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Legal Profession Blog


Legal Profession Blog
The Delaware Court of Chancery cleaned up a mess with a fee award of over $3.2 million.
Nine years ago, in shifting fees where a litigant had advanced frivolous  arguments, then-Chancellor Strine remarked that “it is more time-consuming to clean up the pizza thrown at a wall than it is to throw it.”
The “pizza principle” is on full display in this decision. Before the court are petitions the Custodian of TransPerfect Global, Inc. filed for reimbursement of attorneys’ fees and expenses he and his counsel incurred from May 2019 to December 2020. The amount is large—approximately $3.66 million. As detailed below, however, the vast majority of this amount was incurred because TransPerfect and its 99% owner, Philip R. Shawe, kept throwing pizzas at the wall. Among other things, they sued the Custodian in Nevada state court concerning two of his fee petitions in contempt of an exclusive jurisdiction provision in an order of this court; prematurely made not one, but five different attempts for appellate review of the contempt decision; objected in 192 pages of briefing and 108 pages of expert submissions to virtually every entry in the Custodian’s billing records; and filed three non-meritorious motions attacking various aspects of the fee petitions.

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