Citizens For A Pro-Business Delaware Releases Ad Stating The Court Appointed Custodian’s Costs Are ‘Out Of Control’ In TransPerfect Case

Starting this week, Citizens for a Pro-Business Delaware (CPBD), an advocacy group focused on saving the jobs of 4,000 TransPerfect employees, is running ads in the Delaware News Journal and other Delaware publications – titled “TransPerfect Workers Losing Millions of Dollars to Court Appointed Custodian Charging $1,400 per hour.” CPDB will also send mail pieces based on this ad to leading constituencies in the state over the next several weeks. The infographic illustrates that thousands of people will likely go without raises, bonuses, and new team members due to the highest per hour custodial costs in Delaware history. The infographic below shows the stark contrast between the hourly fees associated with court appointed custodians. The graphic depicts four different bars and hourly rates – Texas ($300), New York ($350), Delaware ($400) and the TransPerfect’s Delaware appointed Custodian ($1,400). This ad and mailer kick off a renewed push by CPBD – who will be ramping up efforts across Delaware over the next 8 weeks in the hope of tweaking Local Corporate Law 226 so that a profitable, successful company cannot be sold for parts before a tie-breaking custodian is appointed. The group has done radio ads, mail, newspaper ads, field operations, tables at the state fair, and brought on a lobbyist to meet with elected officials across the state.

Approximately a year ago, Andre Bouchard, the Chancellor of the State of Delaware, appointed Robert Pincus, of Skadden, Arps, Slate, Meagher & Flom, to step in as Custodian of TransPerfect Global.

“Every hour Custodian Pincus is charging $1,400 – money is coming out of our members’ bonuses, benefits, and the growth of the company they have worked so hard to build. When comparing the previous fees, it’s hard to understand why the court has appointed a custodian who charges a thousand dollars more per hour than other custodians,” said Chris Coffey, campaign manager for Citizens for a Pro-Business Delaware. “The more that everyday Delawareans are exposed to the facts of this case, the more the actions of this court do not add up – and it’s our members and their families who are paying the price.”

Previously, Citizens for a Pro-Business Delaware has applauded the efforts of one of their founding members, Timothy Holland, who filed a lawsuit, in his capacity as a private citizen, in the United States District Court Southern District of New York against Andre Bouchard and Robert Pincus. The lawsuit, filed on July 25th, seeks “declaratory judgment against [a] judicial officer for due process and First Amendment violations.” The First Amendment violations include, but are not limited to, a court order, which allowed for Pincus to obtain and search all employee private communication devices without regard to whether they would be subject to Delaware Jurisdiction and the search of TransPerfect’s email server for communication related to Holland and Citizens for a Pro-Business Delaware.

Citizens for a Pro-Business Delaware, a group made up of more than 1,900 members including employees of the global translation services company TransPerfect, as well as concerned Delaware residents, business executive and others, formed in April of 2016 to focused on raising awareness with Delaware residents, elected officials, and other stakeholders, to ensure they understand the consequences the Court’s ruling would have on the state and its underlying economy. The multifaceted campaign includes mailers, newspaper ads, field, lobbying, and more.