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them yielding to ElNngs posiNon with no basis in law. Chancellor Bouchard abandoned his sworn duty to
equity and jusNce in this regard. Instead, without consideraNon of the content, for the purpose of the
merits case he suppressed the very emails which may prove Mr. Shawes asserNon that ElNng and her
aVorneys engaged in a scheme to provoke Mr. Shawe and create acNonable discord in the company.
These and other indicia of bias (such as the remarkable success rate of ElNngs team on all moNons which
her aVorneys bragged about in a Law360 arNcle) are parNcularly concerning given the recent unsolicited
and inappropriate negaNve public statement by Vice Chancellor J. Travis Laster which was directed at the
free speech acNviNes of Transperfect employess who have been appealing to the media and the public. It
is the duty of judges and lawyers to avoid the appearance of impropriety and this unprecedented instance
of one sikng judge commenNng on the acNve case of another may not be consistent with that mandate
especially when it may be interpreted as an aVempt to quell rst amendment rights.
At this point, the case has been cerNed for interlocutory appeal, and I am condent that the Delaware
Supreme Court (or, if necessary, the U.S. Supreme Court) will reverse both the sale order and sancNons
order based on the law. With respect to the sale order, ponder this: the facts reported in the decision by
Chancellor Bouchard clearly support a nding that ElNng breached her duciary duty by refusing to
consider real estate and merger/acquisiNon opportuniNes without regard to their merit, so how is it
possible that a person with unclean hands (ElNng) can come to Chancery Court and obtain relief? When
similar claims were brought by ElNng in New York State court, it was tossed out with the sense that the
whole liNgaNon was absurd and the parNes needed to come to a soluNon on their own. JusNce Schweitzer
specically found that it was unclear who drew rst blood.
Mr. Shawe is resolute that the company is an industry leader that never faced irreparable harm regardless
of any alleged acrimony between the shareholders. TransPerfect's performance in 2015 was more
successful than 2014, and it is on pace to perform even beVer in 2016 despite the liNgaNon. He is
condent that the company will conNnue to prosper and conNnues to oer $300 million cash to Ms. ElNng
for her shares.
MarNn Russo
Juda Engelmayer
Senior Vice President
5W Public RelaJons
T 212-584-4272
F 646-649-9088
C 917-733-3561
jengelmayer@5wpr.com
twiDer @judae
NEW YORK | 5WPR.COM
Top 20 Independent U.S. PR Agency
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5W Public RelaJons
T 212-584-4272
F 646-649-9088
C 917-733-3561
jengelmayer@5wpr.com
twiDer @judae
NEW YORK | 5WPR.COM
Top 20 Independent U.S. PR Agency
Be sure to follow us: Facebook.com/5WPublicRelaNons | TwiVer.com/5W_PR
Page 3 of 3