TransPerfect: Difference between revisions
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In July 2013, TransPerfect prevailed in a U.S. Federal patent trial against competitor MotionPoint. The trial began as a result of MotionPoint's claim that TransPerfect's use of its own translation technology patent was invalid, and infringed one of MotionPoint's patents. TransPerfect sued MotionPoint, and MotionPoint filed a counter-suit.<ref name="Internet Retailer">{{Cite web|title=In a web translation patent battle, the jury sides with TransPerfect|url=http://www.internetretailer.com/2013/07/29/jury-sides-transperfect-web-translation-patent-battle|work=Internet Retailer|publisher=Vertical Web Media|accessdate=18 August 2013|author=Paul Demery|date=29 July 2013}}</ref> After three weeks of arguments, a California jury voted in favor TransPerfect and awarded $1 million in damages.<ref name="Common Sense Advisory">{{Cite web|title=Jury Decides Translation Automation Case|url=http://www.commonsenseadvisory.com/Default.aspx?Contenttype=ArticleDetAD&tabID=63&Aid=5544&moduleId=390|work=Common Sense Advisory|publisher=Common Sense Advisory, Inc.|accessdate=18 August 2013|author=Donald DePalma|date=15 July 2013}} </ref> In July 2015, the [[United States Patent and Trademark Office]] Trial and Appeal Board ruled that the claims of the Transperfect patent in question was unpatentable. <ref name="National Law Review">{{Cite web|title=MotionPoint Corporation v. TransPerfect Global: Final Written Decision Finding All Challenged Claims Unpatentable|url=http://www.natlawreview.com/article/motionpoint-corporation-v-transperfect-global-final-written-decision-finding-all}}</ref> |
In July 2013, TransPerfect prevailed in a U.S. Federal patent trial against competitor MotionPoint. The trial began as a result of MotionPoint's claim that TransPerfect's use of its own translation technology patent was invalid, and infringed one of MotionPoint's patents. TransPerfect sued MotionPoint, and MotionPoint filed a counter-suit.<ref name="Internet Retailer">{{Cite web|title=In a web translation patent battle, the jury sides with TransPerfect|url=http://www.internetretailer.com/2013/07/29/jury-sides-transperfect-web-translation-patent-battle|work=Internet Retailer|publisher=Vertical Web Media|accessdate=18 August 2013|author=Paul Demery|date=29 July 2013}}</ref> After three weeks of arguments, a California jury voted in favor TransPerfect and awarded $1 million in damages.<ref name="Common Sense Advisory">{{Cite web|title=Jury Decides Translation Automation Case|url=http://www.commonsenseadvisory.com/Default.aspx?Contenttype=ArticleDetAD&tabID=63&Aid=5544&moduleId=390|work=Common Sense Advisory|publisher=Common Sense Advisory, Inc.|accessdate=18 August 2013|author=Donald DePalma|date=15 July 2013}} </ref> In July 2015, the [[United States Patent and Trademark Office]] Trial and Appeal Board ruled that the claims of the Transperfect patent in question was unpatentable. <ref name="National Law Review">{{Cite web|title=MotionPoint Corporation v. TransPerfect Global: Final Written Decision Finding All Challenged Claims Unpatentable|url=http://www.natlawreview.com/article/motionpoint-corporation-v-transperfect-global-final-written-decision-finding-all}}</ref> |
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=Recent Press= |
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==Legal Activities== |
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TransPerfect, the world's largest privately held provider of language services and technology solutions, recently announced that it has been named the Best of Elearning! 2016 award winner in the category of "Best Translation and Language Service." This is the fourth consecutive year TransPerfect has received the honor. |
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Following an apparent difficulty in communications between one another, Elting considered her options regarding her 50% ownership of the company. Among the issues she was concerned with was the value of her 50% ownership share.<ref name="Rainey_Premium">{{cite news|last1=Rainey|first1=Douglas|title=Did TransPerfect’s Shawe get a fair shake in sales dispute?|url=http://delawarebusinessnow.com/2017/01/analysis-transperfects-shawe-get-fair-shake-sales-dispute/|agency=Delaware Business Now|issue="a would-be buyer other than Shawe would not pay top-dollar for a 50-50 share that would still leave control of the company in limbo"|publisher=bird street media llc|date=2 Jan 2017}}</ref> Elting sought relief from the legal system. Shawe saw that as an attempt by Elting to use the courts to help her negotiate an exit policy.<ref name="Slator_Exit">{{cite news|last1=Faes|first1=Florian|title=A Fight About Money, Not Spite, Says TransPerfect’s Phil Shawe|url=https://slator.com/industry-news/fight-money-not-spite-says-transperfects-phil-shawe/|agency=Slator.com|date=29 Nov 2016}}</ref> In 2014, Elting sought to remove Shawe as an officer of TransPerfect Translations International, Inc. (TPI). Elting sought an injunction barring Shawe from conducting any managerial activity related to TransPerfect and sought the dissolution of TransPerfect, alleging that Shawe had engaged in "erratic and abusive behavior".<ref>{{cite court |litigants=Elting v. Shawe |court=Supreme Court Of The State Of New York County Of New York |date=August 4th, 2014 |url=http://cases.justia.com/new-york/other-courts/2014-2014-ny-slip-op-32125-u.pdf?ts=1408054329}} </ref> <ref>{{cite web|last1=Ross|first1=Barbara|title=Co-founder of $400 million company seeks restraining order against his business partner and former lover|url=http://www.nydailynews.com/news/national/co-founder-400-million-company-seeks-restraining-order-business-partner-lover-article-1.1833346|website=New York Daily News|publisher=NYDailyNews.com|accessdate=18 June 2014}}</ref> New York State Supreme Court Justice Melvin Schweitzer dismissed the case, suggesting the two needed to work it out privately and not seek remedy from a court.<ref name="Schweitzer_Dismiss">{{cite news|title=TransPerfect Translations International Announces Major Victory In New York Supreme Court|url=https://www.thestreet.com/story/12871472/1/transperfect-translations-international-announces-major-victory-in-new-york-supreme-court.html|agency=The Street|publisher=PR Newswire|date=8 Sep 2014}}</ref> |
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<ref>http://www.prnewswire.com/news-releases/transperfect-named-top-translation-and-language-service-in-best-of-elearning-awards-for-fourth-consecutive-year-300408063.html</ref> |
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The suit was then taken to the Delaware Chancery where Elting reissued her complaint, and Shawe alleged that Elting had breached her fiduciary duties by not moving ahead with certain business-related opportunities, such as leases, acquisitions, and diverting funds for her own personal use.<ref name="Law360_Breach">{{cite news|last1=Chiappardi|first1=Matthew|title=TransPerfect Co-CEOs Warned To Make Peace Or Else|url=https://www.law360.com/articles/663136/transperfect-co-ceos-warned-to-make-peace-or-else|agency=Law360|publisher=Portfolio Media, Inc|date=3 Jun 2015}}</ref> In August 2015, The Chancellor of the [[Delaware Court of Chancery|Delaware Chancery Court]], Andre Bouchard, decided to have a third-party sell the shares of the company in a public auction.<ref> {{Cite web|title=Court orders feuding biz partners, ex-lovers, to sell their profitable translation firm|url=http://www.crainsnewyork.com/article/20150825/BLOGS02/150829916/court-orders-feuding-biz-partners-ex-lovers-to-sell-their-profitable-translation-firm}}</ref> |
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Former New York Mayor [[Rudolph Giuliani]] chimed in and suggested that the court decision in Delaware would harm Delaware's status as a popular business incorporation state.<ref name="Mordock_Giuliani">{{cite news|last1=Mordock|first1=Jeffrey|title=Giuliani blasts Delaware court for decision in lover's spat|url=http://www.delawareonline.com/story/money/2016/04/22/giuliani-blasts-delaware-court-decision-lovers-spat/83345454/|work=News Journal|agency=Delaware Online|publisher=USA Today|date=22 Apr 2016}}</ref><ref name="NYT_Davidoff">{{cite news|last1=Davidoff Solomon|first1=Steven|title=TransPerfect Is Threatened by Owners’ Petulance|url=https://www.nytimes.com/2016/11/16/business/dealbook/transperfect-is-threatened-by-owners-petulance.html|work=Dealbook|agency=New York Times|date=15 Nov 2016}}</ref> NY Justice Schweitzer also publicly commented on the case in Delaware, saying, "I was kind of shocked at how extreme the result was... The company is still doing phenomenally well and I thought there were steps that should have been taken short of ordering a sale. That's would I would have done if I still had the case."<ref name="Schweitzer">{{cite news|last1=Mordock|first1=Jeff|title=Shawe adds celebrity attorney Dershowitz to legal team|url=http://www.azcentral.com/story/money/2017/01/12/shawe-adds-celebrity-attorney-dershowitz-legal-team/96497492/|work=The News Journal|agency=The Arizona Republic|publisher=USA Today|date=12 Jan 2017}}</ref> |
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The argument against the Chancellor has been the misapplication of [[Delaware General Corporation Law]], [[Delaware_General_Corporation_Law#Case_of_TransPerfect|clause 226]] that authorizes the sale of a company when it faces financial default and other catastrophic issues. Here, as the company has only proven to do even better each year, even during this lawsuit period.<ref name="Senator_Bonini">{{cite news|last1=Bonini|first1=Colin|title=We must keep Delaware the best place for business|url=http://www.delawareonline.com/story/opinion/contributors/2017/02/08/we-must-keep-delaware-best-place-business/97654350/|work=Delaware Voice|agency=The News Journal|publisher=USA Today Network|date=8 Feb 2017}}</ref> The defendants have argued that the company has not suffered and that the only remedy is the appointment of tie-breaking board member to help move issues along.<ref name="Lucas_Overreach">{{cite news|last1=Lucas|first1=Fred|title=Judicial Overreach: Small Court, Big Economic Ramifications|url=https://townhall.com/columnists/fredlucas/2016/05/27/judicial-overreach-small-court-big-economic-ramifications-n2169449|agency=Townhall|publisher=Townhall.com|date=27 May 2016}}</ref> Following Bouchard's decision, Shawe sought an appeal of the ruling and the oral argument was held on January 18, 2017.<ref name="Mordock_Appeal">{{cite news|last1=Mordock|first1=Jeffrey|title=Supreme Court to hear TransPerfect case on Jan. 18|url=http://www.delawareonline.com/story/money/business/2016/11/16/supreme-court-hear-trasnpefect-case-jan-18/93964198/|work=The News Journal|agency=USA Today Network|publisher=Delaware Online|date=16 Nov 2016}}</ref> |
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For the appeal, Professor [[Alan Dershowitz]] argued for Shirley Shawe, a 1% owner in the company.<ref name="Feeley_Dersh">{{cite news|last1=Feeley|first1=Jef|title=Dershowitz Adds Star Power to Heated TransPerfect Fight|url=https://www.bloomberg.com/news/articles/2017-01-18/dershowitz-adds-star-power-to-already-heated-transperfect-fight|work=Bloomberg|agency=Bloomberg LP|date=18 Jan 2017}}</ref> Dershowitz argued that Chancellor Bouchard's decision was tantamount to an illegal [[Fifth_Amendment_to_the_United_States_Constitution#Takings_clause|constitutional taking]]<ref name="Feeley_Dersh"/> Delaware Chief justice [[Leo Strine]] argued back to Dershowitz that he had no right to bring that up since it was not in the initial case, and the two argued over the law.<ref name="Mordock_Strine">{{cite news|last1=Mordock|first1=Jeff|title=Alan Dershowitz, Justice Strine spar over TransPerfect|url=http://www.delawareonline.com/story/news/2017/01/18/sparks-fly-heated-transperfect-case/96719902/|work=New Journal|agency=USA Today|issue=18 Jan 2017|publisher=Delawareonline}}</ref> The appeal affirmed Bouchard's decision.<ref name="McParland_Appeal">{{cite news|last1=McParland|first1=Tom|title=Del. Supreme Court Upholds Forced Sale of TransPerfect|url=http://www.delawarelawweekly.com/id=1202779110489/Del-Supreme-Court-Upholds-Forced-Sale-of-TransPerfect?slreturn=20170122103721|work=Delaware Law Weekly|publisher=ALM Media Properties, LLC|date=13 Feb 2017}}</ref> |
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Shawe and Dershowitz have suggested that they will petition the [[U.S. Supreme Court]] for [[certiorari]]<ref name="McParland_certiorari">{{cite news|last1=McParland|first1=Tom|title=TransPerfect-Linked Group Lobbies to Curb Forced Sales of Corporations|url=http://www.delawarelawweekly.com/id=1202777316002/TransPerfectLink-Group-Lobbies-for-Curbs-on-Forced-Sales-of-Corporations?mcode=1202617074375&curindex=1&curpage=2|work=Delaware Law Weekly|publisher=ALM Media Properties, LLC|date=20 Jan 2017}}</ref> |
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===Employee Group Forms to Protect Company=== |
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Included in this case has been a campaign waged by a group that calls itself Citizens for a Pro-Business Delaware<ref name="Hals_CFPBD">{{cite news|last1=Hals|first1=Thomas|title=Top Delaware court upholds sale of translation firm TransPerfect|url=http://finance.yahoo.com/news/top-delaware-court-upholds-sale-223346839.html|work=Reuters|agency=Yahoo News|date=13 Feb 2017}}</ref> to lobby the legislature to change the chancery rules regarding the forced sale of a private, well performing company.<ref name="DBN_Special">{{cite news|title=Citizens for a Pro-Business Delaware launches six-figure advertising effort|url=http://delawarebusinessnow.com/2017/01/citizens-pro-business-delaware-launches-six-figure-advertising-effort/|work=DELAWARE BUSINESS NOW|publisher=bird street media llc|date=11 Jan 2017}}</ref> The group claims over 1200 members.<ref name="Mordock_Coffey">{{cite news|last1=Mordock|first1=Jeff|title=Supreme Court decision a loss for TransPerfect workers|url=http://www.delawareonline.com/story/money/2016/10/18/transperfect-workers-motion-support-appeal-denied/92349636/|work=News Journal|agency=Delaware Online|publisher=USA Today|date=18 Oct 2016}}</ref> "Citizens " built a website,<ref name="CFPBD">{{cite web|title=Citizens for a pro Business Delaware|url=http://www.delawareforbusiness.org/|website=DELAWARE FOR BUSINESS|publisher=Citizens for a Pro-Business Delaware Inc.}}</ref> has run television commercials,<ref name="Mordock_Citizens">{{cite news|last1=Mordock|first1=Jeff|title=TransPerfect workers spend $300,000 on new TV ads|url=http://www.delawareonline.com/story/money/2017/02/02/transperfect-workers-spend-300k-new-tv-ads/97401994/|work=The News Journa|agency=Delaware Online|publisher=USA Today|date=2 Feb 2017}}</ref> taken billboard and newspaper ads, petitioned elected leaders<ref name="McParland_Citizens">{{cite news|last1=McParland|first1=Tom|title=For TransPerfect-Aligned Group, a Legislative Waiting Game|url=http://www.delbizcourt.com/id=1202779467771/For-TransPerfectAligned-Group-a-Legislative-Waiting-Game?slreturn=20170122175046|work=Delaware Business Court Insider|publisher=ALM Media Properties, LLC.|date=17 Feb 2017}}</ref> and held press conferences to press the issue of their concern for the jobs that may be lost<ref name="Mordock_Coffey"/> and the impact this decision would have on Delaware's ability to continue attracting new companies to incorporate in the state.<ref name="Feeley_Coffey">{{cite news|last1=Feeley|first1=Jef|title=Photographer: Henrik Sorensen/Getty Images TransPerfect's Auction Order Endorsed by Delaware High Court|url=https://www.bloomberg.com/news/articles/2017-02-13/transperfect-forced-sale-order-upheld-by-delaware-supreme-court|work=Bloomberg Technology|publisher=Bloomberg LP|date=13 Feb 2017}}</ref> |
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===Controversial Legal Issues=== |
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There have been charges of unethical actions by Elting's law firm [[Kramer Levin Naftalis & Frankel]],<ref name="Maya_Rajamani">{{cite news|last1=Rajamani|first1=Maya|title=Chancery Sanctions Kramer Levin In TransPerfect Case|url=https://www.law360.com/articles/691571/corrected-chancery-sanctions-kramer-levin-in-transperfect-case|work=Law360|agency=LexiNexis|date=14 Aug 2015}}</ref> which was sanctioned by the Chancery Court for "repeatedly instruct[ing] a witness not to answer questions<ref name="CASSENS_WEISS">{{cite news|last1=CASSENS WEISS|first1=DEBRA|title=Kramer Levin is sanctioned $135K for deposition conduct|url=http://www.abajournal.com/news/article/kramer_levin_is_sanctioned_135k_for_deposition_conduct|work=ABA Journal|publisher=American Bar Association|date=30 Sep 2015}}</ref> |
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A defamation suit was filed by Shirley Shawe against Kramer Levin, claiming that its lead attorney on the case “crossed the line” by making false statements in connection with the Delaware sale case that “were intended to damage Shawe’s business and personal reputation,” while talking to a reporter about the case.<ref name="Feeley_Defamation">{{cite news|last1=Feeley|first1=Jef|title=TransPerfect’s Shawe Escalates Feud With Defamation Suit|url=https://www.bloomberg.com/news/articles/2017-02-01/transperfect-s-shawe-escalates-company-feud-with-defamation-suit|work=Bloomberg Technology|agency=Bloomberg LP|date=1 Feb 2017}}</ref> Citing that same interview, attorney Philip Kaufman was also accused of contradicting himself when he argued before the appeal court from what he claimed to the reporter.<ref name="Rainey_Kramer">{{cite news|last1=Rainey|first1=Douglas|title=TransPerfect shareholder claims opposing attorney offers contradictory statements|url=http://delawarebusinessnow.com/2017/02/transperfect-shareholder-claims-opposing-attorney-offers-contradictory-statements/|work=Delaware Business Now|publisher=bird street media llc|date=20 Feb 2017}}</ref> Ms. Shaw ran a series of TV ads highlighting the varying sets of comments made by Kaufman and the video was posted to Youtube. |
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== References == |
== References == |
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Revision as of 09:34, 16 March 2017
| File:Updated corporate logo for TransPerfect. Logo for translation and business service provider TransPerfect.png | |
| Company type | Private |
|---|---|
| Industry |
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| Founded | New York, New York, United States (1992) |
| Founder |
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| Headquarters | , United States |
Key people | Liz Elting and Phil Shawe, Co-CEOs |
| Revenue | US$504,600,000 (2015)[1] |
Number of employees | 3,000 (2015)[2] |
| Website | www |
TransPerfect Translations, known as "TransPerfect", is a translation services company based in New York City. The company provides "translation and discovery services" primarily to companies in the legal and healthcare fields.[2] As of 2012[update], TransPerfect was "the largest privately owned language services provider, with offices in over 90 cities worldwide".[3][4] The company has three shareholders. Elting-50%, Phil Shawe-49%, and Shirley Shawe-1%.[5] The majority female status has made it possible for the company to be considered a Woman Owned Business for purposes of certain media, awards, contracts and RFP processes.[6][7]
History
TransPerfect founders Elizabeth Elting and Phil Shawe met in a New York University (NYU) dormitory room and founded the company in 1992. With no external financing, TransPerfect grew from a two-person dormitory-based operation into one of the 125 largest privately held companies in the New York area.[8]
Patented Technology
In July 2013, TransPerfect prevailed in a U.S. Federal patent trial against competitor MotionPoint. The trial began as a result of MotionPoint's claim that TransPerfect's use of its own translation technology patent was invalid, and infringed one of MotionPoint's patents. TransPerfect sued MotionPoint, and MotionPoint filed a counter-suit.[9] After three weeks of arguments, a California jury voted in favor TransPerfect and awarded $1 million in damages.[10] In July 2015, the United States Patent and Trademark Office Trial and Appeal Board ruled that the claims of the Transperfect patent in question was unpatentable. [11]
Recent Press
TransPerfect, the world's largest privately held provider of language services and technology solutions, recently announced that it has been named the Best of Elearning! 2016 award winner in the category of "Best Translation and Language Service." This is the fourth consecutive year TransPerfect has received the honor.
References
- ^ "TransPerfect provides language and technology services to manage multilingual content". Forbes. Retrieved 26 October 2016.
- ^ a b Stengel, Geri (27 February 2013). "A $340 Million Company Shares Strategies For Growing Without Outside Funding". Forbes. Retrieved 11 January 2016.
- ^ Chase, Randall (13 Feb 2017). "Court-Ordered Sale of TransPerfect Translation Company Is Upheld". New York Times.
- ^ Stengel, Geri (11 January 2012). "Want to Grow the Economy? Change Four Attitudes About Women Entrepreneurs". Forbes. Retrieved 11 January 2016.
- ^ "IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE". In re: SHAWE & ELTING LLC. In re: TRANSPERFECT GLOBAL, INC.: 3 13 Aug 2015.
- ^ Bresiger, Gregory (10 May 2015). "New York City boasts four top women-led companies". News Corp. New York Post.
- ^ Savchuk, Katia (25 May 2016). "Inside The Nasty Corporate Divorce Between Ex-Lovers Who Built A Company Worth Nearly $1 Billion". Forbes. Forbes Media LLC.
- ^ "Top 125 Privately Held Companies". Crain's New York Business. Crain Communications, Inc. 19 November 2012. Retrieved 19 June 2013.
- ^ Paul Demery (29 July 2013). "In a web translation patent battle, the jury sides with TransPerfect". Internet Retailer. Vertical Web Media. Retrieved 18 August 2013.
- ^ Donald DePalma (15 July 2013). "Jury Decides Translation Automation Case". Common Sense Advisory. Common Sense Advisory, Inc. Retrieved 18 August 2013.
- ^ "MotionPoint Corporation v. TransPerfect Global: Final Written Decision Finding All Challenged Claims Unpatentable".
- ^ http://www.prnewswire.com/news-releases/transperfect-named-top-translation-and-language-service-in-best-of-elearning-awards-for-fourth-consecutive-year-300408063.html