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For an audio version of the newsletter, listen here.
We are grateful that our Delaware Chancery judiciary engages directly with the legal and governance communities at longstanding events such as Tulane Corporate Law Institute, law school classes and other academically oriented confabs. An example of this will be on April 23rd, when Vice-Chancellor Lori Will and Delaware Supreme Court Justice Karen Valihura will be speaking at the upcoming Berkeley Spring Forum (we will be attending!).
But we now have LinkedIn-gate. A year or so after Vice Chancellor Travis Laster got into hot water by weighing in on SB 21 and the debate over amendments to Delaware law on his now defunct LinkedIn page, Delaware Chancery Court Chancellor Kathaleen McCormick is in the (matzah ball) soup.
As our readers know, Chancellor McCormick has ruled on many Musk cases and most importantly, his compensation case, which was overturned by the Delaware Supreme Court.
This week, she “liked” a post seemingly disparaging Elon Musk and his legal team– and it appeared that she was taking sides on matters in her own courtroom. Immediately, Musk’s lawyers sought a motion to recuse.
Chancellor McCormick quickly reassigned the remaining Musk related case but denied a motion to recuse because she is not biased, in her words. Outside experts are scratching their heads. Commenting on X, University of Arkansas Law Professor Robert Anderson described the move as “extremely odd”:
“She [Chancellor McCormick] grants a motion to reassign the cases ‘because of disproportionate media attention?’ Will cases be reassigned going forward if there is disproportionate media attention to them, or is this a special case? And why? She does not deny…that her LinkedIn count ‘supported’ the derogatory post, and she doesn’t claim it was inadvertent, but she now says she does not in fact support the post.”
In Professor Anderson’s view, this does not reflect positively on the Delaware Chancery Court and “it’s sort of crazy how much trouble the Delaware Chancellors have made for themselves on LinkedIn.”
Can a law clerk in Delaware show our esteemed judges how to stay in “read only” mode?
Chag Pesach Sameach and Happy Easter!
GPP team
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