Inequitable Actions and Conflicts of Interest in TransPerfect Case – Question is Why?
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.