anyone cannot see this as I do — how truly suspect this system is — then they’re not looking. Believe me, I have been looking very closely for years now!
Even though TransPerfect took a major step by incorporating in Nevada and getting out of suspect Delaware, they somehow still can’t get away from this non-stop billing, sanctioned by Bouchard’s Chancery Court. I frankly do not understand how this is able to happen? Perhaps one of the legislators who are allowing this to continue could explain it to me?
I’ve spoken with people in the accounting department at TransPerfect and it is truly amazing what is happening! The bills from Skadden Arps that are coming through are incredible, and they are sanctioned and allowed by Bouchard! Such blasphemy! There apparently is no explanation for exactly what the work was that was being invoiced?! This stinks to high heaven! If you think the problem has somehow disappeared in the Chancery Court, I’m here to tell you, folks, think again. It continues. Unabated.
That is why I’m imploring those in power to take a real look, a serious look at what can be done to reign in the power of the Chancery Court and Andre Bouchard. This power has created, in my view, innumerable appearances of impropriety that make me wonder about real corruption.
Folks, just because Bouchard has gone quiet, in Delaware by using his power to seal proceedings and place gag orders on TransPerfect’s attorneys. according to my reliable sources, the incessant billing from Skadden Arps, which his court has allowed and enabled — apparently has not stopped!! Is this proper conduct by a Chancellor who is supposed to dispense equity??
Let’s stop this irregular activity, these suspicious actions — which appear to me to be outright corruption — in their tracks! If we do nothing else in 2020, let us make this our goal! Led by courageous legislators, who care about real equity, a change in the law to prevent abuse of power in the Chancery Court can and should be accomplished. Call your legislators; demand action!
Bouchard and his cronies Bob Pincus and Skadden Arps are apparently the perpetual Grinches who in my view, after closely observing every detail of this case from the beginning, seem to be robbing TransPerfect employees of their year-end raises and bonus — for over 5 years!!! — and it continues 2 years after the case!!
Do you see how bad this appearance of impropriety is, folks?! Please reach out and let me know your thoughts.
Best regards,
Judson Bennett-Coastal Network
OPINION
TransPerfect Sponsors Major College Football Bowl Game and CEO Phil Shawe Awarded Key to the City of Nashville by Mayor and Tennessee Governor
Dear friends,
Remember the $750 million company with 6,000 employees that Chancellor Bouchard nearly single-handedly disbanded?
That same company is now sponsoring The TransPerfect Music City Bowl. Take that, Bouchard! I wonder if this breaks the speed record for companies who have been dissolved by a suspect Chancellor for dysfunction — to now be sponsoring a major college football bowl game?!
Looking back, in my opinion, it looks like Bouchard, through his subjective rulings, milked and seemingly caused upwards of $250 million to be taken from this successful company.
So outrageous, folks! Once again, I call upon the Delaware General Assembly to investigate this — and Skadden Arps billings in particular — as the Chancellor is apparently a notorious Skadden Arps alumnus and supporter.
Better for this company to spend its money as it wishes, not as Bouchard wishes. That’s capitalism at work. I congratulate TransPerfect and CEO Philip Shawe for this exciting news. I’m a big college football fan, and you can bet I’ll be watching!
Quite a moment for the employees and the CEO of this great American success story that were and are still, in my opinion, being taken to the cleaners by Bouchard and his Good Ole Boy Delaware cronies. Credit to Nevada and Tennessee for embracing TransPerfect and treating its workers well.
Please see the Crain’s New York story below and just so you know, the company was also written up in USA Today with an Associated Press story and many other publications about this banner day for TransPerfect and its employees!
I am happy to keep the good news coming this holiday season!
TransPerfect to be first New York company to put name to college bowl game
AARON ELSTEIN
Senior Reporter – Finance
Boldly going where no New York company has gone before, TransPerfect announced yesterday it will put its name in front of a college football bowl game in Nashville. Next year’s matchup will be known as the TransPerfect Music City Bowl.
“Anyone who knows our company knows that our philosophy is deeply rooted in competition, drive and winning for our clients, our vendors and our employees alike,” said TransPerfect CEO Phil Shawe, a college football fan and alumnus of the University of Florida, home of the Gators.
TransPerfect, which isn’t well-known except to readers of Crain’s, is the nation’s largest translation-services company and sports a fierce history that reads like a white-collar version of Game of Thrones. TransPerfect has 6,000 employees and says 19 of its offices around the country are located within 100 miles of a Big 10 or SEC school.
It may not be apparent how sponsoring a bowl game will generate business for TransPerfect, but anyone watching the game will surely see the company’s logo every few minutes.
College bowl games have carried sponsor names for many years, as can be attested by anyone watching the Chick-fil-A Peach Bowl, TaxSlayer.com Gator Bowl, Meinecke Car Care Bowl or even the Beef ‘O’ Brady’s Bowl. While the Pinstripe Bowl has been held in Yankee Stadium for a few years, New York companies have been mostly unenthusiastic about this sort of advertising, perhaps because the game is less popular here than in the South and Midwest.
For a few years the annual mauling of Big 10 teams in sunny Pasadena, Calif., was known as the Rose Bowl Game Presented by Citi, but the bank has since yielded to insurer Northwestern Mutual.
A 2015 study in the Journal of Sports Economics showed companies spend $100 million annually putting their names on college bowl games. “A cross-sectional analysis of changes in firm stock prices relative to corporate and bowl characteristics reveals that markets view sponsorships by large and high-tech firms negatively and major bowls positively,” the authors found.
TransPerfect doesn’t have to worry about the Music City Bowl tarnishing its stock price over its six-year sponsorship. The company is privately held.
OPINION
U.S. Supreme Court Will Hear Delaware Court Case
on Judicial Balance in 2020
Dear friends,
As your watchdog over Delaware Courts, especially all of the wrongdoings, I have noted many of what I’ve seen as injustices in our Chancery Court under the control of Chancery Court Chancellor Andre Bouchard. I found much of Bouchard’s actions in his control over the Register of Wills office to be extremely partisan, and his adjudication of the TransPerfect case to be quite subjective.
I’ll be watching closely a case that will be heard by the U.S. Supreme Court in 2020: It’s about judicial balance in Delaware courts. The bottom line is that the current law says the balance of the Courts that require multiple judges cannot be more than half of either Democrats or Republicans.
Well, folks, James Adams, who is an Independent, wants to be considered for a judgeship. Under the law, he can’t be. He took the case to the Third U.S. Circuit Court of Appeals and won. Now Delaware’s Governor John Carney is appealing the decision to the U.S. Supreme Court.
In my view, it is unconstitutional to make it the law that you have to be a member of a certain party to be appointed as a Delaware judge. The Third Circuit court quotes the Delaware Code of Judicial Conduct, which requires state judges to be “unswayed by partisan interests.” It also quotes the Delaware Supreme Court, which has said that state judges “must take the law as they find it, and their personal predilections as to what the law should be, have no place in efforts to override properly stated legislative will.”
Therefore, it stands to reason, that to require an applicant to either be a Republican or a Democrat is unfair and should be rightfully changed. Like all-partisan Democrats, Governor Carney is in control of a true-blue state, entrenched with liberal ideas and fanatical control issues involving a justice system that in my view is an incestuous arrangement subject to various appearances of impropriety and partisan decisions. I truly hope the United States Supreme Court, in its wisdom, upholds Mr. Adam’s case, as upheld in the Third Circuit, and denies Governor Carney’s appeal.
As always your thoughts on this matter are important and I would appreciate hearing from you about it. Please scroll down and read the article below from Reuters.
U.S. Supreme Court to Decide on Delaware
Appointing Judges Based on Political Party
By Lawrence Hurley | December 9, 2019
The U.S. Supreme Court on Friday agreed to decide whether the state of Delaware’s system of requiring ideologically balanced courts is lawful.
The nine justices will hear the state’s appeal of an April ruling by the Philadelphia-based 3rd U.S. Circuit Court of Appeals in favor of challenger James Adams.
Adams, who wants to apply to be a judge, claims that his right to free association under the First Amendment to the U.S. Constitution was violated by the restrictions, which stipulate that no more than half of the judges on certain benches can be affiliated with one political party.
Adams, who is not a Republican or a Democrat, concluded that he could not apply to an advertised position because it required the candidate to be a Republican. In effect, only Republicans or Democrats can become judges in Delaware, Adams’ lawyers say.
Delaware courts play an outsized role in judicial matters in the United States, having a good reputation within the business community for resolving corporate disputes.
The law requires that no more than half of the judges on the state Supreme Court, the Court of Chancery – which hears shareholder disputes – and the Superior Court can be affiliated with one particular political party.
It also requires that Delaware judges have to be affiliated with one of the two major political parties in the state. Since 1978, the governor appoints judges recommended by judicial nominating commissions.
Adams says the Delaware law violates the First Amendment based on Supreme Court precedents that say the government cannot take party affiliation into account when hiring people.
In court papers, Delaware Governor John Carney, a Democrat, argues that judges are effectively policymakers and therefore the governor can take their political affiliations into account when hiring them.
The Supreme Court will issue a ruling by the end of June.
(Reporting by Lawrence Hurley, Editing by Rosalba O’Brien)
OPINION
Dear Friends,
Before proceeding to the point of this article, it is necessary to provide some explanation as to how and why I think the way I do, hopefully, to establish extensive credence to this dissertation. I have been an active political pundit and operative for many years. I consider myself a reasonable man with an educated understanding of the law and the political process. I would consider myself a social moderate and a fiscal conservative if indeed I was to be categorized in some way. I pride myself on doing extensive research on the things I write about and I do my best to share my opinions based on the logic and history that I have gleaned, relative to the specific situation.
Frankly, folks, I thought I had seen it all both nationally and in my home state of Delaware, however, the lack of logic, the rush to judgment, the absurd endeavors of certain powerful people in the Democrat party and some appointed to omnipotent positions (prosecutors, Judges, lawyers, surrounded by conflicts of interest) who clearly, in my view, intentionally corrupt the system even within a democracy, simply because they can, especially when they are legally protected by layers of a huge bureaucracy tainted by complacency and cronyism.
I believe many of these same people, if they were allowed to operate with power and impunity under a different political system, such as socialism/communism, a monarchy, or a malevolent dictatorship, would take that authority to another whole level, using incarceration, torture, and execution as tools to maintain their control and power. Throughout history, this has happened in all nations. Indeed corruption and injustice continue to happen, and yes I believe it is happening again right now nationally in this absurd impeachment process.
This all being said, and admitting that I am a Republican, I must say that political partisanship has gone to a whole other level within the leadership of the Democrat party, where I have clearly witnessed acute bias, fanatical theories, extreme hatred, obvious prevarication, arrogance, inequities, and injustice.
Now let’s briefly move to the national scene where Democrat bias is beyond belief. This impeachment of President Donald Trump is unprecedented in American history. This is pure corruption, right in your face. Intelligence Committee Chairman Adam Schiff and Judicial Chairman Nadler are without a doubt the most corrupt, unfair, unscrupulous idiots I have ever witnessed in my entire life. Folks in any congressional investigation, public hearings, and so on, both sides are to be afforded equal opportunities under the law. Every motion, every question by one side should be openly considered and provided equally, especially in the process of impeaching the President of the United States.
The Democrats are railroading President Trump based on hearsay, presumptions, and political bias. It is so obvious to any objective observer it is pathetic. Not only that, when a former Vice President (Joe Biden) extorts the firing of a Ukrainian prosecutor who was investigating his son in return for receiving a billion dollars in aid, is truly an illegal “Quid Pro Quo” situation. Trump had every right to ask for an investigation of this apparent corruption.” Ah, but the Democrats are using their position of being in control of the house to organize a coup to unseat a duly elected President of the United States by 63 million people.
Folks, I don’t know where it will all end up in the long run. I have many Democrat friends who are shocked and appalled by the unfair way this impeachment situation has been handled. Unfortunately, I see that the Democrat party has lost its way, and has become tainted with a lack of honesty, integrity, and reality. As a result, I believe Trump will be vindicated by the Senate and will go on to win the Presidency again by a landslide in the electoral college. Likewise, both houses of congress will be taken over again by the Republicans, giving American citizens the real opportunity for continued prosperity for years to come.
As ALWAYS, your comments are welcome and appreciated. I imagine I may get some heat on this one. Bring it on.
Best regards,
JUDSON Bennett-Coastal Network
OPINION
Dear friends,
My email inbox was awash with responses from my recent piece “Another Bizarre Ruling From Andre Bouchard’s Chancery Court” and I am so grateful for your feedback. I wanted to share some of your top pieces of feedback below.
It’s gratifying to know so many of you take the time to support my coverage of wrongdoings in Delaware and Andre Bouchard’s Chancery Court.
Your feedback:
From Ken:
Bouchard is totally out of control. The Delaware Judicial system is an incestuous quagmire run by corrupt people. Keep up the great work.
From Kelly:
Terrible that we have to wonder about our Judges?!
From Maria:
Mr. Bennett, Thank you for the service you do for Delaware. We enjoy your articles.
Glad Seitz got the Supreme Court Justice job and not Bouchard! Hopefully, things will get better.
From Andrew:
It just keeps on happening. Bouchard has got to go!
From Barbara:
Time for change. Hopefully, the Republicans can regain power in the Legislature in 2020. Probably a pipe dream. Something is wrong with the system when there is a question about judicial integrity!
From Mike H.:
This is a truly a bizarre ruling! Bouchard is off the wall and should be off the Court!
From Paul:
Frankly, I think this cozy situation between the Skadden Arps law firm, the State Bar Association, members of the legislature, and the members of the Judiciary is a swamp that smells to high heaven. Whether intentional or not, this development has occurred over time and needs to be changed. Regardless, as long as the Democrats control Delaware, it won’t change! Keep up the good work.
From David:
I wonder how these idiots can justify their existence? Hope you had a happy Thanksgiving!
From Matt:
Judson, These Judges must hate you. I must say, you have developed over the past 2 years quite a scenario. I was extremely skeptical about this TransPerfect situation. However, you have made a believer out of me. Bouchard has got to go. Pure Absurdity!
From John:
This is outrageous, it seems as if Bouchard is turning contract law and corporate law in Delaware into anarchy and confusion and then the Delaware Supreme Court upholds it? Delaware used to be the best of the 50, no more. Shame!
From Mike C.:
Great work Jud. You should get a Pulitzer for your work on this. What an amazing expose of a case that you have been covering for a long time. I don’t write very often, however, just wanted to give you some kudos.
From Carol:
Judson, Apparently, considering Bouchard’s rulings, it seems that a majority stockholder can act contrary to the rules and the go back and change the rules so he/she can justify their illegal actions? This is crazy, And the Supreme Court upheld it? I am appalled. You have made us aware of these innumerable improprieties by Andre Bouchard. He needs to be investigated! Thanks for providing us with this fascinating stuff.
Thank you all for your comments both by email and on Facebook. Keep ’em coming! Rest assured, I’ll keep you tuned into the latest injustice as it happens!
Who is Hunter Biden? He is the son of Joe Biden the former vice President of the United States. He was kicked out of the navy for cocaine use. He was, according to public sources, apparently a crack addict. The negative stories about this guy are terrible. Yet, despite these problems, he was appointed to the board of a Ukrainian energy company and received $80,000 per month for doing nothing! His father was assigned the job of dealing with the Ukrainian government and dispensing aid. This corrupt company was being investigated by the Ukraine Attorney General. Biden tells the President of Ukraine to fire the prosecutor who was investigating his son or they would not get one billion dollars in aid.
Well folks, the AG was fired, and the Ukraine got the billion dollars! Biden went on national television and bragged as follows: “I told them I was leaving in 6 hours and if the prosecutor was not fired, the billion would not be given. Well, son of a bitch, they fired him!” He neglected to say his son was on the board during that interview.
Folks, I ask two simple questions, is it the policy of the United States government to tell another government who they can hire and fire in regard to their justice system? Is it the policy of the US to make financial aid conditional on that, especially if one’s own son is on the board of the company being investigated? The answer to both questions is a resounding NO !!!
So folks, for all intents and purposes, this appears to be influence peddling, extortion, bribery, and a clear “Quid Pro Quo”.
ALL THIS BEING SAID–Joe Biden’s son is not entitled to immunity just because he is the Vice President’s son. Likewise, Joe Biden is not entitled to immunity because he was once the Vice President of the United States or because he is running for President of the United States. So far, they have been protected by the Obama administration and by the press. NOT ANYMORE FOLKS!
The President of the United States, Donald Trump is being impeached by the Democrat-controlled House of Representatives for asking the new President of the Ukraine to look into this suspicious Biden activity, especially with the insidious reputation the Ukraine has for corruption. The President has every right to ask for this to be done. He didn’t demand it , he asked it as a favor.
Furthermore, the military aid for the Ukraine which Trump actually got appropriated by Congress was never part of the deal. It was distributed well within the legally required deadline. There was no “Quid Pro Quo”. The President is totally innocent.
There is no direct evidence of any wrongdoing. There is conjecture, presumption, even misrepresentation by certain diplomats who do not agree with Trump’s new policies and by academic liberals who have total bias against our President. There is absolutely no legal grounds for impeachment. What is happening here is an intrinsically evil, malicious, and false attempt to overthrow an elected President for purely political reasons using what they think he did instead of proving it. Trump will be exonerated in the Senate.
What is happening folks is a travesty and it will be corrected by we the people. Just wait!
Respectfully submitted,
JUDSON Bennett-Coastal Network
My email inbox was awash with responses from my recent piece “Another Bizarre Ruling From Andre Bouchard’s Chancery Court” and I am so grateful for your feedback. I wanted to share some of your top pieces of feedback below.
It’s gratifying to know so many of you take the time to support my coverage of wrongdoings in Delaware and Andre Bouchard’s Chancery Court.
FEEDBACK
From Ken:
Bouchard is totally out of control.
The Delaware Judicial system is an incestuous quagmire run by corrupt people.
Keep up the great work.
From Kelly:
Terrible that we have to wonder about our Judges?!
From Maria:
Mr. Bennett, Thank you for the service you do for Delaware. We enjoy your articles.
Glad Seitz got the Supreme Court Justice job and not Bouchard! Hopefully, things will get better.
From Andrew:
It just keeps on happening. Bouchard has got to go!
From Barbara:
Time for change. Hopefully, the Republicans can regain power in the Legislature in 2020. Probably a pipe dream. Something is wrong with the system when there is a question about judicial integrity!
From Mike H.:
This is a truly a bizarre ruling! Bouchard is off the wall and should be off the Court!
From Paul:
Frankly, I think this cozy situation between the Skadden Arps law firm, the State Bar Association, members of the legislature, and the members of the Judiciary is a swamp that smells to high heaven. Whether intentional or not, this development has occurred over time and needs to be changed. Regardless, as long as the Democrats control Delaware, it won’t change!
Keep up the good work.
From David:
I wonder how these idiots can justify their existence? Hope you had a happy Thanksgiving!
From Matt:
Judson, These Judges must hate you. I must say, you have developed over the past 2 years quite a scenario. I was extremely skeptical about this TransPerfect situation. However, you have made a believer out of me. Bouchard has got to go. Pure Absurdity!
From John:
This is outrageous, it seems as if Bouchard is turning contract law and corporate law in Delaware into anarchy and confusion and then the Delaware Supreme Court upholds it? Delaware used to be the best of the 50, no more. Shame!
From Mike C.:
Great work Jud. You should get a Pulitzer for your work on this. What an amazing expose of a case that you have been covering for a long time. I don’t write very often, however, just wanted to give you some kudos.
From Carol:
Judson, Apparently, considering Bouchard’s rulings, it seems that a majority stockholder can act contrary to the rules and the go back and change the rules so he/she can justify their illegal actions? This is crazy, And the Supreme Court upheld it? I am appalled. You have made us aware of these innumerable improprieties by Andre Bouchard. He needs to be investigated! Thanks for providing us with this fascinating stuff.
Thank you all for your comments both by email and on Facebook. Keep ’em coming! Rest assured, I’ll keep you tuned into the latest injustice as it happens!
OPINION
Dear Friends,
After experiencing who I view as the worst Chancellor in Delaware history, Andre Bouchard, in his oversight of the Register of Wills office, not to mention his mishandling of the TransPerfect case with innumerable appearances of impropriety, clear bias, and irreconcilable damage done to Delaware’s credibility nationally concerning Delaware’s famous Court of Chancery.
This once revered Court of Equity was the reason why a majority of Fortune 500 companies chose to incorporate in Delaware, and the court was also a reason to stir Delaware pride in even the most jaded Delawarian. Bouchard has practically wrecked this court, in my opinion, and various corporations and many LLCs are choosing to relocate or incorporate elsewhere.
With that in mind, I’ve reflected on what would make a good Chancellor when it’s time to appoint a new one. Let’s start with the simple things first and focus on a few items that would be the opposite of Bouchard: 1> The new Chancellor should relate to regular Delawareans, not drive a Bentley or a Rolls Royce. 2> The new Chancellor would not hire people from his previous law firm on a case he’s overseeing. 3> The new Chancellor would actually have even one day of experience being a judge in any court, before being appointed to run the preeminent Equity Court in the U.S.A.
I also thought about previous Chancellors and how they were as they administered their duties. One ideal person comes to mind: Former Superior Court Judge and former Chancellor William Chandler. Bill Chandler is a true gentleman. Unlike Bouchard, who is from Canada, he was born and raised in Sussex County, Delaware and loves his lower Delaware Community, appreciates his state and its traditions. Being an environmentalist and possible pantheist, he wrote a fabulous book describing his home and the beauty of Black Creek, a charming stream that meanders in the lower part of our state.
This man has an aesthetic sense about him combined with a brilliant understanding of decided law. Chandler, while Chancellor, exercised an extreme propensity above all else to achieve fairness and equity. Bill Chandler was never political, unlike Bouchard who is a Democrat hack in my opinion. Bill Chandler’s decisions were based on law and were never subjective or punitive, as are many of Bouchard’s arrogant and subjective renderings, as I see them. Never would Bill Chandler enrich his friends by providing situations that would benefit lawyers rather than the litigants who were looking for true justice and fairness by going to Delaware’s Court of Chancery. Yes, folks, Bill Chandler was the real deal and he was how a Chancellor should be.
A caring, sensitive, objective, non-partisan judge, seeking only true equity with firm resolve, while avoiding appearances of impropriety and conflicts of interest must be a major priority. These are the prerequisites for being a good Chancellor. In my view, Bouchard has none of these qualities. Hopefully, someday we will once again appoint a leader of our prestigious court who is a gentleman of TRUE CHARACTER, much like former Chancellor Bill Chandler. That’s how I see it, folks.
How do you feel about how your Chancellor should be? Your responses are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
It has been over a month since Andre Bouchard ordered Skadden Arps to produce the bills in the TransPerfect case and at this juncture, I have learned that nothing has happened. No bills, no resolution, no information. Bouchard made this declaration, and nothing has been done by Skadden Arps as far as I know, and apparently more bills continue to be sent.
The fact that there have been no itemized bills to begin with, means that Chancellor Bouchard wasn’t doing his job, right?! You think at least the man who court-ordered that the bills be sent and itemized, the man who approves (rubber-stamps) them each month, would at least know what’s on these bills?!
Yet, NO ONE is doing anything about this. I’m the only one even talking or writing about this, as far as I know. Bouchard hands out judgments and decisions and orders, and of course he enforces them — the man is a judge, after all, he has the power — but in this ONE instance, nothing is happening?!
His former law firm is supposed to show the bills — again, by the Chancellor’s clear-cut order — and nothing happens, and yet he is OK with this?! How is this possible? Why isn’t Bouchard holding Skadden Arps and his former partner and appointed Custodian Robert Pincus in contempt of court as he did CEO Philip Shawe?
As I’m seeing this — and I don’t know how anyone can see it otherwise — Bouchard continues, in my opinion, to oversee some sort of money-train for his former law firm. It is apparent that these outrageous and absurd, $1,475 per hour bills, in my view, clearly indicate that former Skadden Arps employee Andre Bouchard is seemingly looking out for his Good Old Boys at his old law firm! Leo Strine, Bouchard and Pincus all worked at Skadden. Aren’t there more places to find lawyers in this state?
Folks, we are talking about $15 million in unitemized, unaccounted fees over the past few years. This is serious money and any reasonable person would expect these charges to be explained? It is the appearance of an impropriety !
How else can you explain it? Just to be sure I’m correct about this, I called a couple of employees in the accounting department to confirm that indeed the bills have not stopped coming in. So new bills are coming in, while the old bills have not been itemized or seen by the people paying the bills?! What gives, folks?! What gives!
It’s outrageous, Chancellor Andre Bouchard is providing no oversight on this. At least not to the public or the media from what I understand.
It is apparent to this investigative reporter, that since TransPerfect and its CEO Phil Shawe have had to fight to receive actual itemized bills, this must mean the court doesn’t have them?! Am I correct in my assumption? Bouchard is ordering one party to pay another — blindly, with no line-by-line explanation as to what work was done and why? Can you imagine?! What a crazy gravy-train of funds established here by Bouchard and his former firm!
It would be great to see the Delaware News Journal or Delaware Business Now or any other reporter or editor at a Delaware publication get to the bottom of this.
If any of you, my many readers, have any idea what’s going on here, please let me know if I’m missing something.
Either way, I’d love to hear your feedback on this.
I watched every minute of the judicial, impeachment Committee hearing held yesterday, Tuesday, November 4, 2019 where Chairman Nadler (the most biased, unintelligent, insipid, hypocritical Committee Chairman in United States history) continued the impeachment witch hunt against President Donald Trump. During the hearing he denied every Republican request and allowed every Democrat request, tabling every Republican motion. It was a freak show of pure bias and despicable unfairness.
Before going further, I must admit to being a Republican partisan, having been involved in the past in every aspect of the political process, including being a county campaign manager manager (once for Governor and once for US Senate). I know all about opposition research as I have done it big time. I admit to being an active Trump supporter from the very beginning.I totally believe and support his successful platform involving jobs, trade, national security, border control, 2nd amendment rights, and much more. Regardless, I believe I have the ability to recognize an inequity and political sham when I see it. That being said, the exhibition I witnessed yesterday was without a doubt the worst yet.
The Committee brought forward 4 Professors, 3 who were chosen, prepared, and dedicated to destroying President Donald Trump using their totally biased view points on the constitution, clinging to the specific concept that Trump used his office to demand an investigation of a political opponent to influence the 2020 Presidential election by holding back military aid to the Ukraine. I will name them: Noah Feldman from Yale, Pamala Karlen from Stanford , and Michael Gerhart from North Carolina. They actually, in their testimonies, changed the specific wording in Trump’s infamous call to the Ukraine President. Folks, never did Trump demand a Quid Pro Quo from Ukraine in return for military aid. NEVER< NEVER< NEVER ! Each of them have given substantial money to the Democrats, each of them have used pure vitriol against Trump in the past, and one actually is a Democrat activist. The total bias and this absolute malicious presentation was the worst I have ever seen in my entire life. Professor Karlen actually took a shot at the President's teenage son Baron Trump, saying "he might be named Baron, but he was not royalty." She was without a doubt the most self absorbed, prejudiced, horses ass to ever testify before a House Committee.
Interestingly, these are the types of people who if you don’t comply with their liberal agenda, give you lower grades in your University studies. I have many conservative friends whose children have suffered under this liberal despotism while in college.
The 4th witness was John Turley from Georgetown University who clearly stated the charges against Trump did not come close to reaching the standard of impeachment. This gentleman was calm, reserved, and although a Republican was not partisan or biased. He said he did not vote for Trump, nor support him, however he believed logically and legally the process and evidence was invalid.
The only real criminal here is Joe Biden who actually as Vice President of the United States extorted the firing of a Ukranian prosecutor who was investigating the gas company on which his son Hunter was serving for the fee of $80,000 per month in return for a billion dollar loan. The Ukraine actually did it, fired the prosecutor, and Biden bragged about it on national television. This is Bribery, Extortion, Quid Pro Quo, influence peddling–clear illegal activity which surely requires an investigation. That combined with evidence that the Ukraine tried to meddle in the 2016 election, gave the President every right to ask the Ukranian President to investigate it. Never was the military aid a condition of that request.
Folks, Trump is being railroaded. I know it and the majority of Americans know it. The Democrats are truly evil with a false agenda to overthrow our duly elected President. We will not let this happen and although impeachment seems inevitable, Trump will be found not guilty in the Senate, the insidious, socialist, liberal Dems will be ousted in both houses, and then we can and will complete the restoration of America.
As an aside, how come, famous, democrat, litigator, and professor, Alan Dershowitz was not asked to testify? We all know the answer to that.
Dr. Mike Savage once said, ” Liberalism is a mental disease”. I agree with him. So be it.
As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
The ink wasn’t even dry on my article from last week, and the Delaware Supreme Court backed the ruling of Andre Bouchard’s Chancery Court. Feels like the same old story here. I’d like to think that Delaware Supreme Court Justice Seitz is going to make some changes, but I’m not holding my breath.
In what I see as a rubber-stamp, one-paragraph ruling, the Delaware Supreme Court backed yet another bizarre Chancellor Bouchard decision that breaks from precedent that is decades old — and companies can now do things to break a contract, then retroactively re-write history to make it OK. It’s baffling, as you’ll read in the WDEL News Radio article below.
I don’t like what I’m seeing folks. It starts with Bouchard, and then it appears that his buddies upstairs at the Delaware Supreme Court automatically have his back. I’m hopeful that new Chief Justice Seitz realizes he can’t let the “Good Old Boys Club” run things — and takes an independent stand based on decided law. Unfortunately, I’m less hopeful with each passing day. We just had Leo Strine mysteriously resign from our Supreme Court, but Seitz is not Strine. He’s not Andre Bouchard’s ex-intern who I believe was beholden to him. Therefore, I’m sure everyone joins me in expecting more out of the Delaware Supreme Court. Let’s hope this isn’t indicative of things to come.
Let me know what you think! And stay tuned for more coverage here, folks!
Citizens for a Pro Business Delaware Denounces Delaware Judicial Overreach and Calls for reforms to Hold Judges Accountable
Published Nov 25, 2019 at 10:26 am | Updated Nov 26, 2019 at 1:03 am | By Citizens for a Pro-Business Delaware
DOVER, Del., Nov. 25, 2019 /PRNewswire/ — Last week, the Delaware Supreme Court broke from decades of precedent and permitted a company to completely rewrite a clear, unambiguous contract simply because the company didn’t like the outcome.
Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “Sadly, this decision is just the latest in a string of baffling court decisions that have dealt decisive blows to Delaware’sjudicial credibility.”
Historically, Delaware has burnished a reputation as the most “contractarian” state in the country. Parties to Delaware contracts and investors in Delaware corporations could rely on the State’s courts to enforce clear contracts respecting shareholder and stakeholder rights regardless of whether a particular party to the contract, or the Court, benefited from the outcome.
But with one paragraph in the Delaware Supreme Court’s Almond v Glenhill ruling, a straightforward breach of contract case yielded a remarkable outcome: a controlling stockholder issued itself millions more shares than its admittedly unmistaken contract entitled it to, but the Court ignored the contract’s plain terms and rewrote them instead.
Said CPBD Campaign Manager, Chris Coffey, “This decision is an affront to all standards of judicial accountability and a symptom of the corrosion of the American justice system. If we cannot rely on the Delaware courts to enforce the fundamental right to contract, then what can we rely on them for? Unfortunately, this decision is consistent with a ruling class of judges who are all part of an old boys’ club designed not to serve justice but to serve the personal interests of Delaware judges.
I am ashamed for the Delaware judiciary, and call on all Delawareans to join our relentless crusade for transparency, accountability, and diversity in the Delaware court system. Without reform, self-serving Delaware judges will continue to rule according to whim and self-interest rather than according to fact and fairness. Now is the time for all Delawareans to stand up and hold their courts to task for their many, many failings.”
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 Delaware Chancery Court. For more information on Citizens for a Pro-Business Delaware or to join the cause, visit DelawareForBusiness.org.
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.
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
Mark Brainard, president of Delaware Technical Community College
SALARY: $249,900
Dr. Gary Collins, chief medical examiner at the Division of Forensic Science
SALARY: $245,092
Dr. Richard Margolis, medical director of the Department of Services for Children, Youth, and their Families
SALARY: $237,751
Dr. Francis Krolikowski, Division of Forensic Science assistant medical examiner
SALARY: $227,000
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. Mark Holodick, Brandywine School District superintendent
SALARY: $206,626
7. Leo Strine, retiring Supreme Court chief justice
SALARY: $206,148
8. Dr. Rick Hong, medical director at the Division of Public Health
SALARY: $204,000
9. Dr. Gerard Gallucci, Delaware Psychiatric Center Residency Program director
SALARY: $200,214
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:
Delaware State Police Colonel Nathaniel McQueen, who makes $195,090
Court of Common Pleas Chief Judge Alex Smalls, who makes $194,541
Christina School District superintendent Richard Gregg, who makes $188,181
Colonial School District superintendent Dolan Blakey, who makes $186,560
Three health department psychiatrists — Nathan Lawrence Centers, David Sibley and Duane Shubert — each of whom make $185,497
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.
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
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
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.
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.
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.
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.
OPINION
Dear Friends,
Sometimes, good guys win, folks.
I’ll explain, but first some background: I spend a decent amount of time each month keeping you updated on the ongoing saga of the TransPerfect case in Delaware, and what I see as the unprecedented, subjective and capricious rulings by Chief Chancellor Andre Bouchard.
In my view, this case features Bouchard attempting a governmental “Taking” of the Shawes’ private property (not only according to me, but the lone female Delaware Supreme Court Justice Valihura in her dissenting opinion) in violation of the 5th Amendment of the U.S. Constitution. More recently, it has featured battles over Bouchard giving his former law firm Skadden Arps what I see as a blind blank check to raid TransPerfect’s corporate bank account.
I could go on and on (and I often do!). But let’s take a moment to celebrate one of America’s great entrepreneurial, success stories, overcoming not only the Chancellor’s best efforts to put them out of business, but also beating global competitors!
Amazingly, the company is on track to top $750 million in sales for the year and Chief Executive Philip Shawe says they “anticipate finishing the year strong”. Given my view of all the Chancery’s wildly fabricated tales of “dysfunction;” given all the court’s moves, in my opinion, designed to methodically empty the company’s bank account of over $250 million; and given the 3-year, illegal occupation of a Skadden Arps’ lawyer as a fake CEO — it is truly amazing TransPerfect is still alive, much less kicking butt!
Read the results below and rejoice at this American success story, even in this day and age, the good guys can still win one once in while. Please send your thoughts! Always enjoy emails and feedback from you.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
See the company’s record results below:
SOURCE: PR Newswire
https://www.prnewswire.com/news-releases/transperfect-breaks-q3-sales-record-300939511.html
TransPerfect Breaks Q3 Sales Record
Current Performance Bodes Well for a Strong Q4
and Record-Setting 2019
Oct 16, 2019, 09:00 ET
NEW YORK, Oct. 16, 2019 /PRNewswire/ — TransPerfect, the world’s largest provider of language and technology solutions for global business, today announced billed revenues for the third quarter of 2019 of $188 million. This $15 million increase over Q3 2018 equates to 8.5% growth and sets an all-time record for the third quarter.
Sales totals for 2019 to date show the company to be on a record-setting pace. TransPerfect is up $35 million over the same period in 2018 and is on track to top $750 million in billed revenue for the year. This significant and sustained growth bolsters the company’s campaign to maintain its position as the industry’s largest firm.
TransPerfect’s GlobalLink® translation management technology, the industry’s leading platform for managing multilingual content, continues to be selected and implemented by new customers at a rapid rate. The company announced 168 new deployments and a 13.5% year-over-year increase in services revenue throughput relative to the same period in 2018.
Beyond revenue increases alone, TransPerfect posted impressive numbers with respect to job creation. The company added 150 new positions in Q3 and several strategic acquisitions were closed. Those deals included Lylo (Paris), Lassostudios (Madrid), Sublime (Madrid), and AGM Factory (Rennes) in the subtitling, dubbing, and media localization space as well as MoGi Group (Dublin) in gaming localization and gamer support services.
TransPerfect President and CEO Phil Shawe commented, “We have grown in several key areas this past quarter. On top of gains in sales and technology adoption, we have also welcomed a group of key acquisitions that we believe will position us well for the future. We anticipate finishing the year strong, and hope to achieve another record-setting performance in Q4.”
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.
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.
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.
EXTREMELY IMPORTANT REVELATION FOLKS
Look folks, I would like to think that I am the first one who contemplated what I see as the lawfirm of Skadden Arps’ inappropriate influence in the Delaware courts, but in fact I’m 20-plus years late! If my thinking is accurate, it is my opinion that Bouchard must be a bit arrogant to be so obvious in his actions, but these “Good Ole Boys” might have been pulling the wool over the Delaware shareholders and citizens for a very long time.
Everyone, please read carefully this old article below and see if you see the same parallels I do in regard to the present day situation with the Skadden cohorts — Bouchard, Strine, Pincus, and Voss, seemingly and apparently representing the current situation in Delaware and in the Chancery Court system. Folks, perceived Delaware Chancery Court corruption is what the New York Times was writing about in 1995!
In all my time researching Bouchard’s behavior and methods, from when he first got my attention in regard to the Register of Wills office, I had never come across this amazing article. Being the curious dude I am, I picked the brain of a SEO professional I know, and guess what? His guess is someone is paying a pretty penny to bury this horrific press from the public — and has been successful — until now! Some establishment folks in the legal profession may call this a stretch, however all things considered, things have been the same, in my educated opinion, since 1995 with Delaware still having an incestuous judicial system that is well protected politically. Expect a ruling coming against TransPerfect employees for Skadden — 20 years in the making!
Read this story from the New York Times from May 23, 1995! And please tell me your thoughts! In my view, nothing has changed!
By Diana B. Henriques
May 23, 1995
The Delaware judicial system, chief arbiter of right and wrong in corporate America, is on trial.
Critics say a single national law firm — Skadden, Arps, Slate, Meagher & Flom — appears to have influenced the makeup of the Delaware Supreme Court, the judicial body that has dominated corporate case law in America for the last century and that wrote the rulebook for the 1980’s takeover binge.
A Skadden partner played a role in advising Gov. Thomas R. Carper, a Democrat, to remove a Supreme Court judge who had ruled against one of the firm’s clients, the New York financier Ronald O. Perelman. Moreover, several current and former members of the firm have close ties with the Governor or are serving in his administration. Governor Carper’s critics fear that Skadden’s prominence in Delaware politics will erode the judiciary’s reputation and lessen its sway over corporate governance in the United States.
A lot is at stake. Almost half of the Fortune 1000 companies are registered in Delaware. They, and everyone who buys them or sues them or manages them, are subject to Delaware law as interpreted by the state’s business-law tribunal, the Court of Chancery, and its overseer, the state’s Supreme Court.
It was the Supreme Court whose rulings pushed Paramount out of the bidding for Time Inc. in 1989 and paved the way for the Time Warner merger, for example. And Delaware judges presided over the $25 billion RJR Nabisco buyout in 1988.
Today, one year after Justice Andrew G. T. Moore 2d was ousted from it, the same Supreme Court will review the lawsuit that some critics have linked to the controversy: Cinerama v. Technicolor. It pits Michael Forman, the movie-theater baron from Los Angeles, against Mr. Perelman, whose fortune and reputation were built on his acquisition of Technicolor more than a decade ago.
Legal scholars and corporate lawyers will be watching closely as the court once again reviews a lower court ruling favorable to Mr. Perelman. Mr. Moore, before his departure from the bench, had twice joined in unanimous decisions that sternly reversed trial court decisions favorable to Mr. Perelman, Skadden’s client.
Recently, Mr. Moore ended a yearlong silence to declare his view that his departure was politically inspired. “The citizens of Delaware and the corporate community should have grave concern about the circumstances that prevailed in the selection of state judges,” he said in an interview. “If the process was designed to insulate the courts from political influence, unfortunately, it does not appear to have done so.”
Many others agree. Indeed, Governor Carper’s action has split the Delaware bar, outraged legal scholars and even drawn fire from institutional investors. Sarah Teslik, executive director of the Council of Institutional Investors, called state senators last summer to protest the Governor’s action and told The National Law Journal: “The Governor thinks that if he makes Skadden happy he makes C.E.O.’s and corporate America happy; he’s forgotten that corporate America has owners.”
Supporters of Governor Carper defend his decision, saying Mr. Moore was an unpopular and razor-tongued jurist who lacked the “temperament” to serve on the high court. Besides, they note, Mr. Carper had pledged to appoint more women to the state’s courts, and the woman who replaced Mr. Moore is the first to serve on the state’s top court.
Even so, the Governor’s failure to reappoint Mr. Moore to a second 12-year term broke sharply with a tradition stretching back more than half a century of letting well-regarded judges stay on the bench for as long as they pleased.
Joseph Flom, a senior partner at Skadden in New York, said he was stunned when the “extremely competent” Mr. Moore was not reappointed. He denied his firm had played any improper role in Mr. Moore’s exit, and insisted Skadden sought no political influence over other court appointments in Delaware.
“That suggestion boggles my mind,” Mr. Flom said. “These conspiracy theories just don’t stand the light of day.”
But even Mr. Flom agreed that Delaware judges today probably view their future with less certainty. “The Governor has made them feel less secure that they will be reappointed, a little more edgy,” he said. “Is that good or bad? I don’t have a clue.”
It is perhaps understandable that Skadden’s name and the Technicolor case have been invoked by Mr. Moore’s angry defenders.
Rodman Ward Jr., a Skadden partner who has represented Mr. Perelman in the Technicolor case for a decade, was an influential member of a state panel that declined to recommend Mr. Moore to the Governor for reappointment. Richard G. Elliott Jr., a partner in another Wilmington firm that is representing Technicolor in the case, was also on the nine-member panel.
Even more troubling to some in Delaware’s legal community, the panel reportedly recommended only one candidate, Carolyn Berger, to replace Mr. Moore, rather than following the usual practice of putting forth a slate of candidates. Ms. Berger could not take part in today’s Technicolor hearing. The reason: She used to work at Skadden.
Mr. Ward and Mr. Elliott both denied that Mr. Moore’s past decisions had any influence on the panel’s deliberations. They said they saw no reason to abstain from reviewing Mr. Moore simply because he had joined in rulings unfavorable to their firms.
There are other ties between Skadden and the Carper admininstration. A former Skadden associate, Leo Strine Jr., is the Governor’s chief counsel. And a Skadden partner, Steven J. Rothschild, was a key county finance chairman for Governor Carper, and is a friend of Judge Berger and her husband, Fred Silverman, who has also been named to a judgeship by Governor Carper.
William Prickett, an influential third-generation Delaware lawyer, has warned the Governor that “the perception is widely held that the important function of nominating judicial officers for the Supreme Court of Delaware has been subverted to achieve your political ends.”
A senior aide to Mr. Forman, the plaintiff in the lawsuit against Technicolor, said he believed the reputation of the Delaware court system had already been compromised.
“Look at the power!” said James Cotter, Mr. Forman’s partner and head of his financial interests. “If you live in that close-knit, insular environment, and you see a Supreme Court judge get defrocked — and there’s no gross impropriety involved at all — the message is clear: ‘Hey, watch out! You be nice to Skadden, Arps.’ It is enough for me to try to avoid the jurisdiction if I can.
“Mr. Flom said it was “nonsensical” to link Mr. Moore’s departure and Skadden’s role in the Technicolor case.
But there is one other small link between Governor Carper and the personnel in the Technicolor case: Mr. Carper’s 1992 campaign got $1,200, the maximum allowable gift, from Mr. Perelman’s Revlon Corporation. According to state records, Revlon had never before contributed to a Delaware gubernatorial campaign.
Revlon was hardly alone. Ever since the merger mania of the 1980’s, money has been flooding into Delaware electoral politics — notably from the financial centers of New York and Philadelphia. Contributors to the winning election campaigns of Mike Castle, a Republican, in 1984 and 1988, and to Mr. Carper in 1992, read like a Who’s Who of Wall Street.
Mr. Carper raised a record $1.2 million, nearly double his predecessor’s war chest. And at the center of his fund-raising effort was Mr. Rothschild of Skadden’s office in Wilmington, which also provided legal advice to the campaign. At least one other Skadden partner was a substantial contributor, as well. Although Mr. Flom called Skadden “completely bipartisan,” no local Skadden partner reported making a donation to Mr. Carper’s opponent.
Scholars specializing in campaign finance say the importance of the Delaware courts in the 1980’s takeover battles provides the most plausible explanation for the tide of out-of-state gifts. “The stakes were very high, and the Governor is obviously very central in the picking of the judges,” said Frank Sorauf, a University of Minnesota professor.
Before getting reappointed, though, an incumbent judge must be recommended by the nine-member judicial nominating commission appointed by the governor.
This little-noticed commission was first set up under an executive order signed in 1977 by Gov. Pete Du Pont to insure that merit, not politics, guided judicial appointments. It consists of five lawyers, including Skadden’s Mr. Ward, and four non-lawyers, and it is headed by James H. Gilliam Jr., the chairman of the Beneficial Corporation and a longtime supporter of Mr. Carper.
In renewing the commission’s mandate in 1993, Governor Carper directed it to submit at least three names for each opening unless there were too few “appropriate” candidates or “more than one office to be filled.” If the committee did not nominate an incumbent who sought reappointment, the governor could demand a supplementary list “of not less than three additional qualified persons.”
The current panel did not renominate Mr. Moore and did not submit any candidates except Judge Berger. Nevertheless, Mr. Carper endorsed the commission’s decision and appointed Judge Berger, who was confirmed by the State Senate after sharp questioning about how she came to be considered.
Although Judge Berger does not have Mr. Moore’s national reputation, she is considered well qualified. But even some of her supporters are concerned about whether the nominating panel’s standards are clear and its procedures are fair.
But Mr. Gilliam, the commission chairman, said the commission did its “difficult and painful” work with complete integrity. “The members were aware of their responsibilities and discharged them as mandated by the applicable executive order and the rules of the commission,” he said. “I stand on that.” He added, “Under no circumstances have I seen any indication that anyone has pursued any course of action to further personal interests.”
For corporate America, the next major test for this nominating procedure may well come when Chancellor William T. Allen’s term expires in two years.
Mr. Flom of Skadden deemed it highly unlikely that Governor Carper, if re-elected next year, would deny Chancellor Allen a new term. “People would be shocked,” Mr. Flom said. “Bill Allen is an extremely competent judge.”
But then, he conceded after a moment, so was former Justice Andrew Moore.
Correction: May 29, 1995
An article in Business Day on Tuesday about criticisms that a single law firm has influenced the Delaware judicial system misstated the corporate position of James H. Gilliam Jr., chairman of the Delaware Governor’s judicial nominating commission. He is executive vice president and general counsel of the Beneficial Corporation, not the company’s chairman.
About the Archive
This is a digitized version of an article from The Times’s print archive, before the start of online publication in 1996. To preserve these articles as they originally appeared, The Times does not alter, edit or update them.OPINION
Dear friends,
We’ll keep this one short folks, the TransPerfect “Contempt” hearing will go on tomorrow — as the Chancellor sided with Skadden in denying a request by TransPerfect CEO Philip Shawe to back the hearing up a few days, due to the Yom Kippur Jewish holiday.
Alan Dershowitz, Shawe’s attorney who will be arguing in the Chancery Court tomorrow is Jewish — the Delaware “Good Old Boy’s Club” is not. See the story below for news on Dershowitz representing Transperfect.
I’m admittedly, a crusty old white guy, and I have my associated faults, but in this day and age, this is a bad look for Delaware that the Chancery Court hearing was not postponed after a request was made of the court.
And I do believe it is odd that in these times, our highest court has never had an African American person, never had a Latino, never had an Asian, and just never had any minority whatsoever.
Those are my thoughts, please share yours.
Sincerely yours,
JUDSON Bennett, Coastal Network
https://delawarebusinessnow.com/2019/10/alan-dershowitz-joins-legal-team-in-transperfect-billing-battle/
Alan Dershowitz rejoins legal team in TransPerfect billing battle
By Delaware Business Now
October 9, 2019
High profile attorney Alan Dershowitz is back in the long-running TransPerfect legal battle.
Dershowitz is now part of a team that is dealing with actions in Nevada and Delaware Chancery Court.
Shawe’s Jewish attorneys, Dershowitz, David Finger and Jeremy Eicher, requested that the Chancery adjourn the October 10th date due to Yom Kippur. They claim, the date led to a lack of time to prepare and asked for the hearing to be held next week.
Chancellor Andre Bouchard denied the request unless Shawe met corporate law firm Skadden Arps’ demands to adjourn the Nevada lawsuit. That move that would put the action beyond Bouchard’s hearing and would have cleared the way for the adjournment.
Dershowitz, best known for his work in the O.J Simpson trial, was an attorney in the original battle over the sale of TransPerfect in representing co-owner Phil Shawe.
The Nevada venue is involved because Shawe shifted TransPerfect’s state of incorporation from Delaware to the Silver State.
In the latest case, TransPerfect claims that the law firm Skadden Arps and custodian Robert Pincus did not adhere to a 2015 agreement that calls for itemized invoices. The suit in Nevada demands that Pincus identify the reasons for billing TransPerfect since the sale of the company became final last year.
Pincus served as custodian during the sale process and clashed with Shawe.
The fees arose from a Chancery Case that led to the sale of Elizabeth Elting’s 50 percent share of the company to Shawe after the 50-50 owners could no longer jointly run the New York City translation services company.
Shawe made the following comment on Bouchard’s decision on not postponing the hearing. “This is why Delaware needs a diverse court.”
Shawe and a group known as Citizens for a Pro-Business Delaware, are seeking reforms to Chancery Court, the nation’s leading business court, while continuing to attack Bouchard through an advertising and public relations effort.
The marketing and PR work has come under attack from Delaware’s corporate legal community. Last week, the Delaware State Bar Association held a press conference, with its executive director, flanked, by retired judges and other lawyers, attacking Shawe’s actions.
Bar President William Brady defended Bouchard, who cannot publicly comment on the case under judicial rules.
Brady went on to claim that Shawe is waging a campaign to smear Bouchard and Chancery under the guise of legal reform.
OPINION
Dear friends,
I’ll get right to it, folks. We’re hearing from the Chief Financial Officer at TransPerfect for the first time and he’s coming out throwing punches. CFO Stephen Tondera says “it was not uncommon” for the Delaware Chancery Court court-appointed custodian in the TransPerfect case to “bill for work never performed.”
He’s talking about Robert Pincus of Skadden Arps, pal of Chancery Court Chancellor Andre Bouchard, who appointed Pincus. More from Tondera: One consultant from Alvarez & Marsal “would often sleep in his office and bill the time” … “at rates as high as $950 an hour”! What a racket, folks!! And you wonder why Delaware’s reputation has suffered under the reign of Bouchard?! This is irresponsible leadership, with Bouchard at the top of his Chancery Court!
The CFO filed an affidavit to oppose the current “Contempt” case. I’ve cut and pasted the “guts” of the affidavit below. I was able to get a copy of the affidavit from one of my sources at the company who was kind enough to share it to help with my reporting on this ongoing saga.
All of this underlines why court-ordered bills should NOT be unseen by even the company paying the bills!! Another highlight/lowlight from the affidavit: Pincus “hired a temporary Chief Technology Officer for a no-show job at $1.2 million annually.”
Such waste, such abuse of power, such corruption in my keen view, folks! And let us not forget Pincus’ “exorbitant hourly rate of $1425 an hour to act as a custodian.”
Please scroll down for the affidavit below for more details and do not hesitate to contact your Delaware legislator and demand Chancery Court accountability!
Sincerely yours,
JUDSON Bennett, Coastal Network
Here is the CFO’s Affidavit. I edited out some of the legal mumbo-jumbo at the top and bottom:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
AFFIDAVIT OF STEVE TONDERA IN OPPOSITION TO THE
CUSTODIAN’S MOTION FOR AN ORDER TO SHOW CAUSE
WHY TRANSPERFECT GLOBAL, INC. AND PHILIP R.
SHAWE SHOULD NOT BE HELD IN CONTEMPT
STATE OF NEW YORK
SS: COUNTY OF NEW YORK
STEVE TONDERA, being duly sworn according to law, deposes and says:
1. I am the Chief Financial Officer (“CFO”) of TransPerfect Global, Inc. (“TPG” or the “Company”) and have served in this role for nearly thirteen years. I respectfully submit this Affidavit in opposition to Robert B. Pincus’ motion for an order to show cause why TPG and Philip R. Shawe should not be held in contempt (the “Motion”).
2. As the Company’s CFO, I am intimately involved with the day-to- day operations of TPG and was similarly involved during the period of the court-ordered custodianship. Except for statements made upon information and belief the statements herein are based on my personal knowledge and I can testify competently thereto. With respect to those statements made upon information and belief, I have a good faith basis and believe them to be true.
3. The Company has a good faith basis to review Mr. Pincus’ bills. It was not uncommon for the Custodian to permit his agents to bill for work never performed. While Mr. Pincus sat in Delaware, his consultants from Alvarez & Marsal in New York were billing at rates as high as $950 per hour. One of those agents, Robert Herskovitz, would often sleep in his office and bill the time. When TransPerfect employees complained to Mr. Pincus, he had the video cameras removed from the hallway and blinds installed so that employees could not see and report the billing fraud.
4. Mr. Pincus was also cavalier with the Company’s money, overspending in obvious ways. By way of example, he hired Joel Mostrom of Alvarez & Marsal from South Carolina at $850 an hour and unnecessarily put him up in a hotel and paid for his meals and local travel on a weekly basis for years even though there were numerous other equally qualified and less expensive persons who resided in New York. This extravagance added significantly to the cost of the custodianship. Similarly, he hired a temporary Chief Technology Officer for a no-show job at $1.2 million annually. Likewise, he hired away (but charged TransPerfect) Thomas Pennell for $50,000 monthly to help sell the Company when Mr. Pennell was already working for the Company for $25,000 monthly. He also spent tens of thousands of dollars of the Company’s money to have his “team” evaluate the merits of signing a $2,300 per month office lease. Each of these items demonstrate waste of corporate assets without accountability.
5. Notably, while Mr. Pincus splurged on anything to promote his own interests (and those of his law firm or his consultants), he detrimentally cut back healthcare benefits for lower earners at the Company. I am informed and believe that when Mr. Pincus’ actions were challenged in comparison to the greater benefits received by Skadden employees, he expressed, in words or substance, “maybe those people do not deserve the same healthcare.”
6. Mr. Pincus’ claim that the $7 million sanctions award should be relied upon to show the gravity of Mr. Shawe’s alleged misconduct is misplaced. I am informed and believe that when negotiating the sale of TransPerfect to Mr. Shawe, Mr. Pincus admitted both that (i) the sanctions decision was not equitable because the conduct “was not harmful” and (ii) that Chancellor Bouchard “went overboard.’ On that basis, I am informed and believe that Mr. Pincus gave Mr. Shawe a $5 million enterprise value discount on the auction sale price but stated, in words or substance, “if you ever tell anyone I will deny it.”
7. Mr. Pincus also has a history of making TransPerfect pay law firms to advance his personal interests, even when they are not in the best interest of the Company. He hired the finn of Ross Aronson to oppose Ms. Shirley Shawe’s motion seeking his bills and directed them to take the position that TransPerfect would not benefit from reviewing the billing and having an opportunity to challenge fees. That position was ridiculous but allowed Mr. Pincus to again elude a review of his billing. I am informed and believe that no attorney from Ross Aronson consulted with the un-conflicted management of the company or the general counsel to authorize that position.
8. Finally, the motion for contempt and an anti-suit injunction is directly out of Mr. Pincus’ litigation playbook. When the impropriety of his behavior is made public, Pincus reacts by having Skadden scorch the earth with litigation. For example, when his exorbitant hourly rate of $1425 to act as custodian was exposed by the Citizens for Pro Business Delaware, Mr. Pincus spent many tens of thousands of dollars of the Company’s money for Skadden to file and litigate motions in Delaware and a lawsuit in New York to discover the “leak.” In addition, he had his lawyers (on the Companys tab) conduct a witch hunt within the Company – seizing computers, interrogating employees, scouring employee emails, demanding access to employees’ personal devices and threatening termination of employment in an effort to silence the Citizens. Among the search terms targeted by Pincus and Skadden was “free speech” which is a concept he and his lawyers do not embrace.
__________________
STEVE TONDERA
OPINION
Dear friends,
Just when you think you’d seen it all! The Chancellor won’t answer allegations against him, because he legally can’t at this point — but, in my view, seemingly uses “The Delaware Bar Association” to talk for him at a press conference, citing Ethics Rules.
What baloney, in my educated opinion! If Ethics Rules truly prevent him from answering the charges against him, they would certainly prevent him from using his friends at the Delaware Bar Association to make statements as an open proxy for him? Regardless, we all have our 1st amendment rights and the right to openly express our opinions.
I watched the press conference video (I appreciated the Bar’s permission to attend, however, I was unable to) and while Bar Association’s President, Bill Brady talked about the Citizen’s group being a “fraud,” there are many concerned Delaware citizens wanting transparency and modernization in Delaware’s Chancery Court. He did not address those concerns. He said the Citizen’s ‘call for diversity” was “disingenuous” but said nothing to address what many consider to be a very real problem in the Delaware court system.
If I had been there, I would have asked some questions that bother me and many of my readers:
1) What about that Delaware Supreme Court Justice Karen Valihura gave a strong, logical, dissenting opinion, calling Bouchard’s rulings “Too far too fast” and comparing the decision to forcibly sell Shawe’s private property stock to a “Takings” (“Takings” Clause of the 5th Amendment) illegal under the U.S. Constitution and Delaware Law?
2) What about the various conflicts of interest with Bouchard and the people he employed — former business partners, and friends. What about public appearances with the Plaintiff, Elizabeth Elting’s attorney, Kevin Shannon, during the decision making phase of this litigation in New Orleans at a Boondoggle event?
3) What about the unitemized billings, all approved by Bouchard, coming from former business partner Robert Pincus in his capacity as the appointed Custodian? Yet the company is not allowed to see the bills??
The rubs here are the appearances of impropriety that the people of Delaware deserve to have addressed. The Bar Association has exercised its 1st Amendment rights, and so have “Citizens for Pro Business Delaware”.
Regardless, if this wasn’t enough drama, Bouchard, apparently can make his statement not only through the Delaware Bar Association on his behalf, but through using his power in the Court Room. The latest is Bouchard is using tax-payer resources to have a “Contempt” Hearing against TransPerfect on October 10th. Why? I say I believe that it’s to get his Skadden Arps buddies paid more and more from TransPerfect.
Crazy times folks! What’s your view? Please read the WDEL article below by Mike Phillips.
Your feedback is always welcome.
Sincerely Yours,
JUDSON Bennet, Coastal Network
https://www.wdel.com/news/fallout-from-transperfect-legal-case-continues/article_4affe084-e525-11e9-bfb8-bf4509d6b31f.html
Fallout from TransPerfect legal case continues
Mike Phillips
Published Oct 2, 2019 at 10:59 am | Updated Oct 2, 2019 at 11:54 am
Members of the Delaware State Bar Association, including current and former members of the judiciary, attend news conference in support of Chancellor Andre Bouchard.
Members of the Delaware State Bar Association (DSBA) are showing support for the state’s Chancery Court and, in particular, Chancellor Andre Bouchard.
Bouchard has been the target of an ad campaign by the organization Citizens for a Pro Business Delaware which has questioned the Delaware courts’ transparency and diversity.
The DSBA held a news conference on Tuesday, October 1, 2019, to fire back.
“We’re trying to set the record straight so that people will have confidence in our courts,” said DSBA President Bill Brady.
Brady said the group behind the ad is nothing more than a front for TransPerfect CEO Philip Shawe.
“He has an almost unlimited amount of resources at his disposal and he has used that to fund a false and misleading smear campaign against the Court and Chancellor.”
Bouchard oversaw the TransPerfect case which led to the company’s sale, but through which Shawe ended up owning the company outright.
“We believe that all that’s left is Mr. Shawe’s dissatisfaction with the Chancellor’s decision and with the Chancellor himself,” said Brady.
Citizens for a Pro Business Delaware Campaign Manager Chris Coffey said it’s the DSBA that has failed to respond to his group’s criticism about the courts.
Coffey said their concerns include not using a random selection process for judges on cases known as wheel spin; no audio or video recording in the Chancery Court; and, the itemizing of invoices by court custodians.
“If Delaware doesn’t get ahead of some of this stuff, they will lose out on very important revenue that pays for their cops, their teachers, their firefighters, their roads.”
Bouchard has been mentioned as a candidate to replace retiring state Supreme Court Chief Justice Leo Strine.
Coffey said Bouchard is not what the courts need.
“Another very, very, very, wealthy, rich white guy to be Chief Justice at a time where Delaware has made strides on transparency, we just don’t think he’s the right person for the job,” said Coffey.
“The groups’ recent call for diversity on the court is disingenuous,” said Brady, “and a last gasp effort to legitimize its agenda and methods.”
Strine announced earlier this year he was going to retire from the bench after his successor was named and confirmed.
It should concern all of us that news of corruption in our once proud state of Delaware has again spread to the Spanish newspaper (see the translated story below)! We should all be embarrassed that Delaware has continuously attracted negative attention around the world. Read the shameful story below and let me know if you are as embarrassed as I am about this overseas coverage for Delaware.
The TransPerfect case, one of the largest shareholder conflicts in the history of the United States, put more than 5,000 jobs worldwide at risk , 500 of them in the offices of Passeig de Gràcia in Barcelona.
The case has revealed the corruption that exists in the judicial institutions of the US State of Delaware, the original headquarters of TransPerfect until it had to flee to Nevada in search of a more fair treatment.
Suspicious practices
In recent years there has been a detailed follow-up of the
different tricks used by the Delaware State Chancellery , with Judge André
Bouchard in the lead, to favor the “Old Boys” of Delaware. Practices
that have made poor, opaque and manipulated management visible in favor of a
powerful circle of people.
It is important to highlight the origin of the TransPerfect
Case. This is the moment in which the judge decreed the forced sale of a
private company with benefits, the more than 250 million dollars spent on
lawyers and consultants at the request of Bouchard, the deliberate concealment
of the files of the case once resolved or the unbundled bills paid to law firms
related to the judge, which are still arriving five years later.
Bad criticism and citizen discontent
This battery of controversial actions has cost the State of
Delaware a multitude of criticisms and complaints from different strata of
American society. In recent years, Delaware has fallen from the first to the
eleventh position in the ranking prepared by the United States Chamber of
Commerce, which assesses the transparency and impartiality of states through
surveys of businessmen, lawyers and citizens.
In addition to having suspended the valuation of the United
States Public Integrity Center, the United States Department of Justice is
investigating the judicial team that managed the company’s sale process for
alleged discrimination during 2017, when the company was under its control.
Also, an opinion poll published in recent months by the Slingshot Strategies
agency has revealed widespread discontent on the part of the citizens of the
State of Delaware with the management of the current government.
Advertising pressure
Given this situation of alleged corruption and clear
government opacity, there are already thousands of voices that have spoken in
favor of a more transparent government, judicial institutions that represent
the population and not just the interests of a few.
Specifically, the Citizens for a Pro Business citizen
association, which has championed the citizen struggle to return Delaware to
the field of transparency and competitiveness, has activated a campaign in
which through irony it focuses on the Court Supreme and especially in André
Bouchard.
Citizen action
“If you bill millions as a business lawyer, you like
spending thousands of dollars on fancy dinners and you like driving cars that
cost five times more than the average Delaware citizen earns annually, it seems
you are the perfect candidate to become a Judge of the Delaware Supreme Court,
”they say, and concludes the video with a resounding“ our Supreme Court should
be representative of the people it serves ”
On the other hand, Shirley Shawe , a TransPerfect
shareholder and one of the most critical voices with the management of Judge
Bouchard, has also wanted to shed light on the situation and has funded a TV
advertising campaign in the States of Iowa and New Hampshire with the objective
of increasing the notoriety of the problem that plagues one of the most
powerful judicial courts in the country.
Serious deficiencies in the Supreme Court of Delaware
The advertising piece presents US Senator Joe Biden and
Harvard professor Elizabeth Warren in a 2005 parliamentary dispute. The piece,
edited, and with a voiceover that highlights the message, presents the
following dialogue:
“Are you suggesting that the Delaware Supreme Court is not a
competent or transparent court? Right, Joe Biden! That is why it has been
valued at position 48 of 50 by the Center for Public Integrity in fundamental
areas such as transparency and accounting ”.
The piece also highlights some of the shortcomings of the
Delaware Supreme Court such as having no cameras in courtrooms, not reporting
the earnings of judges, not having traceability of administrative documents and
not presenting restrictions on the incorporation of judges who come from from
the private sector.
OPINION
Dear friends,
The hypocrisy of these far-left liberals and the Democrats who run this state, and have run this state for years, is hard to believe folks. They have led us to being one of the least diverse states in this great country.
As I see it, this hypocrisy runs deep in our judiciary, the Delaware Bar Association and those at influential state levels. They act like they value diversity, but look at the article below and you will see how poor our record on diversity is.
What’s important for people to understand here, folks, is that those who claim to be Democrats and claim to be in favor of diversity and holding important seats in our state, including Chancellor Bouchard, are anything but pro-diversity. I believe in the U.S. Constitution, dear readers, and that all people should be treated equal and obviously these bleeding-heart liberals who run our state and make all of these powerful decisions, apparently don’t feel the same way.
See the story below.
Sincerely yours,
JUDSON Bennett-Coastal Network
https://whyy.org/articles/some-say-its-time-for-person-of-color-on-delaware-supreme-court/
Some say ‘it’s time’ for person of color on Delaware Supreme Court
By Cris Barrish
July 12, 2019
Delaware has never had a black, Latino or Asian American justice on its Supreme Court.
But with the pending resignation of Chief Justice Leo Strine, a groundswell is forming to change that.
Strine informed Gov. John Carney in a letter this week that he was resigning nearly midway through his 12-year term. Strine did not indicate his future plans.
All members of the five-person court have been white. Currently, there are four men and one woman. There have been two women on the Supreme Court during its history.
The Delaware Supreme Court has never had a black, Latino or Asian member. The current justices, from left, are
Collins J. Seitz, Jr., Karen L. Valihura, Leo E. Strine, Jr., James T. Vaughn, Jr. and Gary F. Traynor. Strine has announced that he will step down this fall. (State of Delaware)
Delaware is one of 18 states that have never had a black justice, according to the nonprofit group BlackPast, which studies African American history.
Delaware’s governor selects judges for all courts from a list provided by a nominating commission that reviews applications. It’s up to the Senate to confirm or reject a nominee.
The looming vacancy led state Sen. Darius Brown, D-Wilmington, to issue a statement urging Carney “to consider the lack of racial and gender diversity when it comes to the historical makeup of the highest court in our state.”
Brown’s statement said the opening “provides us an opportunity to correct that record.”
Brown, who heads the Senate Judicial Committee, would not agree to an interview with WHYY.
But retired Superior Court Judge Charles H. Toliver IV, who is one of a handful of black jurists who have served on that court, told WHYY that he and other attorneys of various races have periodically discussed the all-white makeup of Delaware’s highest court.
Retired Superior Court Judge Charles H. Toliver IV says ‘it’s time’’ for Delaware to have a Supreme Court justice who is black. (Courtesy of Charles H. Toliver Jr.)
Toliver once applied to the Supreme Court when a vacancy arose, but did not get selected.
“I think there are qualified, more than qualified candidates who happen to be African American who can fill the job and if there is a vacancy they should be considered and it is time,’’ Toliver said. “I can’t say why no governor did anything before this point in time. You can speculate as I could but I have no information as to what happened or why.”
Greg Sleet was once Delaware’s chief federal judge and the only black judge to serve on the U.S. District Court. He agrees with Toliver about the Supreme Court
“It’s well past time that we see someone elevated to that position, someone of color, and certainly there is, in my view, it’s long, long overdue that an African American sit on that court.”
Sleet said there’s more than a dozen qualified candidates “who might have an interest and I could certainly generically encourage them to apply.”
Kiadii Harmon, who heads the Multicultural Judges and Lawyers section of the Delaware Bar Association, says a more diverse court is a better court. (Courtesy of Kiadii Harmon)
Kiadii Harmon heads the Multicultural Judges and Lawyers section of the Delaware Bar Association. Speaking for himself and not the legal group, Harmon says a more diverse court, not only along racial but also socioeconomic and cultural lines, makes a stronger court.
“All other things being equal,” Harmon said, “having a person with a different ethnic and cultural background on the Supreme Court will help the Supreme Court to serve the people of Delaware, which is its ultimate function in my mind.”
https://youtu.be/CmQuWKDad_I
Citizens for a Pro-Business Delaware support diversity on the state’s Supreme Court. Chancellor Andre Bouchard is out of touch with normal Delawareans, and should not be the next Chief Justice of the state’s highest court. Delaware deserves transparency, equity, and diversity in its court system. Join the movement at http://www.delawareforbusiness.org/join-our-efforts.
OPINION
Dear friends,
I can’t thank my readers enough for the massive overflow of responses sent to me after my recent article titled, “Is The Delaware News Journal’s First TransPerfect Article in Over Six Months: Accurate, a Puff Piece or ‘Fake News’? You Decide,” was published. I have enclosed 20 of your top comments and have removed the last names to protect your privacy.
The previous article encompassed several issues, concerning Andre Bouchard’s Chancery Court, the new and completely outrageous “contempt of court” charges against TransPerfect (stay tuned for more in-depth coverage), the amazing political ads raising national awareness of issues in Delaware’s Chancery Court by TransPerfect stockholder Shirley Shawe, the mother of CEO Philip Shawe. She bravely calls out Bouchard for ageism, sexism and corruption.
As I have said for years now, there exists a separate system of “law” that Bouchard’s Chancery Court applies to successful entrepreneurs like the Shawes to seemingly drain them dry — and the crony gravy train continues. My sources tell me Bouchard has scheduled another hearing, apparently to again improperly enrich Skadden Arps at TransPerfect’s expense on October 10th, and I am planing on live coverage!
Folks, the bottom line, in my view, is that the Delaware Chancery Court’s archaic rules have created, at a minimum, appearances of impropriety, and at worst, outright corruption—and this is unprecedented. You can make a difference in 2020 by voting only for Delaware State Legislature Candidates who promise to take on court corruption and cronyism. The days of free millions to Kevin Shannon, Steven Lamb, Bob Pincus and Bouchard’s other pals must stop—and justice must be served folks. That’s how I see it and what I’m advocating. Again, I thank you for your many comments; please keep them coming!
Sincerely yours,
JUDSON Bennett-Coastal Network
SCROLL DOWN:
1) From Walt: “Judson Bennett’s Coastal Network”, “Citizens for Pro Business Delaware”, and Incessant Legal Action by the Shawe’s, and now Mrs. Shawe is sending out political ads against Biden. Delaware has never seen anything like this before. People are talking. WALT
2) From Lynn: Can’t wait to see Mrs Shawe’s ads against Biden? We appreciate all you do for Delaware. You are a wonderful writer with no fear. – Lynn
3) From Sam: How can they continue billing without explanation ? Andre Bouchard is destroying Delaware’s reputation. There should never be a question about the Chancery Court’s integrity. You are definitely making a difference. Can’t wait to see the ads ! Keep it up buddy. Best, Sam
4) From Alan: The News Journal article seems to capture the essence of the whole picture. Probably fairly accurate with a slight spin in favor of the Chancery. I sure hope Bouchard does not get the Supreme Court. He is bad news. Can’t help admiring their persistence. Attack ads on Biden- Really amusing!!
5) From Dave: Jud, keep beating the drum—you are the talk of Dover-LOL DAVE
6) From Jim: Thanks for the information Judson. Typical News Journal article with its establishment spin. Keep the articles coming. The article does not hurt the Shawes and frankly it brings more attention. Fascinating business. JIM
7) From Patty: Bouchard is up for Supreme Court Chief Justice, we have got to prevent that somehow! Maybe the controversy with TransPerfect and all the negative publicity you put out about him will keep it from happening. We in Sussex all know the power of your pen. You have certainly helped people win and made people lose. Keep up the great work. Delaware loves you Jud! Patty B.
8) From Joe: Jud, I think the piece covers it accurately, maybe with a little bias? Quite a story!
9) From Tim: Judson, Delaware is not used to someone using the power of advertising and activists to change a situation in the Courts. I have a hunch the powers to be are getting nervous. Thanks for all you do. Tim
10) From Pete: Judson, Sounds like CEO Philip Shawe and “Mommy Dearest” don’t mess around. Fascinating stuff and you have done an amazing job on this entire expose’. You gonna get the movie rights? PETE
11) From Jack: Wow! Quite an article—Lot of Puff and spin for the dark side. LOL Love your articles. Best regards, Jack
12) From Dick: Thanks for sending. The appearance of irregularities in this incessant case are very disconcerting. The Shawes are to be commended in my opinion and if they can make a difference. I am all for it and glad. Good job buddy. Dick
13) From Scott: Jud, Biden has lost it. He is a total insipid character now without substance. I rate the piece as a puff piece. The Shawes really got screwed by Bouchard. He has got to go! Keep it up and thank you. Scott
14) From Elsie: Judson, Delaware should be attacked by the Shawes and especially Biden—YOU GO MRS SHAWE!—WOMAN POWER
15 From Laurie: Hi Jud, Quite an article, I like the way you presented it this time. Usually by the time I read your communication above the article, I don’t read the article. The News Journal is definitely putting a negative spin on it. What a mess-Delaware needs to fix this crap, but as long as the Dems have the power, it will only get worse. Keep up the good work. We love your articles. L, Laurie
16) From John: Amazing stuff, Delaware is corrupt and the News Journal is suborning the corruption as it always does!
17) From Bill: Judson, The Delaware we once knew is no more. The establishment is going to protect itself and the News Journal is a liberal rag! Best to you, Bill
18) From Alan: Biden stinks-such an empty suit. Good for Mrs. Shawe. Alan
19) From Jim: Biden is responsible for changing the Bankruptcy laws which screwed everybody and protected the credit card companies. Mrs. Shawe is a little off on her political ads , however there are ads playing from that Pro Delaware Citizens group all over the radio. The media, the legislature, and the corrupt judiciary are all in it together. Keep up the good work. Jim
20) From Sarah: Like the national liberal press, they embellish and spin it the way they want it. Thanks for sending. – SarahOPINION
Dear friends,
I happen to believe that our court system under Bouchard’s rule, is corrupt on its face — the evidence is simply overwhelming. Further, I am hearing from TransPerfect employees across the globe that Bouchard has retaliated again, punishing these hard working folks because of their free speech activities — this time, in the form of a “contempt of court charge.” Employees are again being illegally intimidated by our Chancery Court, and being asked to enrich Skadden Arps further, or face contempt. It’s a continued outrage!
Yet the Democratic insiders in Delaware have been in denial for years. All along they have been saying, “It’s not a problem, people outside of our state just don’t know how things work around here.”
Well now folks, we have a national publication, Yahoo Finance, which is read by Wall Street and lawyers and other professionals, saying that Delaware’s problems are going to be on center stage during the Presidential race. As I see it, this could have lasting effects as the Democratic Party becomes more progressive and anti-corporate.
Delaware’s existing, archaic policies are going to be a problem. The News Journal article shows the “good old boy” cronies are circling their wagons versus embracing much needed anti-corruption reform in our Chancery Court.
Delaware is still stuck in 1919, folks, and the world has changed! Now it’s 2019 and it’s going to be 2025 before you know it. Wayne Gretzky, has a famous quote, “that it’s not about where the puck is, it’s about where the puck is going.” You can see from this story, not the News Journal, how the TransPerfect issues clearly illustrate the divide between Warren and Biden.
Please read the story below and share your feedback. Starting with the Democratic Debate tonight, and the retaliatory Chancery Court “contempt” hearing tomorrow — this looks to be a big moment for Delaware, and our business and economic policies.
Respectfully Yours,
JUDSON Bennett-Coastal Network
Please scroll down:
https://finance.yahoo.com/news/joe-biden-elizabeth-warren-debate-delaware-030000955.html
Elizabeth Warren’s ‘Big Structural Change’ Threatens Joe Biden’s Delaware
Paul Blumenthal, HuffPost
September 11, 2019
On Thursday night, Joe Biden and Elizabeth Warren will share a presidential debate stage for the first time in a hotly anticipated showdown between the establishment Democratic front-runner and one of his fiercest progressive challengers. Biden and Warren’s core disagreement centers on how hard the next president should push to fundamentally restructure the American economy. Warren has called for “big structural change”; Biden promises a return to normalcy.
To really understand this schism, you must consider the 36 years that then-Sen. Biden spent defending the uniquely pro-corporate laws of his home state, Delaware — laws that protect America’s biggest companies from taxes, lawsuits and accountability; fuel economic inequality; and prioritize the interests of shareholders over those of consumers, debtors and workers.
The system Biden protected affects every American: Because so many companies are registered there, Delaware is effectively the principal author and enforcer of much of the nation’s corporate law. The state boasts more corporate registrations than human residents, including two-thirds of Fortune 500 companies. Delaware is corporate America’s home base.
Like Sen. Bernie Sanders’ attacks on the “rigged economy,” Warren’s calls for change represent a direct challenge to Delaware’s special status. By taking on three key policies that have made Delaware into the corporate paradise it is today, the Massachusetts senator is calling much of Biden’s record into question.
Shareholders Come First
Warren’s first and biggest target is the notion of shareholder primacy: the idea that corporate managers’ most important legal duty is to maximize shareholders’ wealth. That means the interests of workers, families, local communities and the environment are of secondary importance to executives and board members.
“That is in part a function of Delaware corporate law,” said Kent Greenfield, a corporate and constitutional law professor at Boston College. Under Delaware law — which covers all those companies registered in the state ― shareholders must come first.
In effect, Delaware corporate law encourages companies to undercut employee pay and ship jobs overseas in order to enrich shareholders. And it locks out other stakeholders, like workers and consumers, from being considered in the corporate decision-making process.
Between 2007 and 2016, Warren noted last year, “large American companies dedicated 93% of their earnings to shareholders.”
This has other real-world consequences. When President Donald Trump pushed a massive corporate tax cut through Congress in 2017, for example, much of that money was returned to shareholders, rather than workers or other stakeholders.
As vice president, Biden criticized shareholder primacy, saying in 2016 that corporations should “embrace your obligation to workers as well as your shareholders.”
But it’s the competition between states to develop the most business-friendly corporate charters ― the competition that Delaware won ― that effectively ensures shareholder primacy across the nation. And the last time Congress moved to end that competition in the 1970s, Sen. Biden swooped in to defend Delaware’s position.
In the wake of a succession of corporate scandals and bankruptcies, the Senate held a series of hearings to examine whether the federal government, instead of the states, should issue corporate charters for large companies. These hearings were anathema to Delaware’s politicians and business community. The state was then, as now, the national leader in corporate registrations. Fees from business registrations were, and still are, a major source of funding for the state government. (Today, they account for more than one-quarter of the state’s income.) Federalizing corporate charters would also cut profits for the state’s lawyers, accountants and corporate registration companies.
As Congress mulled a possible change, Biden appeared before two different committees to vouch for prominent Delaware lawyers who were there to argue against nationalizing corporate charters and for preserving Delaware’s special position. At one hearing, he suggested that senators not attending should “take the time” to review the lawyers’ testimony “before they make final decisions.” Before another hearing, he praised the witness: “His judgment on these matters is also pretty sharp.”
Biden and Delaware won: Congress never moved to have the federal government take over issuing big corporate charters. The hearings fizzled out after Ronald Reagan took the White House and Republicans won the Senate in 1980.
Now progressives like Sanders and Warren are trying again. In 2018, Warren introduced legislation to federalize the top tier of corporate charters and thereby take away Delaware’s special place as the national writer of corporate law. Warren’s bill would require corporations with more than $1 billion in annual revenue to obtain a federal corporate charter that would require them to consider the needs of a broader array of stakeholders — employees, local communities, suppliers, the environment — when making decisions rather than solely focusing on the concerns of shareholders.
“The role that Delaware plays in determining our system of corporate governance is also, in that sense, going to be in play in the coming campaign,” said Robert Hockett, a Cornell Law School professor who advises Warren, Sanders and Rep. Alexandria Ocasio-Cortez (D-N.Y.).
Biden And Warren Clash, Round 1
The second aspect of the Delaware system that Sanders and Warren have taken aim at is its credit card industry, which Biden boosted by making it harder for Americans to discharge credit card debt in bankruptcy.
In 1981, Delaware state lawmakers, at the behest of Republican Gov. Pete du Pont, passed a sweeping financial deregulation bill designed to attract banks to the state. The bill, written by lobbyists for Chase Manhattan Bank and J.P. Morgan (then two separate companies), eliminated the state’s interest rate caps and gave special tax treatment to financial institutions. Months after the legislation passed, MBNA Corporation, one of the largest credit card issuers in the country, relocated from Maryland to Delaware.
In the decades that followed, Biden and the rest of Delaware’s congressional delegation worked hard to protect MBNA and the other financial institutions that flocked to their state.
One big problem for credit card issuers was federal bankruptcy law. As the credit card industry exploded in the 1980s and 1990s, an increasing number of Americans filed for personal bankruptcy protection ― a legal process that allows individuals to prioritize what debts they can pay off and start anew with less debt than before.
Creditors, including the credit card industry, banks and retailers, argued that people were taking advantage of the process to discharge debt they could otherwise pay. These businesses wanted the debts owed to them to be higher priority and harder to discharge.
On the other side were academics led by Warren, then a Harvard Law School professor. Warren’s research found that people filing for personal bankruptcy were generally dealing with a stroke of bad luck. They had a major medical expense, a messy divorce or a lost job. (Some of this research was — and remains — controversial.) And women made up a major proportion of those declaring bankruptcy. Warren argued that the system was a last-ditch safety net for hardworking people.
In the late 1990s, the credit card industry funded a massive lobbying campaign to pass federal legislation to make it harder to discharge credit card debt in personal bankruptcy. They hired President Bill Clinton’s former Treasury secretary, Lloyd Bentsen, and funded multiple questionable studies to back up their argument that fraud was causing the spike in bankruptcies.
At the same time, Congress created a National Bankruptcy Review Commission to study the problem. The commission, which Warren served as reporter and senior adviser, mainly sided with the academics against the credit card industry. But the industry’s lobbying campaign won out.
The first legislation to change the bankruptcy process in favor of creditors was pushed through the House in 1997. It went through four separate iterations before ultimately becoming law in 2005. Republicans generally backed the bills while the majority of Democrats opposed them.
That first bill passed the Senate too and almost became law ― until Biden reportedly threatened to filibuster the measure because the House had made it too friendly to creditors in conference committee. Nonetheless, he had initially voted for that bill, and afterward, he took the reins as the main Democratic voice in favor of rewriting bankruptcy law.
News reports at the time referred to Biden as “the linchpin to passage,” “the only Democratic true believer” and “possibly the bankruptcy bill’s staunchest defender.”
In 2000, President Clinton pocket-vetoed another version of the bill on the advice of first lady Hillary Clinton, whom Warren had convinced to oppose the measure. A Democratic amendment that would have prevented abortion opponents from using bankruptcy to discharge legal debt stemming from their participation in violent protests killed the 2001 bill. Finally, with a bigger Republican majority in 2005, Congress passed a bill that was signed into law by President George W. Bush. Biden was one of a minority of Senate Democrats who voted for the legislation all four times.
Today, Biden claims that his support was part of an effort to improve legislation that was ultimately going to pass with or without him. As the ranking Democrat on the Senate Judiciary Committee in 2005, he saw it as his job to work with Republicans and Democrats to solve the issue of rising personal bankruptcies. Through his actions, he helped to protect lower-income debtors, prioritize alimony and child support payments, and increase credit card disclosure, according to the Biden campaign. The former vice president has “championed the middle class for his entire career and has a proven track record of delivering on his progressive values,” said Mike Gwin, a Biden campaign spokesman.
But though he showed some distaste for creditors’ goals, Biden believed the bill was necessary and tried time and time again to pass it. He shoehorned the measure into a foreign affairs bill to get it before the Senate Foreign Relations Committee, where he was ranking member, in 2000. He cast the deciding and only Democratic vote in a 10-8 split supporting the bill in the Senate Judiciary Committee in 2001.
“I am so sick of this self-righteous sheen put on anybody who wants to tighten up bankruptcy [who] is [painted as] really anti-debtor,” Biden said at a 2001 hearing. “People are getting hurt.”
Over the years, he voted against numerous consumer-friendly amendments offered by his Democratic colleagues that would have eased the bill’s new requirements for consumers filing bankruptcy over medical debts or debts incurred while on active-duty military service. He opposed other amendments that would have put caps on credit card interest rates and penalized mortgage lenders if they had broken the Truth in Lending Act when they extended credit.
“Some of these looked like they were sympathetic to people with real issues, but they were not good public policy solutions,” a former Biden Senate aide said.
Through the many iterations of the bankruptcy bill, Warren emerged as its fiercest outside opponent. And she directly took on Biden.
The year after the 2001 bill failed, Warren wrote a 39-page article in the Harvard Women’s Law Journal arguing that politicians like Biden should be forced to pay a political price for supporting economic legislation that hurts women. Biden’s assertion that he made the bill prioritize women was misleading, Warren argued.
Biden said he moved alimony and child support up the list of priorities for payment when a person entered personal bankruptcy. Child support services professionals backed his proposal, arguing that it would “revolutionize the enforcement of support obligations against debtors in bankruptcy.”
But Warren wrote that this move was simply a sleight-of-hand, pushing alimony and child support payments above priorities that only came into play in business-related bankruptcies. The practical effects of the proposed change, she wrote, “would be either nonexistent or detrimental.”
More to the point, the latest bill’s restrictions on personal bankruptcy would fall hardest on women because it was women who made up the majority of bankruptcy filings, Warren argued. “For a million women who will go to the bankruptcy courts each year, there is no more important pending federal legislation,” she wrote.
Major women’s rights organizations, including the NOW Legal Defense and Education Fund, the National Partnership for Women and Families, and the National Women’s Law Center, opposed the bill for the same reason.
Warren and Biden finally came face to face at a Senate hearing on bankruptcy in 2005. In a now-famous exchange, he back-handedly complimented her for making “a very compelling and mildly demagogic argument.” He suggested she was targeting the wrong credit card problem by opposing the bankruptcy bill.
“Your problem with credit card companies is usury rates from your position,” Biden said. “It is not about the bankruptcy bill.”
“But, Senator, if you are not going to fix that problem, you can’t take away the last shred of protection from these families,” Warren replied.
“I got it, OK. You are very good, Professor,” Biden said to laughs from Warren and the audience.
The 2005 law did reduce the personal bankruptcy filing rate. But studies indicate the law made it harder for the country to rebound from the 2008 financial crisis, led to 250,000 additional home foreclosures and drove a 25% increase in persistent insolvency.
The pro-creditor status quo might not last forever — especially if Sanders or Warren wins the presidential election and the Democrats retake control of the Senate. The Sanders campaign announced on Sept. 5 that it would introduce a proposal to roll back parts of the 2005 law to help those with heavy medical debts. The Warren campaign has yet to release any bankruptcy-related reforms.
The Place To Go Bankrupt
The third pillar of the Delaware system that Sanders and Warren have challenged are the laws that make it a favorite place for companies to file for bankruptcy. Biden, again, has been on the other side.
In the early 2000s, Enron, an energy services firm, collapsed amid a massive corruption scandal. John Cornyn, then attorney general of Texas, pushed the company to file for bankruptcy in Houston, where it was based and where it employed 7,500 people. Instead, Enron filed for bankruptcy in Manhattan, where one of its subsidiaries was incorporated and it employed 57 people. This was possible because U.S. law allows corporations to file in any state in which they or their subsidiaries are incorporated.
In other words, companies can venue or forum shop, effectively choosing the jurisdiction most favorable to their interests in bankruptcy. And there are two favorite venues: Delaware and New York. The Los Angeles Dodgers filed for bankruptcy in Delaware. General Motors, famously of Detroit, filed for bankruptcy in Manhattan.
There is a longstanding debate in the world of corporate bankruptcy law about whether venue shopping is a problem. Some contend it makes sense to let companies go to Manhattan and Delaware where the judges have greater experience in handling large, complicated bankruptcies. But others, like Warren, argue that venue shopping allows corporations to pick their judges while creating steep burdens for employees, pensioners and other small creditors to attend out-of-town proceedings and pay the higher legal fees charged in both Delaware and Manhattan.
That’s what Enron’s employees argued. And it was why now-Sen. Cornyn, with Warren’s help, authored an amendment to the 2005 bankruptcy reform bill to ban venue shopping. At that same committee hearing, he asked her to explain her concerns about the practice.
“In the case of large corporations that can leave their home venue ― Enron, who can leave Houston, Texas, where its employees, where its pensioners, where its trade creditors reside ― and escape the obligation to make the process open to the thousands of people who are directly affected by the bankruptcy, that affects the bankruptcy system overall,” Warren said. “A fair bankruptcy system is one that retains access for the employees, for the pensioners, for the small creditors, and that means those cases need to stay home, not go to a distant location where they [the corporations] think they may get a better deal.”
Warren’s comment ― that corporations could “escape the obligation to make the process open” ― angered Biden.
“I find it outrageous such a statement,” Biden said before asking Warren if she thought Delaware courts weren’t open.
Delaware’s dominance in corporate bankruptcy cases is a side effect of its dominance in corporate charter registration. It’s also a huge cash cow for local businesses from law firms to hotels to restaurants. But to critics like Warren, it makes it easier for the little people to get screwed.
“Employees of companies like Enron literally cannot go to Delaware and hire local counsel, which the Delaware bankruptcy court requires them [to do] before they can make an appearance, and that effectively cuts thousands of small employees, pensioners and local trade creditors out of the bankruptcy process,” Warren tried to explain to Biden. “If they can’t afford it, they are not there.”
Before moving on, Biden declared that Cornyn’s amendment was going nowhere. Biden and his fellow Delaware senator, Tom Carper, threatened to withhold their votes from the bankruptcy bill if the venue shopping amendment was attached. Cornyn withdrew it under pressure from Republican leadership in order to placate the two Democrats.
That wasn’t the first time Biden had quashed an effort to stop venue shopping in corporate bankruptcy. “Most of these proposals were to remove an industry Delaware had built up and to get a piece of the action for themselves,” the former Biden Senate aide said.
“As long as Senator Joseph Biden of Delaware is in the Senate,” any possibility of venue shopping reform is “nonexistent,” Brady Williamson, the National Bankruptcy Review Commission’s chairman, observed in 2006.
When Warren won election to the Senate in 2012, she joined Cornyn as the Democratic co-sponsor on legislation to ban venue shopping. But the bill hasn’t moved in the Senate even though Biden is gone. Delaware’s current Democratic senators ― Carper and Chris Coons ― have taken his place as its biggest opponents.
“It’s another one of these ‘what’s good for Delaware and to hell with the nation,’” said Adam Levitin, a bankruptcy law professor at Georgetown University Law Center.
The Coming Debate
It’s no big surprise when senators promote their home state’s business interests. “I take it very personally when my colleague or a colleague in the Senate decides to take an action that would benefit his state only marginally but would do great damage to my state,” Biden said in 2004. “I take that very personally.”
Biden’s competitors for the Democratic presidential nomination have done it too. Sanders has supported stationing F-35 jets in Vermont, bringing jobs and dollars to his state. Warren and Sen. Amy Klobuchar (Minn.), whose states are both home to big medical device manufacturers, endorsed a bill to repeal the medical device tax included in the Affordable Care Act. And Sen. Cory Booker (N.J.), whose state is home to numerous pharmaceutical companies, voted against a proposal to lower drug prices.
What has made Biden’s parochialism so significant is that his state’s special interests are central to the structure of the U.S. — and global — economy. By putting his state first, Biden helped to build and protect the economic structure that Warren and Sanders blame for a wide range of Americans’ troubles. That is what the coming debates will be about.
CORRECTION: An earlier version of this story stated incorrectly that Biden voted against a 2005 amendment to bar wealthy bankruptcy filers from hiding assets in special asset protection trusts. He voted for it.
This article originally appeared on HuffPost.
I’m going to keep this short, folks, because I want you to read the newest story in the Delaware News Journal about TransPerfect, which I have been writing about for the last few years. I’ve read the story twice and I’d love to hear your opinion. It seems to me that sadly, Bouchard and his good-old-boy network, who continue to take money from TransPerfect every month still — 2 years after the sale — are powerful enough to influence News Journal coverage.
Read the story below and see if you agree that the Shawes, who are courageous enough to take on Chancery Court corruption using the Democratic Primary as a backdrop, are portrayed as the antagonist. I say they are really the victims, and they have been month after month to this very day of Skadden Arps continued court-ordered looting — for nothing of value in my view and in the view of employees — but this is sealed up, so how can we really know?
Read below, and as always, I look forward to your feedback.
Karl Baker | Delaware News JournalPublished 11:14 AM EDT Sep 6, 2019
Joe Biden’s latest political attacker is the mother of a scorned businessman who for years has feuded with Delaware over a court order to auction off his New York translation company.
Shirley Shawe purchased television ads in Iowa and New Hampshire that claim the former vice president supports a Delaware judicial system that “cuts out thousands of people who end up hurt by the court’s decisions.”
The ads are the latest in a furious public attack, brought by Shawe and her son, Phil, against Delaware and its status as a hub for business formations and corporate legal fights.
The offensive first arose in 2015 after the state’s Chancery Court ordered the sale of TransPerfect, a company that calls itself the “largest provider of language and technology solutions for global business.”
Chancery Court Chancellor Andre Bouchard ruled that infighting between the company’s founders — and ex-fiances — Phil Shawe and Liz Elting, had created “irreparable” harm” to TransPerfect employees and clients.
The two fought over corporate decisions with expletive laden emails and outbursts intended to thwart the other’s will. At times, it became extreme, such as when Elting poured water on Shawe’s head to end a meeting or when Shawe hid under Elting’s hotel bed and refused to leave during a business trip, according to court documents. Shawe denied the claim.
The New York Police even became involved after Shawe claimed Elting kicked him with her high heel.
During the Delaware proceedings, Bouchard also ruled that Phil Shawe had repeatedly lied under oath and intentionally destroyed evidence.
With Bouchard’s rulings effectively taking her side, Elting largely faded from public view. The Shawes took the opposite approach.
The rulings triggered a backlash from the Shawes as well as from numerous workers within the company. Arguing that a sale would tear the company apart, employees hired a high-profile New York public relations company, called Tusk Strategies, which then incorporated an advocacy company called Citizens for a Pro-Business Delaware.
What happened next were well-choreographed and well-publicized protests that appeared outside of Delaware’s Supreme Court in Dover. The demonstrations were composed largely of TransPerfect employees who had traveled from New York and Georgia, according to company officials.
Inside the Supreme Court was Shawe’s appeal of Bouchard’s ruling. At one point during the proceedings a shouting match erupted between celebrity attorney Alan Dershowitz and Delaware’s outspoken Supreme Court Chief Justice Leo Strine.
Separately, the Shawes attempted to lobby lawmakers to change state law to prevent the courts from ordering the sale of profitable companies. Phil Shawe also filed a federal lawsuit against Delaware, claiming the state law permitting Chancery Court to sell a private company violates the U.S. Constitution.
In 2017, attacks spread to Amazon’s search for a second headquarters when Citizens for Pro-Business Delaware announced that it would write a letter to the retail giant’s CEO, Jeff Bezos, urging him “to recognize the risks of considering Delaware” for the facility.
Citizens for a Pro-Business Delaware hold a press conference outside the Delaware Supreme Court in Dover, Del., before oral arguments in the case of Shawe & Elting LLC. (Jason Minto, The News Journal)
Citizens for a Pro-Business Delaware hold a press conference outside the Delaware Supreme Court in Dover, Del., before oral arguments in the case of Shawe & Elting LLC. (Jason Minto, The News Journal)
Today, the backlash has bled into national politics where Biden and about 20 other Democrats are vying for their party’s presidential nomination.
With ads targeting early primary voters, Shirley Shawe appears to be using Biden as a proxy for Delaware’s corporate franchise, which for decades has supported the former vice president as well as boosted state government revenues by billions of dollars.
The TV commercials are being paired with full page ads in national newspapers to form a half-million-dollar attack on Biden.
It is being launched just as the primary race grows more intense during the months before the Iowa caucuses, early next year. It also comes as Democratic rivals, such as Massachusetts Sen. Elizabeth Warren, chip into Biden’s lead among likely Democratic voters.
A spokesman for the Biden campaign said Shawe’s ads mischaracterize statements made during a tense exchange in 2005 between the then-Delaware senator and Warren.
Democratic presidential candidate former Vice President Joe Biden speaks to local residents during a community event, Wednesday, Aug. 7, 2019, in Burlington, Iowa. (Charlie Neibergall, AP)
Piggybacking on apparent criticism of the Delaware Chancery Court, the ad features an edited video of Warren stating that employees of companies with litigation in Delaware cannot hire lawyers to represent their own interests.
What the ad doesn’t show is that Warren states in the unedited version of the brief exchange that her critique is directed at the federal bankruptcy court, located in Delaware, not the Chancery Court.
“It’s a clear reminder of the way that third party money poisons our politics with false attack ads and it has no place in this race,” Biden spokesman Jamal Brown said in a statement.
In her own statement, Shirley Shawe said Biden expressed support for the Chancery Court in the video, “even if that is not the court Senator Warren was speaking about.”
Shirley Shawe, a Republican, also said she does not necessarily want her ads to boost Warren’s candidacy. Instead, it is “just the first in a planned effort to drive awareness.”
The Warren campaign did not respond to a request to comment.
Shirley Shawe, the mother of co-TransPerfect Chief Executive Phil Shawe and a 1 percent owner of the New York translation business, meets with Rep. Michael Ramone, R-Middle Run Valley, at Legislative Hall in Dover. (Jason Minto, The News Journal)
It’s the fees!
The Biden attack ads are the latest turn in an odd, yearslong saga that began with a battle over ownership of the profitable TransPerfect.
Phil Shawe ultimately won the fight in late 2017 after Elting sold her half of the company.
Still, Phil Shawe’s frustration with Delaware continued. He turned his ire toward what he said were millions of dollars of fees that a court-appointed custodian had charged the company following Bouchard’s ruling.
He said those bills have ranged between $70,000 to $140,000 each month.
“TransPerfect is still being charged,” he said in July. “And we’ve never been allowed to see an itemized bill.”
Shawe has formally challenged the legality of those fees with a lawsuit he filed in August in Nevada, the state where he now incorporates TransPerfect. The custodian — Robert Pincus, an attorney at the lawfirm Skadden, Arps, Slate, Meagher & Flom — responded to the suit by asking the Delaware court to impose a contempt order on Shawe for failure to pay the fees.
Pincus declined to comment for the story.
Meanwhile, a separate line of public advocacy continues to build in Delaware.
Chris Coffey, campaign manager for Citizens for a Pro-Business Delaware, addresses the media during a July press conference outside the Delaware Supreme Court in Dover before oral arguments in the case of Shawe & Elting LLC. (Jason Minto/The News Journal)
While Citizens for a Pro-Business Delaware once said its advocacy was on behalf of TransPerfect, it now calls itself a defender a good governance among judiciaries.
In July, the company launched an ad blitz in Delaware demanding transparency in courts and more diversity among its judges.
The ads are airing on local radio stations, on Twitter and in The News Journal. The group also held a rally in July in front of Delaware Superior Court in Wilmington where protesters held up oversized foam fingers that stated “Corrupt Chancery.”
While Citizens for a Pro-Business Delaware bears a resemblance to grass-roots advocacy, the group is led by Chris Coffey, a publicist who “specializes in creating major media campaigns that dominate news coverage for days and weeks at a time,” according to Tusk Strategies website.
The advocacy organization is funded by TransPerfect employees. Its incorporation documents lists its principal address along a highway in Atlanta. Still, in a column submitted to the News Journal, the group implies that its roots are in Delaware by using the pronoun “our” when referring to the Delaware Chancery Court, the Delaware state budget and the Delaware state government.
Coffey said he has never represented the group as one made up largely of Delawareans.
“The people who are paying us and are most active are TransPerfect employees, or former employees,” he said. “But did we go to the state fair? Did we go knock on doors and encourage people to sign up? … Yeah.”
Contact Karl Baker at [email protected] or (302) 324-2329. Follow him on Twitter @kbaker6.If Former Vice President Joe Biden Doesn’t Win, Delaware Democrats Can Point the Finger at One Person: Andre Bouchard
I told you so, folks! You heard it here first. You can’t go around doing, what I clearly see, as stealing $250 million and not expect to be held accountable for it! Andre Bouchard has led his band of cronies, happily, as I see it, milking a very-profitable, not-at-all “dysfunctional” and, in fact, quite successful company for millions upon millions of dollars. Did they think no one was watching? Did they think no one would see this injustice happening over the past few years?
You read it here first folks and now you’re reading about this story EVERYWHERE! CBS, Bloomberg News, U.K.’s Daily Mail (see below). This story is not only getting national headlines, it’s getting international headlines and it’s being talked about as the Democratic debates are about to heat back up and Delaware’s own Joe Biden and Democratic presidential hopeful Elizabeth Warren are both part of this international story!
You can’t have $250 million being siphoned off over the past few years from a very successful company without serious ramifications. While that money may have gone from TransPerfect to many lawyers associated with Andre Bouchard, and his comrades– Bob Pincus of Skadden Arps, Kevin Shannon of Potter Anderson, and Stephen Lamb of Paul Weiss — and now that missing money is now sparking a controversy the likes of which Delaware has never seen before! Folks, as I see it, we owe all of this negative attention and unflattering notoriety to Chancellor Andre Bouchard.
What’s happening is Shirley Shawe, the 79-year-old shareholder at TransPerfect and mother of CEO Philip Shawe, is fighting the “Good Ole Boy’s Club” and taking on the role of an Anti-Chancery Court, Corruption activist. By doing so, she’s holding former Vice President and current 2020 Democratic Presidential candidate Joe Biden accountable for his blind support of Bouchard’s Chancery Court.
This isn’t the first time she has taken on Chancery Court Corruption. Here are two examples of Shirley Shawe turning to the airwaves to fight Delaware Chancery Court corruption:
I’ve been forewarning about this, pounding the table, and demanding action from the legislature for the last few years. In my opinion, Chancellor Bouchard is undermining our State’s reputation and is detrimental to our entire state economy. I applaud fellow senior-citizen Shirley Shawe for having the courage and grit to take on the establishment cronies.
As always, your feedback is welcome!
Political unknown Shirley Shawe paid for the TV ads in Iowa and New Hampshire to show next weekShawe shared with DailyMail.com the ad is to ‘raise public awareness to the serious issues plaguing America’s most powerful business court’It is the largest third-party attack ad spend so far in the 2020 campaignThe ad includes a 2005 exchange between then Senator Biden and Elizabeth Warren – at-the-time a Harvard professor – as they discussed bankruptcy reformBut the ad dices up the dialogue between the two and suggests that they were speaking on the Chancery CourtTranscripts from the hearing reveal that Biden had just misspoke and confused bankruptcy courts with the Chancery Court, a point he later clarifiesBoth Warren and Biden have called for the ad to be pulled from the airShawe seems to be angry about a business dispute that impacted her son in 2015, more than ten years after the political exchange took place
PUBLISHED: 14:52 EDT, 29 August 2019 | UPDATED: 16:15 EDT, 29 August 2019
A Republican entrepreneur who released a perplexing ad decrying Joe Biden’s relationship with the Delaware Chancery Court has explained that she was angry at the presidential candidate for supporting the court that dissolved her business – costing her millions.
Shirley Shawe told DailyMail.com that she released the misleading advert as a means to ‘raise public awareness to the serious issues plaguing America’s most powerful business court.’
‘I was a personal victim of ageism, sexism, and corruption at the hands of Delaware Chancellor Andre Bouchard over the last five years; my constitutional rights were trampled and my private property was seized by a Delaware government body and put up for auction-and part of the justification for this was my age,’ she claimed in a statement to DailyMail.com.
She added the behavior was ‘typical of the “Old Boy’s Club” that runs Delaware.’
‘The Chancellor turned simple board deadlock into a 3 year occupation of the company I am part owner of, and caused over $250 million to be spent on the case, much of which directly benefited his social circle in Delaware.
Bouchard was sworn in as Chancellor in 2014, five years after Biden ended his time as Senator of Delaware and almost a decade after the footage Shawe used in her advert.
Shawe clarified that she sought to ‘encourage the candidates to drive reform’ with her ad that correctly identifies Delaware as getting an ‘F’ grade from the 2015 State Integrity Investigation that looks at ‘state government accountability and transparency.’
The ad includes a 2005 exchange between then Senator Biden and Elizabeth Warren – at-the-time a Harvard professor – as they discussed bankruptcy reform.
‘The Delaware court is too male, too white and anything but open,’ the ad’s narrator asserts in the advertisement.
In the ad, Biden speaks on how the Chancery Court are open and calls it ‘outrageous’ to suggest otherwise.
The clip then shows Warren ‘responding’ and seemingly pointing out how the Chancery Court impacts Delaware workers.
But, the clip actually chops up Warren’s entire comment and fails to contextualize Biden’s comment – especially once he realizes that the conversation is about bankruptcy courts and not the Chancery Court.
A transcript from the hearing shows that Biden realized his mistake and focused on Bankruptcy. Chancery was only ever mentioned in his initial comment.
‘Employees of companies like Enron literally cannot go to Delaware and hire local counsel, which the Delaware bankruptcy court requires of them before they can make an appearance, and that effectively cuts thousands of small employees, pensioners and local trade creditors out of the bankruptcy process,’ Warren said in the entirety of her quote. ‘If they can’t afford it, they are not there.’
Both Biden and Warren demanded the ad to be pulled, with the former Vice President declaring that the advert mischaracterized his remarks.
Shawe shared that she was ‘disappointed’ by the politicians reaction but added that it was not ‘unexpected’ for Biden to respond in that way ‘given his home state court’s attempt to silence me and treat me as less than a person for years.’
She continued: ‘It is typical of the “Old Boy’s Club” that runs Delaware.’
‘For Ms Warren, I suspect the Senator doesn’t yet fully understand how the Chancery Court harmed me and our 5000 workers worldwide. If she researches this case more deeply, I believe she will understand the facts and may have a different view.’
The Republican apparent endorsement of Warren – as seen on the ad – happens to just fall on that particular issue. Shawe said ‘who knows’ when commenting on who she would support for other issues and added that she and Warren agreed on this particular one.
‘The court needs to be brought up to 2019 and needs transparency,’ she stated. ‘I will keep fighting for that. This is just the first in a planned effort to drive awareness.’
Shawe’s grudge seems to stem from a costly legal battle that her son’s translation company, TransPerfect, fought in Delaware’s chancery court in 2015.
‘Two years after the case has ended, my company is still be billed outrageous sums per month by Skadden Arps, the Chancellor’s and the Chief Justice’s former employers,’ said the businesswoman. ‘We are required to pay these bills by court order, yet we are not allowed to see them, or even know what this work is for.’
She plans to run the television ad in early primary states Iowa and New Hampshire next week in what is the largest third-party attack ad spend so far in the 2020 presidential race.
The ad eschews mainstream campaign issues and instead focus on the Chancery Court, a legal system which Shawe blames for a business dispute that hurt her son’s company.
‘The Delaware court is too male, too white and anything but open,’ the ad’s narrator intones.
The 60-second ad shows Biden during a 2005 Senate hearing, in which he debated Elizabeth Warren, then a Harvard law professor.
The ad accuses Biden of defending the Chancery Court as Warren attacks it.
The transcript of the hearing shows that Warren was actually speaking about the bankruptcy courts, a separate forum of equity law, but Biden became briefly confused and referred to chancery court.
Delaware’s Court of Chancery oversees business disputes, though not bankruptcy, which is a federal matter.
The state’s chancery court has great influence due to the large number of companies that are incorporated in Delaware, which has business-friendly laws.
Both Biden and Warren, who are among top contenders for the Democratic presidential nomination, have called for the ad to be pulled.
‘The ad misrepresents Vice President Biden’s position in this exchange from 2005 by manipulating footage to suggest he means one court when he means another,’ Biden campaign national press secretary Jamal Brown told CBS News in a statement.
‘It’s a clear reminder of the way that third-party money poisons our politics with false attack ads, and it has no place in this race,’ he continued.
Warren also spoke out against the ad, even though it seems to cast her in a heroic light.
‘Elizabeth does not believe individual donors should have an outsized influence in this primary, and has consistently said that Super PACs or individuals with the means to finance ad campaigns on their own should stay out of the primary,’ her deputy communications director Chris Hayden said.
Shawe’s grudge seems to stem from a costly legal battle that her son’s translation company, TransPerfect, fought in Delaware’s chancery court in 2015.
In a landmark case, the head of the Delaware Chancery, Chancellor Andre Bouchard, ordered the dissolution of the company even though it was not in financial distress, but because its co-owners could not get along.
The court-ordered decision to sell TransPerfect came in 2015 after a chancellor concluded the feuding CEO’s Philip Shawe and Elizabeth Elting were ‘hopelessly deadlocked’ over significant matters and business decisions.
Shirley Shawe owned 1 percent of the company at the time of the forced sale, which resulted in her son Philip Shawe gaining ownership by bidding in the public auction.
Shirley Shawe launched a crusade against the chancery courts, however, lobbying lawmakers to banned forced sales like the one of TransPerfect.
‘When a judge makes a precedent and makes a ruling to just sell a privately held company, then why would other people be motivated to start a company and why would they be motivated to incorporate in the state of Delaware? If someone is just going to take their private property?’ Shawe told WMDT-TV in 2017.
Shawe has said through a spokesperson that she is a Republican and did not intend to boost Warren with her ad.
She has vowed to run to run the TV ads in spite of the candidates’ protests, and has also reportedly ordered print newspaper ads on the subject.
What is a Court of Chancery?
Chancery courts began with petitions to the Lord Chancellor of England, and developed into a parallel legal system along with common law courts.
Chancery dealt with issues of equity, or what is fair, rather than matters of law, and had a looser set of rules to speed to pace of proceedings.
Instead of judges, they had chancellors, and had jurisdiction over trusts and estates, guardianship over children and ‘lunatics’.
They also handled lawsuits requesting something other than financial damages, such as an order requiring a party to perform a specific act.
Some states in the early U.S. republic replicated this dual legal system, but the two systems were merged in England in 1875.
Today, the U.S. Bankruptcy Court operates as a court of equity at the federal level, and several states maintain separate court systems for matters of law and equity.
Delaware, Mississippi, New Jersey, and Tennessee still make a distinction between a ‘court of law’ and chancery court.OPINION
My Readers Respond! And they Don’t Like the Stench Coming From Delaware’s Chancery Court
Dear friends,
As you can see from the responses below, informed Delawareans don’t want what they’re seeing, and what I believe is happening: It apparently seems that a corrupt, Chancery Court Chancellor is single-handedly dismantling our State’s reputation. I sincerely thank you for your feedback on this amazing story that continues to draw national media attention. With over $250 million of company and shareholder money unaccounted for, much of it ordered to Bouchard’s former law firm Skadden Arps, this is in my view, perhaps the largest case of court corruption in United States history.
TransPerfect has not been permitted access to the bills that have been ordered by Bouchard to be paid. Want an example of how corrupt I believe Pincus and Skadden are?
Nearly two years after the case has been closed, TransPerfect is still paying millions annually to Skadden Arps. I know this is hard to believe, but this is the information I am receiving from my reliable sources in the company. To receive a “litigation hold notice” — which I am told is a one-page standard letter — telling parties in law suits to preserve evidence – Skadden Arps charged TransPerfect a whopping $140,000. It is insane that Bouchard thinks he’s powerful enough and untouchable enough that he can just seem to rub corruption right in the face of the public by condoning what I see clearly as court-sanctioned theft.
Below are a few of your recent responses that I have cut and pasted directly into this article. I have removed the last names to protect the individuals from possible reprisals by Bouchard, Pincus, Shannon, Strine and their powerful network of cronies:
Here is how Delawareans feel about these recent events:
1) From Pete:
For Bouchard to hold TransPerfect, et al in contempt only looks like a cover-up. This is corruption and it looks like these boys have a nice little act going. Skadden Arps is notorious for their iffy operation! Bouchard and Pincus are part of it! Thanks for your great work. -PETE
2) From Sarah:
Thank you for your wonderful coverage of this. Bouchard must be investigated! Sarah
3) From Alfred:
Judson,
I believe there has to be an investigation by the Delaware Senate? Alfred
4) From Chris:
This Judge Andre Bouchard has got to go! Thanks for keeping us informed! Chris
5) From Paul:
Interesting commentary. I wonder if the Nevada Courts will come into conflict with the Delaware Courts and will the Chancery’s attempt at a Contempt charge be valid now that TransPerfect has moved its corporate headquarters? Regardless, the system is layered with back-covering throughout.
6) From John:
Dear Jud,
They apparently are all in it together. Nobody has ever addressed the Chancery Court’s operation like you have. We in Delaware always prided ourselves on a pristine state with positive economics and honest courts. These appearances of impropriety are shocking. Keep up the great work. JOHN
7) From Tom:
Judson,
It seems in life, if there are loopholes people always find them. If there are flaws in the law, they find a way to be corrupt. The integrity of the justice system must be upheld at all costs. This stuff is outrageous and very disturbing. Thanks for writing this. TOM
8) From Patty:
Jud, Your great work is the talk of the town. This is amazing — you can’t make this stuff up. How does this guy Robert Pincus think he can get away with this? Bouchard must be so arrogant and comfortable in his position to operate the way he does. Who has the guts to do what is necessary??? Jud you are something else. LOL. All the best to you and keep it up. PATTY
9) From Dennis:
VERY INTERESTING!
10) From Laurence:
Hey Judson,
How can this happen? It seems logical that TransPerfect’s lawyers need to start talking to the AG’s office??
11) From Richard:
Remember the old saying, you can’t beat city hall. It is such a shame that we now have to be suspicious of an institution that was once so respected. I feel sorry for Mr. Shawe to have to go through this BS. Thanks for all you do. All the best, Dick
12) From Doug:
Judson,
This is scary stuff when the people we have to go to receive justice, could be corrupt. I won’t incorporate in Delaware anymore. Doug
13) From Laurie:
An amazing and thorough expose of something that needs to be exposed. What a story—there is a movie in this for sure. We wait for the outcome. Keep up the great work. Laurie
14) From Sally:
Judson, My first time responding to you in quite a while. This is heavy stuff. It seems that Bouchard is attempting to use every angle to maintain control and cover his tracks. The only way change will be made in the judicial system is for Delaware to make political change. You have done an excellent job bringing this to light. Keep up the good work.
I ask you, folks, who are seeing what’s happening here, could Andre Bouchard actually be attempting a cover-up? Will the Nevada courts rule in favor of TransPerfect? Can Chancellor Andre Bouchard actually and legally withhold evidence on the un-itemized and unexplained invoices in the amounts of millions of dollars submitted by the law firm of Skadden Arps?
The appearances of impropriety are mounting and you the citizens of Delaware are demanding action! I appreciate your interesting feedback; please keep your responses coming! We are making a difference!
Respectfully Yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
Folks, more developments are happening with the Skadden Arp’s law firm and Chancery Court Chancellor Andre Bouchard, who in my view, are working collaboratively to continuously bilk TransPerfect, nearly two years after the case!
What happens when you demand to see Skadden Arps’ bills after being Court-Ordered to pay the Chancellor’s friends millions blindly? Well, if you demand it in a fair forum like Nevada, what happens? Suddenly Skadden Arps — seemingly to hide their bills and deflect from allegations of massive over-billing — runs to their “never-lose-a-motion” buddy Bouchard, in what I see as a home-court advantage, that in my book violates every principle on which United States Justice is based.
Skadden Arps, Bob Pincus, and Andre Bouchard appear to be desperately trying to deflect attention from what I’ve seen as the real issue all along: Skadden Arps, show your bills!!! To the public, to the payor TransPerfect, to someone, anyone?
If you did the work you say you did, why engage in a deception and deflection, “Contempt” motion? Just show your ordered and itemized bills. It’s obvious to this journalist and my confirmed opinion, that your buddy Bouchard gave you a blank check and you possibly misused it!
In my opinion, TransPerfect should not have to defend a “Contempt” motion, being made so Skadden and Bouchard can divert attention from the real issue: Ordering TransPerfect to pay Skadden Arps millions after the Custodian retired, with apparently no explanation whatsoever.
Folks, it is my belief that Bouchard’s Chancery Court reeks of rampant appearances of impropriety with disconcerting suspicions of collusion and corruption.
Something must be done and I see from the onslaught of feedback you’ve been generously sending, it’s resonating with you as well. I’ll share the excellent feedback with you soon. Keep it coming! Together we can do something important here and bring about change in Delaware’s Court of Chancery.
Please stay tuned because yours truly will keep investigating and sharing with you frequently.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear Friends,
My sources have told me that after taking only 15 minutes to examine the motion, Bouchard has now granted a new motion clearly encouraging the Infamous Skadden Arps law firm, who I believe is acting in coordination and on behalf of the Chancery Court, to further retaliate against TransPerfect (now a Nevada Corp), Philip Shawe, and Shirley Shawe (79-year-old senior citizen). How? Through a “Contempt of Court” motion?
Outrageous and Absurd!
Why?
Because after still being looted by Pincus and Skadden Arps more than 1-year after the case, TransPerfect was forced to seek the protection of the Nevada Courts.
Can you blame TransPerfect for wanting to litigate in a fair forum?! For years Bouchard has made his buddies rich and now that TransPerfect is in Nevada, he needs a way to keep TransPerfect under his control and to keep the gravy train going.
This comes after the world’s longest series of arbitrary and capacious rulings, all coincidentally against TransPerfect and the Shawes and ALL FOR THE BENEFIT of his former law partners (Pincus, Lamb) and his best friend for 20 years, Kevin Shannon. $250 million was spent with lawyers and Bouchard’s friends, and sealed documents prevent the public from knowing why?
Want more proof that they are in cahoots? My understanding from folks I’ve talked to about this is that Pincus is contractually bound NOT to say bad things publicly about TransPerfect and Shawe — that’s one of the things Shawe paid for with his $385 million in Bouchard’s rigged auction — but now Bouchard has granted an extra-long motion for Pincus to basically do an end-run around his contractual guarantees not to talk negatively about TransPerfect or Philip Shawe.
Mark my words, Bouchard granted this unusually large extension motion, purposefully so he could aid and abet Pincus’ continued, and in my view, illegal, disparaging, defaming and looting of TransPerfect. In my opinion folks, Delaware’s Skadden office and their thinly-veiled coordination with Bouchard are a form of incestuous, organized crime. How else does it look, I ask?
Watch for what I think will happen based on conversations with a few of my attorney friends: Former appointed Custodian Robert Pincus writes a nasty motion with false claims and then illegally leaks it to the press — so that the Chancery Court can further retaliate against TransPerfect, Phil Shawe, and Shirley Shawe. OUTRAGEOUS FOLKS !
This is exclusive coverage brought to you by the Coastal Network! I have worked hard to cultivate sources inside the organization, who spoke with me under the strict condition of anonymity — out of fear of reprisal from Bouchard. Sound American? Not to this journalist!
Stay tuned!
Your comments are welcome and appreciated.
Yours truly,
JUDSON Bennett-Coastal NetworkDear Friends,
Finally, a lawsuit has been brought against Robert Pincus of Skadden Arps! The case has been brought by TransPerfect Global, which has spent over a million dollars in fees since the completion of the company’s sale, and yet they still don’t know what they’re spending all of that money on. The bills, as you may recall, are under seal by Andre Bouchard, Chancellor of Delaware’s Chancery Court.
Pincus was appointed as a custodian at TransPerfect Global, in essence, to break all ties between the company’s founders as they battled in court. Meanwhile folks, a referee is no longer needed! The case has long been solved and Pincus is still sending up to $90,000 in monthly invoices for undisclosed work to a company that no longer requires his services and has since moved its headquarters 2,500 miles across the country.
How absolutely ludicrous this man apparently is, thinking that he has the right to still be drawing funds from this company! What gives, Chancellor Bouchard?! If money is still being siphoned out of the company coffers, at least Mr. Bouchard, please have the leadership to let this company, which is no longer under your jurisdiction, know exactly what it’s paying for!
Folks, TransPerfect is apparently still paying bills (all unexplained or un-itemized and hidden) which have been imposed by Delaware’s Chancery Court even after the company has officially moved to Nevada, even after the sale is over, and even after I have been beating this drum and telling this heinous story for years now! Frankly, all this is significant and amazing to this investigative reporter!
Would Andre Bouchard keep paying a car payment for his Bentley to the car dealership, long after he had sold the car to his neighbor? I think not. Would he continue to pay for landscapers to cut the acres and acres of land at his estate if he had sold the place? You bet he would not!
The apparent audacity and arrogance of Andre Bouchard is simply astounding. As I see it, not only are the rules of the Chancery Court ancient and outdated, but this man presides over his court with personal and subjective decisions not based on previous law or logic.
Well guess what folks, TransPerfect Global has filed suit against Robert Pincus and frankly, in my humble opinion, it is about time. I see it as refreshing to see some light finally shining on the situation and hopefully Robert Pincus’ and Chancellor Bouchard’s suspicious ways will be exposed by this lawsuit.
Read the story below and let me know what you think!
As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
Skadden Partner Who Ran Transperfect Sale Hit With Fee Dispute
Mike Leonard – Bloomberg Law
Aug. 15, 2019
* Lawyer appointed by court to sell solvent but deadlocked company
* Recent fee requests vague and improper, new suit says
A former partner at Skadden, Arps, Slate, Meagher & Flom was hit with a lawsuit challenging the fees he wants for serving as tiebreaking director of Transperfect Global Inc. and running its forced sale after a controversial court ruling.
A Delaware judge in 2015 appointed Robert B. Pincus custodian of the translation company and ordered it sold at auction, finding that co-founders Liz Elting and Phil Shawe were incapable of running it after breaking off their romantic relationship.
A divided Delaware Supreme Court upheld the appointment in a 2017 ruling, rejecting the argument that the judge exceeded his authority by ordering a profitable company sold based solely on a leadership deadlock. The case attracted widespread attention, both for its tabloid-ready details and for the novel legal issues it raised.
Shawe subsequently bought out Elting at a “modified auction” and moved the company’s headquarters from Delaware to Nevada.
Pincus’s bills for his work in the matter came to between $58,000 and $90,000 each month from May to July this year, according to the partly redacted complaint Transperfect filed in Nevada’s Clark County District Court.
Those bills contained misrepresentations, including a request covering time spent as a witness that’s “not properly chargeable to the custodianship,” Transperfect says.
The judge “unwittingly” granted Pincus’s fee requests without realizing Transperfect hadn’t seen them, the suit says.
Because those reports were filed under seal, Transperfect doesn’t have specific information about what work was done, who did it, how long it took, or what the hourly rate was, the Aug. 12 complaint claims. Absent that information, the company can’t “assess the reasonableness of the amount of fees,” it says.
Skadden has demanded the money from Transperfect rather than taking it from an escrow fund established to pay Pincus’s fees, and has responded to questions by citing sealed court documents Transperfect can’t access, according to the complaint.
Skadden and Pincus didn’t immediately respond to Aug. 15 requests for comment.
Transperfect is represented by Brownstein Hyatt Farber Schreck LLP and Kruzhokov Russo PLLC.
The case is Transperfect Global Inc. v. Pincus, Nev. Dist. Ct., No. A-19-800185-B, complaint filed 8/12/19.
I have sensed for years that something was rotten in the
state of Delaware’s Court of Chancery, in general, but also specifically as it
relates to the TransPerfect case and the missing $250 million in legal,
custodian and consultant related fees. I promised my loyal readers that I would
find and pull on every loose thread of this case until my perceived web of
corruption that belongs to Andre Bouchard becomes totally unraveled for all to
see.
This new discovery is going to floor you, and what I believe
is the attempted cover up will floor you even more!
Three law firms, from my view, made out like bandits when
Bouchard started ordering TransPerfect Global and CEO Phil Shawe’s personal
money be paid around to his friends and former law partners like a feudal lord
in mid-evil times — and remember folks, no witnesses testified against either
Shawe or TransPerfect. These three firms benefited to the tune of millions of
dollars whose uncanny “coincidences” and connections to Bouchard
warrant a State and Federal investigation of Bouchard and his Cronies:
1. Skadden Arps – The former partner at Skadden, custodian
Bob Pincus, whose personal friendship I recall Bouchard bragged about when
appointing him. Also, this is where outgoing Chief Justice Strine started in
law, as Bouchard’s intern.
2. Potter Anderson – Perhaps, who I believe is the dirtiest
attorney in Delaware, Kevin Shannon, who seems to win cases without providing
evidence by attending tax-payer financed boondoggles with Strine and Bouchard
(who I hear from reliable sources that he golfed with and additionally,
traveled to New Orleans with, during critical points in the case!!!)
3. Kramer Levin – Whose seemingly outrageous lies to the
Delaware Supreme Court were called out in a nationally televised advertisement.
What was their penalty for all of this? A victory. What’s the Bouchard
connection? Kramer, Bouchard, and Kevin Shannon all worked together on the
infamous Walt Disney case years ago, where they argued against shareholder
interests. I have heard from reliable sources, that Gary Naftalis is a named
partner at Kramer Levin who comes down to hob nob with Strine and Bouchard;
sometimes he’s the only non-Delaware lawyer in attendance at a Delaware
conference?
4. Paul Weiss – The fourth firm who made out like John
Dillinger — and had no apparent connection to Bouchard…UNTIL NOW!!!
The Fourth Firm—HERE IS THE RUB FOLKS :
This firm, which no one has spoken about until now, in August
of 2016, as reported in the New York Law Journal, Chancellor Bouchard ordered
Shawe to pay Elting’s lawyers an outrageous and unconstitutional fine of $7.1
million — an order un-related to any “harm” or
“compensation” in the case, as the law requires — and the largest
such sanction ever in U.S. history. Bear in mind: Shawe denies all claims and
has maintained his innocence at all times. All witnesses testified for
Shawe–clearly stating that there was no wrong-doing of any kind. How did Paul
Weiss win? Keep reading.
Paul Weiss benefits immensely — and no one made the
connection before now. Why? Perhaps an orchestrated cover-up on a grand scale?
Who was the most Senior Paul Weiss lawyer in Delaware at the
time? Who gained the most in the Paul Weiss DE office? You won’t believe it
when I tell you: Former Chancellor Steven Lamb. Bouchard’s first firm, when he
left Skadden Arps (if he ever really left – it appears to me he still might
have a financial interest in their success), take a seat before reading the
next line: Bouchard’s very first firm of his own was: BOUCHARD AND LAMB!!!!
You may not believe me that this is the truth, because it
boggles honest minds. Folks, I have done hours of digging and digging to
establish the only remaining connection of Bouchard to all the law firm
benefactors of the crazy decisions in the TransPerfect case. Irrefutable proof
of the Bouchard-Lamb connection is in the link:
So many dots are connected here. Andre Bouchard has, in my opinion, hit for the proverbial “corruption” cycle ( a baseball term for those of you who don’t know) by helping 4 different law firms, all of which he is intimately connected to! He helped them make millions upon millions of dollars by his seemingly biased decisions from the TransPerfect Global case.
The Cover-Up!!!
Chancellor Bouchard prior to his appointment to the Chancery
Court was partners with Stephen Lamb! Stephen Lamb after serving on the
Chancery Court himself then moved back into private practice with the law firm
of Paul Weiss. Fast forward to the TransPerfect case in 2016 and Kramer Levin
hires the Paul Weiss firm to work on the case representing Shawe’s former
partner at TransPerfect– Liz Elitng. Specifically, they were hired to work on
the allegation that Shawe spoliated evidence which, according to the testifying
employees, were NOT able to prove in any way, shape, or form. The bottom line
is that nobody needs proof if Bouchard’s court is corrupt and rigged for his
cronies to win?
Yet when all the papers were served on behalf of Elting by
Paul Weiss, absolutely no mention was made of former Chancellor Lamb’s name. It
wasn’t until I was doing some research and saw an article where Paul Weiss was
claiming victory, did I notice that one of the attorneys taking credit for the
victory was Stephen Lamb! No other public document I can find anywhere even
lists LAMB on the TransPerfect case!!! Another coincidence?? In Bouchard’s
court, there seems to be a lot of coincidences. Yet, we know from this evidence
he was on the team taking Shawe’s and TransPerfect’s money with Bouchard’s
help.
HELLO — They brag about his specific role on the Paul Weiss
website!?!?!
I will issue a challenge to all those mentioned, who have
never denied these inferences: To Chancellor Bouchard, Former Chancellor Lamb,
Kevin Shannon, various Kramer Levin attorneys, who in my opinion, boldly lied
to the Delaware Supreme Court with no repercussions!
COASTAL NETWORK’S CHALLENGE: Prove to me there was no
cover-up and no hidden agenda. Indeed, this is the appearance of impropriety.
Show me one official court document other than the Paul Weiss Web Site, that
mentions LAMB’s involvement in the TransPerfect case — and I will discontinue
this line of inquiry. In my opinion, Bouchard had a legal duty to inform Shawe
that he was formerly in business with Chancellor Lamb, He should have recused
himself, but he did not! Folks, any reasonable man would see this as a serious
conflict of interest.
This is the most damning evidence of corruption, in my
opinion, an investigative reporter could find, as it proves to me that this
coordinated group had the intent to hide their wrong-doing. There is no other
explanation from my educated perspective. How long will we let this infamous
boy’s club of incestuous characters operate by sucking the life out of Delaware’s
corporations, Delaware citizens, and Delaware’s reputation?! On behalf of the
Coastal Network and my 6,000 readers, I again call for a bi-partisan
investigation of Chancellor Andre Bouchard by the General Assembly!
Would love to hear your thoughts on this stunning discovery.
Your feedback is always welcome.
As I see it, TransPerfect & Shawe never had a chance at
fair trial with this what I call “murder’s row” of Bouchard’s cronies…
“The Delaware Supreme Court upheld the court-ordered sale of
TransPerfect Global, Inc. and unanimously affirmed the $7.1 million sanctions
award in favor of Paul, Weiss client Elizabeth Elting. Elting and Phillip Shawe
are the co-founders and co-CEOs of Transperfect, one of the world’s largest
document-translation and discovery-services companies. Since 2014, they have
been in litigation in Delaware and New York over the control of the company.
Elting is represented by Kramer, Levin, Naftalis & Frankel and Potter,
Anderson & Corroon in the corporate-control battle.
In late 2014, Elting tapped Paul Weiss when Shawe revealed
that he had secretly accessed Elting’s lawyer-client communications. Paul Weiss
then uncovered that Shawe had attempted to destroy files on his laptop, had
failed to safeguard and produce text messages on his cell phone, which he
claimed was destroyed when it fell in a cup of Diet Coke, and had repeatedly
lied under oath about his conduct. Paul, Weiss tried the two-day sanctions
hearing and represented Elting in her successful post-hearing briefs and in
defending against Shawe’s sanctions appeal.
OPINION
Dear friends,
Yet again, just in case anyone thinks the damage Chancery Court, Chancellor Andre Bouchard has done to Delaware’s reputation is confined to just Delaware or just the United States of America, you’d be incorrect. Here is yet another article from a Spanish newspaper.
The article highlights and underscores exactly what I’ve said for months, if not years. There are many changes that need to be made to fix our Chancery Court. I hope we have the courage and conviction to take on the “good old boy’s club” who, in my view, could easily be profiting from corruption under the current system — of course those who might be profiting will resist change with every bit of wealth and power and close-door favors they can muster.
The Super Bowl for court and government transparency in Delaware is about to begin. The battle lines are drawn and it’s almost kick-off time for the Citizens vs. Bouchard and his cronies. The Coastal Network promises to give my readers a front row seat on the 50-yard line.
Please stay tuned and keep your feedback coming, it is always welcome.
Respectfully yours,
JUDSON Bennett-Coastal Network
PLEASE SCROLL DOWN TO READ THE SPANISH ARTICLE
https://cronicaglobal.elespanol.com/business/transperfect-lucha-sistema_265299_102.html
TransPerfect employees lead the fight against system bias
Citizens for a Pro-Business Delaware was born as a result of the multinational’s case to defend workers’ interests against the possible sale of the company to vulture funds
30.07.2019 12:39 h
.
When many believed that the TransPerfect case was over, it seems that the struggle of the workers and former workers of the translation multinational has only just begun. Citizens for a Pro-Business Delaware citizen platform has presented in Wilmington a proposal for legal reforms that aim to restore the prestige and neutrality of the Delaware judicial system. These were questioned following some controversial decisions by Delaware Supreme Court judge Andre Bouchard .
Citizens for a Pro-Business Delaware was born as a result of the TransPerfect case to defend the interests of workers against the possible sale of the company to vulture funds . It is currently made up of employees and former employees of the company, Delaware residents and people from the state’s business sector. All of them total more than 2,700 people. Once the shareholder conflict is resolved, the platform has now expanded its struggle and, beyond focusing on the TransPerfect case, wants to restore the neutrality and good practices of the Delaware judicial system. The organization is chaired by Miranda Wessinger, former director of global events at TransPerfect in Atlanta.
The TransPerfect case
The TransPerfect litigation that endangered more than 5,000 jobs worldwide, 500 of them in Barcelona, ended when Phil Shawe, current CEO and founder of the company, bought 50% of the shareholding . Until then it was in the hands of his ex-wife Elisabeth Elting . Shawe stayed that way with the entire company and regained its business strategy . However, the judicial process in which the company was involved called into question the reputation of the State of Delaware, where TransPerfect had the administrative headquarters before transferring it to Nevada for its disagreement with the state judicial system.
During the judicial conflict, the State of Delaware led by Bouchard made decisions that cast doubt on its impartiality and hinted that several law firms could have made a profit with the consent of Judge Bouchard. This same judge made the decision to hide from the public the judicial file of the case once it had been concluded, thus incurring in an absolutely unusual decision and that left the judicial law according to several experts. Today, the file remains inaccessible to the public, something that has fueled suspicions about the judicial management of the case .
Loss of neutrality
In this context of disappointment and frustration on the part of the citizens of Delaware, the US Chamber of Commerce published a ranking of neutrality of the judicial systems of the country where Delaware dropped from first position to eleventh, leaving in evidence the latest decisions taken by the state.
Despite adverse circumstances, Phil Shawe’s company continues to grow exponentially and the first three months of 2019 recorded revenues of more than 140 million euros, which implies an increase of more than 8% over the same period from the previous year.OPINION
Dear Friends,
Apparently, the article I wrote about Cindy Green (Sussex County, Delaware’s elected Register of Wills) has gone viral in Sussex County, and was even picked up by the County Communications Director, Chip Guy, and published in its Sussex County News Digest which is an internal memo to County employees—not to be distributed to the public. I heard about it through my sources and verified it.
It is important to mention again that Cindy Green is directly responsible for upgrading this important office with computerization and electronic documentation. She is publicly supporting change in the Delaware Court of Chancery. The articles referenced about Bouchard and TransPerfect, which I wrote, are on the website, “Spotlight on Delaware”.
Here’s a link to the website: https://spotlightondelaware.com
Cindy Greens’s support for change is significant, because here we have an elected official advocating specific action. Her office is directly affected by Andre Bouchard, the Chancellor of the Chancery Court, which appoints the Chief Deputy of Cindy’s office. She told me last week that “The Chancery Court needs to be changed with clear transparency.” And when I inquired if she would like to see Bouchard not reappointed or removed from office, her response was calm and thoughtful, “Yes, he is not good for Delaware.”
Please read for the first time, or read again my article below on Cindy Green which is having a strong impact. As Cindy Green is doing, please consider supporting the growing number of concerned citizens who recognize the need for reform in Delaware’s Court of Chancery!
There is much more to come. Stay Tuned!
Respectfully yours,
JUDSON Bennett-Coastal Network
Cindy Green – our Sussex County Register of Wills – A Great Elected Official in Delaware Advocating Chance!
Cindy Green, Our Sussex County Register of Wills, A Great Elected Official in Delaware Advocating Change!
BY JUDSON BENNETT ON JULY 30, 2019
I was extremely pleased to see Cynthia (Cindy) Green of Sussex County earlier this month. She’s Republican and Sussex County, Delaware’s elected “Register of Wills.” We saw one another at a press conference, held in front of the Court House in Wilmington on July 10th, sponsored by “Citizens for Pro Business Delaware”, an advocacy group that is promoting transparency and reform in the Delaware Court of Chancery. Interestingly, Cindy Green is indirectly responsible for why I started covering Andre Bouchard, before the infamous TransPerfect case even began.
She is a lifelong Sussex Countian and resident of Greenwood, Delaware. Unlike most politicians, who from my perspective don’t keep their promises, Cindy Green has and does! After being elected in 2010 on a platform — promising to advocate for low taxes, keeping the government closer to the people and maintaining local control of the “Register of Wills” office, while bringing this important office into the 21st Century by computerizing the whole system, installing modern software, and upgrading the office to modern standards. Cindy Green has surely kept her promises!
She also fought at Legislative Hall in Dover against a bill advocated by Andre Bouchard to take over control of all three county offices which would have increased the Chancellor’s power, but would have decreased the efficiency and operation of estate settlements, creating another, unruly, state bureaucracy. Cindy fought against it and the bill didn’t pass. The fact that Bouchard was there, and actually lobbying, was yet another violation of the Delaware “Cannons”, designating judicial behavior, which I will address soon in this article.
One of the rubs that got my attention about Chancery was the absurd rule granting the Chancellor power to appoint the Chief Deputy of the “Register of Wills” office. It is traditional and indeed prudent for the Chancellor to receive recommendations from the Registrar (Cindy Green), and make the appointments accordingly.
Instead of honoring Cindy’s recommendation of someone who already worked in the office and was truly the most qualified for the job, Bouchard appointed one political, incompetent or unqualified person after another that compromised the efficiency of the office. I wrote my opinionated allegations of his misconduct directly to Bouchard and he wrote me back a letter attempting to defend himself by explaining that the law gave him unfettered rights to appoint whomever he wants, regardless of the qualifications.
This was my first experience with Bouchard’s suspect decisions, high tolerance for his own appearances of impropriety, and hubris that apparently prompts him to operate with impunity.
Later, Bouchard, in my opinion, violated “Cannon 4, Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates” — when he appeared before a political committee at Legislative Hall to lobby for the passage of a bill affecting the Register of Wills offices in an attempt to take them over. Cindy Green objected, but the power of the “good old boy’s club” prevailed and Bouchard lobbied away, directly violating ethical rules that govern a Judge’s conduct.
Canon 4 – “A judge should refrain from political activity inappropriate to the judge’s judicial office. Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates.”
Thankfully, Bouchard did not profit from his misconduct, his bill didn’t pass, and Cindy Green retained her leadership position.
Cindy Green agreed to speak with me on the record for this article and I was able to ask her about “The Citizens” movement for transparency and reform in the Chancery Court. She replied, “I support their activities 100%. What they are doing is much needed. The Chancery Court needs to be changed with clear transparency.”
I further asked her if the Chancellor should be removed from the process of appointing the Chief Deputy to her office. Cindy responded, “Yes. I was elected by the people to run that office. I know who the best employees are, what is needed and who should work on my team. I don’t need a political judge to tell me who should work in my office. It is absurd. Time for a change. Perhaps, ‘Citizens for Pro Business Delaware’ will get this law changed along with other needed changes,” she said. I further inquired if she would like to see Bouchard not reappointed or removed from office. Her response was calm and thoughtful, “Yes, he is not good for Delaware.”
Folks, I believe Cindy Green is a remarkable woman. She serves the people of Sussex County with dedication and resolve. She is what I call “GOOD PEOPLE”.
Indeed she did all of these things, despite legal and administrative difficulties brought on by Chancellor Bouchard. Having worked in family care, prior to running for office, Cindy is well aware of the trauma and stress that occurs when people die and the dire need for immediate access to wills and important estate records. In the not so distant past, the whole antiquated system of the “Register of Wills” office was done by hand and paper. Now, it is streamlined and efficient, serving the people as it should. All estate records are now being kept electronically, thanks to Cindy Green.
All of this happened because of Cindy and I cannot say enough about the courage of this kind, conservative, Christian woman who constantly and humbly works to improve her office and serve the people of Sussex County properly and efficiently. On behalf of all Delawareans who have benefited from your hard work, I thank you Cindy Green! You have clearly demonstrated your dedication to the smooth operation of your office!
As always your comments are welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal Network
OPINION
Dear friends,
I was extremely pleased to see Cynthia (Cindy) Green of Sussex County earlier this month. She’s Republican and Sussex County, Delaware’s elected “Register of Wills.” We saw one another at a press conference, held in front of the Court House in Wilmington on July 10th, sponsored by “Citizens for Pro Business Delaware”, an advocacy group that is promoting transparency and reform in the Delaware Court of Chancery. Interestingly, Cindy Green is indirectly responsible for why I started covering Andre Bouchard, before the infamous TransPerfect case even began.
She is a lifelong Sussex Countian and resident of Greenwood, Delaware. Unlike most politicians, who from my perspective don’t keep their promises, Cindy Green has and does! After being elected in 2010 on a platform — promising to advocate for low taxes, keeping the government closer to the people and maintaining local control of the “Register of Wills” office, while bringing this important office into the 21st Century by computerizing the whole system, installing modern software, and upgrading the office to modern standards. Cindy Green has surely kept her promises!
She also fought at Legislative Hall in Dover against a bill advocated by Andre Bouchard to take over control of all three county offices which would have increased the Chancellor’s power, but would have decreased the efficiency and operation of estate settlements, creating another, unruly, state bureaucracy. Cindy fought against it and the bill didn’t pass. The fact that Bouchard was there, and actually lobbying, was yet another violation of the Delaware “Cannons”, designating judicial behavior, which I will address soon in this article.
One of the rubs that got my attention about Chancery was the absurd rule granting the Chancellor power to appoint the Chief Deputy of the “Register of Wills” office. It is traditional and indeed prudent for the Chancellor to receive recommendations from the Registrar (Cindy Green), and make the appointments accordingly.
Instead of honoring Cindy’s recommendation of someone who already worked in the office and was truly the most qualified for the job, Bouchard appointed one political, incompetent or unqualified person after another that compromised the efficiency of the office. I wrote my opinionated allegations of his misconduct directly to Bouchard and he wrote me back a letter attempting to defend himself by explaining that the law gave him unfettered rights to appoint whomever he wants, regardless of the qualifications.
This was my first experience with Bouchard’s suspect decisions, high tolerance for his own appearances of impropriety, and hubris that apparently prompts him to operate with impunity.
Later, Bouchard, in my opinion, violated “Cannon 4, Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates” — when he appeared before a political committee at Legislative Hall to lobby for the passage of a bill affecting the Register of Wills offices in an attempt to take them over. Cindy Green objected, but the power of the “good old boy’s club” prevailed and Bouchard lobbied away, directly violating ethical rules that govern a Judge’s conduct.
Canon 4 – “A judge should refrain from political activity inappropriate to the judge’s judicial office. Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates.”
Thankfully, Bouchard did not profit from his misconduct, his bill didn’t pass, and Cindy Green retained her leadership position.
Cindy Green agreed to speak with me on the record for this article and I was able to ask her about “The Citizens” movement for transparency and reform in the Chancery Court. She replied, “I support their activities 100%. What they are doing is much needed. The Chancery Court needs to be changed with clear transparency.”
I further asked her if the Chancellor should be removed from the process of appointing the Chief Deputy to her office. Cindy responded, “Yes. I was elected by the people to run that office. I know who the best employees are, what is needed and who should work on my team. I don’t need a political judge to tell me who should work in my office. It is absurd. Time for a change. Perhaps, ‘Citizens for Pro Business Delaware’ will get this law changed along with other needed changes,” she said. I further inquired if she would like to see Bouchard not reappointed or removed from office. Her response was calm and thoughtful, “Yes, he is not good for Delaware.”
Folks, I believe Cindy Green is a remarkable woman. She serves the people of Sussex County with dedication and resolve. She is what I call “GOOD PEOPLE”.
Indeed she did all of these things, despite legal and administrative difficulties brought on by Chancellor Bouchard. Having worked in family care, prior to running for office, Cindy is well aware of the trauma and stress that occurs when people die and the dire need for immediate access to wills and important estate records. In the not so distant past, the whole antiquated system of the “Register of Wills” office was done by hand and paper. Now, it is streamlined and efficient, serving the people as it should. All estate records are now being kept electronically, thanks to Cindy Green.
All of this happened because of Cindy and I cannot say enough about the courage of this kind, conservative, Christian woman who constantly and humbly works to improve her office and serve the people of Sussex County properly and efficiently. On behalf of all Delawareans who have benefited from your hard work, I thank you Cindy Green! You have clearly demonstrated your dedication to the smooth operation of your office!
Folks, as always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
Dear Friends,
The Delaware Court of Chancery, is supposed to be an “EQUITY COURT”. Folks, equity basically means fairness. It is about doing what is right, finding compromise and equitable solutions. One way you can tell how fair and just an organization is, is how it treats its own people.
I’ve just learned about a story that is the ultimate in hypocrisy and hubris by Chancery Court Chancellor Andre Bouchard. This is the guy who appears at conferences with attorneys from ongoing trials and generally seems to scoff at being seen in public with people involved with these trials. You may recall my recent column about the boondoggling schedule I was able to come up with by Googling Kevin Shannon of Potter Anderson, Andre Bouchard and Leo Strine in and around the 5-years of shame related to the TransPerfect Global case.
Contrast that to the Court of Chancery job termination of Donna White in November 2017. Donna shared her heartbreaking story at the press conference I attended on July 10th in front of the Courthouse in Wilmington, Delaware.
Her story: Donna White is an African American woman who is articulate, educated, creative, and efficient. She was one of Chancellor Andre Bouchard’s clerks who worked in the Chancery Court faithfully and efficiently for 7 years. According to her testimony, she was fired without warning, reprimand or compassion for sending an insignificant 4-line e-mail to Facebook CEO Mark Zuckerburg. She asked his advice on a patent she owned and developed, well after his case was over and settled. She was treated coldly and without regard by Bouchard and the “Good Old Boys Club” of old white guys in the Chancery Court, who in my opinion commit far worse infractions daily without any penalty!
Frankly, I consider this termination of Donna White’s employment by Andre Bouchard the absolute epitome of hypocrisy. Think about the appearances of impropriety and the conflicts of interest that are apparent in Bouchard’s Court. There should be no doubt about the integrity of these Courts. Unfortunately, I see them as suspect.
Bouchard, ultimately is responsible for hiring and firing and maintaining the fair and smooth operation of the court’s business by his employees. When I compare that to Donna White’s situation, the grotesque inequity and absurdity of it all is truly disconcerting. His treatment of Donna White, who has more class in her little toe than Bouchard has in his entire being, is indeed outrageous. Andre Bouchard, in my view, is not good for justice, business, nor Delaware. The law must be changed so that transparency and fairness is reinstated in Delaware’s Court of Chancery.
Donna White, for an insignificant technical violation of the “code of conduct,” has been without unemployment or medical benefits for over two years. I did some investigating on my own and have learned that this lady filed an EEOC complaint against a fellow employee for harassment. It appears that perhaps Ms. White rocked the “Good Old Boys Club” boat and her termination was possibly based on revenge and a way to cover up an embarrassing situation for the Chancellor and his cronies? From my experience this is a typical move from a tyrannical and insecure person who should not be in charge. Furthermore, Donna White has written, appealed, called, etc. without response or reasonable explanation.
Interestingly, at a fabulous party I attended at the Hotel DuPont, Donna White and her two sons sat at my table. I was very impressed with this friendly, outgoing woman, who has been terribly wronged. Her two sons were gentlemen with tremendous drive for education and economic success. At the table was Kris Jenkins of Villanova basketball fame and Brent Celek, tight end for the Super Bowl Champions, Philadelphia Eagles. The interaction between us all was memorable. Donna White is a lovely person who deserves better than what she got from Andre Bouchard.
Please click on this link to watch the Press Conference which I attended and you will see and hear Donna White speak. She starts speaking about 10 minutes into the video.
As always your comments are welcome.
Respectfully Submitted,
Judson Bennett-Coastal Network
OPINION
Dear Friends,
Here are some predictions from Citizens for Pro-Business Delaware “OVER THREE YEARS AGO” in Reuters. This was back when Delaware’s business rating was still number #1. We are now not even in the Top 10 any more?!?
If legislators had stepped in to limit the Chancellor’s power and addressed what I, and thousands of others, view as corruption in the Chancery Court, perhaps Delaware wouldn’t be #11. We can’t change the past, but we can sure as hell change the future.
Former Delaware, Chief Supreme Court Justice, Leo Strine has stepped down. The Puerto Rican Governor is stepping down. Perhaps it’s time for Andre Bouchard to step down and let the Chancery Court modernize, move forward, and return to its former glory?!
As always your comments are welcome and appreciated.
Unusual Media Blitz Rips Top Judge of Delaware’s Corporate Court
Tom Hals
(Reuters) – A bitter boardroom battle has prompted an unusual media blitz in Delaware that warns residents that the state’s nationally renowned corporate court is on the cusp of destroying Delaware’s pro-business reputation.
The ads by employees of TransPerfect Global Inc stem from a ruling in August that was aimed at breaking years of deadlock between the translation services company’s co-owners, Elizabeth Elting and Philip Shawe.
Elting convinced the Court of Chancery to order the company sold, a move opposed by Shawe. Last month, employees of New York-based TransPerfect wrote to the judge, Chancellor Andre Bouchard, saying they feared for the survival of TransPerfect, which despite years of dysfunction, had grown to have $500 million in annual sales and 4,000 staff.
As Bouchard prepares to issue a final order any day detailing the sale process, radio and print ads, a website and 20,000 flyers have been sent to Delaware residents blasting the judge for his “stunning act of governmental overreach.”
“Tell Chancellor Bouchard to leave our company alone and our business is our business,” said the flyers, which included the direct phone number for Bouchard’s chambers. “Chancellor Bouchard is turning Delaware into a bad place for business.”
The state prides itself for being friendly for business, and the U.S. Chamber of Commerce has named the Court of Chancery as the nation’s best for more than a dozen years.
IMPORTANT !!!!!
I am asking you to click on this link and watch this video:
Please take a quick look and let me know what you think. I
am preparing a feedback piece. Send your comments as soon as you can, as the
response has been strong! I would like to thank the legislators who have
responded as well, and I want your voice to be heard too!
15 minutes into it you will see me asking a probing
question.
I believe that Delaware’s absolute, basic, economic, moral,
and ethical future is at stake here!
The link will take you to a video showing the beginning of an important movement! It started with a press conference (shown in the video) that is going to affect the future of Delawareans for years to come!
https://videopress.com/v/xHHMEsRd
I attended the press conference in front of the Court House
in downtown Wilmington, Delaware on July 10th. The “Citizens for Pro Business
Delaware” event was led by their Chairman, Chris Coffey.
Thank you for taking the time to view this important video.
https://videopress.com/v/xHHMEsRd
Your comments are welcome and appreciated!
JUDSON Bennett-Coastal Network
Dear Friends,
IMPORTANT !!!!!
I am asking you to click on this link:
Please take a quick look and let me know what you think. I am preparing a feedback piece. Send your comments as soon as you can, as the response has been strong! I would like to thank the legislators who have responded as well, and I want your voice to be heard too!
15 minutes into it you will see me asking a probing question.
I believe that Delaware’s absolute, basic, economic, moral, and ethical future is at stake here!
The link will take you to a video showing the beginning of an important movement! It started with a press conference (shown in the video) that is going to affect the future of Delawareans for years to come!
I attended the press conference in front of the Court House in downtown Wilmington, Delaware on July 10th. The “Citizens for Pro Business Delaware” event was led by their Chairman, Chris Coffey.
Thank you for taking the time to view this important video.
Your comments are welcome and appreciated!
JUDSON Bennett-Coastal Network
My onsite coverage of the “Citizens for Pro Business
Delaware” 100+ person press conference has paid off for Coastal Network
readers. From an anonymous source, I have obtained a video of the entire July
10 event held right in front of Bouchard’s Chancery Court in Wilmington,
Delaware.
It was an energetic and well-attended press conference,
presided over by anti-corruption activist Chris Coffey, the campaign manager of
“Citizens for Pro Business Delaware.” Others spoke too, including Donna
White, an African-American woman who was terminated from her job at the
Chancery Court for sending an email asking if Mark Zuckerburg would look at her
App!!?? Meanwhile Kevin Shannon and Chancellor Andre Bouchard golf together
during the case, travel to New Orleans together during the case, and I believe
decided this case at the Country Club. It certainly wasn’t decided in the court
room with no witnesses appearing for Shannon’s side, folks. That’s how I
clearly see it.
As Coffey puts it, Bouchard and his cronies in the Delaware
Old Boys Club “get away with murder” each and every day compared to
what Donna White did, yet she was escorted out of the building and treated like
a criminal–given only 10 minutes to collect her belongings and to say goodbye
to co-workers of 7 years!?!
The double standard, hypocrisy, and potential racism here
only rivals the ageism, sexism and contempt that Chancellor Bouchard and 4 out
of 5 justices on the Supreme Court (all the male judges) showed litigant
Shirley Shawe in the TransPerfect debacle. How could it be that female, senior
citizen, Shirley Shawe’s only victory in the first 5 years of this entire case
was from a woman jurist, Delaware Supreme Court Justice Valihura? It’s
mathematically impossible that this is a coincidence, as the Good Ole Boy
cronies would have us believe. They are making millions off innocent
shareholders with their back-room Country Club deal, scratching each other’s
backs, and trading favors with their rich and powerful friends. And what
happens to Chancery’s real life victims like Donna White? She has been denied
health insurance and unemployment benefits! I’m telling you folks, I believe
Andre Bouchard is not only corrupt, but also sadistic–and, in any case, lacks
any shred of the ethical fiber required to fill the Chancellor position. The
great state of Delaware deserves better. Listen to the press conference, where
Donna takes the podium and tells her story here…
I asked a question of Coffey during the press conference,
which I wrote about in my last column. You will see that here, as well as other
suggested anti-corruption reforms that appear like common sense to this
journalist. The Delaware Citizens group now fighting for reform has 2,700
members which includes TransPerfect employees who were negatively impacted by
Bouchard’s decisions along with other concerned Delawareans.
By the way, I commend the Delaware Business Times for
covering the major events of July 10th, and I wonder which Ole Boys Club member
or creepy Skadden Arps friend of Bouchard called the News Journal to get them
to kill the story? Brent Celek from the Philadelphia Eagles and Colin Jost from
Saturday Night Live came to Wilmington and joined those calling for Chancery
reform at the Hotel DuPont. How is it you can Google the News Journal’s entire
site, and read nothing about this important day at the Chancery Court? Mark my
words, Bouchard and the “Limousine Liberals” who run this state and
prey on its citizens are powerful, so powerful, they are dangerous to Delaware,
to anyone who incorporates here. But fear not, the Coastal Network cannot be
intimidated into killing stories or masking the truth–stay tuned here folks,
for coverage on Chancery actions and other injustices in Delaware.
As of press time, I know of no other media outlet who has obtained this tape. Enjoy watching the coverage and share it with folks who may want to see it.
I had the unique experience of covering an unusual day for Delaware and the Coastal Network, on Wednesday, July 10, in Wilmington, Delaware. It involved a rousing and heavily attended press conference, a fascinating hearing in the Court of Chancery with Andre Bouchard presiding, and a fabulous party and TransPerfect summer celebration at the Hotel DuPont later that night.
The activities began about 12:30 PM with a Press Conference — in 90 degree heat that felt like 105 degrees with unbelievable humidity — in front of the Delaware Court of Chancery which was organized by the “Citizens for Pro Business Delaware.” This group, led by articulate activist Chris Coffey, has 2,700 members, made up of TransPerfect employees who were negatively impacted by Bouchard’s decisions along with other concerned Delaware citizens. The group now appears to be dedicated to making changes to modernize the controversial rules governing Delaware’s Chancery Court. Having covered the TransPerfect case for years, and Andre Bouchard for even longer, I was pleased to take the opportunity to observe all these players face off live and in person. During the press conference on the front lawn of the Chancery Court, yours truly, like a dummy, chose to wear a dark suit — and the Delaware establishment almost had their wish for my complete demise, as I was about to pass out from the heat.
Weather and wardrobe aside, I was extremely impressed with Coffey’s platform and passion. It is unquestionable that this group shares my desire for increased transparency in the Court of Chancery, as they are proposing much needed common sense reforms. In my opinion, the legislature cannot act quickly enough to decrease perceived (or actual) corruption surrounding the Court’s activities.
The obscene and disgraceful court-ordered looting of TransPerfect continues!!! Skadden Arps gets paid more in a month for secretive and undisclosed “legal services” than normal people make in a year. It appears to me that Skadden and the judges are truly modern day Pharaohs, living extravagantly off the sweat of the thousands of innocents. I believe without a doubt that these (potentially, colluding, former law partners, “Bouchard and Strine”, both Skadden alumni) are truly a biblical plague on Delaware’s reputation. During Bouchard’s tenure, our once-great state has dropped to a dismal 48th out of our 50 U.S. states in overall business confidence, and after 15 years as the undisputed #1 in business litigation, we fell to #11.
I challenged Coffey with the following direct question, “Sir, do you think the fact that Chancellor Bouchard engaged in “boondoggle”, travel excursions with one-side’s attorney during the decision-making phase of the TransPerfect case actually created a conflict of interest and an appearance of an impropriety?” Coffey’s answer was firm and unequivocal, “Absolutely-YES!”
Folks, for those of you that couldn’t hear Chris Coffey’s speech live, I am telling you his answer and his entire speech sounded statesman-like and remarkably credible. I believe this group represents the best chance Delaware has for reform, positive change, and a fresh start — but, they must defeat a well- off Bouchard and his establishment, “good old boys” club to get it done. Make no mistake, there will be a significant battle for Delaware’s; future playing out in the 2020 election! Buckle up!!!
I then observed the Chancery Court argument. Former TransPerfect co-CEO Elizabeth Elting’s attorneys (after Bouchard handed them a $400 million check) are arguing for another $200,000. With each side lawyered up, according to the TransPerfect employees I interviewed at the Court House, this hearing will cost over $500,000 for each litigant. What judge allows $1 million to be spent to argue over $200,000??? So again, I expect payola is responsible for why this Chancellor would even have this hearing at all. In my view, it might be because his lawyer buddies could bank yet another payday on the backs of the dedicated, TransPerfect employees. It’s shameful and disgraceful!!!
In a packed courtroom, with many TransPerfect employees who believe they are all victims of Bouchard’s corruption staring at the Chancellor, I had two observations worth mentioning that won’t be found in any other transcript:
1) Bouchard appeared judicial and didn’t even resort to his biased name-calling.
2) His best pal Kevin Shannon of Potter Anderson said ABSOLUTELY NOTHING and left via a secret exit to avoid my questioning.
If someone hadn’t seen Bouchard in action before this hearing, they may have mistaken him for actually being an ethical judge on this specific day. I guess when there are a courtroom full of antagonistic folks staring you down, it must engender self-reflection.
Like the many TransPerfect employees, I will wait for the ruling — but having seen Bouchard’s judicial antics for years, I’m not sure this subjective Judge will ever rule against his best buddy, Kevin Shannon, no matter what facts are presented.
Then the fun began with a huge TransPerfect party with a fancy sit-down dinner at the Hotel DuPont. At least 300 people packed the place to celebrate that TransPerfect had survived Bouchard’s “DISSOLUTION” order, and despite these trials and tribulations, is still doing quite well as a company. (Never did their revenue slow, not even during the case.) Besides TransPerfect employees, participants included concerned Delaware citizens, a great band, the winning legal team ( including Alan Dershowitz), Villanova basketball star Kris Jenkins, Super Bowl Champion Philadelphia Eagles tight end Brent Celek, Cindy Green – Registrar of Wills office in Sussex County, Delaware Senator Colin Bonini, Sam Waltz of The Delaware Business Times, and to top it all off, a great show by Saturday Night Live star Colin Jost.
TransPerfect CEO Philip Shawe gave a gracious speech, praising all of his employees for their dedication and loyalty. Without a doubt, this man has earned the love and respect of an army of people over his 27 years in business. No one should spend their whole life building a company, and have court corruption seize it and try to auction it off to a competitor. These employees were great, happy, and thankful to still have jobs. During the evening, it really hit home to me how much Bouchard’s obvious lies and defamatory name-calling must have hurt these families over the Chancery’s 5-year occupation of TransPerfect. Bouchard called these hard-working normal folks “Dysfunctional” — In my view, this grotesque misrepresentation, was made so he could take over the company and enrich his friends. Its just unacceptable!!!
Make no mistake folks, what happened to TransPerfect in Delaware wouldn’t even happen in Russia — it’s disgusting. Regardless, I saw a company on Wednesday night that had overcome perceived corruption, while keeping the American Dream alive for themselves, and hopefully for entrepreneurs all over the world. Delaware’s business future however, will be in the hands of our Elected Officials.
Lastly and on a personal note, it was gratifying for me, as I was actively acknowledged by the employees — many who felt they were silenced and oppressed by Chancellor Bouchard and Skadden Arps Custodian Bob Pincus. They felt that I have helped give them a voice through my reporting. I told them I am honored to shine a light on injustice and corruption, and that I will continue to do so for my readers.
As always your comments are welcome and appreciated.
Yours truly,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Wow, Leo Strine, Chief Justice of the Delaware Supreme Court, protégé, intern, and protector of Chancellor Andre Bouchard and law partner with him at Skadden Arps (the infamous law firm, which has been fined by the U.S. government for illegal lobbying), is stepping down with half his term unfinished! I wonder if the shame and disgrace of the perceived TransPerfect heist happening under his watch had played a role? Could he have been forced out based on Delaware’s plummeting rating for business and also possibly because of allegations of serious irregularities?? Could a scandal be coming that Strine knows about???
Strine, in a nonsensical majority opinion, upheld Bouchard’s ridiculous rulings on appeal because as I see it folks, he’s Bouchard’s pal in fleecing TransPerfect under the guise of “deadlock” at a wildly successful corporation. Remember, the only female jurist, Justice Valihura (a non-member of the old boys club) wrote a brilliant dissenting opinion establishing the illegality of Bouchard’s ruling under Delaware law and the U.S. Constitution.
While he may have political ambitions, in my opinion, these are a pipe-dream based on the many skeletons in Strine’s closet. Further, in my view, TransPerfect has defined his and Bouchard’s administrations. As I have been saying for the past few years, their handling of this case from my perspective has been a disgrace, a farce, and the shame of Delaware. Make no mistake, in my mind, TransPerfect is huge part of the reason Strine is stepping down.
Could Strine know something is amiss? He and Bouchard, very plainly in my view, usurped and engineered the outcome of the TransPerfect case to enrich their former law partners and good ole boy cronies. To me, Bouchard is clearly the puppet master, and still in charge of his former underling, Strine. Delaware would be a thousand times better off if Bouchard would agree to step down as well.
Regardless, they both reek of improprieties in my opinion. Good riddance Strine! Please feel free to take, what I consider, your “Bonnie & Clyde” partner, Andre Bouchard with you! Let’s make room for Karen Valihura as Chief Justice!!! She makes her decisions based on respect for the Constitution and the rule of law. She is the polar opposite of Strine and Bouchard, honest and dedicated. Valihura has the endorsement of the Coastal Network, that is for sure.
To my way of thinking, Strine and Bouchard are a disgrace. I will continue to share that opinion. One down, folks. One to go!
The Delaware Judiciary needs a fresh start!
Please read the breaking news article below from the “Delaware News Journal” and Sam Waltz’s article in the “Delaware Business Times” (written in May!) just below it.
As always your comments are welcome and appreciated.
Sincerely yours,
JUDSON Bennett-Coastal Network
https://www.delawareonline.com/story/news/2019/07/08/leo-strine-delaware-supreme-courts-chief-justice-steps-down/1672795001/
Leo Strine, Delaware Supreme Court’s chief justice, to step down
Delaware News Journal
Published 3:43 p.m. ET July 8, 2019 | Updated 4:08 p.m. ET July 8, 2019
Leo E. Strine Jr., Delaware’s witty and sometimes controversial Supreme Court chief justice, is stepping down from the bench with about half of his term remaining.
Strine delivered his resignation letter to Gov. John Carney on Monday, stating that he plans to retire in the fall. The press release from the governor’s office did not detail why Strine plans to step down.
Strine’s spokesman said the chief justice is on vacation and not available for comment.
“I can say to you with confidence that the judiciary of this state is strong, that we are addressing our challenging and diverse caseloads with diligence, skill and dispatch and that we are continually looking for new ways to serve the people of Delaware even more effectively,” Strine wrote in his resignation letter.
He was nominated to a 12-year-term by former Gov. Jack Markell in 2014, replacing former Chief Justice Myron Steele.
During his tenure, the court invalidated the state’s death penalty and ruled on controversial land use issues including the development of Barley Mill Plaza in Greenville and weighed in on billion-dollar business disputes.
Delaware Chief Justice Leo Strine in March 2015. (Photo: The News Journal)
Before his appointment to the state’s highest court, Strine served as a judge and chancellor on Delaware’s Court of Chancery from 1998 where he developed a reputation as a huge personality in the world of corporate law.
Delaware Supreme Court Chief Justice Leo Strine questions an appellant before the court. (Photo: XERXES WILSON/THE NEWS JOURNAL)
Strine grew up in Hockessin and, in the private sector, was a corporate litigator for Skadden, Arps, Slate, Meagher & Flom, one of the largest law firms in the country.
Prior to his time on Chancery, he was counsel to former Gov. Tom Carper, who is now a longtime Delaware U.S. senator.
Rumors of his potential departure have been circulating for months, partially fueled by him not hiring legal clerks for the upcoming court calendar.
His stepping down begins a process in which current Gov. John Carney will nominate his successor, a dance that will be watched closely by legal and corporate circles around the world given Delaware’s prominence in business.
NEXT ARTICLE BY SAM WALTZ:
https://www.delawarebusinesstimes.com/waltz-strine-retire/
Sam Waltz: Strine to Retire Soon?
May 13, 2019 on Hon. Leo Strine Jr.,
By Sam Waltz (Founding Publisher) in Delaware Business Times
The widely anticipated early retirement of Delaware Supreme Court Chief Justice Leo E. Strine Jr. seems to be the state’s “worst-kept secret,” rivaling Joe Biden’s 2020 presidential hopes, and is being discussed openly in some of the state’s loftiest circles.
I’ve reached out to the Chief Justice for comment. I’ve not heard back from him, and frankly I didn’t expect to. He’ll make his announcement on his own schedule, and he deserves to.
He’s accomplished a lot for a mid-career legal counselor, just 55, even more than prestigious jurists 20 years older.
But failing to recognize and perhaps even memorialize the rampant speculation would be journalistic malpractice.
So, at the risk of preempting His Honor, here we are. (I’ve known Leo’s mother and father, a banker and a wealth manager respectively, for years, even longer than I’ve known Leo, but I’d never put them in the awkward position of asking them about it.)
Buttressing this massive speculation — which I first heard two months ago — is the fact that he has not hired any clerks for the court’s next calendar year, which begins in September .
Ordinarily that occurs before the end of the previous year, when such clerks are interviewed and hired. They are prestigious positions, and, in Delaware, it’s not unusual for former clerks themselves to ultimately ascend to the bench.
So far, I’ve chatted about this with some of the state’s highest officials and former officials, about a dozen of them, in the judiciary, in Legislative Hall and even in the lobbying corps and prominent members of Delaware’s bar. Everyone seems to have had heard it, but each asked for anonymity — no one wants to get caught spilling the Chief Justice’s secrets — and then went on to discuss it openly.
Chief Justice Leo Strine assumed office on Feb. 28, 2014, succeeding retiring Chief Justice Myron T. Steele. Previously, he’d served on the Court of Chancery since 1998, appointed there by Gov. Tom Carper, whom he had served as legal counsel. He ascended to head the court as Chancellor in 2011, before he was moved to the Supreme Court in 2014 by Gov. Jack Markell.
(Note, too, that in Delaware, even going on the Bench requires significant ambition. Attorneys must apply to the Judicial Nominating Commission, be interviewed, and be recommended to the governor for the position. It’s not a process for the reticent or modest!)
He earned a bachelor’s degree from the University of Delaware, and his law degree from the University of Pennsylvania. He grew up in Hockessin, where his parents and his family still live, and he graduated A.I. du Pont High School in Greenville. He served in some prestigious legal clerkships himself and worked for the prestigious Skadden Arps firm before joining Gov. Carper.
The two big questions on all minds now seem to be …
• When will he announce his retirement?
• What will he do next?
Dealing with the second question first, two things are mentioned.
First, people with his background and accomplishments make a huge personal financial sacrifice in serving on the bench, although it does advance their billing rates when they re-enter private practice.
It’s not out of the realm of the expected to anticipate that Chief Justice Strine could and would pull in $1 million a year, perhaps even more, in private practice. And part of the speculative reason is that he’s at the stage with young adults heading off to college, so his family would benefit from the change.
Beyond that, though, one or two speculated that he really wants to be governor one day, and a lucrative legal career would secure his family’s future for a return to public service in an elected role.
Certainly, he’ll have some competition if he runs in 2024 when the Democrat establishment thinks Gov. Carney will complete his second term. Lt. Gov. Bethany Hall-Long, U.S. Rep. Lisa Blunt Rochester, Insurance Commissioner Trinidad Navarro and Rep. Bryan Townsend are among the dozen or
so names prominently mentioned as prospective Carney successors.
As to the question of when he’ll announce, well…
Speculation centers on the Delaware Bar Association’s annual Bench & Bar Conference, convened at the direction of the Chief Justice himself, this year at 8:30 am on June 14 at the Chase Center on the Riverfront. Interestingly, theme of this year’s conference is “Pathways and Reflections: Adventures in Law.”
“All of us think it will be there, at the Bench & Bar conference,” said one of the state’s highest-placed officials. “Many of us will already be standing, so Leo will automatically have a standing ovation when he announces.”
Historically, that conference had an afternoon-evening component, and that would have taken place later in the day. This year, it starts in the morning, so we’ll see what works out.
OPINION
Dear Friends,
Eventually folks, potential corruption or systems that help to make corruption tempting — especially in an Equity Court System where the Judge is omnipotent under the law — people rise up and demand change. Such is the case in Delaware’s Court of Chancery under the leadership of Andre Bouchard, who orchestrated in my educated opinion, the largest legal rip-off in U.S. history. Or at best, condoned and facilitated the fleecing of $250 million from TransPerfect Global, which benefited his former business partners.
The rub here is that, in my view, the former business partner, Robert Pincus of the notorious Skadden Arps law firm, over-billed millions of dollars that have not been itemized or reconciled, but were approved by Andre Bouchard, who refuses to let anybody see the bills.
Combined with his previous ridiculous rulings, sanctioning CEO Philip Shawe to the tune of $7.1 million while allowing the Plaintiff’s attorney, Kevin Shannon to bill an additional $1.7 million in unitemized fees, which Bouchard slammed onto Shawe as well.
The pathetic and obvious bias by Bouchard, the unorthodox operation by the hand-picked Custodian (Robert Pincus), and the arbitrary and capricious acts of avaricious behavior by these judicial entities has awakened again a sleeping tiger, known as the “Citizens for a Pro-Business Delaware”!
The group, made up of 2,700, is pushing legislation that would create transparency and fairness in Delaware’s Chancery Court. You can count on the incestuous Delaware judicial-swamp to fight the “Citizens for a Pro-Business Delaware”.
Please read the press release below, which tells about the proposed legislation that would bring a needed, and now demanded, transparency to the Delaware Court of Chancery.
As always your comments are welcome and appreciated.
The new legislation would require that custodians appointed by the Chancery Court must itemize and publicly disclose a complete accounting of the costs they’ve passed on to the companies under their control so that the public, and the companies themselves, know how their money is being spent.
The bill is a response to Delaware Chancery Court Chancellor Bouchard’s abuse of court rules, as he appointed a court custodian and ruled that TransPerfect – which is incorporated in Delaware and has nearly 4,000 employees globally – should be sold as a result of an internal dispute between the company’s ownership.
Over eighteen months after the historic TransPerfect case was settled in 2015, the custodian in the case, Robert Pincus, has continued to bill the company every month for undisclosed services, including his own $1,475 an hour fee. His responsibilities remain unclear, and any efforts to ascertain the substance of his work on behalf of TransPerfect have been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended in 2017.
The law firm of Skadden, Arps, Slate, Meagher and Flom — Chief Justice Andre Bouchard’s last employer before joining the Chancery Court — has received a significant amount of the $250 million that was spent on the case.
“This is simple, common-sense legislation, and a necessary step towards a more transparent and fairer Chancery Court,” said Miranda Wessinger, president of Citizens for a Pro-Business Delaware. “When you eat a meal at a restaurant, you get a receipt with a breakdown of the charges. Why shouldn’t the Chancery Court be required to do the same for companies they’re forcing to pay millions in legal fees? When court-appointed lawyers are able to charge thousands of dollars an hour for “undisclosed services,” corruption runs rampant.”
Citizens for a Pro-Business Delaware is a group of more than 2,700 members including employees of the global translation services company TransPerfect, as well as concerned Delaware residents, and business executives. While their primary goal of saving TransPerfect has been accomplished, they continue their efforts to defend the company’s employees and fight for transparency in the Delaware Chancery Court. For more information on Citizens for a Pro-Business Delaware or to join the cause, visit DelawareforBusiness.org
Why have evidence or witnesses to make your case in Delaware’s $250 million TransPerfect fiasco? When your name is Kevin Shannon, and your friends are wearing the robes, in my opinion, you don’t need evidence or witnesses — cause you have the game rigged in your favor.
If this isn’t illegal, it surely ought to be. Frankly, I see this as a disgusting and disturbing view into how our Chancery Court apparently now works?
After following Andre Bouchard’s first couple of years, which I viewed as suspect, followed by his mismanagement of the TransPerfect Global case, I decided to Google the names of the folks involved in the case to see if my suspicions were correct. Were there actual conflicts of interest and personal connections?
Folks, please look at the boondoggling schedule I was able to come up with by doing that digging on Google: Kevin Shannon of Potter Anderson, with Andre Bouchard (well-documented BFF) and Leo Strine, in and around the 5 years of shame related to the TransPerfect case.
I could write a serious diatribe about how corrupt this appears to be, just by referencing the Delaware Judicial Cannons, which are clear and on point, but I will let the dates and facts speak for themselves. How dumb these people must think the Delaware public is??!
Folks, after looking at the facts, it is hard to fathom for me — and should be for any reasonable person — when seeing the incestuous relationships between these individuals and their conflicts of interest, that this judicial arrangement, which apparently is condoned by the Delaware Legislature, is just plain wrong!!!
To add insult to injury, for Bouchard and Strine, this boondoggling is on the tax- payers’ dime.
Look for yourself:
Shannon / Bouchard / Strine Boondoggle Calendar
(and these are just the one’s we know about from Google?!?)
There you have it folks — clear evidence of these incestuous connections and when you put these relationships together with the actions of the same players combined with the rulings from Bouchard and Strine and then add the former business partner from Skadden Arps, Robert Pincus, into the mix as the appointed Custodian in the TransPerfect case, all working in unison to seemingly profit from the case. I cringe at the obvious appearances of impropriety and the possible corruption. There should be no doubt about the integrity of these Courts. Unfortunately, they are suspect and it is right in our faces!
I urge you to contact your legislators and tell them about your concerns! This will be an issue in the 2020 election.
Breaking news on TransPerfect Global: Just 1-year after the company was “dissolved” and auctioned off by Chancery Court Chancellor Andre Bouchard in what I see as the most radical and corrupt decision in American business law history, TransPerfect is now the darling of Wall Street.
How is it possible that a company deemed the most
“dysfunctional” in the world, requiring a 3-year government
occupation ordered by our own Andre Bouchard’s Chancery Court, $250 million
spent (much of which remains still undisclosed, Mr. Bouchard), and then
dissolved and auctioned off — is now so successful that the world’s leading
banks are happily lending money to it?
It’s clear to me that the whole thing was a LIE. Read the Slator story below about Bank of America, JPMorgan and Citigroup lending TransPerfect hundreds of millions and reflect back on how the Chancery Court treated this company and draw your own conclusions.
As always, your comments are welcome and appreciated. Especially upon reading this news.
TransPerfect is cutting its interest expense. The world’s largest language service provider by revenue is refinancing a USD 445m credit facility used to buy out the company’s co-founder Liz Elting after a years-long legal battle ended in late 2017.
In a process that saw him compete against H.I.G. Capital,
private equity owner of arch rival Lionbridge, TransPerfect CEO Phil Shawe
eventually succeeded in gaining sole control of the company he co-founded.
According to a press statement, the new USD 450m credit
facility (consisting of a USD 400m term loan and a USD 50m revolving credit
line) will replace and terminate the previous USD 445m credit facility.The
relatively quick refinancing of a higher-interest loan can be seen as a vote of
confidence in a business that generated USD 705m in revenue and USD 92.3m in
EBITDA in 2018. The new loan will shave off around USD 15m from TransPerfect’s
annual interest expense and was provided by a syndicate arranged by Bank of
America, JP Morgan, and Citibank with Bank of America acting as the sole
administrative agent.
Asked how he is planning to reinvest the funds freed up by
the refinancing, Shawe told Slator that “one of the reasons I was able to put
together a compelling bid for the company, was because I was not interested in
pulling money off the table, so to speak. This USD 15m in savings per year will
be used to finance growth through any or all of the following: M&A,
Technology R&D, Talent Acquisition, Geographic Expansion, and General
Corporate Purposes.”
“We have sufficient ‘dry powder’ to complete a major
acquisition”—Phil Shawe, CEO, TransPerfect.
To maintain its current growth trajectory TransPerfect will
have to diversify into new verticals and offerings. Shawe confirmed that while
he sees continued growth in the company’s traditional business lines, he
expects areas such as “Media, Gaming, AI training and several other areas of
focus for us in 2019/2020” to outperform.
So far TransPerfect has largely stayed on the sidelines
while competitors have been busy doing deals over the past two years. But this
may be about to change. “One of the advantages of this current financing is the
opportunity it has given TransPerfect to forge deeper relationships with
several of the world’s leading banks,” Shawe said. “Given our current leverage
position, we feel very comfortable that we have sufficient ‘dry powder’ to
complete a major acquisition should the right opportunity arise. Fortunately,
because of the investments we’ve made over the years, such in our sales force
and in our technology products, we are not dependent on M&A to drive
growth.”
Folks, the USA Today story below (national news!) is a
prime example of why the Coastal Network is your watchdog on all things
Delaware and Andre Bouchard’s Chancery Court. You can trust me to keep an eye
out for those things that matter most.
There was a victory for property owners in the United States
Supreme Court this past week, indeed a victory for those who don’t want their
property to be “Taken” by State shenanigans.
As is well-documented, in my educated view and in my
previous articles, It appears Chancellor Bouchard threw out the rule of law and
the U.S. Constitution in his bizarre, illogical rulings on the TransPerfect
case and replaced them with an episode of, “How to Make my Cronies Rich,
on the Backs of 5,000 Employees.”
This is the Federal Government finally changing 30 YEARS of
precedent to give those in the Shawe’s position (citizens facing a State
government “taking” of private property), a better chance to fight
those in Bouchard’s omnipotent and arbitrary position. Now, if someone like Bouchard is taking your
property, you can go right into federal court — you no longer have to wait
until the state court proceedings are finalized.
It’s difficult to say if this is in direct response to the
TransPerfect case or not and my extensive expose of it, but nonetheless,
Bouchard and (Chief Justice / Former Bouchard Intern) Leo Strine, were able to
avoid Federal review of their actions in the TransPerfect fiasco — by legal
“mumbo jumbo.” Well folks, it just got much harder for them and other
State government actors attempting to seize property, and do so without facing
a Federal challenge.
Please see the USA Today article below. Your comments are
welcome and appreciated.
Published 10:27 a.m. ET June 21, 2019 | Updated 12:08 p.m. ET June 21, 2019
WASHINGTON – Landowners won a closely watched property
rights victory at the Supreme Court Friday in a case that centered on a
cemetery.
After holding two oral arguments over four months, the
justices ruled that a Pennsylvania woman whose land was used for access to an
old burial ground can seek compensation in federal court. The 5-4 opinion was
written by Chief Justice John Roberts, with conservative justices behind him
and liberal justices opposed.
“A property owner has a claim for a violation of the
Takings Clause as soon as a government takes his property for public use
without paying for it,” Roberts said. “The property owner may sue the
government at that time in federal court.”
The decision overrules a portion of a Supreme Court
precedent that in turn was based on other cases dating to the late 1800s, which
Associate Justice Elena Kagan noted in her dissent.”Under cover of
overruling ‘only’ a single decision, today’s opinion smashes a hundred-plus
years of legal rulings to smithereens,” she said.
Noting that Associate Justice Stephen Breyer earlier this
term criticized the court’s conservatives for overturning precedent by
wondering “which cases the court will overrule next,” Kagan added:
“Well, that didn’t take long. Now one may wonder yet again.”
The decision represents a victory for conservative and
libertarian groups opposed to government takings. During the second oral
argument in January, Associate Justice Samuel Alito had accused the local
government of seeking “home-court advantage” in state court.
The ruling partially overrules a Supreme Court precedent
dating back more than 30 years – something the court generally tries to avoid,
but which some conservative justices have been more willing to do in recent
years.
The challenge was brought by Rose Mary Knick, who sought
damages for the 2013 invasion of her property by Scott Township, Pennsylvania.
Under local rules, property owners must allow access to private cemeteries
discovered on their land.
The dispute focused on when a taking is effective: When the
government stakes its claim, or only later when financial compensation is
denied in state court.
Breaking news folks, in a recent survey released by
Slingshot Strategies LLC, confirms what I have been reporting on for years.
There are a large number of Delaware voters who are dissatisfied with Andre
Bouchard’s Chancery Court. Importantly, 79% of Delawareans believe Andre
Bouchard should have been forced to disclose his pre-existing, 20-year BFF
friendship with TransPerfect Global co-founder, Elting’s counsel, Kevin Shannon
of Potter Anderson.
Additionally, the Delaware citizenry apparently agrees that
conflicts of interest clearly exposed, not sealed up by a judge who could be
abusing his power, in regard to the appointments of custodians. Bottom line
folks, the Delaware people, in my opinion and in my assessment of these poll
results, are not happy with Andre Bouchard and the rampant cronyism that has
defined his tenure.
Recently, folks demanding greater transparency from Bouchard
in his Chancery Court at a Bar Association Brunch were forced to leave by
security, not only the event itself, but the parking lot as well. Is this the
Chancellor’s latest bid to thwart activities protected by the United States
Constitution?
Frankly, these poll results are unfortunately gratifying in
a way because, in my opinion, a vast majority of Delawareans believe that
Bouchard’s shady, illogical rulings in the TransPerfect case — supported by
his former intern Leo Strine — in a nonsensical majority opinion — are
improper. Our once-renowned Chancery Court is now infamous for corruption in my
opinion.
Delaware, having dissipated from #1 to #11 for judicial
equity in a national survey conducted last year by the United States Chamber of
Commerce — is losing corporations to Nevada because many business people are
concerned about potential subjective rulings coming out of Delaware’s Chancery
Court these days?
Yes folks, having watched Chancellor Bouchard very closely
from the time he was appointing various people to the Deputy of the Register of
Wills job (before he found one that could actually do the job), having read all
the transcripts from the TransPerfect case, and having interviewed many people,
I am convinced beyond a shadow of doubt, the longer Bouchard holds office, the
worse off Delaware will be.
Please read the article below published by Yahoo Finance,
citing “widespread dissatisfaction” with Bouchard’s Chancery Court.
DOVER, Del., June 24, 2019 /PRNewswire/ — A staggering
amount of Delaware citizens have expressed dissatisfaction with the Chancery
Court’s proposed reforms and the state government’s transparency, according to
a recent survey.
The survey, released in April by Slingshot Strategies, LLC.,
noted 79% of Delawarevoters and 77% of registered Democrats demand judges to
disclose relationships with lawyers. In addition, about 70% of both Delaware
voters and registered Democrats propose custodians to disclose conflicts of
interests to the general public. The sweeping support for additional disclosure
from the Chancery Court is heavily linked to the overwhelming frustration
citizens have for the state government.
According to the survey, 92% of voters agree that the state
government is dishonest and 58% believe it is nearly impossible to hold local
politicians accountable for their actions. Almost 50% feel helpless in the
fight for their voices and concerns to be addressed, due to political bias and
nepotism in Delaware politics.
Citizens for a Pro-Business Delaware have demanded more
transparency, equity, accountability and freedom of speech from the Chancery
Court, only to be denied such basic Constitutional rights. On June 14, 2019,
Citizens for a Pro-Business Delaware volunteers were forcibly removed from the
Delaware Chancery Court after using their First Amendment rights to request
transparency. While the group was denied the right to distribute information to
those most closely associated with the Court system, Citizens for a
Pro-Business Delaware will continue to bring their push for accountability to
the residents of Delaware through media advertisements in the News Journal, as
well as other local media.
Influential leaders such as Chancellor Bouchard halt
Delaware Chancery Court reform and Delaware’s reputation as a hub for
headquarters and businesses are being negatively affected. Citizens for a
Pro-Business Delaware is committed to exposing the clandestine processes of Delaware’s
Chancery Court. “The long-standing corruption and white washing of justice
in the Delaware Chancery Court is abhorrent and unethical,” said Miranda
Wessinger, president of the Citizens for a Pro-Business Delaware. “The
citizens of Delaware deserve transparency and accountability from local
political leaders. Our efforts to serve the Delaware people will not be
impeded, regardless of the bureaucratic push back. We are determined to keep
Delaware’s reputation as a thriving and profitable business state.”
Citizens for a Pro-Business Delaware is a group made up of
more than 2,700 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
Delaware Chancery Court. For more information on Citizens for a Pro-Business
Delaware or to join the cause, visit DelawareForBusiness.org.
OPINION
Dear Friends,
Delaware’s Chancellor Andre Bouchard attended a conference last week and volunteers from “Citizens for Pro Business Delaware” showed up to ask questions about the Chancery Court. His response? He had them removed from the property. Can you believe it? Time and time again, he has shown that he has thin skin. But ladies and gentleman, if you can’t take questions about your tenure, you should not be a judge.
As I have documented in my columns to you many times, Judge Bouchard is already infamous for one of the worst decisions in Delaware history, as I see it, in the TransPerfect case (an adjudication based on pure bias and grotesque subjective rulings). He appointed his friend and former business partner as a custodian of a company, who then made millions of dollars on the backs of the TransPerfect employees who have been going without raises and additional benefits, as I understand it, because of this outrageous fleecing.
The latest Bouchard fiasco happened when volunteers from “Citizens for Pro Business Delaware”, wanting answers and asking for transparency, were required to leave because Bouchard did not like the literature they were passing out, which asked for a transparent court in Delaware.
A man who has the courage of his convictions, a man who had nothing to hide, would have openly addressed the criticism with facts and ideas, and positive ANSWERS. Instead, security removed the volunteers.
As I see it folks, Bouchard has and still is intentionally withholding evidence from public scrutiny, a man that has innumerable conflicts of interest and many appearances of impropriety that have cost Delaware a loss of reputation (dropping the state from #1 to #11 in a national survey for providing fairness and equity).
The Chancery Court has operated like a “Boys Club” for years in my view, as the judges give business to their friends and associates and nobody challenges them on it. Cameras are kept out of the courtroom and proceedings are routinely closed to spectators. This is 2019 and the end is near. You can no longer operate in a vacuum as if it is 1926. We need transparency in the Chancery Court for the sake of Delaware’s future. Otherwise, it will be too late and we will lose the most important business we have.
Please read the article below, about how Bouchard acted when criticized at this public event, which ironically was designated for the specific purpose of discussing Chancery Court issues and possible future changes. Shame on him!
Your comments are welcome and appreciated!
Respectfully yours,
JUDSON Bennett-Coastal Network
Citizens for a Pro-Business Delaware Volunteers Removed From Delaware State Bar Association Brunch
PR Newswire June 17, 2019
Citizens for a Pro-Business Delaware’s Freedom of Speech Impeded in Their Effort to Promote Transparency and Accountability on the Chancery Court
DOVER, Del., June 17, 2019 /PRNewswire/ — On June 14, 2019, Citizens for a Pro-Business Delaware volunteers were removed from the Delaware Bar Association’s Bench Brunch where Chancellor Bouchard, who has been a persistent roadblock to Chancery Court reform, served as a panelist for a discussion on “Chancery Changes” and “The Road to Equity.”
The volunteers were passing out literature demanding heightened transparency and accountability to the Chancery Court. Citizens for a Pro-Business Delaware, the watchdog group that was created when the Chancery Court forced the sale of TransPerfect—a 5,000-employee company—has committed its efforts to demanding transparency in the Chancery Court’s process. While Bouchard’s quick decisions to move companies to dissolution may create jobs for highly paid lawyers, consultants and accountants, they undermine the State’s pro-business reputation, discouraging prospective businesses from headquartering in Delaware.
In the TransPerfect case, Judge Bouchard handpicked a custodian, Robert Pincus of Skadden Arps, who then proceeded to spend millions of dollars, causing TransPerfect employees to suffer higher premiums in health insurance. Bouchard and Pincus’s spending resulted from a series of unprecedented and illogical rulings forcing Delaware’s first dissolution and forced sale of a successful private company. Two years after the conclusion of this case, bills for the tens of millions of dollars involved are still under seal “to protect the sale process,” which has long been over. In TransPerfect, Bouchard and Pincus set a precedent that can now be enforced against other businesses in the future.
“The blatant disregard for our volunteer’s freedom of speech is unacceptable and reflects the Chancery Court’s resistance against this campaign for transparency and accountability,” said Miranda Wessinger, President of Citizens for a Pro-Business Delaware. “We will not allow these actions to discourage our efforts to protect Delaware’s pro-business reputation. The current Chancery Court, and most specifically Chancellor Bouchard, are hindering the state’s ability to attract and retain Fortune 500 companies with what has become a runaway corruption train. It must stop.”
Delaware is home to tens of thousands of corporations and other business entities. These companies and their employees deserve a fair, transparent system of dispute resolution and mediation. The Chancery Court’s overextension of power is fracturing the trust that large businesses have in Delaware, and with it, Delaware’s tax base.
Citizens for a Pro-Business Delaware is a group made up of more than 2,700 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 Delaware Chancery Court. For more information on Citizens for a Pro-Business Delaware or to join the cause, visit DelawareForBusiness.org
The wave of public opinion demanding that Chancellor
Bouchard be held accountable, for what I and many others view as illicit
activity, is transforming into a full-blown tsunami. Below, I have chosen 10
recent responses to share with you, but I could be sharing 100.
As you will read below, the groundswell of Delaware citizens
who are writing to me about being fed up with Bouchard seemingly feathering the
nest of his former law partners at Skadden Arps and other cronies, have reached
a fever pitch. What seems to be bothering them most is the perception that his
personal patriarchy has profited for too long at the expense of Delaware
corporations, Delaware taxpayers, and Delaware’s now tarnished image.
Chancellor Bouchard’s actions have convinced me (and many of my readers) that
he seems to lack the ethical character required for the job, to put it mildly.
My readers are expressing outrage in droves, and are all
Delaware voters. I wonder how long the elected members of our General Assembly
can continue to turn a blind eye to the public’s demand for anti-corruption and
transparency controls to be placed on the Chancery Court?!?
Recently, Delaware’s “Judge Evil” (as I like to
call him), the Chancellor, ordered yet another successful company dissolved for
“dysfunction”. In laymen’s terms this appears to simply be executives
fighting on email. So Delaware corporations likely should worry if they happen
to write an email the Chancellor may find concerning. Heck, he could decide to
take out a company, dissolve it, or sell it off subjectively any time he feels
the urge! Funny how much Skadden and/or his other cronies seem to profit when
this happens??
Bouchard’s pattern of illogical and unprecedented decisions,
enriching his “Good Old Boy” network of elites, now includes
Inspirion Delivery Services, LLC. In my recent article titled “Delaware
Chancellor Bouchard Orders Another Delaware Corporation Dissolved-Bad for
Business”, I pointed out Bouchard’s most recent act of judicial over-reach,
further inequities of his seemingly capricious decision-making, and his
seemingly blatant hubris resulting in grotesque appearances of what appears to
be impropriety.
As it turned out, this piece resonated deeply with you, my
dear readers. The TransPerfect case — where millions of dollars in invoices
are still being hidden by Bouchard’s apparent abuse of power, now has Delaware
citizens fervently demanding reform.
I appreciate your feedback so much, and the only thing I
appreciate more, is your zeal in calling for legislative reform. The people
have spoken: They are saying in so many words: “The unchecked power of
Bouchard’s Chancery Court is unconstitutional and bad for Delaware
business.” Now, they must be heard in Dover!
Again, I have received countless responses; here are 10 samples,
but they are reflective of a greater anti-corruption and transparency movement
by my readers. I have removed my readers’ last names for their protection
because in my opinion the “Good Old Boy” patriarchy that runs
Delaware is a powerful and vengeful bunch.
Thank you for your feedback! Keep ’em coming.
Here are the latest responses:
1) From Abner
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Judson, This guy sounds worse than the rotten deep state that has attacked our country and tried to overthrow the government. Typical Democrat move by an incompetent JUDGE! Keep up the great work exposing this bastard! ABNER
2) From Linda
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
My God, does this guy ever stop with his corruption — right in the face of all of us. So much arrogance, so much hubris.
Thanks for keeping us updated. Linda
3) From Brian
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Jud,
How the hell can the State Legislature close their eyes to
this?? It seems as if Chancellor Bouchard hurts companies instead of helping
them. Certainly not good for Delaware’s business or future. So terribly absurd!
Keep up the good work. Love your articles. Best regards, Brian
4) From Archibald
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Hey Judson, The corruption in the Delaware Judiciary has been going on for years. The Democrats have become so blatant with it, it is apparent for all to see. Unless we get rid of this Status Quo Legislature, nothing will change. Another Delaware incorporated company will bite the dust at the hands of Bouchard. He has got to go! Keep up the good work you do. Archie
5) From Bob
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Judson: When a judge withholds public documents that the people have a right to see, all kinds of red flags go up? When a Judge colludes with an attorney involved in a case he is presiding over, it is criminal. I can remember being so proud of being a Delawarean, but no more. It is hard to believe that our state has become so business unfriendly! It used to be there was compromise, and reason, and yes justice. The likes of these Skadden Arps former lawyers and their collusion with each other is outrageous! “Inspirion Delivery Services, LLC” looks like another bad decision by this crazy Chancellor. This is simply outrageous. Keep the articles coming, maybe the boys in Dover will blink when they realize their jobs are in trouble. Keep up the pressure! BOB
6) From Jack
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
IMPEACH BOUCHARD! VOTE REPUBLICAN!
7) From Charles
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Judson, you are really shaking things up and the people are talking. Subjective rulings without logic or standing on decided matters is bad business and is basically creating new law-“legislating from the bench.” Why haven’t the Philip Shawe people filed for FOYA Requests to get the records? It will be interesting to see if Bouchard continues to feather his cronies’ nests? Keep up the good work. Charlie
8) From Carol
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Wow, more of the same. This business with TransPerfect and now another fiasco in the Chancery Court. I can’t believe what a blind eye these liberal jerks in our state house have. Unfortunately, if the people in Washington think there is a Swamp-check out Delaware—IT IS PURE QUICK SAND ! Thanks for your efforts JUD. Keep the bastards thinking. Great work! Best regards, Carol
9) From Ed
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Why would anybody want to incorporate in Delaware, when the Chancellor can sell your company out from under you? Seems like things are going from bad to worse. If Delaware loses its franchise taxes, the red hole will be so deep, “Hades” will be a cool place in comparison. Keep exposing this jerk Judson. We love your articles. ED
10) From Adrian
Subject: Delaware’s Chancellor Bouchard Orders Another
Delaware Corporation Dissolved-BAD FOR BUSINESS?
Dear Mr. Bennett,
As a small business owner incorporated in Delaware I am extremely concerned. It is beyond me why the legislature which is controlled by the Democrats is so business unfriendly. Eventually, the bottom is going to fall out if Chancellor Bouchard keeps creating these untenable situations. You don’t force the sale of a company because of stock holder or director disagreements.. Might have to reorganize in Nevada! I appreciate your great writing and your guts. Thank you! -Adrian
I thank you for your many responses. Please keep them
coming.
Let’s Go Back and Memorialize the Beginning of the Dark Days of the Chancery Court.In 2014, after Bouchard helped install his former intern as our previous Chancellor, a National Review article tried to warn all Delawareans.
Dear friends,
I implore you to carefully read the 2014 National Review article below entitled, “The Strine Strain: Some Judges Take a Toll on Justice.” As I’m sure you’ll remember from my articles (because no one else will cover it), Strine was BOUCHARD’S Intern. Many Delawareans I have talked with think this relationship is somehow OK (debatable) because it was the other way around. I’m telling you, it is not! When they were both at Skadden Arps, Chancellor Andre Bouchard was the big-boss-man over our Chief Justice/Intern Leo Strine — and, as you’ll see from this article, the apple didn’t fall far from the poisonous tree.
For those who think I am alone and whimsical in pushing for drastic judicial reforms, with “radical ideas” such as the disclosure of court-ordered bills as required by law, the random assigning of judges to cases, disclosure of relationships (like Bouchard and the infamous, Kevin Shannon of the TransPerfect case), and jury trials to put a check on the Chancellor’s sweeping power, which are so omnipotent that they are ripe for abuse. See the article below from The National Review in 2014. Please note, I’m neither condoning or condemning the controversial author, but he’s obviously highly-educated, articulate, and understands firsthand what I, and many of my readers view plainly as a pattern of corruption by Delaware Chief Chancellor Andre Bouchard.
He writes: “After Strine enthroned others in control of our companies, his protégés enriched themselves obscenely and the companies eventually went bankrupt, wiping out $2 billion of shareholders’ equity dispersed among average people in every U.S. state and Canadian province.” Sound familiar, like another victim of the infamous Bouchard-Strine two-step tango that saw the court’s close friends at Skadden seemingly abscond with over $25 million in fees for “undisclosed services” as was implemented by the “court- ordered custodian” in the TransPerfect case.
When you read this, remember, this article is just about Bouchard’s Intern Strine. Bouchard was astonishingly permitted to help Strine elevate his personal career when Bouchard was on the Judicial Nominating Committee of the Bar Association. Then disgustingly, one hand washed the other, and Strine returned the favor by elevating Bouchard. Now, as I see it, the true Skadden Arps (puppet) master of enriching Delaware good ole boy cronies is now our Chief Chancellor, Andre Bouchard. God help us — absent judicial reform.
Subject: Delaware’s Chancellor Bouchard Orders Another Delaware Corporation Dissolved-BAD FOR BUSINESS ?
From: Abner Pedraza
Judson, This guy sounds worse than the rotten deep state that has attacked our country
and tried to overthrow the government. Typical Democrat move by an incompetent JUDGE!
Keep up the great work exposing this bastard! ABNER
From: Linda Collins
My God, does this guy ever stop with his corruption—right in the face of all of us.
So much arrogance, so much hubris.Thanks for keeping us updated. Linda Collins
From: Brian J. Mann
Jud,
How can the State Legislature close their eyes to this? It seems as if Chancellor Bouchard hurts companies instead of helping them. Certainly not good for Delaware’s business or future. So terribly absurd!
Keep up the good work. Love your articles.
Best regards,
Brian Mann
From: Archibald Lingo
Hey Judson,
The corruption in the Delaware Judiciary has been going on for years. The Democrats have become so blatant with it, it is apparent for all to see.
Unless we get rid of this Status Quo Legislature, nothing will change. Another Delaware incorporated company will bite the dust at the hands of Bouchard. He has got to go! Keep up the good work you do. ARCHIE
From: Bob Weiner
Judson: When a judge withholds public documents that people have a right to see, all kinds of red flags go up? When a Judge colludes with an attorney involved in a case he is presiding over, it is criminal. I can remember being so proud of being a Delawarean, but no more. It is hard to believe our state has become so business unfriendly! It used to be there was compromise, and reason, and yes justice. The likes of these Skadden Arps former lawyers and their collusion with each other is outrageous! “Inspirion Delivery Services, LLC” looks like another bad decision by this crazy Chancellor. This is simply outrageous. Keep the articles coming, maybe the boys in Dover will blink when they realize their jobs are in trouble. Keep up the pressure! BOB
From:Jack Renault
IMPEACH BOUCHARD! VOTE REPUBLICAN!
From – Charles Copland
Judson, you are really shaking things up and the people are talking. Subjective rulings without logic or standing on decided matters is bad business and is basically creating new law“legislating from the bench.” Why haven’t the Philip Shawe people filed for FOYA Requests to get the records? It will be interesting to see if Bouchard continues to feather his cronies’ nests? Keep up the good work. CHARLIE
From: Carol Wagner
Wow, more of the same. This business with TransPerfect and now another fiasco in the Chancery Court. I can’t believe what a blind eye these liberal jerks in our state house have. Unfortunately, if the people in Washington think there is a Swamp — check out Delaware — IT IS PURE QUICKSAND! Thanks for your efforts JUD. Keep the bastards thinking. Great work! Best regards, Carol
From: Ed Speraw
Why would anybody want to incorporate in Delaware, when the Chancellor can sell your company out from under you? Seems like things are going from bad to worse. If Delaware loses its franchise taxes, the red hole will be so deep, “Hades” will be a cool place in comparison. Keep exposing this jerk, Judson.
We love your articles. ED
From: Adrian Bellinger
Dear Mr. Bennett,
As a small business owner incorporated in Delaware I am extremely concerned. It is beyond me why the legislature which is controlled by the Democrats is so business unfriendly. Eventually, the bottom is going to fall out if Chancellor Bouchard keeps creating these untenable situations. You don’t force the sale of a company because of stockholder or director disagreements.. Might have to reorganize in Nevada! I appreciate your great writing and your guts. Thank you.
Adrian Bellinger
Chancellor Andre Bouchard is now the subject of a Federal “Department of Justice” Investigation, according to an article published in a Spanish Newspaper.
All this writer can say at the moment is, “Wow… I hope
this is true, because it is about time!”
If you’ll remember, TransPerfect has over 500 employees in
Spain, where unemployment is very high. As I see it, Bouchard, by using his
position improperly, tried to engineer a hostile takeover of TransPerfect by
its largest competitor, HIG/Lionbridge. As a result, it seems since Chancellor
Bouchard put so many Spanish jobs at risk, the international media there has
been fervently following the case.
I called the U.S. Office of Public Affairs, which handles
press inquiries for the U.S. Department of Justice, to find out more about this
investigation and confirm that it’s ongoing. No comments were provided by press
time.
As to the TransPerfect case, it is my understanding and in
my personal view, it is now commonly accepted in business circles that Bouchard
might have abused his power, and made absurd rulings that feathered the nests
of Skadden Arps, his lawyer friends, and their combined cronies to the tune of $250
million in TransPerfect funds. Folks, in my opinion, there are truly the
appearances of impropriety here and they must be investigated.
Please see the article below and ask yourself: Does Delaware
need a judiciary that looks crooked enough to even make the Department of
Justice consider launching an investigation? If this is true, what will that do
to our reputation?
As always your comments are welcome and I will continue to follow the largest corporate case, and in my view, the largest heist by a judge, in American history — the public deserves answers, transparency, and accountability.
The management of the TransPerfect case, led by the Supreme
Court Justice of Delaware, André Bouchard, is being investigated by the US
Department of Justice, according to a statement issued by the highest court in
the United States.
The forced sale of this multinational, which has 600 jobs in
its offices in Barcelona, ended in the courts of Delaware and now the US
justice investigates the judicial team that managed the sale process of the
company for alleged discrimination during 2017, when the company was under your
control.
Associations of Delaware citizens say that as the
investigation progresses it may also address other irregularities such as the $
250 million that allegedly disappeared from the TransPerfect bank accounts
while representatives of the Delaware Supreme Court controlled the company.
They emphasize “the opacity” with which Judge
Bouchard has taken the case, arriving at not making public the judicial file
months after the resolution, something contrary to the current US legislative
framework.
They also denounce that one of the law firms that has
benefited the most in the conflict has been a law firm of which one of its
partners, Robert Pincus, was appointed judicial administrator of the company
during the conflict.
However, the management of the case has called into question
the neutrality of the judicial system of Delaware, according to a report by the
US Chamber of Commerce.
TransPerfect closed the year 2018 with revenues of more than
600 million euros, 14.7% more than the previous year, and has offices in
Barcelona, Madrid and Palma de Mallorca, Spain being the second country in the
world where the multinational It has more employees, only behind the United
States.
From: Abner Pedraza
Judson, This guy sounds worse than the rotten deep state that has attacked our country
and tried to overthrow the government. Typical Democrat move by an incompetent JUDGE!
Keep up the great work exposing this bastard! ABNER
From: Linda Collins
My God, does this guy ever stop with his corruption—right in the face of all of us.
So much arrogance, so much hubris.Thanks for keeping us updated. Linda Collins
From: Brian J. Mann
Jud,
How can the State Legislature close their eyes to this? It seems as if Chancellor Bouchard hurts companies instead of helping them. Certainly not good for Delaware’s business or future. So terribly absurd!
Keep up the good work. Love your articles.
Best regards,
Brian Mann
From: Archibald Lingo
Hey Judson,
The corruption in the Delaware Judiciary has been going on for years. The Democrats have become so blatant with it, it is apparent for all to see.
Unless we get rid of this Status Quo Legislature, nothing will change. Another Delaware incorporated company will bite the dust at the hands of Bouchard. He has got to go! Keep up the good work you do. ARCHIE
From: Bob Weiner
Judson: When a judge withholds public documents that people have a right to see, all kinds of red flags go up? When a Judge colludes with an attorney involved in a case he is presiding over, it is criminal. I can remember being so proud of being a Delawarean, but no more. It is hard to believe our state has become so business unfriendly! It used to be there was compromise, and reason, and yes justice. The likes of these Skadden Arps former lawyers and their collusion with each other is outrageous! “Inspirion Delivery Services, LLC” looks like another bad decision by this crazy Chancellor. This is simply outrageous. Keep the articles coming, maybe the boys in Dover will blink when they realize their jobs are in trouble. Keep up the pressure! BOB
From:Jack Renault
IMPEACH BOUCHARD! VOTE REPUBLICAN!
From – Charles Copland
Judson, you are really shaking things up and the people are talking. Subjective rulings without logic or standing on decided matters is bad business and is basically creating new law“legislating from the bench.” Why haven’t the Philip Shawe people filed for FOYA Requests to get the records? It will be interesting to see if Bouchard continues to feather his cronies’ nests? Keep up the good work. CHARLIE
From: Carol Wagner
Wow, more of the same. This business with TransPerfect and now another fiasco in the Chancery Court. I can’t believe what a blind eye these liberal jerks in our state house have. Unfortunately, if the people in Washington think there is a Swamp — check out Delaware — IT IS PURE QUICKSAND! Thanks for your efforts JUD. Keep the bastards thinking. Great work! Best regards, Carol
From: Ed Speraw
Why would anybody want to incorporate in Delaware, when the Chancellor can sell your company out from under you? Seems like things are going from bad to worse. If Delaware loses its franchise taxes, the red hole will be so deep, “Hades” will be a cool place in comparison. Keep exposing this jerk, Judson.
We love your articles. ED
From: Adrian Bellinger
Dear Mr. Bennett,
As a small business owner incorporated in Delaware I am extremely concerned. It is beyond me why the legislature which is controlled by the Democrats is so business unfriendly. Eventually, the bottom is going to fall out if Chancellor Bouchard keeps creating these untenable situations. You don’t force the sale of a company because of stockholder or director disagreements.. Might have to reorganize in Nevada! I appreciate your great writing and your guts. Thank you.
Adrian Bellinger
In 2014, after Bouchard helped install his former intern as
our previous Chancellor, a National Review article tried to warn all
Delawareans.
I implore you to carefully read the 2014 National Review
article below entitled, “The Strine Strain: Some Judges Take a Toll on
Justice.” As I’m sure you’ll remember from my articles (because no one
else will cover it), Strine was BOUCHARD’S Intern. Many Delawareans I have
talked with think this relationship is somehow OK (debatable) because it was the
other way around. I’m telling you, it is not! When they were both at Skadden
Arps, Chancellor Andre Bouchard was the big-boss-man over our Chief
Justice/Intern Leo Strine — and, as you’ll see from this article, the apple
didn’t fall far from the poisonous tree.
For those who think I am alone and whimsical in pushing for
drastic judicial reforms, with “radical ideas” such as the disclosure
of court-ordered bills as required by law, the random assigning of judges to
cases, disclosure of relationships (like Bouchard and the infamous, Kevin
Shannon of the TransPerfect case), and jury trials to put a check on the
Chancellor’s sweeping power, which are so omnipotent that they are ripe for
abuse. See the article below from The National Review in 2014. Please note, I’m
neither condoning or condemning the controversial author, but he’s obviously
highly-educated, articulate, and understands firsthand what I, and many of my
readers view plainly as a pattern of corruption by Delaware Chief Chancellor
Andre Bouchard.
He writes:
“After Strine enthroned others in control of our companies, his
protégés enriched themselves obscenely and the companies eventually went
bankrupt, wiping out $2 billion of shareholders’ equity dispersed among average
people in every U.S. state and Canadian province.” Sound familiar, like
another victim of the infamous Bouchard-Strine two-step tango that saw the
court’s close friends at Skadden seemingly abscond with over $25 million in
fees for “undisclosed services” as was implemented by the “court-
ordered custodian” in the TransPerfect case.
When you read this, remember, this article is just about Bouchard’s Intern Strine. Bouchard was astonishingly permitted to help Strine elevate his personal career when Bouchard was on the Judicial Nominating Committee of the Bar Association. Then disgustingly, one hand washed the other, and Strine returned the favor by elevating Bouchard. Now, as I see it, the true Skadden Arps (puppet) master of enriching Delaware good ole boy cronies is now our Chief Chancellor, Andre Bouchard. God help us — absent judicial reform.
The elevation of Leo E. Strine, the chancellor in Delaware’s
Chancery Court, which is the principal corporate-law court of the United
States, to chief justice of Delaware would not normally attract much comment.
Delaware is one of the smallest and least populous states and is chiefly known
as a place of incorporation and for the historic presence of the du Pont family
and the DuPont chemical company. (Pierre S. “Pete” du Pont IV was a recent and
well-known governor.) Because Delaware became the preferred place of
incorporation as the American industrial and financial boom lifted off after
the Civil War, it has had great importance as a commercial jurisdiction. Leo
Strine — a well-connected Democrat and former aide to a Democratic governor,
current U.S. senator Thomas Carper — served 15 years on the Chancery Court,
three as head (chancellor) of it, and built a reputation that extended
throughout the corporate community of the United States and beyond, as a
sometimes controversial, outspoken, whimsical, and decisive judge.
None of these need be negative characteristics, but he is,
in fact, a hip-shooter, who fancies himself a very blithe wit and feeds on the
sycophantic laughter of counsel and their clients appearing before him. He
follows cases closely, produces verdicts and judgments promptly, and clearly
possesses a sharp intelligence, but he has periodically lapsed into discursive
speculation on irrelevant subjects, including in one instance the religious
affiliations of contending parties (without implying any bigotry, but with a
distracted concern for matters unrelated to the case). He was rebuked by the
court he will now head, when the state supreme court reminded judges not to use
their positions in trials as “a platform from which to propagate their individual
world views on issues not presented.” Strine frequently reveals himself as a
fervent sports fan and engages in popular-culture references that do enliven
his interventions and even decisions, as if to fortify his unprepossessing Mr.
Peepers appearance.
There is not really anything wrong with any of this either,
and judges could often do with a little loosening up, as they often affect
undue severity in their dickies and robes and on their elevated platforms where
they rule with almost unquestionable authority. In fact, complaints of this
kind disguise the real problem with Strine: that, while he is intelligent and
quick, he is a compulsive attention-seeker and often says injudicious things
and produces bad and unjust judgments. He, like a significant number of judges,
but more vividly than all but a few, is like a hyperactive version of F. Scott
Fitzgerald’s description of the rich drifters of The Great Gatsby: “They were
careless people. . . . They smashed up things and creatures and then retreated
back into their vast carelessness . . . and let other people clean up the mess
they had made.” As his spouting of contemporary pop-culture jargon portends,
Strine is trendy, and combines Bacon’s famously disparaged “much-talking judge”
with the contemporary description of much of the bench as “the Zeitgeist in
robes.”
Readers will discern that I speak from experience. I
testified in Strine’s court at length in a case where companies controlled by
my associates and me were involved. He signaled clearly in the preliminary
meeting with counsel that he had already determined the case against us and my
counsel advised me to fold and act otherwise against our opponents. With no
optimism about the outcome of the impending trial, I concluded that that would
produce the same result with the additional appearance of cowardice on our
part, and the case proceeded. He was perfectly courteous to me as a witness and
we even exchanged a few quips and a bit of jaunty badinage, and he has
subsequently referred to me quite politely, even with the affected
comradeliness of a former adversary whom he bested. But he wrote a judgment
that did extreme damage to the interests of tens of thousands of shareholders
and was largely debunked in subsequent proceedings in various courts, including
a four-month criminal trial. After Strine enthroned others in control of our
companies, his protégés enriched themselves obscenely and the companies
eventually went bankrupt, wiping out $2 billion of shareholders’ equity
dispersed among average people in every U.S. state and Canadian province. The
faction he upheld at trial — to Strine’s professed amazement, as any indication
of his fallibility seems to amaze him — ultimately agreed to a $5 million
(Canadian) settlement of my libel suit, by far the largest such payment in
Canadian history, as part of an overall resolution, in my favor, of a complex
of related lawsuits.
I certainly cannot blame Strine alone for the fact that I
was wrongly convicted and sent to prison for three years, before the charges
that he had helped to generate were abandoned, rejected by jurors, or
unanimously vacated by the U.S. Supreme Court. Injustices occur, and given the
correlation of forces between the U.S. government (and its Canadian Quislings)
and myself, I did well to put it behind me as soon as I did. (Prosecutors were
seeking life imprisonment and $140 million in fines and restitutions, and
finally got three years and two weeks, and $600,000. And Richard Posner of the
Seventh Circuit Court of Appeals in Chicago, the dean of all flippantly
opinionated American judges, had to retrieve two counts to achieve even that
for the prosecution Strine effectively solicited.) I am personally
philosophical, found my time in prison quite interesting, and even enjoyed a
few aspects of it, especially helping over a hundred students to matriculate
from secondary school. It was completely unjust that I was there, but I tried
to make the best and most of it; and the world is not a rose garden for anyone.
My point is not personal bitterness toward Strine and
Posner, though my regard for them is not unlimited. My grievance is that these
two, and an appreciable number of other judges, simply bang down their gavels,
bring down resonant and histrionic decisions that are apt to be completely mistaken
and to inflict injustice, and continue in their terminal self-absorption. When
we first appeared before Posner, he seemed not even to have read our papers,
and much of his fatuous judgment that would soon be shredded by the high court
was a description, in reference to the so-called Ostrich Rule, of the habits of
the ostrich. Strine acknowledged in his judgment against us that a reasonable
person might find entirely differently, and reasonable people eventually did,
though Posner, not being in that category, was not one of them. The U.S.
Supreme Court was. But Strine and Posner and similarly wired judges just drive
on, never apparently reflecting on the impact their capricious decisions have,
or wondering if a little Solomonic deliberation might better serve society or
even enhance their ultimate reputations as jurists.
Posner, at least, was frustrated in his ambitions to reach
the highest court; he blamed this on his advocacy of legalized marijuana,
though such brainwaves as his proposal to make the adoption of children
straight financial auctions might have had something to do with it. He has, in
his irritation, taken to public criticism of the U.S. Supreme Court, sometimes
justly. But his complaint that the justices of that court interrupt counsel too
much is a bit rich; at our first appearance before him, though my counsel was a
very respected former deputy solicitor general of the United States, Posner
allowed him to complete only 15 percent of the sentences he initiated. His
manner was querulous, antagonistic, and boorish. Justice Scalia called him a
“liar,” and in our case he was censured by the whole Supreme Court, in a
judgment written by Justice Ginsburg, for “the infirmity of invented law.” No
doubt he has had his moments, but he has been drinking his own bathwater for
decades and he must subside soon.
Strine, who is approximately 50, cannot possibly imagine that his career ends in the highest court of the dollhouse state of Delaware. Both judges should wear bells on their heads like medieval lepers to warn the unsuspecting of their approach. They are a menace, not because of lack of ability, but because of helpless thralldom to their own self-worship. Strine claimed in his confirmation hearings that he wished to fortify Delaware’s status as America’s premier corporate jurisdiction. Doing so will require a miraculously successful lobotomy or the greatest revelation since Zechariah was struck dumb in the Temple. Failing such astounding developments, corporate America should decamp, to other countries, and certainly to other states, as Delaware will pay for his elevation.
— Conrad Black is the author of Franklin Delano Roosevelt: Champion of Freedom, Richard M. Nixon: A Life in Full, A Matter of Principle, and the recently published Flight of the Eagle: The Grand Strategies That Brought America from Colonial Dependence to World Leadership.
Is this America? You have to wonder… when your Chief
Chancellor Andre Bouchard is once again making a Stalin-like decision to
dissolve a solvent company, rather than letting the private sector solve its
own problem — which it would do, if the Court would stay out of it.
Equity-only courts, like the Chancery Court in Delaware,
have been officially outlawed in 48 of 50 States! Only Delaware and Tennessee
allow judges such unfettered power without the checks and balances of a jury.
It’s a court run by a man who appears to be absorbed by
making companies spend and spend to solve simple problems. You appear to have
deadlock here. Why not do what Delaware Supreme Court Justice Valihura demanded
in the TransPerfect Global case, and expand the Board? In my view, the answer
to “why not?” is because these decisions do not allow for Chancellor
Bouchard to enrich his so called, elite, Delaware, lawyer friends and Skadden
Arps buddies!!
Why would Bouchard do the equivalent of dropping a nuclear
bomb on employees, their families, the U.S. Constitution and all business law
precedence in America before his regime? The fly-swatter of an expanded Board
can solve any deadlock, but where is the money for greedy Bouchard in something
so simple? Bouchard’s pals would not profit from such simple American logic if
it were applied here.
Simply put folks: Bouchard’s court, in my opinion, has
turned into a money-making machine for his friends and cronies. How much money
will be spent in the process? How much money could get funneled to all of his
pals in the court-system?
We must rise up and stop this nefarious trend by a self-
serving Judge who seems to be using the system for his own advantage? The Bar
Association always has to go in front of him and plead their cases for his
entire 12-year term, so they are beholden to obey Bouchard’s will. Folks,
“the fox is guarding the hen house”! From my perspective, our elected
General Assembly must step up for the people, reign in this-what I
call-“business-terrorist jurist”, and restore the balance of power in
our State before it is too late.
Instead, Bouchard’s solutions are un-American and insanely
expensive. Bouchard has yet to explain any of the details or unseal the case
where he ordered $250 million of TransPerfect’s money to be spent. The solution
should be that Bouchard expands a company’s Board and lets the private sector
make these decisions.
Instead, it is obvious to me and many others, he chooses to
make the company “government controlled” — where he can make his
cronies and good old boys richer and richer. He can pay back those who
supported him to become Chancellor with no bench experience.
To me folks–It’s a crime, I see it plain as day, and it has
to stop.
I pledge to talk to the employees of this recent company
fiasco in Bouchard’s Court as well — just like TransPerfect — and give you
honest reporting of any atrocities that Bouchard’s lackeys commit when he puts
them in charge. According to employees, one woman at TransPerfect is still in
therapy from the intimidation of Bouchard’s appointed Custodian and the fear of
losing her job.
Folks, it is my absolute opinion, If the hubris of this
inexperienced, petulant, greed-ridden, all-powerful Chancellor is not reigned
in, Delaware’s image as once the #1 place for corporations — whatever is left
of it and what’s left of Delaware’s economy — will be gone.
I implore you, my readers: Please call your elected state
legislators, and tell them you will not stand, for what I consider, this
corrupt behavior in our judiciary! IT IS GOING TO BE AN ISSUE IN THE 2020
ELECTION !
Please read the article below and any feedback you send me
will be appreciated.
Here is the Law360 story:
Dysfunction Leads Del. Chancery To Dissolve Pharma Co.
By Vince Sullivan
Law360 (May 17, 2019, 7:03 PM EDT) — A Delaware Chancellor
ordered the liquidation and dissolution of a pharmaceutical development company
Friday, saying disagreements among the company’s three managers have created a
deadlock that has frozen operations and doomed its future prospects.
Chancellor Andre G. Bouchard said Inspirion Delivery
Sciences LLC cannot move forward because its operating agreement doesn’t provide
a mechanism to resolve the differences facing members Stefan Aigner, Raymond
DiFalco and Manish Shah, and there is no practical way for the business to
continue.
“Underlying the rupture in their relationship, Aigner,
DiFalco and Shah have been at loggerheads over issues of fundamental importance
to the company and its future … ,” Chancellor Bouchard said in his
opinion. “In sum, the current state of play at the company is that the
board consists of three managers, two of whom disagree vehemently on issues
critical to the company’s management and business strategy.”
The fissures began to show about two years ago, the opinion
said, when Aigner, on one hand, and DiFalco and Shah, on the other, disagreed
on supply contracts for the production of the company’s opioid abuse-prevention
drug technology. The unique corporate governance structure required that Aigner
and either DiFalco or Shah agree on corporate actions, but a dispute over
DiFalco and Shah’s ownership of the company Inspirion contracted with to manufacture
its drug led to the deadlock.
A series of acrimonious actions and reactions followed, with
Aigner accused of trying to eliminate DiFalco’s veto rights using the
conflict-of-interest provisions in the operating agreements, the opinion said.
Aigner filed suit in late 2018 seeking declarations that
would cement his control of the company while limiting DiFalco’s management
role, and DiFalco filed counterclaims seeking a dissolution of the company.
The agreement allows for the appointment of an independent
representative to vote in DiFalco’s place when issues arise with supply
contracts that implicate DiFalco’s other businesses, Chancellor Bouchard said.
But DiFalco’s independent representative resigned in the fall of 2018, followed
by Shah’s resignation, leaving just Aigner and DiFalco as voting members.
The opinion said the independent representative mechanism
could work to resolve the differences between the two, but the chancellor
determined it was highly likely the remaining managers would deadlock on the
appointment of a replacement representative.
Even if there were a new representative selected or
appointed by the court, the opinion said the mechanism is fatally flawed due to
the ambiguous language in the operating agreement that gives no concrete
definition of a conflict or when a manager would be required to disclose a
conflict that would call the independent representative to the table to vote.
The deadlock has prevented Inspirion from selecting a
contractor to manufacture its opioid abuse-prevention drug technology and has
made it nearly impossible to monetize its valuable intellectual property,
Chancellor Bouchard said.
“Under these circumstances, the court concludes that
dissolution of the company is the best and only realistic option to force the
parties to find a resolution where they have failed before, or if they cannot,
to yield value for them by selling the company’s assets,” the opinion
said.
William T. Reid IV of Reid Collins & Tsai, representing
DiFalco, told Law360 Friday that the court’s decision will hopefully help in
the development of new drugs to combat the opioid epidemic.
“This is an important victory for our client that will
hopefully free up the technology so desperately needed to help those affected
by the opioid epidemic,” Reid said. “We’re grateful that this court
took the rare step of ordering a dissolution of the dysfunctional
company.”
Representatives for Aigner did not immediately respond
Friday to a request for comment.
Inspirion was formed in 2008 to develop drugs that would
prevent the abuse of opioids by maintaining the time-release properties of
opiate-based medications even after the pills were crushed and ingested,
according to the opinion. It brought one such drug, MorphaBond, to market, and
received regulatory approvals for a second drug, RoxyBond.
Aigner is represented by Peter B. Ladig and Brett M.
McCartney of Bayard PA, and David H. Wollmuth and Michael C. Ledley of Wollmuth
Maher & Deutsch LLP.
DiFalco is represented by Norman H. Monhait and Carmela P.
Keener of Rosenthal Monhait & Goddess PA, and William T. Reid IV, Michael
Yoder, Jordan L. Vimont and Ryan M. Goldstein of Reid Collins & Tsai LLP.
The case is Acela Investments LLC et al. v. Raymond DiFalco
et al., case number 2018-0558, in the Court of Chancery of the State of
Delaware.
–Editing by Jack Karp.
Dear Friends,
Politics is a very rough game. There is no doubt, that anybody who runs for public office must be prepared to have their entire life exposed for all the world to see. Frankly folks ,I have been involved in every aspect of this nasty business as a member of Delaware’s Republican Party. I have done everything from licking stamps, stuffing envelopes, being a large political contributor, being an elected official, a district chairman, a delegate to the convention, a political consultant, a two time campaign manager-once for Governor and once for US Senate, TWICE a candidate for County Council, and to being a lobbyist in the General Assembly. I did this stuff for over 20 years. I am now a political pundit who is educated, audacious, wise, and unafraid to say exactly what I think. If you don’t like it too bad. I always get some people who say “Take me off your list. Then six more people ask to sign up. At this point I would categorize myself as a conservative with a few social exceptions. I have an e-mail network that I have accumulated over the years that reaches over 6000 people in the state of Delaware. I support Donald Trump’s platform 100% and I truly believe that Senator Tom Carper is no longer qualified to represent Delaware. He is so jaded that it is a frightening scenario to think that he might continue as a US Senator. It seems as if the Democrats are continuously moving toward more and more socialism every day.
There are two people running in the Delaware Republican Party to be the Republican candidate for the United States Senate from Delaware against incumbent Senator Tom Carper. The two candidates are Gene Truono who is a solid conservative, a devout Christian, an attorney, and someone who is knowlegble about economics and the recovery agenda that Trump is bringing to America. The other candidate is Sussex County Councilman Rob Arlett. I have heard some disconcerting comments from the Arlett camp about Gene Truono for reasons that are in today’s modern climate, not even worth considering. This attitude, in my opinion, is just plain ignorant and stupid. One thing for sure, “people in glass houses should never throw stones.”
I appreciate any candidate who runs for public office, because I know how hard it is.Although a decent man, Rob Arlett, in my opinion, cannot defeat Tom Carper (even though the Senator is vulnerable and is moving further to the left). On 9/5/09 Arlett had a foreclosure with LM Mortgage –case # SO9L-09-37, Arlett filed personal Bankruptcy –case # 101335, On 6/ 21/2011, he filed Chapter 13 Bankruptcy for $356,330 dollars-case # 111189, and on 11/12/2016 he had a sheriff’s sale to satisfy the foreclosure for $551, 852.57. Arlett had two State of Delaware Tax Liens, one in the amount of $9,097 and another in the amount of $4,172. Finally he had a Federal Tax Lien in the amount of $68,000. Folks, it is unlikely this man can be elected over Tom Carper, because bankruptcies and tax liens are usually detrimental for achieving victory in any election, regardless of the personal circumstances or time it occurred . It is a true uphill battle. The voters don’t want to hear about financial problems past or present from any candidate. It is unfortunate, however that is the way it is in this savage and difficult arena.
Gene Truono , on the other hand has enjoyed an impeccable financial record, he is an expert on economics and the constitution, and supports President Donald Trump’s agenda completely. I have to go with Gene Truono in this battle folks. He is the better candidate and has the better chance of winning against Tom Carper.
Please vote for Gene Truono for the United States Senate on September 6th in the Delaware Republican primary. I want a Republican candidate who has an excellent chance of defeating Carper and by doing so, will go to Washington to help Donald Trump complete his agenda. Gene Truono can actually win, while Arlett has no shot in my educated opinion. Some of you who are blinded by your personal prejudices and short sighted considerations, I am asking you to think logically about this primary election. If you choose Gene Truono in this primary, you will have an excellent opportunity to elect a new Senator from the State of Delaware who is a Republican. I urge you to give Gene Truono your vote and let us help the US Senate by adding another Republican to our government.
Endorsement of Gene Truono for US Senate in the Delaware Republican Primary !
>
PUBLIC SERVICE ANNOUNCEMENT! > >” I don’t know why people would ask my opinion on anything, but they do sometimes. > > I have been asked repeatedly since I moderated a Republican Senatorial Primary Debate between Rob Arlett, and Gene Truono, who am I voting for in the Republican primary to choose who will go up against the ultra liberal democrat Senator Tom Carper in the general election? If you missed the debate, here is my broadcast of the debate: > > https://www.spreaker.com/…/delaware-republican-senatorial-p… > > Let me preface my statement with this; either Republican candidate would be a far site better than the current debacle we now have misrepresenting Delaware in Washington DC. > > That said, having moderated what I thought was a very good debate at the American Legion in Dover, Delaware, and having watched subsequent debates, and having asked VERY difficult questions to Gene Truono….. > > I am VOTING for Gene Truono in the Republican Primary. > > Here is why: > > 1. I appreciate Gene’s incredible sincerity… Not to say I think Rob isn’t sincere; however, I find Gene Truono to be refreshingly sincere and authentic. > > If you want to clearly know where Gene Truono stands on an issue, just ask him. Gene will articulately represent his view in an impossible to misunderstand manner, REGARDLESS of who is asking. > > Simply put, Gene’s answer is NOT political, it is honest, practical, and as I have found, the right answer. > > 2. At the debate, and in most political debates, candidates tend to use every possible second, and then some seconds OVER their time to talk as long as they possibly can. > > In the debate I moderated, Gene Truono clearly, quickly, and accurately answered every question presented to him, and on the one occasion Gene wasn’t sure of the answer, he answered this way; “I don’t know. I will find out and get back to you.” Refreshingly, Gene never required the full two minutes to answer ANY question. When he was finished answering the question clearly and honestly, he simply sat down. > > And, he did answer clearly and quickly over and over. > > Have you ever heard a candidate NOT give some bloviated non answer to just occupy their 2 minutes of time, and hope their answer convinces some folks in the audience that the question was answered. Neither have I…. Until Gene Truono. I respect that. > > 3. On the issues I believe Gene Truono is in alignment with my stand, and what I believe is best for Delaware. All of them, not some of them, all of them. > > 4. I believe Gene can bring about change, positive change. Not a bunch of talk, but action. The issues we face are complex, but I am confident Gene can easily handle the most complex of issues, because he has been doing just that his whole life. > > 5. Gene’s answers and policy positions are congruent and consistent no matter who is in the audience, or asking the question. His answers are his answers, his beliefs are his beliefs, no matter who is asking. > > 6. There are many “conservative Christians” who will point to Gene being gay and say they “simply cannot vote for a gay candidate!” > > Then, they will self righteously allege Gene will “push a gay agenda and support issues antithetical to conservatives” even though there is ZERO evidence to support that claim. > > I challenge you to ask Gene where he stands on those issues… Then, call me. I will enjoy listening to sheepish religious Rottweilers eat their own words. > > 7. Gene is unabashedly PRO LIFE. > 8. Gene is unabashedly PRO Second Amendment. > 9. Gene is unabashedly PRO Constitution. > 10. Gene not only understands President Trump, he absolutely supports his agenda and has a plan to effectively implement that agenda in Delaware. > > That includes effective law enforcement, including protecting our borders and once and for all dealing with ILLEGAL Immigration. If you don’t think Delaware has a serious illegal immigration problem, you aren’t looking. > > Bottom line? I agree with Gene Truono… on nearly everything. > > Let me add this… I was blown away to learn how Gene has served ALL communities… Poor, white, black, allllll communities, without anyone looking, for decades, with no votes at stake. Nothing to win, just because. This guy is one principled dude. > > Listen, I could list 1-100 reasons why I am supporting Gene Truono, but you don’t have time for that, you need to be busy helping Conservatives defeat ultra liberal Tom Carper. > > Having now met Gene and having spent considerable time with him, I consider Gene Truono a trusted and good friend. > > Time is running short… Conservatives MUST flood the polls in September. No matter what. > > Collision of Faith and Politics Radio Show with The Ninja Pastor, Rev. Dr. Shawn Michael Greener
“As I have said many times publicly, I support the President and his administration. Like the President, I am an outsider and a businessman, not a politician.” Gene Truono, Candidate for U.S. Senate
A challenge of conservatism has ramped up the rhetoric between two candidates in Delaware’s race for U.S. Senate when Rob Arlett called Gene Truono a “party crasher” after it was learned he changed his party affiliation from Independent a few months prior to launching his campaign for the Republican nomination.
Truono appeared on the Dan Gaffney Show Monday morning where he claimed he supported more Republican policies than Arlett who told our Susan Monday in an earlier interview that “there’s a lot of things in the party that I don’t agree to, but the reality is it’s not about party politics, it’s about putting the focus back on the people.”
Your browser does not support the audio element.
“I really support almost all of the platform of the Republican party. I reviewed it in detail in detail before I decided to run for office, which is why I decided to run as a Republican. And I reviewed it again most recently and I think of all the positions, both domestic and foreign, I fully support” he said. “The only one actually in the platform that I don’t is the gay marriage issue, otherwise I think I am very aligned with the National Republican Committee. I haven’t heard back from Rob on what positions he doesn’t support.”
Arlett was quick to fire back, at which time he called Truono a “party crasher” and pointed out that he changed his party affiliation from Independent to Republican to launch a bid for U.S. Senate.
Your browser does not support the audio element.
“I don’t know where my opponent is coming from because he has no record because he’s only come into the Republican party seven or eight months ago, specifically to run for the U.S. Senate,” he said. “I would call my opponent a ‘party crasher’ because he’s crashed the Republican party specifically to run for the U.S. Senate. So, the question would be why would he not just run as an independent. If he was always an Independent, then why would he crash the Republican party? It makes no sense to any Republican, truth be told.”
Truono said he changed his party affiliation in August, 2017. He cited how President Trump was a registered Democrat before he was an Independent and before he was Republican. He claimed party affiliation doesn’t transcend to someone’s values and principles, and that he’s been a conservative all his life.
The two candidates went head to head in a debate last week in Milton. The state’s primary election will take place September 6th. Polls will be open from 7 a.m. to 8 p.m., and only registered voters from participating parties may vote.
Stay up to date, set your car radio to Delaware 105.9FM – Listen LIVE
A description of politics in the US since the mid sixties.
Evan Douglas Sayet is a comedian and conservative speaker. He is the nation’s leading conservative speaker, an in-demand Master of Ceremony for Republican events. Sayet is the author of The Kinder Garden Of Eden: How The Modern Liberal Thinks And Why He’s Convinced That Ignorance Is Bliss.
He Fights. by Evan Sayet
My Leftist friends (as well as many ardent #Never Trumpers) constantly ask me if I’m not bothered by Donald Trump’s lack of decorum.
They ask if I don’t think his tweets are “beneath the dignity of the office.” Here’s my answer: We Right-thinking people have tried dignity. There could not have been a man of more quiet dignity than George W Bush as he suffered the outrageous lies and politically motivated hatreds that undermined his presidency.
We tried propriety: has there been a nicer human being ever than Mitt Romney? And the results were always the same.
This is because, while we were playing by the rules of dignity, collegiality and propriety, the Left has been, for the past 60 years, engaged in a knife fight where the only rules are those of Saul Alinsky and the Chicago mob.
I don’t find anything “dignified,” “collegial” or “proper” about Barack Hussain Obama’s lying about what went down on the streets of Ferguson in order to ramp up racial hatreds because racial hatreds serve the Democratic Party.
I don’t see anything “dignified” in lying about the deaths of four Americans in Benghazi and imprisoning an innocent filmmaker to cover your tracks. I don’t see anything “statesman-like” in weaponizing the IRS to be used to destroy your political opponents and any dissent. Yes, Obama was “articulate” and “polished” but in no way was he in the least bit “dignified,” “collegial” or “proper.”
The Left has been engaged in a war against America since the rise of the Children of the ’60s. To them, it has been an all-out war where nothing is held sacred and nothing is seen as beyond the pale. It has been a war they’ve fought with violence, the threat of violence, demagoguery and lies from day one and the violent take-over of the universities till today.
The problem is that, through these years, the Left has been the only side fighting this war. While the Left has been taking a knife to anyone who stands in their way, the Right has continued to act with dignity, collegiality and propriety. With Donald Trump, this all has come to an end. Donald Trump is America ‘s first wartime president in the Culture War.
During wartime, things like “dignity” and “collegiality” simply aren’t the most essential qualities one looks for in their warriors. Ulysses Grant was a drunk whose behavior in peacetime might well have seen him drummed out of the Army for conduct unbecoming.
Had Abraham Lincoln applied the peacetime rules of propriety and booted Grant, the Democrats might well still be holding their slaves today. Lincoln rightly recognized that, “I cannot spare this man. He fights…”
General George Patton was a vulgar-talking, son-of-a-bitch. In peacetime, this might have seen him stripped of rank. But, had Franklin Roosevelt applied the normal rules of decorum then, Hitler and the Socialists would be five decades into their thousand-year Reich.
Trump is fighting. And what’s particularly delicious is that, like Patton standing over the battlefield as his tanks obliterated Rommel’s, he’s shouting, “You magnificent bastard, I read your book!” That is just the icing on the cake, but it’s wonderful to see that not only is Trump fighting, he’s defeating the Left using their own tactics and that’s what they really hate.
That book is Saul Alinsky’s Rules for Radicals a book so essential to the Liberals’ war against America that it is and was the playbook for the entire Obama administration andthe subject of Hillary Clinton’s senior thesis. It is a book of such pure evil, that, just as the rest of us would dedicate our book to those we most love or those to whom we are most indebted.
Trump’s tweets may seem rash and unconsidered but, in reality, he is doing exactly what Alinsky suggested his followers do. First, instead of going after “the fake media” and they are so fake that they have literally gotten every single significant story of the past 60 years not just wrong, but diametrically opposed to the truth, from the Tet Offensive to Benghazi, to what really happened on the streets of Ferguson, Missouri, Trump isolated CNN. He made it personal.
Then, just as Alinsky suggests, he employs ridicule which Alinsky described as “the most powerful weapon of all” … Most importantly, Trump’s tweets have put CNN in an untenable and unwinnable position. … They need to respond. This leaves them with only two choices. They can either “go high” (as Hillary would disingenuously declare of herself and the fake news would disingenuously report as the truth) and begin to honestly and accurately report the news or they can double-down on their usual tactics and hope to defeat Trump with twice their usual hysteria and demagoguery. The problem for CNN (et al.) with the former is that, if they were to start honestly reporting the news, that would be the end of the Democratic Party they serve.
It is nothing but the incessant use of fake news (read: propaganda) that keeps the Left alive.Imagine, for example, if CNN had honestly and accurately reported then-candidate Barack Obama’s close ties to foreign terrorists (Rashid Khalidi), domestic terrorists (William Ayers), the mafia (Tony Rezko) or the true evils of his spiritual mentor, Jeremiah Wright’s church. Imagine if they had honestly and accurately conveyed the evils of the Obama administration’s weaponizing of the IRS to be used against their political opponents or his running of guns to the Mexican cartels or the truth about the murder of Ambassador Christopher Stevens and the Obama administration’s cover-up.
So, to my friends on the Left and the #Never Trumpers as well do I wish we lived in a time when our president could be “collegial” and “dignified” and “proper”? Of course I do. These aren’t those times. This is war. And it’s a war that the Left has been fighting without opposition for the past 50 years.
So, say anything you want about this president – I get it – he can be vulgar, he can be crude, he can be undignified at times. I don’t care. I can’t spare this warrior. He fights for America! Fight on you magnificent bastard.
Can you Guess Who Will Evade Justice? That’s Right, Delaware Good Old Boys Club: Bouchard, Pincus, Skadden, and the Chancery Court!
Once again folks, we have the U.S. Department of Justice chiming in on Skadden Arps and our Chancery Court. And, it ain’t pretty! The mess Bouchard and Pincus made while emptying TransPerfect’s corporate coffers, in my opinion, to benefit themselves and it keeps getting worse. Please remember who has been telling you that the many awful black-eyes will keep coming and coming for our state, and for our Chancery Court, under the inauspicious leadership of Andre Bouchard.
The latest headline: The DOJ just accused TransPerfect of
discriminating against dual citizens and non-U.S. citizens when helping
Clifford Chance’s staff organize a project in 2017.
NEWSFLASH folks: TransPerfect Management wasn’t in charge in
2017, our Delaware Chancery Court was. And it is plain-as day to me that
Skadden was so busy fleecing and mismanaging the company as I see it with its
illegal 3-year $1,475-per-hour occupation of the company that apparently it
supervised conduct that the DOJ believes is absolutely illegal.
THIS IS OUTRIGHT CRAZY!! WHEN WILL WE STAND UP TO THIS
PERCEIVED CORRUPTION IN THE DELAWARE CHANCERY? WHEN, I ASK?!
For more on how Chancellor Bouchard, Custodian Robert
Pincus, and repeat DOJ offender — Skadden Arps — used the Chancery Court’s
power to direct what the DOJ calls a “pattern of discriminatory and
illegal behavior” — Please read the story below.
Folks, It’s only going to get worse and worse for the
Chancery Court, who still will not, despite repeated requests, unseal the
documents in the case.
MORE THAN EVER, I would love to hear your thoughts on this
situation, and any comments on how honest on-lookers can bring these Delaware
elites to justice.
Law360 (May 9, 2019, 11:36 PM EDT) — The U.S. Department of
Justice has accused TransPerfect of discriminating against dual citizens and
non-U.S. citizens when helping Clifford Chance staff up a project in 2017.
The DOJ’s complaint, filed Wednesday in the Office of the
Chief Administrative Hearing Officer, claims the staffing company violated the
Immigration and Nationality Act when it honored the firm’s request to only
recruit and hire people who were citizens of the U.S. exclusively. Clifford
Chance LLP ended the DOJ’s probe into it in August by paying a $132,000
penalty, without admitting liability.
TransPerfect’s attorney, Martin P. Russo of Kruzhkov Russo
PLLC, told Law360 that the alleged misconduct took place while the company was
under a court-ordered custodianship. As part of a high-profile fight between
TransPerfect’s founders, Philip Shawe and Elizabeth Elting, for control of the
company, a Delaware Chancery Court in 2015 placed Skadden Arps Slate Meagher
& Flom LLP’s Robert B. Pincus as custodian, namely to sell the business.
Shawe ended up buying Elting out in a deal the court approved in February 2018,
effectively ending Pincus’ custodianship.
The DOJ says the firm — which it does not identify in the
complaint — used TransPerfect to staff up on attorneys for a temporary document
review project. For several months in 2017, TransPerfect only recruited and
hired U.S. citizens, and for most of the time only hired citizens who didn’t
hold a second passport, the government claims.
The INA bars employers from intentionally discriminating
against U.S. citizens or nationals, lawful permanent residents, asylees, and
refugees during the hiring process, unless it falls under a legal carve out,
the DOJ said.
“TransPerfect maintains that it did not violate the
statutes alleged or engage in any conduct that was outside the bounds of the
law,” Russo said.
In August, the DOJ said the U.S. arm of Clifford Chance
violated anti-discrimination provisions of the INA by terminating three
employees and refusing to consider eligible job candidates for 36
document-review roles because of their citizenship status from March to July
2017.
Clifford Chance had told investigators that it placed a
citizenship-based staffing restriction on a specific document-review project
because it believed it was required by the International Traffic in Arms
Regulations, or ITAR, which in certain circumstances requires only a “U.S.
person” to review highly sensitive materials.
But the DOJ said the firm misunderstood its obligations
under the ITAR and that the regulations did not excuse discrimination on the
basis of immigration status or nationality.
The new suit is against Chancery Staffing Solutions LLC,
which is the successor to TransPerfect Staffing Solutions LLC. The company does
business now as TransPerfect Staffing Solutions and TransPerfect Legal
Solutions, the DOJ said. The government is hoping to get civil penalties, back
pay on behalf of the workers who faced alleged discrimination, and other relief
to “correct and prevent discrimination.”
“Staffing agencies must be diligent in satisfying their
obligation under the INA to avoid citizenship status discrimination against
U.S. citizens and protected non-citizens, even when that discrimination is
requested by a client,” Eric Dreiband of the DOJ’s Civil Rights Division
said in a statement. “The Department of Justice is committed to
challenging such unlawful and discriminatory hiring practices.”
Skadden and Clifford Chance didn’t immediately respond to
requests for comment late Thursday.
The government is represented by Gloria Yi, Julia Heming
Segal and Sejal Jhaveri of the DOJ’s Civil Rights Division.
TransPerfect is represented by Martin P. Russo of Kruzhkov
Russo PLLC.
The case is U.S. v. Chancery Staffing Solutions LLC et al.,
case number unknown, in the Office of the Chief Administrative Hearing Officer.
-Additional reporting by Sam Reisman. Editing by Adam
LoBelia.
When it comes to corruption in Delaware’s Chancery Court,
the public must now assume: where there is smoke, there is fire!
According to a recent complaint in Federal Court,
TransPerfect’s #1 competitor was invited to participate in the
“auction” — but instead the competitor seems to have used the
Chancery’s “airtight” auction process as a massive platform to steal
TransPerfect’s trade secrets. So much for the public expectation of Delaware’s
Chancellor Bouchard to comply with his sworn duty to protect Delaware
companies– APPARENTLY NOT!
Some conspiracies fly under the radar because they are too
complicated to garner the appropriate attention, but remember folks, these
judges, lawyers, and good old boy Delaware elitists are sophisticated actors —
it’s no coincidence that $250 million was spent on lawyers and custodial fees.
Behold the following facts:
1. HIG/Lionbridge is TransPerfect’s #1 competitor.
2. Custodian Pincus of Skadden Arps allowed HIG/Lionbridge
unfettered access to hundreds of thousands of corporate documents, including
the most guarded secrets of TransPerfect.
3. HIG/Lionbridge is a client of the Skadden law firm.
4. HIG/Lionbridge is a client of Credit Suisse (but abruptly
switched sides to “represent” TransPerfect for Pincus).
5. HIG had a loan with Credit Suisse, so IF Credit Suisse
could have swung the auction results to HIG/Lionbridge, it would have helped
Credit Suisse. They call this a “conflict of interest.”
6. The “conflict of interest” would normally have
called for Credit Suisse to resign, but something made them feel protected
enough not to resign.
7. Skadden Arps alumni include none other than: Chancellor
Andre Bouchard, Custodian Robert Pincus, and Chief Justice Leo Strine
(Bouchard’s former intern).
The above information is gleaned from my two years of
research in following all the details of this case. If you think I may have the
facts wrong, then please read the following link below: publicly available in a
New York Supreme Court filing:
Is all this just coincidence? But folks, we must ask
ourselves is the $250 million dollars spent and distributed among Bouchard’s
cronies and former business partners (Skadden Arps Law firm) a legitimate
situation?
Credit Suisse is also more likely to be paid back on their
HIG/Lionbridge debt, if HIG/Lionbridge got a leg up in the competitive market
for translation by getting its hands on all of TransPerfect’s trade secrets,
including detailed client information, and including decision-makers and price
lists.
Perhaps the alleged trade secret theft happened with
HIG/Lionbridge acting on their own, but given all these connections, perhaps
not. You decide! Please read the article
below and send me your feedback. Your comments are welcome and appreciated.
Law360, New York (April 15, 2019, 5:47 PM EDT) —
TransPerfect Global has sued rival translation company Lionbridge Technologies
and private equity firm H.I.G. Capital for $300 million, claiming in Manhattan
federal court that they exploited a court-ordered sale of TransPerfect equity
to lift trade secrets.
The Thursday lawsuit, pending before U.S. District Judge
Denise L. Cote, claims that a unit of Miami-based H.I.G., H.I.G. Middle Market
LLC, engaged in “fake bidding” during the $770 million sale of a 50%
stake in New York-based TransPerfect to help Massachusetts-headquartered
Lionbridge gain an unfair advantage.
“For H.I.G., losing the auction was not a defeat because it was able to accomplish its refocused goal to gain an unfair competitive advantage over [TransPerfect],” the suit says.
H.I.G. and Lionbridge had discussed a go-private deal in 2016 that could have seen the private equity firm take control of both companies and permitted Lionbridge to “solidify its position as the dominant translations services provider worldwide,” the suit says.
H.I.G. completed its acquisition of Lionbridge in early 2017. But, according to the suit, even though TransPerfect co-founder Philip R. Shawe later that year won the auction for the TransPerfect stake, H.I.G. and Lionbridge still profited by gaining access to secrets that were pilfered from what should have been an airtight process mandated by a Delaware business court.
Credit Suisse, which handled the auction and is not a party to the lawsuit, “failed to take meaningful steps to protect the company’s confidential information, and defendants were permitted to freely interview
[TransPerfect’s] management and downloaded [its] top client lists, pricing information, commission schedules, employee files, and sales strategies,” the suit says. The suit adds that Credit Suisse owns Lionbridge debt and was “incentivized” to help H.I.G. shore up that debt.
H.I.G.’s conduct also delayed completion of the sale to Shawe and disrupted the plaintiff’s business, the suit says.
The sale of TransPerfect assets stemmed from a dispute between Shawe and company co-founder Elizabeth Elting over how to run the company that dates to 2014. H.I.G. improperly contacted Elting during the asset auction and assisted her in objecting to the sale to Shawe, the lawsuit says.
Lionbridge continues to use TransPerfect’s proprietary information to compete unfairly, according to the suit. TransPerfect seeks injunctive relief as well as damages, including punitive damages, in excess of $300 million.
Requests for comment from Lionbridge and H.I.G. were not returned. A lawyer representing TransPerfect declined comment. Credit Suisse declined comment.
TransPerfect is represented by Andrew Goodman of Garvey Schubert Barer and Martin Russo and Sarah Khurana of Kruzhkov Russo PLLC.
The case is TransPerfect v. Lionbridge et al., case number 1:19-cv-03283, in the U.S. District Court for the Southern District of New York.
–Editing by Amy Rowe.
Other Skadden Alumni Not (as of now) in Jail? Chancellor Andre Bouchard, Leo Strine, and Robert Pincus; But All Could Face Allegations of Corruption in the TransPerfect Case?
Dear Friends,
Chancellor Andre Bouchard’s former law firm is back in the news!
In my view, there could not be a more obvious pattern of illicit and dishonest behavior among elite members of Bouchard’s gang of judiciary law members. Skadden was recently fined $4.6 million for illicit lobbying efforts by the United States Department of Justice, and that is less than ONE-FIFTH of the king’s ransom that Chancellor Bouchard gave them from TransPerfect’s shareholders and employees. Then again, several employees have told me that Skadden’s representative, Robert Pincus, did attend approximately 12 board meetings for this $26 million. Doing the math, that’s over $2 million PER Board Meeting attended. What a payday Bouchard and Strine gave to their friend Robert Pincus!!!!!!
Mark my words Delaware Democrats, if our legislature doesn’t investigate the TransPerfect case, Chancellor Bouchard could sink Joe Biden’s 2020 presidential bid faster than the Monitor and Merrimack met their watery graves in the Civil War. Biden will have to explain — in my view, Chancellor Bouchard’s illicit activities that threatened 4,000 innocent employees — why he did nothing. Biden being from Delaware could influence a positive correction if he wanted to, but he won’t. The legislature didn’t do enough, but at least they considered a bill that curbed the Chancery’s unchecked power — and voted it out of committee.
Citizens, I implore you: Contact your elected officials and demand an investigation and demand Bouchard’s apparent, sealed document cover-up, come to an end. Don’t let these, in my opinion, suspicious and possibly corrupt Skadden Arps alumni steal Delaware’s future and continue to destroy Delaware’s image.
Please read the “National Law Journal” article below. As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Greg Craig, Former Skadden Partner, Charged With Lying About Ukraine Work
Prosecutors said Craig made false statements and concealed information about his work on a report prepared in 2012 for the Russia-aligned government of Ukraine.
Federal prosecutors on Thursday charged Greg Craig, a former White House counsel for President Barack Obama, with making false statements to the Justice Department in connection with his work for Ukraine as a partner at Skadden, Arps, Meagher, Slate & Flom.
Prosecutors said Craig made false statements and concealed information about his work on a report prepared in 2012 for the Russia-aligned government of Ukraine, on the prosecution of Yulia Tymoshenko, a former prime minister and political rival of the country’s president at the time, Viktor Yanukovych.
Craig’s arraignment is scheduled for Friday afternoon before Magistrate Judge Deborah Robinson. The case has been assigned to Judge Amy Berman Jackson, who has handled several cases brought by Special Counsel Robert Mueller’s investigation of Russian interference in the 2016 election. That includes the conviction of former Trump campaign chairman Paul Manafort on charges related to his own past lobbying for Ukraine, and former Trump adviser Roger Stone, who has pleaded not guilty to charges of lying to congressional investigators, obstructing justice and tampering with a witness.
With Thursday’sindictment, Craig becomes the first prominent Democrat to face charges linked to Mueller’s investigation. The case also is the first Mueller-related prosecution to come after the conclusion of the special counsel’s investigation.
The Justice Department had previously identified Manafort as the lobbyist who helped Ukraine retain Skadden.
Mueller’s office referred the case to the U.S. Attorney’s Office for the Southern District of New York in Manhattan, which did not bring charges. The charges entered Thursday came from federal prosecutors in Washington on the recommendation of the Justice Department’s National Security Division.
The charges come just months after Skadden agreed in January to pay $4.6 million—the equivalent of what the firm received from Ukraine—to resolve claims that it violated the Foreign Agents Registration Act by failing to properly report and disclose that work to the U.S. Justice Department. Without identifying Craig specifically, the Justice Department said in announcing the settlement that a partner at Skadden had made false and misleading statements to the agency’s national security division, causing the U.S. government to conclude the law firm was not obligated to register under FARA. Craig has maintained his innocence, even as his former law firm registered retroactivelyas a foreign agent as part of its January settlement with the Justice Department. Craig retired from Skadden in April 2018.
“This indictment accuses Mr. Craig of misleading the FARA Unit of the Department of Justice in order to avoid registration,” his defense lawyers William Taylor III and William Murphy of Zuckerman Spaeder said in a statement Wednesday. “It is itself unfair and misleading. It ignores uncontroverted evidence to the contrary. Mr. Craig had no interest in misleading the FARA Unit because he had not done anything that required his registration. That is what this trial will be all about.”
In the settlement with Skadden, the Justice Department suggested that Craig misled the national security division’s FARA unit about his contacts with news media ahead of the release of the Tymoshenko report. The Justice Department said Skadden, “in reliance on the lead partner, made false and misleading statements including, among other things, that Skadden provided a copy of the Report only in response to requests from the media and spoke to the media to correct misinformation about the report that the media was already reporting.”
“The firm also submitted documents to the FARA unit that were false,” the Justice Department added. Craig’s lawyers on Wednesday said he had, in fact, refused Ukraine’s requests to participate in the media and lobbying campaign to release the Tymoshenko report. That report, they said, was critical of Tymoshenko’s prosecution and “caused unhappiness” in Ukraine’s Ministry of Justice.
In their Wednesday statement, Craig’s lawyers acknowledged he spoke to reporters at The New York Times but said he did so on his own volition.
“He did this not at the direction or on behalf of Ukraine but to make certain that the Times would accurately summarize the report’s criticisms of the Tymoshenko trial and not rely on misinformation from Ukraine and its representatives,” Craig’s defense team said in a separate statement Wednesday. “He did not lie to his former firm or the government about these conversations. Furthermore, he was told by the FARA unit on Jan. 16, 2014, that he was not required to register under the statute.”
Craig’s attorneys said his underlying role in examining the Tymoshenko prosecution was as “an independent expert on the rule of law, not as an advocate for the client.” They said he and Skadden agreed to work on the report on the condition “that their report would be independent.”
According to Skadden’s FARA registration, Craig was joined on the Ukraine work by Skadden partner Cliff Sloan, whose hourly rate was identified as $1,050. Craig’s rate, according to documents filed in connection with the registration, was $1,150 per hour.
Among the other Skadden lawyers listed in the disclosure was Alexander van der Zwaan, a former associate in the firm’s London office, who pleaded guilty last year to lying to investigators in the special counsel’s office. He was sentenced in April 2018 to 30 days in prison and has since been deported.
That Chancellor Andre Bouchard, in my view, continues to engage in a cover-up and hide documents by abusing his sealing power has reached a Spanish newspaper (links and article below).
As I’ve screamed from the mountaintops, this man continues to be a stain on Delaware’s image. Can our state really afford to have our judiciary be the laughingstock of the international press for arbitrary, capricious, and suspicious behavior? We don’t need continued damage to our economy from self-inflicted wounds such as from Chancellor Andre Bouchard!!!
To summarize, news from the TransPerfect case, in which Chancery Court Chancellor Andre Bouchard continues to hide court documents has reached a newspaper in Spain! The case has been closed now for 18 months. How long can we let the “good ole boy” cronies get away this?
Delaware citizens are rightfully concerned, and the Delaware legislature should act on these concerns through its power to investigate.The “good ole boy”, Skadden Arps network should not prevent Delaware from governing itself. The mass court-ordered transfer of wealth in the TransPerfect case from shareholders and employees to Bouchard’s close pals is the greatest miscarriage of justice on American soil since World War II.
And the icing on the potential corruption cake is that Bouchard’s Chancery Court — arguably the most powerful business court in all of America — is further violating the public trust by refusing to unseal court documents and refusing to open itemized Skadden Arps and other bills related to its 3-year “custodianship” of a successful company, which many Americans clearly view as an illegal occupation and looting.
So again, SHOW THE DOCUMENTS MR. BOUCHARD?!?! If you don’t have something to hide, why the cover up? By requesting this unsealing, as a recognized member of the press, aren’t I giving you and your cronies a specific chance to clear your names? Everyday you do not come clean and simply be open and transparent, you further cost Delaware its historic and respected credibility, not only in the U.S., but abroad as well!
The weeks pass but the opacity in the TransPerfect case lasts. The records and details of the conflict are still blocked by Judge André Bouchard. Meanwhile, the associations of citizens of Delaware redouble their pressure to see what the judge ordered to spend 250 million dollars in one of the most controversial shareholder conflicts in the history of the United States. The collateral effects of the dispute have also been noticed in Spain. During the conflict, the 4,000 jobs generated by the company throughout the world have been put at risk, of which 500 are located in Barcelona.
Grouped around the Citizens for a Pro-Business Delaware association ,citizens disapprove of Bouchard’s attitude, which, in addition to damaging the image of the State, goes against the current US legislative framework, which obliges the public to publish detailed information on resolved cases. A maneuver that demonstrates a clear intention to hide the records and invoices with the aim of covering up all the law firms and consultants that have profited from this conflict.
Pressure on the Delaware court system
The favorable resolution of the TransPerfect case, with the purchase of Phil Shawe from the remaining 50% of the company, making it possible to secure employment and maintain the growth path, has not calmed the mood in Delaware.
Resolved the case of the multinational translation, the case now focuses on the neutrality of the judicial system of Delaware, which is in question. This American state has fallen from the first to the eleventh position in the neutrality ranking of the country’s judicial systems, according to a survey prepared by the United States Chamber of Commerce. As a result, some companies – including TransPerfect – have moved their headquarters to other states in search of a more neutral and competitive system.
Business leakage
The Delaware citizens’ associations believe that this fall in Delaware’s neutrality and competitiveness is holding other companies from establishing their headquarters in the State and involves the flight of companies to other, more competitive places. Something that poses a high risk for employment and directly impacts the generation of new jobs.
Now, the goal of these associations is to highlight the irregularities that have been in the TransPerfect case by the State Chancellery and prevent a repeat case like this, in which a judge decrees the forced sale of a company private multinational with benefits and approves the expenditure of 250 million dollars in law firms and related consultants.
Law firms involved in controversy
One of the firms that have profited the most in the TransPerfect conflict, with the consent of Judge André Bouchard, has been the Skadden Arps law firm. One of its partners, Robert Pincus, was appointed as judicial administrator of the company during the conflict precisely by Bouchard. According to data from the Citizens for a Pro-Business Delaware platform, Pincus would have received a salary of 1,425 dollars per hour to supervise the controversial forced sale of the company and would have presented invoices without details or breakdown, according to sources close to TransPerfect. Invoices that remain hidden today by the judge’s decision.
But the controversies that surround the firm do not end with the TransPerfect case and go further. In January of this year, the firm Skadden Arps agreed to pay a sanction of 4.6 million dollars (4.1 million euros) to resolve its responsibility with the Department of Justice of the United States for violating the Agent Registration Act. Foreigners (FARA) in political lobbying work done with Trump campaign advisor Paul Manafort to benefit the Government of Ukraine in 2012 and 2013 in favor of Yanukovych.
In this context, from Citizens for a Pro-Business Delaware demand to investigate the work commissioned by Bouchard to companies such as Skadden Arps, which have endangered thousands of jobs by targeting the division and sale of the company to funds vulture.
The latest on the TransPerfect Global case is that the employees of the company apparently have no choice but to go on offense, because the injustice and corruption are so over-the-top that the company itself is powerless to take legal action, because it knows it will see no justice from Andre Bouchard, Leo Strine and their Good Ole Boys Club known as the Chancery Court in Delaware.Understand folks, the problems here are dark and deep. The employees feel that the Chancellor has been and is continuing to steal from them. So much so, they have resorted to taking up the mantle for their own company because the money going to Bouchard’s friends at Skadden Arps is costing them their benefits and costing them their raises! Their lives and livelihoods are at stake as the Chancery Court’s approved looting has forced them to galvanize to battle this perceived corruption.All that money is going to Skadden Arps. Andre Bouchard, Chief Chancellor of the Delaware Chancery Court, is ordering it and there is nothing anyone can do to stop it. In fact, I’ve been told by contacts from within the company that these bills have been approved by Bouchard in 15 minutes or less! You’re hearing this right folks, the Chancery Court isn’t even looking over the very bills that they are ordering TransPerfect to pay. Given the intimate relationship between Skadden and Chancery, you would think they would handle them with extra care, instead they rubber stamp them!Egregiously, this is all happening under court seal and Bouchard continues to hide it from public view! It has to stop! Our state legislators need to take action. Now the employees — who in my opinion are really the ones being robbed — are so rightfully disgusted by the Court’s action that they are mounting a challenge to see these bills.Employees are demanding complete transparency from Bouchard’s Court and a release of all the documents, which is the law. These bills should be open to the public, by statue!Please read the detailed article below. The Chancery Court irregularities are so brazen that the employees are rising up against Bouchard’s shady court system. I again implore our legislators to no longer sit idly by as the largest heist in American court history continues unabated.
WILMINGTON, Del., April 11, 2019 /PRNewswire/ –18 months after the historic TransPerfect case was settled, the custodian in the case, Robert Pincus, has continued to bill TransPerfect every month for undisclosed services, including what his own $1,475 an hour role entails. His responsibility remains unclear, and any efforts to ascertain his work on behalf of TransPerfect has been met with silence. The Chancery Court has kept all invoices and description of services under seal – allegedly to protect the sale process, which ended in late 2017. The custodian’s spending is a matter of public record and public concern and employees deserve answers. Skadden, Arps, Slate, Meagher and Flom has received a sizable amount of the 250 million that was spent on the case. Chief Justice Andre Bouchard previously worked at Skadden before joining the Chancery Court in 2015.
“Why these records are still under seal is a perpetual mystery for our members. Pincus and his company has spent over $1M on secret services since the company changed ownership and the case ended,” said Chris Coffey, Campaign Manager for Citizens for Pro-Business Delaware. “This means fewer resources for TransPerfect employees in the form of income and benefits. To have those records under seal is arbitrary and capricious and you can only get away with that kind of rubber stamping in the secretive boys’ club that is the Chancery Court and its network of cronies. We need transparency at long last.”
CPBD will begin an ad campaign this Spring to highlight efforts to get to the bottom of this secret spending. The efforts may also include a push for legislation to increase transparency at the Chancery Court in cases similar to this one. Indeed, TransPerfect has continued to set records for growth despite the factual inaccuracies spread by the Court about the health of the company. The campaign will include digital ads, billboards, polling, and the hiring of a lobbyist. David Walsh has been engaged in the work.
About Citizens for a Pro-Business Delaware
Citizens for a Pro-Business Delaware is a group made up of more than 2,700 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 defend the TransPerfect employees and fight for more openness in the Delaware Chancery Court. For more information on Citizens for a Pro-Business Delaware or to join the cause, visit DelawareForBusiness.org.
“Delaware’s Chancery Once Again Makes a Bizarre Decision that Will Hurt Business” — That’s an actual headline in the Israeli newspaper one week ago. Read the article below.How long is Delaware going to allow the detrimental pattern of behavior by Chancellor Andre Bouchard to continue? In my view, the man’s appearance of corruption has tarnished our once great Chancery Court, and thus, our state’s once great reputation for being a fair and equitable home to businesses. The man is an international embarrassment, and no one would be telling Delawareans what these foreign journalists are writing about Chancellor Bouchard, if it were not for me.I believe the man is a menace ! When will Delawareans have had enough of Bouchard’s antics and demand change from our elected officials?How can this be good for Delaware? We must investigate Bouchard and his cronies and have them account for every cent of where TransPerfect’s $250 million went. Employees at the company are in the dark as to where all the money went?All they know is that the Chancellor somehow drives a Rolls Royce Bentley, while they go another year sacrificing raise money and benefits.We need to unseal the bills that Bouchard is illegally ordering to stay sealed to protect his former firm Skadden Arps — the Chancellor’s state-sponsored TransPerfect cover-up continues, and our state’s once-coveted image and national ranking plummets into the abyss.To my Democratic readers excited about the prospect of Joe Biden running, you can bet your bottom dollar that if Delaware continues to turn a blind eye to Bouchard’s corruption in the TransPerfect case, it will blow up in Democrat faces during the election.Encourage your elected leaders to investigate and follow the money trail, and as always, please share your thoughts.
When I first followed the happenings in Delaware as it pertains to how its incorporation business is run, I took issue with the Chancery court’s odd set of decisions in the corporate breakup of TransPerfect, an international translation firm with 75 employees in its Tel Aviv office. Now, after following this court system more carefully, I take issue once again with the recent decision by its Chancellor Andre G. Bouchard in the case of Charles Almond as Trustee for the Almond Family2001 Trust v. Glenhill Advisors – a case that challenges the merger of Design Within Reach and office chair maker Herman Miller. What I wish to convey here is that new businesses – Israeli startups – should not put their corporate eggs into Delaware’s Chancery Court basket, and maybe look elsewhere to incorporate – like Nevada, for example. The court’s decisions puts investors at risk, and without investors startups may have a hard time growing.
Here the Delaware Court of Chancery has constricted shareholder value within Delaware corporate entities and is once again making questionable legal decisions.
Let’s back up – From 2014-2018, I followed closely the TransPerfect case – a case in which co-founders Philip Shawe and Elizabeth Elting fought over control of their then-$500 million business (the company generated over $700 in revenues million since Shawe was awarded full control of his company in 2018). In this case, Chancery Court Chancellor Andre Bouchard ordered a profitable, fully functioning, successful company be put up for auction and sold to the highest bidder as if it were in default or facing bankruptcy.
The TransPerfect case was the first time a Delaware judge had ordered the forced sale of a successful company, and the case was a bizarre exercise in highly subjective application of law. That Shawe was the only viable bidder in the end should have proven to the court and watching public how wrong it was on the various decisions leading up to that correct ending.
Now to the present – As more and more technology companies file for IPOs, executives are using dual-class share structure to maintain control over their companies. What this means is some common stocks come with one vote-per-share while another class of shares comes with many more votes-per-share. Most recently, ride sharing company Lyft went public with this sort of structure in place. This dual-class share structure ensures that company boards and executives maintain their voting power and control over the company, despite what shareholders want.
Before now, the thought of a board running over the vote of the shareholders was unimaginable. However, following the outcome of the Glenhill case, in which the Delaware Court of Chancery exercised its powers under Section 205 of the Delaware Corporation Law (DGCL) to fundamentally and retroactively rewrite a provision of the corporate charter of Design Within Reach that was plain, unambiguous and contained no mistakes, we must acknowledge that it is a possibility. When I commented on the Chancery’s actions in the previous case mentioned, I wrote, “That only perpetuates the fear that the Delaware courts are not really looking out for the shareholders.” I think this does the same, if not more.
Why does this matter?
Chancellor Bouchard’s decision in Almond v. Glenhill opens the door for other Delaware corporations to retroactively make changes to corporate charters based on the whims or desires of the current power bases and stakeholders which can usurp the values or rights of other investors who bought in under a set of rules they knew about.
According to Scott Watnik, of Wilk Auslander, the attorney representing plaintiff Charles Almond in the Glenhill case, “this is a risk that any investor in any Delaware corporation must now consider. Simply speaking, this decision gives corporations the opportunity for a ‘do over’ when they make mistakes and don’t like the outcome. Investors should be very concerned about this, as it means the corporate documents they rely on are no longer iron-clad for Delaware companies.”
Let’s Connect It All – In the case of Lyft and other technology companies filing for IPO’s with this dual-class share structure, Watnik says “if founders want to create a new class of stock with super voting rights just for themselves, and the shareholders vote against it, under the July 2018 amendments to DGCL 204(h)(1), it’s now possible for corporate boards to: (1) issue the stock to the founders anyway, and (2) pass a resolution under Section 204 ratifying the creation of the new class of stock on the ground that the creation of that stock was a ‘defective corporate act’ – and the nature of the ‘defect’ is that the shareholders did not vote for it.”
If shareholders want to file an objection, it must be done so within 120 days – and that’s assuming they are told of the approval in that time frame since notice only needs to be given to brokers, not the shareholders. But even if shareholders objected with the 120 days, they would be forced to enter into a litigation in the Chancery Court under Section 205 as to the “validity” of the board’s ratification.
The TransPerfect and Glenhill cases are recent examples of how the Delaware Chancery Court has been making some head-scratching legal decisions that could further upset Delaware’s business climate, which is already slipping.
In the case of TransPerfect, the company moved its state of incorporation from Delaware to Nevada, with TransPerfect shareholder Shirley Shawestating, “The expense burden some jurisdictions place on resident companies through overly-high litigation costs is simply staggering. Our situation in Delaware was a perfect example; and without significant legislative reform, I would not be surprised if TransPerfect’s ‘Dexit’ becomes part of a larger trend.”
In the case of Charles Almond as Trustee for the Almond Family 2001Trust v. Glenhill Advisors, the results remain to be seen, as it is still pending an appeal, but one thing is certain – this is a case that will have a lasting impact on DGCL 204/205, and entrepreneurs looking to incorporate, will likely begin to look away from Delaware.
ABOUT THE AUTHOR
Formerly from Israel, now in Delaware, I have owned, run and worked with food, technology and politics, beginning with the MFA and several Knesset members.
After Chancellor Andre Bouchard’s capricious and subjective rulings in the TransPerfect case, causing in my opinion, Delaware to drop from #1 in perceived equity and justice to #11 in a national survey, it is obvious to any true businessman and indeed many intimidated lawyers, that the Delaware law allows the judges in this court to exercise omnipotent rights to adjudicate any way they see fit — contrary to existing law or policy.
The bottom line is that the Delaware Court of Chancery has become way too powerful because of the incestuous relationships within the system, which allow it to operate accordingly. In the TransPerfect case where Chancellor Bouchard was so obviously biased and improper, in levying unprecedented sanctions on CEO Philip Shawe to the tune of $7.1 million dollars and ruling that the company had to be sold contrary to the “Takings” law of the 5th Amendment, was simply outrageous.
His actions and suspicious connections with the plaintiff’s attorney and former business partners at the infamous law firm of Skadden Arps (fined $4.6 million by the federal government for illicit lobbying activities), especially with his former associate Robert Pincus, who he appointed as TransPerfect’s custodian. Bouchard approved millions of dollars of unsubstantiated and un-itemized bills by Pincus, which made he and many of his cronies rich beyond anybody’s wildest dreams.
I consider this the Rip-Off of The Century, all tied up in a nice little package that was approved by the Supreme Court under Bouchard’s former intern and Skadden Arps partner- Chief Justice Leo Strine! This, along with the power given the Chancery Court and its Chancellors, makes the perceived equity in this once respected institution, now extremely suspect.
Bouchard has gone beyond the pale creating appearances of impropriety that are not acceptable! The court he oversees is way too powerful, which gives license to possible corruption and arbitrary decisions. Unfortunately it is all condoned by the legislature and the closely knit members of the Delaware Bar Association.
Invitation for Cronyism
Folks, there are simple ways we can begin fixing this broken system. First of all, we can have judges’ cases picked in a random method, as is done in the rest of the country, instead of the current system in Delaware, which allows the judges to look over the docket of cases and pick the ones that they wish to pick for whatever reasons they wish to pick a case. If that isn’t an invitation for cronyism, I don’t know what is.
Next, when a candidate is recommended by the Governor for any judicial position, complete vetting by the State Senate should be done instead of it being a rubber stamp. Bouchard’s Senate confirmation took only 15 minutes and no questions were asked.
Third, there have got to be some law changes. One was attempted, forcing a Chancellor to provide a cooling-off period before ordering a dissolution of a company. Unfortunately, there was no political motivation to make it happen and the incestuous Bar Association opposed it.
Limitation of Power
There has to be some limitation on the Chancellor’s power where true equity and justice is provided. Change is indeed necessary, however I am not optimistic. Delaware is moving into extreme territory with open late trimester abortion, socialism, eliminating voters rights, and even the idea of making Delaware a sanctuary state. Why would it want to change its method of operation when everything is controlled by the Democrats who for all intents and purposes seem to be anti-business.
Corporations are fleeing to Nevada and others are searching for any venue to incorporate other than Delaware! When Delaware completely loses its lucrative franchise taxes (which make up one-third of the state’s income) due to a lack of trust in the Chancery Court, then perhaps the State Legislature will implement change to inspire businesses to continue to incorporate in Delaware.
Famous attorney and law professor and Constitutional scholar Alan Dershowitz, stated after dealing with Supreme Court Justice Leo Strine in an appeal in the TransPerfect case where Bouchard’s decisions were wrongly upheld, “Any lawyer that recommends to his client to incorporate in Delaware would be tantamount to legal malpractice.” That folks is a serious statement by a true expert and should be recognized for the concern it clearly states.
There is something wrong with the Delaware Chancery Court and it should be fixed, but will it? Probably not is my educated opinion.
As always, your comments are welcome and appreciated. I would love to hear what you think of reforming the Chancery Court.
TransPerfect lobbying group commits to tracking Court of Chancery
This is not one of my headlines. This is an actual headline in the Delaware Business Times this week!It has to be embarrassing for our state government that a group of concerned employees are hiring a lobbying group to fight what the group views as continued “court-sanctioned looting” of their TransPerfect Global company. Bouchard’s brazen money grabbing, possibly corrupt operation has not stopped, as he continues to let his personal friends bill TransPerfect, even AFTER the case is over?! Sources in the accounting department at the company have confirmed to me that another $1 million has been bilked, under seal, with no accountability, and no record that any real work is being done. Court-appointed Custodian Robert Pincus retired 1-year ago!!! Why is Bouchard continuing to let this company get fleeced and robbed?!?It’s one outrageous act stemming from our Chancery Court after another, and I didn’t think it was possible to make this stink more — but our Chancellor, in conjunction with his former law partners at Skadden Arps, have found a way. The antics, looting and lies from Chancery have now prompted a group of TransPerfect Global employees to rise up in order to battle what they believe is real Delaware corruption. It’s embarrassing for me to write that about our wonderful state where I was born and lived most of my life.May I ask the obvious question, folks? Why is the legislature not policing this zero-experience, crony-loving, high-handed and suspicious member of our Judiciary? My understanding from reliable sources is that Bouchard made his money outrageously billing public companies involved in mergers and controversial cases where the lawyers make all the money and shareholders get virtually nothing. Why do we continue to trust this man, who I believe has shown himself many times to be a greedy, petty, pathetic, biased,and capricious liar? Why do we, as America’s First State, keep Bouchard in this powerful role?Can the good old boy network of small-town politics really be so dominant that all in power in Delaware turn a blind-eye to years of what I believe, as do many others, absolute fraud by the court? To be clear, my overly-informed opinion is that Bouchard’s misconduct is far-reaching, and he has shown, time and again, that he is willing to (mis-)use the Chancery Court as a tool to enrich his personal friends and former Skadden law partners.In my opinion, the evidence that Bouchard is completely out of bounds is irrefutable. If we all allow our government to stand by and do nothing in the face of obvious, suspicious activities in the Chancery Court — then we are partially to blame for Delaware’s demise. So many of my readers have contacted me who are outraged, that I encourage all of you to join the fight against the good old boys. How? It’s easy. Simply write and call your local state representatives and demand the court case and billing records get unsealed, in accordance with the law which Bouchard is supposed to be upholding — and not profiting from.For your information, I have discovered that Bouchard’s improprietous group will be Boondoggling this weekend on your Tax Dollars in New Orleans — where I believe Bouchard and Kevin Shannon (of Potter Anderson) first hatched the plan for the TransPerfect heist — while inappropriately making public appearances together during the trial. The truth is so unbelievable here, you could not write it as fiction. I believe Bouchard’s created a $250 million billing-bonanza for his friends.I don’t have the money Bouchard and his friends have made off of the TransPerfect case, but I do have my computer — and I will be fighting injustice and corruption as long as I do. I call upon Bouchard and Skadden Arps to stop billing TransPerfect, stop taking money otherwise better used for their loyal employees, and I once again demand the Chancery open its records to the public. Delaware’s image and reputation depend on it! Please read the article below!
Citizens for a Pro Business Delaware (CPBD), the lobbying group that successfully fought to stop the break up of TransPerfect by the Court of Chancery, delivered the keynote address at the translation services company’s annual sales conference.
CPBD Campaign Manager Chris Coffey spoke to upwards of 300 employees about what he calls the “existential threat” posed by the Court of Chancery.
“Existential threats are threats beyond typical business competition that put successful businesses at risk, such as through government actions or hostile takeover attempts,” Coffey said. “Our organization stopped both types of efforts.”
In the address, Coffey outlined the history of the legal battle, which began in 2016 when the Chancery decided to break up the company following an irreconcilable dispute between its founders. A group of senior managers later approached Coffey, a New York-based consultant, about taking up their cause.
“We may have won the biggest battle over TransPerfect in Delaware, but if history has taught us anything – it’s that the same court agents and lawyers who made millions of dollars coming after TransPerfect are not going to stop now,” Coffey said. “That is why our members have asked us to keep organizing and fighting and that’s what we intend to do.”
“From meeting with elected officials to educating the public through a new campaign, we will ensure the Delaware government cannot be used to improperly occupy successful companies against the wishes of a majority of shareholders,” he added.
Folks, I have been proven right again and I will continue to be right about America’s First State, whose reputation is rapidly deteriorating starting with the very place where corporations of our country seek justice… our beloved Chancery Court! The Chancery Court now stinks from the very top, starting with its suspicious Chancellor, Andre Bouchard. He is supposed to be the leader of our esteemed court and should be held accountable for its success or failures. He should be the man solving problems, NOT creating them. Indeed, he should not be the CAUSE of the court’s trouble. I’m shaking my head in shame.It has been my opinion for years and continues to be my opinion that Andre Bouchard is not on the level, and something is more than amiss in our once proud, but now heavily tarnished Chancery Court! I have been complaining about Bouchard and his cronyism from the day he was appointed. I have been shouting about this man — who drives to Court everyday in his shiny Bentley — starting with the appointment of one of his political cronies, who was embarrassingly unqualified to be a deputy in the Register of Wills office, to his terrible handling of the TransPerfect Global case, which lowered our state’s rating from one to eleven in the National Chamber of Commerce Survey.I’ve been warning of these shameful dangers, and now the latest bombshell news has come out! From my perspective, Bouchard should be done. But apparently he’s somehow protected by the Delaware system!!We have learned just how arrogant Bouchard appears to be and how he seems to put himself above the law. In this newest scandal, the attorneys for Meso Scale Diagnostics LLC, a biotechnology company, filed a motion alleging that Mr. Bouchard did not disclose that he was representing Vice Chancellor Parsons, as the Delaware Chancery Court’s attorney, in a high-profile First Amendment case. This while he was also arguing a case before that very same Chancellor. Are you kidding?? Can this be true?!“A reasonable observer would conclude that there is serious potential for bias when the attorney representing a party is also representing the trial judge in another matter,” the biotech company’s complaint said. After reading the story below, I’m outraged it has gotten this out of control after years of me pounding the table. All while our spineless elected leaders and members of our once illustrious Bar continue to bow to this man as if he’s their king, and they, his servants.Maybe this would happen in a third-world country, not our Chancery Court?! When will the people of Delaware say, enough?! We in Delaware should all be ashamed! And we should be calling for this man to resign! And for the legislature to start impeachment proceedings immediately and make our once proud Chancery Court great again! As long as Bouchard remains Chancellor, Delaware will never be respected again. That’s how I see it, folks.From the early days running the court something seemed wrong with Bouchard’s decisions to appoint un-qualified buddies to be deputies in the Register of Wills office. This was more appalling when more qualified people were stepped over just so the Chancellor could dole out favors. I felt this man had an agenda and was using his position unlike any other judge previously in his seat had done.He has proven me right again and again. I always suspected there was something more behind all of the erroneous and unprecedented decisions by Bouchard in the TransPerfect case after I learned of his longtime relationship with friend and cohort Kevin Shannon of Potter Anderson or his relationship with his old colleague Robert Pincus of Skadden Arps. I told you how Shannon and Bouchard shared a stage and spoke on a panel together in New Orleans during the trial. As I understand it, if we were in any other state, his failure to recuse himself would have prompted a demand for his resignation by the Governor, legislature or members of the Bar and a formal investigation by the grievance committee would have been initiated. But not in Delaware. Just as we are seeing in Washington today, our democracy is being tested and the people of Delaware are the big losers.Maybe you, like I, are asking yourself, how is this happening? Are we supposed to simply sit back and watch our once proud court system deteriorating right before our eyes? We cannot allow this to continue, my friends.Some say our Chancery Court in Delaware is the only equity court that truly matters in the world! Well, imagine if you became the head of that court, without ever having served one day as a judge previously. You get appointed in what amounted to be a rubber stamping in a 15-minute session by the State Senate. And then you get the keys to the kingdom.Now more than ever, I am convinced that the many employees of TransPerfect, including CEO and founder Phil Shawe, were set up by Bouchard and his buddies Kevin Shannon and Robert Pincus of Skadden. I’ll say it again folks in reference to Lord Acton, a British historian of the 19th Century who once said, “absolute power corrupts, absolutely.” It was true then, and remains true now. From England all the way to Delaware.As I see it, BOUCHARD SHOULD BE REMOVED FROM THE BENCH AND DISBARRED!!Read the story below, and weep for us all.
Law360 (February 28, 2019, 9:51 PM EST) — A biotechnology company said Thursday that neither Chancellor Andre G. Bouchard nor now-retired Vice Chancellor Donald F. Parsons Jr. disclosed Bouchard’s prior role as the Delaware Chancery Court’s attorney in a high-profile First Amendment case while he simultaneously argued separate litigation before Vice Chancellor Parsons that created a conflict of interest.
Meso Scale Diagnostics LLC said Bouchard represented defendant Roche Diagnostics GmbH in the intellectual property rights suit that was tried in 2014 before Vice Chancellor Parsons while Bouchard was also representing him and the other chancery judges in the First Amendment case that targeted a closed-door arbitration program involving them.
The apparent conflict necessitates vacating Vice Chancellor Parsons’ rulings in favor of Roche and ordering a new trial on Meso’s claims, Meso’s complaint argued.
“A reasonable observer would conclude that there is a serious potential for bias when the attorney representing a party is also representing the trial judge in another matter,” the complaint said.
Jacob Wohlstadter, Meso’s president and CEO, discovered the conflict in early 2018 when internet research revealed that Bouchard, while an attorney with Bouchard Margules & Friedlander, represented the Court of Chancery, the chancery court judges and the state of Delaware in a 2011 suit brought by the Delaware Coalition for Open Government, the complaint said.
That suit, brought in Delaware federal court, alleged the Court of Chancery had violated the First Amendment by holding arbitration sessions that were closed to the public, according to the complaint. The federal court dismissed the Court of Chancery and the state of Delaware from the suit on sovereign immunity grounds but ruled against the judges’ summary judgment motions.
Bouchard represented Vice Chancellor Parsons and the other judges in their appeal to the Third Circuit, which affirmed the federal court’s rulings. He continued to represent them when they submitted a petition for a writ of certiorari to the U.S. Supreme Court, Meso said.
Bouchard represented Vice Chancellor Parsons from 2011 to 2014, encompassing the majority of the time the Meso litigation was pending before him, Meso alleges, and neither party ever disclosed this representation.
Bouchard was nominated to fill the vacant chancellor seat in March 2014, four months after post-trial arguments in the Meso litigation, and he ascended to the seat in April 2014, two months before Vice Chancellor Parsons issued his opinion in the Meso case, the company alleges.
Meso argues that its due process rights were violated because of the potential bias created by Bouchard’s dual representations at the time of the litigation. The complaint said a judge may feel “a debt of gratitude” to his own attorney; that a judge obviously has a favorable opinion of his own attorney’s legal skills and character, causing the court to be deferential to the attorney; and that the judge and his attorney have a “special relationship” that causes the judge to rule in his own attorney’s favor.
Vice Chancellor Parsons should have recused himself from presiding over the Meso litigation to comply with ethics rules and previous holdings of the Court of Chancery on such conflicts, the company said.
“The ethical rules requiring recusal when a judge’s attorney appears before the judge are broad and uncompromising,” the complaint said.
Those rules require recusal even when there is no evidence the judge is actually biased, Meso argued.
Because all the then-current judges of the Court of Chancery were being represented by Bouchard in the federal court case, another judge from outside that court should have presided over the Meso case, the complaint said.
Meso brought its suit against Roche in 2010 over alleged breaches of a licensing agreement for blood protein testing technology. In June 2014, Vice Chancellor Parsons ruled that Meso couldn’t challenge Roche’s use of the licensed technology. Meso appealed that decision to the Delaware Supreme Court, which affirmed the ruling, and then filed a petition for a writ of certiorari with the U.S. Supreme Court, which was denied.
Parsons, Bouchard and representatives for Meso and Roche did not immediately respond late Thursday to requests for comment.
Neither Bouchard nor Parsons are named as defendants in the complaint.
Meso is represented by David L. Finger of Finger & Slanina LLC and William S. Consovoy and J. Michael Connolly of Consovoy McCarthy Park PLLC.
Counsel information for Roche was not immediately available Thursday.
The case is Meso Scale Diagnostics LLC et al., v. Roche Diagnostic GmbH et al., case number 2019-0167, in the Court of Chancery of the State of Delaware.
Additional reporting by Caroline Simson and Vin Gurrieri. Editing by Haylee Pearl.
As I’m seeing fines and other crazy headlines roll in against law firm Skadden Arps, I can’t help but reflect on some of the injustices that happened in the TransPerfect Global case. The injustice jumps right out at me when I think about it in light of these new Skadden Arps developments. Let me tell you the latest and let’s see if it jumps out at you too!Delaware Chancery Court Chancellor Andre Bouchard, a former lawyer from Skadden Arps, an international law firm accused of criminal activity, AND recently fined $4.6 million, ruled subjectively and totally against TransPerfect CEO Philip Shawe in favor of his buddy Kevin Shannon, who represented the plaintiff, Elizabeth Elting, Shawe’s former partner. During the trial, and without evidence, Bouchard wrongly fined Shawe $7.1 million and awarded $1.4 million in legal fees, which were un-substantiated, to his good friend Kevin Shannon who I believe he potentially colluded with during the decision making period of the trial while in a forum together in New Orleans.Bouchard also appointed his former partner Robert Pincus (another Skadden Arps attorney) as the Custodian of TransPerfect, who then, in my view, ripped off the company to the tune of over $25 million — an unprecedented amount of money, again without substantiation or itemized consideration — all approved by Chancellor Bouchard.Then of course we have the appeal upheld by Delaware Chief Supreme Court Justice, Leo Strine, despite the fact the whole deal was an illegal “TAKING” under the 5th Amendment of the U.S. Constitution! Guess what? Leo Strine is another former Skadden Arps attorney! Chancellor Bouchard refuses to release the billings to the Public because, in my opinion, he is afraid of what might be established and perceived.As another aside, Paul Manafort, former Trump campaign manager, could probably get 19 years in prison for unrelated, process crimes created by the fact that a false document was filed, yet Skadden Arps only receives a $4.6 million dollar fine and a slap on the wrist to boot, for what I consider an outrageous illegal activity! There’s a HUGE INEQUITY here, folks!Skadden Arps could be corrupt in my opinion, and as I see it, possibly all of these Delaware attorneys (former Skadden Arps guys) could be corrupt as well. Could there be huge kickbacks to all concerned here?? It is all far too cute and convenient, and yes incestuous, for my comfort.Folks if there was ever the appearance of an impropriety, this is definitely one! And it needs to be investigated!I call for the FBI and the Department of Justice to start an immediate investigation, as federal crimes could have been purloined here? It looks to me as if the State of Delaware is protecting its own, so the feds need to get involved! How is it that Manafort goes to jail, while Skadden Arps escapes with a fine that is a drop in the bucket of their billions in revenue?!All while Bouchard, Pincus, and Strine — along with Kevin Shannon — could possibly be laughing all the way to an offshore-island bank ? WHERE IS JUSTICE, WHERE IS EQUITY? In my view there is no justice anymore in the State of Delaware! Shame! TIME FOR THE FEDS TO GET INVOLVED?!Please look over excerpts from the articles below to glean this nefarious information and background.
“WASHINGTON — A global New York-based law firm has agreed to pay $4.6 million to settle a Justice Department investigation into whether its work for a Russia-aligned Ukrainian government violated lobbying laws.
The investigation stems from work that the firm, Skadden, Arps, Slate, Meagher & Flom, did with Paul Manafort, President Trump’s former campaign chairman. The case overlaps with the investigation of the special counsel, Robert S. Mueller III, into Russian interference in the 2016 election.
As part of the settlement, the law firm agreed to register retroactively as a foreign agent for Ukraine in addition to paying the government $4.6 million, representing the money it earned from its work in Ukraine.
The settlement between the firm and the Justice Department, which was made public on Thursday, is the latest indication that Mr. Mueller’s inquiry and related investigations are fundamentally challenging the lucrative but shadowy foreign-lobbying industry that has thrived in Washington.
AXIOS — February 15,2019
Prosecutors for special counsel Robert Mueller said in a new court filing that President Trump’s former campaign manager Paul Manafort should serve between 19.5 and 24.5 years in prison for the financial crimes for which he was convicted in a Virginia court last August.
“In the end, Manafort acted for more than a decade as if he were above the law, and deprived the federal government and various financial institutions of millions of dollars. The sentence here should reflect the seriousness of these crimes, and serve to both deter Manafort and others from engaging in such conduct.”
Why it matters: This would essentially be a life sentence for the 69-year-old Manafort. He is also facing a separate case in D.C., where a judge recently ruled that he had violated his plea agreement with Mueller and could therefore lose out on any potential leniency he might be offered.
NEW YORK TIMES — February 2, 2018
“Mr. Mueller’s inquiry threatens the delicate balance that Skadden has struck between lucrative sources of revenue. The firm has made huge profits from corporate work for image-conscious United States companies, while also representing riskier international clients, such as Russian oligarchs and companies with close ties to President Vladimir V. Putin and former Soviet states.
Skadden’s work advising controversial foreign clients was probably prompted by the same aggressive risk-taking that fueled the firm’s rise from scrappy upstart to top-grossing legal giant with a range of practice areas, said Lincoln Caplan, a research scholar at Yale Law School and the author of “Skadden: Power, Money, and the Rise of a Legal Empire.”
“The mentality is that Skadden wouldn’t be afraid of doing something like this, if there was a chance to utilize their skills and status to take advantage of what sounds like a very lucrative business, and they saw no legal or ethical proscription against their taking on the matter,” he said.
Skadden’s work is part of a trend in recent years of lobbyists and lawyers earning increasingly larger paydays by marketing their connections in Washington to foreign politicians, countries and companies willing to pay hefty fees to burnish their reputations in the United States and on the international stage
The recent article I posted concerning the law firm “Skadden Arps” getting fined by the feds a staggering $4.6 million dollars for illegally acting as a foreign agent (in my view, Skadden was aiding treason!) in relation to the Delaware’s Chancellor Andre Bouchard, Delaware’s Chief Justice of the Supreme Court Leo Strine, and the appointed (by Bouchard) Custodian at TransPerfect, Robert Pincus — who are all ex-Skadden lawyers.
It’s so incestuous, it stinks to high heaven! The rulings in favor of Kevin Shannon by Bouchard, when Shannon could not call a single fact witness, the upholding by Strine on appeal of the main case (and the largest individual sanction in the U.S. was affirmed on appeal without even a hearing!!!), and the billing by Pincus of TransPerfect to the tune of over $25 million, which is simply outrageous, brings this judicial outrage to another level entirely. TransPerfect Global CEO Philip Shawe was ordered to make TransPerfect pay $25 million in fees, but not Shawe, nor the public, nor anyone else gets to examine the bills. Neither the public, nor the payer (TransPerfect) gets to know what was paid for, or if this $25 million was legitimately billed… absolute insanity folks!
To go from the ridiculous to the obscene, we then have Kevin Shannon, Bouchard’s best buddy — who Bouchard hand-picked to join the St. Francis Hospital Board after he vacated his board seat. because he became the Chief Chancellor (without 1 day of bench experience, by the way) — got awarded $1.4 million in legal fees, also without any documentation, nor disclosure to the public!
Why wouldn’t a law firm, fined $4.6 million by the Feds for serious crimes, pad their bills to the moon??! Since there was no disclosure by Bouchard and no way to check if the bills were valid, just pay, pay, pay to Bouchard’s Delaware cronies whatever they ask. They scratched his back to become the Chancellor, now I think he is scratching theirs? Folks, is that how this is supposed to work? In my opinion, it reeks of corruption.
Again, I received an overwhelming response from the public about my last story of a 4-year injustice that would not have been tolerated in any third-world country, and damn sure should not be tolerated here. I say to you absurd cronies in the judiciary: You can fool people only so long, and then they start screaming from the tops of mountains! You are being exposed for suspicious activities, and if my readership has its way, you’ll be held accountable for these apparent improprieties.
Bouchard holds half the documents in the entire case, and ALL of his friend’s $26.4 million in non-itemized bills wrapped up tight as a drum, and he refuses to release them to the public. Why? Because they could possibly incriminate him or his cronies? There is a high price to pay if you line your pockets with court-ordered money from private citizens. I wonder why Bouchard and Skadden Arps appear in my opinion to act above the law in Delaware and apparently continue to get away with it? Or are they?? Based on your feedback, it’s clear this cabal is finally being exposed and the folks are beginning to understand this disconcerting reality??
Bouchard’s continued actions and failure to disclose documents to the public have cast a doubt on Delaware’s credibility, while destroying our business-friendly image — and negatively impacting our economy, plus casting a darker shadow over the First State’s once-honorable and respected institution, our Chancery Court.
As I often do when a story generates such significant outrage that something must be done, I have cut-and-pasted a sampling below from the many responses I have received. (The last names have been removed to protect these citizens from possible reprisals.)
Please enjoy the comments and please keep them coming! I appreciate your feedback.
1) From Dawn
Thanks for expanding my mind and understanding of Delaware politics through the TransPerfect debacle… eye-opening. Keep up the good work!
2) From Allen
IMPEACH BOUCHARD!
3) From John
Jud, It is extremely disconcerting to realize the incestuous connections between the Skadden Arps law firm, Justice Strine, Chancellor Bouchard, Robert Pincus — then the cute relationship between Kevin Shannon and our Chancellor. I wouldn’t put anything past these rotten bastards. Skadden Arps is corrupt and it sure makes me wonder about Bouchard’s integrity. The records must be released. How come Shawe has not sued to have then released through a “Freedom of Information Request”? Thanks for your outstanding work in bringing all of this to light. You should get a Pulitzer award! All the best!
4) From Linda
OUTRAGEOUS!!!! Where there is smoke there is fire. Bouchard is a disgrace to judicial integrity. Love your articles, Judson.
5) From Peter
JUDSON — This is an extraordinary situation and most disturbing. Nobody should ever have to worry that our Chancery Court could be corrupt.
6) From Carol
Hi Jud, This is beyond an impropriety. Here we have a corrupt law firm (Skadden Arps) and then Strine, Bouchard, Pincus all from the same law firm. They should make a movie about this crazy situation. Everybody is way too cozy in the Delaware Judiciary. I know we have a small state, but come on. Wow — is all I can say!
7) From Don
Hey JUDSON, Read your article and this one really is impactful. You made your point big time. Corrupt law firm, fined $4.6 million by the Justice department and the head of the Delaware Supreme Court and the head of the Chancery are from the same law firm? Bouchard’s handling of the TransPerfect case has been terrible and now he is preventing documents from being given out to the public? This guy at the best should be removed as Chancellor and at the worst should not be reappointed. Hope you will be around to testify when that time comes ! Keep up the great work. Your political articles are amazing, but this TransPerfect stuff is sensational.
8) From Erin
Great stuff JUD. What an excellent article and expose of Andre Bouchard. He has got to go. Keep up the great work!
9) From John C.
JUDSON, It’s a Simple answer: Absolute arrogance and greed!
10) From Eric R.
You are a loose cannon stirring the pot! As your wife Maria used to say as you stomped your feet up the stairs to your office, “Who are you gonna piss off now, Judson?” Keep it up, we know you are right and appreciate your guts. Love you, brother!
11) From Eric B.
I really enjoyed your article. Thanks for continuing to peel off the layers of deceit manufactured by Bouchard. I feel sorry for Mr. Shawe and anyone else that has to come before Bouchard’s kangaroo court.
You won’t be surprised to learn that Delaware’s Chancellor Andre Bouchard’s former employer, who Bouchard himself ordered to be paid $25 million from TransPerfect Global, is the infamous law firm of “Skadden Arps.” This firm, in my opinion, makes the law firm in John Grisham’s book “The Firm” look like a kindergarten summer camp. Skadden Arps is the subject of innumerable investigations, and I’m shaking my head imagining if it isn’t just a legal front for organized crime? Who else is an alumni (and Bouchard’s former intern) from Skadden Arps? Of course, Leo Strine, now Chief Justice of the Delaware Supreme Court. Who else worked at Skadden Arps and got rich off of TransPerfect by the Court-Ordered rates of $1,475 per hour (in Delaware) for over 3 years? You guessed it, another Skadden Arps lawyer, custodian Robert Pincus. For those of you that think I’m too harsh on Bouchard’s former law firm, know this, they were just fined $4.6 MILLION by the US DOJ for aiding what could be considered serious federal crimes-illegally operating as an agent for a foreign government.Compare Skadden Arps illegally operating as an agent for a foreign government to Chancellor Bouchard fining Philip Shawe $7.1 million for insignificant findings like “failing to safeguard an old cell phone” — all trumped up charges by Bouchard — not proven in front of a jury as Shawe demanded. The difference in the amount of the fines is in no way justifiable. It seems that some of the Chancellor’s evidence was a ridiculous example of subjective adjudication, which is not what justice is supposed to be about. Bouchard in fact, from what I understand, used a “smiley face” text message 🙂 as part of what I consider this absurd justification for dissolving a 4,000-person industry leader and putting his friends in charge of TransPerfect for 3 years of what should be recognized as an unprecedented, court-ordered fleecing.Again folks, please take a moment, and digest, just how crazy this whole scenario is. In my view, Bouchard’s and Strine’s former employer, as I understand it, actively violated laws against the United States and then apparently lied to federal investigators about it, and then were slapped with a $4.6 million fine as a result. Shawe, an individual who from what I’ve heard and read is unquestionably one of American’s greatest entrepreneurs with a spotless record, got a $7.1 million fine by the Chancery Court! How convenient that $1.4 million of Shawe’s fine is ordered to go directly to Bouchard’s best friend, Kevin Shannon (and his law firm, Potter Anderson)… Shameful on its face, don’t you think? Yes, this is the very person Bouchard traveled to New Orleans with and made a public appearance with during the decision- making period of the case. Yes, this is the sole lawyer in the trial, who Bouchard has clearly created huge benefits for by his suspicious actions, and allowed him to get outrageous sums of money without providing to my knowledge, not one detailed invoice — or substantiation of the work that was supposed to be provided. No other lawyer got treated this way, with the exception of one: Bouchard’s other long-term and former co-worker, Skadden’s (appointed by Bouchard) — Custodian, Bob Pincus who collected outrageous and undocumented fees from TransPerfect !I’m told Pincus and Skadden are still billing TransPerfect TODAY — And with the case NOW OVER — Bouchard is still ordering his friends to be paid. No wonder the records remain unlawfully sealed by Bouchard. These facts are obscene!!! I urge the Delaware Legislature to make the Delaware Court of Chancery accountable and to force it to cease and desist from these suspicious activities and appearances of impropriety!! By doing nothing and putting their heads in the sand, our elected lawmakers become indirect accomplices in this horrible injustice. Congress orders investigations for much less at a Federal level. YOU folks in the General Assembly are Delaware’s Congress; it is your job to start a needed inquiry!!! The apple doesn’t fall far from the tree, as Bouchard began learning his, in my opinion, shady dealing techniques young in his career, from his former employer Skadden Arps, who I, and apparently the DOJ, view as a den of thieves. Think about it — if they got caught for federal violations and had to pay $4.6 million in fines, which is a lot of money folks! It makes you wonder… what else have they done? What else could their Wilmington office have been involved in? Perhaps violation of federal laws (perhaps a form of treason?) and the TransPerfect case may just scratch the surface of Skadden’s possible nefarious affairs, for all we know?According to the story pasted below, there are some pretty sordid details on Skadden’s troubles with the U.S. government — requiring them “to retroactively register as a foreign agent and review its policies for responding to inquiries from the government.” Just Google Skadden Arps and DOJ! The more you read, the more you’ll see why I believe that the stench coming from our Chief Chancellor’s office, seemingly and in my view, probably started early in his career.Folks, you simply can’t make these facts up, which is why I will continue to report on it and continue to fight for the records and the bills to be unsealed. If nothing is wrong — why does this irregular “cover up” continue? I again ask for an investigation into Bouchard and his cronies and if these appearances of impropriety are found to be actual improprieties, then these people must be brought to justice and held accountable for harming TransPerfect employees, harming Delaware citizens, and creating the long-term devastation of Delaware’s business reputation, which is now nationally and internationally synonymous with the disconcerting term called “corruption.”Please read the story below, I know it’s long, but this is important stuff, as these are the good ole boys that we’ve entrusted to run our judiciary in Delaware! As always, your comments are welcome.
Law360 (January 18, 2019, 11:57 PM EST) — Skadden Arps Slate Meagher & Flom LLP has agreed to pay a $4.6 million settlement with the U.S. Department of Justice for failing to register as a foreign agent. Here, we look at how the firm got to this point.
Law360, Washington (January 18, 2019, 10:06 PM EST) — Emails released by the U.S. Department of Justice show how Skadden Arps Slate Meagher & Flom LLP lawyers slowly abandoned caution toward a foreign lobbying law and began openly lying to federal investigators during their engagement with the Ukrainian government from 2012 to 2013.
Excerpts of the emails were released Thursday by the DOJ after it announced a $4.6 million settlement with Skadden for alleged violations of the Foreign Agents Registration Act, a law requiring people to register any U.S. political lobbying on behalf of a foreign government.
The emails show how lawyers at the high-priced firm were initially cautious about doing anything that would require them to register as foreign agents under the law, and wanted to limit their work to preparing an independent report on the prosecution of Ukrainian opposition leader Yulia Tymoshenko, the former prime minister.
But over the course of their work, the Skadden lawyers, including the politically connected former White House counsel Greg Craig, slowly abandoned that caution and found themselves involved in the country’s public relations campaign to win over Western media amid a backlash over Tymoshenko’s treatment.
Here, Law360 chronicles the shift in the firm’s work as revealed by the newly disclosed emails, and how it ultimately led to the multimillion-dollar settlement.
Blurring Lines Between Legal Work, PR
Skadden was retained by the Ukrainian Ministry of Justice in the spring of 2012, receiving a $4 million advance provided by an unnamed businessperson with whom Craig had earlier met in Kiev. Shortly after the retainer, a Skadden lawyer identified as “Partner-2” in the DOJ appendix cautioned Craig that someone else should manage the country’s public relations effort because the firm was hired “as lawyers, not spin doctors.”
“Good advice,” Craig responded.
But it was advice that Craig and other Skadden lawyers would loosely follow, as they danced on the line between legal work and public relations in the ensuing months.
Between late April and early May 2012, Craig advised lobbyist Paul Manafort about which public relations firm the Ukrainian government should hire to execute the country’s messaging strategy once the report became public.
After one particularly strong recommendation for a firm that could help its outreach strategy in Europe, Ukraine accepted Craig’s advice.
Still, Skadden and the PR firm kept a watchful eye on their potential FARA obligations. An executive of the PR firm was careful to tell Craig that “i[f] at a future date our brief is expanded and requires U.S.-headquartered personnel and activities, we will then take appropriate steps.”
Skadden lawyers kept an eye on their potential FARA obligations throughout the spring of 2012 but nevertheless continued communicating with Manafort, his associate Rick Gates and members of the PR firm about their work. In July, for instance, the PR firm shared its “communication strategy” with Gates, who forwarded the document to an unnamed Skadden associate.
Media Strategy Heats Up
As the release date for the report approached, Craig and other Skadden lawyers were included in additional discussions about the PR firm’s media plans for the report, such as the list of media and government personnel to be contacted once it was made public.
In one strategy document shared with Craig, the PR firm proposed leaking the report to a specific U.S. journalist at a major media outlet on the night before the report’s release.
In late September 2012, the PR firm scheduled a meeting in New York City with Craig, Manafort, Gates and an unnamed Skadden associate to discuss the upcoming media campaign. Documents circulated by the firm ahead of the meeting indicated that they had chosen to leak to a different news outlet than the one originally planned, in light of Craig’s prior relationship with the newly selected journalist.
On Sept. 24, Craig told Manafort in an email that he didn’t think Skadden lawyers should be providing background to journalists after the release of the report, suggesting it would undermine the integrity of the report. Craig ultimately acceded to Manafort’s request to respond to media requests run through the firm’s communications professionals.
Craig Reaches Out to New York Times
On Oct. 2, 2012, Craig reached out to a reporter for The New York Times he knew and connected him with a lobbyist on the topic of the upcoming Ukrainian report. The reporter could be identified as the Times’ Washington correspondent, David Sanger, by details shared by the DOJ appendix.
Craig followed up with Sanger on Dec. 11, offering to provide exclusive access to the report before it was slated to be released publicly. After receiving a response, Craig sent Sanger an electronic copy and indicated he would “hand-deliver a hard copy of this report to your home tonight.” Craig shared the exchange with the unnamed Partner-2 at Skadden and updated the PR firm.
On Dec. 12, Sanger told Craig via email that he’d read the report and was “ready to talk,” indicating an unnamed Moscow-based colleague would take the lead on the story. The colleague could be identified as David Herszenhorn by details contained in the DOJ appendix. Herszenhorn sent a list of questions to Craig and suggested a conference call.
Following the call, Craig sent Sanger a quote for their story: “We leave to others the question of whether this prosecution was politically motivated. We say nothing about that. Our assignment was to look at the evidence in the record and determine whether the trial was fair.”
The New York Times published Sanger and Herszenhorn’s story — headlined “Failings Found In Trial of Ukrainian Ex-Premier” — that day, just hours before the report was made public on the Ukrainian government’s website. The article used a slightly shortened version of the quote Craig sent Sanger.
Skadden Attracts Attention from FARA Unit
Just a few days after the report was released, finding no evidence of political motivation to the Tymoshenko trial, the DOJ’s FARA Unit sent a letter to Skadden seeking information about its representation of Ukraine, including a copy of their agreement and the services it has provided the country.
The DOJ’s letter bounced around the firm until Craig finally sent his official response nearly two months later in February 2013. In it, the lawyer described the firm’s representation as involving “rule of law issues” and “advice” about Ukraine’s criminal justice system, according to the DOJ. The response did not mention discussions with public relations consultants, lobbyists or reporters.
Craig’s response was wanting, the DOJ apparently thought, and demanded more information in April 2013, specifically homing in on the firm’s contacts with media outlets, as well as how much it made for the work; the initial response made no mention of the $4 million advance.
‘False and Misleading’ Answers
Craig responded to the DOJ’s follow-up with a June 2013 letter that the DOJ now says contained “false and misleading statements.” Specifically, the letter dated Craig’s contacts with The New York Times to Dec. 12, 2012, omitting that he had actually shared an early copy of the report with Sanger the day before. Further, Craig described his contacts as “brief clarifying statements.”
Craig also told the DOJ at the time that Skadden had turned in the final version of the report to Ukraine in September 2012, when in fact it made limited changes in response to input from Manafort through November. Finally, the letter said Skadden didn’t have to share the identity of the anonymous business person who funded the legal work as it had no obligation to register.
“The FARA Unit relied to its detriment on false and misleading statements in this letter,” the DOJ now says. “As a result, the FARA Unit was deprived of the complete information that the FARA Unit expected to receive in response to its inquiry.”
The exchanges between the FARA Unit and Skadden continued through the fall of 2013 and culminated in an in-person meeting in Washington, D.C., to discuss the firm’s registration obligations. At the meeting, Craig once again conveyed “false and misleading” information, the DOJ now says.
After a follow-up letter — in which Craig said he only distributed copies of the report “in response to requests from the media” — the FARA Unit finally gave the firm the all-clear and said it had “no present obligation to register under FARA.”
Three years later — well after Skadden had concluded its work in the country and the Ukrainian revolution of 2014 had driven President Viktor Yanukovych to exile in Russia — the DOJ’s National Security Division, which houses the FARA Unit, began beefing up its enforcement of the lobbying law after an inspector general report found widespread noncompliance.
In October 2017, Manafort and Gates were among the first to be ensnared by that effort in connection with Special Counsel Robert Mueller’s investigation into the 2016 presidential election. The pair had worked on then-Republican candidate Donald Trump’s campaign.
Indictments returned by a federal grand jury focused extensively on Manafort’s work for Ukraine’s pro-Russia Party of Regions, bringing the attention of federal investigators uncomfortably close to Skadden’s report for the Ministry of Justice.
At Skadden’s Doorstep
Skadden’s legal troubles spilled directly into public view with the February 2018 guilty plea of former Skadden associate Alex van der Zwaan, a member of the report team who admitted to lying to Mueller’s investigators about his communications with Gates regarding the 2012 report. Skadden said in a statement that it terminated Van der Zwaan in 2017 and “has been cooperating with authorities in connection with this matter.”
Days later, the firm released a statement saying, “Greg Craig did not engage in any activity that required him or the firm to register.”
Van der Zwaan was sentenced to 30 days in prison in April 2018 and ordered to pay a $20,000 fine, the first prison sentence to arise from the Mueller investigation. Later that month, the firm confirmed that Craig had left the firm amid increasing scrutiny over the report, although a Skadden spokesperson did not respond to questions about the circumstances or timing of Craig’s departure.
Manafort pled guilty to two counts of conspiracy and obstruction of justice in a September deal requiring him to cooperate with the Mueller investigation. Craig’s lawyers, meanwhile, defended the ex-Skadden partner in the court of public opinion, insisting the “few” media contacts about the 2012 report “were not part of an effort to promote the report on behalf of a foreign government,” and that “as a result, he was not required to register under” FARA.
The DOJ’s $4.6 million settlement with Skadden on Thursday requires the firm to retroactively register as a foreign agent and review its policies for responding to inquiries from the government.
A lawyer for Craig declined to comment Friday.
Chancellor Bouchard, what are you hiding? The law requires you to unseal these documents and let the public examine the court’s activities. If you aren’t covering your tracks and are not guilty of an impropriety, come clean and follow the law?
Sad to say, my loyal readers, that the black eye on Delaware is no longer confined to a local or national phenomenon, it has now gone global! Frankly, it is embarrassing for Delaware and it will further denigrate Delaware’s falling, former reputation as the best place for business justice.
Bouchard’s unlawful sealing of TransPerfect Global documents are indeed potentially damning to him and his Skadden Arps cronies (who I have been told were just fined $4.6 million by the DOJ for illegal activity that constitutes treason in my view) recently captures headlines in Barcelona, Spain’s second largest city, where I understand that TransPerfect has 500 employees.
Transparency is without a doubt required by the Courts. Bouchard, you and your cronies cannot mask illicit activities in the dark of night — by ordering mass sealing of public documents! Who do you think you are? You sir are not above the law!
Where did the $250 million go Bouchard? I know repairs on your Bentley are expensive, but don’t you think this is a little overboard?? If you have done nothing wrong, you certainly have nothing to hide. So prove me wrong, unseal the case, and expose the documents for all to see.
Right now you are creating an acute appearance of an impropriety. Under no circumstances should the public ever have to even suspect irregularities in the Court of Chancery. As I see it, the Court’s reputation just a couple of years ago was beyond reproach and now it is not!
You are now under the global microscope of investigative reports from as far away as Spain! Chancellor Bouchard, you owe the good citizens of Delaware a specific accounting of exactly where your appropriation of these funds, by your orders, to whom they were paid and for exactly what?
These TransPerfect documents must be released to the public if the Delaware Court of Chancery is to have any credibility at all.
I will not stop investigating, and writing about this until Chancellor Bouchard gives the public the transparency the law requires.
Please see the article below.
Nine months have passed since Phil Shawe took over 100% of the translation multinational Transperfect , which has one of its main international headquarters in Barcelona and a workforce of nearly a thousand companies. The takeover took place after one of the most mediatic business conflicts in the United States in the last four years. However, despite the resolution of the dispute, the judicial file of the case remains hidden from the public by decision of the Supreme Court Justice of Delaware, André Bouchard .
This new movement of the judge – the same that decreed the forced sale of the company founded in 1992 by Shawe and his ex-partner, Liz Elting – contributes to adding more opacity, if possible, to a shareholder conflict characterized by its lack of transparency and neutrality The dispute put at risk the future of more than 5,000 workers, 500 of whom are in the company’s offices in Barcelona, its most important international headquarters .
Opacity and obscurantism
The business conflict represented for the company an expense of 250 million dollars –214 million euros – in more than 30 law firms , global investment banks and entities specialized in M & A for the alleged resolution of the conflict. All these expenses had the approval of Judge Bouchard, who in turn, has maintained a long friendship with the leading law firms that have profited most from the forced sale of the multinational.
These benefited firms have been Potter Anderson and Skadden Arps , through the fees of their lawyers Kevin Shannon and Robert Pincus respectively. Sources close to Transperfect say that a large part of the money charged to the translation and dubbing company by these companies comes from invoices approved by Judge Bouchard that do not present details or justifications.
Out of the law
The decision of Judge André Bouchard goes against the current US legislative framework, which requires to make public the detailed information of the cases resolved.
In this sense, several civic associations of Delaware request that the works commissioned by Bouchard be investigated by the law firms, while they reject the judge’s decision to hide the details of the case, contrary to the provisions of the law. prevent the public and the media from accessing their records.
Delaware, exposed
The ‘TransPerfect Case’ has seriously damaged the prestige and neutrality of the State of Delaware, recognized in the world for its flexible and impartial judicial system. The imposition of a forced sale to a private company with positive results, the refusal to include in the bid strategic offers for the company or the opacity of the case demonstrated recently, have been some elements that have undermined the reputation of which it was one of the more attractive places for the American business ecosystem.
According to a survey prepared by the United States Chamber of Commerce, Delaware has fallen from the first to the eleventh position of the judicial neutrality ranking, after canvassing more than 1,300 general counsel, lawyers and senior managers. In turn, it is not surprising the decision of many companies to move their corporate headquarters to more competitive and neutral environments. This is what TransPerfect did to the state of Nevada at the end of 2018, as one of the first actions of Phil Shawe to restore stability to the company and its workers.
Sustained growth
Despite the fact that co-founder Phil Shawe had initially been removed from the sale of his company, in May 2018 the businessman put an end to the conflict by buying 50% of his partner and ex-partner for a value of 385 million dollars (330 million euros) thus doing so with 100% of the multinational.
Despite the grueling struggle for custody, TransPerfect closed 2018 with revenues of 705 million dollars – 621 million euros – 15% more than the previous year . This figure has remained positive for 26 years, which marks a clear upward trend in the sector , despite the fact that competitive threats such as Google and Microsoft are already approaching, which already offer translation services, where the results are often repeated awkward and errors in the translation of idioms or phrases.
Increase in employees
At the beginning of 2019, Transperfect hired its 5,000th employee. The company has more than 90 offices in cities around the world such as London or Sâo Paulo, however, its second most important headquarters – the first is in New York – is Barcelona, which has doubled its staff every three years.
In this sense, Phil Shawe predicts that the company could reach a thousand jobs in the Catalan capital by 2020.
Breaking News, folks: Elizabeth Elting’s attorney Kevin Shannon of Potter Anderson has made a new filing in the TransPerfect Global case. The filing allows his best buddy (you guessed it), Chancellor Andre Bouchard, to sink his tentacles into TransPerfect’s company coffers and possibly get the payola flowing out, once again! If the love of money is the root of all evil, Shannon and Bouchard are in my opinion its richest fertilizer. This story truly seems to have no end!
If you want to understand what I personally consider the colluding crooks of the Delaware Court system (Shannon & Bouchard) are up to now, stay tuned to the Coastal Network. I believe I am uniquely positioned, having earned the trust of more sources on the inside than any other commentator.
From what I have been told, I believe their latest scam to enrich themselves and their friends will shock your consciousness. First, I ask, why after having closed the case and after TransPerfect having fled our jurisdiction to Nevada to escape perceived corruption, is the Chancellor so eager to rip open old wounds and get TransPerfect back in his cross hairs? As they say on Wall Street, it’s about money and greed for certain corrupt Delaware elites.
I will explain Shannon’s apparent scam in a nutshell, as verified by multiple sources within the company. As part of the deal (or more accurately, what I see as state-sponsored blackmail), in order to keep the company he built, my understanding is that Bouchard made Shawe provide legal protection (known as “indemnity”) to Elting for wrongdoing related to lawsuits against her by former employees. Because of this, Elting’s team now seems to have no downside, so she (or more accurately, her bill-happy lawyers: Kramer Levin in New York, Potter Anderson in Delaware) appear to be working to sabotage the cases for which they are co-defendants with Shawe and TransPerfect.
Shawe and TransPerfect will have to be responsible by order of Chancellor Bouchard. Based on the contract with the Chancery Court, Shawe and his company TransPerfect Global has to handle Elting’s defense. Rather than sit back and enjoy their $385 million and 100% protection and “indemnity” that Bouchard forced Shawe to provide, Elting’s lawyers seem to be trying to make a mockery of theses cases and drive up their own legal bills (which will have to be paid by TransPerfect!), and keep on fighting in front of Bouchard. As I see it, because of Shannon’s perceived special relationship with Bouchard, they must feel they have no downside in sabotaging other litigations for which Shawe is paying the bill?
If you think I’m off base about how excited Bouchard was to get this wildly-successful company to start subsidizing legal time-meters all over the world once again, wait until you hear this: From what I heard, Shannon made a motion asking for permission to keep the case going, with extra pages (more pages equals more money for Shannon, less money for TransPerfect employees), and hold on to your hats, as I have heard from multiple reliable sources… Bouchard GRANTED Shannon’s motion to keep the fight going in the Chancery Court within 3 hours!!! (Chancellor, you could have at least pretended to be objective and not given the appearance that you and Shannon are colluding and coordinating behind the scenes. Perception is key, especially in this case. You couldn’t have possibly even READ the motion as fast as you granted it?!)
Now what’s worse than Bouchard having his clerks (who I have heard lie in wait for cushy Skadden jobs) standing ready to auto-approve Kevin Shannon’s every request, as he did for nearly 4 years? What’s worse than our Chancellor, who by his suspicious actions, could be betraying his sworn oaths and duties as a judge? What’s worse than a judge granting such windfalls to the side with zero witnesses to purposefully make settlement impossible? And what is worse than having, in my view, a Chancellor destroy Delaware’s business image and rankings (Dropping from #1 to #11) just to enrich his cronies? What’s worse? Watching Bouchard and his cronies gear up to seemingly milk it all over again??
Lawmakers, wake up and smell what I believe is the corruption in the Delaware Chancery! How pungent must the stench of Bouchard’s crazy operation be before you act, I ask? In my view, and in the view of countless other Delawareans who have written into my Coastal Network, Bouchard’s Chancery Court has morphed from a once widely respected institution, to what seems to me to be a corrupt third-world Kangaroo Court. TransPerfect would have gotten a fairer shake by suing Putin in Moscow. Wake up and pass reforms that will oust or limit the power of what I think is a Manchurian Candidate of a Chancellor, drunk with power.
In my view, this man is a menace to what the Delaware Court of Chancery is supposed to be about, which is equity and fairness! I believe no judiciary purporting to be honorable and running a clean shop would, could, or should allow him a seat at the table, much less, at the head of the table. It looks to me that Bouchard views the Chancery Court as a place not to ensure that justice is done, or to maintain Delaware’s reputation for business fairness, vested in him by the legislature, but as a personal play-thing, where he can make crazy, unprecedented, and unpredictable rulings that hurt 4,000 working families, just to enrich a few of his cronies, and the Chancellor apparently has no cozier crony, than his old, dear friend Kevin Shannon of Potter Anderson.
Stay tuned for more coverage. It seems at the moment that I’m the only correspondent with the inside scoop here. Either way, I promise to bring the citizens of Delaware the truth that no one else will.
Please click on the link below to read the article from “Crain’s”:
https://www.crainsnewyork.com/features/despite-bitter-battle-ownership-control-transperfect-remains-countrys-top-translation-firmFor the those of you who haven’t watched “Game of Thrones” on television and aren’t eagerly awaiting the final season in April on HBO, perhaps I can explain this analogy. King Joffrey is a fictional character, who is the product of incest. He is corrupt to the core, and willing to do anything to vanquish his enemies. His ascent to the throne was illegitimate. He tortures innocent people for his own amusement. He is a pathological liar and abuses his power in unspeakable ways to better his own position and his allies. He is all powerful; everyone fears him, so they tell him what he wants to hear (versus the truth), and all the kingdom’s subjects truly know he’s not the man for the job, but are powerless to drive change.
Other than being a product of incest, which I can’t opine on, in my opinion, Chancellor Bouchard is the spitting image of King Joffrey. I’m glad TransPerfect Global and its CEO Philip Shawe were willing to demand trial by combat, a Game of Thrones reference, and win a victory not only over Bouchard, but the cadre of, in my personal view, the many suspicious sycophants, he surrounds himself with such as (Bob Pincus, his former partner at Skadden Arps; Kevin Shannon, his BFF; and Leo Strine, his former Intern at Skadden Arps). Let’s hope Delaware is not powerless to stop this apparently sadistic man who, since he ran the Judicial Nominating committee, and used to employ Leo Strine, the Chief Justice, should in my opinion, have never been given this appointment.
Just to give you some background and an outrageous example, Bouchard wanted to give his friend Kevin Shannon and his client (former TransPerfect Global co-CEO Elizabeth Elting) an artificial leg up in the case. I have read over 5,000 pages of the transcripts in great detail. Take my word for it, it’s all lawyer lies and hyperbole — sad — and all designed to make this $650 million industry-leader look unusual — Why? I believe it was so Chancellor Bouchard could justify using TransPerfect’s company coffers as a conduit to enrich his pals beyond belief. When I think about the $250 MILLION (verified by Crain’s Business magazine) that Bouchard ordered private U.S. citizens to spend, just to seemingly benefit his cronies, it truly makes me nauseated. There was nothing wrong with this corporation, except for a 50% passive shareholder and scorned woman (Elting) who wanted out – and I think this Chancellor saw a huge opportunity knocking to use his position to feather all his friend’s nests and I am sure his own as well. What would a non-corrupt judge have done? Elting could have sold HER shares, even with a Custodian. But the rub is, half of a company (Elting’s share) wasn’t worth as much as 50% of the whole company — so seeking to enrich his pals, Bouchard embarked on a non-sensical judicial result: the most long, arduous, illogical, expensive, ripe for abuse, tortuous to 4,000 employees, a government run public auction from a successful private company — which is without precedent in America. To do this, Bouchard performed an illegal taking (contrary to the Takings Clause of the 5th Amendment) of Philip and Shirley Shawe’s stock (50% of TransPerfect) and put their private property up for sale, against their will, at the same time, to give Kevin Shannon’s clients a windfall. So, Bouchard then seemingly makes up an endless series of outrageous lies to justify what I believe is the biggest business theft in American history, courtesy of the Delaware Chancery Court and its cronies.
You might say, well Shawe bought it anyway at the public auction, so no harm no foul — Philip and Shirley Shawe got to keep their property. If you believe blackmail is a proper activity for Delaware judges to engage in, you would have a point. Bouchard pitted Shawe’s bidding against his largest competitor, HIG-Lionbridge, an off-shorer of U.S. jobs — so in effect, Bouchard extorted Philip Shawe into over-paying, as this was the only way Shawe could save 2,700 American jobs and keep his company.
Back to what I believe, based on the evidence, is that the Chancellor outrageously misrepresented the facts. Much to Bouchard’s disappointment, the law and the constitution prevents him from issuing a fine without a jury (thank God). So how does a potentially corrupt judge get around the law? As I see it it’s in how he lies in his opinions and tries to damage his enemies, and enrich his friends.
Bouchard wrote in his opinion that Shawe “did not deny” stalking Elting. Naturally, “stalking” is a criminal offense that would be picked up by the newspapers, and would hamper Shawe’s ability to get financing. This ridiculous lie was blown up by Chief Justice Strine during the appeal, who also falsely refers to it as an undisputed fact. I have talked with 100 employees and Shawe never stalked anyone, and Bouchard himself must now agree, since he eventually awarded Shawe the company. From what I’ve read, here is what I see as the EVIDENCE Bouchard relies on from the trial, and again Bouchard said publicly “Shawe did not deny” this, back in 2015 to set these wheels in motions… A HUGE NEFARIOUS FABRICATION !!!!
ELTING ATTORNEY: … Now, Mr. Shawe, you’re also fond of stalking Ms. Elting, aren’t you?
SHAWE: No, not in any way, shape, or form.
Bouchard should go to jail for the reputation damage of this outrageous lie alone. But the whole case is a grotesque misrepresentation which I believe was engineered by Bouchard for the benefit of his friends, and in my opinion, himself.
Here is what Bouchard himself wrote when Shawe requested an itemization of legal fees on November 10th, 2015:
“It is customary, after a sanction is imposed, to take evidence on the itemization of the amount.”
But I guess if you are the judge’s best friend, Kevin Shannon of Potter Anderson, you get $1.4 million dollars of TransPerfect money and these rules don’t apply to you. Shannon did not have to justify or itemize anything! The Coastal Network will offer a reward to anyone who can find Shannon’s itemized bills on the $1.4 million Bouchard forced Shawe/TransPerfect to pay in the record. I cannot. And don’t get me started on Bob Pincus’s $25 million share of the $250 million in pirate’s booty. UNBELIEVABLE!!!!!!!
Lastly to close on the point of who is worse, Chancellor Bouchard or King Joffrey from Game of Thrones, it’s a close call. Bouchard tortured thousands of employees for 4 years — innocent hard working Americans who were forced to delay weddings, put off having children, put off sending kids to college — all because of Bouchard’s, in my opinion, illicit scheme. Further, Shawe’s lawyers during the legal battle, were forced to pussyfoot around the issue of the Chancellor’s possible improprieties. This is from an actual legal document:
Delaware is a small state with a small bar. The Plaintiff, however, resides in New York, which is a large state with a large bar, so he raises that the context of the relationship between the presiding judge in the Chancery Action and Shannon lends color to this appearance. Although the Court of Chancery’s decisions concerning the Defendants’ conduct at issue does not preclude this action or control concerning the validity of Plaintiff’s claims, Plaintiff provides a few anecdotal facts regarding the relationship of Shannon and Chancellor Bouchard. Shannon and Chancellor Bouchard, upon information and belief, have known each other since they represented aligned clients in In re Walt Disney Co. Derivative Litigation, 907 A.2d 693 (Del. Ch. 2005) approximately twenty years ago. Both served on the board of St. Francis Hospital. They have appeared as co-panelists at the annual Tulane Law School Corporate Law Institute in New Orleans, Louisiana (including while the Chancery Action was pending). Plaintiff understands (and has been assured by counsel) that these facts are not necessarily indicia of impropriety. The Court of Chancery’s failure to require Potter to submit itemized records like its co-counsel, coupled with Shannon’s relationship with the presiding judge, does however engender speculation, even if unwarranted.
This makes me sick, look at this weak presentation from the defense, even Shawe’s lawyers felt they had to walk on egg shells, when battling Bouchard’s insidious operation. The inevitable conclusion is: There is just too much power centered in the Delaware Judiciary, and this is not what our forefathers intended. Perhaps, back when the Delaware Chancellors were honorable and the Chancery Court was a nationally respected institution, this wasn’t a life or death issue for the state of Delaware. Regardless, in my view after doing more research than anyone else, I am certain that Chancellor Bouchard’s handling of the TransPerfect case, his appearances of impropriety, the innumerable irregularities, and his unusual and unprecedented decisions were not just a product of gross incompetence, but something far darker. While King Joffrey is the product of familial incest, King Chancellor Bouchard is the product of his incestuous relationships within the Delaware legal system — and even though he’s the most powerful man in our kingdom, he is not above the law and must be held accountable for his actions. Delaware’s financial future, and thus the financial future of it citizens depends on it!
Delaware Lawmakers, I again call upon you for change and reform.
The responses I have received from so many of you concerning the TransPerfect Case and my recent articles about how things went down in this case are appreciated. However, the outpouring of outrage about Bouchard closing the records from the public almost brought my servers down, and broke a new record for the Coastal Network.
I will reiterate a few things as I see them before proceeding: Founders, Business Partners and co-CEOs of TransPerfect Global, Philip Shawe and Elizabeth Elting, after bringing this company from a dorm room idea to a $650 million dollar a year company, Ms. Elting wanted out and did not want Mr. Shawe to have it either. After Elting was thrown out of New York Supreme Court in one hearing lasting an afternoon, she then filed her same suit here, in the Delaware Court of Chancery, seeking a forced public auction of this successful company. This litigated outcome has never happened in the history of the United States. Unfortunately for TransPerfect, Elting’s local counsel in Delaware was Kevin Shannon of Potter Anderson, longtime best buddy of Chancellor Bouchard.
Shawe on the other hand did not want the company sold. Newbie Court Chancellor, Andre Bouchard (who insanely gets first right of refusal on all cases) sees his lifelong friend Kevin Shannon on the masthead of the case, and lo-and-behold, assigns it to himself, setting off years of litigation and what I view as the largest legal theft with the appearance of corruption in American History, to the tune of $250 million to lawyers and Delaware elites. Much of this money was charged, using millions upon millions of unchecked and un-itemized bills that were approved by Chancellor Bouchard, amidst widespread employee accusations of billing fraud and fabricated hours by Skadden Arps, among others.
From this point on, (besides other appearances of impropriety), it is my view that Bouchard brazenly misused his personal power by ordering the documents to be sealed — documents that, by law, should be available to the public. I think the Chancellor must think he IS the law, because he just seems to make it all up— as he goes along.
Here are the Top 10 comments I received from my readers. The last names and e-mail addresses have been removed to protect these good folks from any possible retaliation by the Chancery cronies. Thank you for writing in and following this case and continuing to follow it!
The first comment comes from Dave Stevenson of the Caesar Rodney institute (a conservative Delaware think tank) who would like to publicly share his opinion:
“Jud, I just wanted to second your concerns about Delaware losing its advantage as the place to incorporate. Combining franchise fees and abandoned property payments, this franchise is the largest revenue source for the state. I’m sure you saw Bill Freeborn’s recent article on killing the golden goose. As past Director of the Division of Corporations, he knows what he is talking about when he says a friend recently was”feeling that the recent uncertainty of the courts, the departure from established precedent, and the more “progressive” approach of Delaware’s judiciary make Delaware far less attractive for any of his global M&A clients”. I have written several pieces about the state’s frequent fee increases, and aggressive collection of abandoned property fees. We’ve been acting like pirates!
Keep up the good work!”
David T. Stevenson, Policy DirectorCaesar Rodney Institute
Here are 10 more from the many I received:
From Alice:
“Wow, your latest article is really INTERESTING! Can Bouchard actually seal these public records? If it is proven that these funds were wrongfully billed, the Chancellor’s ass might be grass.. This is an angle that is a possible way to expose this possible corruption.”
From Bob:
“Judson, You are sure throwing some heavy stuff out there. The Democrats at Leg Hall are squirming big time. LOL Keep it up, you are making a difference !!!!”
From Adam:
“Jud, Isn’t there a FOIA REQUEST you could do to get those documents unsealed or some court action???”
From Abner:
“Judson, This is brutal. Unfortunately the boys and girls in the Delaware Legislature won’t ever remove Bouchard. However he might not get reappointed. Your articles are fun reading and the people are talking. Keep the pressure on. Best Regards.”
From Lawrence:
“Judson, Thank you for all the information you provide us. I believe Delaware is in horrific shape. If this f…ing Judge is half as bad as you surmise, we are in huge trouble. Love your articles.”
From Erin:
“Dear Judson, Great stuff. This work you are doing is really stirring the pot. Delaware has tremendous economic problems already. WHEN THE Franchise taxes disappear, God help us!”
From Roy:
“Hey Judson, Those documents should be open to the public. This Chancellor is a disgrace. Thanks for all you do keeping us informed.”
From Kelly:
“That corrupt bastard. Get him Jud. If anybody can do it you can! LOL”
From Bill:
“General Reid Beveridge’s recent letter to the editor regarding the demise of Republicans in Delaware and the list of three possibilities that might return Republicans to relevance in our state caught my attention. Of particular interest was his third point – the potential destruction of Delaware’s corporations franchise. It is no secret, to those who understand the corporations business, that the state’s proprietary revenue source is facing attacks from multiple fronts, including from within Delaware. I sincerely hope that the new crop of junior legislators take the time to truly understand what this business means to our state’s financial well being. “
From Eric:
“Jud, Thanks for continuing to chip away at Chancellor Bouchard‘s armor! A recent Caesar Rodney institute email acknowledges that Delaware’s proprietary revenue source is facing attacks. Bouchard and his cronies are going to ruin it for us! What You are doing is important to all Delawareans. Please keep it up! ”
Folks, these comments from folks across Delaware from both sides of the political isle reflect a genuine concern about the integrity of the Chancery Court under Bouchard’s regime. Delaware’s sterling reputation as the best locale for businesses, with best equity court in the country, has plummeted. I again ask for justice on behalf of not only the thousands of TransPerfect employees that saw Custodian Bob Pincus cut their benefits and loot their company, but also justice for the citizens of Delaware! Someone must answer and be held accountable for the financial tragedy of the TransPerfect case — or our reputation will continue to sink more and more into the abyss.
Lawmakers, it is time for these documents to be open for public scrutiny and an investigation of who the Chancery Court made rich with TransPerfect’s money. The law gives the public transparency on the courts. Make Bouchard follow the law and unseal the documents!
This guy Marjan Sarec is a joke ! Ivo Boscarol wants me to organize a political revolution to combat this threat. He came to me in a dream. It was so real.
Marjan Šarec
Prime Minister of Slovenia
Marjan Šarec is a Slovenian politician and actor. He is the 9th and current Prime Minister of Slovenia, taking office 13 September 2018. He started his career as a comedian and political satirist but later entered politics.
Reporter says new government taking Slovenia back to socialism !!!!!!!
Ljubljana, 27 August – There is nothing centrist in the emerging coalition around Marjan Šarec, the weekly Reporter says in its latest commentary, arguing that the implementation of the tax programme of the radical Left as an external partner would take Slovenia back to socialism.
If you are one of my 6,000 Delawarean subscribers, you likely have a lot to be thankful for this holiday season. We live in the greatest democracy in the world. For the most part, threats to that democracy and freedom are taken head on. While it happens all over, there are now relatively few cases where the rich, the powerful, the politically connected get to prey on hard working men and women of our society. In Delaware, the only place where too much unchecked power has led to what I perceive as utter corruption is in the leaders of our judiciary. Chancellor Bouchard, bolstered by having his former intern as Chief Justice (Leo Strine), has in my view, created an environment where possible corruption and mismanagement is more than tolerated, it is both feared and exalted.
The combination of these two factors leads to a situation where no Delawarean will take action to even investigate Chancellor Bouchard, who in my opinion and in the opinion of hundreds of TransPerfect employees and perhaps thousands of onlookers, indirectly allowed $250 million to be moved out of a successful company to what appears to be the enrichment of those who the Chancellor has admitted having and established as long term friendships: Kevin Shannon of Potter Anderson and Bob Pincus of Skadden Arps, among others. While hundreds of members of the public scream for Bouchard to be at minimum, investigated, why does our legislature do nothing?!
From what I’ve heard, the Bouchard’s have Bentleys, Porsches, huge mansions in fancy neighborhoods, their kids fly around in private jets, and for this I hope they are grateful this holiday season. I demand justice for the countless employees, shareholders, officers of corporations and members of society that all pay a small “tax” to support Bouchard’s disgraceful operation, and because we do so without realizing it, the tables of every Delawarean are not as bountiful. Perhaps those who can do something about Bouchard apparently turn a blind-eye because they are making money as well? Or perhaps because they are too afraid to speak out against the Chancellor for fear of reprisal? All we read is nonsensical platitudes, no matter how crazy and unpredictable his actions. Believe me, it’s not because people in Delaware don’t know or suspect Bouchard has created appearances of impropriety!
Perhaps the most frustrating thing I have learned through my investigation and coverage of the TransPerfect case, is that many citizens feel the Chancellor is somehow operating in a suspicious and wrongful manner, but yet just shrug; “That’s the Delaware Way.” In my educated opinion, some cases could be decided while drinking expensive scotch in the country club conservatory. Indeed it’s enough to dishearten any patriotic American!
To the legislature; to the voters; and to members of the Delaware Bar Association who I see as acting as the front group supporting the Chancellor blindly, I think George Orwell may have said it best: “A people that elect corrupt politicians, imposters, thieves and traitors are not victims… but accomplices.” Orwell is right to an extent. If we want what I consider the Chancery Court corruption to stop, Delaware has to be willing to scrutinize the powerful. The cost of not doing so will be our reputation (which has already been compromised), our incorporation business, and our overall economy. I will have a simple plea I will make to our legislature: If you won’t begin an investigation, then, at minimum, make Bouchard unseal the case and make him show the public his friend’s bills he nefariously ordered paid with no examination.
There are literally thousands of employees who were irreparably harmed by Chancellor Bouchard seizing a situation — applying a corrupt and non-nonsensical remedy without precedent in the U.S. (maybe Russia?) — and engaging in the largest, single, I believe illegal wealth transfer in business history from honest hardworking TransPerfect employees into the pockets of the Chancellor’s elite country club friends. The case remains under a court-ordered seal. Hundreds, maybe into the thousands, of hours were billed that accounting employees claim were never worked! Apparently there is no itemization whatsoever?
My sources tell me that mainstream media sources have requested the sealed bills and files be opened, yet Bouchard refuses?! I say to our Chief Chancellor directly: “Unseal the records and let the public see what you and your friends have been up to. If you have done no wrong, you should have nothing to hide, no tracks to continue to cover. Open up the documents and invoices for scrutiny.”
Guess what your honor, the sale process is over, yet you still refuse to unseal the records?! Why??
The law supports unsealing the case when over, yet it seems that you continue to believe you are above the law, that you can play not only judge, but also jury and executioner — to thousands of employees at one of American’s most successful companies — and you and your cohorts think you can operate without full disclosure. It’s enough to make me, and any red-blooded American that cares about capitalism, property rights, and justice, sick.
If there is the slightest hint of corruption or even the appearance of corruption in the judiciary — it cannot stand. It cannot become the new norm. The cost to society, our children and our children’s children is too high. I believe you are not the man for this job, but while you are still in office, consider this the official request of the Coastal Network on behalf of my loyal readers. We formally request that you open the entire TransPerfect file. Why not clear the air Chancellor Bouchard and restore the public faith in your position, because the people of Delaware are skeptical?? Please prove my concerns wrong and show us these forced payments by TransPerfect under your authority and direction were justified and legitimate.
Again, while everyone is enjoying their holiday season, do not forget these many TransPerfect employees, many of whom make less than $50,000 per year, who are the ongoing victims of what I consider a possible $250 million fleecing!
It is the working employees and their families that are the true victims here. Folks, they scream for justice this holiday season. Unsealing and carefully scrutinizing these, definitive, court documents, that are public record by law anyway, is the least the Chancery Court can do. After 4 years of what I and many view as serious misappropriations and improprieties at the hands of a Delaware Chancellor, we owe these employees, and the public at large, complete transparency and closure.
The Wilmington History Society Hosts “A Deep Dive into the TransPerfect Case” and Welcomes TransPerfect CEO as a Surprise Guest Speaker
On Wednesday, October 17th, The Wilmington History Society convened for an evening discussion with the purpose of taking “A Deep Dive into the TransPerfect Case.” The event would begin with Jacob Jeifa of the University of Delaware, giving society members an overview of the case. Following Mr. Jeifa’s presentation, the floor was open for questions, and an unlikely guest, Philip Shawe, CEO of TransPerfect Global, made an appearance to help aid the discussion.At least one news outlet reported this was Mr. Shawe’s first foray south into Delaware since he wrested control of his successful company back from the Delaware Chancery Court. The court, in my view, has spent the last few years fleecing the pants off this successful company by forcing Shawe, with court orders, to pay $1,475 an hour for years to the Chancellor’s friend, Bob Pincus of Skadden Arps, not to mention an army of Pincus’ friends. From what I can see, given the amount of money Bouchard passed to engineer a $250 million wealth-transfer out of the company coffers (which ultimately came from the employees) and into the pockets of Bob Pincus, and other lawyers and Delaware elites, it is fair to say that Shawe could have been entering enemy territory going to this meeting in Wilmington. Many believe Shawe and TransPerfect to be the biggest victim of government corruption in modern history, courtesy of Chancellor Andre Bouchard.I had the opportunity to interview Nathan Field, President of the Wilmington History Society, about how the evening’s events unfolded. While one might have expected a showdown at the OK Corral, I’m told it was a pleasant and informative evening with good questions and a lively debate.“To hear so directly from a primary source, who was willing to answer any questions directly, was unusually informative,” Field said of Shawe being at the meeting. “It’s not often you get people like that in a bar, willing to answer any question you ask, so that part of the discussion was highly informative as well.”I wish I could have been there — this man and his company are arguably the greatest victims of judicial corruption in our lifetime — and yet he’s willing to come down to help Delaware understand the case and it’s far reaching implications. I placed a call to Mr. Shawe’s New York offices, but did not hear back before press time.Still, I commend both Shawe and the Wilmington History Society for their interest in fostering discussion aimed at educating the Delaware public on the case. In my view, the people of Delaware will be paying for the Bouchard-TransPerfect corruption in lost state income, lost jobs, and lower wages for long long time. Our incorporation rankings have definitely taken a beating like never before, and this is our state’s main source of income.The study of history is largely premised in the notion that by society examining the mistakes of the past, it can avoid them for the future. I can only hope that history will not repeat itself. Shawe had to move his company out of Delaware to escape corruption– with Bouchard’s tentacles no longer siphoning TransPerfect’s bank accounts, it seems Shawe has little to gain by traveling to Delaware and sharing his view and his experiences, so I commend him for doing so.I’m told a good deal of discussion centered around Justice Karin Valihura’s courageous Dissenting Opinion, in which at great personal peril, she took on Chief Justice Strine and Chancellor’s Bouchard’s ” Good Old Boy Network” — Declaring that Chancellor Bouchard as a neophyte judge had gone “Too far, too fast.” If anyone in Delaware would like to understand the Constitutional Issues at stake with Bouchard stealing Shawe’s stock and putting it up for auction, I encourage you to read Justice Valihura’s decision. It makes it fairly clear that Bouchard putting Shawe’s stock up for sale to benefit his former partner (and not-so-coincidentally, Bouchard’s bosom-buddy Kevin Shannon) was not only unconstitutional, but illegal under Delaware law.What is the one huge mistake history will judge Delaware by? When faced with obvious abuse of power, abuse of process, and corruption, our legislature did very little. We can take solace in this from Election Day results: The righteous Senators Bonini and Richardson — who tried to stand up against the rich elites, the lawyers, and the “Judges Gone Wild” — got re-elected. Conversely, sell-outs like Greg Lavelle who ran Bouchard’s ZERO-QUESTION confirmation hearings, and stood by his side as if he was paid to do so — was handed walking papers in the form of an election defeat.Please read the article below. While the title seems sensationalized based on the positive reports I’ve heard about the Wilmington History Society meeting, the article is solid. The establishment has some funny comments, basically: Yes, our Chancellors are unpredictable, but others are more unpredictable; and the Corporate Bar has lined up behind the Chancellor — shocker — given those folks have to go in front of him to argue for 9 more years (less, if there is any justice in this world!).Finally, while the election didn’t go the way I’d envisioned for Republicans in Delaware, what’s most important is seeing Democracy thriving. No matter which party you side with, a sincere thank you to everyone who got out the vote on Tuesday! Please click on the link below and read the article which is right on point.
Explaining his decision to reincorporate his business in Nevada, TransPerfect co-founder and CEO Philip R. Shawe returned to Delaware last week to deliver a parting shot to the state’s legal establishment, saying the Delaware Court of Chancery was too quick to order the profitable translation software company to the auction block.
Despite ultimately prevailing in what came to be known as one of the most vexing and contentious cases in the recent history of the Chancery Court, Shawe said last week that the 2015 decision to force the sale of the deadlocked, but profitable, translation software company could have wide-ranging ramifications for Delaware, which sells itself to the corporate and startup communities as a stable, predictable court system.
“If that’s the standard, you could dissolve any company in America,”
Shawe said at an Oct. 17 event hosted by the Wilmington History Society.
The critique has gained some traction, including with one state Supreme Court justice, who said Chancellor Andre Bouchard had gone “too far too fast” in appointing a custodian to oversee a public auction. However, the bulk of the state’s corporate bar has lined up behind the chancellor, arguing that he followed the proper blueprint for resolving corporate deadlock under Delaware law.
The dispute centers on a rarely used provision of Delaware law, which grants the Chancery Court authority to breakup firms when their directors have reached a point of permanent impasse. Under the statute, codified in Section 226 of the Delaware General Corporation Law, a custodian is required to continue the business of a corporation, “except when the court shall otherwise order.”
Shawe, who initially opposed TransPerfect co-founder Elizabeth Elting’s petition to dissolve the company, argued that Bouchard opted to impose an “unpredictable application of Delaware law,” when other, less-intrusive steps could have been taken to resolve TransPerfect’s corporate deadlock.
Earlier this year, Shawe won his bid to purchase Elting’s 50 percent stake for $385 million, finally putting to rest a four-year legal saga between the former business partners and one-time finances over control of the company that they had started together out of a college dorm room. An outspoken critic of the Delaware judiciary, Shawe in late summer changed TransPerfect’s state of incorporation to Nevada, in part so that he would never have to litigate its internal corporate disputes in Delaware again.
“I think there’s a lot Delaware can learn from this case, if it wants to be a hospitable home for entrepreneurs,” he said in an interview.
Shawe said in an interview that Bouchard’s sale order had stretched the company’s resources and shaken the confidence of his senior management team. Instead, Shawe argued, Bouchard should have allowed the custodian to expand the company’s board in order to reach an internal resolution.
Last February, Delaware Supreme Court Justice Karen L. Valihura had recommended the appointment of a custodian in her lone dissent to a 4-1 opinion of the high court upholding the sale. In her opinion, Valihura said that Section 226 had never before been used to sell stock over a shareholder’s objection.
“The absence of authority grounded in the statute, the conceded absence of any similar cases under Section 226, and our common law’s strong preference for the least intrusive remedies in cases involving court-appointed custodians suggest that the chancellor went too far too fast in ordering the modified auction,” she wrote.
Shawe has since seized on Valihura’s dissent to argue that Bouchard’s decision had upset the stability that Delaware corporate law is known for.
But Francis G.X. Pileggi, vice chair of Eckert Seamans Cherin & Mellott’s commercial litigation practice, said Section 226 had functioned as it should in a case of corporate deadlock. Pileggi acknowledged that Valihura’s dissent had a “substantial amount of merit,” but he said that Section 226 cases are, by their nature, “almost inherently unpredictable.”
“Whenever there’s discretion involved, one vice chancellor may reach a different conclusion than another vice chancellor,” he said. “The predictability is that 226 is available to break the deadlock. The unpredictability is how the court decides to break the deadlock.”
Section 226, Pileggi said, only applies to a small group of tightly held companies that incorporate in Delaware, and its application in one case would not have much affect on the broader business community.
It is hard to predict the outcome of any lawsuit, he said, but Delaware has a history of applying the statute on a case-by-case basis and would be better equipped to handle the cases than its counterparts.
“If you don’t know how the Delaware court is going to rule,” he said, “it’s even more difficult to predict how another court is going to rule outside of Delaware.”
One of my readers sent me a note pointing out a comment that I missed made at the bottom of a Washington Post article. While the year-old article itself is the usual establishment rhetoric, the thorough comment under the article, which I’ve included below is spot on. I’m focusing on this public Washington Post link because I want Delawareans to know that people outside of our humble state are also seeing that there’s something rotten in our state’s judiciary.
Even folks in our nation’s capitol are seeing that our suspect judiciary under Andre Bouchard (and his former intern at Skadden, Leo Stine) are the ones that are causing our incorporation and business confidence stats to plummet. There appears to be plenty of people out there who get it. If you want to know who benefited from destroying Delaware’s business-friendly image, and in turn, Delaware’s economic prosperity, one needn’t follow the complex money trail — that in my view, would eventually lead to Bouchard’s luxorious Bentley — we can look no further in my opinion. I would say just look at Skadden Arps’ and Potter Anderson’s bank accounts. Chancery Court favoritism and corruption has bled our state’s reputation dry, while seemingly to me simply feathering the retirement nests of Bouchard’s unscrupulous henchmen, Robert Pincus and Kevin Shannon. And just so you think I’m not the only one who is seeing things this way; this Washington Post piece has been up for a year — capturing the nation’s frustration with Bouchard’s nefarious actions in America’s First State.
I’ve written about the handling of the TransPerfect Global case, which has dragged down the reputation of our fine state — remember TransPerfect didn’t need “saving” — it was the largest, fastest-growing, and most profitable company of it’s kind.
Bouchard — with his clerk and now cushy Skadden job holder Mary Toscana ( possible payola!) – wrote what I believe are 105-pages of unsupported lies to justify the government take over of this company — and bleed it dry. The Chancery Court still seeks to mask the money trail from the public – One prominent lawyer mentioned to me this case has the most sealed documents in Delaware history. Make no mistake, there’s no reason for these court records to be sealed; they are simply evidence of how much cash was siphoned from the TransPerfect company coffers by those firms which I believe Bouchard empowered to run the company while he guaranteed them judicial immunity (no matter how corrupt). Again, the Chancellor is not above the law, and the public has a right to know.
Washington Post Letter writer, nearly one year ago today:
“Stephen Gandel failed miserably in writing this garbage article. The courts in Delaware aren’t the saviors of this company – they’re actually a corrupt group of attorneys stealing a company from an owner and employees who want to keep it alive. Please report how the judge, Bouchard, handed the case to his friend and plaintiff’s attorney, Kevin Shannon. Report on how Bouchard appointed his former colleague, Robert Pincus, as the custodian to force the sale of the company. Report how the Delaware Supreme Court Chief Justice, Leo Strine, who affirmed Bouchard’s forced sale of the company, is a former colleague of Bouchard. Report how Bouchard, Pincus and Strine all worked/work for law firm Skadden Arps, and now Pincus bills TransPerfect $1,400 per hour to hire his firm’s friends to fleece the company. Report how Skadden’s clients, HIG who owns Lionbridge – TransPerfect’s largest competitor, is “bidding” on the company. Report how Credit Suisse, who owns the debt for Lionbridge/HIG, is consulting for Skadden on this forced sale. Report how Bouchard rubber stamps Bouchard’s bills to TransPerfect for millions of dollars, without letting the public see those bills – while cutting benefits for the TransPerfect employees, which has caused dozens of high-level execs to leave the company in the last two weeks. The “story” is that the court decided to force the sale of the company to “save” the company from the two owners’ bickering. The reality is that the court’s forced sale will ultimately dismantle the company and move thousands of american jobs offshore, so Skadden’s client, HIG/Lionbridge, will be able to service the debt owed to Credit Suisse when HIG “bought” Lionbridge. This is a scam perpetuated by shady lawyers, and the Delaware legislature is doing nothing. Delaware may be the smallest state in the union, but it is making NJ and IL look small time when it comes to corruption and cronyism. Where is the DOJ? Here’s your career case! Just look.”
-John Bruce Dont
As the letter writer stated, he sees this as a scam put forth by sophisticated and dishonest lawyers – how long can our elected leaders sit by and do nothing, as hardworking Delawareans, certainly seem from my perspective, to lie on a bed of Bouchard’s corrupt weeds growing up to choke us. When will the Chancellor have to answer for his actions? The establishment protecting men in robes from their obvious improprieties didn’t work out so well for the Catholic Church — I’m not sure why legislators believe the Chancery Court is any different.
Check outthe old, fallacious, and misleading article that the Washington Post letter writer went after.
I was thinking about judges and confirmation hearings after recently watching the Senatorial process in the confirmation of Brett Kavanaugh as a United States Supreme Court Justice. As I’ve been writing about the TransPerfect Global case, it got me thinking about Delaware’s confirmation process in confirming Andre Bouchard as Delaware’s Chancellor, or lack thereof.
Justice Brett Kavanaugh had a total of 7 FBI investigations, was put through the ringer answering countless questions on uncorroborated allegations, his reputation was tattered, and finally only after completing a nightmare of a process, he was confirmed by the legislative branch.
Did Chancellor Andre Bouchard face any questions about his past judicial decisions? No. About whether he would follow the law faithfully? No. About whether he’d respect the U.S. Constitution given that he’s Canadian by birth? No. About whether he’s even read the U.S. Constitution? No. About whether it is an inherent problem that Chief Justice Leo Strine was his intern at Skadden Arps, and now must judge him on appeals? No.
How do I know this? Because in contrast to Justice Kavanaugh’s confirmation hearing, Chancellor Andre Bouchard’s hearing lasted a total of 13 minutes and he had to answer a whopping ZERO questions from our state legislature — much like his time on bench. In my view folks, his confirmation hearing was a complete sham!
And after all of that, we’ve seen his true character as a judge coming out over the past few years. As most of you know by now from reading my coverage the past few years of the TransPerfect Global case, Bouchard’s life-long friend, who represented former TransPerfect co-CEO Elizabeth Elting in the trial, attorney Kevin Shannon of Potter Anderson, was given every possible consideration beyond normal reason. Additionally, you also know that Shannon’s windfall victory was tainted by the fact that ZERO witnesses testified against Shawe — and ZERO witnesses corroborated Kevin Shannon’s self-serving story. This alone exposes in my opinion the seemingly dark underbelly of the Delaware elites like Chancellor Bouchard. But there’s another ZERO that perhaps you didn’t know… ????
I would say that your elected officials, and especially Senator Greg Lavelle among others who opposed fixing the inequities in the Chancery Court, surely acted irresponsibly in this situation, because there was no scrutiny whatsoever for Bouchard in the vetting process. The position of Chief Chancellor was/is simply too important a position for Delaware to entrust with a man who has been handed everything in his life based on a privileged upbringing and political favors vs. being the right man with the right character for the job. And, now all of Delaware is paying the price for what can reasonably be viewed from my view as Bouchard’s corruption. In my opinion, Bouchard believes paying people back who supported him in his ZERO-bench-experience ascension to Chancellor is his now job. The $250 million which I believe was stolen from TransPerfect to enrich his elite friends, is the prime example of his abusing his position. Delawareans deserved a confirmation hearing with some level of scrutiny on Andre Bouchard from Mr. Lavelle and our other elected officials. Delawareans deserved a real confirmation hearing — and Delawareans deserve better than Andre Bouchard.
In fact, Bouchard, having no experience as a judge, was lazily confirmed in just 13 minutes by the Delaware Senate, after his appointment by the Governor. It’s glaring and he was not properly vetted! Don’t just take my word for it……
Here’s a quick recount of the hearing from Celia Cohen’s April 10, 2014 Delaware Grapevine story “SPEED-VOTING FOR CHANCELLOR” written just after Bouchard’s appointment: “Thirteen minutes were all it took for Delaware to get a new chancellor…Buying a new pair of shoes has been known to take longer.”
Digging into Bouchard’s past, it doesn’t surprise me that he got this job with no scrutiny whatsoever. In fact, since I have followed the case and witnessed the most biased, ludicrous, mismanaged, and outrageous decisions in Delaware judicial history resulting in fleecing and looting of a healthy Delaware company — it actually makes more sense to me now knowing that Bouchard had a ZERO question confirmation. But that doesn’t make it right!
His tenure as Chancellor is a pathetic embarrassment to the State of Delaware; from his fiasco managing the Sussex County Register of Wills office, where he made 3 inadequate political appointments for Chief Deputy — instead of listening to the best and most experienced person, Cindy Green, the elected Register of Wills.
Unlike Brett Kavanaugh, who was deeply investigated, Bouchard’s past is unknown. I wonder if we really got into it, what we might uncover? Of course, we do know he was a member of the Skadden Arps law firm, which is under investigation by the Feds for various possible violations. Kind of makes Bouchard suspect I think, doesn’t it? By the standards now, it seems that people in esteemed offices are deemed guilty until proven innocent. Brett Kavanaugh was considered guilty by every Democrat Senator except Senator Mansion from West Virginia. Yet there was absolutely no corroborating evidence. (This probably wouldn’t bother Bouchard, because Bouchard needs no witnesses corroborating Kevin Shannon’s story — handing Shannon a windfall and ruling against TransPerfect in the most draconian way: Corporate Dissolution!)
Thank God our country has as part of our obligatory system, “a person is presumed innocent until proven guilty.” As a result, Brett Kavanaugh is a Supreme Court Justice and Andre Bouchard will probably remain a Chancellor. But as least Kavanaugh can say he lived through the scrutiny of a tough confirmation, and succeeded. Bouchard cannot. And Delaware will be paying the price for years to come.One might believe the legislature needn’t pass SB 53, because it already did such incredible vetting of Andre Bouchard before placing an attorney from private practice, with zero bench experience, into one of the most powerful jobs in the world; way too powerful in my opinion. Except, they’d be wrong. After watching Senator Elizabeth Warren’s endless ripping up of Supreme Court Justice Gorsuch before his confirmation, I thought it would be interesting to see what diligence the Delaware legislature did in confirming Bouchard as Delaware’s Chancellor??
Why should TransPefect Global owners and employees have been worried about how Bouchard would legislate this case? They assumed this judge would rule fairly because he was supposed to be well-versed in the law, judicial ethics, the Constitution, and his Chancery Court powers??
Ahead of his approval to the bench, was Bouchard asked the following questions?: Would you apply the law fair and impartially? No he was not asked!
Will you govern your decision by U.S. Constitution? No he was not asked! Was he asked whether he was familiar with the Constitution? No, he was not!
Did anyone even ask him if he read the Constitution?! No!
Was he asked how he would apply what he knew about the Constitution? No! Was he asked about his politics and if he would remain impartial? No!
Was he asked about how he saw his role as head of Delaware’s Court of Equity? No! Did anyone ask him ANY tough questions at all? Not a single question!
Was he asked what he knew about being a judge? No.
How do I know the answer is no to all these questions?
Folks, there were Zero questions in his 13 minute hearing — I can prove it.
Now is the chance to make this right, by contacting your Delaware State Senators! Please get involved and help pass SB 53!
Mistakes and mis-judgements like this only matter if we don’t take action in the present. I’m appealing to our lawmakers in Delaware… now is the time to help!
There have been hundreds of articles in the U.S. and around the globe about how this case has been mishandled and may hurt jobs at TransPerfect and hurt Delaware too!
Plea with your legislators to help now. Folks, now is the time where we can make this right!
It took just 13 minutes for Chancellor Bouchard to get rubber-stamped by the Senate’s Executive Committee in 2014. Unanimous vote. Can you see the cronyism that exists at a high-degree in America’s First State. Buying a new pair of shoes has been known to take longer!
Please look at this story below from just two years ago by Celia Cohen about our esteemed Chancellor of Delaware’s equity court, the Court of Chancery, which is famous for its fair decisions, which is one of the reasons Delaware is the nation’s incorporation leader.
Read about Bouchard’s 13-mintues below, and see for yourself my friends:
“Thirteen minutes were all it took for Delaware to get a new chancellor.
Seven minutes for a confirmation hearing by the Senate’s Executive Committee, another six minutes for consideration by the full Senate for a unanimous 21-0 vote on Wednesday in Legislative Hall in Dover, and that was that.
It put Andy Bouchard a swearing-in ceremony away from the most storied judgeship in the state as the chief of the Court of Chancery, the famed forum for corporate law.
Buying a new pair of shoes has been known to take longer. A lot longer.
It went so fast that Greg Lavelle, the Republican minority whip, felt compelled to explain the rapid roll call, almost sheepishly, to a visiting delegation of lawmakers from Kenya.
“For our guests, sometimes this is worth repeating, there’s a nominating process for all these positions, a lot of vetting, a lot of interviews and discussions. While there are not any questions here today, the questions have been asked on the front side of these proceedings,” Lavelle said.
Without the words to the Kenyans, Bouchard could have been out of there in twelve minutes.
Still, Lavelle had something there. This is the way it goes in a small state, where everybody knows everybody else or at least they like to think they do. Even the official nominating channels — with candidates passing from the Judicial Nominating Commission to the governor to the Senate — seem to hold less sway than the informal evaluation that goes on.
Bouchard, who will be leaving behind a corporate practice at Bouchard Margules & Friedlander, is a well-regarded presence in legal circles. If he was not a unanimous choice for chancellor among the bench and bar — and who would be? — there was certainly a consensus he was up to it.
The downside to the small-state familiarity that makes a known quantity out of its judicial candidates is the coziness that goes with it.
Ever since Myron Steele announced shortly after Labor Day he would be stepping down as chief justice, it was regarded as a foregone conclusion that Leo Strine Jr. would be elevated from chancellor to chief justice with Bouchard in line to take over in Chancery.
While there was nevertheless a robust pool of applicants for chief justice, the sense of inevitability prevailed by the time it came to choose a chancellor, and the Judicial Nominating Commission was left to beg for candidates not named Bouchard.
Bouchard has 30 days from his confirmation to take his judicial oath for a 12-year term.
He is a graduate of Salesianum, Boston College and Harvard Law, and he chaired the Judicial Nominating Commission until he left it to apply himself. He was a regular contributor to Democratic campaigns, although those contributions have to stop now, with checks going to Jack Markell, the governor who appointed him, as well as the vice president and the congressional delegation.
Another reason for the speed-voting on Bouchard may well be judgeship fatigue.
The Senate had to plow through nine confirmations for judges last year, and it has handled the nominations for chief justice and chancellor, the state’s premier judicial assignments, this year.
Nor is it done yet. Not only is there a Superior Court opening, but Jack Jacobs, a Supreme Court justice, unexpectedly announced his retirement as of July 4.
Since Jacobs is departing four days after the legislature’s regular session ends on June 30, the Senate will have to return for a special session, probably in August or September, just as the campaign season is coming on.
If Jacobs’ replacement is drawn from a lower court, it would mean yet another special session.
At least Bouchard comes from private practice, so nobody has to be nominated to replace him.”
THE ANNUAL BANQUET
THE CONSERVATIVE CAUCUS OF DELAWARE CORDIALLY INVITES YOU AND YOUR GUESTS TO ATTEND ITS TWENTY-THIRD ANNUAL BANQUET GUEST SPEAKERRamesh Ponnuru Senior Editor, National Review; Columnist for Bloomberg View;and Visiting Fellow at American Enterprise Institute Sunday, October 14, 2018 Cocktails at 1:00 P.M.(Cash Bar)Dinner at 2:00 P.M.Harry’s Savoy Ballroom2020 Naamans Road, Wilmington, DelawareR.S.V.P. by Tuesday, October 9, 2018 [email protected]
Ramesh Ponnuru is a Senior Editor for National Review, a Columnist for Bloomberg View, a Visiting Fellow at the American Enterprise Institute, and a Senior Fellow at the National Review Institute. In the fall of 2013, he was a resident fellow at the University of Chicago’s Institute of Politics. He has been a fellow at the Institute of Economic Affairs in London and a media fellow at the Stanford University’s Hoover Institution. Mr. Ponnuru has published articles in various newspapers, including The New York Times, The Washington Post, The Wall Street Journal, The Financial Times, Newsday, and The New York Post. He has also written for First Things, Policy Review, The Weekly Standard, The New Republic, Reason, and other publications. He has appeared on numerous television news programs, such as Fox News, CNN, MSNBC, PBS, CSPAN’s “Washington’s Journal,” and NPR’s “Morning Edition.” He is the author of The Party of Death: The Democrats, the Media, the Courts, and the Disregard for Human Life and author of the learned treatise, The Mystery of Japanese Growth. Mr. Ponnuru grew up in Kansas City, Kansas. He attended Princeton University where he earned a B.A. in history and graduated Summa Cum Laude.
Dear friends,
Many pastors have joined together to start the Vote Kingdom movement. It is a movement that does not vote politics, party line, nor personalities. It votes platforms and policy that is in alignment with Kingdom Principles and Values.
A poster I like the most is the one that is attached to this email (Faith & Freedom Coalition does not endorse candidates, I just like the poster). It is the thought that we are not alone when we vote. So true. Personally I rarely support candidates; but these times are so different. Our faith is under attack and our culture is being dismantled. We need to support those candidates who support Vote Kingdom principles. How do we know them. One way is the Vote Kingdom certificate from the pastors alliance recognizing those candidates with a record and personal history of supporting religious liberty.
So many people attack us because of our Christian faith. They want us to surrender what we believe the moment we leave our church doors. Only a handful of those running for office defend our right to live our faith in the public square. We must in turn support them. This is no longer about party politics it is about the survival of the church. We are attacked by so many and only a few have the courage to stand with us and for the Bill of Rights. Make sure you stand with them and vote for them tomorrow and Vote Kingdom.
They are ROB ARLETT for the U.S. Senate, DONYALE HALL for the Delaware Senate, RALPH TAYLOR for the Delaware Senate, and DAVID ANDERSON for Delaware Senate.
God bless you all, John Radell
Some thoughts on the Primaries…..
Sept. 2018 Registered Voters:
Democrats – 327,141
Republicans – 192,570
Republican Primary Voter Turnout:
Senate:
Robert Arlett – 25,284
Gene Truono – 10,587
Total Votes 35,871
18.627% of registered Republicans voted.
House:
Scott Walker – 19,572
Lee Murphy – 17,359
Total Votes 36,931
19.177% of registered Republicans voted.
There was a great novel, among others, written by legal mystery author John Grisham, called “The Firm”. A movie was also made of it where Tom Cruise played a blossoming young lawyer in a law firm that worked exclusively for organized crime and would go to unlimited lengths to protect its secrets. Many of you probably have read the book and seen the movie, as indeed I have as well. The book and the box office smash hit movie “The Firm” have some significance in its plot in relation to the TransPerfect story, except this is real life. Hold that thought.
You might remember the outrageous situation that happened during the TransPerfect saga where Chancellor Andre Bouchard appointed his former colleague from Skadden Arps, Robert Pincus, as a Custodian with unlimited power to potentially bilk this successful company. Pincus billed a whopping $25 million for himself and his firm for attending a once per month board meeting, and court-ordered over $250 million in legal Billings — all a reward for him for failing as mediator and allowing the case to drag on for years — and also drag Delaware’s name through the dirt. He and his cronies, as I understand it from my reliable resources, are a virtual who’s-who of suspected “over billers” including Alvarez & Marsal, Grant Thorton, Houlian Lokey and Credit Suisse. They seemingly, from all the vast sums of actual capital removed, set up a virtual cottage industry around emptying TransPerfect’s once-full coffers to feather their own nests?
One reason this case went on for 4 YEARS, and left this industry leader virtually penniless, from my perspective, is simply because these “prestigious firms” lined up to stuff their faces full with unchecked billing. A New York judge recently called behavior, not nearly as God-awful as the TransPerfect case, “Highway robbery without the six-gun,” for an amount involving 1/100th of what TransPerfect lost.
Further exacerbating the appearances of improprieties is the Skadden Arps $25 million, and much of the other $250 million spent that were ordered by the Court, yet were conveniently unverifiable, because in yet another shady and unprecedented move, Chancellor Bouchard allowed these bills to be paid without demanding checks or itemization. Folks, this unbelievable and unethical action really did happen, and is a matter of public record. Legitimate bills or state sanctioned theft — which is it? You can’t decide because Bouchard’s crew masked public transparency by billing only line items such as “$2 million for legal services” (and that’s for ONE month) and by getting the court to seal documents. I heard from one Chancery Court insider that the TransPerfect case has the most sealed documents in the history of Delaware and we are obviously not dealing with national security issues — just an embarrassed judiciary looking to cover their tracks.
According to my reliable sources within the company, none of what actually transpired at TransPerfect was actually necessary. And folks, a lot of people got filthy rich at the rate of $1,450 per hour because of Bouchard hooking them up. Interestingly, Pincus has now retired, and another source has confirmed that Skadden’s pension is based on a partners’ last 3 years of billing — How convenient! The good ole boy backscratching never stops and continues even in the face of scrutiny with today’s news.
There is a woman, named Mary Toscano, who was Chancellor Bouchard’s law clerk on the TransPerfect case. My research indicates that Ms. Toscano is widely believed, within TransPerfect, to be responsible for helping Bouchard in many ways and indirectly creating many of these problems. These actions in my opinion helped to justify Bouchard’s first-ever government takeover of a private profitable company — and this in turn apparently resulted in over $250 million in corporate waste that enriched Bouchard’s friends, and his friend’s friends, beyond belief.
She is also thought to be chiefly responsible for getting the custodian’s unchecked and unitemized bills in the TransPerfect Case approved by the court to be paid. The custodian, Robert Pincus, who was appointed by Bouchard had his bills approved, I’ll make this point once more — without itemization! Millions and millions of dollars went to Pincus. In exchange for rubber stamping bills often in the millions for one month’s “work” — using the term loosely, my opinion is that she is now being given a cushy job at Skadden as payback, and this presents yet another appearance of impropriety that should be investigated and stopped. Perhaps this job buys her silence?
Could this be a clever move for Skadden to lock up Mary Toscano with a higher-paying attorney job, which will probably result in shielding her from ever having to testify against Bouchard? Who knows what really happened, regarding Ms. Toscano’s employment with Bouchard’s friends?
Only in Delaware folks and just when our Chamber of Commerce rankings of Delaware’s top economic driver, the incorporation business, has plummeted based on the Chancellor’s perceived improper renderings and directives. Without legislative reform curbing their unchecked power, Skadden and Bouchard can easily use Delaware to possibly and continually to take advantage of companies to enrich themselves and their friends. Let’s not forget, Bouchard was a plaintiff attorney that sought to sue companies after every merger, saying the price was too low regardless of how it was priced — for those of you that aren’t in this circle it is my opinion: Bouchard was the corporate lawyer equivalent to an ambulance chaser.
And let’s not forget Skadden Arps — Reminiscent of the movie “The Firm”, with so much possible connection with wrongdoing attributed to this law firm by the media, is it really a stretch to believe this seemingly-suspect organization’s tentacles extend to the Wilmington office? Or perhaps they even originate there?
Famous law professor and trial lawyer Alan Dershowitz said of the Strine-Bouchard duo, “Any attorney who advises his client to incorporate in the State of Delaware is tantamount to legal malpractice!” Delaware has now dropped from 2nd place to 27th place nationally for being business friendly according to the “Thumbtact Small Business Survey.” Folks this is extremely detrimental for the future of Delaware’s economy. One third of all of Delaware’s revenue comes from corporate franchise fees. This comes after Delaware dropped from a significant #1 to a pathetic #11 for Judicial fairness from the National Chamber of Commerce survey. Delaware’s formerly esteemed Chancery Court has lost its great reputation which is why Delaware was the incorporation capital of the world in the first place. It is obvious that Bouchard’s actions in the TransPerfect case were part of the reason. These are two, separate, gigantic drops, folks and Delaware will definitely feel the pain. It’s no coincidence that the large drops for Delaware have come as the TransPerfect Global case was making headlines over the past couple of years! The Chancery Court and its assigned players operating the TransPerfect Global case under the auspices of Delaware’s Chancellor has seemingly turned out to be terribly detrimental for the state of Delaware. The TransPerfect adjudication by Chancellor Andre Bouchard was completely outrageous and unprecedented. The way it was handled should be totally unacceptable to any reasonable litigator. Millions of dollars were wrongfully forced to be spent by a Chancellor who legislated from the bench while making unprecedented and inequitable rulings. Equity is what is supposed to happen in the Delaware Court of Chancery, not the incessant and apparent feathering of nests for the benefit of the Chancellor’s good buddies and his former law partners?Consider that in a 4-year TrasnPerfect litigation, Co-CEO Elizabeth Elting called zero fact witnesses, and had zero affidavits, which is the least evidence in a Delaware civil trial that I am aware of ever being offered by the Plaintiff? Co-CEO Philip Shawe called all 10 witnesses in the case, all testifying on his behalf. He had 43 more waiting to testify and had over 120 affidavits. Then, in front of a hundred employees per day that traveled down to Wilmington to support Shawe, Bouchard found for Elting in 2015 and ordered the company dissolved and sold. This crazy ruling shocked the TransPerfect employees beyond belief, and that’s when the wave of Delaware corruption rumors began circulating like wildfire.In my opinion, Elting got the auction result she asked for in 2015; not because it was the right solution, indeed it was certainly without precedent, but because this allowed a vehicle, for what now appears, the moving of large sums of capital from TransPerfect’s coffers to that of a Court appointed Custodian who was a former business partner and friend of Delaware’s Chancellor. Folks, I am talking about over $25 million billed dollars that were not itemized and were approved for payment anyway by Chancellor Andre Bouchard. If there ever was the appearance of an impropriety, in my opinion this was it !Elting’s lawyer, Kevin Shannon, is a life-long friend of Chancellor Bouchard’s. Bouchard has admitted he was friends with his appointed Custodian Robert Pincus and folks– Pincus comes from Bouchard’s old law firm. Bouchard traveled to New Orleans, and made a public appearance with Shannon, during the decision-making phase of the trial. Beyond any doubt, this is an appearance of an impropriety. Every other lawyer was made to itemize their fees, making them subject to challenge. Which lawyers didn’t have to? You guessed it. Shawe won in the end. His winning “auction bid” was $385 million, but he’d offered $300 million publicly half-way through the litigation, 2 years ago. $250 million has been the widely reported estimated legal cost (I estimate higher), this means that roughly, the Chancery Court spent an extra $125 million of shareholder money (and took an extra two years of employees lives), only to get an $85 million dollar increase in value. This was not really “value maximizing” to the shareholders was it Chancellor Andre Bouchard? Whose value did you maximize, I wonder? Another Appearance of an Impropriety ?There is no doubt in my mind, that Delaware has recently dropped from #1 to #11 in Judicial fairness, and a devastating drop from #2 to #27 for Delaware being friendly to small businesses, has happened in my view, because of the shady way the TransPerfect case was handled. At least when Delaware economics sinks further and further into the red, we’ll know who to point our fingers at. I guess that’s something, but it’s not enough, there should be an investigation. Most importantly, I feel it is time for the General Assembly to act by responding to these significant drops in national recognition with necessary changes in the law — changes that will restore faith in Delaware’s judiciary so that businesses will continue to incorporate in Delaware and prosper accordingly. Please read the article below.
Delaware saw its No. 2 ranking head south in the Thumbtack 2018 small business survey.Small business owners surveyed by Thumbtack, gave Delaware a B- this year, ranking 27th in a survey of business friendliness in all 50 states.Thumbtack is a website and app that finds local professionals.
That’s 25 spots lower than last year when the state ranked second and received an A+. Delaware scored higher than New Jersey (D+), but lower than Maryland (B+).
State leaders had been taking note of the positive 2017 findings from Thumbtack as surveys from CNBC and others gave Delaware low business rankings.“The biggest slip this year for Delaware was in its training and networking programs. In 2017, it received an A grade, with 27 pecent of our respondents saying that they or their business had benefited from a training or networking program,” Thumbtack economist Lucas Puente, stated in an Email message. “However, this year, only 10 percent of the small business owners we heard from had used such a program. This drop in usage led the state to get an F for its training and networking programs this year.”
Another noticeable decline came in tax regulations Puente noted Last year, 45 percent said that tax-based regulations were friendly towards small businesses; this year, only 34 percent did.
Its 2018 Small Business Friendliness Survey, ranked all 50 states and 57 cities based on factors that included licensing requirements, tax regulations, and labor and hiring regulations. With over 7,500 small business owners surveyed, it’s the largest continuous study of small business perceptions of local government policy in the U.S, according to a release.
Based on the evaluations in surveys, Thumbtack also assigned eight policy-specific grades to evaluate how easy local governments make it to start, operate, and grow a small business. For more details about the report and the full set of results for Delaware, please visit Thumbtack.com/DE.
It pains me to say this: But having covered the TransPerfect Global case closer than anyone for the last couple of years and talking to many employees who had their lives turned upside down by the Delaware Courts, I am happy to see the American success story known as TransPerfect finally being able to escape the tentacles of our Chancery Court and Chief Chancellor Bouchard. Thankfully, it wasn’t sold to a private equity shop, which may have laid off thousands of workers with the intention of trimming the company and flipping it a few years later. Ultimately, the employees won, and jobs were not lost.But at what price? Did the Court of Chancery really do equity here by causing the litigants to incur $250 million in fees to resolve ownership of a company that does $600+ million in revenue? It would take years for the company to recoup those costs! It’s obscene, it’s outrageous and in my opinion — nothing less than a money grab by the Delaware Bar and what amounts to State sanctioned theft.Why would corporations want to incorporate here when they start to realize that their biggest business losses can occur when they try and get something done in Delaware. Let’s be clear folks: The greed of the Delaware judiciary and its lawyers have made Delaware a “business unfriendly” state. The only people who won here were lawyers, Delaware elites, and those hired by them. The legislature should form a special committee to investigate the whole TransPerfect case so that the Delaware attorneys and Chancellor Bouchard can explain their actions and open their books to the public (which they have shockingly refused to do to date ). In order to survive, Delaware needs transparency, now!When litigants come to Delaware and see Chancellor Bouchard pulling up in his Bentley, they will probably be thinking about the TransPerfect case. Reading the piece below about TransPerfect moving its corporate headquarters from Delaware to Nevada, I thought, bravo TransPerfect! Very smart for those guys to get out of the state where we have no checks and balances on the judiciary’s power. I mean, the Chief Justice of Supreme Court was Bouchard’s summer intern! I am erxtremely sad for Delaware, but overjoyed for TransPerfect. TransPerfect employees and shareholders weren’t the only losers here. What Delaware lost and is losing in our reputation and our image is priceless. Frankly, in my view, it is lost at the hands of a greedy bunch of powerful cronies who have the ability to bleed companies and their shareholders dry. Judges who legislate from the bench and have relationships with attorneys, creates the appearance of an impropriety and all the while, it seems our elected officials just stand by and do nothing. If you followed the recent Facebook case in Delaware, the fees requested in that case were $129 million! We have reached a seminal moment for the Delaware judiciary and for the people of this great State! Can the corruption run any deeper? Under the leadership of Chief Chancellor Bouchard, our state fell from #1 to #11 after 15 years of dominating the corporate confidence survey and I’m worried that the Delaware Bar Association and Delaware’s Supreme Court will continue to turn a blind eye as more and more corporations question the reliability and impartiality of the Delaware Chancery.The story below says that TransPerfect Global and 7 of its operating subsidiaries have moved to Nevada. The move has been called “Dexit”, as in Delaware-exit.Some of TransPerfect’s employees in my 6,000+ readership-base think I’ve been their only voice, yet now I ask them to be my voice: To the employees and to TransPerfect CEO Phil Shawe, I say this:I understand why you’re leaving — if someone took a quarter-billion from me, I’d leave too — but stay! Please don’t turn tail and run now that you’ve won. Delaware is a good state with good people. You are the only business people who are bold and dogged enough to challenge the cronyism that is rampant in Delaware, and to possibly get legislation passed that will reform a judiciary gone amok. With you leaving, what about the rest of us? You have the means and the motivation to make a real difference here — to save Delaware from itself. How will you feel when the next $100 million in legal fees is awarded? Beyond Delaware, think about how many future management teams and shareholders you can save from the heinous, legal crap that befell you at a cost of millions of dollars.Speaking for Delawareans as a whole, we don’t want more private jets for plaintiffs attorneys and Bentleys for judges. We want change and we want our reputation back. Consider coming back to Delaware and being part of the solution? Now that you have nothing to gain or lose, perhaps our legislators will listen. Please read the article below.
TransPerfect wasted no time in moving its corporate domicile from Delaware to Nevada once the deadline for Co-founder Liz Elting to file an appeal with the U.S. Supreme Court passed on August 1, 2018, without incident.
The move puts closure and distance between the world’s largest language service provider (LSP) and the Delaware Court of Chancery, which had appointed Custodian Robert Pincus to auction the company.
TransPerfect Co-founder Phil Shawe eventually won the competitive auction process and completed the buyout in May 2018, enabling the company to restart acquisitions and relocate to Nevada.
Expensive Litigation
For four years beginning 2014, the legal battles for control of TransPerfect were amongst the most acrimonious seen in American corporate history. While Shawe declined to comment on the legal and custodian costs for this story, Crain’s reported that USD 250m in legal fees were spent by all parties on at least 20 lawsuits involving 30 law firms.
The Court of Chancery in Delaware, where TransPerfect was domiciled, would take center stage in these battles. In June 2016, it ruled that the company would be sold in an auction in which Shawe would be forced to participate while he contested its legality at the same time.
The auction began with 97 potential participants, ran four bidding rounds and ended with Shawe securing the bid for USD 770m in a neck-and-neck finish with H.I.G. Capital, the private equity owner of Lionbridge.
In an email statement to Slator in May 2018, Shawe said “Personally, I feel both pleased and vindicated to have won the auction and to now be in a position to ensure that TransPerfect’s successful business model will be maintained into the foreseeable future.”
Debt Financing
Shawe purchased all of Elting’s shares for USD 385m in cash, yielding her about USD 287m in after-tax net proceeds. “TransPerfect and I used Owl Rock’s debt financing to buy out my former partner,” Shawe confirmed to Slator for this story. He declined to provide the type and amount of debt raised.
Shawe added that “Property rights advocates should perhaps be happy to know that TransPerfect’s third shareholder, Shirley Shawe, was, in the end, able to keep her (1%) stake in the company – private property which she feared could have been taken by the government, against her will, and sold to a third-party – a litigation outcome unprecedented in U.S. history for a private, profitable firm.”
With the purchase approved by the Delaware Supreme Court and completed in May 2018, Liz Elting had until August 1, 2018 to file an appeal with the United States Supreme Court. The deadline passed and TransPerfect wasted no time moving its corporate domicile to Nevada.
TransPerfect’s Dexit
Shawe confirmed to Slator that “as of August 6th, our parent company, TransPerfect Global, Inc. and all seven of its operating subsidiaries which were domiciled in Delaware, have moved to Nevada.” The move has been called “Dexit” by insiders.
“For years, most companies – including ours – considered Delaware the default option for incorporation” Shawe told Slator. “But times and circumstances have changed and other states, Nevada chiefly among them, now represent a compelling alternative.”
He added that “Nevada has a reputation for low taxes, privacy, lower litigation costs, a rational and predictable judiciary, as well as for protecting officers, directors, managers, employees and stockholders. It is an extremely business friendly locale.”
A Return to M&A
TransPerfect has emerged as a formidable player in the language industry, with revenues up 12% to USD 615m in 2017. Even more remarkably, the company managed to organically grow revenue by nearly 20% to USD 337m in the first half of 2018.
The growth, according to Shawe, is broad based across “every industry vertical we service. We’re also seeing significant growth in both our services and technology revenue streams. Geographically, it’s the same story, the Americas, Europe, and Asia are all up compared to last year.”
“If we had an extremely compelling use of funds, we’d raise the capital necessary, either in the private or public markets”
When asked if M&A would also be part of its growth strategy going forward, Shawe replied “Yes. We are looking for M&A candidates in the services space (…). In the technology space, we are looking for strategic software purchases that would fit well in our existing technology stack.”
Less certain is whether TransPerfect will go public and use its shares as a source of capital in acquisitions as RWS, Keywords Studios and SDL have done.
“We’re more apt to view ‘going public’ as we would any other means of raising capital” said Shawe. “If we had an extremely compelling use of funds, we’d raise the capital necessary, either in the private or public markets.”
$129 Million Sought By Delaware’s Lawyer and Chancery Court Elites
Look at this story below, folks. While not nearly as egregious as the infamous and historical TransPerfect Global case, we seem to have more Delaware law firms pillaging a large tech company. In this case, it’s Facebook, with exorbitant legal fees. Whereas in the TransPerect case, it was Potter Anderson, Skadden Arps and others, who in my view, were swindling a king’s ransom from that successful company. In the Facebook case, legal firms Grant & Eisenhofer and Prickett, Jones & Elliott are looking, in my opinion, not unlike the TransPerfect case, while attempting to ransack and loot, a big-time tech-giant and its shareholders. This is yet another example of why legislative reform aimed at curbing the judiciary’s powers are necessary to stem and reverse Delaware’s economic collapse.The law firms cited in the Facebook story below are looking for an amazing $129 million in attorney fees, while Facebook is saying this is outrageously high. Quite the gap, and it’s quite glaring to see how much certain Delaware law firms have again possibly over-billed! If this fee is granted, it will allow Grant & Eisenhofer to buy another private jet….how else will Bouchard’s children get around when his Bentley is in the shop?!After the debacle known as the TransPerfect case and the subsequent beating Delaware took in the Chamber of Commerce’s national rankings going from number 1 to 11, will the Delaware judiciary have learned its lesson? See the “Delaware dethroned” article which backs up my concerns:https://www.law.com/sites/almstaff/2017/09/12/delaware-dethroned-by-south-dakota-as-top-corporate-lawsuit-venue-report-says/In the TransPerfect case, the attorneys were billing and gauging at extraordinary rates, contributing to an estimated total of $300 million in legal, custodial and other fees. An outrageous sum that Corporate America has taken note of and clearly indicated to all Delawareans by our plummeting rankings in all aspects of the efficiency and objective balance of Delaware’s judiciary. Sad to say that this Facebook case is shameful for Delaware, just like the TransPerfect case has been!! My opinion was and still is that Delaware continues to lose national credibility with all of this bad press stemming from Delaware’s Chancery Court.Unfortunately, I am not optimistic. In my observations, greed overrules justice when it comes to the Delaware Bar, who by seeking to enrich themselves in Bouchard’s Chancery Court, will not only destroy their golden goose, but the Delaware economy as well. Remember Bernie Madoff lived a good life for many years, until it all came crashing down.I believe that the Delaware Bar Association members know that Bouchard is their guy and as the Chief Chancellor of this court, could he be ready to line their pockets again? This is Bouchard’s court, he runs the show and they all seem to get what they want? We will see how it eventually shakes out.Recently a Manhattan Supreme Court Justice said he was “troubled, almost haunted by the idea of awarding almost half-a-million dollars to attorneys who simply prevailed upon a court to dismiss an untimely proceeding.” He went on to say he viewed the fee request of $464,164 as “highway-robbery without the six-gun,” and called on attorneys and fellow judges to cut down on astronomical awards. (In the Facebook case they are asking for a whopping $129 million).Will Chief Chancellor Bouchard, Chancellor Laster and their cronies at the Delaware Bar listen? Or will they continue to try to line their pockets at the expense of the Delaware economy? In this Facebook case, seemingly greedy attorneys in America’s First State look to be triple-dipping, seemingly assuming Facebook’s deep-pockets will soon line their own pockets.If you’ve been reading my coverage of the Chancery Court cases in Delaware, including the recent CBS vs. Viacom case, where Bouchard said he’d “never seen anything like this before,” just like the TransPerfect case, you can be certain that Bouchard has seen billing like this before… in the TransPefect Global case and likely many others! Folks, I’m looking out for Delaware and our business-reputation, and will continue to do so. Please read the story below for what I believe, according to the news, is the latest corporate gauging by attorneys in Delaware; it shows that Delaware is anything but business-friendly:
Attorneys defend $129M Fee in Suit Over Facebook Stock Plan
ALM Media July 24, 2018
Tom McParland
Three law firms are pressing their case for $129 million in attorney fees in a shareholder suit over Facebook Inc.’s since-abandoned plan to reform its stock structure in a way that would have given founder Mark Zuckerberg more control over the company.
Attorneys from Wilmington plaintiffs’ firms Grant & Eisenhofer and Prickett, Jones & Elliott and Radnor, Pennsylvania-based Kessler Topaz Meltzer & Check defended the request in a court filing on Monday, saying Facebook’s eleventh-hour decision last year to scrap the reclassification plan had secured the full relief their clients had sought in the two-year-old lawsuit.
Counsel for Facebook, however, has said the proposed award was the second-highest ever requested in the Delaware’s Chancery Court and would “dwarf” fees in comparable cases.
Instead, the company said any fee award should not exceed $19.8 million.
The dispute hinges on the question of how to quantify the value of the plaintiff’s victory last year, which came just three days before a planned trial that aimed to put Zuckerberg on the stand. The share restructuring would have allowed Zuckerberg to retain his 60 percent voting power at Facebook, even as he made good on his promise to sell off his shares to charity. There was no dollar amount attached to the agreement, and both sides at the time refused to call what transpired a “settlement.”
Plaintiffs’ attorneys argued Monday that the move would allow shareholders to eventually take control of the Menlo Park, California-based social media giant, a benefit they said was worth $1.29 billion based on the company’s present value. “The real issue in dispute on this fee application is how does one value control of a $500 billion company,” the attorneys wrote in a brief in support of their motion. “Facebook cannot now retreat from Zuckerberg’s many uncontradicted public statements. Nor can it credibly claim that control of a $588 billion company does not have a multibillion dollar value.”
Facebook, which is represented by Ross Aronstam & Moritz, said in court papers last month that Zuckerberg has no intention of relinquishing control of the company for the foreseeable future, and there was no way to accurately determine the value of the termination.
Given the uncertainty, the company said, attorneys should be compensated based on the time spent working on the case. “Plaintiffs’ counsel now seek the second highest fee award in the history of this Court, and (by an order of magnitude) the highest fee award in any case not involving a certain and quantifiable monetary benefit,” Facebook’s lawyers wrote in a brief. “Under these circumstances, quantum meruit is the proper method for determining an appropriate fee.”
Facebook’s board approved the reclassification in 2016 as a mechanism to allow Zuckerberg to maintain control of the company after he had announced that he would donate 99 percent of his Facebook holdings to the Chan Zuckerberg Initiative, a philanthropic investment company run by Zuckerberg’s wife, Priscilla Chan. But investors quickly lined up to oppose the plan, arguing that it would grant Zuckerberg lifetime control of Facebook, while forcibly converting two-thirds of Class A stockholders’ equity interest to nonvoting Class C shares and depriving them of any influence over the company. In a complaint filed in May 2016, class attorneys called the plan a “fait accompli” for Zuckerberg and argued that it was a self-interested scheme approved by a conflicted board of directors.
With trial just days away, the company announced on Sept. 22 that its board had unanimously agreed to withdraw the reclassification plan.
In a post to his Facebook account, Zuckerberg said that the proposal to add a new class of company stock was “complicated” and that it “wasn’t the perfect solution.” However, he said that Facebook’s recent success would allow him and his wife to fully fund his philanthropy and maintain voting control for at least the next 20 years. And he announced that he planned to sell 35 million to 75 million shares in the next 18 months to fund contributions in the areas of education and science. “This path offers a way to do all of this, and I’m looking forward to making more progress together,” Zuckerberg said.
Briefing the plaintiffs fee request is now complete, leaving the issue to Vice Chancellor J. Travis Laster to decide. There was no word Tuesday on when the judge might rule.
The case is captioned In Re: Facebook Class C Reclassification Litigation.
So what happens when TransPerfect is permitted to operate its business without the court-ordered, hand-picked custodian, employment of countless attorneys, needless consultants, and Delaware elites? All installed as a result of Delaware and Chancellor Bouchard’s over-reaching and needless court decisions that tried to sell the business from under its founders. Ordinarily, I bet you would have wait years to find out?
Just months after Andre Bouchard and Leo Strine ended their 3-years of court-ordered “hands in the till” — which was, according to Delaware Supreme Court Justice Karen Valihura, an unlawful seizure of TransPerfect’s fast-growing and profitable business — the reins have now returned back to the always-rightful owner (Philip Shawe) and the original management team who built the company. And what has happened by returning TransPerfect to the private sector?
Revenues are now up 19% for the year!!! 200 NEW AMERICAN JOBS have been created and TransPerfect is now returning to its former glory as its industry’s largest and fastest-growing company. The fact that our Chancery Court System engineered a THREE-YEAR, $300 MILLION government take-over by a Skadden Arp’s attorney, who billed $1,475 an hour. Where both Bouchard and Strine both “coincidentally” happened to have worked before they got their political appointments. The thought continues to make my blood boil.
Delaware legislators, I said it before and I’ll say it again: There is no checks-and-balances on the cozy, back-scratching, incestuous relationship, which YOU allow to exist between the attorneys’ special-interest group (The Bar Association) and the Judiciary in Delaware. Our founding fathers required serious over-sight for all government operations and your lack of action is inconsistent with your oaths of office in my humble opinion.
Nothing puts our current crisis, and the dire need for legislative reform, more into focus than the TransPerfect case. In my opinion, new legislative reform must curb the Chancery’s unchecked power to takeover an entire business, and order excessive payments from the company with no limits, no supervision, and absolutely no accountability.
It is your job General Assembly members to protect the system. You were elected to lead. I and many of my readers are imploring you to take action to prevent outrageous tragedies such as the TransPerfect situation from ever happening again.
In my opinion, this is the only way out of our downward spiral in business confidence, in judicial impartiality rankings, and the only way to reverse the current economic crisis in all of Delaware. These wounds were self-inflicted on our entire state by the unprecedented actions of Chancellor Bouchard for reasons still unknown and still very suspect, but regardless, we need to learn from our mistakes — Delaware’s reputation cannot continue to be one of “corruption” — we need reform and we need change.
So, what has happened since? It’s amazing what happens when private property is in the hands of private citizens and private sector managers and not in the hands of government officials and their cronies.
But don’t take my word for it, please see the following article on TransPerfect’s business from last Friday’s New York Post.
Phil Shawe is proof you can survive a breakup with your business partner — even if the partner is your ex.
Shawe gained control of the “family” business, TransPerfect, earlier this year after a nasty, “War of the Roses”-type court battle with his fiance — and tells The Post business has hardly been better.
The privately held firm is going to report this week that profits in the first half of 2018 jumped 19 percent — and that revenue for the year is projected to surpass $700 million.
“The company has enjoyed six months of certainty,” Shawe said from TransPerfect’s New York City headquarters. “The last time we grew like this we were a $100 million company.”
Shawe and his then-fiancee, Liz Elting, started TransPerfect in 1992 out of an NYU dorm room. When they split, each controlled 50 percent of the firm and neither had the right to buy the other out.
When the battle for control of the language translation company began in 2014, Elting partnered with private equity firm H.I.G. Capital, which owns Lionbridge, a rival service, in a bid to buy out Shawe.
Shawe didn’t partner with anyone in his attempt to buy out Elting.
In February, the four-year battle ended when the Delaware Chancery Court ruled in favor of Shawe — who outbid Elting, and agreed to retain virtually all the 4,000 full-time employees.
The deal closed last month.
Shawe said he has added 200 net jobs this year. TransPerfect has made one acquisition since the court’s ruling and plans to look for other opportunities, Shawe said, including possibly buying Lionbridge if it comes up for sale.
Shawe said he has not had a conversation with Elting, outside of board meetings, for a few years.
Dear Friends,Thank you for your support and feedback on my investigative journalism with the TransPerfect case. We shed light where it needed to be brightest and in doing so we wanted to be sure other successful companies don’t get dragged through the potential government takeover that TransPerfect experienced over the past three years. With your support I was able to help protect Delaware’s business reputation, which drives our state economy here in Delaware. Rather than recap the case, which I did in a recent column, let’s get right to the feedback from you good folks, the real stars of this column and all 6,000 of you, who are the true force behind my voice and whatever impact we made in Delaware and the TransPerfect case.Here are the top remarks I received. There were so many, I decided to narrow it to a baker’s dozen!Enjoy:1) From Sarah B: Why do I feel like the dam is only beginning to crack in Delaware? Keep letting us know what is going on!2) From Rick: There are layers and layers to this case. This is truly bad for our state. How could this happen and how can we stop it from happening again? 3) From Grant: Great Job — Delawareans are really in tune with the problems in our Judiciary because of you. You have been an inspiration over the years. 4) From Phil D: Thank you for the work you have done. The TransPerfect case which you brought to us has been fascinating. Once we became hooked, we couldn’t hear enough about it. Really happy that CEO Shawe won the bid.5) From Corinnia:“Great news, Judson!” 6) From Claire:“Amazing, Amazing, Amazing — AMEN”7) From Gene:“A lot like Mueller’s collusion case”8) From Sebastian: “Thank goodness Delaware was not responsible for one of the worst cases I’ve seen in my many years following the Chancery Court.” 9) From John:“Outstanding effort on your part Jud!”10) From Gail:“Yay, Jud ! Congratulations to you for all your hard work on this!”11) From Elizabeth: “I couldn’t hear enough about this case. I was so worried for those employees. I really thought those jobs were going to be lost!” 12) From Bryant:“Thank you for keeping us up to date on this Court Case.”13) From Sam:“Jud, the people of Delaware now know that there is corruption in the judicial system. I am so happy Shawe prevailed. Good job on your reporting.”These are the top comments from you good folks. Keep them coming, I truly appreciate it. Let’s keep Delaware honest for all of the nation to see! We have to keep those in power in Delaware in check to restore Delaware’s credibility.Thank you for your continued input.JUDSON Bennett-Coastal Network
For those of you who run in loftier circles than I, and perhaps have an Ivy League education or a law degree, here’s a look at the TransPerfect Global case from a legal perspective. I have been shouting for years about the gravity and prevalence of legal “errors” and the repercussions for the Delaware economy, but here is a Law Review Article that will help lay out some of the many legal issues. Unfortunately, this is probably the first of many.
So again, for those thinking I was droning on about the Chancery Court destroying the American Dream for employees and business owners throughout the country with the TransPerfect case, without the proper background, please take a look at this Law Review Article.
As we climb back from our current crisis, and the carnage the Chancery Court (Andre Bouchard) and the Supreme Court (Leo Strine) did to our state, which plummeted Delaware down to #11 in incorporation confidence (after a 15-year run in first place), it is imperative that we understand the dangerous precedents and events that occurred around the $300 million TransPerfect fiasco.
To reverse the crisis our elites created, we must, at a minimum take steps to ensure this never happens to another successful American business again!
Stay tuned and see below. I’ve pulled some relevant and interesting quotes that focus on the Chancery Courts missteps from the Law Review piece:
“The Delaware Supreme Court erred in two respects. First, the court affirmed the Court of Chancery’s expansive reasoning with respect to the ‘irreparable harm’ requirement …and instead accepted the Court of Chancery’s proposition that irreparable harm may encompass things like severely diminished employee morale, client skepticism, and failure to benefit from proposed acquisitions. The court focused on this erroneous interpretation of irreparable harm expansively…”“Second, the court improperly affirmed the Court of Chancery’s grant of expansive custodial authority… the court accepted a custodial sale as the only means of appropriate relief without first implementing viable alternative remedies.”“Also highlighted in this Law Review: “it is unlikely that the Delaware General Assembly intended to permit the Court of Chancery to order the whole sale of a company to a third party.”
An especially relevant quote regarding Justice Valihura:
“In her dissent, Justice Valihura pointed to two main principles undermining the majority’s decision. In her analysis… Justice Valihura concluded that stockholders’personal property rights are not meant to be abridged by mere implication.”
Some of the relevant quotes that focus on the Delaware Supreme Courts missteps:
“In affirming the Court of Chancery’s decision, the Delaware SupremeCourt erred in two ways. First, the court affirmed the Court of Chancery’s incorrect reasoning with respect to the “irreparable harm” requirement of Section 226… It ignored longstanding jurisprudence requiring a demonstration of imminent insolvency or loss of revenue, and instead acceptedthe Court of Chancery’s expansive proposition that irreparable harm may be deemed to encompass severely diminished employee morale, client skepticism, and failure to benefit from proposed acquisitions.”“Second, the court improperly affirmed the Court of Chancery’s massive grant of custodial authority in that it did not consider less intrusive alternatives and ordered a sale despite shareholder objections—an unprecedented judicial act.”“The court summarily accepted a custodial sale as the only means of appropriate relief, without considering that its equitable power—though significantly broad—may have some limit.”
For anyone who truly doesn’t understand the ramifications of this case, please see this link:
http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3796&context=mlr
In Shawe v. Elting, 1 the Delaware Supreme Court held that the Court of Chancery properly exercised its equitable powers under Delaware’s custodian statute when, upon finding the presence of shareholder and director deadlock, it appointed a custodian to sell a massively profitable corporation to a third party.
Phillip Shawe and Elizabeth Elting were the co-founders, co-CEOs, and the only two directors of TransPerfect Global, Inc. The closely held corporation was structured such that Shawe and Elting behaved as fifty-fifty owners of the company. In the absence of a written agreement governing the rights of stockholders, the personal and business relationships between Shawe and Elting devolved into irresolvable dysfunction, and the parties were left with no intra-corporate recourse.
In the litigation that ensued, the Court of Chancery found that the deadlock between Shawe and Elting satisfied the threshold requirements of Section 226 of the Delaware General Corporation Law and appointed a custodian to force a sale of the multi-million dollar corporation to a third party, despite Shawe’s objections.
The Delaware Supreme Court affirmed the decision, holding that the custodian statute’s grant of power was broad enough to authorize the Court of Chancery to issue such a remedy. The Delaware Supreme Court erred in two respects. First, the court affirmed the Court of Chancery’s expansive reasoning with respect to the “irreparable harm” requirement of Section 226. In doing so, it ignored longstanding jurisprudence requiring a demonstration of imminent insolvency or loss of revenue to the corporation in question, and instead accepted the Court of Chancery’s proposition that irreparable harm may encompass things like severely diminished employee morale, client skepticism, and failure to benefit from proposed acquisitions.
The court focused on this erroneous interpretation of irreparable harm expansively, despite the fact that custodianship was warranted regardless under Section 226. This Note argues that this nonessential dictum seems to have been used to illustrate some degree of proportionality between the alleged harm to the corporation and the extremity of the remedy ordered. Second, the court improperly affirmed the Court of Chancery’s grant of expansive custodial authority. Section 226 jurisprudence indicates the reluctance with which Delaware courts have ordered the intrusive custodianship remedy, and emphasizes the principle that a custodian’s authority should be as narrowly tailored as possible.
The court accepted a custodial sale as the only means of appropriate relief without first implementing viable alternative remedies. Further, in holding as it did, the court failed to recognize that the language and prior application of Section 226 does not provide stockholders with notice that a remedy as drastic as a forced sale of their company might occur, absent their consent.
I would first like to thank my loyal readers for their continued and supportive feedback on my investigative journalism with respect to the TransPerfect case. It is a good feeling for this writer, having shed light on the many issues surrounding this amazing case over the past few years. I am very hopeful that the conversation will be steered toward future reforms that will prevent another successful company from ever having to go through the three-year government takeover that TransPerfect did.Simply the thought that I and my readership may have played a small role in protecting and restoring Delaware’s business reputation, which is the main-driver of our beloved state’s economy, is very satisfying. When it has to do with the government (and courts are part of the government), the public has a right to know, and is one of the main reasons I began reporting on controversial and political issues as far back as 1998, and my subscriber base is now over 6,000 strong.I’ll share some of your much-appreciated feedback in a future column. First though, justice prevailed in this case, for the employees — if indeed no one else. When I look back over the history of our country, I think back to when the US was originally created, when kings, or lords, could take property from one and grant it to another. The fight against that unbridled power is at the core of the Declaration of Independence. Our founders knew property rights were essential to freedom and prosperity.Not to sound too preachy folks, but that is what was at stake in the TransPerfect case. Americans didn’t like that lords could take something from one and give it to another. It’s why we fought the British in the American Revolutionary War and became an independent country. Americans don’t want “equity court judges” to wield that same power that the British once did over us.Delaware Court of Chancery Chancellor Andre Bouchard, orchestrated sanctions and merits, the likes of which have never been seen in American jurisprudence. So many unanswered questions here? Who benefitted? Few people understand what was really at stake in the Chancery decision to force a public sale of the company’s privately-owned shares — and now, unfortunately, this case has been cited as law along with 3 other cases nationwide involving corporation dissolution.Shawe prevailed as he won the bid to buy the whole company; yet he had to pay a large premium, massive legal fees, and court-ordered billings to the Custodian. Former co-CEO Elizabeth Elting also fell victim to her corrupt lawyers. Sources at the company say that the settlement price of Shawe’s offer to Elting in 2013, when you factor in a percentage of gross sales over the next 5 years, would have put her price where she is now. So she lost $150 million to attorney fees, as did Shawe. Over $300 million wasted by Delaware elites that could have been used to expand the company and create more jobs.In the end, for what? So many of our freedoms, that our founding-fathers intended, could be chipped away?? The Delaware governmental system has few checks and balances left, if indeed someone oversteps their power. This situation screams for serious reform! A system built on this type of adversarial process eventually ceases to work, when fear of the Chancellor, turns everyone into pals — cooperating and colluding, which is definitely the appearance of an impropriety by any reasonable standards. That is one of the important lessons I learned while following this case. It became obvious to me that we have a judicial system run by special-interest groups (like the Bar Association), which is too beholden to Bouchard, who is all-powerful, as he was appointed to a 12-year term. This situation screams for serious reform. Folks, your feedback is really appreciated and I urge you to send me your opinions or thoughts on the TransPerfect Case that rocked the nation’s business world and Delaware’s credibility.Thank you for your continued input.
Hoorah! After four-years, the TransPerfect legal battle has finally ended with co-founder Philip Shawe and his mother Shirley Shawe continuing to own and run this successful private company. After following every detail of this case, reading all available documents several times, and interviewing many employees, I feel I know what is right and wrong about this case.
First, let us celebrate what is right: Philip Shawe, the manager and 49% owner who built the business, and who EVERY witness in the case testified in favor of, prevailed in his bid. He now owns 99% of the company. Additionally and importantly, my fellow senior citizen, Shirley Shawe, who was never accused of anything in this case and was being unconstitutionally forced to sell her 1%, was able to maintain her stake (However, I understand that she did lose her control premium in the process).
I also understand the Shawes have pledged to keep the jobs where they are, and not offshore them. While there are many in Delaware who scoffed at my analysis, it was obviously correct that massive jobs were at risk, based on Bouchard’s decision to go to public auction, because the Custodian and the Court relied on this in their final rulings. Shawe was forced to bid against a private-equity backed competitor that would have cut or off-shored an estimated $50 million in U.S. jobs, according to my research.
Simply put, Shawe was made to compete on an uneven playing field for the shares he already owned, and not bid their market value (or even his former business partner’s value), but instead had to outbid HIG-Lionbridge, which is known for job-offshoring. Shawe was competing with a company that would have cut jobs, raised prices, and in the end, TransPerfect would have been devastated.
While the TransPerfect case never should have occurred, the bloated and outrageous expenses of nearly $300 million also should have never happened. This victory was righteous for Shawe, TransPerfect, and for thousands of employees worldwide. Delaware and the Chancery Court have been embarrassed by Bouchard’s method of operation, but ultimately, they got this case right. Could the same result have been achieved without years of litigation hanging over the company, and without hundreds of millions of unchecked dollars spent by court order?
That is a question generations of law students will ponder in the future, but not today. The many unanswered questions about this TransPerfect case, and who truly benefited, can be left for another day. Today let’s celebrate. I say to Chancellor Bouchard and Custodian Pincus, I do not agree with how you got there, but I do applaud the end result because the employees and their families are safe in the hands of the man who built the company, Philip Shawe.
Folks, read this industry trade article below from “Slator” which has devoted extensive coverage to this unprecedented decision throughout the case, and wraps up what everyone hopes is the final chapter clearly and concisely.
One of the most acrimonious boardroom battles in recent American corporate history is over. On May 3, 2018, the Delaware Supreme Court affirmed the Court of Chancery’s final judgment to approve the sale of TransPerfect to co-founder (and now sole) CEO Phil Shawe.
For years, Shawe had been fighting for control of the company with co-founder and former co-CEO Liz Elting. In June 2016 a court in Delaware, where TransPerfect is incorporated, ruled that the company was to be sold in an auction process.
As reported earlier, the process that began with 97 potential participants ran four bidding rounds and ended with H.I.G. Capital, Lionbridge’s owner, and Phil Shawe, virtually neck-and-neck.
Elting made an attempt to team up with private equity group Blackstone but failed to put together a competitive bid. Eventually, Robert Pincus, the custodian in charge of the sale process, went with Shawe’s USD 770m offer, citing five factors that tipped the balance in Shawe’s favor. Shawe is buying all of Elting’s shares for USD 385m in cash, yielding her about USD 287m in after-tax net proceeds.
In a May 3, 2018 email to TransPerfect staff obtained by Slator, Pincus called the Supreme Court’s decision the “last major step in the process” and expects the sale to close on May 7, 2018.
“Personally, I feel both pleased and vindicated to have won the auction and to now be in a position to ensure that TransPerfect’s successful business model will be maintained into the foreseeable future,” Shawe said in an email statement to Slator. “However, at this time, I simply want to thank the TransPerfect staff; it is our team who deserves profuse praise for driving the company’s unparalleled performance.”
TransPerfect’s performance throughout the saga was indeed impressive. The company’s revenues grew from USD 401m when the battle began in 2013 to USD 549m in 2016. Even more remarkably, the company managed to grow by another 12% to USD 614.8m in 2017, a year that saw mass departures amid the company’s executive ranks and precious management attention absorbed by the legal case.
TransPerfect can now claim the bragging rights of being the world’s largest language service provider by revenue as per the Slator Language Service Provider Index (LSPI) released on May 3, 2018.Upon completion of the sale, TransPerfect will be released from its current M&A restrictions and is expected to return to the acquisition trail.Slator reached out to a spokesperson for Liz Elting but is yet to receive a response as of press time.
Update: In a press release published on May 7, 2017, TransPerfect said revenues in the first quarter 2018 grew nearly 16% to USD 154m vs. the first quarter 2017. The company also announced it was going to resume M&A and pursue strategic mergers and acquisitions (the legal battle meant TransPerfect has not completed a major acquisition for over 4 years).
Just when we thought the amazing, legal saga of the TransPerfect Global case was over, the seemingly money-obsessed “woe-is-me” plaintiff, Elizabeth Elting is not only appealing Chancellor Bouchard’s recent 72 page decision to sell the company to Co-Founder Philip Shawe, but she has also started a new multi-million dollar lawsuit in Delaware’s Chancery Court. According to my sources at the company, instead of taking her $385 million dollar pay-day she was never entitled to in the first place, Elting and her attorney, Kevin Shannon of Potter Anderson, have chosen to bite the hand that has fed them millions, by accusing both the Chancellor and the Custodian of abusing their discretion. And why? Hold onto your seats… it’s for not selling TransPerfect to its largest competitor HIG-Lionbridge, which bid less, and which has a vast history of shipping U.S. jobs to China and India?!?
What’s most interesting here is, after winning practically every aspect of her case including a failed interim appeal to the Delaware Supreme Court by defendant Philip Shawe (Strine vs. Dershowitz I), Elting is now unhappy with the very result she clearly sought in the first place and is appealing Bouchard’s decision to the Delaware Supreme Court. Why? Well, it’s not because she didn’t get the auction she asked for, as she got everything she asked for, but it seems it’s because it was her partner and ex-fiance, Shawe, who bid the highest and won the auction. The twists and turns in this case are astonishing, yet true.
Please see the article below by Tom McParlan of “Delaware Business Court Insider.” McParlan also notes that it appears the watchful eyes of the legal and business communities worldwide will be robbed of Strine vs. Dershowitz II, as the Delaware Supreme Court may choose to decide this appeal without seeing the parties or their attorneys in court.
Interestingly, here’s what Chancellor Bouchard had to say in his decision: “Elting never put together a bid approaching what Shawe was willing to pay for the company,” he wrote last month. Bouchard also defended the auction result, “the Custodian deftly and firmly handled a challenging assignment to create a competitive dynamic that maximized the value of Elting’s shares while simultaneously preserving the Company as a going concern to the fullest extent possible.” He also refuted Kevin Shannon’s endless four-year fairytale that his client was, yet again, a victim, by saying “Elting forged her own path.”
Elting gets a boatload of money, the maximum possible, with no jobs lost as the company is being sold, yet she’s somehow unhappy with Bouchard’s decision. The employees were right all along to be worried about their jobs, but they are safe for now, or so it seems!
Even though she’s due to receive $385 million, she’s not happy with the auction result and the decision to affirm it, and now she appealed?! Huh?! She claims Custodian Pincus could have sold the company to HIG-Lionbridge and she could have made more shekels, while putting potentially thousands out of work. As much as I’m critic of the Chancellor, I give him credit for realizing Elting has used the court system enough already, pulling this ‘Delaware Gravy Train’ case feeding an entire ecosystem of lawyers and consultants into the station, and finally looking out for the 4,000 employees and their families.
According to Chancellor Bouchard, if he is affirmed, then Elizabeth Elting will receive $385 million ($287 million dollars after taxes), Shawe will get the company, and employees will enjoy job security for the first time in years. And yet, she objects?! Appeals?! AND starts a new lawsuit?! Custodian Pincus said that Shawe’s bid was highest, had the least strings attached, had the greatest chance to close, and was the safest for the employees. Boo-hoo Ms. Elting. Our heart bleeds for you now that you’ll have more money than you deserve !
Folks, the amount of money spent on this case is now approaching $250 million, it has blackened Delaware’s eye, and no purpose is served by continuing it other than paying a king’s ransom to army blood-sucking lawyers and consultants. For once, I find myself on the same side of an issue as Chancellor Bouchard, who emphatically wrote in his legal decision that he hopes, “all concerned can move on with their lives.”
Please read the article below from “Delaware Business Court Insider” by Tom McParland which explains in detail what is happening. As always your comments are welcome and appreciated.
The Delaware Supreme Court said Tuesday that it plans to reach a decision in April on Elizabeth Elting’s challenge to the Delaware Court of Chancery-ordered sale of TransPerfect to her rival on the company’s board.
By Tom McParland | Feb 28, 2018
The Delaware Supreme Court said Tuesday that it plans to reach a decision in April on Elizabeth Elting’s challenge to the Delaware Court of Chancery-ordered sale of TransPerfect to her rival on the company’s board.
In a two-page order, Chief Judge Leo E. Strine Jr. granted Elting’s motion to expedite her appeal, after Chancellor Andre G. Bouchard earlier this month approved the $770 million sale of the profitable translation-services company to co-founder and CEO Philip R. Shawe.
Fast-tracked briefing is scheduled to begin March 7, with a final decision expected the following month.
“The matter will be scheduled for decision by the court on the basis of the briefs on April 18, 2018,” Strine wrote.
Elting’s appeal could finally mark the end to nearly four years of tumultuous litigation over the company that Elting and Shawe launched from a college dorm room in 1992.
Elting prevailed in her bid to have the company sold amid intractable deadlock stemming from deep personal rifts between its two founders. But she was handed a bitter defeat on Feb. 15, when Bouchard approved a court-appointed custodian’s plan to sell her 50 percent stake to Shawe following a modified auction.
Elting had tried to unravel the agreement and force Robert B. Pincus, the custodian in charge of the sale, back to the negotiating table. She argued that Shawe’s conduct throughout the case had compromised Pincus’ impartiality and caused him to ignore a better offer from an outside party.
Bouchard, however, said there was no merit to the claims, and he noted the irony in Elting’s opposition to the result of an auction that she had requested in the first place.
“The undercurrent of her opposition reflects an apparent, deep-seated frustration with the fact that the winner of the auction was Shawe—who Elting has battled for years and who seems to engage in litigation as a way of life,” Bouchard wrote in a 70-page memorandum opinion.
“But Shawe also is the person Elting chose to go into business with when she formed the company and, as much as Elting might wish it were otherwise, Shawe was a core part of TransPerfect’s operative reality when Elting asked that the company be sold.”
According to the ruling, Elting is expected to receive $287 million in net proceeds after taxes in the deal.
Elting filed her appeal to the Supreme Court on Feb. 21.
Shawe did not oppose Elting’s request for expedited proceedings, but asked for an even shorter timeline, citing an already substantial delay between Pincus’ recommendation on Dec. 1 to Bouchard’s ruling more than two months later.
Shawe said there was still work to be done before the deal’s June 30 closing date, and he emphasized that the “continued uncertainty of this nearly four-year-old litigation is taking its toll on [TransPerfect], which needs to be relieved as soon as possible.”
On Tuesday, Strine accepted Elting’s proposed schedule, giving Shawe two weeks to answer her opening brief. Elting’s final round of briefing is due April 4, according to the order.
An attorney for Elting did not return a call seeking comment on Wednesday, and Shawe’s spokesman did not immediately provide comment on the appeal process.
The case, on appeal, is captioned Elting v. Shawe.
Whoops, not so fast Robert Pincus, the Bouchard-crony and former law partner who Delaware’s Chancellor Andre Bouchard appointed to be Custodian of this profitable company, TransPerfect Global — in the wake of erroneously forcing its sale to the highest bidder — may not work out as planned. A Georgia Court has ordered that an employee’s lawsuit — demanding that the company and Ms. Elting issue the shares he was promised — should move forward, and that TransPerfect Global should be added as a party in the lawsuit. If the company is forced to keep its promise, and issue his corporate stock share, this would give SVP Kevin Obarski not only the share he was promised in order to work, but also the power to break any log-jams from Bouchard’s alleged “deadlock”. Could this change the direction of TransPerfect’s future, and take it out of the hands of Bouchard’s cronies, and back into the hands of an employee who built it? Who is more deserving… the SVP of Sales, or Bouchard’s biking buddy, Robert Pincus, from Sadden Arps?Being one of the most heartfelt, born and raised, patriotic, former Lewes, Delaware men on this planet, it pains me to say this, but justice simply cannot be found in our state’s Chancery Court any longer. Thank goodness these people only control Delaware’s Chancery Court and it doesn’t bleed into any other states! The incestuous noose of corporate fleecing, irregular and biased rulings, and a plethora of what I and many others perceive as suspicious and improprietous activities by Delaware’s judicial Bonnie and Clyde (Bouchard and Strine) are indeed coming home to roost in this amazing case.The company is in disarray because the employees want no part of what they view as Bouchard’s and Pincus’s rigged auction toward Lionbridge — their largest competitor. Indeed, many TransPerfect employees have reported to me that the auction is a sham — and the only meetings the Custodian’s consultant, Joel Mostrom, even attends, are for the Lionbridge executives. Lionbridge is a well-known outsourcer of Amercian jobs, and I will personally call the President, the U.S. Attorney General, and the FBI if Bouchard’s profiteering cronies eliminate 4,000 jobs from this successful American company to line their own pockets.Conflicts of all kinds abound in this absurd case within and without, both past and present. The connections between the Judges, the Plaintiff’s lawyers, and the Custodian are so far reaching it boggles the mind. The apparent and seeming collusion between law firms in their legal representation of the parties, pirating of intellectual properties, ex-parte communications, paranoid and dictatorial rulings by the custodian, violation of civil rights, top executives resigning (one wrote in his letter of resignation a clear expose of Pincus’ possible nefarious activities) are raising eyebrows throughout the state of Delaware. The billing and ordered payment by Chancellor Bouchard of $25 million dollars in undocumented and unexplained fees from TransPerfect’s coffers by Pincus is unbelievable. It is incessant corruption in my opinion with Chancellor Andre Bouchard at the center of it all. I find it very interesting that both Pincus and Elting use the exact same phrasing when addressing the recent departures — they have a “deep bench” of talent… from Pincus’ quote in the “Crain’s New York” article, and Elting’s quote from the “Slator” article. This is clear evidence of collusion, if anymore was needed.Co-CEO Liz Elting emailed to Slator that “the recent departures of these few technology employees represent a very positive, not negative, development at TransPerfect, as I have long regarded each of them as underperformers. We have a deep bench of extremely talented and dedicated employees in our technology department who are more than capable of continuing to build on our success. There will now be more opportunities for each of them. In addition, we will soon be making some very exciting leadership announcements in our technology department, which will help take TransPerfect to a billion dollars in revenue and beyond.”Meanwhile Custodian Robert Pincus is going ahead with the sale. He said, according to “Slator”, in a phone call “the business is strong due to the strong entrepreneurial culture of the employees. We are supplementing and enhancing the management of the technology group in a manner that will help facilitate continuity pending the consummation of the sale. Efforts to confuse, delay, and deter the sales process have accelerated as we get closer to a culmination of the sale process.”Well folks there are now a bunch of legitimate flies in the ointment and these avaricious actors may not get what they want. Heck, some of them might even go to jail if what I suspect could be proven? Follow the money!Please see the article below, urge your legislators to stop these obscene, monetary commissions that Bouchard’s cronies stand to gain from “auctioning” off this company to its largest competitor, disgorge their ill-gotten fees, and save TransPerfect. Legislative investigations in both the Delaware House and Senate would be appropriate and are necessary. However, I won’t hold my breath.
EQUITY IN TRANSPERFECT IN DOUBT AS GEORGIA COURT RULES IN FAVOR OF TRANSPERFECT EMPLOYEE
Delaware custodian purportedly will still take bids for sale of TransPerfect even as court joins TransPerfect into the employee’s case for equity shares in the company. Employee contends his equity owed is the swing vote on alleged deadlock, and thus carries enormous value.
Dover, Delaware (November 6, 2017) – Georgia courts grant procedural ruling moving TransPerfect employee’s case for equity in the company forward. The plaintiff, Kevin Obarski, serves as Senior Vice President at TransPerfect’s Atlanta office where he negotiated and executed contracts for the company. Obarski was promised ownership in the company through equity shares for his success in building revenue. The Georgia court granted joinder, which will allow TransPerfect and Elting to be added as defendants in Obarski’s lawsuit against the company to acquire his promised shares.
The decision in favor of TransPerfect employee, Kevin Obarski, coincides with the due date for bidders to send their offers for TransPerfect to Delaware’s court-appointed custodian this week. The custodian is aware of the favorable ruling that adds doubt to the equity in TransPerfect, but there have been no signs of slowing the sale. “We continue to urge Delaware legislators to rein in the reckless actions of the court-appointed custodian. Pincus is charging forward even as state courts across the country shed doubt upon the basis of the Delaware court ruling,” said Miranda Wessinger, President of Citizens for a Pro-Business Delaware. “Other states have consistently ruled in favor of TransPerfect employees and against the volatile allegations of co-CEO Liz Elting. Citizens for a Pro-Business Delaware will not stop fighting for job security for more than 4,000 TransPerfect employees here in the United States.”
Citizens for a Pro-Business Delaware is a group made up of more than 2,200 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.
In my educated opinion, after over a year of intense research on the TransPerfect case, it is not only the very suspicious and biased decisions from Chancellor Bouchard of the Delaware Chancery Court at issue, but the highly unusual conduct of his Court-appointed Custodian, Skadden attorney Robert Pincus which, in my opinion, leads to the only logical conclusion that a conspiracy, based on greed and inbred corruption, is at work in Delaware. What a shame that the glorious reputation of our tiny, but first state of Delaware, will have it’s national reputation smeared and destroyed by a small group of selfish attorneys, judges and investment bankers.As the saying goes, when something feels so wrong, follow the money (please see this New York Court document): I spoke with several TransPerfect employees about why they left recently, and here’s a big reason that is not easy to explain: The auction they have been forced to participate in by Chancellor Bouchard, as a management team, as it turns out, is believed by many employees to be a sham. First, it is filled with conflicts of interest. TransPerfect’s main competitor, Lionbridge is a company with a deep history of eliminating U.S. and Western European jobs to send them offshore (TransPerfect has most of its jobs in America, Lionbridge has 6% of its jobs in the good-ole US of A). Lionbridge is owned by the private equity firm, HIG. Credit Suisse is the investment bank allegedly running a fair auction, but therein lies the rub. HIG also happens to be a client of BOTH Skadden Arps and Credit Suisse (CS). Is Bouchard’s apparent and possible Ponzi scheme starting to come into view for you now? It becomes clearer to me everyday. It’s like the Uranium One scandal, but on steroids — with U.S. jobs being the victim instead of our national security.Here’s my opinion: It gets shadier and shadier… Credit Suisse owns the risky Lionbridge debt, who as they say in the industry, was a “dog with fleas” and it seems the only way CS can get this risky debt paid back to them is by steering the fair auction away from Shawe, and toward their other client HIG. If HIG can buy out its biggest rival and eliminate the competition, “HIG-owned Lionbridge”, will be in a much better position to pay Credit Suisse back its debt; otherwise it cannot. Ahhh… but this onion still has more layers to be peeled. Equally disturbing is that the Custodian, Bob Pincus, works for Skadden; and Skadden (Bouchard and Judge Strine’s old firm) are attorneys for both CS and HIG!!! How can the Chancery let all these people that work together, seemingly scratch each others backs to get richer and richer. Only in Delaware folks, can such blatant and gregarious corruption be tolerated and allow to exist.Think about it: Why would the Custodian choose CS to run the auction when CS just months ago advised and raised money for HIG’s purchase of TransPerfect’s #1 competitor, Lionbridge?? It stinks to high heaven!!! Further, in my opinion, Bob Pincus and Skadden should immediately cease their role as Custodians, because, as attorneys to both Credit Suisse and HIG, they are anything but neutral; in fact, they owe CS and HIG a duty of undivided loyalty — so how can Skadden run a fair auction and pick a fair winner? I guess the answer is always the same…. only in Delaware.Let’s not forget that back in August of 2015, Chancellor Bouchard ordered the sale of a thriving profitable company for the first time in the history of Delaware to help Co-CEO Elizabeth Elting get a better price for her shares, indeed that the market was not willing to bear. Most importantly, he said that the sale should be conducted with the intention of maintaining the company as a going concern.Well Chancellor Bouchard, below is an article about all the defections at TransPerfect and the loss of the entire C-level suite and senior technology team, since you handed down your unprecedented order. Is this what you meant by keeping the company going- “as a going concern??” What you can’t tell from reading the public material that I will tell you from talking to the staff, is that no meetings are taken seriously or attended by Credit Suisse big wigs or by the Alvarez & Marsal consultants except for…? You guessed it, the HIG-Lionbridge meetings. The other meetings are attended only by CS neophytes. These employees are honorable, and they have fought to keep this company afloat while the custodian Bob Pincus, Skadden Arrps and his army of consultants looted over $25 million from TransPerfect with Skadden billing $1 million last month alone.The same employees who have continued to hold this great company together and raise the revenues every year for TransPerfect have been abused by the court and the custodian for sure. Only they know from attending the auction meetings that HIG-Lionbridge is the Chancery’s pre-determined winner — and the vast majority of them will get their jobs shipped overseas, thanks to the crooked Delaware court system — I don’t blame them at all for leaving on their own terms.I promised you folks, I would uncover the dirt, but I had no idea how deep this ditch would go. This plot is still thickening and I will keep digging until I find out what I suspect is the truth: I believe this whole thing is rigged: the $150 million no-witness trial, the unprecedented result and the “auction” remedy. I feel the money trail will lead straight back to the Delaware elite. I hope Bouchard and his cronies are listening and robes or not, no one gets a pass in my column. This is not the News Journal, where you can get coverage stopped with a well-placed phone call. I’m here for you, my readers, and this investigative journalist will not stop fighting until justice prevails.
by Florian Faes, Slator, October 25, 2017
More than three years of litigation about the future of TransPerfect is beginning to take its toll. Over the past two weeks, three senior TransPerfect technology executives have resigned, citing among other reasons the uncertainty created by the court-ordered forced sales process.
Chief Technology Officer (CTO), Mark Hagerty, left the company after more than 15 years with TransPerfect. Chief Information Officer, Yu-Kai Ng, who joined 12 years ago, left shortly thereafter. Keith Brazil, a senior member of Hagerty’s technology team, then resigned on October 23, 2017 after nearly 18 years with the company.
In his 6-page letter of resignation, obtained by Slator and addressed to Robert Pincus, the court-appointed custodian in charge of the TransPerfect sale, former CTO Hagerty explains that when he joined the company, TransPerfect “had no technology at all, it licensed Trados and SDLX and products from competitors.”
Hagerty says that he initiated the development of and initially personally coded TransPerfect’s translation management systems (TMS) GlobalLink Content Director and GlobalLink Project Director, which he says are “the cornerstone of the entire TransPerfect production operation.”
According to the letter, TransPerfect’s website proxy localization solution GlobalLink OneLink generated USD 31m in licensing revenue over the past six years. GlobalLink Project Director, meanwhile, generated USD 40m in licensing revenue over the same period. This would make it one of the top TMS globally if considered as a stand-alone product.
Hagerty expressed his frustration at Custodian Robert Pincus in detail. His reasons for leaving include concerns about the legality of transferring WordFast source code to an attorney at Pincus’ law firm Skadden, despite a letter of indemnity from Pincus. The future of Wordfast has emerged as a contentious issue in the sale process.
Hagerty also expressed anxiety over the release of his W-2 information in a data theft, which he alleged was due to the untrained accounting staff at Alvarez and Marsal, the firm appointed by Pincus to run TransPerfect’s accounting department. Hagerty also wondered why he had not received a pay rise for two years and questioned his future role in the company post sale.
Sale is Imminent
Slator reached out to Co-CEOs Phil Shawe and Liz Elting, as well as to custodian Robert Pincus for their comment on these departures.
Shawe said “Speaking personally, the senior technology team that decided to leave were tremendous assets to TransPerfect. If the court-appointed custodian would allow me to address the concerns that they expressed, I would be happy to attempt to re-open a dialogue in the spirit of retention. In any case, their contributions were tangibly responsible for our success in technology, and much of our success as a company. They will be sorely missed.”
Co-CEO Liz Elting emailed to Slator that “the recent departures of these few technology employees represent a very positive, not negative, development at TransPerfect, as I have long regarded each of them as underperformers. We have a deep bench of extremely talented and dedicated employees in our technology department who are more than capable of continuing to build on our success. There will now be more opportunities for each of them. In addition, we will soon be making some very exciting leadership announcements in our technology department, which will help take TransPerfect to a billion dollars in revenue and beyond.”
Meanwhile Custodian Robert Pincus is proceeding with the sale. He told Slator in a phone call that “the business is strong due to the strong entrepreneurial culture of the employees. We are supplementing and enhancing the management of the technology group in a manner that will help facilitate continuity pending the consummation of the sale. Efforts to confuse, delay, and deter the sales process have accelerated as we get closer to a culmination of the sale process.”
According to sources Slator has spoken to, the sale process has entered its final round and a winner will be selected in the next 30 to 60 days. However, before the closing either one of the Co-CEOs could still take further legal action and challenge how the sale process was run or how the winning bid was selected.
Please note new e-mail address, [email protected]
Please note new Twitter account, https://twitter.com/Judson_Bennett
Open to see all my articles on TransPerfect caseDelaware’s economy is in crisis. For over a year now, I have been screaming from the rooftops about a dangerous situation that could push this mess into a statewide economic abyss affecting every person in Delaware. This is of course, the result of Delaware’s Chancellor Andre Bouchard transforming our cherished and once revered institution, Delaware’s Chancery Court, into what I and countless others, now equate to a third-world Kangaroo Court, where decisions with massive implications for thousands of victims are made capriciously and arbitrarily. Indeed, with 4,000 employees and offices in 30 countries all affected, the damage to Delaware from Bouchard’s whimsical decisions in the TransPerfect case, has now come home to roost.Over 1/3 of Delaware’s income comes from companies choosing to incorporate here. Bouchard’s questionable, legal actions have contributed to Delaware’s drastic drop from #1 to #11 in a business confidence survey by the U.S. Chamber of Commerce. The catalyst for the downward spiral? You guessed it: “Judicial Impartiality of Courts” — Bouchard’s TransPerfect decision took us from #2 to #15 in this critical catagory, and no one is willing to take him on — except for yours truly. I will take him on until I see these TransPerfect families safe, and Delaware’s economy resurrected from this crisis.Famous constitutional scholar and law professor Alan Dershowitz has now come out with guns blazing on the right side of this issue. Before this, Dershowitz has been quoted publicly as saying: “Anyone who advises their client to incorporate in Delaware is tantamount to business malpractice.” Think it could not get any worse? Think again! See the article below released yesterday in Forbes! We’re not talking about the Delaware News Journal now, we’re talking national coverage of Delaware’s local disgrace.Court corruption is a problem as I see it. Another thing that spurs me to action is the apparent disregard by many establishment legislators to understand their job is to make laws that protect and help people and businesses that respect separation of powers, and provide for the checks and balances required by the Constitution. “Absolute power corrupts absolutely” and the Chancery Court’s Chief Chancellor, Andre Bouchard, is just too powerful and too rogue to be the answer for a state in an extreme economic crisis. SB-53, sponsored by Senator Colin Bonini, is part of the answer, and should have been passed in this last legislative session. Once this rigged auction process takes place, and these American jobs are lost forever, I predict the Delaware economy will be in irreparable ruin, as corporations cease incorporating here. Then, all these legislators can do is look back and say: “Sorry, we should have acted with the leadership our constituents expected, when they voted ‘us’ in as lawmakers.”Certain Republican Senators who should have been 100% behind Bonini are blinded by the illegitimate status quo in Delaware. These people are jaded beyond redemption, are without vision, and absolutely need to be replaced.
GUEST POST WRITTEN BYAlan M. DershowitzAlan M. Dershowitz is Felix Frankfurter Professor of Law, Emeritus, at Harvard Law School. He represents Shirley Shawe.Delaware’s sophisticated courts have made it a mecca for incorporation. But a recent ruling could set a dangerous precedent. (Photo credit: Shutterstock)American corporations count on securing justice in Delaware. Two-thirds of all publicly-traded U.S. companies, including more than 60% of the Fortune 500, are incorporated in the First State. Delaware’s famously sophisticated courts are prized for giving corporations and their shareholders maximum flexibility and predictability.However, a recent ruling by the Delaware Chancery Court, upheld on appeal by the Delaware Supreme Court, could set a new and dangerously disruptive precedent that corporate America ought to view with concern. Bear in mind that Delaware decisions have worldwide implications, as well, since nearly all major U.S.-based corporations sell products, run offices and employ people internationally.For the first time ever, the Court of Chancery, the no-jury “business court,” has ordered the forced sale of a privately-held, thriving corporation over the strenuous objections of shareholders who own half of the company.The company in question is TransPerfect Global (TPG), parent of the world’s second largest provider of translation and related technical services, with 2016 revenues of $545 million and pretax profits of approximately $80 million.Philip Shawe and Elizabeth Elting co-founded the business in 1992 when, both in their 20s, they were romantically involved and shared a dorm room at New York University’s Stern School of Business. Working as co-CEOs, they built TransPerfect into an enterprise with 4,000 full-time employees and a network of more than 20,000 translators, editors and proofreaders working in 170 languages.Ms. Elting owns 50% of TPG’s 100 shares. Mr. Shawe owns 49 shares and his mother, Shirley Shawe, owns one share. Unfortunately, the co-founders now no longer get along. Their disagreement over the TransPerfect business is what landed them in Delaware Chancery Court, which has not solved the problem, but exacerbated it. Delaware’s mishandling of the case has cost the company more than $150 million in court costs and litigation expenses and mounting. Remarkably, through these three years of legal turmoil, TransPerfect has continued to set new records for sales and earnings. The company has logged an astonishing 97 consecutive quarters of profitability and 25 straight years of growth.I was retained by Shirley Shawe to argue that this forced sale is an unconstitutional “taking” of private property for a non-public purpose.In the meantime, the Delaware court cannot seem to wait until the case is finally decided – it is currently in federal court and on its way to the U.S. Supreme Court. Under the court-appointed custodian, auction bids have already been solicited and submitted. Notwithstanding employee protests and outrage, the custodian has plowed ahead, hoping to render the result a fait accompli, without regard to new circumstances and new opportunities to resolve the case. The forced sale is a death sentence on a thriving company; we are seeking a stay of execution.I will save most of our constitutional points for the courtroom. I note only that neither court could point to any public purpose that would result from the forced sale of a vibrantly successful company. Property takings, to pass constitutional muster, must serve a public good. Delaware’s unprecedented actions in the TransPerfect case do not even make a gesture in that direction.The court ruled instead that the Shawes and Ms. Elting were “hopelessly deadlocked”; if the current situation were allowed to continue, it would jeopardize the viability of the company. This, despite the company’s impressive record of achieving 97 consecutive quarters of profitable growth – a trend that would likely continue in the absence of the court ordered sale.The Chancery Court’s articulated twin goals – to “protect TransPerfect’s employees” and “to provide maximum return to the stockholders” – are at odds with its rulings. The company runs on a zero-debt basis and reinvests most of its profits in the business. This is a formula for growth, job creation, and innovation, though not for maximizing shareholder value in the short term. An auction winner – most probably a private equity firm – would be unlikely to take the same approach. Its goal would be to cash out within a few years rather than continue building something over decades. Its ability to outbid the Shawes would rely on cutting costs by sending American jobs offshore.TransPerfect’s clean balance sheet is a perfect launching pad for a leveraged buyout (LBO), in which the investor puts down as little as possible of the purchase price and borrows the rest. The way to cover the resulting debt service is to slash payroll and benefits by replacing as many of the 2,300 salaried America jobs as possible with workers in low-cost foreign locations. This would erode the company’s reputation and competitive position over time. But in the Wall Street LBO universe, the goal of private equity firms is to manage the business in order to “flip” it in a few years so as to maximize short-term profits.Mr. Shawe has proposed two common-sense ways of ending the dispute while preserving the long-term interests of employees and the company: He and his mother have put forward a settlement offer of $300 million for their 50 percent stake and given Ms. Elting the option to either buy the Shawes’ shares or sell them hers at that price. Ms. Elting rejected the offer.More recently, Mr. Shawe turned the offer around, suggesting that Ms. Elting name her price and let Mr. Shawe decide whether to buy or sell. Ms. Elting has not responded to that offer. Mr. Shawe’s buy/sell option is simple, transparent, and fair. Alas, Delaware thinks it knows better. If Ms. Elting wants to cash out, the Chancery Court has said “it would be unjust to leave [her] with no recourse but to sell her 50-percent interest” to the Shawes. Forcing the Shawes into an auction, the court concluded, is the only way to provide Ms. Elting with “a fair price for her shares.”That fair price, in the court’s view, is one based on selling the entire company, with a premium for control that wouldn’t be there if only 50 percent were on the market. Ms. Elting never negotiated for that premium and isn’t entitled to it. What comes through in the Chancery Court’s order and the Delaware Supreme Court’s decision upholding it is that a maximum return for one shareholder trumps other shareholders’ private property rights, regardless of the ultimate implications for the corporation and its employees.The ruling in Shawe v. Elting leaves a huge question mark over Delaware’s supremacy as America’s capital of incorporation. Unless this situation is remedied by legislation, corporations will have to think twice about where they should incorporate, if they want predictability, fairness and justice. Alan M. Dershowitz is Felix Frankfurter Professor of Law, Emeritus, at Harvard Law School and represents Shirley Shawe in this case. Follow Dershowitz on Twitter@AlanDersh and on Facebook @AlanMDershowitz.Please note new e-mail address, [email protected]Please note new Twitter account, https://twitter.com/Judson_Bennett
It is upsetting for me to watch what I view as one of America’s greatest business success stories, TransPerfect Global, a Delaware corporation, crumble under the Chancery Court’s apparent improprieties, which have made this once esteemed institution now appear suspect. It is truly inequitable as the actions by this court have filled the pockets of Skadden Arps and the court’s other “consultant” friends, while TransPerfect employees lose raises and bonuses, as this great company suffers. Chancellor Bouchard, I hope you and your cohorts enjoy all the money you seem to be plundering from this 25-year-old company… started in a NYU dorm room and now being picked apart by a careless custodian all with your approval. Know that when you try to fall asleep at night, is it not only the TransPerfect employees’ lives you are destroying, but Delaware’s business reputation, Delaware’s jobs, and in turn, Delaware’s economy. I’m shaking my head as I write this. What you have done is grotesque by any reasonable legal, business standards.
Please see below… the resignation letter of the company’s CTO, Mark Hagerty. He cites Custodian Robert Pincus’ corruption, and how Pincus forced him to make a pirated copy of the Wordfast software (see my last article). The letter reported by Doug Rainey on “Delaware Business Now”, appears in full below. According to the CTO’s affidavit and testimony, from what I can see, Elting’s allegations and Bouchard’s conclusions are completely false. Also, it looks like this guy is clearly a heavy-hitter in the technology world, having worked for Larry Ellison at Oracle, and the founders of Abode as well. Read his letter and feel his frustration, and his venom towards this court-corruption. It leaps out at you. With what’s happening to TransPerfect and now Wordfast (which was not even a part of the trial!), it is a joke to think Amazon or any other technology company would want to incorporate in Delaware, much less put their second headquarters in our great state! Thank you, Chancellor Andre Bouchard. What you are doing is truly despicable.
The company is currently in a sales “auction” process, run by Custodian Pincus. From my perspective, folks the whole thing looks like a rigged money-making machine for Credit Suisse, Alvarez and Marsal, Skadden Arps and other “consultants” who are friends of the court — and their “other client” HIG (who owns TransPerfect’s #1 competitor, Lionbridge)?
For proof of conflict and impropriety, see this quote: “Robert Pincus, an attorney appointed by the Delaware Court to sell TransPerfect, said “business remains ‘very strong’ and the 4,000-employee firm has ‘a deep bench of talent’.” But he then added, “that more executive departures might loom, which could make TransPerfect less attractive to a potential buyer and drive down its sale price.” – Crains New York Business Magazine.
What receiver or custodian or seller of any business, in their proper mind, would make these kind of comments to the press?
By his own astonishing admission, Pincus looks to be violating the courts (ill-conceived) mandate and stating that his own idea of running an expensive auction will not “maximize shareholder value”… so why is he doing it then?? To maximize his own value??
You have heard me try to fight through my articles, what I view as clear, judicial corruption within the State of Delaware from the outside as an educated and informed observer for over a year, but now I urge my readers to please read carefully the letter below and see how it feels from the inside, when it affects someone’s job and his family! Scary and heart-breaking. I again call upon our elected officials to make changes in the law that will prevent future arbitrary and capricious actions by arrogant and rogue judges who think they can legislate from the bench.
RESIGNATION LETTER OF FORMER TRANSPERFECT CTO, MARK HAGERTY
Dear Mr. Pincus,
By this letter, I officially tender my resignation as Chief Technology Officer of TransPerfect, effective immediately.
I am submitting this letter to you because it is my understanding that you are for all intents and purposes in control of the company. As the Delaware Court of Chancery appointed Custodian for TransPerfect Global, Inc. for over two years now, you have been, and continue to be, in a unique position of power over the employees at TransPerfect. You control the future of the company by virtue of the power the Court has bestowed upon you and your ability to vote on company issues as a member of the Board of Directors. While my tenure at TransPerfect has come to an end, it is my sincere hope that by stating the reasons for my resignation in this letter you will consider the impact your decisions have on employees of TransPerfect and ultimately on the value of the enterprise itself.
What I have witnessed firsthand during these past two years is that you do not value, and do not care about, the employees of TransPerfect. I thought you were supposed to be a neutral third party appointed to the board of directors to make decisions that were in the best interests of TransPerfect during this ongoing court ordered process. I thought that being a Custodian for TransPerfect meant caring about its employees, who are the ones that have made it into the success it is today, and who are the lifeblood of the company. Without the tireless dedication of the employees, TransPerfect would not be what it is today, and they all deserve to be treated with respect and motivated to continue to grow the company.
I know how important the employees are, and how much they have contributed to the growth of TransPerfect because I have been a loyal employee for over 14 years, witnessing it firsthand. When I joined TransPerfect the company had no technology at all, it licensed Trados and SDLX and products from competitors. TransPerfect was unable to even get to the table for large enterprise sales deals that involved technology because they had none, zero technology.
Starting with GlobalLink Content Director (which I personally coded and supported and extended for clients like Avis and Dollar/Thrifty), I created the architecture of TransPerfect’s technology products and have hired, trained, mentored, and led an incredible technology team that is now the industry leader. I created the initial GlobalLink Project Director product with a small development team for the Yahoo/FIFA World Cup in 2006. In addition to currently being the technology leader in the space with major enterprise customers like HPE and Dell/EMC, GlobalLink Project Director is now the cornerstone of the entire TransPerfect production operation, translating billions of words per year for our clients, improving gross margins for our internal production centers, reducing employee turnover and improving the quality of life for our project managers by eliminating manual tasks and increasing efficiencies. I am responsible for GlobalLink OneLink, our website translation proxy product, brought to market in just one year by creating the architecture and code for the first version with a talented senior software developer who I recruited and convinced to join the company because I knew he could deliver.
The list goes on, but you should already know about all of our great technology products, created during my 14 years as CTO, during your preparation to sell the company. So far in 2017 our GlobalLink branded technology products, which I am responsible for creating and evolving over the past 14 years, are directly responsible for roughly 35% of TransPerfect revenue, and even for customers that do not license our technology, our internal production teams at TransPerfect use GlobalLink Project Director and the suite of products for over 90% of all translation jobs that the company delivers. In the last 6 years, one such product, GlobalLink OneLink, alone has brought in $31 Million dollars in technology licensing revenue, and over $107 Million dollars in total revenue including services, while GlobalLink Project Director has brought in $40 Million dollars in technology licensing revenue and over $311 Million dollars in total revenue including services. That is well over $400 Million in revenue directly related to these two GlobalLink products in just the last 6 years. Our year over year growth for technology and services through three quarters from 2016 to 2017 is over 40%.
Clearly as CTO who is responsible for these technologies, one would think I would be congratulated and rewarded for this kind of success. Then I look at my paycheck and my compensation has not changed in 2 years. I make the same salary today that I was making in 2015. Mr. Pincus, you are on the board of directors, the board controls my compensation. You are responsible for this unfair treatment of me. Have you been able to force TransPerfect to pay you whatever you want, increase your hourly rate, and hire as many other Skadden lawyers to enrich your firm and your pockets? Is it really fair and just that Skadden makes millions of dollars annually from TransPerfect, and I don’t get a raise for two years when I am responsible for generating 35% of the revenue and profits that are used to pay you and your firm and the firms you hire to assist you?
Money, Greed, Power, Arrogance: these things corrupt people, have they corrupted you?
I have dedicated the last 14 years of my life to TransPerfect. I am directly responsible for hundreds of millions of dollars in revenue. I am responsible for millions upon millions of dollars in profits over the years that went directly to Liz Elting and Phil Shawe as shareholders. By creating the technology platform that increased the value of TransPerfect by hundreds of millions of dollars, I have delivered in my role as CTO. Who is going to profit from all of my hard work besides the owners of TransPerfect? Robert Pincus will profit. Skadden, Arps, Slate, Meagher & Flom will profit. Credit Suisse will profit. Joel Mostrom will profit. Alvarez and Marsal will profit. EY will profit. Every firm you hire to assist you will profit. But there is no recognition of my contributions to the value of the company, and there is no upside for me.
In fact, the only possible upside for the TransPerfect success that I, Mark Hagerty, ever had was Phantom Stock. The Phantom Stock program was created at my urging to Phil Shawe for the company to give some upside to employees as the company grew, since as a private company there was no opportunity for real equity for employees. There was always the hope that as the company grew and continued to be profitable the Phantom stock would be worth something significant. In fact the Phantom Stock price had been increasing every quarter, every year, along with the company success.
But then, it began to decline after you became Custodian. How is that possible? Company revenues have continued to increase every quarter, one would expect the Phantom Stock price would go up too.
But there was always a profit component to the formula for Phantom stock, and the millions of dollars in money spent by yourself as Custodian on Skadden and Alvarez and Marsal and others you hired, devalued the Phantom Stock, driving the price down even as the company grew.
I wonder, when you and your investment bankers calculate EBITDA for TransPerfect for the sale, I bet you exclude all of these legal costs and other millions of dollars of costs from that calculation, right? You probably say it is a one-time extraordinary expense that will not exist after the sale, so you exclude that from the calculations, right? That helps you sell the company at a higher valuation, right?
But, for the Phantom Stock calculation, did you apply that same reasoning? No. Did you care about the value of the Phantom Stock to the employees? No. When I cashed in my Phantom Stock, the payout was far less than expected because of this. I lost a lot of real money as my Phantom Stock declined in value, the only possible upside in the company that I ever had, as a direct result of you and your law firm billing TransPerfect for millions of dollars in fees. You had the power to amend the Phantom Stock plan to keep your extraordinary fees from depriving TransPerfect employees of the true value of their labor. But you didn’t. How is that fair to me? How is that fair to the other TransPerfect employees that actually contributed to the incredible growth in the value of TransPerfect as a company?
On the topic of being fair to employees, I have attached an email I sent you back in February of 2016 regarding employee health benefits. TransPerfect CUT employee health benefits in 2016 compared to what they were in 2015. You had a choice, you could have done the morally right thing and kept benefits the same, you had the power. You could have shown that you do care about the TransPerfect employees. It was a tiny amount of money, nothing compared to what you make annually and the millions of TransPerfect dollars that goes to your Skadden law firm and the firms and consultants you hire. But you chose to cut employee benefits because that meant spending a few TransPerfect dollars on actual TransPerfect employees. If you are so convinced cutting employee benefits is a good decision, have recommended to your own Skadden law firm that they should cut employee benefits too?
Shortly after you became Custodian, on Dec 1, 2015, I emailed you directly about another employee related issue. I asked you to please resolve the Yu-Kai Ng employee situation, regarding the unfair treatment regarding his pay. As Custodian you had the power to do the right thing and solve that issue quickly and easily with very little cost to TransPerfect. Instead you chose to spend TransPerfect money. You hired an investigator to write a report (how much did that cost?) that was, in my opinion, completely flawed. The investigation was flawed because the investigator never bothered to speak with me, Mr. Ng’s immediate supervisor, at all during the investigation. Wouldn’t any competent investigator seeking the truth have at least taken an hour of his time to interview Yu-Kai’s boss and get clarification on the situation. By not resolving the issue, you forced Yu-Kai to sue TransPerfect, causing him unnecessary stress and duress by having to sue his employer to receive his proper back pay and future pay. No employee wants to have to go through the hassle of hiring an employment lawyer and suing his own employer. You forced a situation that went on for many months and required mediation to settle. How much TransPerfect money did you waste to settle that case when you could have solved it by paying him fairly what he was due and spending nothing extra? How much money did Skadden and other firms you hired bill TransPerfect related to settling the Yu-Kai lawsuit? If you had just been unbiased and fair and focused on your duties as Custodian, TransPerfect would have saved a lot of money. I would venture to guess that the total money spent on lawyers and investigators exceeded what Yu-Kai was owed. Who profited from that? Not Yu-Kai. Not TransPerfect. Only lawyers and investigators. How many other employee related lawsuits have you directly caused by your decisions on
the board?
Continuing on the topic of how you choose to treat TransPerfect employees, and how you do not value their contributions to the company, I received an email from Carol Chuang in HR on September 5th where I was informed Keith Brazil’s title promotion to Senior Vice President was rescinded. I had subsequent follow up with her and her response on September 14th where she says the board “specifically also discussed his promotion and voted to rescind it.” As the controlling vote on the Board of Directors, that means you had the power to decide on this issue. This is such a petty issue, has no bearing on the sale of the company whatsoever, and the only goal of voting to take away a deserved title promotion from Keith Brazil is to send a clear message that the Board does not care about the employees. It is clear from the email thread that Keith was promoted before any new rules were put in place regarding titles. Also, the Board did not even bother to ask me, his manager, to actually give the reasons for his promotion, which would have clearly illustrated why he clearly deserved it. The bottom line is you decided to embarrass a critical technology employee, someone who has been with the company even longer than me and who has had a huge impact on the success of our technology.
There is no valid reason for you voting to strip his title, but the message was clear to this and other hardworking employees: you are in charge and they don’t matter at all. We are talking about a title, not money. If you sent out a poll to all of the employees in the company and asked them if Keith deserved to be promoted to Senior Vice President, I am certain the vote would be overwhelming in favor of his new title. Everyone on his team, everyone in Sales, everyone in Production would agree he deserves it.
But somehow, the all powerful Mr. Pincus gets to decide and chooses to rescind his title instead of affirming it. What effort did you even take to find out if he deserved it? I know the answer, since you never asked me about it …. None. I believe you are aware that the social security numbers, home addresses and annual salary information of TransPerfect employees were handed over to criminals who specialize in identity theft.
As a result, I and every other TransPerfect employee have to lose sleep worrying about someone possibly stealing our identity, filing false tax returns on our behalf, or raiding our social security benefits in the future. I personally had my IRS refund delayed for 4 months because I had to schedule an in person meeting to prove my identity before I could get my refund. These are hassles and stresses I don’t enjoy that I have to worry about forever, for the rest of my life, just like every other U.S. TransPerfect employee. Why? It is my understanding that after your hand-picked head of Accounting, Joel Mostrom of Alvarez and Marsal took over the department, someone under him responded to an obvious phishing scheme and sent out all of the company W-2s with employee names, addresses, and social security numbers to someone that specializes in identity theft. That person must have been untrained for the job they were doing, because anyone with any knowledge of privacy laws and anyone that understands anything about keeping social security numbers confidential would never have replied to that email even if it came from Liz Elting herself rather than an impersonator. There is no reason to ever send all of the Social Security numbers of the employees to Liz Elting or anyone that might ask for them. If a CEO or Board member asks for employee compensation information, that can be supplied without giving out the actual W-2s and comprising employee social security numbers. By hiring Mr. Mostrom, by extension you caused this breach that impacts me and every TransPerfect U.S. employee now every day for the rest of our lives.
Throughout this sale process over the last two years, I have continued to keep my head down, tried to ignore the noise and just do my job. By any fair evaluation, I have done an exceptional job, improving our technology products, increasing our reputation as the leader in technology in the translation space, increasing our customer base, and growing our revenues with remarkable growth over the last 2 years. During 2017 I have been asked to provide lots of information and I have done everything asked of me. You hired EY to prepare a report on the company to give to prospective buyers. I provided information to EY whenever they asked for it, spending considerable time to give them very detailed spreadsheets and information. I met in person with EY when they asked for it and answered all of their questions. I fully cooperated with them. The same goes for Joel Mostrom every time he asked me for information. I participated in phone calls with Joel, and even with you, whenever I was asked. I answered every question asked of me. The same goes for Adam Mimeles, TransPerfect’s corporate attorney, whenever he asked for anything related to due diligence for the sale, I have provided it, in detail.
The only time I hesitated for even one minute was when James Pak of Skadden asked me about Wordfast source code. On Wednesday, August 9th, James sent me an email asking for a conference call. I immediately replied that I could do it the following day, Thursday, August 10th and asked him what he wanted to talk about, so that I could be prepared. When he replied that it was about Wordfast source code, I was very concerned. I had provided Wordfast employee, cost, and product information to EY for their technology report. When they finalized their report, they had removed Wordfast as a category. I was told that was because Wordfast was not part of the sale. I later had a call with you and Joel Mostrom where you asked me what other CAT tools TransPerfect owned (I mentioned Alchemy Catalyst) and what it would take to replace Wordfast after the sale. These interactions made it clear to me that Wordfast was not owned by TransPerfect and not included in the sale. That was made clear to me by you, EY, and Joel.
When Mr. Pak asked me to discuss Wordfast source code, I reasonably felt very uneasy because I did not want to be exposed to liability for discussing third party proprietary information, such as source code, related to Wordfast. On Thursday I told Mr. Pak I couldn’t do the phone call until this issue was resolved. It then took until the end of the day on Friday, August 11th before I received a letter from you, Mr. Pincus, granting me indemnity related to Wordfast. Over the weekend and on Monday I was on a scheduled vacation in Maine with my family hiking, and Tuesday I was driving back to Boston from Maine and flying back from Boston to San Jose, CA so that I could be back in the office on Wednesday. I had an out-of-office message indicating that I could be reached on my cell phone in the case of an emergency. When I returned to the office I immediately emailed Mr. Pak and set up a call with him that morning. I spoke with him and answered all of his questions and educated him about our products and the source code. It was only after I had spoken to Mr. Pak that I saw the letters Skadden had sent to my attorney threatening Board action against me. I was actually shocked by that when I found out, but then I realized it was in line with the standard bullying and intimidation tactics that you and your Skadden firm use in dealing with TransPerfect employees. I immediately called up Mr. Pak and asked him to apologize to me personally, as I had been fully corporative and my vacation was planned months in advance. I pointed out to him that he could have just called my cell phone on Monday if it really was so urgent, and such an emergency that it caused Skadden to threaten my job for being on vacation for 2 days. He said my cell phone was not in my out-of-office message so he couldn’t call me. I never put my cell number in my OOO messages because that message goes to every person that emails me, and I don’t want to give out my personal cell phone number to every person that sends me spam or any external person that emails me. It is really quite astonishing to me that Mr. Pak could spend the time to write threatening letters but couldn’t take the time to contact someone inside of TransPerfect and ask for my cell number. It is not a secret to anyone in the company, my cell phone number is available in outlook and in the company directory. I was actually suprised that Mr. Pak refused to apologize after he fully understood everything. He was quite nasty about it and simply said, “You will NEVER get an apology from Skadden!” I know I did nothing wrong, I was just being cautious and trying to not get in any future legal trouble, and I was fully available if Mr. Pak had just even attempted to reach me on my cell, which he did not.
I then proceeded to actually find a way to give him access to the source code in the most secure and quickest way possible. I personally set up a virtual machine in AWS and secured access to it and granted him access right away. It then took Mr. Pak multiple days just to provide the proper forms for the IT department so that access could be given to another Skadden lawyer and two experts hired by Skadden. If everything was so urgent, I don’t know why it took so long for that to happen. Delays caused by Mr. Pak and Skadden don’t seem to matter, but if I am on vacation for 2 days that requires me to be threatened by Board action (a Board which you control and hold all of the power as the deciding vote Mr. Pincus). All of this once again proves to me how much Skadden is biased against me, even though I have been totally cooperative.
Despite how Mr. Pak had treated me, I continued to do everything he asked of me. I got on conference calls with him and his experts. I set up a call with Chris Cowperthwait when Mr. Pak asked for that, keeping it a secret what the call was about, because that is what Mr. Pak asked me to do. I sent email to Jean-Philippe Odent when he asked for that. I answered every question he asked of me. Despite my complete cooperation with Mr. Pak, he remained totally condescending and rude to me when he directed me in email to transmit the source code electronically to him on Sept 19th. I even forwarded the email to Adam Mimeles to get his opinion and his response was “I am also troubled by James’ tone in the other email”. Even with the poor, unprofessional treatment of me by Mr. Pak and Skadden, I personally copied the files onto a secure drive, working late into the night, and hand-delivered them to Mr. Pak in his office instead of delivering it to him in an insecure way (he originally requested insecure unencrypted ftp). I still don’t feel right about being forced to give over Wordfast source code, and I hope I don’t get sued for delivering a copy of it to Skadden and your experts.
I am still totally unclear why Mr. Pak and Skadden had to hire TWO experts to look at the code, neither of which ever asked me even one question about the source code over the course of the past two months. When we had a patent litigation trial, we only needed to hire one expert. The other side only hired one expert. Why Skadden had to pay two experts, spending more TransPerfect money, is beyond me. But I guess when you are not spending your own money it doesn’t matter, just spend, spend, spend.
I had trouble sleeping all weekend long. I kept thinking about the conference call I was asked to participate in on Friday by Credit Suisse with Citi financing bankers. This was the very first call I was asked to participate in related to the sale of the company. I answered all of their technology questions, I explained some of the culture of the company and the growth potential for the future. I gave them my background and how we have grown technology over the past 14 years. At the end of the call I felt really good about myself – reflecting on my fourteen years as CTO I felt that I really have done a lot of great things for TransPerfect. I was proud of what we have built here, and my contributions to TransPerfect.
Then, as the weekend went on, I kept thinking about this being the very first time I have been asked to talk at all to anyone during the sale process. I have clearly been purposely excluded from every other call. I have been given zero indication that I might have a future with the company post-sale, quite the opposite. When the sale process started, I was informed that TransPerfect management would have a seat at the table. There was hope that the senior management of TransPerfect would be able to participate and submit a bid and be a part of the process. Then that promise went unfulfilled.
Senior management does not support a sale to H.I.G., and wanted a chance to compete for company ownership. Our senior management team was told “NO”: you cannot submit a bid, you cannot participate in the process, you have no chance. You, with your actions, have made it abundantly clear that I have no future with the company post-sale, and in fact you don’t really care about the future of the employees of TransPerfect at all. Once you sell the company, you cash out, go back to your wealthy law firm, enriched with unchecked TransPerfect fees, and wait for the Court of Chancery to give you the next opportunity to bill millions of dollars in fees with no accountability and unlimited power.
I, on the other hand, will be out of a job with zero compensation beyond my past salary for the hundreds of millions of dollars in value I created for TransPerfect over the last 14 years of my life. So I thought about that all weekend long and came to the conclusion that I am not going to keep coming to work every day continuing to create value for TransPerfect, just waiting for the day the company gets sold to a competitor and I am out of a job. I just got back from the third annual GlobalLink Next conference in Chicago. It was so uplifting to hear our customers talk about how happy they are that they chose GlobalLink technology, how great TransPerfect is to partner with, how we solve their
problems and how our technology is so much better than the competitors in our space. They know this firsthand because many of them switched from a competitor solution to GlobalLink and sing the praises of the GlobalLink technology. I love our customers. I love the technology I have created here. I love my senior technology team, many of whom have been working for and with me for ten years or more. I love our senior management team. Fourteen years I have been working to build something great, working tirelessly, with so much pride and dedication in my work that I never use up my annual vacation days and thus max out and lose vacation days every year. That has kept me here through all the turmoil, and I have kept my team together through it all. But my contributions are clearly not valued, as evidenced by the lack of a raise in 2 years, and everything else I have outlined in this letter. I just kept asking myself all weekend, “I have no future here, so why am I still here?”
This resignation letter is the answer to that question.
Sincerely,
Mark Hagerty, Former CTO of TransPerfect Translations International, Inc.
The TransPerfect saga has just taken a new twist, as the original plaintiff Elizabeth Elting, who through nefarious cronyism, which included her lawyer and the Delaware Chancellor, in the most controversial and biased corporate case in US history, was able to prevail, unjustly in my opinion, in the Delaware Courts (Chancery and Delaware Supreme Court). However, in New York where equity, justice, and the law are still alive and breathing, there is a different story brewing. Apparently when falsehoods are instituted in a court of law and damage is done to the harmed recipient (in this case Philip Shawe); and when it appears the Delaware Chancery case (where Elting had no witnesses) rested on Elting’s attorneys repeating these lies, fraud, and fallacious accusations as evidence has now been decided wrongly, you just can’t say, “Whoops, we now withdraw these offensive claims in the interest of judicial expediency!” As a matter of interest, I was told by an attorney friend, if Elting’s lawyers were aware of the falsehood of these filed claims, they could be disbarred. Indeed the stench I have smelled from the beginning is not emanating only from Bouchard, but also from the Elting camp, and her lawyers might have stepped in it in New York!
From my view, it also appears that Elizabeth Elting’s mental history could now come into question and be public record for all to see, considering her probable, false claims of emotional distress. Objectively, this writer and investigative reporter has to consider Elting’s claims and method of operation as to her unfounded attacks on Philip Shawe, her unreasonable positions, her refusal to settle amicably, and her captured-on-tape misrepresentations to the Delaware Courts and the New York Court as reprehensible. One must ask why has Chancellor Bouchard and his Custodian, Robert Pincus from the law firm of Skadden Arps, become an accomplice in her witness-less case? When something makes no sense, one must follow the dollars, and in this case, my opinion is that the money-trail will go all the way to the tailpipe of Bouchard’s Bentley!
In my view, If indeed justice is served, Philip Shawe should be vindicated and the Delaware decision will eventually be reversed and corrected. Her attorney makes malicious accusations, that in my opinion, a judge could only believe if he were in cahoots, and boom: The damage is done. Now that Bouchard relied on all those false stories, and in New York, she’s basically saying: “Well, I didn’t mean it, I can’t prove any of it, so now, I want to withdraw all my claims.” It’s outrageous.
Please read the fascinating piece in which Shawe’s New York attorney discusses the case. Stay tuned folks, this case is incessant in its fluidity and yours truly is going to be on top of it until justice is done.
As always your comments are welcome.
Sincerely Yours,
JUDSON Bennett-Coastal Network
NEW YORK, Oct. 9, 2017 /PRNewswire/ — After three years of contentious litigation, numerous motions and unyielding delay tactics, TransPerfect Co-CEO Elizabeth Elting and her Legal Team consisting of Kramer Levin, Paul Weiss and Gerald Lefcourt are now asking New York Supreme Court Judge, Debra James, to discontinue Elting’s claims against Co-CEO Philip Shawe. This comes after the judge made a recent determination that the exchange of discovery would proceed in the New York Tort case.
Shawe’s attorney Glenn Faegenburg of The Edelsteins, Faegenburg & Brown LLP said, “Elting’s legal team should not be permitted to unilaterally discontinue claims they have already presented and aggressively litigated in New York County Supreme Court, in order to avoid providing discovery regarding those claims.”
“Among Elting’s frivolous claims against Shawe, that she and her legal team now want to drop, are false allegations of defamation, assault and intentional infliction of emotional distress,” Faegenburg continued. “Absent the Court’s permission to withdraw their claims, discovery supporting Shawe’s contention that Elting and her legal team filed a false defamation action against Shawe they knew was untrue will likely be uncovered.”
Faegenburg said, “We believe that the false defamation countersuit is the product of a scheme by Elting, in concert with her advisors, to manufacture false claims against Shawe, and that many of those schemes are memorialized in Elting’s emails. If their motion to discontinue Elting’s counterclaims is denied, emails regarding these schemes may be required to be turned over to Shawe as part of the discovery proceedings in the New York Tort action.”
“Now that Elting and her team know that the discovery process may, in fact, reveal nefarious planning on their part, she is seeking to petition the Court to ‘take-back’ the claims she previously swore to and fiercely litigated,” Faegenburg said.”Notably, this same tactic was used in the Delaware case where Elting withdrew over 250 allegations from her complaint the day before an expedited trial was to begin. In that case Shawe alleged that Elting and her lawyers had fraudulently manufactured deadlock to convince the Chancellor to put the company up for sale,” Faegenburg added.
The court’s edict also subjects Ms. Elting’s mental and psychological history to the scrutiny of the Court. Elting and her attorneys know that by claiming physical, emotional, and psychological damages, Shawe will be entitled to copies of her medical records including mental health records. In light of the Court’s recent ruling to permit the discovery process to proceed, Elting’s only hope of keeping her personal records from being revealed to the court and to the public is to ask the Court for permission to withdraw the claims that she herself intentionally made against Shawe.
“My time is important. Mr. Shawe’s time is important. Elting and her lawyers have wasted our collective time litigating non-meritorious claims against Shawe for years. What really disturbs me is that the only reason they are backing out now is because they don’t want the discovery process to expose that they used an e-mail that I myself wrote in an effort to protect both parties, as a basis to file a knowingly false defamation claim against my client,” Faegenburg said. “Now, they want to just snap their fingers and make their prior misdeeds magically vanish without repercussion!”
Faegenburg said, “We find it laughable and preposterous that Elting and her legal team are now claiming in their motion papers that they want to ‘streamline and simplify the litigation, and to bring it to an expeditious conclusion.’ If that was their desire why did they bring and litigate these unsupported and false claims for years in the first place. The truth is that, this time, their plan is not playing out the way they wanted it to; now they are running for cover. We can only hope that the court sanctions them accordingly.
SOURCE The Edelsteins, Faegenburg & Brown LLP
Please note new e-mail address, [email protected]
Please note new Twitter account, https://twitter.com/Judson_Bennett
Please make absolutely no mistake about it, Delaware is in huge financial trouble. After a few legislative band-aids were implemented to temporarily balance the budget in 2017, next year is going to be five times worse. Unemployment is rampant and Delaware’s incorporation bonanza is going to disappear, not only because of the increase in the cost of franchise taxes, but because business people nationwide no longer trust Delaware’s Chancery nor the Delaware Supreme Court to render fair and equitable decisions based on logic and legal precedent. The responsibility falls mainly at the feet of Chancellor Andre Bouchard whose controversial and subjective rulings in the TransPerfect case have rocked the nation’s business world. The appearances of improprieties in this unprecedented adjudication exposes the extreme bias, rampant cronyism, and corruption that has long plagued Delaware and has now caused the precipitous drop in Delaware’s ranking in the U.S. Chamber of Commerce Survey as the best place to incorporate in America, from first place to eleventh place!
Interestingly, a few lawyers, a Court-appointed Custodian, and the law firm of Skadden Arps with the help of Delaware’s Chief Chancellor Andre Bouchard and Delaware’s Chief Justice Leo Strine of the Supreme Court (all interconnected and members or former members of the same law firm) have become filthy rich at the expense of TransPerfect. Protected by opposition from the Delaware Bar Association and certain ESTABLISHMENT LEGISLATORS who apparently have no interest in positive change, absolutely nothing has been done to repair the now broken reputation of Delaware. Senate Bill 53 (sponsored courageously by Senator Colin Bonini) was released from committee, but does not yet have the support needed to pass. My sources have reported that the combined fees to TransPerfect, based on Bouchard’s ridiculous manner in which he handled the case, are now over $150 million dollars… Insanity!
I have followed and researched this case in detail, read all the transcripts, and interviewed many involved. I believe I know more about this case than any person on earth. I know when there is a grotesque injustice happening, and folks this TransPerfect case is the most grotesque I have ever seen. I predicted that Delaware would suffer the consequences of its recklessness, and what many are calling criminal behavior, a long time ago. I have also recognized when serious consequences are happening to the detriment of Delaware’s citizens. Hopefully this time someone will finally listen and do something about it.
That being said, one of my readers forwarded one of my recent articles to a State Senator from Milford who is a Republican, voicing his concerns about this situation. The Senator’s reply, knowing about the fleecing of TransPerfect, the incestuous connections in the judiciary, the dissenting opinion by Justice Valihura, and the national criticism of Delaware’s unfriendly business reputation – dropping from # 1 to # 11 in a national survey, rudely said, “consider the source”. It is obvious to this writer and investigative reporter – that like this State Senator – there are many on both sides of the political aisle in the Delaware General Assembly, whose only care is to keep the status quo and keep everything within the good ole boy network, regardless of the damage to our state’s reputation and financial well being.
Please read the article below and seriously take it under advisement when casting your future votes for choosing our state’s leaders.
As always your comments are welcome.
Respectfully submitted,
JUDSON Bennett-Coastal Network
Although the regular troupe of Delaware judges and lawyers shrugged off the troubling fall from the number 1 spot to number 11 in the U.S. Chamber of Commerce’s business litigation survey, Delaware residents are acutely aware of the state’s recent rankings plunge.
Delaware has always shouted its top ranking in the chamber’s review, and rightly so. However, now that Delaware has tumbled out of the top 10 in most areas of the well-respected poll, the survey has been disregarded by the same groups that have taken pride in that ranking for over 15 years. They now focus on the methods of the survey instead of the content of the results.
Citizens for a Pro-Business Delaware began as the voice for the thousands of silenced TransPerfect employees who have been impacted by the uncertainty of an unprecedented decision by the Delaware courts. However, the message resonates so vividly for Delaware residents that thousands more have joined to express their concern for the employees who live in Delaware and neighboring states.
When legislators passed the TransPerfect bill out of committee last summer, it was because they heard from thousands of Delaware residents who saw the future ramifications of the court-ordered TransPerfect sale.
While many supported the bill, it appears that some legislators hoped that they could remain in good graces with a very powerful band of judges, lobbyists, and lawyers, dismissing their constituents’ voices. Many, including the chair of the Senate elections and government affairs committee, proclaim they want Delaware to be the beacon for corporate law, but then they refuse to listen unless the jobs are Delaware jobs.
If this keeps up much longer, Delaware jobs will fast follow as the state continues to plummet in the business rankings. If these jobs go overseas, the 11th ranking will look like a pleasant memory.
Unemployment is already on the rise in Delaware. Do we need more uncertainty?
Average Delawareans, on the other hand, empathized with the families about to lose their income and saw how the TransPerfect sales will be perceived: A state court meddling in the affairs of a private company, risking thousands of American jobs and Delaware’s ability to keep and attract businesses incorporated in the state.
Now, the U.S. Chamber of Commerce has reported that over thirteen hundred business executives and lawyers who control companies that earn $100+ million in annual revenues no longer believe Delaware is even in the top ten of business-friendly states. And if Delaware’s litigation leaders’ reaction is to disregard this long-treasured ranking, how much further will Delaware drop?
As the TransPerfect sale continues, thousands of Americans may move closer to losing their jobs to overseas workers, a common translation industry practice. Citizens for Pro-Business Delaware will focus its efforts on keeping jobs here in the United States.
We want to see any potential winner of the custodian’s process to include a commitment that 80 percent of the domestic TransPerfect employees will remain in the United States for five years. We are calling on the governor and legislature to demand that any future outcome of this company involves leaving the jobs in the United States.
Every day, I speak with hard-working people who live in uncertainty about a process that feels rigged. A New York judge threw out the TransPerfect case based on its lack of merit yet after a second try in Delaware, an unprecedented ruling had led us to this scary place. The decision enriches a few Delaware elites, and one owner who wants to sell.
It subjects thousands of workers to massive uncertainty, and very possibly the loss of their jobs. The decision has helped to drop Delaware’s reputation for being the most business-friendly state, yet the courts continue.
If TransPerfect is sold and thousands of American jobs move overseas, how far will Delaware’s ranking fall? Will other companies incorporated in Delaware, like Ancestry.com and Dole, wait to see if Delaware disbands a company that is a global leader in translation services?
Citizens for a Pro-Business Delaware will continue to be the voice of thousands of TransPerfect employees and Delaware residents, as well as the supporters across the nation who recognize that Delaware is willingly leading the exodus of thousands of well-paying American jobs.
The custodian has tried to silence our efforts, but we will not kowtow to threats or intimidation. We will continue to fight for TransPerfect, and in turn Delaware. We will not back down from standing up for Transperfect employees. Delaware’s economy shouldn’t suffer even more because of a short-sighted unprecedented decision which could cost this country 3,500 jobs.
Chris Coffey is the campaign manager for Citizens for a Pro-Business Delaware, a group of TransPerfect employees and Delaware citizens working toward a solution in the case that preserves current jobs and the company.
Folks, beyond destroying, in my opinion, Delaware’s reputation for business, Chancellor Andre Bouchard may cost Delaware plenty of cold hard cash. Like I said back in February, Delaware’s Chancery Court’s Chancellor Andre Bouchard has put himself squarely in the crosshairs of Shirley Shawe who owns 1% of TransPerfect. While it would appear that her shares are only 1/100th of the company’s value, this does take into account that she is the swing vote!
Therefore, her share isn’t worth 1/100th, but more like 20 percent of the value of the firm. Think about it this way, Elting should have had to pay Shirley Shawe to get the vote required for a sale, which experts may value as high as $50 million. But Chancellor Bouchard, by wanting to give all of Shirley’s value to Elting and his 20-year buddy, Kevin Shannon of Potter Anderson for free, has forced the sale of the whole company, per Shannon’s request.
Putting aside that the “public use” requirement is not met, the State of Delaware also has a “just compensation” requirement. Delaware is responsible for transferring “market value” to the owner at the time of any “taking”, if this taking is deemed legal — so I logically believe Delaware tax payers will likely have to pay at the very least another $30 million plus to Ms. Shawe. The moment Bouchard steals her share against her will, she will undoubted file what is known as a “just compensation” case and it can be easily proven (I’m told by legal experts) that Shirley’s “swing vote” is worth 10- to 20-times what a normal share would be. I’m also told by folks close to the case that it is open and shut.
If Bouchard operated in the real world of honest business people, Elting would have to pay Ms. Shawe somewhere around $50 million to $100 million for her share to get the control premium and dictate the exit strategy. In my view Chancellor Bouchard is robbing this 76-year-old retired mother of an absolute fortune! If this is proven, Delaware tax payers will then have to pay for his mistake!!!
Think about it this way… if Shirley Shawe sues and wins, Delaware tax payers will owe her not her 1% stake, because that is not the value of the swing vote, Delawareans will have to pay 10% to 20% of the value of this company. And, for what? Why should Delaware tax payers have to pay for the arbitrary and capricious actions of a rogue judge?
Bouchard is not only responsible for dropping us from #1 to #11 in the minds of corporate America, but mark my words, he also could cost our state millions of dollars for jilting Ms. Shawe! The press will have a field day writing about Bouchard’s age-discrimination against this female senior citizen (as well they should!). Folks, this assumes everything is on the up and up — but we all know better. In short and in my opinion, Bouchard is a horror show, and Delaware is buying tickets for everyone to watch. The problem is the tickets are extremely expensive!!!
If TransPerfect co-CEO Elizabeth Elting wanted to take control of the company and sell it, she could have paid Ms.Shawe for her stake and taken control. Instead, she found a lawyer who was Chancellor Andre Bouchard’s buddy who was able to convince him to rule in her favor in an unprecedented illegitimate “taking” based on no evidence. Delaware may be on the hook to pay the price if Ms. Shawe sues and wins. I again call upon the General Assembly to pass SB-53 and restore integrity to our judiciary!
See the story below which discusses Bouchard’s approved fleecing of TransPerfect’s coffers which has the appearance of nothing more than payola to his friends. It is hurting Delaware’s reputation and economic future. It must be stopped and respect and confidence restored to the Delaware judiciary.
As always your comments are welcome.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Source: Law360
By Matt Chiappardi
Law360, Wilmington (October 2, 2017, 8:53 PM EDT) — Shirley Shawe, mother of one of the co-founders warring over control of the legal translation firm TransPerfect, launched a books and records demand to investigate the $21 million expense bill for the custodian appointed by the Delaware Chancery Court to sell the company.
The lawsuit is another chapter in the ongoing saga of the business divorce between TransPerfect co-founders Philip Shawe and Elizabeth Elting. Chancellor Andre G. Bouchard ordered TransPerfect sold under court supervision in 2015 to break bitter infighting and a deadlock between the pair that the chancellor said threatened the profitable company’s financial future.
Philip and Shirley Shawe have both staunchly opposed the decision, and in her records demand Shirley Shawe, a 1 percent shareholder in the company, is seeking to investigate “potential wrongdoing, mismanagement and corporate waste” connected to the custodian stemming from what she claims is “a lack of any meaningful oversight” over his invoices.
Shirley Shawe claims the custodian, Robert B. Pincus of Skadden Arps Slate Meagher & Flom LLP, refuses to provide detailed invoices for his or his law firm’s time spent as custodian over the TransPerfect sale process, and has provided the court with contradictory reasons why, as well as falsely claimed that no group has raised objections or made allegations of abuse of discretion.
“The custodian’s steadfast refusal to provide the requested information in spite of the extraordinary costs being incurred, and the attempts to prevent disclosure of the information, including through his counsel’s incorrect statements to the court, presents more than ‘some evidence’ to suggest a ‘credible basis’ for at least the following potential wrongdoing: mismanagement and corporate waste by the directors and officers of the company, related to, at least, a lack of any meaningful oversight of the invoices being paid vis-à-vis the services being rendered,” Shirley Shawe said in the demand.
Philip Shawe told Law360 in an emailed statement Monday that Pincus would not allow any transparency into his “enormously large” itemized bills.
“To my mother and I there is nothing more disheartening than seeing the court-sanctioned looting of our company,” Philip Shawe said. “The combined cost to the company and the parties, of the legal and custodian-related fees in front of Chancellor Bouchard, have now surpassed the $150 million mark. In my view, this provides the perverse motivations and incentives that driven the whole Delaware process.”
Pincus and his counsel did not immediately respond to requests for comment Monday.
Under Delaware law, shareholders can seek to have the Chancery Court compel a company to hand over records if they can show a “proper purpose” for doing so, usually to investigate a credible suspicion of wrongdoing.
Shirley Shawe’s demand is the latest in a long line of court actions in multiple forums she and her son have filed after Chancellor Bouchard’s 2015 sale order, which was affirmed by the Delaware Supreme Court in a 4-1 decision.
U.S. District Judge Gregory M. Sleet last week threw out a lawsuit Philip Shawe filed in Delaware federal court claiming the sale order violated due process and the takings clause in the U.S. Constitution, ruling it was an improper attempt to appeal a state court’s decision.
The younger Shawe also sued Pincus in New York federal court, claiming the custodian was trying obtain authority to restrict him from the sale process.
Shirley Shawe had filed a Chancery lawsuit to force a TransPerfect stockholder meeting where she said she would break the deadlock by voting her 1 percent stake with Elting’s 50 percent stake to Philip Shawe’s 49 percent.
Elting had refused the overture because of what she said were strings attached that would alter the structure of TransPerfect’s board, and Chancellor Bouchard ruled any such meeting would be futile.
Shirley Shawe’s bid for interlocutory appeal was denied by both Chancellor Bouchard and the Delaware Supreme Court.
Elting and Philip Shawe have been locked in a very public battle over TransPerfect since at least 2014, when Elting petitioned the Chancery Court to break their deadlock.
The pair founded the company in a New York University dorm room roughly 25 years ago and grew it into a global powerhouse that takes in hundreds of millions of dollars in revenue annually. The two were once engaged to be married, before breaking off romantic ties in the late 1990s.
They remained business partners until a spectacular falling out that resulted in a tangle of messy litigation and accusations, some deeply personal.
Shirley Shawe is represented by Jeremy D. Eicher of Eicher Law LLC.
Pincus is represented as custodian by Jennifer C. Voss of Skadden Arps Slate Meagher & Flom LLP.
The new case is Shawe v. TransPerfect Global Inc., case number 2017-0679, in the Delaware Court of Chancery.
The other Chancery cases are In re: TransPerfect Global Inc., case numbers 9661, 9686 and 9700, and Shirley Shawe v. TransPerfect Global Inc., case number 2017-0306.
The Delaware federal case is Shawe et al. v. Pincus et al., case number 1:17-cv-00277, in the U.S. District Court for the District of Delaware.
The New York federal case is Shawe v. Pincus, case number 1:17-cv-06673, in the U.S. District Court for the Southern District of New York.
–Additional reporting by Ryan Boysen, Jeff Montgomery and Chelsea Naso. Editing by Marygrace Murphy.
Please note new e-mail address, [email protected]
Please note new Twitter account, https://twitter.com/Judson_Bennett
The $1,425 per hour Court-Appointed TransPerfect Custodian Robert Pincus
Delaware Supreme Court Chief Justice Leo Strine
A United States Justice Department investigation into potentially corrupt payments to a large law firm
Answer: Law firm- Skadden Arps.
As Bouchard’s handling of the TransPerfect case melts the main driver of Delaware’s economy (incorporating businesses), it also appears the ice may be melting beneath the feet of legal giant, Skadden Arps.
As I have been calling for an investigation into Bouchard, Bob Pincus and Skadden’s outrageous billing of TransPerfect, The New York Times reported this past Thursday that Skadden Arps is under investigation for potentially corrupt payments from the Ukraine. I hope the investigation spreads to the Wilmington office of Skadden—God knows what they might uncover? I always wondered where Bouchard learned his tradecraft?
Bouchard’s alma mater and Pincus’ current employer were just featured in the New York Times. Apparently, some of Skadden’s fees were shady enough to catch the eye of the Justice Department. And, in my opinion, nothing could be shadier than the Custodian’s TransPerfect bills, which are now rumored at the company to exceed $500,000 per month?!
Here is an actual picture from a Spanish Newspaper of Bob Pincus drowning in money !
Robert Pincus, lawyer partner of the firm Skadden and judicial administrator of Transperfect / FOTOMONTAJE CG
Robert Pincus,
Below is the story as it ran in The New York Times. I’m sure it’s all just an innocent coincidence—or is it?
Your comments are welcome as always,
JUDSON Bennett-Coastal Network
Skadden, Big New York Law Firm, Faces Questions on Work With Manafort
By KENNETH P. VOGEL and ANDREW E. KRAMER
SEPTEMBER 21, 2017
The New York Times
WASHINGTON – Five years ago, Paul Manafort arranged for a prominent New York-based law firm to draft a report that was used by allies of his client, Viktor Yanukovych, the Russia-aligned president of Ukraine, to justify the jailing of a political rival. And now the report is coming back to haunt it.
The Justice Department, according to two people with direct knowledge of the situation, recently asked the firm, Skadden, Arps, Slate, Meagher & Flom, for information and documents related to its work on behalf of Mr. Yanukovych’s government, which crumbled after he fled to Russia under pressure.
The request comes at a time when Mr. Manafort, his work for Mr. Yanukovych’s party and for Russian and Ukrainian oligarchs as well as the handling of payments for that work have become focal points in the investigation of the special counsel, Robert S. Mueller III, into Russian meddling in the 2016 presidential election, and connections between Russia, Mr. Trump and his associates.
It’s unclear if the Justice Department’s request to Skadden, as the firm is known, is part of Mr. Mueller’s inquiry. But the interest from prosecutors in what Skadden did for the Ukrainian government is one indication of the wide-ranging nature of the inquiries related to Mr. Manafort. It also highlights the risks associated with advising authoritarian governments overseas, a lucrative sideline among Washington lawyers, lobbyists and public relations consultants.
Mr. Manafort played a central role in the effort to shield Mr. Yanukovych from international condemnation, according to consultants involved in the effort. He devised the strategy and recruited lobbyists, lawyers and public relations consultants from across the political spectrum, but left the day-to-day implementation of the campaign to others. Skadden’s report was one element of that strategy.
Its conclusions provided a counterpoint to international critics who said that Mr. Yanukovych’s government had prosecuted and convicted the former Ukrainian prime minister, Yulia V. Tymoshenko, on corruption charges in 2011 for political reasons and without sufficient evidence.
That kind of international consulting by American firms traditionally has not drawn much scrutiny from regulators or the media, but that has changed in the last year, thanks largely to Mr. Manafort’s role as Mr. Trump’s campaign chairman in 2016 after years collecting multi-million-dollar paydays from Russian and Ukrainian oligarchs and political parties.
As part of Mr. Mueller’s investigation, prosecutors last month issued grand jury subpoenas seeking testimony from officials from at least two lobbying and public relations firms that worked on the team Mr. Manafort assembled to plead Mr. Yanukovych’s case in Washington – Mercury Public Affairs and the Podesta Group, according to two people with direct knowledge of the subpoenas.
The firms were paid more than $1.1 million each to try to rally support among American policy makers and opinion leaders for Mr. Yanukovych, and the firms’ lobbyists cited the findings in Skadden’s report to quell mounting concerns about his leadership.
The subpoenas for Mercury and Podesta – which followed an earlier round of subpoenas to the firms for documents and information related to their Ukraine work – focused on “Manafort’s money – where it came from, how he got it, what he did with it,” according to a person familiar with the inquiries.
Officials at Mercury and the Podesta Group did not respond to requests for comment.
Through a spokesman, Mr. Manafort declined to comment. Federal agents raided his Virginia home in July, confiscating documents and copying some of his computer files. Shortly afterward, prosecutors working for Mr. Mueller told Mr. Manafort they planned to indict him.
The Justice Department’s request for information about Skadden’s Ukrainian work came after Ukrainian prosecutors asked their American counterparts for assistance in pursuing an inquiry into alleged illegal spending by Mr. Yanukovych’s government. That inquiry included payments to Skadden, though the Ukrainians have not accused the firm of any crime. The Ukrainians nonetheless requested that the Justice Department question Mr. Manafort and Skadden’s lead lawyer on the case, Gregory B. Craig, who had served as President Barack Obama’s White House counsel.
Mr. Manafort’s team hoped that the involvement of Mr. Craig, who maintained deep connections to Washington’s Democratic establishment, might win Mr. Yanukovych a more favorable reception with the Obama State department, according to the consultants who worked on the issue. Yet they said that even employees of Mercury and Podesta regarded the report as a “whitewash” that did little to address valid concerns about Mr. Yanukovych’s government.
The report was concluded in September 2012 – just before one of Mr. Manafort’s daughters started work as an associate at Skadden – and released in December 2012.
The day after its release, Victoria Nuland, a State Department official at the time, called it “incomplete,” at a department press briefing, saying that it “doesn’t give an accurate picture.” She said the State Department was concerned that “Skadden Arps lawyers were obviously not going to find political motivation if they weren’t looking for it.”
In a recent interview, John E. Herbst, a former United States ambassador to Ukraine, went further. He said that Skadden “should have been ashamed” of the report, calling it “a nasty piece of work.”
Mr. Craig declined to comment.
Under the Foreign Agents Registration Act, or F.A.R.A., anyone engaged in lobbying or public relations for foreign governments must register with the Justice Department. But in a statement this month, Skadden contended that “none of our attorneys engaged in any activity that required them or the firm to register under F.A.R.A.”
The firm also asserted that its report “did not opine about whether the prosecution was politically motivated or driven by an improper political objective” – an assertion that narrowly avoids directly contradicting the report’s conclusion that “Tymoshenko has not provided clear and specific evidence of political motivation that would be sufficient to overturn her conviction under American standards.”
Rather, the firm’s statement said that Ms. Tymoshenko “was denied basic rights under Western legal standards,” was “improperly incarcerated during the trial” and that “in the West, she would receive a new trial.”
In June, Skadden refunded $567,000 to the Ukrainian government – about half of the total it was said to have been paid by Mr. Yanukovych’s government. The firm suggested in a statement that it returned the cash because the money had been placed “in escrow for future work” that never took place.
Less than a year and a half after the release of the Skadden report, Mr. Yanukovych fled the country amid street protests over his government’s corruption and its pivot toward Moscow. Under the government that succeeded Mr. Yanukovych, the country’s general prosecutors office – Ukraine’s version of the Justice Department – opened criminal corruption investigations into Mr. Yanukovych and members of his government, including his justice minister, Oleksandr Lavrynovych.
Court documents in the case against Mr. Lavrynovych alleged that Mr. Manafort “designed a strategy” to enlist Skadden to “confirm the legality of the criminal prosecution of Yulia Tymoshenko and … reject any political motives of such prosecution.” Mr. Lavrynovych’s lawyer, Yevgeny V. Solodko, rejected the charges against his client, characterizing the case as a politically motivated crackdown on officials from the former government.
The general prosecutor’s office, under a mutual legal aid agreement with the United States, began asking the Justice Department and the F.B.I. for assistance with the investigation into Mr. Lavrynovych starting in late 2014.
But neither the Justice Department nor the F.B.I. had responded to the requests as recently as March, when the F.B.I. director at the time, James B. Comey, was asked during a congressional hearing why the Ukrainian requests for assistance had gone unheeded.
More recently, Ukraine’s prosecutor general, Yuriy Lutsenko, acknowledged in written responses to The New York Times that his office had begun working with the Justice Department to investigate the payments from the Ukrainian Justice Ministry to Skadden.
Asked whether Ukrainian prosecutors are assisting in Mr. Mueller’s investigation, Mr. Lutsenko’s office was coy. In a statement, it said that it had not publicly disclosed any such cooperation, but it also noted that not all international judicial cooperation can be disclosed.
Representatives for Mr. Mueller’s team and the Justice Department declined to comment.
Kenneth P. Vogel reported from Washington and Andrew E. Kramer from Moscow. Charlie Savage contributed reporting, and Kitty Bennett contributed research.
Kenneth P. Vogel reported from Washington and Andrew E. Kramer from Moscow.
My e-mail network, “The Coastal Network” reaches 6,000 people. It involves Republicans, Democrats, Independents, Conservatives, Moderates, and Liberals. I receive countless responses from my recipients. I believe, although controversial at times, my opinions are respected for the most part and certainly have influenced votes and perceptions in the past.
This TransPerfect travesty of justice within our judiciary has created quite a stir amongst many Delawareans who are frustrated, concerned and angry. A good 90% of my network has responded to me with comments that indicate their concern over the actions of Chancellor Andre Bouchard, and the detrimental situation it has created for Delaware. Many remarks also involve the Legislature and the actions it has taken and not taken as well.
Here below are some of the comments I have received concerning the TransPerfect Court Case. Housewives, Business people, Lawyers, Doctors, Mechanics, Sales People, and folks from all walks of life have responded accordingly — back and forth on blogs as well. I have removed their last names to protect their identities.
From Dave:
Thanks Judson. I have forwarded this and your previous commentary to my State Senator, Dave Lawson, who has responded. Some Senators have been calling the alarm about our “out of control Judges.”
In my opinion, Chief Justice Leo Strine should resign and the governor should elevate Justice Jimmy Vaughn to Chief Justice. Vaughn was previously qualified for the position. Randy Holland withdrew his name from consideration and has retired.We need a major change and shakeup in the judiciary management of Delaware.
Maybe you should suggest in your updates on TransPerfect, they be forwarded to each recipient’s State Senator and provide the 21 email addresses?
From Scott:
Judson, If we can’t trust the Courts to adjudicate fairly and equitably, what have we got. I own several businesses, all incorporated in Delaware. Bouchard is bad for business and the TransPerfect case is a legal abomination. Shame on the Delaware Legislature for not enacting Senate bill 53.
From Lawyer Bob:
Judson, I enjoy your e-mails. This TransPerfect Case is amazing from my perspective. As an attorney, I find it hard to believe that Chancellor Bouchard has conducted this case the way he did. I also find it disconcerting that Strine’s Supreme Court upheld it. I read Justice Karen Vallihura’s dissenting opinion and I agree with her. She is right on target. I believe that the U.S. Supreme Court will over-turn this ruling and Shawe will be vindicated. Depends on whether or not the Court will hear the case. With Alan Dershowitz involved, there is a good chance it could get to the Supreme Court. The Custodian thing with Robert Pincus is really something. I wonder if Shawe is taking legal action on that situation? Definitely seems that he has a case on that rip off. $1450 per hour is mighty steep for that kind of work. Please keep my real name confidential. Take care my man, BOB
From Rick:
The only thing Delaware has going for it as an incorporation venue is a fair and unbiased Court of Chancery. Other states, particularly Nevada, are actively trying to wrest incorporation “business” away from Delaware. This ruling may well influence future corporate decisions.
By “future corporate decisions,” I mean newly formed companies incorporating in Delaware. The primary reason so many businesses incorporate in Delaware is the Court of Chancery being fair to big business — not prejudiced in favor of- but fair.
From Corinnia:
With Delaware no longer # 1, Looks like Amazon won’t be coming here.
From Don:
The real issue here it that there is no Inspector General in Delaware to oversee these obvious acts of cronyism or corruption, by the courts or legal system, let alone the law enforcement agencies of Delaware.
The case you state here is a prima facia case of cronyism and corruption of the court system. Of course all judges are appointed in Delaware not elected. This alone makes the difference you’re talking about here in this article.
Good to hear from you again JUDSON!
From Rick B:
Jud,
I know, and you’re right. I read every email you send out.
This is a big blow, and the Governor is definitely concerned about this right now like never before. So is every lawyer in Delaware, and every registered agent.This news just dropped today.Delaware has been #1 every year since this survey began and it’s “all of a sudden” #11 this year.
From Delaware Lawyer:
The accusation of cronyism… The senior Delaware lawyers on both sides (Kevin Shannon and Greg Williams) both represented defendants in the Disney litigation. Both of them recently appeared on panels with Chancellor Bouchard: Shannon at Tulane, and Williams at Penn.
From Mary:
Judson, Please keep up the good work. Your articles and research on TransPerfect are so informative. I believe Bouchard should be impeached. Our system of government is not supposed to work this way.
From Viper:
What are the least trust worthy occupations among public opinion?
1) lawyers
2) politicians
3) salesmen
No wonder the general public distrusts the government and legal system when most elected officials are either one or all three of the above!
Question is,then why are we electing any of the above three career people when they are the reason our government is so dysfunctional?
From Gerald:
The TransPerfect case is important for Delaware. The evidence for cronyism and judicial misconduct here sounds beyond compelling, and likely warrants investigation.
1) If Chancellor Bouchard really handed the case to his friend, Kevin Shannon, when Shannon called ZERO fact witnesses vs. 10 fact witnesses on the other side (as is being blogged about), then both Andre Bouchard and Kevin Shannon must be made to find another line of work for the integrity of our legal system.
2) If Chancellor Bouchard really found for Kevin Shannon on virtually ALL motions for nearly two years, then again, Bouchard is guilty of bias and favoritism, and there’s simply no place for this type of conduct in our justice system.
Scrutiny of this unprecedented ruling will surely increase over time. I’m looking forward to seeing more research, and getting the answers to the many questions raised by the TransPerfect case.
From Kathy:
In the TransPerfect case: The court-ordered dissolution and sale of a private, profitable company is the culmination of a series of unprecedented rulings in Elting’s favor by Chief Chancellor Andre Bouchard. The rulings were all at the request of Elting’s attorney Kevin Shannon, who also happens to be Bouchard’s personal friend. These unprecedented decisions, combined with Bouchard turning a blind-eye to obvious fraud by the Elting team (see link below), raise questions too large to ignore about what is really going on here.
You knew (… and truly the legislature knew as well) that politics and cronyism from the bench would sooner or later bite-Delaware-in-the-ass. As you so well described, the unconscionable way the TransPerfect case was adjudicated was indeed the linchpin in the dethroning of Delaware from ranking as the nation’s top business litigation state.
For shame that it all unfolded as a sham in Chancery Court while everyone (from top-to-bottom) sat by the sidelines with their proverbial wine goblets in hand amused by the flames that burned the heretofore best business litigation court right out of contention.
At the outset of the TransPerfect party you “flicked on the lights”, but no one yelled “surprise” !!!…and the only present that was left, was Delaware’s smoldering reputation.
Sad and despicable…
(a non-attributable commentary)
From John D.:
Judson – Here is another article I just found and translated using a Google app. I’ll send another email with the original Spanish version.
Philip Shawe is really getting screwed here. Bouchard never should have gotten the job in the first place. The conflicts of interest, the bias, the cronyism, and the obvious corruption in the whole system is disgraceful. Bouchard should be disbarred and locked up. The do nothing legislators that have ruined Delaware also need to be replaced.
From James:
The appearances of impropriety whether Bouchard is or is not guilty of corruption in this case are inexcusable. He should have recused himself. The actions of Robert Pincus, the Custodian are unbelievable. There is no way this guy can get away with this. I am appalled!!!!
From Sally:
Hi Jud, Thank you for the outstanding job you are doing in exposing this travesty of justice to the people of Delaware. I appreciate your e-mails and look forward to receiving them. Judge Bouchard should be disbarred and removed from the bench. It sure looks like the fix was in. I am concerned that if the businesses and corporations flee Delaware because of his obvious poor decisions, our taxes will go sky high. Keep up the good work. I have enjoyed your articles over the years.
Well folks, there you have it — a cross section of the feelings of the people in Delaware who read my e-mails. There are hundreds more who have responded to me on this TransPerfect issue with extreme interest and great concern. I believe that Delaware is losing its credibility as a safe place to incorporate. The “Small Wonder” is no longer so wonderful. The state is flat broke and if something is not done legislatively to fix these problems, it will only get worse with rampant unemployment and huge income taxes. I urge you to contact your State Senators and State Representatives and tell them how you feel.
The picture below says it all! In the Barcelona newspaper, the picture of court appointed custodian Robert Pincus in the TransPerfect Global case surrounded by his money is an indication of the rip off of the century! Robert Pincus, according to my information, with the absolute approval of Chancellor Andre Bouchard, has apparently charged exorbitant and unnecessary fees to the complete detriment of this successful company and its employees. Pincus and his buddies are literally becoming multi-millionaires at TransPerfect’s expense. This is a legal bilking to profit friends of the Judge. In reality, I believe it is intrinsically criminal and Chancellor Bouchard is responsible. There needs to be a criminal investigation by the Attorney General of the State of Delaware or perhaps the FBI !
Please read below what a mockery of our state has been made around the world:
CARLES BALLFUGÓ
14.09.2017 11:35 h
Delaware Supreme Court Judge André Bouchard’s decision to order the forced sale of the Transperfect translation multinational has cost the company more than $ 20 million to hire a variety of law firms , investment companies and specialized entities in mergers and acquisitions.
According to a piece of advertising by the Citizens for a Pro-Business Delaware’s association (CPBD) published on full page in various media, a dozen signatures would be enriching themselves with the shareholder conflict that the company lives.
The advertising piece which has had access Global Chronicle also notes that Robert Pincus, a lawyer partner at law firm Skadden and custodian (judicial administrator) of Transperfect , would be getting a salary of $ 1,425 an hour, about 1,200 euros, for overseeing the controversial sale force of the company.
HAZARD JOBS
Through this action, the association CPBD wanted to point out that while several companies invoice huge amounts of money to the company under Pincus, the 4,000 employees of the company worldwide, 500 of them in the operating center of Barcelona , continue fearing for their jobs if the forced sale of the multinational of translations is finally executed .
A few months ago, Delaware Supreme Court Judge Andre Bouchard ordered the company’s forced sale to resolve the stakeholder conflict between the company’s co-founders, former Liz Elting and Phil Shawe, whose relationship is more deteriorated than ever and their positions in regard to the company, the antipodes of each other.
WITHOUT PRECEDENTS
The forced sale of a successful private company is an unprecedented move in United States history and its precursors, Judge André Bouchard and attorney Robert Pincus, may be breaking the legal limits,according to experts familiar with the case.
The purchase of Transperfect by a private equity fund would entail relocation and dismissal, as has already happened with the company Lionbridge, Transperfect’s largest competitor globally, which relocated the centers of Spain and France and destroyed thousands of jobs.
Paranoia reigns in the mind of the Delaware Chancery Court-appointed Custodian, Robert Pincus. He is seeking — through a Court order — to find out who is leaking information that shows just how insidious his administration of TransPerfect Global actually is!
In my opinion, Custodian Pincus is using a false premise to go after employees because he’s embarrassed by Skadden Arps’ outrageous fees being made public, and things being said about him in the news. He’s a court-appointed receiver folks — his bills should be public. The way Bouchard is letting Pincus hide his bills in darkness is similar to what he did for his old friend, Elting’s attorney Kevin Shannon at Potter Anderson — making TransPerfect and/or Philip Shawe pay legal bills with no ability to challenge the reasonableness of the fees. His fees should be public. Instead, Pincus is conducting a witch-hunt for employees, which is exactly what he promised employees he wouldn’t do.
Plus, Pincus has not made good on his promise to let employees bid for their company. And, my sources say the custodian could stymie the quarterly press release, which has been a stellar publication, quarter over quarter, for years now. Folks, there is only one way I see this, Pincus is dirty, and he’s trying to mask the truth by silencing employees and sealing everything possible under a court order, with the nefarious help from his former business partner and crony of the Delaware Chancery Court, Chancellor Andre Bouchard (who adjudicated the most heinous and inequitable decision in U.S. business history). Pincus’ rate of $1,425 per hour is three times the rate of most court-appointed receivers. Bouchard has managed to let his buddy fleece TransPerfect out of millions of dollars.
It is the opinion of this writer that Pincus has illegitimately taken advantage of his position. Why should this Custodian be allowed to get rich off the back of this prosperous company and its employees who have helped build the company to what it is? And then not allow them to bid on ownership of the company in order to save their jobs? I’m hearing speculation from employees that Lionbridge (a competitor) could very well buy the company and possibly outsource many American jobs. Employees should not be silenced by the courts in stating the truth. This is America! And, as disappointing as it may be to Bouchard and Pincus, Free Speech is guaranteed by the Constitution.
Please read the article below from “Delaware Business Now” about this sensational saga, that is now before a New York Court where hopefully some real justice might transpire in contrast to the Kangaroo Chancery Court in Delaware!
I am going to beat this drum until justice is served and these wrongs are righted. Read below folks.
Sincerely Yours,
JUDSON Bennett-Coastal Network
By Delaware Business Now – August 25, 2017
The battle over the sale of translation service TransPerfect now extends to the public relations effort from an employee group.
Tusk Strategies and Chris Coffey of Citizens for a Pro-Business Delaware have asked a New York court to quash the nonparty subpoenas and for a protective order.
The custodian working to effect a sale of the company claims leaks from employees are hampering the process of selling the company.
“The Subpoenas that Petitioners challenge are designed to chill civil discourse on a matter of public importance,” Chris Coffey stated. “This court-ordered sale is unprecedented. It is the first time a Delaware court has forced the sale of an ongoing and profitable Delaware company without stockholders’ consent. The forced sale has potentially significant implications for the future of TransPerfect’s employees’ jobs.”
Coffey continued, “Throughout the sale process, Citizens has tried to draw attention to its members’ concerns about the sale process and its implications. To that end, in late July 2017, Citizens ran (1) a press release referencing concerns that one potential bidder might move their jobs offshore, and (2) another press release and advertisement that listed the fees charged by the Custodian and the many advisors he has hired to assist him in selling the company, collectively totaling more than $20 million over an 18-month period. In response to these two press releases and advertisement by Citizens, the Custodian claims he needs to identify any TransPerfect employees who allegedly disclosed this information – notwithstanding that much of this information was already public.”
Coffey concluded, “The Subpoenas are vastly overbroad and duplicative, and they are nothing more than an attempt to cause ‘unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice’ to Tusk and Coffey – and, by association, Citizens — as a consequence for the assistance they provided to TransPerfect employees and Delaware citizens in voicing their concerns regarding the Delaware court’s unprecedented actions.”
Citizens for a Pro-Business Delaware has been running advertisements and issuing press releases opposing the sales process.
Citizens has drawn the ire of the custodian, members of the corporate bar and some legislators for its advertisements and press releases that indicate the dispute will harm the state’s incorporation business, a key source of tax and fee revenues.
The sale process comes after co-owners Philip Shawe and Elizabeth Elting have been unable to come up with an agreement to sell the company.
Below is an interesting overview of the TransPerfect Global case, adjudicated in the Delaware Court of Chancery by Andre Bouchard. What makes this article fascinating is that it was written by (Retired) Justice Melvin Schweitzer, the Judge who handled the case in New York Supreme Court, before the case went to Delaware and in front of Bouchard. Before Justice Schweitzer hit the mandatory retirement age, he’d gutted Elting’s case and labeled it as “squabbles” — Then after losing in New York, Elting shopped the case to Delaware, where she found the Bouchard-Shannon duo… to turn “squabbles” into one of the most dangerous and controversial decisions in business-law history.Even more interesting is that Justice Schweitzer has been openly critical of Chancellor Bouchard’s handling of what was “his case” — and called the result “extreme” in an interview with the Delaware News Journal. According to sources close to the case, Justice Schweitzer was so moved by Delaware’s handling of the matter, that he agreed to judge a moot court scholarship contest for law students who entered a competition set up by TransPerfect co-CEO, Philip Shawe — offering hypothetical arguments of appeal before the United States Supreme Court, where this controversial case may indeed end up.A mock panel of Supreme Court Justices including Justice Schweitzer and Alan Dershowitz were among the panel members who determined the winners of the competition. This was an innovative and philanthropic idea by co-CEO Philip Shawe, who in my view has been unjustly damaged by Bouchard and the Delaware Chancery. Make no mistake, this is the greatest business injustice in Delaware, and possibly U.S. history as well. In my opinion, the blood of every hard-working family left jobless, based on this unprecedented court intervention will be all over Bouchard’s hands. I pledge to profile each and every family for all of Delaware to see as to the significant massacre Chancellor Bouchard intends to create by his outrageous rulings. Perhaps in the near future they will be able to testify for his impeachment. As always your comments are welcome.Sincerely Yours,JUDSON Bennett-Coastal NetworkCHECK OUT THE ARTICLE BELOWFor reference:
[youtube https://www.youtube.com/watch?v=wXEHyTA_8ck?ecver=1&w=560&h=315]
By Melvin SchweitzerAugust 2, 2017, 11:53 AM EDTAugust 2, 2017, 11:53 AM EDTIn 2015, the Delaware Chancery Court ordered the sale of the translation services company, TransPerfect Global, as part of resolving a dispute between the company’s largest shareholders, Phil Shawe, Shirley Shawe and Liz Elting. The Delaware Supreme Court earlier this year affirmed the Chancery Court decision with one of five justices dissenting. In the aftermath of the TransPerfect decision, much remains open regarding how much deference the Chancery Court should give to directors to resolve internal disputes, and when a directed sale is an appropriate remedy. The Delaware Chancery is considered the gold standard among corporations globally, and for that very reason, many find it hard to consider the possibility that the court could occasionally be wrong. This may be one of those cases. To bring attention to the issue, Philip Shawe began a scholarship competition among law school students to publicly explore the case as if it were being challenged at the U.S. Supreme Court level.The final oral arguments were heard on July 20 in Brooklyn before a panel of judges who also helped narrow the field of entry briefs to the final 10. Myself, retired Justice Carmen Ciparick, my former director of interns Joseph Hansen, and Harvard professor Alan Dershowitz served as the mock Supreme Court and we directed the moot court proceedings. Steven Hermosa, a recent graduate of the University of Florida, Levin School of Law, student turned in the top-scoring brief and had the best oral defense.TransPerfect was started in 1992 by two New York University business school classmates, Philip Shawe and Elizabeth Elting, while they were still in school. The privately held Delaware corporation has 100 shares outstanding, 50 owned by Elting, 49 owned by Shawe, and one share owned by Shawe’s mother, Shirley Shawe. Though the corporate charter provides for three directors, Elting and Shawe have served as the only directors since 2007, and have managed the company as two equal shareholders.Since 2012, despite the company’s successful performance for two decades, Shawe and Elting’s personal relationship deteriorated. Litigation between these principals ensued. The principal case was heard in the Delaware Court of Chancery, which ordered a sale of the profitable company. The Delaware Supreme Court affirmed the Court of Chancery, with one justice filing a lengthy dissent. This has now led to a federal court action by the Shawes, which raises alleged violations of the United States Constitution by Delaware’s courts and ultimately may reach the U.S. Supreme Court.The Delaware Court of Chancery has broad statutory powers to address corporate deadlocks that it deems detrimental to corporate shareholders, employees and the corporation itself. The Court of Chancery may appoint a “custodian” if the business of the corporation is suffering or threatened with irreparable injury or if required action by the board cannot be obtained. The purpose of such intervention is to protect the company, and the means used to achieve that goal are required to be tempered to be the least intrusive possible.Here, the Court of Chancery held a bench trial and found that both sides had engaged in “mutual hostaging.” Shawe, by not agreeing to large distributions demanded by Elting, and Elting remarkably exerted leverage over Shawe by refusing to exercise her fiduciary duty to act on important business decisions. The court found that the company’s business was threatened with irreparable harm even though it was extremely profitable. The court pointed to corporate morale, relationships with clients, and Elting’s refusal to agree on acquisitions. It appointed a custodian to be involved in managerial decision-making, but also to conduct an auction sale of the shares held by the Shawes and Elting. The Shawes remain unalterably opposed to selling their stock.The Delaware Supreme Court affirmed the Chancery Court’s decision and declined to hear the constitutional argument advanced by Shirley Shawe that a forced sale of her share violated the due process and takings clause of the Fifth and 14th Amendments. Accordingly, the Delaware Supreme Court did not consider the constitutional safeguard that provides, “No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”The principal “takings” argument is that Delaware defines stock ownership as personal property and that the forced sale over the Shawes’ objection deprives them of their rights to possess, use and dispose of their property as they see fit. Such sale is violative of the Constitution because it is for a nonpublic use, (i.e. breaking a deadlock is a decision of what is best for the corporation and its shareholders and employees collectively). Things like employee morale, customer uncertainty, and damage to the company’s reputation are private harms. No public purpose is involved. The U.S. Supreme Court has long recognized in cases involving real property/economically depressed areas (Kelo v. City of New London, 545 U.S. 469 [2005], Justice Anthony Kennedy concurring but urging that a legitimate public purpose be a fact-based test) and intangible property (Ruckelshaus v. Monsanto Co., 467 U.S. 986 [1984]), for example, that there must be a broad public benefit to sustain a taking.To be sure, the “public use clause” is not satisfied simply when one person’s property is taken for the benefit of another private person, even if compensation is paid. Delaware’s argument presumably is that the state’s broad statutory power to regulate the internal affairs of the corporations that it charters is a “public purpose,” and that if it has the right to dissolve companies and approve the transfer of stock in a merger, then its public purpose surely extends to ordering the sale of stock in a deadlock situation adversely affecting one its corporations.Shawe’s argument with respect to due process is that the Court of Chancery issued the sale order without proper notice. Due process is met where the state can show that a particular procedure bears the “sanction of settled usage.” Due process in any proceeding must be reasonably calculated to apprise parties about the legal remedies for a deprivation of property by the state. Here, the Shawes argue that the relevant provisions of the Delaware General Corporation Law failed to give the Shawes fair notice that the Chancery Court could exercise a power analogous to eminent domain in forcing them to sell their shares against their will.Eminent domain cases in Delaware are heard in a different court — the Superior Court. Also, Section 226 only speaks of liquidating a corporation’s affairs and distributing its assets. Nothing in the statute contemplates the seizure and sale of an individual’s stock. Finally, as the lengthy dissent in the Delaware Supreme Court noted, the parties could not point to a single case in the history of Section 226 jurisprudence where a court ordered a custodial sale of shares over a shareholder’s objection. Along these lines, the Shawes argue that they could not have reasonably known that their property was in jeopardy of such a manner. Delaware, though, would argue that its statutory scheme, which allows dissolution of companies and hostile mergers, puts all shareholders on notice of the Chancery Court’s broad power to affect corporations, including forcing a sale.Should the case reach the U.S. Supreme Court, the justices will have to weigh Delaware’s argument for its public-purpose “taking” against TransPerfect’s facts of shareholders in a highly profitable company being made to sell their shares because of corporate deadlock — even when the Chancery Court has less draconian remedies in its statute. As for due process, the justices will have to weigh Delaware’s argument that its broad corporate statutory powers amply put a litigant on notice that such a sale could have been reasonably anticipated as one of Chancery’s options, even though there is no express statutory provision authorizing such action and it has never been done before over the objections of a shareholder, as is the case here.Author’s note: Some of the facts and arguments discussed in this analysis are based on excerpts from the briefs that were submitted to The Philip R. Shawe Scholarship Competition.Melvin L. Schweitzer, now a counsel at Liddle & Robinson LLP, served 10 years on the New York state bench, including as acting Supreme Court justice (Commercial Division, Manhattan) handling complex commercial cases, and as a judge of the New York State Court of Claims.DISCLOSURE: The author is one of four judges for the The Philip R. Shawe Scholarship Competition, which is sponsored by one of the litigants in the case discussed and asked law school students to prepare the best argument for reversing the Delaware Chancery Court ruling.
Below is an article from LAW 360 by Jeff Montgomery that makes my blood boil and head want to explode. Having followed every detail of the TransPerfect legal saga, which in my opinion, is a prime example of the corruption and cronyism that now exists in the Delaware Court of Chancery since Chancellor Andre Bouchard assigned the TransPerfect case to himself. It is time for the Legislature to form a special commission to investigate Chancellor Andre Bouchard, Bob Pincus of Skadden Arps, and Kevin Shannon of Potter Anderson.
The Citizens for a Pro Business Delaware took the bold step by being an effective whistleblower and exposing what is in my opinion and the option of many others, a government aided heist of over $21 million dollars that has been fleeced from TransPerfect, a healthy company by any measure, since Bouchard and Bob Pincus commandeered the firm roughly 18 months ago.
Huge amounts of money are continuously flowing into Pincus’s current and Bouchard’s former law firm, Skadden Arps, (and their “consultants”) and out of TransPerfect. Just Pincus and his firm alone are billing $300,000 to $400,000 per month. The numbers are having a devastating effect on TransPerfect. Hard-working employees, many of whom dream and counted on a mere $5,000 bonus at the end of the year are now being told to expect less, or nothing at all. I’m told raises are lower and lower, and virtually no money is being re-invested in people or infrastructure.
Now in a desperate attempt to gain revenge against the employees who went public to expose his scam, Pincus has asked his buddy Chancellor Bouchard to allow him to conduct an “investigation” of the Citizens Campaign and TransPerfect employees concerning potential leaks regarding information over LionBridge, a potential bidder and well-known competitor who might be interested in buying the company.
This action by Custodian Pincus is nothing more than a false pretense for a good old-fashioned witch-hunt to fire the people that, expressing their First Amendment Right, exposed these outrageous government-ordered bills for what they are. Of course, why these bills are not being made readily available to the public in the first place or why a Custodian in Delaware is allowed to charge the highest going rates in the country ($1,425 per hour!!), to host a board meeting once a month is a product of the incestuous corruption that is Delaware.
As always your comments are welcome.
Respectfully Submitted.
JUDSON Bennett-Coastal Network
PLEASE READ THE ARTICLE BELOW:
By Jeff Montgomery
Law360, Wilmington (August 1, 2017, 3:28 PM EDT) — Delaware’s chancellor authorized an investigation Tuesday into leaks of bidder data and other details on the court-ordered sale of translation company TransPerfect Global Inc., after warnings that the disclosures are being used in an attempt to disrupt the already hotly contested process.
Chancellor Andre G. Bouchard signed the discovery order moments after a brief telephone conference on a request filed on behalf of TransPerfect custodian Robert B. Pincus of Skadden Arps Slate Meagher & Flom LLP.
“To take no action will only embolden the violators and further jeopardize the sales process,” Jennifer C. Voss of Skadden, Pincus’ counsel, told the Chancellor Bouchard in a letter filed with the court. “TPG cannot permit any of its employees to facilitate, or cooperate in, the intimidation of potential buyers and advisors,” it said.
Voss wrote that the discovery effort would seek to identify the employee or employees who shared confidential information about a purported bidder and compensation paid to advisers to the sales process, with “appropriate action” to follow.
“The leaked information has been used by third parties who oppose TPG’s sale (and are funded by undisclosed TPG managers) to try to harm the sales process, and intimidate potential acquirers and the advisors,” Voss wrote.
Chancellor Bouchard, who has presided over TransPerfect litigation for years and ordered the company’s sale, described the issue as “a very serious, time sensitive matter” in a docket note filed in response to Voss’ request. He issued the discovery order immediately after the teleconference, saying that “I certainly understand what the issues are.”
Pincus’ discovery request came on the heels of a press release by sale opponents last week claiming that TransPerfect competitor Lionbridge Technologies Inc. was a prospective bidder in the custodian-managed process. In the statement Chris Coffey, campaign manager of Citizens for a Pro-Business Delaware, called the potential sale a “heist.”
The same organization published what it said were details on charges by contractors retained by Pincus for TransPerfect-related work, along with objections that Pincus discloses only his own billings for job. The report quoted Coffey as calling on Pincus and consultants to return payments for their work.
Coffey was one of the targets of example discovery and subpoena documents included in Tuesday’s court filings on the request to Chancellor Bouchard. Another was addressed to Coffey’s employer, New York-based Tusk Strategies Inc., where Coffey is identified as leader of its New York City practice.
Information demands in the subpoenas included details on documents and communications among Tusk, Coffey and TransPerfect employees involving consultants hired by TransPerfect and the custodian.
Also sought were communications by Tusk and Coffey involving potential bidders and bids for TransPerfect, sources of the information and details on spending made by Tusk or Coffey by or on behalf of Citizens for a Pro-Business Delaware, which has actively lobbied and campaigned against the sale.
Coffey could not immediately be reached for comment. His organization has previously objected to custodian efforts to secure details on its funding, arguing that the effort amounted to an intrusion on company worker First Amendment rights.
The case, and several related actions in Delaware state and federal court, stems from the deterioration of the relationship between TransPerfect co-founders Phil Shawe and Elizabeth Elting, and a deadlock on corporate action that came to a head in 2015. Elting owns 50 percent of the company, and Shawe owns 49 percent. Shawe’s mother owns the remaining 1 percent and voted with her son.
Chancellor Bouchard ruled in 2015 that the feud left TransPerfect hopelessly deadlocked and ordered the company’s sale under a custodian’s supervision. Shawe, in addition to legal challenges, has since offered to buy out Elting’s half of the company, while his mother, Shirley Shawe, has offered to vote with Elting and hold a shareholders meeting to appoint new directors. Both offers have been rebuffed. Delaware’s Supreme Court upheld the chancellor’s sale ruling earlier this year.
Voss wrote that the discovery request filed on Tuesday relied on a provision in the sale order allowing court assistance in addressing problems encountered by the custodian. The same order declared that TPG employees “shall cooperate fully” with the effort, at risk of sanctions.
“Buyers must be assured that TPG and the custodian can and will make every effort to stop leaks. So too, advisors must be assured that efforts to intimidate them will not be tolerated,” Voss said. “In short, TPG employees cannot have license to try to undermine the sales process.”
Attorneys for the Shawes took no position on the discovery action during the teleconference. Elting attorney Kevin R Shannon of Potter Anderson & Corroon LLP said that his client shared the custodian’s concerns.
Philip Shawe is represented by Lisa A. Schmidt, Robert L. Burns and Nicholas R. Rodriguez of Richards Layton & Finger PA, Howard J. Kaplan of Kaplan Rice LLP, David B. Goldstein of Rabinowitz Boudin Standard Krinsky & Lieberman PC, and Martin Russo of Kruzhkov Russo PLLC.
Elting is represented by Kevin R. Shannon, Berton W. Ashman Jr., Christopher N. Kelly, Jaclyn C. Levy and Mathew A. Golden of Potter Anderson & Corroon LLP and Philip S. Kaufman, Ronald S. Greenberg, Jeffrey S. Trachtman, Marjorie E. Sheldon and Jared I. Heller of Kramer Levin Naftalis & Frankel LLP.
Shirley Shawe is represented by Jeremy D. Eicher, Thomas A. Uebler and Mark M. Dalle Pazze of Cooch & Taylor PA and Alan M. Dershowitz.
Pincus is represented by Jennifer C. Voss of Skadden Arps Slate Meagher & Flom LLP.
The cases are In re: TransPerfect Global Inc., case numbers 9661, 9686 and 9700, and Shirley Shawe v. TransPerfect Global Inc., case number 2017-0306, in the Court of Chancery of the State of Delaware.
Additional reporting by Matt Chiappardi, Brandon Lowery, Chelsea Naso and Vince Sullivan. Editing by Brian Baresch.
Below is a shocking and disturbing publication that was placed in the News Journal, on Thursday July 27th by the Citizens for Pro Business Delaware group. They are fighting the forced dissolution and sale of TransPerfect by Chancellor Andre Bouchard. My sources tell me the ad was also published in the New York Law Journal. Basically, this significant advertisement clearly lays out, for all to see, what looks to be the specific and outrageous billing orchestrated by the Court-appointed Custodian, Robert Pincus, who is Chancellor Andre Bouchard’s former business partner.
According to my reliable research, these grotesque expenditures are unnecessary and seemingly for the profit of Robert Pincus, his law firm, and his buddies at the expense and detriment of TransPerfect Global and its employees. Without itemization these unchecked bills are lumped together and paid by Court Order from TransPerfect’s coffers with the approval of Chancellor Andre Bouchard.
The bottom line is, if this can happen because of the arbitrary and biased decision by a rogue and inexperienced Chancellor, who through his seemingly nefarious actions is destroying the credibility of Delaware’s esteemed equity court — the Delaware Court of Chancery — by illegitimately giving his buddies a small fortune, Delaware will indeed, and in time, lose its incorporation bonanza and 1/3 of its income.
Shame on these people! It is an outrage for the courts to allow — much less condone such unchecked fee gouging — backscratching and cronyism for what looks to be pillaging of the bank accounts of a successful company. I again call upon lawmakers to stop what’s happening, require itemized bills to be filed, and force these firms to reduce their rates and stop this outrageous gouging!
As always your comments are welcome,
SEE the amazing advertisement below:
While jeopardizing Delaware’s $1.4 billion incorporation industry, Custodian Robert Pincus and other high-powered firms are profiting on the backs of TransPerfect employees.
Chancellor Bouchard’s relationship with Kevin Shannon of Potter Anderson is extensive and well-documented. My opinion is the TransPerfect case is worthy of Judicial Corruption and whatever those Philadelphia judges did recently to get hauled off by the Feds doesn’t hold a candle to what Bouchard has done.
Here’s my view of what I’ve witnessed:
· Bouchard and Shannon (of Potter Anderson) share a 20-year country-club friendship dating back to when they worked the same side of the Disney Ovitz $100 million severance case. · When Bouchard became a judge for the first time — right before the TransPerfect case — he had to give up his prestigious board seat at the St. Francis Hospital, and he picked his friend Kevin Shannon to take his vacant seat.
· Bouchard, in his first big case, sees Shannon’s name on the TransPerfect case. He assigns all the cases as Chief Chancellor and assigns Shannon’s case to himself so he can control the outcome, in my opinion. Isn’t that convenient folks? And, what a nice time to start paying back your friends!?!
· Bouchard’s bias shows, as he ridiculously rules in Kevin Shannon’s favor in two different aspects of the case, Merits and Sanctions. For the first time in history, he orders the forced-sale of a stock-based private company in a zero-witness case, simply on the word of Kevin Shannon. Again, not one person testified for Elting at trial — they all testified for Shawe — yet she won in a landslide!
· TransPerfect is an industry leader with twice the profit margins and twice the growth rate of its closest competitor. It has grown from just 2 people in 1992. It never had a year without growth and never a year without a profit. It is one of American’s greatest, business success stories. The company is not dysfunctional in any way and the testimony Bouchard cited to prove this, was totally plucked out of context.
· In the sanctions motions, after being railroaded by Bouchard for years, (Shawe lost 90% of all of the 50%/50% motions), Shawe motioned the Court for a criminal jury trial to fight what I’m sure he views as Bouchard’s corruption. What 25-year successful businessman requests and volunteers to subject himself to criminal conviction at the whim of a jury, on his own free will? None. This proves to me two things. 1) Shawe is innocent and the Sanctions are trumped-up by Bouchard. 2) Bouchard badly wanted to be judge, jury and executioner for this case for a reason – and his rulings have transfered a king’s ransom to Bouchard’s former law partners and other cronies. The numbers are astonishing, my friends! You would be outraged if it were you on the other side of Bouchard’s ruling! Believe me!
· Bob Pincus of Skadden Arps is billing $1,425 per hour as the Custodian/Receiver in Delaware… hiding his bills in lump-sum billings. Bouchard then approves them by Court Order, and then (employees have told me) Alvarez and Marsal, run over to the Accounting Department and waive a court-order in front of the poor check-cutter named Silvia – and scream they all need their bills paid immediately! Alvarez and Marsal (Pincus’ Court Appointed Consultants) demand payment for Skadden’s outrageous bills immediately with no review – and Pincus scratches their back the same way, with immediate bill approval and no detail required. This crazy operation is a grotesque and greed filled feeding frenzy that is breaking TransPerfect. I encourage investigative reporters to call TransPerfect, ask for Silvia in accounting, and ask her about this chicanery.
· In my opinion, Philip Shawe was denied a fair trial by Chancellor Bouchard. Although there are not jury trials in the Court of Chancery, they are supposed to be conducted under similar rules. Basically, I see this biased Judge as saying, “I’ll make the decision to fine you $7 million myself, even though no one testified against you, because I don’t like you.” He did not follow the law, in either the Merits or the Sanctions, which were all in favor of Mr. Shannon. Does Bouchard think the public are idiots? · There’s more: During the decision phase of the trial, when a jury would have been sequestered during a jury trial, what do Bouchard and Shannon do? They travel to New Orleans and make a public appearance together, co-paneling before law students at Tulane University. This is insane, folks! From this move alone Bouchard should have recused himself! What judge does public speaking appearances with one-side’s lawyer, while the case is being decided??
· It gets worse, and to me, this is the clearest evidence of wrong-doing in the judiciary: Bouchard orders a third of Elting’s trial fees to be paid by Shawe, and all Elting’s attorneys had to do was show their itemized bills, and had to take deductions – for things like mediation time and working on Shirley Shawe’s case – except one person, who didn’t have to produce ANY bills, and got a FULL 100% reimbursement without having to show anything. Can you guess who? That’s right: Kevin Shannon and Potter Anderson. He didn’t have to show his bills and Potter Anderson didn’t take a single deduction. In my view, this certainly looks to be an arrogant act by Bouchard to show such biased favoritism, with an unprecedented enrichment by Chancellor Andre Bouchard for Kevin Shannon and the law firm of Potter Anderson. It is truly the appearance of an impropriety. I say this whole thing should be turned over to the Attorney General, for investigation of both Bouchard and Shannon for possible corruption. The evidence couldn’t be any clearer.
· Bouchard’s decision to order the dissolution of TransPerfect is 8 pages long. It basically says that “ these guys don’t get along.” Therefore, Elting loses her offensive claims against Shawe. Shawe loses his claims against her “without getting to the merits” (my view is that this means that Shawe proved his case, but the judge is not going to rule for him anyway). And therefore, he is going to arbitrarily force an auction of this 3-owner company, because of a “Director Deadlock”. And he is going to give Kevin Shannon and Elting the maximum payout humanly possible, so the case can never settle.
· I have read other op-eds that blame the parties in this case for not settling. The bottom line here is, not being able to settle this case through reasonable negotiations, is indeed a circumstance obviously created by Bouchard, not the involved litigants. When a Judge intentionally uses nuclear weapons (when a fly swatter will do), and rules heavily against one party – a case can never settle under any circumstances. The deck was obviously and completely stacked by the Chancellor and in my opinion this is criminal.
· To give you a simple example of why this is all Bouchard’s fault (or worse, in my view, is his calculated and engineered plan)… Imagine two parties fighting over dollars, Party A says B is owed 0, Party B says he’s owed $1,000,000. Each party only has a million. The judge says, B, I rule you get $5 milllion, and A I’ll try to ruin your reputation with 106 pages of lies. B now has a ruling worth $5 million, but all their assets together are only worth $2 million. How can the case settle? What can A give B to settle? The answer is nothing. And this is the answer that makes the case never ending, and makes Bouchard’s inner-circle of cronies, rich at the expense of TransPerfect and Philip Shawe.
I urge the Delaware Lawmakers, the Delaware Bar, the Court of the Judiciary, the Attorney General… Someone must step in and stop the TransPerfect madness! Shawe, Elting, and TransPerfect don’t deserve Bouchard’s continued fleecing of the company – and neither does any future Delaware corporation. THIS GOES BEYOND JUST THIS CASE, IT AFFECTS FUTURE INCORPORATIONS IN DELAWARE WHICH IS 1/3 OF DELAWARE’S BUDGET ! I have read the whole transcript several times and interviewed many folks, here’s what is obvious: Did the litigants each write mean emails? Yes. Does the staff hate Elting? Yes. Is Shawe a tough, but good manager? Yes, And he’s respected and loved by the staff. By Bouchard’s new standard of dissolution… every corporation or partnership or law firm, where people fight on email or in the Board Room, could be taken over by a rogue Judge and auctioned off without notice or due process! It Is an illegitimate “TAKING” under the 5th amendment to the United States constitution.
There is a lot at stake here. Being an eternal optimist, I’d like to believe this $100 million dollars, Bouchard has already cost TransPerfect, and the next $100 million that his planned forced auction is going to cost — is all going to be paid back by the apparent bilkers. Think about it!!! A Delaware company, which has deadlock because of an even number of directors, comes to court for a solution, and rather than order the parties to appoint a third director and expand the Board — TransPerfect is forced to pay 1/3 of its value to legal fees, to the Judge’s inner-circle and to court-ordered consulting, accounting and investment bank fees. This is absurdity and sets a dangerous precedent that will ultimately hurt the State of Delaware which is already in huge financial trouble.
In closing, I will share more of my personal views: Bouchard’s handling of the TransPerfect case is completely insane and preposterous. Bouchard should face an investigation and potential impeachment. Kevin Shannon, Elting’s lawyer and Bouchard’s buddy, should also face investigation and possible disbarment. But all of this takes a back seat to the immediate issue of ending the environment of employee-fear that the Court appointed, Custodian (Chancellor Bouchard’s former business partner) Bob Pincus’s Nazi-like occupation and fleecing of this American success story. TransPerfect is a business being ripped apart by a Chancery Court that was supposed to be designed to protect businesses. Instead, the Chancery Court is lost at sea to the detriment of the State of Delaware, based on the current Chief Chancellor Andre Bouchard’s complete lack of a moral compass necessary to properly guide it. As always your comments are welcome. Respectfully Submitted, JUDSON Bennett-Coastal Network
Judson Bennett
Please note new e-mail address, [email protected]
Please note new Twitter account, https://twitter.com/Judson_BennettChancellor Bouchard is forever tarnishing the Delaware brand around the globe by his capricious, and in my opinion, illegal handling of the TransPerfect case. Bouchard’s “Implementation Order,” according to the Barcelona newspaper below, violates Spanish law.
With a 25% unemployment rate in Spain, apparently any merger or acquisition of this magnitude inevitably results in the loss of jobs. Under Spanish law, before any merger or acquisition can be contemplated — much less thrusted into an auction process — an in-depth study is required on how it will affect the employees. And if this is the law for Spain, it would not surprise me if each and every European country where TransPerfect operates (about 20 countries) have similar laws. Chancellor Bouchard, how do you say “I’m a Loco Gringo Judge” in Spanish? If this Order does in fact break Spanish law, I will be shouting from the mountain-tops for your impeachment (and don’t say later that you weren’t on notice, because you are on my email list).
The Chancellor and his designated henchman, Custodian Bob Pincus have shown their real-world inexperience and naivety, and it is magnified ten-fold when dealing with the complex issue of global business and European employment law. How is it that a former Delaware River Pilot and former Lewes City Councilman like me can see that Delaware’s court system has fleeced this company out of $100 million, is destroying our state’s business-friendly reputation worldwide and threatens our entire economy while raising the dark shadow of possible corruption… and no one in Delaware seems to care??
I for one want to see the reputation of Delaware saved and restored to its former glory, and the negative publicity that Chancellor Bouchard is creating erased, as it is the greatest immediate threat to our already weak economy!!
See the story I’m referring to here:
http://www.aldia.cat/espanya/noticia-experts-afirmen-jutge-cas-transperfect-vulnera-seva-potestat-jurisdiccional-20170713125427.html
Experts claim that the judge of the case violated his judicial power Transperfect
Posted 13/07/2017 12:54:27 CET
The group fears that a possible sale affecting their jobs
BARCELONA, Jul 13. (AFP) –
The judge of the Supreme Court of Delaware, André Bouchard, is in violation of the limits of its jurisdictional authority and violating rights to privacy and freedom of expression template Transperfect in Barcelona, according to experts consulted next to the multinational translation and dubbing.
The operational center of Barcelona, which has 500 employees, is the second largest company and is leading the creation of a European works council level, bringing together 26 centers for social dialogue interlocutor was against any change organizational occur before the conflict remain founders.
Judicial sources have said that the “Implementation Order” he declared at the beginning of the conflict carries important implications not only for legal workers Transperfect United States, but especially for the operational center of Barcelona.
This battery of legal measures would be out of power and influence Bouchard is an “overreach its powers”, say experts, recalling that Robert Pincus, judicial administrator appointed by Bouchard for this transition period would be acting as if “under the order issued by judge implementation, workers in Spain were under his supervision and order,” which is contrary to law.
Under this tax, remember, Barcelona Transperfect workers are required to contribute to the risk of sanction the sale of the company and can not do evaluations, despite knowing the consequences it could have for the center of the Catalan capital.
A few months ago, the Supreme Court of Delaware ordered the forced sale of Transperfect to resolve the conflict between the shareholders founders Elizabeth Elting and Phil Shawe.
According to sources close to the most likely sale of a multinational private equity funds could lead to the relocation of Transperfect 90 centers worldwide and threatens 500 jobs in the company in Barcelona.
As you’ve been reading, I’ve been writing about what I see as obvious cronyism between Chancellor Bouchard and attorney Kevin Shannon of Potter Anderson here in the TransPerfect case in Delaware. The biased nature of Bouchard’s decisions through out the case are real and unquestionable.
It’s not easy to dig up new information and I don’t exactly have the tools at my disposal that an investigative journalist a major media outlet has, but I have just learned about the most insidious tie I’ve learned of to date between Chancellor Bouchard and Shannon (the lead attorney for co-CEO Liz Elting of TransPerfect) that, of course, was never disclosed before trial. I call it “St. Francis-Gate.”
Records have already shown Chancellor Bouchard, while in private practice, not only worked with Kevin Shannon on several matters over the years beyond the infamous Disney case. But perhaps most shockingly to me, Bouchard, when he was a senior officer on the Board of Directors at St. Francis Hospital, hand-picked Kevin Shannon for the prestigious Board seat vacancy that he left, when Bouchard had to give up his seat to become a judge. Let me tell you , this is breaking news, and it stinks.
It is no coincidence that Kevin Shannon, who has been bestowed windfall after windfall by Bouchard from the Chancellor’s chair, was moved up to take Bouchard’s prestigious St. Francis board seat vacancy.
The law is clear: Delaware’s Judicial Code of conduct requires that a judge is to disclose any potential conflicts of interest to the litigating parties including what could amount to the appearance of impropriety so that any of the parties can exercise their right to move for the judge’s recusal. This statute was designed to protect not only the litigants but the integrity of the judicial system in Delaware.
Want more proof? Relationship Science is an independent site that tracks people with common business and social interests. Part of their slogan is: “We bring science to the art of business relationships.” Check out the science of Kevin Shannon.
Relationship Science
Relationship Science only connects Shannon to just 34 other people and, among his closest 34 personal connections, you guessed it, Chancellor Andre Bouchard: Let me take a small victory lap for uncovering St. Francis-Gate and the Bouchard-Shannon Board Seat, seemingly payola connection. I have been building reliable information sources in Delaware for over 50 years, and I want to thank them for providing me with vital leads to run down. I knew there was something wrong here, and the more I dig, the more it becomes painfully obvious that Bouchard’s agenda does not appear to be justice.
Clearly Bouchard and Shannon have a long history of close connections together and in my learned and informed opinion, if we were in any other State but Delaware, this Chancellor never would have stayed on this case. The blatant disregard for ethics and corruption in Chancery is beyond belief, as I see it! Although now living in Palm Beach, I will always be a concerned Delaware citizen at heart. I am indeed concerned about the reputation of the Delaware Court System.
This Chancellor, also as I see it, unethically did not disclose his friendship or former business connections with Shannon. He even made a public appearance with, and co-paneled together with Shannon, on a New Orleans legal boondoggle, during the decision stages of the litigation in the TransPerfect case last Spring.
Justice Leo Strine
So Leo Strine picks Bouchard to fill his Chancellor vacancy, in turn Bouchard picks Shannon to fill his St. Francis Board seat vacancy. According to various sources, Bouchard was socializing with both Shannon and Judge Leo Strine (who affirmed Bouchard and ran out Shawe’s attorney team clock at oral argument) at the Tulane legal boondoggle last year. By the way, I hear Kevin Shannon is not appearing on the Tulane panel for the first time in recent history, so this too could be tacit admission of his misdeeds last year?
Bouchard never disclosed his relationship, hoping an investigative writer like me would not find it. Well I’ve been sniffing and I’m smelling smoke here.
Then, predictably he proceeded to rule against Philip Shawe, although zero witnesses testified against him, in the most draconian rulings ever made in U.S. history. According to my sources, Bouchard did not allow email evidence on the company’s public server of a plot to manufacture deadlock by Elting and her attorneys, to be presented in Court.
As seen below the Code of Judicial conduct is clear.
DELAWARE JUDGES’ CODE OF JUDICIAL CONDUCT 2008 CANON
1. A judge should uphold the integrity, independence and impartiality of the judiciary. RULE 1.1 Compliance with the Law. A judge should respect and comply with the law, including this Code of Judicial Conduct.
Comment: Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. Although judges should be independent, they should comply with the law, as well as the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code diminishes public confidence in the judiciary and thereby does injury to the system of government under Rule l
RULE 1.2 Promoting Confidence in the Judiciary.
(A) A judge should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary and should avoid impropriety and the appearance of impropriety in all activities.
Comment: Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions that might be viewed as burdensome by the ordinary citizen, and should do so freely and willingly. The prohibition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of a judge. Because it is not practicable to list all improper acts, the proscription is necessarily cast in general terms that extend to conduct by judges that is harmful, although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules or other specific provisions of this Code.
The test for appearance of impropriety is whether the conduct would create in reasonable minds, with knowledge of all the relevant circumstances, that a reasonable inquiry would disclose, a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired. In conducting such activities, the judge should act in a manner consistent with this Code.
(B) An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining and enforcing high standards of conduct, and should personally observe those standards, so that the integrity, independence and impartiality of the judiciary may be preserved.”
It’s time for the legislature to appoint a special commission to investigate this whole situation. It is clear to me that this case was poisoned for the Shawes before they even walked in the courtroom. This explains why Kramer Levin, Elitng’s primary counsel in New York chose as their Delaware counsel, Kevin Shannon since they had all served as co-counsel in the Disney case, one of the biggest cases in the history of Delaware and of course Bouchard was co-counsel as well.
Delaware’s reputation was called into question this week by an article that came out on March 20 in The Wall Street Journal. The article, “Dole and Other Companies Sour on Delaware as Corporate Haven,” notes that Delaware’s business-friendly reputation is no longer justified. The last thing Delaware needs now is the Chief Chancellor being allowed to engage in unchecked judicial action which in my opinion can easily be construed as corruption. The judicial branch is the least democratic of all of our government, and a recent poll showed 70% of Delawareans disagree that the Court should have the power to force the sale of a profitable company.
I again call upon the legislature to act.
Stay tuned.
Best regards,
JUDSON Bennett
Please note new e-mail address, [email protected]
Mother of TransPerfect Owner Offers King Solomon’s Solution
Folks, take a look at the story below and tell me that the TransPefect workers’ prayers have not been answered?!
Now there is only one question to be answered, in my humble opinion. Will Chancellor Bouchard keep his hand in TransPerfect’s cookie jar? Will he continue to try to enrich his friends? Could there be a more apt platform to expose corruption?
I have been telling you now for almost two years, I think Chancellor Bouchard is crooked as a $3 dollar bill, well now the true and ultimate test as to whether my controversial allegations are correct or not will be tested.
YOU HEARD IT HERE FIRST: Rather than ending the case, I predict Bouchard will not allow Shirley Shawe to vote with Elting if indeed the Co-CEO agrees. I hope I’m wrong and Bouchard does the right thing and ends the litigation and removes the court from the affairs of a private company, but from what I’ve seen from this case so far, I just don’t see it happening. I truly hope I’m wrong here.
If he does let justice prevail, that would cut off the gravy train of money flowing to his Delaware cronies. My prediction, and again, I hope I’m wrong, is that Delaware’s Chancellor Bouchard will not allow an easy solution to a problem he can continue to make complex, obscure $15 million in crony bills from the public, and milk this successful company for every last dime. In my opinion, I bet dollars to donuts that Bouchard and his court-appointed, apparent henchman – Bob Pincus, who is serving as the tie-breaker at TransPerfect between the CEOs for when they disagree, will find some twisted rationale for continuing to force the sale of TransPerfect. It would be a shame when there is an easy solution now.
I observe, what I believe is the unethical fiber that drives Bouchard and I don’t see him allowing the case to settle. But when you think about it folks, now there is absolutely no reason to have a sale or more litigation. There is no longer a reason to force a sale of the thriving business that is TransPerfect, which brought in more than $500 million in revenue last year, even as this court case dragged on.
I see this dreaded and crony-money-making gravy train continuing. And if indeed it does, if this isn’t a sign of corruption, what is??!! The legislature and people of Delaware must stand up to Bouchard, and allow this peaceful and amicable solution offered by Shirley Shawe to go through. In my opinion, we cannot stand idly by and let our beloved state of Delaware appear any more corrupt — especially after the “The Center for Pubic Integrity”, which won the Pulitzer Prize in 2014, graded our state’s Judicial Integrity an “F” — we must take a very hard look at this “leader” of our court of “equity”.
This will prove it folks-one way or the other. Again, I hope I’m wrong and Chancellor Bouchard, does what is right here to save this company! Who knew it would not be the judge to invoke the wisdom of King Solomon to save the company, but it would come from the most unlikely source, a 1% shareholder. Shirley Shawe, a mother who is trying to fix what is broken here, will put the baby with the wrong parent — in order to see the Delaware Chancery saw it in half, and continually pillage it for millions each month. Kudos to Shirley Shawe for offering to put the company and it’s 4,000 workers first — even ahead of her son.
Deadlock broken Court not needed
Shirley Shawe made it clear she’s had enough of this bizarre fight. “This has gone on for too long,” she said.
Folks, it will be interesting to see if 1) Elizabeth Elting accepts this amazing resolution offer by Shirley Shawe or will her apparent greed surpass the genuine and moral righteousness of the offer to keep this company from being sold to the detriment of 4000 employees? and 2) will Chancellor Bouchard deny it and allow the fleecing of TransPerfect to continue until the company is sold at auction?
As always, your comments are welcome.
Yours truly,
JUDSON Bennett-Coastal Network
[contact-form][contact-field label=”Name” type=”name” required=”1″ /][contact-field label=”Email” type=”email” required=”1″ /][contact-field label=”Website” type=”url” /][contact-field label=”Comment” type=”textarea” required=”1″ /][/contact-form]
Dear Honorable House Speaker Pete Schwartzkopf, Honorable Senate President Dave McBride, Minority Leaders- Honorable Representative Dan Short and Honorable Senator Gary Simpson:
I urge you to open bi-partisan, public, investigative hearings into alleged corruption in Delaware that according to “Transparency International” is rampant. Certain aspects of the State of Delaware have become a bedrock of corruption according to some in regard to the corporate registration system.
Frankly, from my research in the TransPerfect case, I truly believe there were irregularities in the Court of Chancery and that Chancellor Andre Bouchard, whose decisions and allowances have apparently created a legal fleecing of this great company to the tune of $15 million dollars in one year, needs to be investigated as well. What secret arrangements might have been cut in the back rooms of the Delaware Justice system?
Has Delaware become a haven for secret deals and unethical operations? Below is a quote from “Transparency International” which is shocking, but after my experience with the TransPerfect case and my thorough and complete observation of Chancellor Andre Bouchard’s method of operation, I believe anything is possible now.
QUOTE FROM THE “TRANSPARENCY INTERNATIONAL” ARTICLE:
“Normally, when one of our 50 states gets singled out by an international body of some consequence, you would hope it would be good news and something that the locals would brag about. But that’s not likely to be the case with Delaware’s recognition by “Transparency International” this month as one of the world’s best examples of “grand corruption.” The dubious distinction comes in recognition of the state’s “laissez faire”, corporate registration system, which critics say provides corporations, fraudsters and wealthy individuals secrecy and asset protection that puts it on a footing with notorious tax havens like the Cayman Islands.”
How Delaware became an American haven for “grand corruption”
Please click on the link below and consider the big picture for Delaware’s future based on these accusations. Again, I urge you to conduct hearings on all of this that include the TransPerfect case adjudicated by Chancellor Bouchard.
The Delaware Supreme Court decision against TransPerfect Global co-CEO Philip Shawe yesterday is no surprise. The DSC is dominated by Leo Strine (who picked his own protege, Andre Bouchard, to fill the vacancy he left in Chancery) and his bullying of the other justices is well-known in Dover (he’s turned over the entire bench –meaning made them all quit — in a 2-year period). Having read the briefs, it is my opinion that C.J Seitz didn’t write the brief that bears his name, and the real author was Strine — but it seems that may be the way to avoid appearances of improprieties in the Delaware Judiciary. Once again in this case, it smells like backroom business as usual in our small state. A couple of observations:
* Kudos for the only real jurist on the bench with the nerve to stand up to Strine, Karen Valihura, whose Dissent should be heralded as one of Delaware’s most brilliant pieces of legal work of our time. Unfortunately, it’s the minority, but it is a blueprint for Legislators and the Bar Association to fix the obvious ambiguity in the law that the Chancellor slithered through to commit this travesty of justice. Valihura could have just gone along with the pack, but she didn’t. Her Dissent is 35 pages of brilliant legal analysis backing up Shawe’s position, and vindicating what I and others have been saying all along.
* Shame on Strine for, instead of drawing any real legal conclusions, just reciting the same, tired witness-less and fictional narrative of Bouchard. And, for acting like a child during the oral arguments. And, for not having the courage and decency to put his own name on papers he most likely wrote.
* Shame on the other 3 DSC justices for, in my opinion, letting themselves be pushed into Strine-following zombies, when they must know Valihura’s Opinion is correct and far superior.
* Shame on Bouchard for, what I view as, his obvious corruption in this decision. He should read Valihura’s reversal of his decision to figure out how he is supposed to do his job. He hasn’t a clue. The job of a judge isn’t to pay back your friends; it isn’t to make peace with Strine to get him off your back; it’s only one thing, the dispassionate administration of justice — and it’s not what happened in the TransPerfect case. Bouchard makes his pack of parasite pals richer and richer each each passing day by scuttling settlement possibilities, stuffing TransPerfect to the gills with lawyers and consultants all charging between $700 and $1,400 per hour. $15 million a year is being stolen from TransPerfect by a legal ruling that reeks of corruption, and DSC has put it’s stamp of approval on this. It makes me want to vomit.
More on this decision, and it’s dark and shady origin to come. But to leave things on a positive note: Hooray for Delaware Supreme Court Justice Karen Valihura, one of two Republicans on the bench. I salute her for brushing off what must have been tremendous pressure from Strine and the establishment to go along with wrongly supporting Bouchard — and more importantly — for being a honest champion of Delaware Law, holding true to what the Legislature intended in our statues- honoring the separation of powers, respecting the Delaware and U.S. Constitutions, restoring what little faith I now have in our cronyism-based legal system, and having the courage to speak the truth.
Strine has had his day and shown his true colors with the TransPerfect case: Karen Valihura should be the Chief Justice!
Your comments are welcome.
Always for Delaware and respectfully submitted,
JUDSON Bennett-Coastal NetworkJudicial activism–or judicial overreach, as it is sometimes called–refers to judicial rulings suspected of being based on personal or political considerations rather than on existing legal precedent. The scary thing about a situation like this is that in the law, when such a decision is upheld, it is tantamount to legislating from the bench, in effect, creating new law, which is not the responsibility of the judiciary. Law-making is supposed to come from the legislative branch of our government, in order for our democratic system to work as it should.
In Delaware’s renowned Court of Chancery, famous for resolving corporate disputes equitably, Chancellor Andre Bouchard’s rulings in the TransPerfect case have indisputably gone wildly beyond what is fair and equitable, and obviously been adjudicated from his personal bias, rather than applying the law appropriately. In my opinion his actions in this case, besides obvious appearances of impropriety, make him seriously suspect.
1) How does declaring an internal dispute between stockholders equate to irreparable harm, when TransPerfect continuously makes tremendous profits?
2) How does this judge justify ordering the sale of this profitable company for the sole benefit of one stockholder because of his personal bias? Is it because he is scratching the back of his cronies at “Skadden Arps” to raid the company coffers, and siphon off TransPerfect profits under the false premise of “helping” the company, which is already the leader in it industry?
3) How can Bouchard legitimately sanction the defendant in this case an unprecedented $7.1 million dollars based on the concept that he attempted to spoliate documents. No concept exists in the law. Either evidence is destroyed or it is not. Shawe’s e-discovery expert, and 3 other experts testified Shawe saved all evidence appropriately.
Bouchard’s rulings are carefully crafted to avoid the word “spoliation” because Elting did not and could not prove her case. Regardless of the evidence, Bouchard sought to punish Shawe by grabbing headlines with deceiving rhetoric, such as Shawe “deleted” certain evidence. Not true, folks!!!
Are we to believe that the Chancellor could be so technologically inept, that he failed to understand that once data is “preserved” – in this case with a mirror image – the gold-standard of evidence preservation – that it can no longer be “deleted”? No. We should not be fooled. Bouchard sought to illegally issue punitive sanctions and destroy Shawe’s reputation based on headline-grabbing rulings which were patently false and grossly misleading.
4) How can Chancellor Bouchard award $1.4 million dollars to the plaintiff’s attorney (his personal friend!!) to be paid by the defendant without so much as an itemized bill from Kevin Shannon at Potter Anderson. I guess this is the treatment you get when you travel to New Orleans with a Chancellor, socialize together, and make public co-paneling appearances – In the middle of the case, when Chancellor Bouchard, who is the entire judge and jury, would normally be sequestered in a non-bench trial. But Bouchard was not sequestered, when he decided this case, he was traveling on taxpayer money to New Orleans to attend a boondoggle at Tulane University with Elting’s attorney. Are we expected to be naive enough to believe this boondoggle with Shannon, didn’t influence Bouchard, when weeks before he promised a “measured” decision. No folks, we aren’t, this has the appearance of corruption by Andre Bouchard, and it should be investigated.
5) How can Chancellor Bouchard appoint another friend and his former law partner, as a Custodian of TransPerfect, and then allow him to charge $1,400 per hour with no limit whatsoever. Did he do it to benefit his friend Bob Pincus, and his former law firm, for some pay-off down the road? Bouchard has allowed Skadden Arps to bilk TransPerfect to the tune of over $3 million dollars?!? ….in a single year?! For attending a board meeting once a month?? I am amazed and appalled at this seemingly, blatant attorney misuse of TransPerfect’s hard-earned dollars. Money that should and could be going for raises for the TransPerfect staff, is instead going directly into Pincus’ pockets … all approved by Chancellor Andre Bouchard. Talk about the appearance of impropriety – Wow!. It is a disgrace and it must stop!
6) How can this Judge not be required to know the U.S. Constitution, and sign an order violating the First and Fourth Amendment rights of TransPerfect’s thousands of U.S.-based employees?!? … and get away with it. The law firm of Skadden Arps, through his former law partner Bob Pincus, is an arm of the court and Bouchard has granted him sweeping powers to fire, sanction, or fine any employees that talk to the press or don’t want to give over their private emails, phones or records. The Chancery’s unprecedented sale order granting Pincus never-before-granted sweeping powers to punish at will – is a blatant disregard of the “due process” requirements of the U.S. Constitution, and has created an atmosphere of fear and discord at TransPerfect? The workers deserve better.
Someone must stand up to Bouchard, the omnipotent-bully Chancellor, who apparently seeks to punish those who speak out against his controversial actions and decisions. I have talked with enough employees to know this is not a stretch of anyone’s imagination. TransPerfect’s in-house counsel was forced to choose between doing Pincus’ illegal bidding or quit her job. Amazing stuff going on in this company folks that is fodder for a best-seller.
Shockingly, this is just the tip of the iceberg, as each and every successive ruling I examine by Chancellor Andre Bouchard seems to have no basis in law, but reeks to holy hell of his possible, personal bias, cronyism, and desire to enrich his friends.
I have now spoken to many attorneys (who are afraid to speak out), who have told me they have never seen a Chancellor or Judge rule so obviously and consistently against one litigant, when indeed the evidence, overwhelming and indisputably stated the complete opposite of his rulings.
I urge the Delaware legislature in its upcoming session to order the Court of the Judiciary to investigate Andre Bouchard for possible wrongful acts, and to make a law that requires STANDARDS that must be followed when the Chancery Court makes custodian decisions in the future. I’m told in New York, they spin a wheel to appoint Custodian’s to prevent this sort of thing from happening. Why not spin a wheel in Delaware? Make it a random appointment instead of creating the possibility of corruption?
This all amounts to not only harming and risking the jobs of 4,000 TransPerfect jobs, but also possibly destroying millions of dollars of Delaware capital that is derived from Delaware’s incorporation fee bonanza, which is now seriously at risk. Ruining 4,000 people’s lives will not go down easy for the State of the Delaware, when the only tangible result has been to enrich the law firm of Skadden Arps and their consultants, and investment banker friends.
If the Delaware Supreme Court refuses to recognize what is happening, because of the hometown relationships there – the Delaware General Assembly MUST step in and do its duty. It must protect our state’s image and economy – and cannot allow this rogue and apparently unprincipled Chancellor to create these appearances of impropriety which will kill Delaware’s very profitable corporate franchise. We need to give this situation proper consideration, and investigate.
Delaware’s judicial reputation is truly at stake over the next month. It is time for Delaware to show the world that it will not allow Chancellor Bouchard’s cronyism to conquer justice.
A Checkered Past
For those who may not know, since October of 2015, I have fervently questioned Delaware Chancellor Andre Bouchard, who prior to his appointment to the bench was a Democratic activist, over his appointments for the position of Chief Deputy for the Register of Wills Office in Sussex County, Delaware. I challenged him for appointing three democrats (possibly political favoritism) over more accomplished personnel already within the office of the Register of Wills. Since the appointments, each of them have failed in their duties and have since been replaced, one after the other.
Instead of following the recommendation of the elected Register of Wills, Cindy Green (a Republican), who highly recommended a competent, experienced, electronic-filing expert already employed within the system, Bouchard has created dissension and multiple problems resulting in delays for people needing to get their estates in order. Hopefully Bouchard’s next appointment will be better. Following this background is another situation involving a current case in Bouchard’s Court, which I find interesting:
TransPerfect
I have been made aware of a Delaware corporation operating in New York City that is in litigation in Delaware’s Chancery Court. The Honorable Chancellor Bouchard is presiding over the case. I have obtained significant documentation, letters, affidavits, and so on. The company’s name is TransPerfect Global and it is owned by Phillip Shawe and Elizabeth Elting. Elting (the Plaintiff in the case), wants to sell her half of the business, but she wants more for her stock than it is worth. She wants the controlling share. Shawe wants to buy her out and keep growing the business, but Elting will not agree, so hence, the Chancery Court has taken over. When these things happen, equity is supposed to reign, not arbitrary and capricious rulings which may end up destroying a viable American company.
What would you call a situation where a Delaware Corporation named TransPerfect Global, a very successful $600 million dollar company that employs 4000 people, is being forced by the Chancery Court to be sold because one stockholder chooses to be greedy? Delaware’s Chief Chancellor, Andre Bouchard refuses to address the evidence presented to him, and force an equitable sale to the willing partner, but chose to dissolve the company.
I call it inequitable, especially when the company will most likely be put up for sale and thousands of jobs will be lost. Does this sound equitable?
Bouchard installed a custodian who is a friend of his, and that man, Bob Pincus, received a detailed letter from 75 senior staff members at TransPerfect asking him and the judge not to sell the company. They asserted faith in Shawe as a manager and their roles in keeping the company in great financial standing. Pincus, a former Partner of Bouchard’s at “Skadden Arps”, chose not to share the letter with Bouchard. Instead, he claimed that he got “a letter from some of the staff” airing their grievances.
Instead of refuting Bouchard’s claim that the company is in disarray, Pincus failed to disclose the fact that 75 top employees expressed concern over the court forcing a sale, and demonstrated that the company is running smoothly.
These employees also made an offer of $200 million to buy out Plaintiff Elizabeth Elting. Understanding the amount is less than 50% of the company’s worth, and less than the figure Shawe offered to Elting, which she turned down, the point is that the employees were willing to put their own money up because they trust Phillip Shawe to run TransPerfect.
Chancellor Bouchard apparently is not considering this in his assessment. From his rulings so far, he has empowered himself by declaring the successful firm in harm’s way.
Affidavits on public file in a NYS court were also handed to Bouchard showing over 175 employees’ outstanding opinions of Phillip Shawe as a manager who cares about his company. Folks, as Shakespeare once said, “Something is rotten in Denmark.”
What do you call it when the temporary court appointed custodian, a man named Bob Pincus, is appointed to run the company by Chancellor Bouchard and it turns out that Pincus just happens to be a friend of Bouchard’s? I call it cronyism, scratching the back of your buddy.
Pincus, according to the evidence and complaints by the current company employees, has unnecessarily spent millions of dollars in ridiculous consulting fees, all while running up the cost of the litigation. Ouch!!
Particularly outrageous, is that Bouchard recently appeared on a Tulane Law School panel discussion with Plaintiff Elting’s attorney, Kevin Shannon a couple of weeks ago in New Orleans at Tulane University (* a reference is provided below). The “jury is still out” in this case and Bouchard is the sole jurist. Their joint appearance certainly has the “appearance of impropriety” and should be cause for Bouchard’s recusal from the case. Additionally, the impropriety could be justification for an appeal or even a sanction from the Delaware Bar Association?
What do you call it when Chancellor Bouchard appears on a public panel in New Orleans with the plaintiff’s attorney? I call it impropriety, especially when Bouchard is about to decide the fate of the defendant in the case.
Under Delaware law “the appearance of an impropriety is as bad as the impropriety itself.” Bouchard should recuse himself from this case. It appears from the evidence, pleadings, and denials I have reviewed that Chancellor Andre Bouchard continuously plays loose with not only fairness and equity, but also with propriety and ethics.
From my perspective, the concern here is that Delaware depends on its corporate fees to fill its coffers. Delaware is known as the corporate state. When its equity court, the Court of Chancery, becomes compromised by poor decisions and the appearances of impropriety, then why would people continue to incorporate their businesses in Delaware? This should be of great concern to our legislators, our business people, and all of our citizens. Delaware’s economic growth is depleted enough as it is.
There is much more to come on this topic and this is the primary salvo. This is an interesting scenario – and a first of its kind – whereby a viable business could be forced out of business by the judicial branch of Delaware’s government.
I have sent my opinions to Chancellor Bouchard, who is supposed to rule on this case on April 27th. I am curious to see what happens, however all indications from the previous pleadings and denials which are public record indicate that the company will go on the auction block and could be eventually outsourced abroad, killing thousands of American jobs.
Folks, this is not what America is supposed to be about. Indeed, I find this possible scenario most disconcerting.
Your comments are welcome and subject to being forwarded.
Respectfully submitted,
JUDSON Bennett-Coastal Network
Below is an editorial by Candidate for Governor of Delaware, Senator Colin Bonini. While I have been covering the injustice and importance of the TransPerfect case (in Andre Bouchard’s Chancery Court) for months, I am happy to see the story resonating with experienced politicians and leaders. The danger to Delaware’s reputation is real, as Bouchard and his cronies are jeopardizing the company’s future.
The world watches as a ROGUE Judge gambles with our state’s economy with his wacky decisions, by turning off potential incorporators. Kudos to Senator Bonini for being a true leader, challenging the establishment when needed, and giving a voice to the 4,000 workers and families, who Chancellor Bouchard has turned his back on. Delaware cannot afford to risk its business-friendly reputation, and its Corporate Franchise base.
Please read below:
Bonini: Delaware must learn from TransPerfect case
Delaware has a long and well-deserved reputation as the state where businesses come from around the globe when they need somewhere safe, reliable, and reasonable to incorporate their businesses – and livelihoods. They trust our state and our judicial system to help keep their businesses up and running. In turn we reap the tremendous benefits of this industry that helps drive our economy and pay for many of our government services. Indeed, almost a third of the revenue our state government receives comes from business-related revenue. Our corporate laws and our courts are something all Delawareans should be proud of and we need to make certain Delaware’s predominance in the corporate world continues.
But earlier this year, our chancery court ruled that a company, TransPerfect, which is incorporated here in Delaware, should be broken up and sold. This despite TransPerfect being very successful and profitable and, indeed, reporting record-breaking revenues that have invariably improved every single quarter. The legal situation regarding TransPerfect is complex and has received much media attention over the last several months and there are many facets of the case that make it unique.
Not being a party to the case, I, of course, do not have knowledge of the specifics that the court is reviewing and certainly do not question the credentials of our court, but I am concerned that our reputation as a business-friendly state may suffer if TransPerfect is sold and broken up to the detriment of the owners and employees.
On June 29, I sponsored Resolution 91 in the State Senate to ask the Delaware Bar Association to review potential changes to our existing law so that the court may have more options in cases like TransPerfect. In my opinion, our laws need to be flexible enough so that successful, profitable, companies like TransPerfect will not be dissolved by the courts in our great state. I did this for the sake of not only the employees of TransPerfect who may lose their jobs and their families’ livelihoods because of this situation, but also for the Delawareans who too may suffer if we do not change the law. In this competitive market, the ripple effect of companies currently incorporated in Delaware could be those companies abandoning our state for safer and more reliable states if they perceive Delaware to not be as business friendly as in the past. This flight could be devastating to our economy.
TransPerfect has more than 4,000 employees in more than 100 cities. These people are obviously concerned about what may happen to their company and their careers if TransPerfect is broken-up and/or sold. A group of TransPerfect employees, business people and concerned citizens have banded together more than 1,900 strong to form “Citizens for a Pro-Business Delaware” to push for changes in the way situations like that of TransPerfect are handled in Delaware.
I believe they have the absolute right, as any of us do, to advocate for their cause to members of the General Assembly and to participate in our political process as they see fit. I am very disturbed and disappointed to see the chancery court attempt to stop these employees from exercising their first amendment rights. I proudly stand with Citizens for a Pro-Business Delaware.
Today, I ask for your help. Please go to DelawareForBusiness.org to sign the Citizens for a Pro-Business Delaware petition and to get more information on this critical legislation. Their futures – and ours – depend on it.
State Sen. Colin Bonini, R-Dover South, is a Republican candidate for governor.
TransPerfect Case Exposes the Risk to Delaware Economy from Bouchard’s Unchecked Power
William Shakespeare in his play Henry VI, incorporated (no pun intended) through his character “Dick the Butcher”, the famous line “The first thing we do, is kill all the lawyers”. Even today, lawyers themselves often smile at the inference made by Shakespeare about the perceived opinion so many citizens have about the ethics, standards, and practices of the legal profession. Unfortunately, when we need a lawyer, it is an expensive proposition. I know this to be true from personal experience as do many of my readers. The bottom line is that most attorneys will take either side in a civil matter as long as the money is there. In my mind, having to hire a lawyer to protect you is a necessary evil, because even your advocates are incentivized for a long, drawn-out, and financially draining process.
The only protection we have when we find ourselves entangled in a legal situation is the hope that the Courts will rule fairly and equitably. The lawyers are supposed to operate under strict ethical guidelines established by the Bar Association. The Judiciary is supposed to be held to an even higher standard, being impartial, unbiased, fair — without the appearance of impropriety, much less impropriety itself. When that does not happen, then it becomes a form of corruption leading to a loss of confidence in the judiciary system. In Delaware, the TransPerfect case has many in our state questioning the ethics of Andre Bouchard, the Chief Chancellor himself. When this happens, our democratic process becomes tainted, constitutional rights to a fair trial are trampled, and the damage to a company, the litigants, and the operation can be irreparable.
All this being said, Chancellor Andre Bouchard seems to have gone beyond “abusing his discretion” in the TransPerfect case. In my opinion he has obliterated it from any objective consideration. He has set a frightening standard for all Delawareans, which is of significant concern to our state. I have been writing regularly about this case in an attempt to bring Bouchard’s actions out of the shadows and into the light, as he single-handedly not only endangers TransPerfect, a private profitable Delaware enterprise — but also endangers Delaware’s corporate bonanza, which is responsible for 25% to 33% of our entire state budget. What happens if the money goes away? Bouchard will remain perched on his arrogant mountain, after recently entering the judiciary via a political appointment vs real bench experience. Indeed, he will not suffer, while the average man, woman, and child in Delaware stands to be meaningfully impacted by the rogue nature of his decisions.
The question is: Should a rogue Judge, through his capricious, arbitrary legal decisions, be able to sell off a successful company that employs 4,000 people for no good reason? Or should Bouchard be held accountable for his complete disregard of the law and precedence, his audacious appearances of impropriety during the case, his unreasonable — unheard of — and wholly-unsupported sanctions, and his complete disregard and disrespect for all true evidence in the case? Should he be permitted to cherry-pick testimony out of context to “back into” his desired (and predetermined result)? Simply put, in my opinion, to not hold Bouchard accountable for his actions of possibly destroying years of the Chancery Court’s sterling reputation, and turning it into a Kangaroo Court — as it has done during the TransPerfect case, would be an injustice. This may be my subjective opinion, but it is based on objective observations from many days of intense research which I have devoted to this case. Why? Because I believe Delaware deserves to know how Bouchard operates, and how his judicial overreach can damage our state.
Why the hell would any business owner incorporate in Delaware once they’re aware of Bouchard’s rulings? Businesses want stability and predictability. In this case, one shareholder, without a controlling share, ran into Court, produced no witness, spewed self-serving nonsense — and is now getting the company dissolved and auctioned off?! Who would take this risk by incorporating here? It is just a matter of time before Bouchard’s reputation for destruction starts taking more and more food off the table of the average Delawarean.
In brief, let us look at the facts:
1) A woman gets mad (Elizabeth Elting) and sues her partner Phillip Shawe in the Delaware Chancery Court.
2) Judge orders the company to be sold which makes $500 million a year – causing 4,000 workers and their families uncertainty – and the distinct possibly of losing their jobs.
3) There is no evidence of “irreparable harm” (the false hook Bouchard used to seize the company and install his cronies), is absurd. Bouchard himself admitted that since Elting and Shawe have fought for many years, his ruling was speculative in nature! It is outrageous — and folks — this cannot be what the Delaware Legislature intended!! In the “Harm” Section-226 of the Delaware law, is an indication that to show harm is something Bouchard must have evidence of — instead, he tells the world he’s “guessing”.
4) The company has 3 stockholders — ruling is undisputed, yet Kevin Shannon of Potter Anderson somehow convinced the judge that Shawe’s mom was not a real person, and not entitled to her own independent vote. There’s nothing in the evidence record that says Shirley Shawe will only vote with her son — another key ruling based on “NO EVIDENCE” other than Shannon’s say so (Elting’s lawyer).
5) The Plaintiff (Elting) (unlike Shawe who loves the company), stands to profit more, if the company is sold in its entirety, than she would if she just sold what she owned (her stock). So her game, for which the Court has been a willing accomplice, has been to use attorneys to create infighting and the illusion of problems at TransPerfect, and ask the court to force Mr. Shawe and his mother to exit their positions involuntarily. An un-American proposition under any circumstances.
6) Defendant, Phillip Shawe, was not allowed to present key evidence, because Bouchard intentionally suppressed it. This evidence was alleged to show Elting and her attorneys participating in Crime-Frauds, yet Bouchard would not allow the evidence to be used or even look at it in private.
Shawe is being sanctioned for the investigating of his own computer servers — as the employee handbook allows him to do. He is also facing sanctions for lying when there is NO EVIDENCE whatsoever that he did so. Bouchard paid no attention to the minor and immaterial differences in Shawe’s 10 witnesses vs. Elting’s 0 witnesses. Bouchard accused Shawe of destroying records, when indeed he did not. Shawe made a mirror image to preserve all computer evidence; what’s the difference whether it is employee X (Elting) (out of 4,000) or employee Y — the material point is all evidence was preserved. Bouchard seems incapable of understanding that once something is preserved, it cannot be destroyed, spoilated, or even deleted. Bouchard drones on and on (in his opinion) speaking of how Shawe “deleted” files, when in actuality, he did not. He made a mirror image and all was preserved. Three experts verified this in the hearing.
Plaintiff’s attorney Kevin Shannon is an old friend of Chancellor Bouchard. During the deliberation phase, while Bouchard was supposed to be weighing evidence adduced at trial, he instead went to “boondoggle” in New Orleans and co-paneled together with Shannon in a PUBLIC FORUM. If a member of a jury did this in deliberations, they’d be dismissed. An obvious appearance of an impropriety? This investigative reporter is convinced that it is more than that.
Sanctions imposed on Phillip Shawe in the amount of $7.1 million dollars. High? I wonder what your family gets if you get hit by a Delaware bus? … probably a lot less. This amount is obscene and biased. Bouchard’s miscarriages of justice keep adding up. Singularly, they could possibly be justified? Together, they do not pass the laugh test.
The custodian, appointed to run the company is a member of Chancellor Bouchard’s former law firm and has already run up an $8 million dollar tab and is being sued in federal court along with Bouchard for violating the employees’ 1st and 4th amendment rights. And that $$ meter is still running!
The legal fees to date for both parties are estimated to be around $42 million dollars, plus $8 million in costs mandated by the court ordered custodian. That’s $50 million the Chancery Court has forced a DE corporation to spend on cronies and cronies of cronies. This calls out for judicial reform by the legislature and must stop.
Frankly, from what I have gleaned from this case, which I have devoted countless hours to studying, the only person who should be sanctioned is Chancellor Andre Bouchard. Let’s say you incorporate in Delaware, you fulfill the American dream of life, liberty, and the pursuit of happiness by creating a successful business, but then you have a judge order the company to be sold, fine one of the owners to the tune of 7.1 million dollars, fleece the company out of $ 8 million (or arguably $50 million) bucks, and ultimately risk its destruction. Wow, doesn’t make incorporating in Delaware very attractive, does it?
This is an issue that all Delawareans must be aware of, must be concerned about, and must take a stand on. I will say it again, why the hell would anybody want to incorporate in Delaware under Bouchard’s unprecedented, unpredictable and “no evidence” rulings? Make no mistake: Nevada and Rhode Island are salivating at the possibility of usurping Delaware from its main economic driver of corporate revenue, and Andre Bouchard is giving our competitor states all the ammo they need.
As always your comments are welcome and subject to being forwarded.
This is a long piece, but worth reading to understand how the rule of law is now seriously flawed by the inequities of a failed system. Even in little Delaware this growing disease now pervades our society through cronyism, favors, and improprieties
I have been writing often about the TransPerfect Global case which has received national attention because of the controversial rulings made by Chief Chancellor Andre Bouchard. I have been extremely critical of the Chancellor in the way he has handled this case for many reasons, even suggesting perhaps he should be removed from the bench. I have read every public court document in detail about this case and interviewed objective lawyers and employees of the company. I know everything about this case. Here are the undisputed facts: TransPerfect is a translation company founded by Phillip Shawe and Elizabeth Elting that is incorporated in Delaware. Shawe owns 49%, Elting owns 50 %, and Shawe’s mother owns 1%. Despite any differences, Elting and Shawe moved past their failed romance, and from a dorm room, created a multinational company successful beyond imagination.
Regardless of these differences, the company has been high growth, extremely successful, and extremely profitable (due primarily to Phillip Shawe’s leadership and innovation) each year, over the past 24 years. The company now has revenues of over $500 million per year, and employs 4000 people, from 90 offices world-wide. Elizabeth Elting decided she wanted to exit the company, and wants the whole company sold. Why? Because half of the whole company price — is worth considerably more than what Elting could sell her own stake for. In other words, Elting makes much more money if she can force Shawe to exit the business at the same time that she does. The problem is, Shawe doesn’t want to sell. Shawe loves his company, his stock is private property, and he doesn’t want to sell it. Even if the dramatics described in Bouchard’s romance novel decision were true (which they are not), the Court simply should not be forcing one person (two in this case, Phil and his Mom) to sell their shares involuntarily, just to enrich Elizabeth Elting within her timetable. The Court is not meant to insert itself and act as the buy/sell mechanism for Ms. Elting’s personal agenda.
Further, Elting is no woman of virtue. Not one single, unpaid non-party witness took the stand for Elting. She supposedly does something at this 4000 person company, but yet no one I’ve talked to can speak to any contributions she has made. Again, Elting could not produce one single, fact witness, beyond her own self-serving story. In the past few years, Elting removed millions of dollars from the company in unauthorized cash distributions to buy lavish houses and other assets — over Shawe’s objection. Now, Chancellor Bouchard not only ordered the company to be forced to be sold and auctioned off — a result unprecedented in U.S. history, but the madness that is Bouchard doesn’t stop there. He has also now ordered sanctions of $7.1 million dollars against Shawe, the man who built the company, in favor of Elting. I can’t say for sure, but my research indicates no other sanction levied against an individual has been this high in U.S. history.
Included in this ungodly sum is $1.4 million dollars awarded in legal fees to Kevin Shannon (Elting’s lawyer) who was not even made to show his bills to prove it. The law only allows for “reasonable” fees? How can the “reasonableness” of Shannon’s fees be judged if they are hidden? The bottom line is that I believe that Chancellor Bouchard, according to my legal experts has ruled incorrectly in virtually every aspect of the case, he has overreached his judicial authority, and he has abandoned his duty and his ethics. Bouchard is guilty of perpetrating extreme bias against Phillip Shawe in favor of Elizabeth Elting.
All this being said, I ask the following questions to my 6000 readers: 1) If a Delaware Judge violates his judicial authority and that of the judicial canons directing judicial ethics and behavior under the law, what do you think should happen to that judge? 2) If a Delaware judge blatantly exhibits bias in a case, prevents relevant evidence from being presented, is guilty of improprieties and cronyism, and denigrates the respect that the Court should maintain by his actions, should that judge remain on the bench?
Here is what I do know: The Delaware business law is clear about what constitutes the forcing of the sale of a company by the Chancery Court. First, there must be evidence of irreparable harm. TransPerfect Global makes 500 million a year and is extremely profitable. The employees love and admire Phillip Shawe (as per affidavits), feel they have a stake in the company, and they do not want it to be sold. Where is the irreparable harm Chancellor? The law does not even permit you take control of 2 shareholder company unless it is facing irreparable harm, and folks, TransPerfect has 3 stockholders. This being said, it appears that Chancellor Bouchard has erred in his creative ruling, possibly costing thousands of people their jobs, creating the risk of Delaware’s corporate franchise being denigrated, and possibly costing Delaware millions of dollars.
Chancellor Andre Bouchard is a personal friend and former business associate of Kevin Shannon of the law firm Potter Anderson (Elting’s Delaware attorney). They worked together 20 years ago on the famous Disney case in the Chancery Court, and have been buddies ever since. During the decision stage of the TransPerfect trial, Bouchard and Shannon made a public appearance together in New Orleans. None of this was ever disclosed by Bouchard. This case is a textbook example of the “appearance of an impropriety” and Bouchard should have recused himself long ago. This issue unto itself presents serious problems under the law. Heard enough? The coincidences just keep mounting against the new judge.
Chancellor Bouchard has appointed a Custodian (with unlimited authority) to run the company named Robert Pincus, another friend and former associate. Pincus receives an on-going amount of $1400 an hour! He has unnecessarily hired expensive consultant friends, and together they’ve run up an $8 million tab — all paid for by TransPerfect – and the expenses mount daily. Additionally, Pincus has created a “reign of terror in the company,” threatening job termination for employees who would speak against the case, been given judicial authority to seize employee private cell phones and computer e-mails—on pain of sanctions or termination—all clear violations of the First and Fourth Amendments of the Constitution. One brave employee has filed suit against Bouchard and Pincus in US Federal Court. If he wins this case, I believe Bouchard will be culpable.
In his July ruling on sanctions, Bouchard stated that Shawe had broken into Elting’s office, copied e-mails, destroyed his cell phone records, and lied under oath justifying the sanctions in the amount of $7.1 million dollars. The ruling paints an extremely negative portrait of Phillip Shawe, however the real story has been hidden and prevented from being presented as evidence in court by Chancellor Bouchard. The Employee Handbook (and New York and Delaware Law) clearly gave Shawe the right to investigate any suspicion of fraud or funds being illegitimately removed from the company by any person, including Elting.
Here is the official statement from Shawe’s attorneys, which was published in several media outlets:
“In my opinion the sanctions decision itself is indicia of an extreme court bias against Mr. Shawe. Although Mr. Shawe was given notice on particular grounds, the court permitted Elting’s team to change its theory at trial without proper notice because Elting had insufficient evidence of the issue they had sought to sanction Mr. Shawe for: alleged spoliation? The “evidence” against Mr. Shawe on spoliation was almost exclusively based on lawyers’ arguments (not evidence by definition in any court) and a cherry-picked paid “expert” witness who had never testified before in a U.S. Court. The truth of the matter is that Mr. Shawe provided more discovery than Elting produced, and her legal team could not identify a single document that allegedly had been destroyed or withheld and caused her “prejudice.” In fact, she claimed victory on the merits. Indeed, after the merits trial, Elting’s “expert” admitted that his findings used as a basis for filing the sanctions motion were untrue, because he had not investigated the issue well enough before Eltings’ team made the allegation. Faced with this deficit of evidence, Elting’s lawyers appeared at the sanctions trial with a new theory of “lying” which had never been raised before. Shawe was tried and sanctioned for allegedly “lying” without due process.
As a consequence, it is neither surprising (i) that the court did not find the deletion of relevant evidence nor (ii) that Mr. Shawe’s attorneys were not adequately prepared to defend him against the variance in trial theory. Such unfairness is not consistent with due process. Had they been given notice of the new “lying” theory (including what issues he allegedly lied about and when), it is likely that Mr. Shawe’s lawyers could have prepared and presented evidence demonstrating that the differences in recollection were nothing more than just that – with other disclosures in the record that make them immaterial.
The recent ruling on the amount of sanctions to be paid is more of the same from the Chancellor. Although the court did reduce the fees in some instances, it utterly failed to provide due process with respect to the reasonableness of many of the fees claimed. The most extreme example of this failure is the acceptance of more than $1.4 million in merits fees from the Potter firm based on the affidavit of Mr. Shannon without any actual billing descriptions to back up the claim. It begs the question: How can the reasonableness of fees be assessed if the court doesn’t even know what was done? It also lends some weight to the speculation by others that there is a reported personal and professional relationship between Mr. Shannon and the court which may be affecting this case. Regardless, accepting more than $1 million in fee claims without requiring backup is contrary to traditional notions of fairness. Mr. Shawe is considering his appellate options.
There also have been other indicia of court bias against Mr. Shawe. During the merits trial, the Court had to address Elting’s allegations of wrongdoing leveled against Mr. Shawe relating to his review of her emails on the public company server. Mr. Shawe asserted that the emails proved that Elting committed fraud and requested that Chancellor Bouchard examine the emails in camera (in private) because they proved fraud. The court was well aware that if fraud was found, it would remove the emails from any supposed claim of “privilege” (under the crime-fraud exception), but Chancellor Bouchard inexplicably refused to review them – yielding to Elting’s position with no basis in law. Chancellor Bouchard abandoned his sworn duty to equity and justice in this regard. Instead, without consideration of the content, for the purpose of the merits case he suppressed the very emails which may prove that Elting and her attorneys engaged in a scheme to provoke Mr. Shawe and create actionable discord in the company.
These and other indicia of bias (such as the remarkable success rate of Elting’s team on all motions – which her attorneys bragged about (in a Law360 article) are particularly concerning, given the recent unsolicited and inappropriate negative public statement by Vice Chancellor J. Travis Laster which was directed at the free speech activities of Transperfect employees who have been appealing to the media and the public. It is the duty of judges and lawyers to avoid the appearance of impropriety and this unprecedented instance of one sitting judge commenting on the active case of another may not be consistent with that mandate – especially when it may be interpreted as an attempt to quell first amendment rights.
At this point, the case has been certified for interlocutory appeal, and I am confident that the Delaware Supreme Court will reverse both the sale order and sanctions order based on the law. With respect to the sale order, ponder this: the facts reported in the decision by Chancellor Bouchard clearly support a finding that Elting breached her fiduciary duty by refusing to consider real estate and merger/acquisition opportunities without regard to their merit, so how is it possible that a person with unclean hands (ELTING!) can come to Chancery Court and obtain relief? When similar claims were brought by Elting in New York State court, it was tossed out with the sense that the whole litigation was absurd and the parties needed to come to a solution on their own. Justice Schweitzer specifically found that it was “unclear who drew first blood.”
Mr. Shawe is resolute that the company never faced irreparable harm, regardless of any alleged acrimony between the shareholders. TransPerfect’s performance in 2015 was more successful than 2014, and it is on pace to perform even better in 2016 despite the litigation. He is confident that the company will continue to prosper and reiterates his offer of $300 million cash to Ms. Elting for her shares.”
There you have it folks. I believe that Chancellor Bouchard is suspect and deserves intense scrutiny in regard to his actions in this case. As always your comments are welcome and subject to being forwarded.
This is the latest in a series of articles on the infamous TransPerfect case.
This case originally caught my attention because it involved newly-appointed Chief Chancellor Andre Bouchard. I had previously written an article about Bouchard and his apparent political cronyism in the Sussex County Registrar of Wills office and how he appointed three different clerks, who were completely incompetent. Bouchard surprisingly responded to my article in writing, which indeed was highly unusual. There was no doubt that I had struck a significant nerve. His message was filled with non-answers and circular reasoning and it was obvious he was way off-base. You have to ask yourself, has he gotten himself in the same boat in the TransPerfect case?
Now, we are close to a year-and-a-half later with the TransPerfect case still not yet certified for an appeal. We have the appointment of a custodian, who is, of course, a former law partner of Bouchard’s. Since that time, TransPerfect has been forced to incur an incredible and outrageous $8 million dollars in fees — and the number grows daily! This boggles the mind!? Let’s think about this, folks… Phillip Shawe is running a $500-million-dollar company for 24 years and has never had an unprofitable year. Now the Court comes in with no experience in this business and forces TransPerfect to spend $8 million dollars on Bouchard’s cronies to date and this case continues and the millions mount! How and why can this blatant stealing from this company continue?
Additionally, the very employees who made this company a success are expressing their outrage at the Chancellor’s decision! They work in fear of being fired by this custodian. One courageous employee had the nerve to stand up to the Chancellor’s unlawful violations of the employees’ First and Fourth amendment rights — and filed a Federal Lawsuit against the Chancellor and the custodian!
Apparently Judge Bouchard and his custodian went after personal e-mail accounts and potentially cell phones of TransPerfect employees, and if they refused, the workers could be terminated! Folks, I don’t know what you call this, but I call it unconstitutional, illegal, and grounds for impeachment! I have never heard of or seen a worse case of judicial overreach, cronyism, and possible corruption in any Delaware Court in my life time.
In my opinion, Chancellor Bouchard has cast a dark shadow over the once pristine reputation of the Chancery Court and the great state of Delaware, as the nation’s corporate capital. The press is watching, folks! Last Sunday’s Delaware News Journal ran a front page cover story shedding light on Bouchard’s shenanigans, but this just scratches the surface. There is much more to tell, and the future of Delaware as the incorporation capital of the world, and therefore its economy, is seriously at stake.
It appears that Bouchard is playing favorites with Plaintiff Elizabeth Elting’s local counsel, his 20-year friend, Kevin Shannon of Potter Anderson. You are reading it here first, folks… soon I predict many companies will be refusing to do business in Delaware because of this case! Bouchard’s insidious actions in The Chancery Court and his apparent efforts to enrich his buddies at the expense of the hardworking people of TransPerfect must stop. Bouchard’s decisions have weakened the credibility of Delaware’s Equity Court and the world is watching.
It is time for the people of Delaware to call their local legislator and say no to cronyism and no to obvious improprieties. We must demand an investigation, folks, and somehow we must stop this! No one is above the law, and this includes Andre Bouchard. We must send a strong message to corporate America that Delaware is still a place to do business before it’s too late. Stay tuned……..much more to come!
As always, your comments are welcome.
SOURCE:
http://hubpages.com/business/The-Appearance-of-Corruption-and-Cronyism-Continues
Should Chief Chancellor Andre Bouchard be impeached?
Chief Chancellor Andre G. Bouchard and his court appointed custodian of TransPerfect Global, Inc, Robert Pincus are being sued in the United States Southern District Court of New York by a high level executive, Timothy Holland, who claims Bouchard and Pincus have violated his constitutional rights-specifically his 1stand 4th amendment rights. The right to free speech and the right to be secure in your papers and possessions are basic human rights that we Americans cherish and are fundamental to our freedoms as Citizens of the United States. When these rights are violated, there definitely could and should be civil and criminal consequences.
Having investigated this TransPerfect case and written about it frequently, there are some very disturbing issues about Chancellor Bouchard’s actions that need to be examined in regard to his rulings. Let me be specific about what has occurred so far in relation to the established and legal “DELAWARE JUDGES’ CODE OF JUDICIAL CONDUCT 2008 TABLE OF CONTENTS” : Under Canon 1: A judge should uphold the integrity, independence, and impartiality of the judiciary. Rule 1.1 Compliance with the law. Rule 1. 2 Promoting Confidence in the Judiciary. Rule 1.3 Avoiding abuse of the prestige of the Judicial office.
Chancellor Bouchard from the legal opinions I have gleaned and from the Court records has not been in compliance with the law. The law clearly states that a company can only be sold by order of the Judge when disagreements occur in a company that has only 2 stockholders. TransPerfect has 3 stockholders. Bouchard in his order to sell this very profitable company is violating Delaware’s business law. If anything, Bouchard has put the prestige of his judicial office at risk. Nobody who is in business with a Delaware corporation right now feels any confidence in Delaware’s Judiciary. As to Canon 1, Bouchard has failed miserably and is suspect in my opinion.
Under Canon 2: A Judge should perform his duties of judicial office impartially, competently and diligently. Rule 2.1 Giving Precedence to the Duties of Judicial Office. Rule 2.2 With Impartiality and Fairness. Rule 2.3 Without Bias, Prejudice and Impropriety. Rule 2.4 With No External Influences on Judicial Conduct. Rule 2.5 With Competence, Diligence and Cooperation. Rule 2.6 Ensuring the Right of All Parties to be Heard.
Chancellor Bouchard has in no way been fair or impartial without bias, prejudice and impropriety. If anything he has been the exact opposite. He has exhibited grotesque bias against Phillip Shawe in favor of the Plaintiff Elizabeth Elting. Bouchard has not allowed testimony to be presented or all parties to be heard in regard to Phillip Shaw’s position in this remarkable case. Bouchard’s former business relationship with Elting’s attorney Keven Shannon and appearing together with him on an educational panel in New Orlean’s reeks of impropriety. Indeed as to Canon 2, Chancellor Bouchard fails miserably and is suspect in my opinion.
Canon 3 and Canon 4: A Judge should regulate extra judicial activities to minimize the risk of conflicts with judicial duties. Rule 3.1, A Judge should be careful with Extrajudicial activities in general. Rule 3.2 Avoid Appearances before Governmental Bodies and Consultation with Governmental Officials. Canon 4: A judge should refrain from political activity inappropriate to the judge’s judicial position.
Again, Chancellor Bouchard appeared with the plaintiff’s attorney in a public forum during the decision stage of this trial. This attorney is an old buddy and business associate of Andre Bouchard. This is a violation of the Chancellor’s direction of avoiding improprieties. Bouchard appeared at Legislative Hall in Dover on May 18th, lobbying for a bill to do away with the Sussex County Register of Wills. This was a political action that violates his judicial direction and was totally inappropriate. As to Canon 3 and 4, Chancellor Bouchard has failed miserably and is suspect in my opinion.
Back to the lawsuit against Bouchard in the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK by TIMOTHY HOLLAND. Chancellor Bouchard appointed Robert Pincus as a Custodian to run the business and set up the sale of the company, costing the company approximately $8,000,0000 so far in audits and salaries-clearly lining the pockets of Bouchard’s cronies. Bouchard gave Pincus unlimited power in his duties, way beyond what would be normal in private industry. By order of Pincus, all the employees including the Plaintiff were forbidden to talk about the case with the threat of their jobs being terminated- a clear violation of the 1st amendment. Additionally many of the e-mails of the employees were searched, including cell phone records-a clear violation of their 4th amendment rights. Robert Pincus, as an agent of Bouchard’s Court and apparent direction as to how to proceed, with unlimited governmental powers, creates a definite cause for a constitutional alarm and concern over judicial impropriety in this controversial case.
An objective observer (possibly a Delaware Legislator), taking into consideration Chancellor Bouchard’s seemingly controversial acts in regard to the official Delaware Code of Judicial Conduct, could be deeply concerned. Additionally, if it is proven in US District Court that Bouchard violated Timothy Holland’s civil rights, an objective observer (possibly a Delaware Legislator) might think all of these in combination would be grounds for Bouchard’s removal from the bench. It is possible to impeach a Delaware Judge by way of the legislature. It takes a majority of the House of Representatives and a 2/3 majority of the Senate to get it done. Perhaps it should be considered? We will see.
The lawsuit 1:16-cv-05936
When the TransPerfect employees began openly questioning the Chancery Court’s decision to forcibly sell a profitable company, Chancellor Andre Bouchard became enraged and asked his lawfirm buddy, former co-partner at Skaden Arps, his now appointed custodian Robert Pincus to excise the employees who were behind it. Bouchard appoints Pincus for many of these cases.
On May 23, 2016, the very same date that Citizens’ release was published, written instructions were issued to all TransPerfect employees, including Plaintiff and many other TransPerfect employees working at TransPerfect’s offices in the City, County, State and Southern District of New York, stating as follows:
It has come to our attention that some of our employees have recently spoken with the media about the pending litigation between the shareholders of TransPerfect, and in some instancesseemingly have sought to attempt to pressure the Delaware court. We believe that those actions are counterproductive and that they should stop.The suit
Robert Pincus threatened employees and is now waging a costly investigation to check emails and cell phones, to follow employees, in an effort to discover who is talking to the media and legislators.
As a result, Timothy Holland waged a suit to maintain his rights.
Controversial TransPerfect Global case
The controversial TransPerfect Global case is still in the Delaware Court of Chancery. This outrageous situation gets more and more astounding as each ruling is adjudicated. The blatant unfairness and obvious bias in my opinion by the presiding Chief Chancellor, Andre Bouchard towards one party over the other and the financial damage this Judge has done to this viable company through his determinations is beyond remarkable.
The use of his judicial discretion under the law considering his appearances of impropriety involving cronyism, a dearth of evidence, and in effect his legislation from the bench by his rulings contrary to established Delaware law, are indeed frightening and disconcerting. I have been asked by members of my network and one reporter why I’ve taken this on. The answer is that whenever there is, in my educated opinion, an obvious and insidious case of injustice involving politics or government, which I can back up by the facts, especially in my home state of Delaware, then I’m going to write about it. I’ve become a pundit of sorts and it is an enjoyable hobby. My Coastal Network, which reaches over 6,000 people through personal e-mails and now Facebook is an informative vehicle that has been extremely effective over the years.
One of the best things about being an American is being able to use my First Amendment rights of free speech, especially since I like to write. Believe me there are those in this country who would love to take that away from us, and we have to be eternally vigilant in all matters of our constitution.
That said, I first noticed Chancellor Andre Bouchard in regard to his involvement with the Register of Wills office in Sussex County, Delaware where he used his Judicial power under the law to appoint two apparently incompetent chief deputies who couldn’t properly do the job, ignoring the recommendations of the elected Register of Wills, the Honorable Cindy Green, thus thrusting this important office into chaos. His arrogance and disrespect of the elected Register of Wills by making political appointments instead of the most qualified, made me wonder then about his objectivity.
Chancellor Bouchard further led the charge in the Delaware legislature to do away with this office, putting everything involving wills under the Court of Chancery. This would have taken away the personal service in Sussex County for its citizens and ultimately costing the Sussex County residents more money. Fortunately, the legislature chose to not implement this action. Regardless, after that I started watching Bouchard’s Chancery Court cases. The TransPerfect case caught my attention. Since then, I have followed it in detail, investigated and researched those involved, gleaned expert legal opinions, spoken with employees of the company, read all the court documents, and have ascertained that something is radically wrong with the whole deal.
The two founders and stockholders, Phillip Shawe and Elizabeth Elting, are entwined in a legal battle that is rocking the corporate world. Elting wants to sell and Shawe does not. Shawe is willing settle out of court, Elting refuses to settle, using the bias of the court to hopefully glean more money in her pocket. Chancellor Bouchard’s decision to sell this viable company—clearly based without merit or proper evidence, creates huge concerns for those who are incorporated in Delaware and those who might choose to do so in the future. If Delaware loses its corporate franchise, it could lose millions of dollars, plummeting it into the red so deep, it would never recover.
Reiterating the facts, under Delaware business law, a company is not supposed to be sold unless there is evidence of irreparable harm. TransPerfect has shown a profit for the past 24 years, and now makes $500,000,000 a year — no harm here at all. Regardless, the Chancellor does have the authority to force the sale of a company when there are disagreements if there are only two stockholders. Folks, TransPerfect has *three stockholders* and Bouchard is making new law here according to my legal experts. Bouchard has a long-term friendship and business connection with Elizabeth Elting’s lawyer, Kevin Shannon; they worked on the Disney case together 20 years ago, and served on an educational panel together in New Orleans *during the decision stage of this trial.* Andre Bouchard should have recused himself immediately. *By not doing so, he has created the appearance of a serious impropriety.*
To make matters worse and making objective observers concerned about the possibility of corruption, Bouchard ordered a custodian—another one of his good friends and former colleague Robert Pincus to take over the company. He has ordered an audit of the company with huge salaries and fees to all of his friends, costing the company around $8,000,000 dollars over the last 10 months.
Any doubts who benefits from this long drawn out affair? Bouchard’s cronies. It gets worse than this folks… Bouchard has denied the production of evidence indicating a plot by Elting to make Shawe look bad by having her husband Michael Burlant (TransPerfect’s lease agent) intentionally create lease problems overseas. Elting also has taken funds from the company (over $20,000,000 dollars), which are also questionable. Yet when Phillip Shawe checked out Elting’s e-mails on the company server with a professional fraud investigator on hand — shortly after finding out that she had secretly made over $150,000 in payments to her attorneys and financial advisors indicating her questionable activity, Chancellor Bouchard arbitrarily and capriciously sanctioned Shawe on the sole say so of Elting’s lawyer.
No evidence, no testimony, no proof — denying Shawe his due process. The sanctions include 1/3 of Elting’s legal fees and 100% of her fees for the hearing on sanctions created by Bouchard in the first place, where he ruled against Phillip Shawe in all ways, costing him millions of dollars.
The bottom line here is thousands of TransPerfect employees could lose their jobsand a viable company could be destroyed. Obviously Judge Bouchard does not care about that. The bias and prejudice against Phillip Shawe by this Judge is unprecedented in Delaware’s Chancery Court. Could it be that Andre Bouchard is using his Judicial power by suppressing evidence to rig a result that’s good for his buddy Kevin Shannon (Elizabeth Elting’s attorney), thus creating huge legal fees that are going into Shannon’s pocket?
The apparent and absolutely unnecessary raping of a company (which epitomizes the American dream) by the Judicial Branch of the State of Delaware through the actions of a rogue Judge creates much negative speculation which is never a good thing. These facts and appearances of impropriety make me shake my head and wonder how this can happen in Delaware’s valued and respected equity court? More to come, so please stay tuned.
With respect as always
As always your comments are welcome and subject to being forwarded.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
In the past several months, I have written extensively about the astounding case still going on in Delaware’s Chancery Court involving TransPerfect Global, whereby Chief Chancellor Andre Bouchard has ordered the sale of a private, extremely profitable company. According to my expert legal sources, the Delaware Chancery Court is under no duty to insert itself, and replace the free market by adjudicating a solution when there are simply disagreements between stockholders that involve no wrong doing. This company should not be dissolved under the present circumstances. Chancellor Bouchard has seemingly made a radical, rogue, and reckless decision that could damage the state of Delaware’s corporate future.
TransPerfect has annual revenue of approximately $500 million and 4,000 employees in 90 different cities worldwide. It also happens to exemplify the American dream, where two people had an idea and created a successful business. Unfortunately, Elizabeth Elting now wants an immediate exit strategy and is using the valuable resources of the court to manipulate a sale process that gives her a share price that she is not entitled to on the open market and is selfishly leaving the employees up in the air. Basically, Chancellor Bouchard has essentially applied family court principles to this business saying, in effect, that when two people get a divorce and cannot agree what to do with the house, the house must be sold to a third-party, and the monies received are to be split equally.
Why is this wrong? Under Section 226 of the Delaware Business Law when two or more shareholders cannot agree, the court can order the sale of the company, but there is one key difference. There must be a showing of irreparable harm. The easiest way to determine irreparable harm is by a very simple indicator. Is the company profitable? TransPerfect Global has been extremely profitable every year of its 24-year existence and continues to thrive. So where is the irreparable harm Chancellor Bouchard? Just because one owner claims she doesn’t want to work with her partner anymore doesn’t mean the Court should intervene. Your “equitable” solution is a dangerous precedent which will not only scare companies away from Delaware, but clog our judicial system with merit-less cases whenever a stockholder wants a better deal than they negotiated.
Interestingly this is only part of the problem, because in this case there are not just two stockholders, there is a third, and that changes things drastically under Delaware Law. Plaintiff Elting owns 50%, Defendant Shawe owns 49%, and Shawe’s mother owns 1%. Besides being clearly prejudiced against Shawe, ignoring the overwhelming testimony of 10 witnesses to Elting’s 0, and operating under the appearance of several improprieties, Chancellor Bouchard has overreached his authority in another way that is just as equally threatening to the incorporation business that Delaware relies so heavily upon. This type of judicial overreach is so outrageous that many legal experts are truly fearful of the future of this State’s reputation.
The bottom line is that Chancellor Bouchard is ignoring the fact that there are three stockholders and saying basically that “because Shawe’s mother usually votes with him, it is the same as there being only two.” This action by Chancellor Bouchard is unprecedented, has the potential to create turmoil and needless litigation in the business community, and has prompted employees and concerned citizens to organize to bring about change in the law; whereby a Judge cannot arbitrarily order the sale of a company when legal precedent states otherwise. In reality, they shouldn’t have to change it, because Bouchard is already acting outside what the legislature intended his powers to be by fabricating the “irreparable harm” component.
Senator Colin Bonini (R), much to his credit, proposed Senate Concurrent Resolution 91 which basically requested that the Delaware Bar Association review the law and come up with viable legal alternatives to rulings of this sort. The resolution was non-binding, harmless in all respects, and was intended to open the door for potential legislation if after review and discussion changes were determined to be reasonable. Unfortunately the proposal never came to a vote due to a lack of time and lack of understanding on both sides of the political aisle. Not really knowing the facts of the case, certain establishment politicians who wanted to maintain the “status quo,” regardless of this apparent inequity, planted their feet and closed their minds to positive change and clarification of the law.
Senate Minority Leader Gary Simpson could have facilitated the vote on this issue, but chose not to do so. According to Senator Simpson, he contacted former Chief Chancellor Chandler who was a highly respected Sussex County Judge. Chandler advised Senator Simpson that often the Chancery Court orders the sale of companies when there are disagreements in 50%/50% partnerships, however Senator Simpson did not tell him that this was a highly profitable company, that the decision was unprecedented in the history of Delaware, and that there were three stockholders and not just two. As quoted in the News Journal– “We have a reputation in Delaware for having a Chancery Court where litigants and their attorneys know how Delaware law reads,” said State Sen. Minority Leader Gary F. Simpson, a Republican and opponent of changing the court’s authority. “To give uncertainty because a party may be able to persuade the Delaware Legislature to change things is just bad.”
Well folks if something is wrong in the law, and something is inequitable, or allows a freshman judge to interpret it in an inequitable way, then the law needs to be changed. I disagree with Senator Simpson and others who failed to support this positive attempt at making Delaware’s Chancery Court and state laws better and more business friendly, with less uncertainty. Corporate litigants, who have disputes, should be able to count on Delaware for fair and equitable solutions under the law; and our laws should not be frozen in time when they are ambiguous enough for Chancellors to abuse their discretion by way of an unclear loophole.
Frankly, according to my sources in the legal community, Chancellor Bouchard has already tarnished his own personal reputation with his handling of TransPerfect case. Regardless, there is a larger cause for all Delawareans that hangs in the balance. Our business-friendly reputation as the nation’s corporate capital and all the thousands of jobs this creates is now at stake. Our state’s reputation for predicable and reasonable adjudication of business disputes is essential to the economy and the people of Delaware. If Bouchard wants to gamble, he should go Dover Downs with his own money. He should not be betting Delaware’s reputation from the bench with arbitrary and capricious decisions.
Regardless, this writer will continue watching and reporting on this remarkable case in Delaware’s Chancery Court with the Honorable Chancellor Andre Bouchard presiding. The “rub” in this case is not going to go away and there is no doubt that appeals will be taken and there will be another campaign at correcting the law again in January. As always your comments are welcome.
As always, with Delaware’s best interest in mind
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Delaware Companies at Risk
I Won’t Stop Telling the Story of this Travesty
Dear Friends,
The TransPerfect Global case going on in Delaware’s Court of Chancery has become a huge controversy, and it is not going to go away. Chief Chancellor Andre Bouchard, has in the wake of innumerable appearances of impropriety, made an arbitrary and capricious decision– forcing the sale of an extremely profitable company (putting thousands of jobs at risk).
I intend to exercise my first amendment rights on this issue until the legislature opens again in January 2017. The job of this Court is to administer Equity (Fairness). When there is the slightest possibility for fairness to not be properly administered, then something is wrong. This being said, why would anybody wish to incorporate in the State of Delaware, when the corporation could immediately and legally be at risk by potential Chancery Court action? Rhode Island and Nevada have competitive incentives for businesses to incorporate in their states. Delaware’s corporate franchise brings millions of dollars into its coffers.
When the possibility of losing that long- standing income stream becomes apparent, then it is time for legislators to act to protect Delaware and its citizens. According to Harvard Business Services owner Rick Bell (one of the world’s top Delaware incorporators), incorporations were down by almost 2% in Delaware in 2016. Has anybody noticed that Delaware’s economy is not exactly booming?
Senate Concurrent Resolution 91Senate Concurrent Resolution 91 was proposed and introduced by Senator Colin Bonini (R) to open discussion, and evaluate ways to legally make Delaware’s Chancery Court better. I give Senator Bonini tremendous credit for recognizing the importance of opening this dialogue. Although this harmless and positive resolution was not voted on by the Senate as this legislative session has ended until next January– no doubt a huge message has been sent. Next year, when there is more time, hopefully it will be voted on with bipartisan support in both houses of the Delaware legislature.
This has become a political issue now for the voters to consider when voting in future Delaware elections. Most of Delaware’s lawmakers are open-minded and willing to listen and I am hopeful that next year some changes in the mandate of the Chancery Court will be implemented. I have enclosed in the body of this email Senate Concurrent Resolution 91 for you to consider and evaluate. I think you will agree that it would be a positive step toward actual legislation. As always, your comments are welcome.
Because the matter deals with a member of the court and a local politician (yes, a judge is a politician too), when it looked like the issue was getting some attention and even some traction, the powers that be sought to silence the protest. This is an important matter and it needs to be addressed in an objective way.
How can a court ordering the sale of a functional and successful company because one owner wants more money than was initially agreed upon not impact other businesses that are incorporated or may incorporate in Delaware?
SENATE CONCURRENT RESOLUTION NO. 91 ENCOURAGING THE DELAWARE STATE BAR ASSOCIATION, ITS CORPORATE LAW SECTION, AND THE COUNCIL OF THAT SECTION TO EXAMINE THE STATE’S BUSINESS BUSINESS ENTITY WITH AN EYE TOWARDS MAINTAINING BALANCE, EFFICIENCY, | Source
Summary of bill
The bill is online and HubPages does not allow duplicate content, even if repeating the bill’s text. So here is the summary and use the links above to read it in its entirety.
Purpose:
Encouraging the Delaware state bar association, its corporate law section, and the council of that section to examine the state’s business entity with an eye towards maintaining balance, efficiency, fairness and predictability.
SYNOPSIS
This Resolution encourages the Delaware State Bar Association, its Corporation Law Section, and the Council of that Section, to examine the State’s business entity laws with an eye towards maintaining balance, efficiency, fairness, and predictability.
Respectfully Submitted
I have been a staunch defender of Delaware and this issue is lurking, and still too few are paying attention. We need to change the “who cares?” atmosphere.
Are you with me?
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Judson Bennett
A court drama being played out may result in TransPerfect’s two chief competitors in the translations services industry seeing increased revenue.
Lionbridge Technologies (LIOX), based in Waltham, Mass., is the largest translation services company in the U.S., with revenue of $560 million last year. TransPerfect is the second largest in the U.S., with revenue last year of $505 million. London-based SDL (SDLLF) could also benefit.
While beating its rival handedly in growth and profits, TransPerfect is experiencing a serious power struggle in the executive suite that has ended up in the courtroom. Lionbridge has attempted to capitalize on this controversy and courtroom drama by planting seeds of doubt on the future of TransPerfect with its customers.
However, this may not be the boon LIOX is expecting. Although TransPerfect’s power struggle began in 2013, it has shown no signs of slowing down the company. So far this year, sales are up more than 11% with May being the most successful month to date. Whatever the Delaware Chancery Court decides, there will inevitably be a lengthy appeal process and co-founder visionary Phil Shawe has made it clear that he is not going anywhere.
The Delaware state court’s apparent willingness to step into the affairs of a private company has come under fire from many directions, including most-notably former New York City Mayor Rudolph Giuliani, who criticized Delaware’s new Chief Chancellor Andre Bouchard (a Canadian) for an “un-American” decision that was overreaching, intrusive, and against American free-market principles.
Co-CEO and fellow shareholder Elizabeth Elting, who according to many employees has a very limited role in the day-to-day functions of the company, is suing for TransPerfect to be dissolved and force-sold to the highest bidder. When Elting co-founded the business with Shawe 24 years ago they had had a romantic relationship, but that ended years ago. She now claims the two cannot work together anymore and that the New York-based company should be auctioned off because she is upset with their personal relationship. It is also obvious that Elting is now using the court as a weapon to maximize her buyout price.
Shawe recently offered $300 million cash to buy her half of the company. In an attempt to extract more money from Shawe, Elting recently told Forbes Magazine that she intends to counter, but no offer has been forthcoming. It appears Elting believes the Delaware Court will give her a better exit strategy than she can achieve through negotiation, and thus, is content to wait it out until Bouchard’s decision and all appeals, are rendered final.
TransPerfect is the largest privately-held company in the $35 billion translation services industry. With 4,000 employees in 100 cities on four continents TransPerfect is capable of translating more than 170 languages. It has a vast array of clientele, including almost every Fortune 500 company, such as USPS, IKEA, Johnson & Johnson, and Hilton Worldwide.
Elting has used a strategy of saying “no” to all routine decisions to create “deadlock” under Delaware law, and therefore wants the court to auction the company to the highest bidder. Unable to find a judge receptive to her case in New York , she filed a second lawsuit two years ago in Delaware. In the non-jury trial, despite the fact that Elting couldn’t produce one witness to corroborate her testimony, while Shawe presented 10 witnesses on his behalf, the judge sided with Elting on dissolution, and appointed a custodian to oversee a sale process.
This means for the first time in U.S. history, a private, profitable company that has not been accused of any wrongdoing or impropriety is being put on the auction block. Although the harm caused by Chancellor Bouchard’s use of the word “sale” has raised eyebrows with many TransPerfect employees and customers, Bouchard also said he believed that Shawe was the most logical buyer. In the meantime the court has put a middleman in charge of the company for the purpose of having it dissolved and force-sold against the wishes of two of its three shareholders. Elting owns half, while Shawe and his mother own the other 50%.
It appears the employees, TransPerfect’s most important assets, are extremely upset with Bouchard and his apparent willingness to rely on the uncorroborated testimony of one witness who serves no meaningful role at the company. Hoping to save the company they work for, as well as their jobs, the employees wrote to the judge before he rules on the bizarre case currently before him.
On April 26, TransPerfect’s employees sent two letters to Bouchard; Peter C. Schwartzkopf, the speaker of the Delaware House of Representatives; other members of the Delaware house; and the media to present their perspective before a final ruling in the case.
In order to inform the public of their situation, a group of 610 TransPerfect employees called Citizens for a Pro-Business Delaware ran radio ads on local Delaware stations. They also placed a two-page advertisement in the Delaware News Journal that reprinted the contents of each letter. So far, the employees have not received a response from Bouchard, who has issued a series of unprecedented decisions that are so unusual and blatantly one-sided that observers say they are not based on law and equity.
Shawe’s lawyer Martin Russo of New York law firm Gusrae Kaplan Nusbaum told Slator.com , “Ms. Elting has the right now to sell her shares on the open market without interference from, or affecting Shawe’s ownership rights; but that she chooses not to take the market price is an indicator as well. Shawe’s $300 million offer is magnanimous, and is surely better than (what Ms Elting) would get as a 50% owner on the market.” Russo told the website the value represents 10x the company’s after-tax cash flow profits of 30 million and described the $300 million offer for Elting’s 50% stake as “extremely generous.”
However, if Elting refuses the offer and forces the sale, this could provide a big opportunity for either Lionbridge or SDL to purchase TransPerfect and become the undisputed leader of the translation industry.
A CONCERNED DELAWARE ATTORNEY
Dear Friends,
I received this amazing e-mail below from a prominent Delaware attorney who has chosen to be a “whistle blower” of sorts in regard to Delaware’s Chief Chancellor, Andre Bouchard, specifically as to the inequities of the TransPerfect case of which I have been recently writing about.
At the request of this person I have removed his name, as he fears retribution from the court that could affect his livelihood. Maintaining my journalistic integrity, I am bound to honor his request to remain anonymous. I will call him from now on “A CONCERNED DELAWARE ATTORNEY.” Regardless, I assure you of the legitimacy of this person and his production of the facts from his years of legal practice. The importance I feel in publishing it to all who are interested is paramount. Delaware’s credibility in regard to it’s future as America’s corporate capital is at stake.
Please read below and as always your comments are welcome. You will be amazed at this legal analysis by an objective expert.
The Implications of the TransPerfect Forced Sale
Dear Judson:
I have been following your articles regarding Chancellor Bouchard and the TransPerfect case. The issues you discuss are indicative of underlying and systemic problems in the Delaware Chancery Court. I have talked to more than a few attorneys who agree the result in the TransPerfect matter is an astonishing travesty of justice. I have read the hearings and trial transcripts, studied the decision, and have come to the inescapable conclusion that the fundamental principles that have long been the back bone of Delaware Corporate law were not properly utilized in the TransPerfect case. It is clear the Chancellor had a personal bias against Shawe or for Elting, and from then on, all his interim decisions were on auto-pilot, favoring Elting.
Attorneys I’ve spoken with are split as to whether the root cause is Chancellor’s lack of experience or the more troubling reasons you suggest in your articles. Whatever the cause, these attorneys, as am I are now afraid of publicly stating their true belief’s about the Judge’s decision. Why? Because they wish to continue to practice successfully in Delaware and fear retribution from the Chancery Court, where Chancellor Bouchard will be sitting for the next 12 years.
No attorney wants to be worried about being blacklisted by the Court that they do business in because they were candid about their legitimate concerns involving the TransPerfect case.
Though your article was quite thorough there are a few additional points that your readers might find very interesting. I have begun to list the many issues with Bouchard’s decision below, which have the potential to set a disastrous precedent in the Chancery Court, and in turn, Corporate America.
TransPerfect has 3 Shareholders, Not Two
THE COMPANY IS NOT 50%/50%
The company is 50%-49%-1%. Why is this important? Because Bouchard is using a history of voting patterns (rather than true ownership) to invoke Section 273 principles which the legislature has made clear should only apply in a two shareholder situations.TransPerfect has three shareholders, but because Shirley Shawe is Philip Shawe’s mother Bouchard is saying that because they vote together, he can treat them as the same shareholder.
This is a reckless and dangerous precedent to set, and a formula for a vast increase in litigation by stockholders who will view the Chancery Court’s broad equitable powers as a way to get a better deal than what they negotiated for in their shareholder agreement.
Simple example: Huge investing groups vote the same on Board and Shareholder decisions all the time. In applying new law Bouchard proposes to create to a scenario where there are, hypothetically, four hedge funds that each have shares in a profitable company with 10%, 17%, 33%, 40%, stakes respectively and litigation is commenced between the shareholders, there would be a strong likelihood of a disastrous and inequitable result. If the 10% shareholder and the 40% shareholder have always voted in a consistent pattern then, for purposes of dissolution, the Court (i.e. the government) could seize control of a profitable private company, with capable management, and auction it off to the highest bidder.
Unprecedented Ruling by Bouchard
What Bouchard’s unprecedented ruling in the TransPerfect case does is turn Delaware’s law (and reputation) on its head creating substantial uncertainty for the corporate world which looks to Delaware for stability and predictability.
It is telling that if TransPerfect had been an LLC (rather than a corporation), it would have been beyond Bouchard’s power to dissolve it as long as it could continue to fulfill its purpose.
DELAWARE DIRECTORS MAY NO LONGER HAVE RIGHTS TO BOOKS & RECORDS
It is undisputed that Elting took $21 million in unilateral unauthorized distributions (the word for dividends in an S-Corp), that she claims she was justified because it was for her individual taxes. Bouchard whitewashed this conversion of funds, as well as Elting’s subsequent raiding of the company coffers to pay her personal lawyers and advisors (Kramer Levin Naftalis & Frankel and Kidron Advisors). Once familiar with the facts, even the Chancellor’s hand picked Custodian would not condone such avaricious behavior and forced Elting to repay the absconded funds.
When Shawe entered Elting’s office to investigate the unauthorized distributions, as Delaware law requires him to do as a Director and Officer when suspecting fraud, he was with a professional Fraud Examiner while doing so. Yet, the court was deceived into ruling that Ms. Elting’s company-owned office was somehow her private personal property. Shawe had every right (and duty) to examine her emails stored on the company equipment and enter her company for an investigation, once he suspected fraud. Now, he faces unwarranted sanctions for doing so. Additionally, these emails contain information which would have exonerated Shawe. Yet, the Chancellor improperly refused to allow them into evidence.
Instead of reviewing the emails in camera, the proper course for a judge when fraud is alleged, Bouchard is now threatening to sanction Shawe by paying millions of dollars in Elting’s legal fees.
This is another disastrous precedent Bouchard has hoisted upon the Chancery Court.
Can anyone imagine a world in which a Director or Officer (in this case Elting), empowered by the Company Handbook, cannot be investigated for fraud if suspected by her Co-Directors and Officers—for fear of an unwarranted multi-million sanction?
This aspect of Bouchard reasoning alone is spine-chilling, impractical, and defies logic.
III. PUNITIVE SANCTIONS
Bouchard has stated he believes it is within his powers to sanction Shawe punitively for the full amount of legal fees Elting has run up in the case—even for causes of action that Elting dropped at trial. Therefore, he contemplates having Shawe reimburse Kevin Shannon (Potter Anderson) for bringing baseless claims and causes of action that could not be proved at trial. I cannot think of a precedent that would encourage more frivolous litigation. The more claims Elting brings that she can’t prove, the more it costs Shawe in reimbursing Kevin Shannon and Potter Anderson.
One might argue that Bouchard was being fair because he sanctioned Kramer Levin$135,000 for failing to answer deposition questions. However, this argument is a red herring. From the public record, the deposition testimony of Ronald Greenberg of Kramer Levin is plainly critical to proving Shawe’s claim that deadlocks were manufactured and that in a well thought out plan he masterminded a scheme to use dissolution as a vehicle to maximize Elting’s exit value.
What Shawe needed was an order that Elting’s attorney answer the questions. Instead the court sanctioned them $135,000 for the cost of the deposition and shielded Greenberg from ever having to answer the questions. I’m sure Shawe would have preferred to soak up the cost to expose the Elting’s fraud, but Bouchard forestalled this line of inquiry. This hollow gift from Bouchard to Shawe, appears calculated to allow Bouchard to appear even-handed, while doling out his pre-ordained sanction on Shawe.
Judson, I could keep going and going, helping you analyze the obvious travesty of justice, destruction to Delaware’s reputation, and the detrimental effect that Chancellor Bouchard’s decision has had all the stakeholders of this thriving business (except Ms. Elting and Kevin Shannon).And I have not even reached the most shocking material—including Bouchard’s new definition of the 226 “irreparable harm to the business” standard that he used to empower himself to takeover TransPerfect.
However, as I close PART #1, I just want you to know one thing: There are many attorneys and members of the Bar in Delaware who feel the same way that you do, and want to see this company left alone from Bouchard’s bias, activism, and judicial overreach, but are too afraid to sacrifice the next 12 years of their career to speak out against him.
Thank you, Judson, for having the courage to say what others will not, and for your journalistic integrity.
A Concerned Delaware AttorneyRespectfully submitted
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Source:
http://hubpages.com/business/Shocking-Legal-Analysis-of-the-TransPerfect-CaseDelaware Legislature Must Act
Dear Friends,
On Friday, June 17, 2016, reporterJeff Mordock wrote an article in the Wilmington News Journal about the controversial TransPerfect Global case which is before the Delaware Court of Chancery (which I have been writing about), whereby Chief Chancellor Andre Bouchard, ordered the sale of this extremely profitable company, siding with the Plaintiff, Elizabeth Elting (who appears to be spiteful, vindictive, and acutely unreasonable, from the court documents and pleadings I have read) over defendant Phillip Shawe who appears to love his company, cares about his employees, and has led the company successfully through his brilliant creativity and hard work. Shawe does not want the company sold and Elting does. Shawe has offered Elting more than what her share is worth, however she only wants to hurt Shawe by refusing to negotiate in good faith.
Sworn Testimony about Phil Shawe’s Devotion
The Chancellor in the wake of obvious cronyism and the appearance of personal improprieties has made an arbitrary and capricious ruling, although certainly within his legal right, which is clearly inequitable and does not represent the greater good. Although, reporter Mordock was somewhat thorough in his article, his reporting was typical drive by media reporting (sensationalizing the fact that Elting and Shawe once had an amorous relationship) while missing what is most important, the fact that the company is being forced to be sold and 4000 well- paying jobs could be lost.
Murdock further misses the boat here in that the American dream is being dashed because one of the owners appears to be willing “to cut off her nose to spite her face,” with total disregard for her employees’ well-being. On the other hand Phillip Shawe wants to maintain the company that he created and nurtured to where it nets over $500 million dollars per year.
The article mentioned the legislation sponsored by Senator Colin Bonini (R) in the Delaware Senate to prevent the sale of company’s like TransPerfect, however Mordock only interviewed the detractors and not the proponents portraying a negative bent on the whole issue. Although reporting on the real possibility that this decision in the Chancery Court could hurt Delaware’s profitable corporate franchise which brings in millions into its coffers if future entrepreneurs start incorporating in Nevada or Rhode Island instead of Delaware, Mordock has clearly missed the boat on the real essence of this important issue.
Intentional Disregard or Collusion?
This brings me to the disappointment I have in Senate Minority Leader, Gary Simpson (R), and House Minority Leader Dan Short(R) who oppose the legislation. I am surprised that they don’t get it.
In the News Journal article Mordock quotes Simpson who says, “He hasn’t received any e-mails about it”. Hello Senator-you are on my vast e-mail list and have received e-mails about it. Simpson further states, “We have a reputation in Delaware for having a Chancery Court where litigants and their attorneys know how Delaware law reads. To give uncertainty because a party may be able to persuade the Delaware Legislature to change things is just bad.” I vehemently disagree. Regardless of this reputation, when something is wrong, it’s wrong and if it is wrong, it needs to be changed. Delaware’s Chancery Court reputation and corporate franchise situation will be tainted by Chancellor Bouchard’s ruling and the law needs to be corrected to prevent this kind of hard core decision from being implemented.
Likewise, Representative Dan Short is quoted by Mordock as saying, “ The company’s dysfunction is the result of its own lack of corporate governance to resolve a bitter dispute between its leaders. The Chancery Court is using the tools available to it under Delaware law to untangle a knot TransPerfect tied for itself.” Again I disagree whole heartedly. Who said the court is responsible for untying a knot it never made. If Ms. Elting is unhappy there was nothing to stop her from selling her shares on the open market and there is still nothing stopping her today. Instead, it appears she consciously manufactured deadlock to use the court in an attempt to get a higher price than the market is willing to pay.
The law needs to be changed to prevent a litigant from using false and questionable evidence to manipulate the court. The judge in New York threw out her case; why didn’t Bouchard? Who clearly benefits by not settling? Certainly not Phillip Shawe!
The Truth that Media is MissingThe company is not dysfunctional, and although there was no agreement in place between the two owners to resolve disputes, there are more reasonable options available to the Court in lieu of selling a very well working company. Just because the Chancellor has the authority “to kill the goose that laid the golden egg”, doesn’t mean he has to do it. Elting is using the court and Bouchard has either fallen for it or is subconsciously working to help his buddies involved (the law firm, the custodian who spends $5 million each year of TransPerfect money, etc.)
The proposed law change makes sense. The problem here is, even though I respect Gary Simpson and Dan Short and consider them friends, they appear to have become “Establishment Politicians”. The entire Delaware Legislature should go to school on the amazing phenomenon of Donald Trump ( a bombastic, politically incorrect egocentric) and Bernie Sanders (a passionate Socialist) who both are resonating with millions of voters. People are hurting and they are sick of the “Status Quo” of the “Political Establishment” on both sides of the isle. Delaware is not exactly booming with a great economy or positive economic growth. This Chancery Court ruling by Andre Bouchard and rulings like it will only tend to hurt the State of Delaware economically. The law needs to be changed in this legislative session and there is a realistic bill on the table to do so. Delaware voters are watching and they are very frustrated. The election is coming up in November.
As always your comments are welcome and subject to being forwarded.
Respectfully submitted,
Judson Bennett-Coastal Network
What is the Court of Equity in Delaware?Dear Friends,
The Delaware Court of Chancery is supposed to be Delaware’s Equity Court. What is the definition of the word “Equity”? Equity is defined by Webster’s dictionary as “ the quality of being fair and impartial.” When there is a corporate dispute, involving a Delaware corporation, the Delaware Court of Chancery decides the case. The decision is supposed to be based on objective fairness involving reasonable decisions based on the evidence provided. All relevant evidence should be objectively considered.
If it is not, then there is something radically wrong.
So how does TransPerfect Fit in?
This brings me to the TransPerfect Global case of which I have been writing aboutwhere there are obvious improprieties involving a questionable decision. Let’s put everything in a very simple perspective. The company is a translation company that nets over $500 million dollars per year. It employs about 4000 people. It has 90 offices world- wide. It is a Delaware Corporation. There are two equal owners who were once lovers. The owners Elizabeth Elting and Phil Shawe are at odds and do not get along.
Now, the case: Elizabeth Elting (who vindictively) wants the company to be sold and Phil Shawe (who loves his company and cares about his employees) does not. Shawe has offered Elting 300 million dollars for her share which is more than she would get at a public action.
If the company is sold, there is a good chance that many of the 4000 employees would lose their jobs. The presiding Judge is the Chief Chancellor named Andre Bouchard.
Elizabeth Elting who brought the complaint before the court refuses to make a counter offer or agree to any reasonable negotiations out of what appears to be pure spite. It certainly looks as if she wants the company to go to public auction just to hurt Shawe.
Chancellor Bouchard has ordered a temporary custodian (one of his buddies) to run the company during the interim. Elting’s attorney Kevin Shannon is a friend of the Chancellor and they appeared on a legal panel together in New Orleans while in the heart of this lawsuit. This custodian has threatened employees with job terminationthrough inter office directives not to discuss the case. Millions of dollars have been unnecessarily spent with this custodian at the helm (<$5 mIllion) usurping Shawe’s successful leadership which has been clearly proven by the company’s financial success over the years and by the testimony of many employees.
There was no testimony on behalf of Elting. Evidence indicating some irregularities by Elting has not been allowed to be presented. Other substantial evidence on behalf of Shawe has been ignored. Granted, under normal circumstances, when two owners of a company cannot agree and there is no written agreement in place (which there isn’t), then the assets have to be sold or one partner buys out the other? However in this case, you have one partner who is willing to buy out the other for more than what her share is worth.
Let me mention one more fact. Elting lied in a recent Forbes piece where she stated that in response to Shawe’s offer she told the custodian that she would offer more. It is a lie, and she is not offering to buy, nor is she willing to sell to Shawe. This is the key fact Bouchard ignores. He can force the mediation by telling the parties he will install a third board member to break any tie and then leave the case alone.
The Questions Not Being Asked
Therefore I ask the following questions:
Why does Chancellor Bouchard not order Elting to settle or become a silent partner?
Why would he order the sale of a viable company possibly costing thousands of employees their jobs?
That being the case, why would someone want to incorporate in Delaware when this is the possible result?
I am a writer who has an interest in many things. I love to expose inequities when they are obvious. Having followed this case very carefully, there is no doubt in my mind that there have been suspicious irregularities in the way this case has been handled. There is certainly the appearance of improprieties. There has been no objective fairness, impartiality, or reasonable consideration which is the duty of this court.
Elting’s lawyers even bragged about how this judge awarded everything to Elting and ignored Shawe, saying they felt it was not usual.
There is certainly grounds for appeal to Delaware’s Supreme Court if this case is not equitably resolved. What a shame to have a successful business decimated because of a personal vendetta by one of the partners apparently supported for whatever reason by the Chief Chancellor.
I hope justice prevails and TransPerfect remains intact as a shining example of the success of an American dream. These success stories are few and far between these days.
Always on Delaware’s Side
As always your comments are welcome and subject to being forwarded.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Rick Bell of Harvard Business Services SpeaksDear Friends,I received this e-mail from Rick Bell in response to the TransPerfect articleabout Chancellor Bouchard’s controversial ruling. Rick Bell, a former Lt Governor candidate, is Delaware’s foremost specialist on forming Delaware corporations worldwide. Rick also tells me that incorporations in Delaware are down 1.5 % and new business growth is way off.Bouchard’s actions will definitely hurt Delaware’s credibility. Below Rick Bell’s message is a News Journal article by Jeff Mordock.Please become aware of this disaster in the making by reading these articles. Call your state legislators and let them know how you feel.Harvard Business Services
Rick Bell’s Delawareinc.com | Source
Rick Bell
“Jud,
As you know, we form Delaware companies for people. In fact, we form more than 15,000 new Delaware companies per year for people from all across the USA and all around the world. On a good day, we’ll form more than 50 new Delaware companies. There are many companies like ours, except we are different in that we form ONLY Delaware companies. Most of the other companies in this business will form a company in all 50 states.
The Court of Chancery decision you are referring to is one of the most significant stumbling blocks to many entrepreneurs choosing Delaware. The decision may be justifiable to the chancellor, but it is a disaster for Delaware’s image.
When people are making a decision as whether to choose Delaware or their home state, they take a leap of faith that Delaware will be better for them. Specifically, they perceive Delaware as protecting Directors and treating stockholders fairly. This case has everyone thinking that Delaware is unpredictable and makes rogue decisions that could literally assassinate your company even if you’ve been successful in the marketplace.
If it is reversed by the Supreme Court Delaware will be better off.”
Richard H. (Rick) Bell, II
Chairman & CEO
Harvard Business Services, Inc.
16192 Coastal Highway
Lewes, Delaware 19958
Delaware is the Corp CapitalWhat should Judge Bouchard do?
“What’s going on in Delaware”
This is my 4th article in a series spotlighting the recent practices and apparent bias in one of the Delaware Chancery Court Cases which has gleaned significant public attention.
In my last article in this series I focused on the Elting v. Shawe case involving the company Transperfect, a translation company with 4,000 employees and 90 offices throughout the world. For those of you who might be just joining this series, this is a case involving the highly-connected Democratic activist Andre Bouchard who was appointed Chief Chancellor of the Chancery Court although he never served a day on the bench. His appointment by Governor Markell was never questioned and in my first article I pointed out how Bouchard seemed to be part of the rampant cronyism widespread in the Delaware Court System.
If there was ever a reason to question these type of practices and the harm they can cause to the people of Delaware, the Transperfect case is a shining example. You may recognize this case by now from my previous missives: This is the one where Chancellor Bouchard in one of his very first cases appointed a custodian to oversee an auction of this quite profitable company. What makes this unique is that Chancellor Bouchard’s decision was unprecedented in the history of Delaware and its implications can have a chilling effect on the future of Delaware as the corporate capital of the United States. The people of Delaware have every reason to be concerned as 14 percent of all jobs in Delaware are created as a result of this franchise and this decision has raised eyebrows up and down the legislative hallways.
However, this decision has more immediate repercussions to the 4,000 employees of TransPerfect who have started a committee to amend statute 226…. to prevent this type of unprecedented judicial activism that has a good chance of leading to the loss of many jobs and possibly lead to the demise of this company which has never failed to have a profitable year in its 24-year history.
The aspects of this case are quite fascinating. After reading many of the motions and testimony in this dispute what made it so unusual was not only was it the first decision of it’s kind coming from a freshman jurist but that there was an obvious prejudice by Judge Bouchard who completely ignored the overwhelming evidence presented by Defendant Shawe that indicated many questionable irregularities by the plaintiff. Ten witnesses testified on behalf of Mr. Shawe while Ms. Elting presented none. This prejudice amplified when the judge refused to allow communications on company emaiIs between Elting and her husband Michael Burlandt, the company real estate broker, to be presented in court showing further evidence of a nefarious scheme to debunk the status quo of TransPerfect to the detriment of its founder Phil Shawe.
If the ruling by Chancellor Bouchard to auction a profitable company (which makes over $500 million dollars a year) and forcibly take it away from it’s visionary founder Phil Shawe wasn’t strange enough, then how do you explain such a ruling that appeared to be based entirely on Elting’s questionable testimony? Shawe, on the other hand, was not allowed to present relevant and beneficial evidence to make his case. Furthermore, much evidence that was presented by Shawe which put Elting in a very bad light, was completely ignored by Chancellor Bouchard. Apparently Ms. Elting tried to remove Mr. Shawe as CEO in a New York State Court prior to coming down to Delaware, where the judge summarily threw her case out not in small part due to the fact that 110 employees submitted affidavits on behalf of Mr. Shawe. As in the Delaware case Ms. Elting presented none, yet Chancellor Bouchard apparently didn’t care. The appearance of improprieties and substantial court bias throughout this whole case are outrageous, and any logical observer could ascertain grounds for an appeal.
Regardless of the negative effect this arbitrary and capricious ruling could have onDelaware’s lucrative corporate bonanza, any logical person who has followed the case as I have, can clearly recognize that fairness and justice have not been adjudicated. There is much more to talk about, so more articles are coming. As always my opinions are open for discussion and your comments are welcome.
New York Times Agrees that Delaware Chancery Has Too Much Power
Who Decides ‘Fair Value?’ In Dell’s Case, a Judge
Andrew Sorkin writes about the difficulties in Delaware’s Chancery Court’s control. In a story about Dell, the Delaware Chancellor determines fair value, not the market.
Always on Delaware’s Side
Respectfully submitted,
JUDSON Bennett-Coastal Network
Getting along?This TransPerfect Case Just Gets More Tangled
I have written several times about the TransPerfect Global fiasco; the one where Delaware’s Chief Chancellor Andre Bouchard ordered the sale of this very profitable company. A decision that will most likely result in the loss of jobs and even destabilization of the entire company.
Here you have an American success story, and a Delaware Judge who has overstepped his authority by making an arbitrary and capricious decision, which is resulting in an un-American situation. This decision is not only bad for Delaware, butbad for America.
What is even more interesting and disconcerting, the temporary custodian of the company appointed by Chancellor Bouchard has now decided to apparently inhibit/prevent employees of TransPerfect from exercising their First Amendment rights. Apparently, 600 employees of TransPerfect are openly speaking out about the Court’s decision and the happenings within the company.
Please read the memo below that was sent to the Management Team of TransPerfect requiring spin to be propagated to employees and threatening disciplinary action including job termination. I was copied with this threatening memo by my internal source.
Custodian: TransPerfect is Doing Very Well
Custodian Robert Pincus says TransPerfect is doing well. If so, why is Bouchard looking to auction the firm?
Robert Pincus to TransPerfect StaffTo the Management Team:TransPerfect is performing exceptionally well and growing quickly, thanks to your hard work. We are committed to keeping it that way, and our highest priority is supporting you and the continued success of the business.
It has come to our attention that some of our employees have recently spoken with the media about the pending litigation between the shareholders of TransPerfect, and in some instances seemingly have sought to attempt to pressure the Delaware court. We believe that those actions are counterproductive and that they should stop.
If you receive a call from a reporter or member of the media, our Company policy is now that you must refer that person to Joel Mostrom, who will respond directly or designate another spokesperson. We want to remind you, and we ask you to remind your colleagues, that: this policy covers all forms of responses to the media, including, without limitation, off-the-record and anonymous statements.
Any deviation from this policy may lead to disciplinary action up to and including termination. Your strict adherence to this policy is expected, as well as appreciated by management and your colleagues. [TransPerfect Employee Handbook] The purpose of this policy is to avoid media and other actions that may negatively impact TransPerfect’s business. Please be mindful of the policy and its importance going forward. We ask each of you as our key managers and leaders to continue to focus on your responsibilities and serving the needs of our clients. All of our efforts should be aligned in that direction. To the extent that your colleagues have questions regarding the litigation, we have included the attached FAQs. Thank you.
Frequently Asked Questions for Employees
Is the Company definitely being sold and, if yes, when?
The Delaware Court of Chancery ruled that the Company should be sold, and the Court is expected to make a determination about a sales process in the near future; however, the Court’s decisions will be subject to appeal, so there are no definitive answers to these questions at this time.
I heard that the Company could potentially be “dissolved”—is that true?
No—at least not in the conventional sense. While the Company’s ownership structure may change, the Company is expected to continue with business as usual. That is the best path to future value creation, and the Court has clearly indicated its intentions along those lines.
Is any of this likely to impact the Company’s day-to-day business?
No! A third director has been appointed by the Delaware Court of Chancery to help resolve any disagreements between the Company’s shareholders and to facilitate the continuation of TPG’s strong growth and success. A final resolution of the dispute between the shareholders will only help the Company. In the meantime, it is important that we all remain focused on serving the needs of our customers.
There you have it folks, your comments are welcome.Respectfully Submitted,JUDSON Bennett-Coastal Network
Should Chancellor Bouchard Mandate a Sale of TransPerfect or Allow Parties to Settle?
Top of Form
Parties have already indicated possible settlement terms, let them do it.
No, Mandate a sale and force a profitable company into Dissolution
Bottom of Form
See results without votingElting and Shawe Both Made Offers
Shawe Offered $300M and Elting said she would Pay Shawe More | Source
Important Stories to Sum up TransPerfect Case
Typically in corporate legal disputes, mergers, acquisitions or sales, the company’s employees are like the children of divorce: severely affected but little heard from. Well, amidst a contentious corporate battle going on in a Delaware courtroom, the employees of TransPerfect Translations are demanding that their voice be heard and taken into consideration
One April 26, the employees of the New York-based translation services company sent two letters to Delaware Chief Chancellor Andre G. Bouchard; Peter C. Schwartzkopf, the speaker of the Delaware House of Representatives; other members of the Delaware house and the media to present their perspective before a final ruling in the case. And to inform the public of their situation, a group called 610 Employees of TransPerfect Globally ran radio ads on local Delaware stations and placed a two-page advertisement in the Delaware News Journal that reprinted the contents of each letter
Hoping to save the company they work for, as well as their jobs, the employees wrote to the judge before he rules on the bizarre case currently before him. The case revolves around Elizabeth Elting, the co-chief executive officer of TransPerfect, who is suing the other co-CEO, Philip Shawe. Elting claims the two can’t work together anymore and that the company is unable to operate because of their dysfunction.
Elting wants out of the private company she co-created and has co-owned with Shawe for the past 24 years. In 2013, TransPerfect became the third-largest translation services company in the world, the second largest in the U.S. and the largest privately held company in the $35 billion translation services industry. The firm has more than 4,000 employees in 100 cities on four continents. These experts translate more than 170 languages for a high-profile client list that includes USPS, IKEA, Johnson & Johnson, and Hilton Worldwide.
Shawe offered to buy her out and pay for her share of the company, which shockingly has no debt. However, Elting doesn’t believe she’s getting a fair offer for the company that last year posted revenues of $500 million and a profit of $80 million.
In order to get a what she considers a fair market price, Elting wants the company sold to the highest bidder. Unable to find a judge receptive to her case in New York state, she filed the lawsuit in Delaware, where the non-jury trial is now being decided by Bouchard.
Both sides in the case have rested and in October Bouchard issued a preliminary ruling in which he appointed a custodian to create an exit strategy for Elting that will get her the most money. The strategy consists of selling the company against Shawe’s wishes.
This means that for the first time in U.S. history, a private, profitable, and highly-successful company that has not been accused of any wrongdoing or impropriety is being taken over by the government. The judge is placing a middleman in charge of the situation for the purpose of dissolving the company and having it force-sold against the wishes of two out of three shareholders. Elting owns half, while Shawe and his mother own the other 50%.
It also appears to be against the wishes of the employees who fear losing their well-paying jobs in a niche industry. So far, the employees have not received a response from Bouchard, who has issued a series of unprecedented decisions that are so unusual and blatantly one-sided that observers say they are not based on law and equity.
This case could have far-reaching repercussions for companies throughout the U.S.
Bouchard’s actions have found little support and have actually drawn fire across the country. The Chancellor’s toughest and most notable critic to date has been former New York City Mayor Rudolph Giuliani. Giuliani, who also served as U.S. Attorney for the Southern District of New York, called Bouchard’s ruling an “un-American” decision, offering the notion that more time should be granted before the draconian “dissolution” and “force sale” decision becomes final.
With more than 850 jobs in New York, 2,300 jobs in the U.S. and 4,000 worldwide at stake, the world is watching and waiting for Bouchard to make his next move.
Chief Chancellor Excuses Potential Fraud and Could Force a Sale of a Viable Multi-million Dollar Company?
Delaware’s rookie Chief Chancellor, Andre Bouchard, is casting a dark shadow over his 2-year run as the Chief Chancery Court Judge. This was evident in one of his most recent decisions where he ignored overwhelming evidence and a pattern of behavior that I wonder could border on the illegitimate? Instead, he chose to rule in favor of a single party (Elizabeth Elting) who happened to be represented by his buddy Kevin Shannon. This culminated in a decision that has the potential to ruin a company and destroy the jobs and careers of 4,000 hardworking employees worldwide, 2,300 of them in the United States, nearly 1,000 in the northeast, and set a chilling precedent that could destroy Delaware’s longstanding reputation as the capital of corporate America.
Bouchard wasted no time in leaving his mark on the court with one of his first big cases, Elting v. Shawe C.A. No. 9700-B. It makes it clear that Bouchard is going to do things his way whether or not the law and evidence agrees with him. This decision is not so surprising considering Bouchard’s history of cronyism at the Register of Wills office in Sussex County. This case couldn’t help but remind me about the piece I wrote, on April 8, 2016, when I learned that one of the attorneys was Kevin Shannon from Potter, Anderson and Corroon. Mr. Shannon and Chancellor Bouchard have an illustrious history together, both working on the infamous case “In Re The Walt Disney Company Derivative Litigation” when Bouchard was a practicing attorney. In that case, a derivative action was brought on behalf of the shareholders disputing the $100 million payout Disney gave to Michael Ovitz after he was fired. Bouchard represented Disney and Mr. Shannon represented a fellow Board member Sanford Litvack.
Mr. Shannon and Chancellor Bouchard as recently as March 16, 2016 were co-panelists together in New Orleans at a Tulane University law panel. Considering Chancellor Bouchard’s history, it comes as no shock that Mr. Shannon’s client not only won the case but as far as I can see, every motion as well. He even held a hearing to sanction Mr. Shawe for, in part, reading his partner’s emails that were open and available on the company server – stating that the company privacy rules did not apply to her. Could this have been done as a means to make Shawe pay Elting’s outrageous buyout demands? For the record, as a few publications reported this week, Shawe offered her $300 million this week and if she declines or refuses to make a counter offer, this should tell any reasonable person which party wants to come to a settlement and which one is playing games?
While I have fervently criticized Chancellor Bouchard in the past, it seems he has truly gone off his mandate in this instance by ignoring evidence indicating the possibility of tampering, and intent to take down a company from within? Instead he has focused on intemperate emails between the two partners to dissolve a thriving and profitable company, while ignoring suspicious irregularities whereby there were, according to Phil Shawe’s defense team, serious breaches of fiduciary duty?
Employee Campaign
In case you haven’t seen the case, which I’ve written about twice in recent weeks, let me sum it up for you here: Bouchard’s Delaware Court of Chancery ordered the sale of a $500 million profitable translation business because one of the partners who has a very limited role at the company claimed there was a deadlock. The fact that the company has been and continues to make record profits makes this decision all the more disturbing because this has never happened before in the history of Delaware!
After reading the various papers in the court file it is very obvious in my opinion that Ms. Elting seems to be manufacturing deadlock and using the court to gain a payout she could never get if she sold her shares on the open market. So why is this a concern for the people and the great state of Delaware? Chancellor Bouchard is sending a message to corporate America that if you are having any squabbles at a board meeting then by incorporating in Delaware you risk the court selling your company out from under the rightful owners.
The decision was so outrageous that former New York Mayor Rudy Giuliani chimed in and has been strongly critical of the decision. Giuliani said, “it is unAmerican for the court to break up a thriving successful company just because two directors are having some disagreements.” The last thing Delaware needs with all of its other economic problems is a mass exodus by corporate America.
I applaud Giuliani’s efforts because someone needs to come to Delaware with a big broom and sweep out this mess. I said it before and I’ll say it again… the bottom line is that a very well politically connected lawyer who was appointed Chief Chancellor of the State of Delaware’s Chancery Court — even though he never served a single day on the bench, is in my opinion, making arbitrary decisions that seem to have no basis in law or fact. He apparently favors a single litigant (the plaintiff) whose attorney has a long-standing relationship with the Chancellor himself. This is indeed the appearance of an impropriety and most likely will be part of an appeal by Shawe’s legal team, if they so desire.
From my perspective, I believe it is no coincidence that Chancellor Bouchard either got this totally wrong, or is making sure “his” people are taken care of. Nothing could be more compelling than the dissatisfaction of more than 600 employees of TransPerfect themselves who took out two full page ads in the Delaware News Journal expressing their opinion that there was no dysfunction at TransPerfect and that the Chancellor’s decision will inevitably result in the loss of many jobs, if not the total downfall of this extremely successful business.
Chancellor Bouchard should know and care that people’s livelihoods are at stake and the corporate world is watching. This is his first big case, and it will not only define his career, but risks the future of Delaware as the state of choice for corporate America.
Open Letter to Chancellor Bouchard
600 TransPerfect employees are urging Chancellor Bouchard to maintain the company management and leadership teams | Source
Prepared by Judson BennettContact Judson BennettReferences:Website for TransPerfect Global:http://www.transperfect.com/Link to Conference in New Orleans:http://www.law.tulane.edu/tlsLifeAfterLS/Files/CLIAgenda-Revised.pdfRespectfully Submitted,JUDSON Bennett-Coastal NetworkWhat Should Chancellor Bouchard Do?
[polldaddy poll=9549700]
Chancellor Andre Bouchard
Misguided Delaware Chancery Court Chancellor Andre Bouchard | Source
Article about Rudolph Giuliani and Chancellor Bouchard
Dear Chancellor Bouchard—An unAmerican decision that hurts Delaware’s corporate credibility
The article linked here was written by Jeffrey Mordock at Delaware Online, and is a follow up to the looming decision that had been scheduled for Wednesday, April 27th by Delaware’s Chief Chancellor Andre Bouchard – who initially had seemed to be siding with one party, rather than take an equitable stance. The Court of Chancery is Delaware’s equity court and decides what is to happen when there are disputes or legal problems involving a Delaware Corporation. From the rulings so far, the indication was that Bouchard was going to make an extreme decision where a successful company will be forced to be sold.
What would you call a situation where a Delaware Corporation named TransPerfect Global, a very successful $500 million dollar company operating in New York City, that hires 4000 people, is being forced by the Chancery Court to be sold, just because one stockholder chooses to be ridiculously unreasonable?
What if it is apparent that Delaware’s Chief Chancellor, Andre Bouchard refused to address the evidence presented to him? I call it inequitable, especially when the company will most likely be put up for sale and the many jobs may go overseas, thus risking putting 4,000 people out of work. Does this sound equitable? He balked at it instead.
Is it right, is it fair to force a company to be sold and to put sanctions on one of the owners based on irrelevant and misleading information that has nothing to do with fairness. Is it not suspicious or at least the appearance of an impropriety when the presiding Judge who is the sole decision maker on this company’s outcome sits on an educational panel with the plaintiff’s attorney?
The bottom line is that a single Judge named Andre Bouchard, Chief Chancellor of the State of Delaware’s Chancery Court is able to arbitrarily make or break a viable company. Seems un-American to this writer. Former Mayor Rudy Giuliani agrees—read the fascinating article below.
Samuel Waltz, a writer for the Delaware Business Times, also wrote on this topic and explained the fact of Elizabeth Elting’s desire for a control premium, and how it seemed as if Chancellor Bouchard was considering offering it.
Contact Judson BennettReferences:Website for TransPerfect Global:http://www.transperfect.com/Link to Conference in New Orleans:http://www.law.tulane.edu/tlsLifeAfterLS/Files/CLIAgenda-Revised.pdfRespectfully Submitted,JUDSON Bennett-Coastal NetworkEmployees Rally to Save Company
As the story continues, 600+ employees of TransPerfect rallied to save the company.They signed and mailed a public letter to Chancellor Bouchard begging not to permit the company the sale to an outsider, and paid for a two page ad featuring the public letter in a Delaware newspaper.
On April 27, 2016, Chancellor Bouchard seemed to have yielded a little and taken heed of the various warnings. He blasted the idea of imposing an arbitrary non-compete on half owner Phillip Shawe and suggested he would not allow one. Bouchard also pushed his decision off 30 days and demanded that the parties settle it outside of his courtroom.
Court InvolvementShould Chancellor Bouchard Demand the two parties settle outside of court?
Top of Form
Yes – Force them into a settlement and do not impose a sale by the courts
No – Just force a dissolution because the two cannot agree
Bottom of Form
See results without voting
Elizabeth Elting’s Position
One Elizabeth Elting, 50% owner of TransPerfect, seems to be holding up the equitable sale of TransPerfect. Phillip Shawe, the other owner, has offered her 50% of the value and Elting turned it down. She wanted Chancellor Bouchard to offer the control premium, impose a noncompete and force the company to an open sale – hoping to command higher than the $300M offered (higher than 50%).
Link to Rudolph Giuliani Article
TransPerfect as a verb 
image: brett ryder
image: brett ryder
Donald Trump introduced his new line of signature shoes at Sneaker Con.Chip Somodevilla / Getty Images
Employment signage as seen outside a business in Henderson on Tuesday, Dec. 21, 2021. (Daniel Clark/The Nevada Independent)
OPINION
Dear friend,
President Joe Biden, besides being the worst President in United States history, is without any doubt in my mind, not only a huge hypocrite, phony, and a criminal, he is now and always has been a nefarious liar about everything in his entire life.
He lied about his grades, his education, his accomplishments, his marriage to Jill and how they met, and much more. It amazes me that the majority of the people of Delaware and much of the nation never really recognized, just how bad Biden really is? Not only is he all of the horrible things I mentioned above, he is also quite stupid and incredibly arrogant.
When you are President, eventually, everything you ever said or did is checked and documented. Biden always thought he was immune to being exposed. A corrupt press has apparently been covering up for Biden’s despicable prevarications combined with his previous charisma (which is no more), is the only possible explanation I can offer for his re-elections and now absurd Presidency? Well folks, the chickens have finally started to come home to roost!
The latest outrageous lie that Biden propagated, which was only covered by Fox News, is his laughable and false story about his epiphany concerning his feelings about Gay marriage. Being from Delaware, having played football against Joe Biden at his school (Archmere Academy) and at my old school St. Andrew’s, this latest lie really rubs me the wrong way, and I can personally vouch for his falsehood.
Biden claims at a young age he learned from his father how to appreciate Gay relationships and marriage. Biden said recently, that when he was a young boy, while his father was dropping him off at Archmere Academy, they observed two well-dressed men in business suits kissing, and after the embrace, Biden says he watched one man go into the DuPont building and the other go into the Hercules building across the Street. His father told him it was “because they loved each other.” Biden then said, got out of the car and went into his school.
Here’s the rub folks: The DuPont building is and was 7 miles from Archmere Academy and the Hercules Building was not built until 1989. Biden graduated in 1961. I know the area extremely well. He is lying.
What is even more damming, there is a clear video of Biden stating as a young Senator, “That marriage should only be between a man and a woman and he was opposed to Gay Marriage.”
Folks, Biden has lied all his life, and he is lying to the American people about everything. He must be removed from office and the thought of him being in charge of our country for another term as President gives me chills. He is, in my view, a true abomination.
I personally don’t care what people do in their bedrooms. But Biden, who has always been homo-phobic and definitely touted it as a young man at Archmere Academy in 1961 according to my very reliable information. He has conveniently changed his tune for political purposes and has made up an absurd story to back it up. He is so stupid, he never thought this lie, among his thousands of others, would be recognized. That is the truth as I know it, and how I clearly see it. What do you think?
As always your feedback is welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkCoastal Network Asks: Why Was Andre Bouchard a Controversial Character?
We Got Quite the Answer From ChatGPT
OPINION
Dear Friends,
I finally tried ChatGPT, folks, after hearing so much buzz about it. For an old guy, I’ll admit I’m slow to try new things, but I was curious to try it and I asked it this question: Why was Andre Bouchard a controversial character?
In summary, Bouchard’s handling of the TransPerfect case got him into deep trouble as he ignored evidence, awarded excessive legal fees, had close ties to his favorite attorneys and firms (Skadden), awareding lucrative legal fees, according to ChatGPT, and his domain over the court defamed it, questioning the integrity and impartiality of the court itself.
Well said, ChatGPT. If you want to try it, just Google ChatGPT and you can start asking questions.
In case you’re not familiar with it, as I also wasn’t, ChatGPT is a language processing tool driven by artificial intelligence technology and creates human-like conversations on the internet. with a chatbot. ChatGPT answers questions, and helps with tasks such as emails and essays.
It’s been on my mind lately as I’ve been writing about Bouchard and the Chancery Court Corruption that he ruled and fueled.
I’ll let you read it, as I pasted the ChatGPT answer below.
I would love to hear your feedback on this, folks. Who says you can’t teach an old dog new tricks?
Respectfully Yours,
JUDSON Bennett–Coastal Network
Phil Shawe
President & CEO of TransPerfect | Entrepreneur | Philanthropist |
Coach, Mentor, Leader | Fan of Adventure Travel
Just a typical Wednesday at the Pune TransPerfect office…
A great honor of being CEO is having the opportunity to travel to our global offices, meet with our teams, and celebrate significant milestones.
Thank you to Anita G. and TransPerfect India for the warmest welcome I have ever received—what a surprise! Stay tuned for a second post with big news from Pune.
Happy 20th Anniversary TransPerfect India!OPINION
Dear Friends,
Don’t count former President Donald Trump out from winning the Republican nomination for President of the United States in the 2024 election. Despite the bad publicity from the January 6th fiasco and his vociferous and direct style, Trump is the favorite to win the nod, according to the polls. He controls 35% to 40% of the GOP and that percentage is real. Frankly, although in error with his knocking of former VP Mike Pence over the verification of the Electors, Trump never advocated attacking the Capital and he will not be prosecuted successfully for that.
Although very popular and extremely successful in Florida, and indeed a man who would be an excellent President, Governor Ron DeSantis is well behind Trump in the polls. Former Governor and UN secretary Nikki Haley is also a capable candidate, but also well behind Trump. I am hopeful that Trump will resist speaking ill of this competition, however Trump is Trump, and beats to his own drum.
At the CPAC convention in Maryland, Trump easily won the straw vote with 62% of the vote. He gave a dynamic speech covering all the inadequacies of Joe Biden, the worst President in U.S. history—covering his lies, influence peddling, border operation, terrible evacuation of our troops from Afghanistan, destruction of our oil and gas industry, and much more.
Frankly, any Republican candidate over this idiot Joe Biden, would be fine with me. Biden is doing his best to ruin this country. A Donald Trump and Nikki Haley combo would be very hard to beat if indeed the scenario turns out that way.
That’s the way I see it. As always, your comments are welcome and appreciated. Let me know what you think.
Sincerely yours,
JUDSON Bennett-Coastal Network
Leo Strine, Andre Bouchard and Jennifer Voss being called out for their Chancery Court corruption indeed is well-deserved for this collection of corrupt and former Skadden Good Old Boys. You chimed in and let me know, ranging from supportive to outraged. I’ll share your feedback in my next column.
Until then, I present the full-page ad that ran in the Delaware News Journal. Your feedback is always welcome and appreciated!
Respectfully Yours,
JUDSON Bennett–Coastal NetworkOPINION
Dear Friends,
I was amazed at the remarkable feedback I received from my last piece: 99% of you are extremely concerned about the huge increase in crime everywhere. Only one response took me to task, saying that since a huge six-foot-five student attacked a Teacher’s Aide in Florida recently, “DeSantis should get his own house in order first, before criticizing any other state or municipality.” The huge difference between how most of these other places operate and the state of Florida is that perpetrators are prosecuted and they go to jail. They are not out the next day, to continue with carjacking, smash and grabs, vicious assaults, and brutal murders like they are in most Democrat controlled cities.
Cash bail, which has been eliminated in many Democrat-controlled cities, is the major problem, while woke, progressive, corrupt prosecutors financed by George Soros — who refuse to do their jobs — is another serious issue. Florida Governor Ron DeSantis does not tolerate this absurdity and if you commit a crime, you are arrested and prosecuted in the state of Florida. I personally had a car theft and a home invasion issue. The police arrested the crook the next day and he is now serving a prison sentence.
I was delighted to learn that Chicago voted out one of the worst mayors in U.S. history: Lori Lightfoot. She actually encouraged crime and allowed an already spiralling crime situation to explode to extreme proportions. Good riddance!
As the American people are finally determined to end this criminal anarchy, they are finally waking up and slowly taking criminal prosecutors and incompetent politicians to task. Nobody wants to live in fear.
Folks, vote these monsters out of office, and look to Florida as the way to best govern in the U.S.A.!
Respectfully submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Can you imagine walking down the street in New York City and a guy punches you for no reason or throws you off a subway platform? If you own a business anywhere in Chicago, New York, Philadelphia, Baltimore, Seattle, San Francisco, Los Angeles, or even Washington DC among other Democrat controlled cities, imagine organized gangs invading your business, smashing and grabbing your merchandise? In all these places, District Attorneys, financed by George Soros, refuse to prosecute these blatant criminals, and there is no cash bail! The same criminals are able to operate over and over again with absolute impunity.
Folks, I value a person based on how they think and how they treat me. I also have no problem pointing out factual reality. Gangs, involved in vicious attacks, high-jackings, smash and grabs, and other violent crimes have become totally out of control, and we are no longer safe anywhere in most American cities. Crime has increased in all aspects, the police have been defunded and are no longer effective. Where are the parents and community leaders who should be influencing the American youth? Anarchy is happening throughout our country and we are no longer safe.
Interestingly, this rarely happens in Florida, because of Governor Ron DeSantis, where crime is not tolerated, regardless of a person’s race. There is cash bail, there is a stand your ground law (many private citizens are legally armed), and criminals are arrested, prosecuted, and go to jail. I think Florida is the safest state in the Union, because our Governor and his legislature have good sense and are willing to protect the citizens in the Sunshine State.
Folks, the answers to these problems are obvious. Vote out these Democrat Mayors, Governors and weak, prosecuting Attorneys, increase funding for the police, bring back cash bail, and promote more, active community outreach in impoverished communities. It is imperative that repeat offenders are removed from our society and locked up. Do I think this will happen any time soon? No, unfortunately I do not.
Regardless, crime will be a major issue in the 2024 election. The United States should look to Florida as the proper way to govern.
That is the way I see it. What do you think? As always your feedback is welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett–Coastal NetworkCheck out Leo the Hutt! And his cabal of Jabba the Hutts, folks! Leo Strine, Andre Bouchard and Jennifer Voss are also being called out for their Chancery Court corruption. Well deserved for this collection of corrupt and former Skadden Good Old Boys.
Below is the full page ad that ran in the Delaware News Journal. Take a look and let me know your thoughts. Your feedback is always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett–Coastal NetworkOpinion
Dear friends,
Nikita Khrushchev, former Premier of the Soviet Union, once said that the “United States would become communist from within!” It is extremely disturbing to realize, from documented testimony from innumerable students and a few conservative professors, that many of our country’s Universities are dedicated to indoctrinating students towards the destruction of our constitution, the elimination of capitalism, and eventual Communism.
Folks, this is a real and present danger and is actually happening.
Most of your Ivy League Colleges, including Harvard, Yale, University of Pennsylvania, and Columbia have dedicated Socialists teaching our students and indoctrinating them with a communist agenda. Even the University of Delaware has a Woke culture that forces many students to comply with this communist propaganda. In many cases Communist China is sending millions of dollars to various Universities and is also buying up private schools!
To make matters worse, many of the top prep schools, such as Exeter, Choate, and St. Andrew’s have hidden woke agendas, utilizing subtle Diversity Training and Critical Race Theory to prep the students towards a liberal agenda and socialist concepts. By the time these upper level students arrive at their colleges after graduation, they are already geared towards further indoctrination from Communist Professors who are dedicated to destroying our whole system.
Our state Governors, our Representatives and Senators must take legal action to stop the teaching and indoctrination of our students from a curriculum that promotes communism over Capitalism, contrary to our Constitution and American way of life. Folks, this is really happening and is a tremendous threat.
As always, your comments are welcome and appreciated. What do you think?
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Look at the story below and you’ll see that TransPerfect is still growing and stronger than ever. The company – once saddled with Andre Bochard and his court-appointed cronies like Robert Pincus syphoning millions out of the company – is doing better than ever.
I repeatedly said nothing was ever wrong with this company when Andre Bouchard took it over for 3 years for what I clearly saw as paying his friends off with it. Then Bouchard left and now the company is three times bigger. It’s so offensive that the government took this company over for 3 years. There was never anything wrong with it.
I’m glad to see them thriving after being treated harshly by Bouchard and Leo Strine. Please send your feedback on this, folks. It’s always appreciated.
Respectfully Yours,
JUDSON Bennett
Opinion
Dear Friends,
I hit a nerve that resonated with my readers about how incapable Delaware’s Governor and our now shamed Chancery Court of making a monumental, or big decision as the nation watches. It’s sad that America’s First State pales in comparison to other states in our grand country when it comes to thinking of the greater good, and not just what’s good for the cronies in Delaware.
I enjoyed hearing from you all… here are 10 interesting comments I chose to share from the hundreds that everyone sent in. I removed the last names to protect your privacy.
“Our Governor is the most anonymous Governor in the U.S.A.”
-Harold
“You are right to give our dumpster fire of a governor a hard time. Carney is nearly invisible at this point.”
-Jesse
“You’ve described so well how much of what really goes on in our Chancery Court is simply to appease those in power in our state. No one seems to care or even take notice.”
-Susan
“I used to think you were making controversy when there really wasn’t any. Now I know that you have been a lone voice for a long time and people and the media now are saying what you’ve been saying!”
-Fred
“Judson, I think you’re beating a dead horse here.”
-Thomas
“Maybe you’re right. Maybe they’ll do nothing. Let us know what happens..”
-Jerry
“I don’t have faith in our leadership to make a strong decision.”
-Roxanne
“I laughed when I read your “act on matters of great concern.”
Not in this century or the last. It’s sad.”
-Walter
“This advocacy group can press for as long as they want. They’ll get nothing out of our leaders.”
-Edward
“This is important. I hope these guys step up for a change.
-Louis
Thank you for your feedback, folks. Keep them coming! They are always welcome and appreciated.
Best Regards,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
Do you remember not too long ago, it was “RUSSIA, Russia, Russia”, with the Democrats and DOJ constantly attacking President Donald Trump from the time he was elected til his Presidency ended in a compromised election, with a victory by Joe Biden, the absolute worst President in United States history!
Factual evidence of FBI corruption, falsifying documents in support of a phony hit piece paid for by Hillary Clinton, and millions of dollars of taxpayer money wasted on a baseless investigation that was ultimately proven to be totally invalid, is the unconstitutional standard of our crooked President and the crooked Democrats who support him!
To the contrary, the falsely elected Joe Biden has weaponized the FBI, which is illegally being used to harass, intimidate, and attempt to entrap American citizens.
In addition to the clear violation of our immigration laws and clear evidence of influence peddling by Joseph Biden, it has now been discovered through the heroic distribution of the “telling” censorship operations by the FBI, in regards to Twitter and it has been a shocking revelation to informed and caring Americans. Thank goodness new Twitter owner Elon Musk has our back!
Folks, the 1st Amendment to the constitution, clearly states that “no freedom of speech shall be abridged by the United States government.” When agents of the FBI (our sacred, top, supposedly trusted, law enforcement governmental agency) prevented Twitter from publishing the Hunter Biden scandal, which broke in a New York Post story prior to the 2020 election, they intentionally censored free speech, which is our most sacred constitutional right, thereby violating federal law.
Folks, we now live in a Banana Republic with a corrupt Federal Bureau of Investigation which has been created as an arm of a compromised President of the United States. The bottom line — no doubt the intrinsic and despicable rub here — is that Biden would not have been elected, if the FBI had not interfered in the 2020 election through its censorship operation with Social Media companies. It is so dangerous, so terribly wrong, and such a basic violation of our American ethics and constitutional operation, it is indeed mind boggling.
If the American electorate does not ultimately — through the House and Senate — eliminate these criminal activities, our country will become a huge dictatorship with a corrupt society that nobody wants. The problem is that a compromised press does not tell the truth and half the American people have no idea how bad things really are.
Folks,that is the way I see it. As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Delaware’s Governor and the once-prestigious Chancery Court are once again faced with an issue that is bigger than what America’s First State appears capable of solving and handling at its root. As I wrote last week, it’s not an issue I’ve championed over the years. Yet, I remain curious to see how our Governor and Chancery Court handle this challenge as a nation watches.
See the Delaware Live story below for more. Delaware and the Chancery Court have shown a real inability, in my opinion, to act on matters that are of great concern. Instead, they’re all about circling the wagons and cronyism. Can either step up? We’ll see.
Please send your feedback on this, folks. It’s always welcome and appreciated.
Respectfully Yours,
Judson Bennett–Coastal Network
OPINION
Ron DeSantis, the BEST Governor in the United States!
Dear friends,
Having left Delaware seven years ago, after my wife died of breast cancer, to move to Palm Beach, Florida and being an experienced political operator and pundit, it is extremely easy for me to recognize true leadership that includes the use of solid logic, efficiency, fairness, and dedication to the people who are being served.
Folks, besides not having a state income tax, having great weather year round, enjoying innumerable palm trees, beautiful beaches, fabulous fishing, and much more, the great state of Florida, I can tell you, without reservation, is being operated the way it should be by our Governor Ron DeSantis.
DeSantis, a Navy veteran, graduate of Harvard, a former Congressman, and now the Governor of the great state of Florida has exercised superior control over the state’s operation with an emphasis on promoting freedom to conduct business (regardless of the Covid pandemic), not requiring unhealthy masks for our school children, outlawing the teaching of critical race theory and the teaching of sexual orientation (the LBTG and transgender absurdity) to kids under the age of 9, thus leaving that up to the parents. People are flocking to Florida, especially from California and New York, in the hopes of enjoying the freedom that Florida offers.
Disney executives in their Orlando, Florida, Disney World operation, made the huge mistake of openly criticizing the legislation involving Florida school policies, while attempting to move Disney into a “Woke”, left-wing agenda that dangerous radicals in several states are promoting. Disney for years has been allowed to operate its own government in Florida, with special consideration in many areas, including no property taxes. Governor DeSantis, through his inspired legislation, has now removed Disney from its special privileges and Disney must now operate like everyone else. The arrogance and audacity by Disney World operators has come home to roost, and DeSantis has ended their former situation for good and rightfully so.
Interestingly Gavin Newsom, the idiotic Governor of California, where crime, homelessness, huge taxes, and despotism reign, has had the audacity to publish TV ads criticizing Florida and DeSantis. DeSantis, unlike California’s incompetent Governor, promotes family values, is tough on crime (cash bail required in Florida), is for border security, and is the complete, polar opposite of the insipid leadership promoted by so many Democrat Mayors and Governors throughout the United States. People are leaving California in droves and coming to Florida to enjoy the freedom that DeSantis offers, and the worst Governor in America, Gavin Newsom, doesn’t like it.
Folks, I could write a book about how great Governor Ron DeSantis is because of the superb job he has done in Florida. I predict he will be President of the United States some day, if not in 2024, especially with Trump’s controversial situation developing.
That’s the way I see it. The world has gone crazy and the United States is being severely damaged by President Joe Biden and the Democrats. Governor Ron DeSantis, like the state he leads, offers us hope and sunshine.
As always, your feedback is welcome and appreciated.
Best regards,
JUDSON Bennett-Coastal NetworkDear Friends,
After years of coverage, Bouchard’s BFF and man I view as Delaware’s filthiest attorney and his employer—Kevin Shannon and Potter Anderson—are about to cash in, in the Twitter vs. Elon Musk case. Shannon’s relationship with the Chancellor greased the TransPerfect case into a 7-year $250 million of orchestrated corruption in Delaware’s Court of Chancery. Twitter shareholders and employees have no idea what’s about to be unleashed in terms of fees.
To make matters completely bonkers, Kevin “able to win cases with no witnesses” Shannon has teamed with his old pal, disgraced ex-Chancellor Leo Strine, who resigned mid-term amidst corruption allegations.
Shareholders and employees are sure to get fleeced, as the Good Old Boy Network starts dancing its Delaware two-step.
Both Shannon and Strine have been hired by Twitter, because they’re not stupid, folks. They fully agree with what I have been saying all along: To win in Delaware, where the “fix is in” you need to hire fixers. When I close my eyes and imagine this case, I see a business murders row I’ve studied for years with Shannon, Strine, Skadden, and now Andre Bouchard’s replacement, Chancellor Kathaleen “McCorrupt” McCormick.
How long will Delaware’s elected officials allow Shannon and Strine to profit from cronyism?
I would love to hear your feedback on this! It’s always welcome and appreciated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Women’s Sports in Trouble Thanks to Democrats??
Dear Friends,
For many years women have fought extremely hard to get equal scholarships (same as men) in our Universities for Track and Field, Swimming, Basketball, and innumerable other sports. They have worked hard to get equal pay in professional sports as well. Women have their own, unique sports.
It is a scientific fact that men are stronger than women physically. A man who desires to be a woman, through modern science, can develop breasts, grow long hair, and for all intents and purposes look like a woman. These transsexual people who wish to be women have every right to do so. However, they are not biological women. They are still men, who are stronger and faster, because of their God-created gender.
It is acutely unfair for a biological man, regardless of his sexual change desires, to participate in female sports–yet it is happening and being permitted because of President Joe Biden and the Progressive Democrats. Outrageous? Absurd? Acutely unfair? It must be stopped or Female sports will be dominated by transmales who wish to be women, thus compromising all female sports.
Recently, at the University of Pennsylvania, a Transgender male who is 6′- 4″ has dominated female swimming, crushing competing real females. Even Transmale Caitlyn Jenner (former Bruce Jenner), one of the world’s greatest male athletes, recognizes the unfairness of this situation and has called for its prohibition.
Folks, this horrible situation has been caused, promoted, and effected because of the Democrat Party. It is part of their POLICY! How would you feel if you had a daughter who was a great athlete, who could win, but never does because she always loses to a biological male?
Frankly, I can’t understand how any woman could vote for a Democrat in any venue, because of this! Women’s sports are about to be destroyed by the Democrat party and their absurd liberal ideas. Folks, I implore you to vote these Democrats out of office. The preservation of viable, female sports is a legitimate reason, among many, to vote for Republicans in November.
As always, your feedback is welcome and appreciated. Let me know what you think.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
I wish I was wrong, but I told everyone that Bouchard’s, Strine’s and now McCormick’s corruption would eventually catch up with Delaware. And now, folks, it has! Read and weep about our Chancery Court’s tarnished image. It’s a sad reality that our once proud court is now so deeply stained.
Please send your feedback on this! It’s always welcome and appreciated.
Respectfully Yours,
JUDSON Bennett-Coastal Network
President Joe Biden talks with his son Hunter Biden, who is holding the president’s grandson Beau Biden, as they walk to board Air Force One at Andrews Air Force Base, Md., on March 26, 2021.Patrick Semansky / AP fileFilings with the Washington, D.C., government show Owasco P.C. is controlled by Hunter Biden.
A review of the personal and corporate emails on Biden’s hard drive yield little information about any business he conducted on behalf of Hudson West III, and his autobiography doesn’t discuss his Chinese business dealings in any detail.
One of the few potential business opportunities discussed appears in a series of email exchanges among Biden, several U.S. partners and Chinese individuals associated with Hudson West III.
They talked about a potential gas deal on Monkey Island in Louisiana in 2017, but it appears no deal was made, and no publicly available documents indicate any sort of purchase, sale or agreement.
A federal investigation into the business affairs of Hunter Biden is continuing in Delaware, The New York Times and the Wall Street Journal reported.
The investigation included the convening of a grand jury, according to a mid-March Times story, which did report that the son of the president has satisfied tax claims. The payments do not end his legal liability but reduce his chances of facing charges.
On Monday, the Wall Street Journal (subscription) 
Prosecutor in Hunter Biden probe waited for election to end Delaware’s U.S. Attorney David Weiss
Let’s understand this from the shareholders point of view. They have built this company for 30 years. That’s most of their lives! The half-owner got $285 million, and the court made them spend $244 million to get to that. So Elizabeth Elting, Philip Shawe and his mother Shirley Shawe all lost, and who happened to win here, folks? All the buddies of the judge. The custodian got $44 million and with this circus Bouchard got the other two parties in this battle to spend $100 million each in legal fees, so basically to generate $285 million, Bouchard had the parties spend $244 million.
Let’s understand something folks, I don’t know how he wasn’t taken out of the courthouse in handcuffs. Truly outrageous!
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett” target=”_blank”]JUDSON Bennett-Coastal Network[/avatar]
Skadden Docked Over $625,000 in Unreasonable Fees Based on TransPerfect Objections
NEW YORK & WILMINGTON, Del.–(BUSINESS WIRE)–Apr 30, 2021–
Today, TransPerfect announced that it has achieved a 15% reduction in outstanding fees sought by Robert Pincus, the ex-Skadden partner who occupied TransPerfect as custodian for more than three years. TransPerfect believes the decision validates claims that Skadden, acting as a State Actor, had engaged in unethical billing practices and fee gouging.
Skadden, Chancellor Bouchard’s previous employer, came under national criticism during its three-year occupation of the translation industry’s largest and most successful company. Practices included multi-million dollar invoices labeled with only “legal services,” containing no specificity or support for the alleged work. Upon being ordered to disclose the nature of these fees, it was determined that Skadden overbilled TransPerfect by more than 15%.
“It’s unfortunate that Chancellor Bouchard had to wade through eight years of darkness, until his last day in public office, to finally see the light. I cannot help but wonder if it was the watchful eye of the Federal Courts that kept Bouchard in check,” stated Phil Shawe, President and CEO of TransPerfect. During the company’s eight-year battle in the Chancery Court, Bouchard and the Delaware Courts forced TransPerfect owners to spend approximately $244 million in legal and custodian fees so that one partner could be bought out for $285 million in after-tax value. This amount was less than many voluntary offers to settle the dispute dating as far back as 2016.
U.S. District Court Judge Mark Kearney recently ruled that Chancellor Bouchard had “ordered TransPerfect to pay approximately $44.5 million in undocumented fees and costs.” TransPerfect continues to explore its legal recourse based on this finding and others.
In closing, TransPerfect’s corporate counsel, Martin Russo of Russo PLLC said, “Notwithstanding the unnatural relationship between the Chancellor and his former employer and his clear bias, Skadden’s fees were reduced by more than 15%. That indicates to me that TransPerfect is entitled to a minimum of $2.25 million in further reductions on Skadden’s still-undisclosed bills of more than $14 million, rubber stamped by Bouchard and not reviewed by any party or even the judge.”
JUDSON Bennett-Coastal Network
As I see it, maybe Bouchard should be forced to submit himself for a psychological evaluation to keep his job?!
Please read JD Supra’s “Help Me Andre, Help Help Me Andre” article below and send me your thoughts.
Respectfully Yours,
[avatar user=”Judson Bennett” size=”thumbnail” align=”left” link=”https://twitter.com/Judson_Bennett?” target=”_blank”]Judson Bennett-Coastal Network CoastalNetwork.com[/avatar]
Reprinted from JD Supra
December 18, 2020
Help Me Andre, Help Help Me Andre
Ross Aronstam Is the Delaware Chief Justice’s Former Law Firm, Will the Chancellor Protect Them from Malpractice Claims?
The Delaware Chancery Court system is broken and in need of immediate repair. I have seen firsthand how greed and brazen conflicts of interest by an unaccountable judiciary can threaten the livelihood of thousands of employees and jeopardize a highly profitable and successful business. The latest example of the unfairness and absurdity of this system is an effort by the former attorneys for TransPerfect, the company I co-founded out of a dorm room in 1992, which now employs more than 6,000 people in over 100 offices around the world, to hold TransPerfect in contempt merely for seeking to enforce its rights in a court outside of Delaware.
The salient facts, as alleged in the publicly filed pleadings, are as follows. In August 2020, TransPerfect filed a lawsuit against the law firm Ross Aronstam & Moritz LLP (“RAM”), and one of its partners, Garrett B. Moritz (“Moritz”), alleging that they committed legal malpractice in connection with their representation of TransPerfect in 2017 and 2018. RAM and Moritz were retained to represent TransPerfect by Robert Pincus, who was appointed by the Delaware Chancery Court to act on TransPerfect’s behalf with certain limited powers such as, for example, breaking ties between the two board members of TransPerfect to the extent they disagreed.
Pincus, however, had a serious conflict of interest. His law firm was billing TransPerfect substantial amounts for his purported services, but he and his firm refused to provide TransPerfect with itemized invoices identifying the services that were actually performed.
The law firm’s fees were paid at the custodian’s sole direction, and the requests by the owners and officers of TransPerfect to see what they were paying for were repeatedly rejected.
As TransPerfect’s attorneys, RAM and Moritz, had an ethical and fiduciary duty to zealously advocate for TransPerfect and represent its best interests (not the best interests of Pincus or his law firm). Unfortunately, they failed to do so. Instead, they took exclusive direction from Pincus and opposed the efforts by TransPerfect’s owners and officers to evaluate the reasonableness of the fees charged by his firm.
This egregious dereliction of duty in negligently, recklessly, and/or willfully following the custodian’s instructions, which was directly contrary to the best interests of TransPerfect, is the basis for TransPerfect’s legal malpractice action.
That action should proceed in New York, where the case was filed and where TransPerfect’s corporate headquarters is located. Had RAM and Moritz wished to litigate disputes in Delaware, they could have included a forum selection clause in their engagement letter with TransPerfect, but they chose not to do so.
Rather, they are attempting to take advantage of unrelated transactional documents concerning my acquisition of TransPerfect to hold me and TransPerfect in contempt of court for seeking to file a legitimate malpractice claim in a forum outside the Delaware Court of Chancery, which has no substantive experience hearing legal malpractice actions. This is particularly galling because the Delaware Chancery Court is the Court that appointed Pincus in the first place. At minimum, this creates an appearance that we will not receive a fair and unbiased trial before a neutral finder of fact.
It is a travesty of justice that TransPerfect may be forced to litigate in a hostile forum to resolve a legitimate dispute with its own law firm. The fact that I personally and the company may face sanctions merely because TransPerfect has elected to pursue its rights outside of Delaware should be troubling to any business owner, and should cause any prudent person to question whether incorporation in Delaware makes sense for their business.OPINION
Dear friends,
I often get annoyed, and at the same time amused, at the absurdity and ludicrousy of many of the Palm Beach liberals. Now these looney-tunes in their typically elite, yet malicious manner, want to make President Trump’s life more difficult by saying he can’t live at Mar-a-Lago after his Presidency ends. Folks, he is the owner, not just a club member, so he can live on the property. He will go to court if necessary and these snooty Palm Beachers will get their liberal asses handed to them, once again, as they have in the past.
From an economic point of view, what could be better than as a neighbor to have a former President live near you? Talk about elitism, talk about an increase in property values — these idiots are being stupidly petty in their objections to the point of absolute non-intelligent reasoning.
Interestingly, the folks that are really going to have a legitimate complaint are the residents of Rehoboth Beach, Delaware, which is where I used to live — residing actually both in Lewes and Rehoboth at different times. I am totally familiar with the area. The north end of Rehoboth is called North Shores and it has one road in, one road out. It is going to be the weekend White House for Joe Biden. Every weekend, in order to provide proper security, the ocean beach will be closed for fishing and swimming, the boating off the beach will be restricted for 2 miles, the road in and out will have secure check points, and the Lewes/Rehoboth canal behind Biden’s house will have to be restricted. The neighbors in Henlopen Acres and North Shores are going to see their lives change every weekend and the travel at certain times on Route 1 — when Biden is coming or going, it’s going to become a more congested nightmare than it already is!
Please read the ridiculous article below about how Palm Beachers are concerned about Trump’s future living arrangements, however these concerns pale in comparison to the reality of Joe Biden’s summer and weekend property in lower, slower Delaware and how a residential nightmare is soon to begin in Rehoboth Beach.
As always your comments are welcome and appreciated.
Scroll down to read the article:
Best regards,
JUDSON Bennett-Coastal Network
COASTALNETWORK.COM
https://news.yahoo.com/mar-lago-neighbors-trump-forfeited-113447652.html
Respectfully Yours,
Judson Bennett-Coastal Network
By WGMD News – October 12, 2020 1097 A Delawarean claims a citizen-led investigation implicates the Carney administration for selling state land for pennies on the dollar to a political insider, but DelDOT also provided additional insight into the issue that’s also at the center of a PAC advertising campaign. Monday, Sam Chick released a detailed account on www.delawarelandscam.com surrounding the transactions that date back to 2008. The land in question is 11 acres along Route 1 in Frederica. Chick’s account states that the State of Delaware bought the property for $2.78 million and sold it in late 2018 for $275,000 to John Paradee. Two weeks later, according to Chick’s analysis, the 11-acre site and ten adjacent acres were listed for sale for $6.5 million. John Paradee’s brother, State Senator Trey Paradee, last year introduced legislation that would have directed proceeds from a Kent County lodging tax toward the DE Turf sports complex project. John Paradee was on DE Turf’s board, and the complex is across Route 1 from the land in question. Chick called John Paradee a major supporter and fundraiser of Governor John Carney and presidential candidate Joe Biden. “I had a hunch someone was being enriched, so I began to dig, researching, initiating title searches into suspect properties, filing a FOIA request on December 10th, 2019 which still has not been completely fulfilled,” Chick said. In calling for a state investigation, Chick added “the abuse of the public trust for private gain is a serious problem in the State of Delaware. Corruption must be exposed and dealt with.” In response to an inquiry, DelDOT Secretary Jennifer Cohan (who was appointed to that position in January 2015) said the parcels were acquired through the Advanced Acquisition Committee in September 2007 for the Corridor Capacity Program and the South Frederica Interchange project in order to preclude future development. An independent appraisal determined that the land was worth $2.78-million. “By law the department has to pay for the highest and best use of the properties it acquires,” Cohan stated. “Deldot was approached about selling these two parcels in the summer of 2018 for an economic development project by the adjoining property owner. DelDOT no longer had a need for these parcels as the South Frederica Interchange Project was complete.” Also, because the parcels were landlocked without a viable public access point, the parcels were appraised significantly lower in 2018 at between $379,000 and $442,000, according to Cohan. “The interested party initially offered nothing for the property and begrudgingly $100,000. In October 2018, the sale price of $275,000 was agreed to by both parties.” Cohan said DelDOT recognized that the land could be part of a project that could create jobs and put the property back on the Kent County property tax rolls. DelDOT had maintained that there would be no access to Route 1 from those parcels, and now the current owners are filing suit to get that access, according to Cohan. Citizens for Transparency and Inclusion recently began an ad campaign that also mentions the land deal. Secretary Cohan’s complete reply to WGMD’s Mike Bradley follows: “The acquisition of these parcels was approved through the Advanced Acquisition Committee on September 4, 2007. As I am sure you an imagine we are very heavily regulated in this area on both a federal and state level. The reason for this acquisition was in connection with our Corridor Capacity Program and the South Frederica Interchange project. Basically, we denied a proposed development request as we did not want additional access points to Route 1 from this parcel and knowing that we would likely need some of this property for the future project, DelDOT purchased the parcels to prevent that development from happening. An independent appraisal determined the value for both parcels to be $2.78 million, and DelDOT finalized the purchase in October 2008. By law the department has to pay for the highest and best use of the properties it acquires.” “DelDOT was approached about selling these two parcels in the summer of 2018 for an economic development project by the adjoining property owner. DelDOT no longer had need for these parcels as the South Frederica Interchange project was complete. The project went through DelDOT’s regulatory process for selling excess land. As these parcels were landlocked, meaning there was no viable public access point, the parcels appraised for a significantly lower amount in September 2018 for between $379,000 and $442,000. The interested party initially offered nothing for the property, and begrudgingly, $100,000. In October 2018, the sale price of $275,000 was agreed to by both parties. This allowed DelDOT to no longer be responsible for this property and also hopefully see it become part of an economic development project in Kent County that will create jobs and go back on the Kent County property tax rolls. The only “expediting” we can do on things like this is administratively, ( basically putting them at the front of the line for processing) and we routinely do that for economic development projects across the state.” “DelDOT has maintained that there will be no access to Route 1 from these parcels, and the irony here is that the property owners, the same who bought it from DelDOT, have now filed a lawsuit against us over this very issue. If there is a story that should be it! Bought the property at a reduced rate because there will never be access allowed to Route 1 and now sue the department to get said access…” https://www.delawarelandscam.com/
While we eventually saved TransPerfect and our jobs, the rigged system that continues to fail vulnerable Delawareans stayed in place, and we became a watchdog group to fight back against the lack of transparency and accountability in Delaware’s courts and government.
Op-ed continues below gallery.
Now, I’ve joined other advocates to launch a new Political Action Committee, Citizens for Transparency and Inclusion, to hold Gov. John Carney accountable for his administration’s many failures, including its disastrous handling of the COVID-19 pandemic, especially in the state’s prisons, its hollow support for racial justice, and its failure to end Delaware’s entrenched culture of political and judicial corruption.OPINION
Dear Friends,
I’m seeing on Professor Stephen Bainbridge’s web site how Leo Strine, the former chief justice of Delaware’s Supreme Court, has anointed himself with more accolades than the Queen of England?
Apparently nicknamed the “Manchurian Candidate”, Strine is in my view, a Doomsday Prepper—not for his own doomsday—but for Delaware’s economic doomsday. Frankly, I believe his leadership helped lead an already economic downturn to new lows in Delaware.
He’s a “Limousine Liberal” that claims to have supported workers all along. After seeing the results, someone should ask TransPerfect workers what Strine & Andre Bouchard did with the $300 million collected from that case?
When you obviously have operated with appearances of impropriety and apparent conflicts of interest in the TransPerfect debacle, I have to wonder if he actually did pull off the largest business heist in judicial history?? If he did, I would imagine his already inflated opinion of himself grows—no matter how scandal-ridden his past?
Kudos to Professor Bainbridge for having the balls to call foul on one of his own, Leo Strine, who’s ego seems to clearly dominate every decision.
He is called the “Manchurian Candidate”, Leo Strine. See the clever note from Distinguished Professor Bainbridge below.
What do you think of a man with such issues that he’s bloated his title 10 times, folks?! Would love to hear your thoughts.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.professorbainbridge.com/professorbainbridgecom/2020/07/leo-strine-must-be-more-important-than-the-queen-of-england.html
Leo Strine must be more important than the Queen of England
I was recently reading a new paper from Leo Strine and noticed the amazing number of titles he now holds:
Michael L. Wachter Distinguished Fellow in Law and Policy at the University of Pennsylvania Carey Law School; Ira M. Millstein Distinguished Senior Fellow at the Millstein Center at Columbia Law School; Senior Fellow, Harvard Program on Corporate Governance; Henry Crown Fellow, Aspen Institute; Of Counsel, Wachtell Lipton Rosen & Katz; former Chief Justice and Chancellor of the State of Delaware.
My first thought was, how do you decide which title to list first? But then I noticed something. CJ Strine’s titles add up to 60 words. In contrast, the Queen only needs 33 words:
Elizabeth II, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of her other realms and territories Queen, Head of the Commonwealth, Defender of the Faith.
And she reigns over a Commonwealth of 54 nations with a total population of 2.4 billion people!OPINION
Dear Friends,
Former owner of the Stone Balloon Ale House and former husband of Jill Biden, Bill Stevenson, has a book coming out and it is going to be interesting. My associate Patrick Howley, has, with my assistance, presented a sensational preview of what could be coming in the National File publication. I have been conducting exclusive interviews with Bill Stevenson and I will soon be presenting my perception of this remarkable man who is indeed truly a Delaware icon.
You’ll hear more about the Delaware Way folks. We’ve seen it in our Chancery Court with Andre Bouchard and Leo Strine. The Good Ole Boy Network and the shady money flow to friends. We’ve seen abuse of power in our courts with Bouchard and Strine, and now we’re seeing it in Biden’s story too.
Please read the piece below which will give you some inklings about what is coming.
Respectfully Submitted,
Judson Bennett-Coastal Network
https://nationalfile.com/exclusive-jill-bidens-ex-husband-exposes-joes-aulterous-affair-lies-and-campaign-bribery
New Book Will Reveal Massive New Details Before The Election
EXCLUSIVE: Jill Biden’s Ex-Husband Exposes Joe’s Adulterous Affair, Lies, And Campaign Bribery
New Book Will Reveal Massive New Details Before The Election
by PATRICK HOWLEY
August 12, 2020
Jill Biden’s ex-husband Bill Stevenson has completed an autobiographical book manuscript to be published before November’s election in which he devotes 80 pages to new bombshell details about Joe and Jill Biden, NATIONAL FILE has exclusively learned. The book claims that Joe and Jill began their romance in Delaware earlier than they have publicly stated, while Jill was still married to Stevenson, and that their affair led Stevenson to break up his marriage to Jill.
00:16
“The affair between Joe Biden and my ex-wife Jill started in 1974 when we were still married, not in 1975 as the Biden official story claims,” Bill Stevenson exclusively tells NATIONAL FILE. Stevenson noted that both he and Jill knew Joe Biden even earlier than that, having helped him with his 1972 Senate campaign. Bill Stevenson donated money to the Biden 1972 campaign. A millionaire businessman who donated car defibrillators to the NYPD, Stevenson now wants to get the truth out about Joe Biden’s stunning past misdeeds.
Bill Stevenson also blows the whistle on a bribery scheme in which Joe’s brother Frank took $3,000 from Stevenson ahead of Biden’s first Senate race to hand to the boss of the teamsters union to ensure that copies of the Wilmington News Journal, which endorsed Biden’s Republican incumbent opponent J. Caleb Boggs, were delivered three days late — after the polls had already closed. Shortly after the election, Joe Biden’s first wife Neilia died in a car crash. Joe Biden has claimed as recently as 2007 that the truck driver in the crash “drank his lunch,” but the late driver Curtis C. Dunn’s daughter disputed that her father was drunk and successfully asked Biden to apologize to her personally for the false claim. Apparently, the Dunn family has reached out to Mr. Stevenson but Stevenson refrained from discussing the crash at this time.
ILLICIT LOVERS
According to the Bidens’ official story, Joe first noticed Jill as a model in an advertisement and had his brother Frank fix him up on a blind date with her in March 1975, after Jill had already separated from Stevenson. In 1977, The Morning News in Wilmington, Delaware quoted Joe Biden as saying of his relationship with Jill, “It’ll be three years come March.” Thus, Joe Biden was claiming that the pair met in March 1975, as has been widely reported. Joe said, “My two brothers and sister were sitting around the house with me, all of them waiting to go out on a triple date. I said I’d like to go, but I didn’t know who to ask. Frank popped up that he knew this girl he had met at the university, so why didn’t I call her?” The Morning News reported that “And Jill Tracy was amenable to a blind date, which was to consist of a snack and a movie in Chadds Ford and Concordville, Pa, respectively.”
In August 2008, New York Times reporter Katharine Q. Seelye reported: “Joe Biden has said that he first saw pictures of Jill Jacobs in March 1975 in an advertisement for a local park in Wilmington, Del. The young blonde caught his eye. She was beautiful — you might call her drop-dead gorgeous. That night, his brother, Frank, told him he had the number of a young woman that the senator would like, mainly because she did not like politics. Biden called her the next day and asked her out, for that very night. She was busy. Biden persisted. He was in town for only one night. Couldn’t she change her plans? She did, finally. And when Biden arrived to pick her up, she turned out to be the woman in the advertisement.”
Stevenson and Jill were divorced in May 1975 and Joe and Jill married in June 1977 in New York City at the United Nations chapel. But now Stevenson is calling that story a fabrication.
Multiple inside political sources in Delaware who were active during the 1970’s told NATIONAL FILE that Joe Biden began his affair with Jill as early as 1974, when she was still known as Jill Stevenson, confirming Bill Stevenson’s version of events. The illicit lovers would often rendezvous at a Limestone Road Route 7 gas station called Midway Golf, according to a former Midway employee.
Bill Stevenson, who owned The Stone Balloon Tavern and Concert Hall, bought his wife Jill a brown Corvette as a gift. In 1974, an accident occurred when Joe Biden, who was driving the Corvette with Jill inside, backed into another motorists’ vehicle. Joe Biden initially promised to cover the cost of the accident but Bill Stevenson ended up paying the $650 bill.
When Stevenson confronted wife Jill about being in the car with Biden, Jill’s answer was not satisfactory to Stevenson. Stevenson said that he could not live with Jill anymore so he asked her to leave the house and they later divorced. Stevenson felt that the betrayal by Joe Biden was even worse than the betrayal by his wife, considering Stevenson’s close friendship with Biden and his financial contributions to the upstart politician. In their divorce, Jill tried to get half of Stevenson’s assets but the judge ruled in favor of Stevensson.
Shortly thereafter, Joe Biden’s brother Frank Biden approached Stevenson and suggested he leave town because he was now a liability to Joe Biden’s political career.
Years later, Bill Stevenson attended an event at the invitation of MBNA founder Charles Cawley, who was with Biden at the event. Biden saw Stevenson and simply turned away and made a disparaging remark about Stevenson to Cawley.
Jill Biden admitted in her book Where The Light Enters that she attended Joe Biden’s 1972 victory party with Bill Stevenson, where Jill met Joe’s first wife Neilia, but the Biden official story still maintains that they did not begin dating until 1975.
Bill Stevenson’s book will undoubtedly make major waves during the 2020 presidential election. NATIONAL FILE will continue reporting details regarding Joe Biden’s history in the state of Delaware, based on firsthand accounts by Delaware residents who knew Joe Biden well. A new personal interview with Stevenson is being conducted and will be published in early September.
TO BE CONTINUED AND STAY TUNED…OPINION
Dear friends,
Fascinating folks! The Dover Post is actually holding Delaware Governor John Carney’s feet to the fire! He needs to be held accountable for the misdeeds that have occurred under his watch.
In my view, he must answer for his irresponsible oversight of the Chancery Court and how it appears to have corrupted Andre Bouchard. Has he abused his position by throwing cases and money to his pals? There’s no doubt in my mind.
If you’re lucky enough to be his previous employer, Skadden Arps, you may just have millions of dollars ordered paid to you without having to show an invoice or account for any of claimed time?
The Chancery Court needs transparency, oversight, and reform. Frankly, at this horrific point, with the image of Delaware courts destroyed nationally and internationally, in my opinion, Chancery needs new management. This rotten apple has spoiled the bunch.
Regardless of their political party, my readers are anti-corruption and all have one thing in common that could eventually spell curtains for Bouchard and his cronies — they all vote!
Read the story below and, you be the judge.
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.doverpost.com/story/news/2020/08/13/citizens-pro-business-delaware-pac-opposes-governor-john-carney/3368379001/
Citizens for a Pro-Business Delaware launches PAC opposing Gov. Carney
Ben Mace Smyrna/Clayton Sun-Times
Aug. 13, 2020
This week, the grassroots advocacy organization Citizens for a Pro-Business Delaware announced the creation of a political action committee with plans to spend about $1 million to oppose the governor’s re-election bid.
The PAC “will work to hold Governor John Carney accountable for his failures on issues including police reform, judicial accountability, and his administration’s disastrous response to COVID-19 which has put communities of color and prisoners in the state’s correctional facilities at significant risk,” according to a press release.
In the Democratic primary Sept. 15, Carney faces a challenge from David Lamar Williams Jr. Six Republicans have filed for the governor’s race. The general election is Nov. 3.
The PAC, Citizens for Transparency and Inclusion, expects to spend about $1 million ahead of the elections. The PAC will launch this week with a $150,000 commercial ad buy “slamming” the governor.
“From his first day in office, Governor John Carney has consistently shown the Delawareans he claims to represent that the only thing he cares about is protecting the status quo that keeps entrenched interests in power, while those in need continue to struggle,” said Chris Coffey, Citizens for a Pro-Business Delaware campaign manager.
“While our most vulnerable communities have been left defenseless in the fight against police brutality, and as nine Delaware citizens have been shot and killed by police officers with impunity during his term, what has Governor Carney done to keep our neighborhoods safe from those who are supposed to protect us?” said Coffey. “Why is it that under his ‘leadership,’ people of color make up over 60% of Delaware’s prison population, but only 15% of judges on the state’s top courts? Why did Governor Carney simply shift diversity from the state’s Chancery Court to the state’s Supreme Court, leaving Chancellor Bouchard with an all-white Chancery Court once again?”
Response from Gov. Carney’s campaign
In a statement, Carney’s campaign said, “The Governor listens to his constituents and tries to represent their interests. He’s not paying much mind to an out-of-state multimillionaire with an axe to grind about a decision in Chancery Court.”
While their primary goal of saving the company has been accomplished, they continue their efforts to fight for more transparency in the Delaware Chancery Court.
“Can anyone explain how his administration continues to allow millions of dollars in contracts and no-bid legal fees to be given to scandal-ridden firms like Skadden Arps by Delaware’s government and courts?” said Coffey. “Why is Governor Carney so afraid to stand up to the legal and corporate insiders that make up the state’s ruling class?”
Citizens for a Pro-Business Delaware attempted to donate masks for Delaware prison inmates, but the Department of Correction rejected the offer. Then the department accepted a donation of masks from the nonprofit REFORM Alliance with help in arrangements from state Sen. Darius Brown (D-Wilmington).
In a Dover Post story in July, Coffey said,“We offered 4,600 masks to the Delaware Department of Correction to protect inmates nearly two months ago, but were turned away by the agency, which claimed it had ‘sufficient supply chain’ to procure the masks it needed. That the DOC accepted masks when they came from the REFORM Alliance makes it painfully clear that this was a politically-motivated lie.”
But DOC Chief of Community Relations Jason Miller said, “It is absolutely not about politics,” in the July Dover Post story.
When asked why the department accepted REFORM’s masks, Miller said that REFORM’s offer was “unconditional,” while Citizens for a Pro-Business Delaware sought to distribute masks to each inmate, specifically.
“Community organizations do not dictate to the DOC how to maintain safety and security in its facilities. That includes decisions about the distribution of face masks to inmates,” Miller said. “Mr. Coffey’s communications with DOC asserted their understanding that inmates were not being given face masks. He wrote specifically to the DOC: ‘I have 4,600 masks. One for each inmate.’ That condition seems very clear.”
Coffey said Citizens for a Pro-Business Delaware would have allowed the DOC to use the masks at their disposal.
“And as nearly 600 Delaware citizens have died of Covid-19, disproportionately poor and people of color, while over 14,000 have gotten sick, why hasn’t Governor Carney put together a meaningful plan to address Covid-19 in this state?” said Coffey. “As Governor Carney travels across Delaware looking for votes, he must be held accountable to his voters. The ‘Delaware Way’ of rich, white men ruling the state government and judiciary must end, and communities of color must be represented and supported. We’re launching this PAC to make that happen.”
Editor’s note: The Dover Post story in July about the mask donations to the Department of Correction was written by Shannon Marvel McNaught.OPINION
Dear Friends,
The November election for President of the United State is the most important election in U.S. history in my view and everything about the candidates must be vetted. I have researched everything there is to know about Joe Biden and his family — having watched “The Delaware Way” all my life, with its “Good Ole Boy” operation. It certainly inspires suspicion about Joe Biden who may have pulled some strings to give his family members special preference — very suspicious because if we did what Biden’s relatives did, we would do some jail time?
The story below speaks for itself. Let me know what you think.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
https://nypost.com/2020/07/11/joe-bidens-family-has-a-long-rap-sheet/amp/
Joe Biden’s family racks up arrests for drugs, drunk driving — but no jail time
By Jon Levine
July 11, 2020 | 11:48am
Hunter and Joe BidenTeresa Kroeger/Getty Images for World Food Program USA
In August 2019, Caroline Biden, 33, a niece of former Vice President Biden, was busted in Lower Merion Township, Penn., for driving under the influence and without a license, public records show. While the case is active, it’s unlikely Caroline will face much in the way of consequences — if history and Biden family rap sheets are any guide.
Her arrest, which was never made public, was at least the ninth among Joe Biden’s close family, and followed incidents involving his brother Frank, his son Hunter and his daughter Ashley. The cases — ranging from felony theft to drug possession — were all either thrown out, or resulted in light sentences with no jail time, according to a Post review of public records and published reports.
The Pennsylvania drunken-driving collar was the third run-in with the law for Caroline, who is the daughter of Joe’s younger brother, James Biden Sr. In September 2013, she was booked for allegedly hitting an NYPD officer during a full scale meltdown at her Tribeca apartment, following a dispute with a roommate over unpaid rent. The case was dismissed after Caroline agreed to anger management treatment.
In 2017, she was busted for spending more than $110,000 on a stolen credit card. A felony conviction was later tossed, and she was allowed to re-plead to the lesser charge of petty larceny as part of a sweetheart deal negotiated by her attorneys. She avoided jail time.
There is no evidence that Joe Biden, now the presumptive Democratic nominee for president, ever personally interceded on his family’s behalf — but the string of favorable outcomes has raised eyebrows.
“Eric Garner or George Floyd on the day each died could have benefited from the Biden touch,” criminal defense attorney Robert Barnes told The Post. Barnes — who is currently representing “Central Park “Karen” Amy Cooper — added that the kid gloves for Biden’s kin was “very unusual treatment when looking at the … treatment over time, geography, and kind of crime involved.”
Biden’s campaign spokesman TJ Ducklo, when asked if Biden ever made phone calls to law enforcement on behalf of busted relatives, said, “No he didn’t, and this entire story is garbage.”
The trouble for Ashley Biden, 39, started with a pot bust when she was a student at Tulane University in 1999. New Orleans police confirmed the possession arrest of the daughter of the then-Delaware senator, but no conviction was recorded in court records.
Ten years later, during her father’s vice-presidency, video circulated showing a woman resembling Ashley snorting what appeared to be cocaine at a party. Joe Biden refused to comment on the reports, and there were no legal consequences.
A second misdemeanor arrest for the Biden daughter was reported in 2002 after she allegedly attempted to obstruct a police officer — making “intimidating statements” — after a bottle-throwing brawl outside a Chicago bar. The charges were dropped.
Ashley hung up the phone when contacted by The Post.
Joe Biden’s brother, Francis ‘Frank’ Biden, 66, won the prize for the most bizarre Biden family bust when he allegedly stuffed two DVDs from a Florida Blockbuster down his pants in October 2003, cops said. He was 49 at the time. He never showed up for a scheduled court hearing on the attempted theft and the state attorney declined to prosecute, according to records obtained by the Miami New Times.
He had more serious scrapes with the law. He was pinched in August 2003 for drunk driving in Fort Lauderdale, earning six months probation. He was arrested a year later for driving with a suspended license but avoided jail again by spending three months in rehab. In 1999, Biden was a passenger in a car involved in a fatal drunk-driving accident. He was found partially liable for the death of 38-year-old William Albano, and owes his family almost $1 million dollars, according to the Daily Mail.
Today, Frank Biden works as a senior advisor to the Berman Law Group. He did not respond to request for comment, but has said previously that he has been “sober for a long time.”
Biden’s son Hunter’s long history of drug abuse began in 1988 with an arrest for drug possession — at around the same time his father was intensifying his War on Drugs bonafides and pushing for stiffer sentences for drug users. “I was cited for possession of a controlled substance in Stone Harbor, NJ. There was a pre-trial intervention and the record was expunged,” he admitted in a disclosure after being nominated to serve on the Amtrak Reform Board in 2006.
The same year Hunter was arrested, Sen. Biden voted for the Anti-Drug Abuse Act, which specifically targeted the use of crack cocaine, making it the only narcotic with a mandatory penalty for possession. Since then, however, The Post reported that Hunter Biden was suspected of smoking the rock in 2018 by staffers at Archibald’s Gentlemen’s Club in Washington, D.C. He’s been in rehab at least six times for drugs and alcohol, and by his own admission spent four years addicted to crack. He is not known to have ever spent a day in jail.
THE BIDEN BUSTS
The rap sheets, and favorable court outcomes, of four Joe Biden relatives
Ashley Biden
Daughter, 39
Charge: Pot possession in New Orleans in 1999. No conviction recorded.
Charge: Attempting to obstruct a police officer in Chicago in 2002. Dropped.
Frank Biden
Brother, 66
Charge: DUI in Florida in 2003. Six months probation.
Charge: Petty theft in Florida in 2003. Dropped.
Charge: Driving with suspended license in Florida in 2004. Three months in rehab.
Caroline Biden
Niece, 33
Charge: Resisting arrest, obstruction of government administration, harassment in NYC, 2013. Case dismissed.
Charge: Grand and petty larceny in NYC in 2017. Two years probation; restitution of $110,000 in stolen credit card charges.
Charge: DUI, driving without a licence in Pennsylvania in 2019. Case pending.
Hunter Biden
Son, 50
Charge: Drug possession in New Jersey in 1988. Pretrial intervention program, records expunged.OPINION
Dear friends,
It’s only so long that Delaware’s top executive, Governor John Carney, can allow what I clearly see as CORRUPTION among his elite Good Ole Boys Club, friends like Andre Bouchard and Leo Strine, to fester in Delaware’s Court system. Eventually, Citizens will rise up and demand a reckoning for judicial malfeasance: Today is that million-dollar day!
The Limousine Liberals that run Delaware and take unfair advantage of workers to enrich cronies are about to get a trial in the court of public opinion.
Stay tuned to the Coastal Network for a front row seat!
Please read below and let me know your thoughts!
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20200810005443/en/1-Million-PAC-Effort-Launched-Governor-JohnOPINION
Dear Friends,
Please take a look at the ad in the story link below. I noticed in the middle of the latest ad from Citizens for a Pro-Business Delaware, Chancery Court Chancellor Andre Bouchard was mentioned, who makes less than $200,000 a year as a judge, yet I have heard from reliable sources, that Bouchard paid a $55,000 initiation fee to belong to the fancy Wilmington Country Club. He is apparently the Club’s mixed doubles Champion. He must do well in his personal finances, has done well in the past as a lawyer, has big family money that pays him large dividends, or could there be other sources?
As to the article, I do not support the BLM organization in any way and I believe Citizens for a Pro-Business Delaware is making a mistake affiliating with them — to each their own — but what’s interesting to me is that Bouchard is spending $55,000 on his club membership where he plays tennis and the Citizen’s group felt it necessary to put him in the middle of their latest ad. Citizens for a Pro-Business Delaware, pushing for racial justice, also advocates for change in the Delaware Chancery Court, so it seems they are taking a shot at Bouchard, which is amusing.
I am curious to know where is the money coming from?! Indeed it is my view, this notorious Chancellor cannot be more out of touch with Delawareans. How many folks in Wilmington ever see $55,000 in a year, much less to spend on a fancy country club?!
It is disturbing to this observer, that many employees were in the fight for their lives at TransPerfect, during the case that I believe the Chancellor bungled and manipulated for his buddies at Skadden Arps to get millions from. Indeed, it is still raging on!
Those workers fought for annual raises and many don’t even make $55,000 a year, which is what I understand he spent for his country club?
Can you not see the insulting situation here, folks?! Elected officials, please wake up and smell the extreme subjectivity and strange activity that I believe is happening in Bouchard’s Chancery Court… and fix it before he tarnishes our image worse than he already has, if that’s even possible. This is my view for what it is worth, folks.
That said, every once in a while, I have to state a disclaimer. I do not agree with, nor advocate, nor promote, anything in the article or ad below, however, it is significant. I would like to hear your feedback. It is always appreciated.
Sincerely Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20200730005637/en/Citizens-Pro-Business-Delaware-Joins-Protest-Governor-Carney
OPINION
Dear Friends,
I spent the entire day Tuesday watching the most ridiculous, offensive, and unfair Judicial hearing (supposed to be for the questioning of AG Barr), chaired by grotesque human being JERRY NADLER (Democrat from NY) — the most offensive and absurd US Representative in American history. Folks it was outrageous the way Mr. Barr, this esteemed, gentleman, was treated. It was beyond anything I have ever seen. Regardless of the malicious abuse he received from these pathetic jerks, he remained cool, calm, and collected.
Folks not one question or statement issued by any Democrat member had any closeness to being accurate. One abusive lie after another by these possibly misguided, more likely intentional misrepresentations, were outrageous, and what is the terrific rub here is Attorney General Barr was not allowed to answer or address the false statements. WHEN YOU CONDUCT A HEARING, the person the hearing is about is supposed to be heard??!
The Democrats are a joke, they are not competent to run this country! Anybody who saw that hearing, who is honest, would have to agree, or if not. they are part of the nefarious situation of pure Democrat treachery and an obvious attempt to move the country toward anarchy… I had a terrible day screaming at the TV folks!
Representative Jordan did win the day by showing explicit videos of the BLM/Antifa/ Democrats/ Anarchists looting, bombing, attacking, and creating havoc throughout America, but especially in Portland, Oregon at the Federal Courthouse, where 100 Federal Agents have to engage these evil anarchists every night and have for 63 days in a row!
Several officers have been severely injured and two may lose their eyesight! The democrats in this hearing TOTALLY IGNORED WHAT was obvious and were so stupid as to continue their clearly false rhetoric-one after another. It was a display of pure incompetence and political outrage.
Later, the networks cut away to Joe Biden who was giving a speech from his basement, who got a good makeup job, he looked better (because he usually looks bad), and was asked some pre-given, softball questions.
For the first time, he didn’t sound completely senile. I was not impressed at all. Indeed, he stated certain things about the “Chinese Virus” that he said should be done, that have already been done by Trump. This is the guy who castigated Trump for closing the border with China and with Europe. Biden clearly wanted to keep it open! Trump saved millions of lives by doing that. Biden would have killed us all if indeed he had been President. He was in charge of the Ebola scare and totally mismanaged that when he was VP.
What was most significant to this observer of Biden’s rather insipid presentation (indeed folks he is the most empty a suit of any person in politics), his platform, if you dissect it, is identical to that of Bernie Sanders. Universal Health Care, Forgiveness of student Loans, Increase in personal, federal taxes, increasing corporate taxes to 28% ending all Trade agreements, open borders, de-funding the police (he calls it redirecting funds) leading to eventual depression and loss of opportunity. Then when you resist, your freedoms are gone — you go to jail, loss of first amendment, 2nd amendment, and 4th amendment. We will be just like Venezuala within 5 years — guarenteed! Ocasio Cortez will be the energy CZAR and Beto O’rorke will be in charge of taking away your guns. GOD help America if you vote for and elect this false profit named Joe Biden. What I know makes me sick to my stomach about this man, and he is leading in the polls? God help us if we the people put Joe Biden along with these dishonest people back in power.
This is my view, I know it and I believe it.
As always your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett — Coastal NetworkOPINION
Dear Friends,
Prior to his career as Chancellor of Delaware’s once esteemed Court of Chancery, Andre Bouchard worked as an attorney for Skadden Arps for a decade. The firm has, in my view, a notorious national reputation and has been involved in some unsavory situations according to the US government.
They have infiltrated the system with former members on two Delaware courts. Bouchard’s close relationship with the firm has seemingly monopolized businesses in Delaware for decades. Bouchard not only worked as an attorney there but also kept in close contact with many of his previous coworkers and employers, including Robert Pincus — who he brought on as the custodian in the TransPerfect case. We all know how I see that guy after following his involvement with TransPerfect.
This all being said, please click on the link below which will take you to my website, which has many of my articles and posts from staff and guests. Listed there, you will find, from the considerable research of my staff, 10 very interesting things to know about Chancellor Andre Bouchard.
He holds one of the most powerful positions in the legal and equity business in Delaware and holds the legal power over any worldwide corporation that is incorporated in Delaware. I think he should no longer hold that position, based on past actions in cases such as the TransPerfect case.
Please click on the link and you will find it very interesting. Please let me know your thoughts.
BEST REGARDS,
JUDSON Bennett-Coastal Network
coastalnetwork.com/10-things-to-know-about-andre-bouchard/
10 Things To Know About Andre BouchardOPINION
Dear Friends,
I am living in Palm Beach, Florida right in the middle of the apparent epicenter of the dreaded, Corona Covid-19 virus that the Communist Party of Red China intentionally dumped on America. I am now a senior citizen and I have diabetes. I have spent all of April, May, June, and July totally isolated. I exercise in the early morning by either a 10-mile bike ride or a mile swim in my condo pool. I shop at Publix for groceries and get take out for breakfast.
I wear a mask always. I don’t eat out, I don’t go to bars, and I don’t date anybody. When I am driving or getting gasoline, I worry about “Black Lives Matter” and “Antifa” anarchists that frequent intersections and gas stations. They never wear masks and crowd together, either begging for money or casting hateful stares that are slightly unnerving with the constant possibility I might have to defend myself. I carry a loaded pistol everywhere I go and keep a 12-gauge, loaded shotgun next to my chair at home. I am doing my best to survive and I have been following all the suggested or mandated (which change daily) precautions.
I have a cat that snuggles in my lap and purrs affectionately. She is the only real, alive close contact I have and indeed I love that delightful animal. I spend my days watching TV, writing articles, and communicating on Facebook, fighting to help re-elect President Trump who I believe if not re-elected, will result in the end of America as we know it.
Folks, it has not been a happy time for this old sailor. I am, I must admit, somewhat afraid and worried about the future. I have it better than many folks, however I feel tremendous anxiety and at times frustration because of the acute uncertainty that we are all living with, week-in and week-out!
Interestingly, compared to the operation of some absurd Governors, I felt Governor DeSantis of Florida has done a good job. A few months ago, while NY Governor Cuomo was sending thousands of seniors to their deaths in nursing homes, DeSantis was doing everything right here in Florida — protecting the elderly. Nationwide and especially here in Florida we obeyed the rules, closed our businesses and our beaches. We even had and still have a curfew in Palm Beach at 10 pm.
Unfortunately, this virus is terribly contagious. We were lulled into complacency and figured it was no big deal and DeSantis opened up everything while requesting, volunteer conditions. We were asked to maintain social distancing and to wear masks. The old saying, “you can lead a horse to water, but you can’t make him drink!”, is so very true!
I think every bar in Florida suddenly became packed, young people juiced themselves up like never before and stood 2 feet apart and without masks. I witnessed it myself and I can’t begin to tell you how disgusted I was! Beaches looked like anthills and everybody was literally on top of each other. Protests throughout Florida have not helped. BAM BAM, the virus leaped out again and we are now having 10,000+ new cases a day and 100+ people dying some days in Florida alone!
IT IS REAL AND IT IS HAPPENING! It is not a hoax!
All this being said, I find myself further disconcerted as there are huge arguments over whether masks are really effective or not. Apparently the cloth masks are porous and the virus can go right through them. The others are better, however, the data indicates social distancing is the most effective and masks could make a small difference.
Unfortunately, people are going broke and we must stay open or we will die as a nation. The bottom line is that until we get a vaccine, the virus and the economy must find a way to coexist. Each individual has to make his or her own decisions and take responsibility. If you are 40 and have no pre-existing conditions, go for it. If you are like me with diabetes, stay away. DeSantis intends to keep Florida open and to also open the schools. He has stopped the sale of alcohol across bars. Big signs everywhere — MASKS MANDATED! WE HAVE NO CHOICE — starve or open up!
There is an issue that might freak everybody out. The numbers may not be accurate and it might not be as bad as reported. The Florida Department of Health confirmed Wednesday that some private labs were not reporting negative COVID-19 test results to them, as required by the state. That ended up leading to 100-percent positivity rates being reported for those labs. Department of Health spokeswoman Olga Connor told Miami television station WPLG in an email to the effect that “public and private labs are required to report all of their COVID-19 test results to the state, regardless of whether the tests are positive or negative. In recent days, the Florida Department of Health noticed that some smaller, private labs weren’t reporting negative test result data to the state,” Connor wrote. “The Department immediately began working with those labs to ensure that all results were being reported in order to provide comprehensive and transparent data.” She went on to say that “the Department of Health will continue to educate labs on the proper protocol for reporting COVID-19 test results.”
On the other hand, some experts say the state might be minimizing the depth of its coronavirus problem by underreporting its rate of positive tests. They explain that the method used to calculate the “positivity rate” puts more emphasis on negative tests, thereby skewing the results in that direction. A person who tests positive is counted only once, although negative tests can be counted repeatedly if the same person gets tested multiple times. The state also reportedly mixes two different types of tests, including one that produces more false-negative results. The upshot is that the rate of positive tests provided by the state health officials makes the situation appear possibly better or worse than it is, experts say. What a mess! THE DEAL IS RIDICULOUSLY POLITICAL FOLKS!
So Folks, DeSantis who is a caring and intelligent man, who recognizes the need to open Florida back up, has got his hands full. Our children need to go back to school so they can effectively learn and so the parents can go back to work. He did remove the multi-million dollar virtual/internet study program because the kids are going back to school, so we don’t need to spend the money.
It is paramount that DeSantis, who is a good man, determine the true results of all of the massive testing happening here daily. It is important to know if things are really as bad as the experts say? This virus is truly esoteric and nobody really understands its constant re-evolvement, in different locations at different times.
I hope I am lucky and don’t get it. I hope you don’t either.
Regardless, this old Captain is hunkering down, trying to stay alive, fighting for life, liberty, and happiness without fear! Please stay safe and God bless you all.
Sincerely yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear friends,
As a former political leader in the Delaware Republican party, being a district chairman, political fundraiser, campaign manager for two major statewide campaigns, a delegate, and an elected candidate myself for a local office, a former lobbyist and now a political pundit, please believe me folks when I tell you I know this political game, backward and forward. Indeed, in most cases, it is a dirty enterprise that often involves unethical practices with extreme opposition research. Indeed it is war, and pretty much anything goes to achieve a victory!
All this being said, I happen to believe that former Delaware Senator and former Vice President Joe Biden is corrupt in every way possible and he would not know the truth if it hit him between the eyes. I know everything about him, played football against him when I went to St. Andrew’s School and he was at Archmere Academy, I ran the campaign against Joe Biden, as Ray Clatworthy’s Sussex County campaign manager, who ran against Biden, the last time he ran for the US Senate. I always felt if we could have won, how history would have changed. We came very close! Folks, Biden, is unethical beyond belief and he should not be elected President of the United States. I find more and more evidence every day and the story you will read below is just more indication of his lifetime of political fraud.
I saw this Politico story below, which is about the same corruption and cronyism that I see in Chancellor Andre Bouchard’s operation in the Delaware Court of Chancery. I have been writing about the extreme bias and appearances of impropriety involving Bouchard’s former business partners and the incestuous crap that has become Delaware’s judicial system. It is apparently all part of the good ole boy, accepted “Delaware Way.” A wink, and a look, a plan, and a deal. They all scratch each other’s backs and everything seems to work out for those in power. The TransPerfect case was mishandled in “The Delaware Way” for the benefit of the special group. This case was not about campaign contributions, but about unethical distributions.
Before going further about the Politico story and how it relates to “The Delaware Way,” please be advised that there are hard and fast, established, federal laws about campaign financing. It is against the law to reimburse someone for a campaign contribution. You can go to jail for that. Also, if the recipient knows the funds are not collected properly and accepts them, he can go to jail. Often, an employer will get all his employees to make maximum contributions to a candidate, then he will reimburse the employee. It is called “BUNDLING.” Let’s say you have 50 employees, order them to each make $1000 contributions to Joe Biden for Senate and you have collected $50,000 for “Sleepy Joe” If the boss reimburses the employees and Biden knows about it, it is illegal as hell. It is extremely hard to prove, but with wiretaps, the right conversations, and determined cops, they sometimes get everyone involved. Frankly, Biden had a real near-miss, and should have been prosecuted!
The story below is about Chris Tigani and his liquor distributorship in Delaware. My son knew him, and he knew Beau Biden (Joe’s son). I know the family and I know his entire story. Chris got his employees to make contributions up to about $75K, he reimbursed them and then gave the bundled money to Joe Biden! It was “The Delaware Way” which in the story below, Chris Tigani speaks about. “The Delaware Way” got Chris some jail time and Joe Biden should have gone with him. The powers that make it all happen are covered because they always control the outcome. To its critics, on the other hand, “The Delaware Way” can look like a culture of favor trading and cronyism. It certainly is from my experience.
It is important to read the article, it is fascinating. Tell me what you think. Do you think the whole Biden group should have been prosecuted? Do you think Biden should be President?
Do you see the similarities and the corruption and cronyism in “The Delaware Way”? I look forward to hearing from you.
Best regards,
JUDSON Bennett-Coastal Network
Here’s the story, scroll down to keep reading:
https://www.politico.com/news/magazine/2020/07/21/christopher-tigani-joe-biden-fundraising-373724
INSIGHT: The State of Incorporation’s Shady State of Affairs
July 14, 2020, 4:00 AM
Delaware Court of Chancery in Georgetown, Del. | Photo by Pat Crowe Ii/Bloomberg via Getty Images
By Seema Iyer
Attorney/Journalist
The Delaware Chancery Court is in need of reform, says attorney Seema Iyer. She looks at recent cases that demonstrate some legal and ethical problems with a court that handles only corporate cases, with no juries, and has judges that, she says, arguably disregard facts.
Delaware is famous for two things—the Democratic presidential nominee, Joe Biden, and being the state of incorporation. The time has arrived for Delaware to stop being known for the latter.
More than one million businesses, over 50% of publicly traded entities and more than 66% of Fortune 500 companies, incorporate in Delaware.
Why is that?
There are a few reasons, but topping the list may be the Delaware Chancery Court. A judicial system solely devoted to corporations. No juries, just judges with foremost expertise in corporate law.
The TransPerfect case first brought my attention to the Delaware Chancery Court in 2015 and has kept my eyes glued there ever since.
The global translation company went to trial that year when one partner, Elizabeth Elting, filed suit against the other partner, Phil Shawe, to force the sale of their company. Despite flourishing at approximately $470 million in revenue, the presiding judge, Andre Bouchard put the case up for auction and utilized the seldom-used mechanism of appointing a custodian.
At auction, Shawe, Elting, and outside bidders would have the chance to purchase a company Shawe tried to purchase outright. One of the many reasons auction made zero sense.
Shawe offered to buy Elting’s half for $300 million, yet was forced to buy his own company at auction for $770 million; Elting got $385 million. Still, both parties spent boatloads more than if Elting would have just sold her half to Shawe.
Although the case survived appeal, Justice Karen L. Valihura, of the Delaware Supreme Court, issued a warning to all stockholders in her dissent, “a sale to a third party over the objections of stockholders is a potential permissible outcome, even for a thriving business” adding the remedy was an “unanticipated outcome.”
Valihura forecasted the current issue Shawe is still litigating, “the Court of Chancery failed to narrowly tailor the scope of the custodian’s authority.”
Bouchard allowed the custodian unbridled authority over the entire sale, gave him carte blanche to hire consultants, approved non-itemized billing of exorbitant fees and, finally, would not grant Shawe, who was ordered to pay the custodian, permission to review Shawe’s own bills!
Inequity in the Delaware Court
And while I’ve been transfixed by TransPerfect’s turmoil, other cases corroborate the inequity in Delaware’s court of equity.
For instance, in the 2017 case involving Bill Koch (brother of the infamous political donors, Charles and David Koch), Koch’s side wanted to call a rebuttal witness. The witness was the primary attorney for the events that gave rise to the litigation and was in court throughout the trial. Koch could have, and should have, called the attorney when he presented his evidence during his case-in-chief.
This is objectionable on grounds such as conflict of interest, violating witness sequestration rules, and calling the witness was out of sequence.
However, Vice Chancellor J. Travis Laster let the attorney testify, “[a]s I see it, my task as finder-of-fact is to understand the underlying evidence to the best of my ability, then evaluate and weigh that evidence to make the most accurate factual findings that I can.”
TransPerfect and the Koch case led me to discover a truly preposterous outcome in Ingres Corp. v. CA Inc., a 2010 breach of contract case where both sides agreed (when does that happen?!) the judge had erred.
Vice-Chancellor Leo E. Strine Jr. said, “I forgot this oral statement and delved only into the voluminous record. As indicated above, this record was confusing and I came away from it with the wrong impression. …I overlooked this deposition testimony and instead focused upon the written documents in the record when drafting the Post-Trial Opinion. In short, I blew it.”
Yikes.
He goes on, “my original factual finding to the contrary was inaccurate.” Yet, Strine, even after admitting how his significant error impacted his prior conclusion, decides the error does not materially change the outcome of the case.
Judges Ignoring Facts and Laws
Everything I’ve seen and continue to see in the Chancery Court demonstrates that judges routinely ignore the facts and the law. Even during a pandemic.
The case, currently in litigation, involves two independent WeWork directors, Bruce Dunlevie and Lew Frankfort, suing Soft Bank, on behalf of WeWork, for canceling a deal to buy $3 billion in WeWork shares.
At issue is the appointment of two new directors to independently assess whether Dunlevie and Frankfurt have standing to sue SoftBank. As board members of WeWork it is apparent they do.
However, the presiding judge, Andre Bouchard, via a telephonic hearing, allowed the appointment of new directors, siding with WeWork’s parent company represented by Skadden Arps Slate Meagher & Flom LLP. Skadden Arps says SoftBank has concerns over potential conflicts of interest regarding Dunlevie and Frankfurt.
Whereas former Chancellor William B. Chandler III, now a lawyer representing Dunlevie and Frankfurt, said, “It appeared from company records that the new committee members are to be paid $250,000 each for roughly two months of service and resign once they decide on the existing committee’s authority,” Chandler also accused the company and its counsel Skadden Arps of trying to “muddy the litigation waters.”
Have I mentioned Bouchard worked at Skadden Arps? So did the custodian in the TransPerfect case who Bouchard appointed.
TransPerfect had to move its state of incorporation to Nevada. But you, entrepreneur, existing company or start up, now know better. Look to another state to incorporate. Save yourself—your shareholders—and perhaps millions of dollars in litigation.
Say farewell to Delaware.
This column does not necessarily reflect the opinion of The Bureau of National Affairs, Inc. or its owners.
Author Information
Seema Iyer is a journalist and attorney. She previously served as a prosecutor in the Bronx District Attorney’s Office, a criminal defense and civil rights attorney with her own law firm in New York City, and as a local and national news anchor. You can follow her on Twitter @seemaiyeresq.OPINION
Dear friends,
Here’s what the Spain newspaper had to say about the Delaware Judiciary and what I clearly see as our Leo Strine-Andre Bouchard-Skadden Arps corrupt cabal.
I believe it is deplorable what, in my view, these con-men, dressed in robes, have done to destroy Delaware’s economy. The lack of transparency is dangerous and CANNOT continue.
Would love to hear your feedback on this one, folks! When Delaware makes news like this overseas, the legislature needs to take action!
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.eleconomista.es/economia/noticias/10658481/07/20/Empleados-de-TransPerfect-afirman-que-existe-una-peligrosa-falta-de-transparencia-en-el-sistema-judicial-de-Delaware-y-alertan-de-un-grave-problema-de-puertas-giratorias.html
TransPerfect employees say “there is a dangerous lack of transparency in the Delaware judicial system” and warn of “a serious revolving door problem”
07/10/2020 – 10:15
The Citizens for a Pro-Business Delaware citizens’ association calls for changes in the judicial system of one of the formerly most prosperous states for companies in the United States. Founded in 2016 by TransPerfect workers to fight against the forced sale of the company that endangered 4,000 jobs worldwide, more than 600 in Barcelona, it stands today as one of the main associations that fight for Delaware to once again favor the competitiveness, attracting companies and generating employment.
Chris Coffey, spokesman for Citizens for a Pro-Business Delaware, underlines that “there is a dangerous lack of transparency in the Delaware judicial system” and claims that this is having “a significant negative effect on Delaware’s reputation.” The United States Chamber of Commerce supports this theory in its ranking of neutrality of the judicial systems of the country in which Delaware falls from the first position to the eleventh, revealing the latest decisions made by the State judicial system.
Citizens for a Pro-Business Delaware harshly criticizes the Delaware Supreme Court and the Skadden law firm. Alerting “a serious revolving door problem between Delaware courts and law firms,” it holds them accountable for “reducing trust and respect in Delaware’s ability to resolve trade disputes and responsibly treat companies.” and adds that the Delaware judicial system will not be “fair” as long as “judges can turn around and generate millions in the private sector by selling their influence to the highest bidder.”
Coffey points out that the law firm Skadden Arps and its partner Robert Pincus have been the main beneficiaries of the forced sale of TransPerfect and stresses that this firm has broken for years “the ethical standards required for international law firms”. “We have seen it first hand in Delaware with the TransPerfect case, but we have also seen it in the Ukraine scandal, and with the application of the ‘Skaddenomics’, which have allowed the company to bill for alleged services without detailing.”
Skadden issued invoices to TransPerfect worth 12.5 million euros, which after the sale of the company remain sealed by Judge Bouchard’s decision, alleging that they must be kept secret, something that is against United States law.
In the coming months, Citizens will continue to “give visibility to corruption and conflict of interest cases affecting the Delaware Supreme Court and to law firms like Skadden Arps and Morris Nichols.” Likewise, Coffey highlights that they are in the process of creating a “political action committee” to “advocate for candidates who defend transparency” and “denounce those who stand in the way of progress for all that this implies for their fortunes personal. ”
TRANSPERFECT CASE
The Transperfect Case broke out in 2016 as a result of a shareholder conflict that the judge of the Delaware Supreme Court, André Bouchard, resolved by decreeing the forced sale of the company, exposing it to private funds for its dissolution and putting at risk 4,000 workers around the world, 600 in Barcelona where the company has one of the most important offices worldwide.
Its founder, Phil Shawe, acquired 100% of the multinational technology company for language services, ending the conflict and ensuring its future and that of its employees. Today the company maintains its growth and in 2019 it billed 764 million dollars.OPINION
Dear Friends,
I awoke this morning to the distressing news that yesterday we had 10,000 new cases of Coronavirus in Florida in one day. Folks I live in Palm Beach, it is a beautiful paradise, and people are terrified. I rode my bike along the inner-coastal at 7 a.m. this morning, cruising by majestic Palm trees and gorgeous, colorful gardens.
Every so often I would pass a walker, jogger, or another biker — all masked — and as we met up, they would turn their heads, but not before I could see the fear in their eyes. Everybody is wondering, “Could she have it, could he?” The virus is everywhere here, and finally this time people are beginning to take it seriously. This old warrior is diabetic and that combined with 3 months of isolation, listening and watching our country turn into anarchy, has frankly got me on edge. We are all in the same boat, however, this pandemic is terribly disconcerting and I don’t want it!
Interestingly, a month ago, Florida was the pristine state. The virus was under control, and all the indicators were it would be safe to reopen the closed economy, including bars, restaurants, beaches, gyms, and so on. This was allowed under the condition that people would engage in social distancing and wear masks.
Unfortunately, many people took the reopening by Florida’s positive Governor to mean, “Let the party begin!” The virus was still lurking, as the bars opened in full swing. Absolutely no social distancing — NONE! The beaches looked like anthills with folks snugged together. The virus spread like wildfire! The protests we had in south Florida did not help either.
As far as I am concerned, Governor DeSantis did the right thing in opening the state. The people did the wrong thing in not following the rules. We cannot stay isolated. Our businesses must be open. Until there is a vaccine, business and the pandemic must coexist. Poverty will kill us faster than the virus. Therefore with some minor, logical regulations, DeSantis is determined to keep it all going. Additionally, Florida schools will be opening in the fall. Right now, the bars are again closed and there is no indoor dining. Masks are now mandatory in public!
Folks here is the bottom line, we have got to open our businesses and we have to send our children back to school. At the same time, we have to avoid close contact and wear masks. Washing hands, vitamins, zinc, constant vigilance are all extremely important. Guys like me with diabetes, have to be extra careful.
Please stay safe, I pray for better days. God bless America!
Respectfully yours,
JUDSON Bennett-Coastal NetworkDear friends,
Citizens For Pro-Business Delaware — a growing, well-funded activist group that is demanding, among other things, changes in the Chancery Court — is extremely upset and offended at being slighted by the Delaware Department of Corrections because the agency refused to accept 5000 masks as a gift from Citizens — yet the Department accepted masks from another group. Citizens, which has been rocking the Status Quo Boat Captained by Delaware Governor John Carney and his Limousine Liberals, claims that it is simply a nasty, political ploy by the Carney administration by not accepting the masks when they truly were needed.
To politicize a gift of potentially life-saving masks for helpless prisoners is beyond reprehensible, especially when one inmate had died. Considering Carney’s heavy-handed restrictions on Delaware businesses (making many go broke), it seems hypocritical not to utilize a valuable gift of thousands of free masks?
The consistent mismanagement and petty inconsistencies, that I have witnessed, during this pandemic and time of anarchy from one elected Democrat after another has been most disconcerting. Please read the published complaint below by the Citizens group, which is gaining serious ground with Delaware voters.
As always, your comments are welcome and appreciated.
Respectfully Submitted,
JUDSON Bennett-Coastal Network
Please scroll down:
https://www.businesswire.com/news/home/20200702005082/en/Citizens-Pro-Business-Delaware-Slams-Delaware-Department-Correction
Citizens for a Pro-Business Delaware Slams Delaware Department of Correction and Governor Carney for Politicizing Mask Donations
The DOC rejected 4,600 masks from Citizens for a Pro-Business Delaware in May, claiming a lack of need, but accepted 5,000 masks from the REFORM Alliance, another grassroots group
July 02, 2020
WILMINGTON, Del.–(BUSINESS WIRE)–Following news that in-person visitations have resumed at Delaware prisons, largely thanks to a donation of 5,000 masks given by the REFORM Alliance, Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey released the following statement:
“We offered 4,600 masks to the Delaware Department of Correction (DOC) to protect inmates nearly two months ago, but were turned away by the agency, which claimed it had ‘sufficient supply chain’ to procure the masks it needed.
“That the DOC accepted masks when they came from the REFORM Alliance makes it painfully clear that this was a politically-motivated lie. In fact, DOC Commissioner Claire DeMatteis admitted that ‘without this donation, we would have to purchase masks’ to provide to visitors to the prison.
“My question is: why is Delaware’s DOC picking and choosing organizations to take protective equipment from in the middle of a deadly pandemic that disproportionately affects vulnerable communities, especially inmates and people of color? Even worse, it’s clear that Commissioner DeMatteis, who was appointed by Governor Carney, who we’ve publicly criticized for his handling of the Covid-19 crisis, is making these decisions based on political considerations, rather than prioritizing public health.
“It’s despicable that when we offered direct help to the DOC, Commissioner DeMatteis and Governor Carney chose to play politics and put inmates’ lives at risk, but now that help is coming from a more politically palatable group, they’ve welcomed the aid with open arms.
“I’m disappointed but frankly, I’m not surprised. This is just another example of the ‘Delaware Way’ that protects the interests of the elites over everyday Delawareans, to the point that the DOC would rather put people’s lives on the line than accept a donation from a group that challenges Delaware’s corrupt status quo.”OPINION
Dear friends,
I don’t do this very often, however not having lived like a frightened hermit before for 3 months, without female companionship and no eating out, has created in me a desperate need to share. We, humans, are gregarious creatures and after a certain amount of isolation, we become situationally depressed. Indeed, I think I am truly there. For me, this living here in a veritable paradise in Palm Beach has for 6 years been an extraordinary adventure with remarkable ups and downs. Interestingly, I have always been someone who really enjoyed the taste of fine food, and I can get heavy. Fortunately, I have always been an athlete, and I love to exercise. Florida has provided me the opportunity to swim and bike voraciously year-round, so I can stay in pretty good shape for an old guy.
Unfortunately, I am diabetic, so this terrible Chinese Virus has thrown a huge monkey wrench into my emotional stability. If I catch it, I could die, so I don’t do much. I have a daily routine — my pandemic/survival routine. I awaken at 5 a.m., clean my cat’s litter box, feed her, and then I jump on my bike and ride 10 miles. I then shower, lift some weights, fix myself something to eat, take my medication, and watch political TV. I find myself getting more and more upset and angry about the state of our country. I am a huge Trump guy and I know he is the best thing for America. At one point, I felt quite confident at his re-election chances, now I am not so sure. So many of our people are grotesquely misguided. I have done quite a bit of opposition research on Biden. The man is obscene in his dishonesty. For me, considering the desperate state of our Republic, if he actually wins, that reality is beyond distressing for this old Conservative warhorse.
Folks, have you ever seen anything like it in the past 3 years? I have never in my entire life seen the likes of it all. Check out the wild events: 1) Trump wins over Hillary, 2) Fake Russia investigation, 3) Absurd Mueller Report, 4) Ukraine Debacle, 5) Impeachment of Trump, 6) Trump exonerated, 7) Pandemic hits U.S., 8) Trump cancels and shuts down the best economy in U.S. history, 9) The virus kills 126,000 Americans, 10) Bad cop kills a man in Minneapolis, 11) “Black Lives Matter” burns down and loots in every city, 12) Businesses are destroyed, 13) Absolute anarchy everywhere, even in parts of South Florida.
Worried about catching the virus and dying or getting shot by crazy looters is the way it is. It is not a great way to live. I am armed, of course, inside my condo and outside as well.
For a while, I actually got used to the solitude. I really bonded with my cat and I have reflected on the death of my wife and two failed relationships here in Palm Beach. I know who I am, I know my strengths and I know my weaknesses. I thought maybe Florida was going to get back to work and we were on the mend, but the young people are so selfish and ignorant, they have abused all openings. The idea of compatibility of opening up and maintaining social-distancing apparently doesn’t compute with this spoiled generation of liberalism! I drove by the Avocado Grill last Sunday in West Palm Beach and there were hundreds of party kids, two feet apart, drinking up a storm. Folks, Florida is now the EPICENTER of this deadly virus; yesterday we had 9500 new cases. When you combine the mass closeness in the bars and the beaches and the protests and the looting, the danger in Florida is extremely treacherous for guys like me. It makes even venturing forth to go shopping for food a treacherous situation.
Do you believe that many Democrat mayors are considering doing away with the police? It is just too much. I think I will fix myself a stiff drink of whiskey and go to bed with my cat. Enough said, back to hardcore politics tomorrow. Going to bed a bit sad and frustrated.
Respectfully yours,
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
In what I view as the TransPerfect fight against Bouchard’s corruption in the Chancery Court, there are so many unsung heroes. Thankfully, the employees stepped up and successfully lobbied against Bouchard’s appointment to the Delaware Supreme Court. Without these heroes, in my opinion, one of the most corrupt lawmen in U.S. history would have been appointed to our state’s highest court.
The employees’ lobbying was selfless, in that, by helping make it so, Bouchard was rejected for the Delaware Supreme Court job. Also accomplished: 1. Delaware finally appointed a Black justice, and 2. They left themselves stuck with what I see as a corrupt, angry, capricious, dishonest little man for a judge who hurts Delaware. SIX YEARS LATER, Bouchard is not only still motivated to enrich his friends — also, in my opinion, he’s out for revenge for his lost DSC job — his retribution comes in the form of continuing to allow the fleecing of the company, and thereby, its 6000 employees.
People will never know most of the unsung heroes that both saved TransPerfect, and as I see it, saved Delaware from one of the darkest moments in state history, appointing a corrupt political animal like Bouchard to the DSC. Delaware truly can’t ever repay these dedicated patriots, but I will highlight one, whose name has come up again and again, in my countless interviews with employees over the years: Martin Russo.
Martin Russo is owner of Russo PLLC, and is the Chief Legal Strategist for TransPerfect. He is a Harvard Law graduate and his documented adventures fighting the cronyism, corruption and backroom deals that define Bouchard’s “Delaware Way,” can be found here (www.russopllc.com/news), including:
“In re: TransPerfect Global, Inc., C.A. No. 9700-CB Affirmed by Delaware Supreme Court:
Russo PLLC successfully guided Philip Shawe to victory in the Delaware Chancery Court after that court had for the first time in history ordered the draconian remedy of a forced sale of a successful private company against the wishes of half of the shareholders. With Martin Russo serving as the chief strategist, Russo PLLC and a team of exceptional co-counsel from other firms navigated past the negative allegations made by Elizabeth Elting and secured approval of the sale of TransPerfect Global, Inc. to Mr. Shawe.”
From listening to many of the TransPerfect employees’ tales of their fight to save their jobs, I could write a thesis on Mr. Russo, but perhaps it’s best to introduce you to the man who bested Bouchard and his cronies by introducing you to him, in his own words, from this 2016 editorial on the subject, published by Crain’s New York Business magazine. Enjoy today’s topper, and please call your elected leader and tell ’em to make Bouchard’s vengeful and blood-thirsty looting stop!
As always, your comments are welcome,
Judson Bennett-Coastal Network
https://www.scribd.com/document/321893696/Emailed-statement-from-Phil-Shawe-s-lawyer-Martin-Russo
2016 EDITORIAL FROM MARTIN RUSSO, TRANSPERFECT CHIEF LEGAL STRATEGIST, POSTED BY CRAIN’S BUSINESS
In my opinion, the sanctions decision itself is indicia of an extreme court bias against Mr. Shawe. Although Mr. Shawe was given notice on particular grounds, the court permitted Elting’s team to change its theory at trial without proper notice because Elting had insufficient evidence of the issue they had sought to sanction Mr. Shawe for: alleged spoliation. The “evidence” against Mr. Shawe on spoliation was almost exclusively based on lawyers’ arguments (not evidence by definition in any court) and a cherry-picked paid “expert” witness who had never testified before in a U.S. Court. The truth of the matter is that Mr. Shawe provided more discovery than Elting produced, and her legal team could not identify a single document that allegedly had been destroyed or withheld and caused her “prejudice.” In fact, she claimed victory on the merits.
Indeed, after the merits trial, Elting’s “expert” admitted that his findings used as a basis for filing the sanctions motion were untrue because he had not investigated the issue well enough before Eltings’ team made the allegation. Faced with this deficit of evidence, Elting’s lawyers appeared at the sanctions trial with a new theory of “lying” which had never been raised before. Shawe was tried and sanctioned for allegedly “lying” without due process.
As a consequence, it is neither surprising (i) that the court did not find the deletion of relevant evidence nor (ii) that Mr. Shawe’s attorneys were not adequately prepared to defend him against the variance in trial theory. Such unfairness is not consistent with due process. Had they been given notice of the new “lying” theory (including what issues he allegedly lied about and when), it is likely that Mr. Shawe’s lawyers could have prepared and presented evidence demonstrating that the differences in recollection were nothing more than just that – with other disclosures in the record that make them immaterial.
The recent ruling on the amount of sanctions to be paid is more of the same from the Chancellor. Although the court did reduce the fees in some instances, it utterly failed to provide due process with respect to the reasonableness of many of the fees claimed. The most extreme example of this failure is the acceptance of more than $1.4 million in merits fees from the Potter firm based on the affidavit of Mr. Shannon without any actual billing descriptions to back up the claim. It begs the question: How can the reasonableness of fees be assessed if the court doesn’t even know what work was performed? Such curious decision making is unfortunate because it also lends some weight to the speculation by others that there is a reported personal and professional relationship between Mr. Shannon and the court which may be affecting this case. I know of no such relationship and am not asserting that there has been any impropriety but accepting more than $1.4 million in fee claims without requiring backup is contrary to traditional notions of fairness. Mr. Shawe is considering his appellate opinions.
There also have been other indicia of court bias against Mr. Shawe. During the merits trial, the Court had to address Elting’s allegations of wrongdoing leveled against Mr. Shawe relating to his review of her emails on the public company server. Mr. Shawe asserted that the emails proved that Elting committed fraud and requested that Chancellor Bouchard examine the emails in camera (in private) because they proved fraud. The court was well aware that if fraud was found, it would remove the emails from any supposed claim of “privilege” (under the crime-fraud exception), but Chancellor Bouchard inexplicably refused to review them–yielding to Elting’s position with no basis in law. Chancellor Bouchard abandoned his sworn duty to equity and justice in this regard. Instead, without consideration of the content, for the purpose of the merits case he suppressed the very emails which may prove Mr. Shawe’s assertion that Elting and her attorneys engaged in a scheme to provoke Mr. Shawe and create actionable discord in the company.
These and other indicia of bias (such as the remarkable success rate of Elting’s team on all motions – which her attorneys bragged about in a Law360 article) are particularly concerning given the recent unsolicited and inappropriate negative public statement by Vice Chancellor J. Travis Laster which was directed at the free speech activities of TransPerfect employees who have been appealing to the media and the public. It is the duty of judges and lawyers to avoid the appearance of impropriety and this unprecedented instance of one seeking judge commenting on the active case of another may not be consistent with that mandate – especially when it may be interpreted as an attempt to quell first amendment rights.
At this point, the case has been certified for interlocutory appeal, and I am confident that the Delaware Supreme Court (or, if necessary, the U.S. Supreme Court) will reverse both the sale order and sanctions order based on the law. With respect to the sale order, ponder this: the facts reported in the decision by Chancellor Bouchard clearly support a finding that Elting breached her fiduciary duty by refusing to consider real estate and merger/acquisition opportunities without regard to their merit, so how is it possible that a person with unclean hands (Elting) can come to Chancery Court and obtain relief? When similar claims were brought by Elting in New York State court, it was tossed out with the sense that the whole litigation was absurd, and the parties needed to come to a solution on their own. Justice Schweitzer specifically found that it was “unclear who drew first blood.”
Mr. Shawe is resolute that the company is an industry leader that never faced irreparable harm regardless of any alleged acrimony between the shareholders. TransPerfect’s performance in 2015 was more successful than 2014, and it is on pace to perform even better in 2016 despite the litigation. He is confident that the company will continue to prosper and continues to offer $300 million cash to Ms. Elting for her shares.OPINION
Dear Friends,
I’ve been seeing ads in Delaware newspapers over the past month or so, and folks as I read them, I shake my head thinking, has it really been six years since Andre Bouchard took over the once-prestigious Chancery Court? Feels like 12 years of going backward since he took over. You’ll see in the ad below that the Center for Public Integrity ranked Delaware 48th out of 50 states for transparency and accountability, saying “judges are allowed to set their own open records rules, and dole out punishment among judicial ranks in a system that operates almost completely behind closed doors.”
And now, I look at how Chancery Court Chancellor Andre Bouchard has, in my view, somehow been dragging out one of his first cases, after taking the bench. The TransPerfect case seemingly has been milked on and on out of millions for his old pals at law firm Skadden Arps! I think to myself, how is this happening?! Is Bouchard angry or hellbent on revenge? You may see that anger when you look at his recent orders in the case, possibly because TransPerfect employees successfully helped lobby and make the Delaware Supreme Court more diverse? That happened after Tamika Montgomery-Reeves got the job on the Delaware Supreme Court, a job that Bouchard publicly applied for, and my guess is, he thought he was a shoo-in because he was already the sitting Chancellor.
In applying for that spot, and hoping to defeat Montgomery-Reeves for his own personal gain, I believe that Bouchard once again proved himself to be a man of deplorable character, and unfit for his position. Bouchard falsely trumpets diversity, except when it comes to the Delaware Supreme Court; oh and his own Chancery Court. What did Bouchard do when the one African American judge on Chancery got the open position on the Supreme Court instead of him? His response was to replace her with, who I view, as another rich, male, Country Club pal, Paul Fioravanti.
Bouchard constantly raises the bar on the deplorable hypocrisy of Limousine Liberals, and it somehow always favors his cronies.
It is completely obvious to me in his angry and capricious decisions, that he squarely blames TransPerfectfor his being overlooked for the open spot on the Delaware Supreme Court, and the embarrassment of applying for a job openly and then being rejected. The establishment will never admit it, but it was TransPerfect employees who lobbied intensely to win diversity on the court. Should those workers now face his wrath forever?
It is clear to me that Bouchard is just hellbent on revenge against TransPerfect for costing him his DSC promotion. Bouchard has never denied this vendetta as far as I’m aware, and thus he is in violation of every judicial ethical canon in the book, doling out “vengeance” masked as “justice.” I call it an abuse of power and process.
And, when will the case end?? If you want to see Bouchard stop dragging out the TransPerfect case, and stop what I plainly see as the irregular and suspicious acts that he commits daily, lining his friends’ pockets with TransPerfect funds, then call your elected officials and everyone in power who you know, and have them call, and demand that he recuse himself! Here’s what I think, folks: “Bouchard you are a stain on our state, a disgrace to Delaware Justice, and I call upon you to recuse yourself!”
When will it all end? When will there be equity for TransPerfect? Is anyone in power able to do anything about this? Maybe after the upcoming election? Let me know if you have any ideas on this, folks?
Respectfully Yours,
Judson Bennett-Coastal Network
https://www.businesswire.com/news/home/20200528005704/en/Citizens-Pro-Business-Delaware-Launches-Print-Ad-Campaign
Citizens for a Pro-Business Delaware Launches Print Ad Campaign Slamming Chancery Court for Conflicts of Interest and Lack of Transparency
Citizens for a Pro-Business Delaware Launches Print Ad Campaign Slamming Chancery Court for Conflicts of Interest and Lack of Transparency
May 28, 2020 01:12 PM Eastern Daylight Time
WILMINGTON, Del.–(BUSINESS WIRE)–Following a Delaware Court of Chancery ruling to dismiss with prejudice a lawsuit that sought to vacate a 2014 ruling allegedly tainted by Chancellor Bouchard’s work on the case before taking the bench while also representing the court in a separate lawsuit, Citizens for a Pro-Business Delaware announced it would be launching a series of full-page print ads to run in the Delaware News Journal. The ads highlight the conflicts of interest and failures of transparency that plague the Chancery Court and elite Delaware law firms like Skadden Arps.
Said Chris Coffey, Citizens for a Pro-Business Delaware’s Campaign Manager, “It’s simply egregious that the Court has once again ruled in favor of Chancellor Bouchard’s former client, Roche Diagnostics, despite the obvious conflict of interest posed by his simultaneous representation of both Roche and Chancery Court Vice Chancellor Parsons before taking the bench himself. In any functional court system with checks and balances, Chancellor Bouchard and Vice Chancellor Parsons would have recused themselves from the Roche case. But of course, in Delaware’s court system, where nothing works like it should, that’s not the case.
Over and over again we have seen Chancellor Bouchard’s Chancery Court balk at even the slightest improvements to the judiciary’s ethics standards to restore trust in the state’s courts. This latest ruling makes crystal clear that the Chancery Court cannot be trusted to police itself when it comes to clear self-dealing and conflicts of interest.
“As long as the powerful elites in Delaware’s legal industry continue to enrich themselves at the expense of everyday Delawareans, we will continue highlighting their self-interest and corrupt dealings. Last week, we exposed the gross web of connections that tie the Chancery Court and Skadden Arps together and this week, we’re showing how the Court has failed to police its own judges. We won’t stop until meaningful reforms are made that shine a light on this gross corruption.”
The print ad will run in the Delaware News Journal on Friday, May 29th.Dear Friends,
My views on the Trump visit to Tulsa, Oklahoma are as follows: As an avid Trump supporter, I was delighted to see him back in action. I had mixed thoughts about the safety issue with the virus situation. However, the country must open, and until, we have a Vaccine, the danger exists. As a diabetic, I would not have gone. There were many people thwarted from going by protestors and of course the fear of the virus.
I enjoyed Trump’s speech and the crowd loved it. He preached his successes as usual and emphasized the need for law and order. The smaller crowd was naturally made fun of by the malicious media, however, 9,000 was a good number when you consider Joe Biden is lucky to get 20 people if he can remember where he is.
I really was impressed with the Oklahoma police organization and the fantastic security and crowd control that was implemented. The secret service had a huge force there as well. What could have turned into another “Black Lives Matter/Antifa” outburst was perfectly handled by the Oklahoma folks. God bless them.
There is no doubt that our culture is changing. No doubt our entire way of life is one that IN AN INSTANT could evolve into terrible danger with total chaos! Oklahoma seems to have it under control. GO TRUMP!
Sincerely yours,
JUDSON Bennett-Coastal NetworkDear Friends,
South Florida is now the epicenter for the China Virus. We did everything right for 3 months. I did everything right. I am diabetic and have to be extra careful. The state of Florida is now completely re-opened. There are requests for social distancing and some stores or locations require patrons to wear a mask.
The reason the re-opening has created the uptick in this deadly DISEASE is because of the absolute ignorance and selfishness of people under 40. They just don’t care if they kill someone like me. Frankly, it is not safe for me to be in close quarters with anyone.
There is a place in West Palm Beach called the Avocado Grill. On Sundays, they have a hot band. I drove by and witnessed over 150 people STANDING no more than a foot apart WITH NO MASKS. There is a gas station near me that sells cheap gas. There are always 20 or 30 pan-handlers hassling the customers. They don’t have masks and practice no social distancing whatsoever!
Protests and looting in Miami and Lauderdale have not helped. This deadly pandemic combined with the absolute ignorance of mob mentality is the way it is in many parts of Florida. Another day in Paradise is another day in hell right now! Don’t come here, it is not good.
That is the way I see it. I am very unhappy and extremely worried. So be it.
JUDSON Bennett-Coastal NetworkOPINION
Dear Friends,
Last week I wrote about the “Citizens for Pro-Business Delaware” (CPBD) ad attacking big law firm Skadden Arps for ethical breaches and lack of diversity. CPBD also ran an ad that I wrote about, pointing out the lack of transparency in the Chancery Court and the many conflicts of interest. I want you to see one of the ads I did not write about, which ran in the Delaware News Journal. I think it underlines all that is wrong with the Chancery Court and the conflicts of interest and how tangled our web really is in Delaware. In my educated opinion, it is these conflicts and associations that make Delaware a suspect place to do business and makes so many of us ask whether Delaware judges can really render fair opinions in their court when the court community is so close-knit and seemingly incestuous.
It is time for new laws and rules requiring all judges and attorneys to disclose their relationships BEFORE a case starts so that every side has an opportunity to get a fair shake. Transparency is greatly needed if our great State is to thrive.
Look at the ad below and tell me what you think?! After I saw it, I asked myself, who’s really in charge of our court system in Delaware?
Curiously Yours,
Judson Bennett-Coastal Network
http://www.delawareforbusiness.org/mediaAMERICA IS IN GREAT DANGER!
OPINION
Dear Friends,
If someone had told you a year ago that a Coronavirus developed and released by the Chinese Communist Government would kill 113,000 Americans, cause an unprecedented economic shutdown, send us into a desperate recession where people are losing everything they have, where a malicious cop would kill a criminal by kneeling on his neck — videoed for the entire world to see, creating riots and looting with police officers killed and cities burned and looted, and continuous, unprecedented protests that have paralyzed our nation, would you have believed them?
It all seemed to happen in an instant! These events have seemingly changed our world. It is like science fiction folks, but it is absolute reality.
In Seattle, Washington, several blocks have been taken over by armed insurgents and they have taken over a police station. Officials are doing nothing. Do you think this is normal? It is their intention to capture every inner-city and insert their control over the rest of us. Folks, Antifa is a violent-based outfit that creates anarchy, with an eventual socialist/communist agenda, dissolving all private property and creating a new world order.
When the fabulous, realistic depiction of the American Civil War, the movie “Gone With the Wind” is removed from HBO because OF SOME MISGUIDED premise, this to me is outrageous. When our history is destroyed by removing and defacing monuments, it is outrageous. Our history, good or bad cannot be ignored.
African Americans were definitely discriminated against, they were abused. Hell, most of us are sorry that it happened. Most of us are for equality and opposed to police brutality of any kind.
Today I bought a new 12 gauge shotgun. I renewed my concealed carry license. I bought canned goods and water. I am not going to let my country turn into chaos with mob rule. I have helped African Americans, I have helped you, I have gone to school with you, I played football with you, I want TO BE YOUR FRIEND, AND I WANT YOU TO PROSPER just like I want to!
I see something happening in our society, once subtle, now blatant and in my face. This new style of threats and intimidation, will not stand! We cannot live like this!
Folks, we are in danger of losing our freedom? Make no mistake about it! All you have to do is turn on the TV and it is right in your face, but soon it could be in your neighborhood.
Folks I am not going to get on my knees and apologize for being white! There are millions just like me. I want peace and the ability to be free and ambitious and creative.
Your comments are welcome-your ideas are appreciated.
Respectfully submitted,
Judson Bennett-Coastal Network
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.Folks, after looking at the facts, it is hard to fathom for me — and should be for any reasonable person — when seeing the incestuous relationships between these individuals and their conflicts of interest, that this judicial arrangement, which apparently is condoned by the Delaware Legislature, is just plain wrong!!!
Alan M. Dershowitz is Felix Frankfurter Professor of Law, Emeritus, at Harvard Law School. He represents Shirley Shawe. Delaware’s sophisticated courts have made it a mecca for incorporation. But a recent ruling could set a dangerous precedent. (Photo credit: Shutterstock) American corporations count on securing justice in Delaware. Two-thirds of all publicly-traded U.S. companies, including more than 60% of the Fortune 500, are incorporated in the First State. Delaware’s famously sophisticated courts are prized for giving corporations and their shareholders maximum flexibility and predictability. However, a recent ruling by the Delaware Chancery Court, upheld on appeal by the Delaware Supreme Court, could set a new and dangerously disruptive precedent that corporate America ought to view with concern. Bear in mind that Delaware decisions have worldwide implications, as well, since nearly all major U.S.-based corporations sell products, run offices and employ people internationally. For the first time ever, the Court of Chancery, the no-jury “business court,” has ordered the forced sale of a privately-held, thriving corporation over the strenuous objections of shareholders who own half of the company. The company in question is TransPerfect Global (TPG), parent of the world’s second largest provider of translation and related technical services, with 2016 revenues of $545 million and pretax profits of approximately $80 million. Philip Shawe and Elizabeth Elting co-founded the business in 1992 when, both in their 20s, they were romantically involved and shared a dorm room at New York University’s Stern School of Business. Working as co-CEOs, they built TransPerfect into an enterprise with 4,000 full-time employees and a network of more than 20,000 translators, editors and proofreaders working in 170 languages. Ms. Elting owns 50% of TPG’s 100 shares. Mr. Shawe owns 49 shares and his mother, Shirley Shawe, owns one share. Unfortunately, the co-founders now no longer get along. Their disagreement over the TransPerfect business is what landed them in Delaware Chancery Court, which has not solved the problem, but exacerbated it. Delaware’s mishandling of the case has cost the company more than $150 million in court costs and litigation expenses and mounting. Remarkably, through these three years of legal turmoil, TransPerfect has continued to set new records for sales and earnings. The company has logged an astonishing 97 consecutive quarters of profitability and 25 straight years of growth. I was retained by Shirley Shawe to argue that this forced sale is an unconstitutional “taking” of private property for a non-public purpose. In the meantime, the Delaware court cannot seem to wait until the case is finally decided – it is currently in federal court and on its way to the U.S. Supreme Court. Under the court-appointed custodian, auction bids have already been solicited and submitted. Notwithstanding employee protests and outrage, the custodian has plowed ahead, hoping to render the result a fait accompli, without regard to new circumstances and new opportunities to resolve the case. The forced sale is a death sentence on a thriving company; we are seeking a stay of execution. I will save most of our constitutional points for the courtroom. I note only that neither court could point to any public purpose that would result from the forced sale of a vibrantly successful company. Property takings, to pass constitutional muster, must serve a public good. Delaware’s unprecedented actions in the TransPerfect case do not even make a gesture in that direction. The court ruled instead that the Shawes and Ms. Elting were “hopelessly deadlocked”; if the current situation were allowed to continue, it would jeopardize the viability of the company. This, despite the company’s impressive record of achieving 97 consecutive quarters of profitable growth – a trend that would likely continue in the absence of the court ordered sale. The Chancery Court’s articulated twin goals – to “protect TransPerfect’s employees” and “to provide maximum return to the stockholders” – are at odds with its rulings. The company runs on a zero-debt basis and reinvests most of its profits in the business. This is a formula for growth, job creation, and innovation, though not for maximizing shareholder value in the short term. An auction winner – most probably a private equity firm – would be unlikely to take the same approach. Its goal would be to cash out within a few years rather than continue building something over decades. Its ability to outbid the Shawes would rely on cutting costs by sending American jobs offshore. TransPerfect’s clean balance sheet is a perfect launching pad for a leveraged buyout (LBO), in which the investor puts down as little as possible of the purchase price and borrows the rest. The way to cover the resulting debt service is to slash payroll and benefits by replacing as many of the 2,300 salaried America jobs as possible with workers in low-cost foreign locations. This would erode the company’s reputation and competitive position over time. But in the Wall Street LBO universe, the goal of private equity firms is to manage the business in order to “flip” it in a few years so as to maximize short-term profits. Mr. Shawe has proposed two common-sense ways of ending the dispute while preserving the long-term interests of employees and the company: He and his mother have put forward a settlement offer of $300 million for their 50 percent stake and given Ms. Elting the option to either buy the Shawes’ shares or sell them hers at that price. Ms. Elting rejected the offer. More recently, Mr. Shawe turned the offer around, suggesting that Ms. Elting name her price and let Mr. Shawe decide whether to buy or sell. Ms. Elting has not responded to that offer. Mr. Shawe’s buy/sell option is simple, transparent, and fair. Alas, Delaware thinks it knows better. If Ms. Elting wants to cash out, the Chancery Court has said “it would be unjust to leave [her] with no recourse but to sell her 50-percent interest” to the Shawes. Forcing the Shawes into an auction, the court concluded, is the only way to provide Ms. Elting with “a fair price for her shares.” That fair price, in the court’s view, is one based on selling the entire company, with a premium for control that wouldn’t be there if only 50 percent were on the market. Ms. Elting never negotiated for that premium and isn’t entitled to it. What comes through in the Chancery Court’s order and the Delaware Supreme Court’s decision upholding it is that a maximum return for one shareholder trumps other shareholders’ private property rights, regardless of the ultimate implications for the corporation and its employees. The ruling in Shawe v. Elting leaves a huge question mark over Delaware’s supremacy as America’s capital of incorporation. Unless this situation is remedied by legislation, corporations will have to think twice about where they should incorporate, if they want predictability, fairness and justice. Alan M. Dershowitz is Felix Frankfurter Professor of Law, Emeritus, at Harvard Law School and represents Shirley Shawe in this case. Follow Dershowitz on Twitter @AlanDersh and on Facebook @AlanMDershowitz.
Paranoia reigns in the mind of the Delaware Chancery Court-appointed Custodian, Robert Pincus. He is seeking — through a Court order — to find out who is leaking information that shows just how insidious his administration of TransPerfect Global actually is! In my opinion, Custodian Pincus is using a false premise to go after employees because he’s embarrassed by Skadden Arps’ outrageous fees being made public, and things being said about him in the news. He’s a court-appointed receiver folks — his bills should be public. The way Bouchard is letting Pincus hide his bills in darkness is similar to what he did for his old friend, Elting’s attorney Kevin Shannon at Potter Anderson — making TransPerfect and/or Philip Shawe pay legal bills with no ability to challenge the reasonableness of the fees. His fees should be public. Instead, Pincus is conducting a witch-hunt for employees, which is exactly what he promised employees he wouldn’t do. Plus, Pincus has not made good on his promise to let employees bid for their company. And, my sources say the custodian could stymie the quarterly press release, which has been a stellar publication, quarter over quarter, for years now. Folks, there is only one way I see this, Pincus is dirty, and he’s trying to mask the truth by silencing employees and sealing everything possible under a court order, with the nefarious help from his former business partner and crony of the Delaware Chancery Court, Chancellor Andre Bouchard (who adjudicated the most heinous and inequitable decision in U.S. business history). Pincus’ rate of $1,425 per hour is three times the rate of most court-appointed receivers. Bouchard has managed to let his buddy fleece TransPerfect out of millions of dollars. It is the opinion of this writer that Pincus has illegitimately taken advantage of his position. Why should this Custodian be allowed to get rich off the back of this prosperous company and its employees who have helped build the company to what it is? And then not allow them to bid on ownership of the company in order to save their jobs? I’m hearing speculation from employees that Lionbridge (a competitor) could very well buy the company and possibly outsource many American jobs. Employees should not be silenced by the courts in stating the truth. This is America! And, as disappointing as it may be to Bouchard and Pincus, Free Speech is guaranteed by the Constitution. Please read the article below from “Delaware Business Now” about this sensational saga, that is now before a New York Court where hopefully some real justice might transpire in contrast to the Kangaroo Chancery Court in Delaware! I am going to beat this drum until justice is served and these wrongs are righted. Read below folks. Sincerely Yours, JUDSON Bennett-Coastal Network
Judson Bennett Please note new e-mail address, [email protected] Please note new Twitter account, https://twitter.com/Judson_Bennett
If he does let justice prevail, that would cut off the gravy train of money flowing to his Delaware cronies. My prediction, and again, I hope I’m wrong, is that Delaware’s Chancellor Bouchard will not allow an easy solution to a problem he can continue to make complex, obscure $15 million in crony bills from the public, and milk this successful company for every last dime. In my opinion, I bet dollars to donuts that Bouchard and his court-appointed, apparent henchman – Bob Pincus, who is serving as the tie-breaker at TransPerfect between the CEOs for when they disagree, will find some twisted rationale for continuing to force the sale of TransPerfect. It would be a shame when there is an easy solution now. I observe, what I believe is the unethical fiber that drives Bouchard and I don’t see him allowing the case to settle. But when you think about it folks, now there is absolutely no reason to have a sale or more litigation. There is no longer a reason to force a sale of the thriving business that is TransPerfect, which brought in more than $500 million in revenue last year, even as this court case dragged on. I see this dreaded and crony-money-making gravy train continuing. And if indeed it does, if this isn’t a sign of corruption, what is??!! The legislature and people of Delaware must stand up to Bouchard, and allow this peaceful and amicable solution offered by Shirley Shawe to go through. In my opinion, we cannot stand idly by and let our beloved state of Delaware appear any more corrupt — especially after the “The Center for Pubic Integrity”, which won the Pulitzer Prize in 2014, graded our state’s Judicial Integrity an “F” — we must take a very hard look at this “leader” of our court of “equity”.
This will prove it folks-one way or the other. Again, I hope I’m wrong and Chancellor Bouchard, does what is right here to save this company! Who knew it would not be the judge to invoke the wisdom of King Solomon to save the company, but it would come from the most unlikely source, a 1% shareholder. Shirley Shawe, a mother who is trying to fix what is broken here, will put the baby with the wrong parent — in order to see the Delaware Chancery saw it in half, and continually pillage it for millions each month. Kudos to Shirley Shawe for offering to put the company and it’s 4,000 workers first — even ahead of her son.
The Delaware Supreme Court decision against TransPerfect Global co-CEO Philip Shawe yesterday is no surprise. The DSC is dominated by Leo Strine (who picked his own protege, Andre Bouchard, to fill the vacancy he left in Chancery) and his bullying of the other justices is well-known in Dover (he’s turned over the entire bench –meaning made them all quit — in a 2-year period). Having read the briefs, it is my opinion that C.J Seitz didn’t write the brief that bears his name, and the real author was Strine — but it seems that may be the way to avoid appearances of improprieties in the Delaware Judiciary. Once again in this case, it smells like backroom business as usual in our small state. A couple of observations: * Kudos for the only real jurist on the bench with the nerve to stand up to Strine, Karen Valihura, whose Dissent should be heralded as one of Delaware’s most brilliant pieces of legal work of our time. Unfortunately, it’s the minority, but it is a blueprint for Legislators and the Bar Association to fix the obvious ambiguity in the law that the Chancellor slithered through to commit this travesty of justice. Valihura could have just gone along with the pack, but she didn’t. Her Dissent is 35 pages of brilliant legal analysis backing up Shawe’s position, and vindicating what I and others have been saying all along. * Shame on Strine for, instead of drawing any real legal conclusions, just reciting the same, tired witness-less and fictional narrative of Bouchard. And, for acting like a child during the oral arguments. And, for not having the courage and decency to put his own name on papers he most likely wrote. * Shame on the other 3 DSC justices for, in my opinion, letting themselves be pushed into Strine-following zombies, when they must know Valihura’s Opinion is correct and far superior. * Shame on Bouchard for, what I view as, his obvious corruption in this decision. He should read Valihura’s reversal of his decision to figure out how he is supposed to do his job. He hasn’t a clue. The job of a judge isn’t to pay back your friends; it isn’t to make peace with Strine to get him off your back; it’s only one thing, the dispassionate administration of justice — and it’s not what happened in the TransPerfect case. Bouchard makes his pack of parasite pals richer and richer each each passing day by scuttling settlement possibilities, stuffing TransPerfect to the gills with lawyers and consultants all charging between $700 and $1,400 per hour. $15 million a year is being stolen from TransPerfect by a legal ruling that reeks of corruption, and DSC has put it’s stamp of approval on this. It makes me want to vomit. More on this decision, and it’s dark and shady origin to come. But to leave things on a positive note: Hooray for Delaware Supreme Court Justice Karen Valihura, one of two Republicans on the bench. I salute her for brushing off what must have been tremendous pressure from Strine and the establishment to go along with wrongly supporting Bouchard — and more importantly — for being a honest champion of Delaware Law, holding true to what the Legislature intended in our statues- honoring the separation of powers, respecting the Delaware and U.S. Constitutions, restoring what little faith I now have in our cronyism-based legal system, and having the courage to speak the truth. Strine has had his day and shown his true colors with the TransPerfect case: Karen Valihura should be the Chief Justice! Your comments are welcome. Always for Delaware and respectfully submitted, JUDSON Bennett-Coastal NetworkJudicial activism–or judicial overreach, as it is sometimes called–refers to judicial rulings suspected of being based on personal or political considerations rather than on existing legal precedent. The scary thing about a situation like this is that in the law, when such a decision is upheld, it is tantamount to legislating from the bench, in effect, creating new law, which is not the responsibility of the judiciary. Law-making is supposed to come from the legislative branch of our government, in order for our democratic system to work as it should. In Delaware’s renowned Court of Chancery, famous for resolving corporate disputes equitably, Chancellor Andre Bouchard’s rulings in the TransPerfect case have indisputably gone wildly beyond what is fair and equitable, and obviously been adjudicated from his personal bias, rather than applying the law appropriately. In my opinion his actions in this case, besides obvious appearances of impropriety, make him seriously suspect. 1) How does declaring an internal dispute between stockholders equate to irreparable harm, when TransPerfect continuously makes tremendous profits? 2) How does this judge justify ordering the sale of this profitable company for the sole benefit of one stockholder because of his personal bias? Is it because he is scratching the back of his cronies at “Skadden Arps” to raid the company coffers, and siphon off TransPerfect profits under the false premise of “helping” the company, which is already the leader in it industry? 3) How can Bouchard legitimately sanction the defendant in this case an unprecedented $7.1 million dollars based on the concept that he attempted to spoliate documents. No concept exists in the law. Either evidence is destroyed or it is not. Shawe’s e-discovery expert, and 3 other experts testified Shawe saved all evidence appropriately. Bouchard’s rulings are carefully crafted to avoid the word “spoliation” because Elting did not and could not prove her case. Regardless of the evidence, Bouchard sought to punish Shawe by grabbing headlines with deceiving rhetoric, such as Shawe “deleted” certain evidence. Not true, folks!!! Are we to believe that the Chancellor could be so technologically inept, that he failed to understand that once data is “preserved” – in this case with a mirror image – the gold-standard of evidence preservation – that it can no longer be “deleted”? No. We should not be fooled. Bouchard sought to illegally issue punitive sanctions and destroy Shawe’s reputation based on headline-grabbing rulings which were patently false and grossly misleading. 4) How can Chancellor Bouchard award $1.4 million dollars to the plaintiff’s attorney (his personal friend!!) to be paid by the defendant without so much as an itemized bill from Kevin Shannon at Potter Anderson. I guess this is the treatment you get when you travel to New Orleans with a Chancellor, socialize together, and make public co-paneling appearances – In the middle of the case, when Chancellor Bouchard, who is the entire judge and jury, would normally be sequestered in a non-bench trial. But Bouchard was not sequestered, when he decided this case, he was traveling on taxpayer money to New Orleans to attend a boondoggle at Tulane University with Elting’s attorney. Are we expected to be naive enough to believe this boondoggle with Shannon, didn’t influence Bouchard, when weeks before he promised a “measured” decision. No folks, we aren’t, this has the appearance of corruption by Andre Bouchard, and it should be investigated. 5) How can Chancellor Bouchard appoint another friend and his former law partner, as a Custodian of TransPerfect, and then allow him to charge $1,400 per hour with no limit whatsoever. Did he do it to benefit his friend Bob Pincus, and his former law firm, for some pay-off down the road? Bouchard has allowed Skadden Arps to bilk TransPerfect to the tune of over $3 million dollars?!? ….in a single year?! For attending a board meeting once a month?? I am amazed and appalled at this seemingly, blatant attorney misuse of TransPerfect’s hard-earned dollars. Money that should and could be going for raises for the TransPerfect staff, is instead going directly into Pincus’ pockets … all approved by Chancellor Andre Bouchard. Talk about the appearance of impropriety – Wow!. It is a disgrace and it must stop! 6) How can this Judge not be required to know the U.S. Constitution, and sign an order violating the First and Fourth Amendment rights of TransPerfect’s thousands of U.S.-based employees?!? … and get away with it. The law firm of Skadden Arps, through his former law partner Bob Pincus, is an arm of the court and Bouchard has granted him sweeping powers to fire, sanction, or fine any employees that talk to the press or don’t want to give over their private emails, phones or records. The Chancery’s unprecedented sale order granting Pincus never-before-granted sweeping powers to punish at will – is a blatant disregard of the “due process” requirements of the U.S. Constitution, and has created an atmosphere of fear and discord at TransPerfect? The workers deserve better. Someone must stand up to Bouchard, the omnipotent-bully Chancellor, who apparently seeks to punish those who speak out against his controversial actions and decisions. I have talked with enough employees to know this is not a stretch of anyone’s imagination. TransPerfect’s in-house counsel was forced to choose between doing Pincus’ illegal bidding or quit her job. Amazing stuff going on in this company folks that is fodder for a best-seller. Shockingly, this is just the tip of the iceberg, as each and every successive ruling I examine by Chancellor Andre Bouchard seems to have no basis in law, but reeks to holy hell of his possible, personal bias, cronyism, and desire to enrich his friends. I have now spoken to many attorneys (who are afraid to speak out), who have told me they have never seen a Chancellor or Judge rule so obviously and consistently against one litigant, when indeed the evidence, overwhelming and indisputably stated the complete opposite of his rulings. I urge the Delaware legislature in its upcoming session to order the Court of the Judiciary to investigate Andre Bouchard for possible wrongful acts, and to make a law that requires STANDARDS that must be followed when the Chancery Court makes custodian decisions in the future. I’m told in New York, they spin a wheel to appoint Custodian’s to prevent this sort of thing from happening. Why not spin a wheel in Delaware? Make it a random appointment instead of creating the possibility of corruption? This all amounts to not only harming and risking the jobs of 4,000 TransPerfect jobs, but also possibly destroying millions of dollars of Delaware capital that is derived from Delaware’s incorporation fee bonanza, which is now seriously at risk. Ruining 4,000 people’s lives will not go down easy for the State of the Delaware, when the only tangible result has been to enrich the law firm of Skadden Arps and their consultants, and investment banker friends. If the Delaware Supreme Court refuses to recognize what is happening, because of the hometown relationships there – the Delaware General Assembly MUST step in and do its duty. It must protect our state’s image and economy – and cannot allow this rogue and apparently unprincipled Chancellor to create these appearances of impropriety which will kill Delaware’s very profitable corporate franchise. We need to give this situation proper consideration, and investigate. Delaware’s judicial reputation is truly at stake over the next month. It is time for Delaware to show the world that it will not allow Chancellor Bouchard’s cronyism to conquer justice.Respectfully Submitted, JUDSON Bennett-Coastal NetworkNow, we are close to a year-and-a-half later with the TransPerfect case still not yet certified for an appeal. We have the appointment of a custodian, who is, of course, a former law partner of Bouchard’s. Since that time, TransPerfect has been forced to incur an incredible and outrageous $8 million dollars in fees — and the number grows daily! This boggles the mind!? Let’s think about this, folks… Phillip Shawe is running a $500-million-dollar company for 24 years and has never had an unprofitable year. Now the Court comes in with no experience in this business and forces TransPerfect to spend $8 million dollars on Bouchard’s cronies to date and this case continues and the millions mount! How and why can this blatant stealing from this company continue? Additionally, the very employees who made this company a success are expressing their outrage at the Chancellor’s decision! They work in fear of being fired by this custodian. One courageous employee had the nerve to stand up to the Chancellor’s unlawful violations of the employees’ First and Fourth amendment rights — and filed a Federal Lawsuit against the Chancellor and the custodian! Apparently Judge Bouchard and his custodian went after personal e-mail accounts and potentially cell phones of TransPerfect employees, and if they refused, the workers could be terminated! Folks, I don’t know what you call this, but I call it unconstitutional, illegal, and grounds for impeachment! I have never heard of or seen a worse case of judicial overreach, cronyism, and possible corruption in any Delaware Court in my life time. In my opinion, Chancellor Bouchard has cast a dark shadow over the once pristine reputation of the Chancery Court and the great state of Delaware, as the nation’s corporate capital. The press is watching, folks! Last Sunday’s Delaware News Journal ran a front page cover story shedding light on Bouchard’s shenanigans, but this just scratches the surface. There is much more to tell, and the future of Delaware as the incorporation capital of the world, and therefore its economy, is seriously at stake. It appears that Bouchard is playing favorites with Plaintiff Elizabeth Elting’s local counsel, his 20-year friend, Kevin Shannon of Potter Anderson. You are reading it here first, folks… soon I predict many companies will be refusing to do business in Delaware because of this case! Bouchard’s insidious actions in The Chancery Court and his apparent efforts to enrich his buddies at the expense of the hardworking people of TransPerfect must stop. Bouchard’s decisions have weakened the credibility of Delaware’s Equity Court and the world is watching. It is time for the people of Delaware to call their local legislator and say no to cronyism and no to obvious improprieties. We must demand an investigation, folks, and somehow we must stop this! No one is above the law, and this includes Andre Bouchard. We must send a strong message to corporate America that Delaware is still a place to do business before it’s too late. Stay tuned……..much more to come! As always, your comments are welcome. SOURCE: http://hubpages.com/business/The-Appearance-of-Corruption-and-Cronyism-Continues
The suit Robert Pincus threatened employees and is now waging a costly investigation to check emails and cell phones, to follow employees, in an effort to discover who is talking to the media and legislators. As a result, Timothy Holland waged a suit to maintain his rights.
SENATE CONCURRENT RESOLUTION NO. 91 ENCOURAGING THE DELAWARE STATE BAR ASSOCIATION, ITS CORPORATE LAW SECTION, AND THE COUNCIL OF THAT SECTION TO EXAMINE THE STATE’S BUSINESS BUSINESS ENTITY WITH AN EYE TOWARDS MAINTAINING BALANCE, EFFICIENCY, | Source Summary of bill The bill is online and HubPages does not allow duplicate content, even if repeating the bill’s text. So here is the summary and use the links above to read it in its entirety. Purpose: Encouraging the Delaware state bar association, its corporate law section, and the council of that section to examine the state’s business entity with an eye towards maintaining balance, efficiency, fairness and predictability. SYNOPSIS This Resolution encourages the Delaware State Bar Association, its Corporation Law Section, and the Council of that Section, to examine the State’s business entity laws with an eye towards maintaining balance, efficiency, fairness, and predictability. Respectfully Submitted I have been a staunch defender of Delaware and this issue is lurking, and still too few are paying attention. We need to change the “who cares?” atmosphere. Are you with me? Respectfully Submitted, JUDSON Bennett-Coastal Network Judson Bennett A court drama being played out may result in TransPerfect’s two chief competitors in the translations services industry seeing increased revenue. Lionbridge Technologies (LIOX), based in Waltham, Mass., is the largest translation services company in the U.S., with revenue of $560 million last year. TransPerfect is the second largest in the U.S., with revenue last year of $505 million. London-based SDL (SDLLF) could also benefit. While beating its rival handedly in growth and profits, TransPerfect is experiencing a serious power struggle in the executive suite that has ended up in the courtroom. Lionbridge has attempted to capitalize on this controversy and courtroom drama by planting seeds of doubt on the future of TransPerfect with its customers. However, this may not be the boon LIOX is expecting. Although TransPerfect’s power struggle began in 2013, it has shown no signs of slowing down the company. So far this year, sales are up more than 11% with May being the most successful month to date. Whatever the Delaware Chancery Court decides, there will inevitably be a lengthy appeal process and co-founder visionary Phil Shawe has made it clear that he is not going anywhere. The Delaware state court’s apparent willingness to step into the affairs of a private company has come under fire from many directions, including most-notably former New York City Mayor Rudolph Giuliani, who criticized Delaware’s new Chief Chancellor Andre Bouchard (a Canadian) for an “un-American” decision that was overreaching, intrusive, and against American free-market principles. Co-CEO and fellow shareholder Elizabeth Elting, who according to many employees has a very limited role in the day-to-day functions of the company, is suing for TransPerfect to be dissolved and force-sold to the highest bidder. When Elting co-founded the business with Shawe 24 years ago they had had a romantic relationship, but that ended years ago. She now claims the two cannot work together anymore and that the New York-based company should be auctioned off because she is upset with their personal relationship. It is also obvious that Elting is now using the court as a weapon to maximize her buyout price. Shawe recently offered $300 million cash to buy her half of the company. In an attempt to extract more money from Shawe, Elting recently told Forbes Magazine that she intends to counter, but no offer has been forthcoming. It appears Elting believes the Delaware Court will give her a better exit strategy than she can achieve through negotiation, and thus, is content to wait it out until Bouchard’s decision and all appeals, are rendered final. TransPerfect is the largest privately-held company in the $35 billion translation services industry. With 4,000 employees in 100 cities on four continents TransPerfect is capable of translating more than 170 languages. It has a vast array of clientele, including almost every Fortune 500 company, such as USPS, IKEA, Johnson & Johnson, and Hilton Worldwide. Elting has used a strategy of saying “no” to all routine decisions to create “deadlock” under Delaware law, and therefore wants the court to auction the company to the highest bidder. Unable to find a judge receptive to her case in New York , she filed a second lawsuit two years ago in Delaware. In the non-jury trial, despite the fact that Elting couldn’t produce one witness to corroborate her testimony, while Shawe presented 10 witnesses on his behalf, the judge sided with Elting on dissolution, and appointed a custodian to oversee a sale process. This means for the first time in U.S. history, a private, profitable company that has not been accused of any wrongdoing or impropriety is being put on the auction block. Although the harm caused by Chancellor Bouchard’s use of the word “sale” has raised eyebrows with many TransPerfect employees and customers, Bouchard also said he believed that Shawe was the most logical buyer. In the meantime the court has put a middleman in charge of the company for the purpose of having it dissolved and force-sold against the wishes of two of its three shareholders. Elting owns half, while Shawe and his mother own the other 50%. It appears the employees, TransPerfect’s most important assets, are extremely upset with Bouchard and his apparent willingness to rely on the uncorroborated testimony of one witness who serves no meaningful role at the company. Hoping to save the company they work for, as well as their jobs, the employees wrote to the judge before he rules on the bizarre case currently before him. On April 26, TransPerfect’s employees sent two letters to Bouchard; Peter C. Schwartzkopf, the speaker of the Delaware House of Representatives; other members of the Delaware house; and the media to present their perspective before a final ruling in the case. In order to inform the public of their situation, a group of 610 TransPerfect employees called Citizens for a Pro-Business Delaware ran radio ads on local Delaware stations. They also placed a two-page advertisement in the Delaware News Journal that reprinted the contents of each letter. So far, the employees have not received a response from Bouchard, who has issued a series of unprecedented decisions that are so unusual and blatantly one-sided that observers say they are not based on law and equity. Shawe’s lawyer Martin Russo of New York law firm Gusrae Kaplan Nusbaum told Slator.com , “Ms. Elting has the right now to sell her shares on the open market without interference from, or affecting Shawe’s ownership rights; but that she chooses not to take the market price is an indicator as well. Shawe’s $300 million offer is magnanimous, and is surely better than (what Ms Elting) would get as a 50% owner on the market.” Russo told the website the value represents 10x the company’s after-tax cash flow profits of 30 million and described the $300 million offer for Elting’s 50% stake as “extremely generous.” However, if Elting refuses the offer and forces the sale, this could provide a big opportunity for either Lionbridge or SDL to purchase TransPerfect and become the undisputed leader of the translation industry.
Rick Bell’s Delawareinc.com | Source Rick Bell “Jud, As you know, we form Delaware companies for people. In fact, we form more than 15,000 new Delaware companies per year for people from all across the USA and all around the world. On a good day, we’ll form more than 50 new Delaware companies. There are many companies like ours, except we are different in that we form ONLY Delaware companies. Most of the other companies in this business will form a company in all 50 states. The Court of Chancery decision you are referring to is one of the most significant stumbling blocks to many entrepreneurs choosing Delaware. The decision may be justifiable to the chancellor, but it is a disaster for Delaware’s image. When people are making a decision as whether to choose Delaware or their home state, they take a leap of faith that Delaware will be better for them. Specifically, they perceive Delaware as protecting Directors and treating stockholders fairly. This case has everyone thinking that Delaware is unpredictable and makes rogue decisions that could literally assassinate your company even if you’ve been successful in the marketplace. If it is reversed by the Supreme Court Delaware will be better off.” Richard H. (Rick) Bell, II Chairman & CEO Harvard Business Services, Inc. 16192 Coastal Highway Lewes, Delaware 19958 Delaware is the Corp Capital What should Judge Bouchard do?
This TransPerfect Case Just Gets More Tangled I have written several times about the TransPerfect Global fiasco; the one where Delaware’s Chief Chancellor Andre Bouchard ordered the sale of this very profitable company. A decision that will most likely result in the loss of jobs and even destabilization of the entire company. Here you have an American success story, and a Delaware Judge who has overstepped his authority by making an arbitrary and capricious decision, which is resulting in an un-American situation. This decision is not only bad for Delaware, butbad for America. What is even more interesting and disconcerting, the temporary custodian of the company appointed by Chancellor Bouchard has now decided to apparently inhibit/prevent employees of TransPerfect from exercising their First Amendment rights. Apparently, 600 employees of TransPerfect are openly speaking out about the Court’s decision and the happenings within the company. Please read the memo below that was sent to the Management Team of TransPerfect requiring spin to be propagated to employees and threatening disciplinary action including job termination. I was copied with this threatening memo by my internal source. Custodian: TransPerfect is Doing Very Well
Custodian Robert Pincus says TransPerfect is doing well. If so, why is Bouchard looking to auction the firm? Robert Pincus to TransPerfect Staff To the Management Team: TransPerfect is performing exceptionally well and growing quickly, thanks to your hard work. We are committed to keeping it that way, and our highest priority is supporting you and the continued success of the business. It has come to our attention that some of our employees have recently spoken with the media about the pending litigation between the shareholders of TransPerfect, and in some instances seemingly have sought to attempt to pressure the Delaware court. We believe that those actions are counterproductive and that they should stop. If you receive a call from a reporter or member of the media, our Company policy is now that you must refer that person to Joel Mostrom, who will respond directly or designate another spokesperson. We want to remind you, and we ask you to remind your colleagues, that: this policy covers all forms of responses to the media, including, without limitation, off-the-record and anonymous statements. Any deviation from this policy may lead to disciplinary action up to and including termination. Your strict adherence to this policy is expected, as well as appreciated by management and your colleagues. [TransPerfect Employee Handbook] The purpose of this policy is to avoid media and other actions that may negatively impact TransPerfect’s business. Please be mindful of the policy and its importance going forward. We ask each of you as our key managers and leaders to continue to focus on your responsibilities and serving the needs of our clients. All of our efforts should be aligned in that direction. To the extent that your colleagues have questions regarding the litigation, we have included the attached FAQs. Thank you. Frequently Asked Questions for Employees
Bouchard wasted no time in leaving his mark on the court with one of his first big cases, Elting v. Shawe C.A. No. 9700-B. It makes it clear that Bouchard is going to do things his way whether or not the law and evidence agrees with him. This decision is not so surprising considering Bouchard’s history of cronyism at the Register of Wills office in Sussex County. This case couldn’t help but remind me about the piece I wrote, on April 8, 2016, when I learned that one of the attorneys was Kevin Shannon from Potter, Anderson and Corroon. Mr. Shannon and Chancellor Bouchard have an illustrious history together, both working on the infamous case “In Re The Walt Disney Company Derivative Litigation” when Bouchard was a practicing attorney. In that case, a derivative action was brought on behalf of the shareholders disputing the $100 million payout Disney gave to Michael Ovitz after he was fired. Bouchard represented Disney and Mr. Shannon represented a fellow Board member Sanford Litvack. Mr. Shannon and Chancellor Bouchard as recently as March 16, 2016 were co-panelists together in New Orleans at a Tulane University law panel. Considering Chancellor Bouchard’s history, it comes as no shock that Mr. Shannon’s client not only won the case but as far as I can see, every motion as well. He even held a hearing to sanction Mr. Shawe for, in part, reading his partner’s emails that were open and available on the company server – stating that the company privacy rules did not apply to her. Could this have been done as a means to make Shawe pay Elting’s outrageous buyout demands? For the record, as a few publications reported this week, Shawe offered her $300 million this week and if she declines or refuses to make a counter offer, this should tell any reasonable person which party wants to come to a settlement and which one is playing games? While I have fervently criticized Chancellor Bouchard in the past, it seems he has truly gone off his mandate in this instance by ignoring evidence indicating the possibility of tampering, and intent to take down a company from within? Instead he has focused on intemperate emails between the two partners to dissolve a thriving and profitable company, while ignoring suspicious irregularities whereby there were, according to Phil Shawe’s defense team, serious breaches of fiduciary duty? Employee Campaign In case you haven’t seen the case, which I’ve written about twice in recent weeks, let me sum it up for you here: Bouchard’s Delaware Court of Chancery ordered the sale of a $500 million profitable translation business because one of the partners who has a very limited role at the company claimed there was a deadlock. The fact that the company has been and continues to make record profits makes this decision all the more disturbing because this has never happened before in the history of Delaware! After reading the various papers in the court file it is very obvious in my opinion that Ms. Elting seems to be manufacturing deadlock and using the court to gain a payout she could never get if she sold her shares on the open market. So why is this a concern for the people and the great state of Delaware? Chancellor Bouchard is sending a message to corporate America that if you are having any squabbles at a board meeting then by incorporating in Delaware you risk the court selling your company out from under the rightful owners. The decision was so outrageous that former New York Mayor Rudy Giuliani chimed in and has been strongly critical of the decision. Giuliani said, “it is unAmerican for the court to break up a thriving successful company just because two directors are having some disagreements.” The last thing Delaware needs with all of its other economic problems is a mass exodus by corporate America. I applaud Giuliani’s efforts because someone needs to come to Delaware with a big broom and sweep out this mess. I said it before and I’ll say it again… the bottom line is that a very well politically connected lawyer who was appointed Chief Chancellor of the State of Delaware’s Chancery Court — even though he never served a single day on the bench, is in my opinion, making arbitrary decisions that seem to have no basis in law or fact. He apparently favors a single litigant (the plaintiff) whose attorney has a long-standing relationship with the Chancellor himself. This is indeed the appearance of an impropriety and most likely will be part of an appeal by Shawe’s legal team, if they so desire. From my perspective, I believe it is no coincidence that Chancellor Bouchard either got this totally wrong, or is making sure “his” people are taken care of. Nothing could be more compelling than the dissatisfaction of more than 600 employees of TransPerfect themselves who took out two full page ads in the Delaware News Journal expressing their opinion that there was no dysfunction at TransPerfect and that the Chancellor’s decision will inevitably result in the loss of many jobs, if not the total downfall of this extremely successful business. Chancellor Bouchard should know and care that people’s livelihoods are at stake and the corporate world is watching. This is his first big case, and it will not only define his career, but risks the future of Delaware as the state of choice for corporate America.
600 TransPerfect employees are urging Chancellor Bouchard to maintain the company management and leadership teams | Source Prepared by Judson Bennett Contact Judson Bennett References: Website for TransPerfect Global: http://www.transperfect.com/ Link to Conference in New Orleans: http://www.law.tulane.edu/tlsLifeAfterLS/Files/CLIAgenda-Revised.pdf Respectfully Submitted, JUDSON Bennett-Coastal Network What Should Chancellor Bouchard Do? [polldaddy poll=9549700]
