In a dramatic proceeding before the Delaware Supreme Court en banc, attorneys for Philip Shawe on Wednesday challenged the constitutionality of a Delaware statute the Delaware Court of Chancery used to order the sale of TransPerfect Global Inc., an argument that was met with skepticism and even derision from the state’s highest judicial officer.
The attack was led by Alan Dershowitz, the famed attorney who was a late addition to TransPerfect co-founder Shawe’s legal team, who argued that the statute opened the door for a forced sale that represented an improper taking of his client’s personal property in violation of the Fifth Amendment to the U.S. Constitution.
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