The air is getting thin for TransPerfect co-CEO Phil Shawe as he tries to prevent the forced sale of one of the largest language service providers in the world. On February 13, 2017, the Delaware Supreme Court handed down back-to-back decisions, disagreeing with appeals made by Shawe in his ongoing court battle against fellow TransPerfect co-CEO Liz Elting.
In the first decision, the State Supreme Court upheld the decision of a lower court to slap USD 7.1m worth of sanctions on Shawe, saying it “acted well within its discretion by sanctioning” him for bad faith conduct. Second, and more importantly, the State Supreme Court affirmed the lower court’s decision to appoint a custodian to sell TransPerfect to the highest bidder in an auction open to third parties.
The 4-1 decision featured a rare dissenting opinion by one judge, who wrote that the lower court “went too far too fast” in ordering the sale. Historically, the Delaware Supreme Court has decided cases 5:0 with no dissenters.
