Concerned Citizens of Delaware Comment on TransPerfect Case
09/19/2017 | By Judson Bennett
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.
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?
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
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.
With Delaware no longer # 1, Looks like Amazon won’t be coming here.
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:
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.
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.
What are the least trust worthy occupations among public opinion?
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?
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.
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.
From John, retired Marine Colonel:
Can’t say that you didn’t tell them, Jud !
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.
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!!!!
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.
JUDSON Bennett-Coastal Network
Please note new e-mail address, [email protected]