Russo PLLC guided TransPerfect and Philip Shawe in the vacatur of fee orders improperly obtained by Custodian Robert Pincus and Skadden Arps and, more importantly, their quest for previously elusive billing detail allegedly supporting the amounts that the court appointed officer sought directly from TransPerfect. Having positioned the battle in the public eye, the team led by Russo PLLC focused on the lack constitutional due process then-existing in the “procedures” that had been established by the Delaware Chancery Court at the request of Skadden Arps. Ironically, the Custodian and his counsel sought to hold TransPerfect and Mr. Shawe in contempt for demanding to see the bills before having to pay them. Much to the Custodian’s surprise, Chancellor Bouchard (under the watchful eye of the press and public) yielded to the clear precedent on the subject, effectively vacating the fee orders, compelling Skadden Arps to produce its bills, and establishing a procedure going forward to challenge the bills on proper notice. Given the extraordinary amount of influence wielded by Skadden Arps in Delaware and Chancellor Bouchard, this result was a significant victory and a first step towards transparency. For additional information, click here and here.
UPDATE: Under Russo PLLC’s direction locally admitted attorneys for TransPerfect successfully challenged Skadden Arps’ unreasonably broad interpretation of a court-ordered confidentiality agreement governing the production and challenges to the law firm’s bills. The Delaware Chancery Court agreed that the redactions demanded by Skadden Arps were unreasonable and out of compliance with the court rule which favors transparency. It also gave mediator former Chancellor William Chandler the authority to show Skadden Arp’s bills to whomever he believes is appropriate in connection with the ongoing mediation first suggested by Skadden Arps. To see the decision click here.