Future of Delaware Chancery Court Hangs in Balance for Chancellor McCormick

There 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]

About Judson Bennett

Captain A. Judson Bennett was a life- long resident of Lewes, DE. He served the maritime industry for 33 years, primarily as a Delaware River Pilot, guiding large ships to the Port of Philadelphia. Captain Bennett has been an active and consistent entrepreneur over the years.

He was elected as a Lewes City Councilman for 6 years. Afterwards he ran for the Sussex County Council as a Republican, and with 20 thousand people voting, lost Delaware’s closest election by 3 votes to an 8 year incumbent. Abandoning his personal political ambitions, he became the Republican District leader, advocating conservative values. Captain Bennett became a lobbyist in the state legislature advocating among many ideas, financial literacy concepts in education. He managed several political campaigns, including one for Governor of Delaware and one for the US Senate against VP Joe Biden. He is now the owner, operator, and writer for the Coastal Network which communicates regularly with over 6000 people throughout the State of Delaware.

Captain Bennett is a graduate of St. Andrew’s School in Middletown, DE (where the movie “The Dead Poet’s Society was filmed) and also graduated “Magna Cum Laude” from the University of Delaware with a BA in Criminal Justice and an MA in Liberal Studies.

He is now a Widower, living in West Palm Beach, Florida. Captain Bennett has one son, three grandchildren, and one great grand-daughter, all who live in Richmond, Virginia.