Check 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 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

‘Here’s Your Chance’: McCormick Says TransPerfect Won’t Face Sanctions After Paying $1.9M

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.”

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:

“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.

See the press release below: 

 

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June 08, 2020 01:36 PM Eastern Daylight Time

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.”

The ad comes on the heels of a letter penned by civil right activist Reverend Al Sharpton to Robert Saunders, the head of Skadden Arps’ Wilmington, DE office, calling for more diversity at the firm and others like it.

Skadden Arps has also been subject to criticism over the egregiously non-transparent billing practices practiced by Bob Pincus and Jennifer Voss in their role in the TransPerfect case, which has now cost the company over $14 million in unexplained fees.

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.”

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!

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Skadden Arps’ Jennifer Voss “Committed a Serious Breach of Ethics” in Attempting to Silence Citizens for a Pro-Business Delaware, TransPerfect Lawyers Say in Recently Filed Court Documents

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.