Due to Technical Issues All entries are due April 23rd!
• No Commitment Required
• Sign-Up not Legally Binding
Second place: $25,000 First place: $65,000 Third place: $10,000
The Philip R. Shawe Scholarship Competition
The Philip R. Shawe Scholarship Competition is a writing and oratorical contest focusing on a controversial corporate law case brought before the State of Delaware Chancery Court and recently affirmed by the Delaware Supreme Court involving TransPerfect Global and its co-CEOs, Phil Shawe and Elizabeth Elting. The competition, open to all second- and third-year law school students, focuses on the TransPerfect case, (In re: TransPerfect Global, Inc.,” Civil Action No. 9700-CB and “Elizabeth Elting v. Philip R. Shawe, et al.” Civil Action No. 10449-CB) in which the Delaware Chancery Court, to create a non-negotiated exit strategy for one of the company shareholders, ordered the forced sale of the entire company against the will of the other two shareholders.
Contestants will write briefs on the U.S. constitutional implications (Due Process and Takings Clauses) of the Delaware courts’ powers to adopt a forced sale remedy when shareholders of a highly profitable privately-held corporation are deadlocked. The contestants will be asked to write an argument to be heard by the United States Supreme Court reversing a decision by the Delaware Supreme Court which affirmed the decision by the Delaware Chancery Court.
Participating contestants will be provided with the necessary briefs, case files, decisions and oral arguments. They will have ample time to write a brief of not more than 15 pages arguing to reverse the Delaware Supreme Court which affirmed the Delaware Chancellor's decision, in whole or in part, and dispose of the case. Three finalists will deliver their arguments in a short speech to a panel of judges, comprised of Judge Carmen Beauchamp Ciparick, (Ret) Senior Associate Judge of the New York State Court of Appeals, Justice Melvin Schweitzer, (Ret) New York State Supreme Court, Commercial Division, Professor Alan Dershowitz, and Joseph D. Hansen, former Director of Interns for Justice Schweitzer, New York State Supreme Court, Commercial Division.
Three finalists will be awarded scholarships totaling $100,000
The Case In Re Shawe & Elting, LLC
in 2015, the Delaware Chancery Court ordered the sale of the translation services company, Transperfect Global, as part of resolving a dispute between the company’s largest shareholders, Phil Shawe, Shirley Shawe and Liz Elting. The Delaware Supreme Court affirmed the Chancery Court decision with one of five justices dissenting. In the aftermath of the Transperfect decision, much remains open regarding how much deference the Chancery Court should give to directors to resolve internal disputes, and when a directed sale is an appropriate remedy.
Contestants should assume the Shawes promptly petitioned the United States Supreme Court for a writ of certiorari, which was granted. Contestants should focus on the scope of the Chancery Court’s power, its application of Delaware law and the propriety of its proposed deadlock resolution.
The Philip R. Shawe Scholarship Competition is open to second and third year law students, at law schools based and accredited in the United States.
Contestants will prepare briefs of no more than 15-pages. Contestants will address the U.S. constitutional implications (Due Process and Takings Clauses) of the Delaware courts’ powers to adopt a forced sale remedy when shareholders of a highly profitable, privately-held corporation are deadlocked. These briefs will be judged first by a group of experienced counsel from Lateral Link Group, Inc..
The top graded 25 briefs will then be ranked by the Panel, who will select the top three. The top three contestants will prepare their arguments as if they were going before the United States Supreme Court. The three contestants will present their oral arguments to the Panel. The Panel will rank the three oralists. Scholarships will be given in the following amounts: First place will be awarded $65,000, second place $25,000, and third place $10,000.
The briefs should not simply reiterate the arguments made by the appellant in the Delaware Courts, but develop novel legal and policy arguments regarding the decision to appoint a custodian and to direct the sale of the corporation under Delaware General Corporate Law §226. Students are not limited to the lines of argument raised in the case materials.
Essays should be written double spaced in Times New Roman, 12-point font. Margins should be 1-inch on all sides. Citations should be done in accordance with Bluebook rules. All submissions shall become the property of the competition and Philip R. Shawe and may be published on the internet.
Contestants may not contact or discuss the case or the legal issues it raises with the parties, their counsel, the court, or any other person connection to the case.
The competition will be judged by well known legal scholars, Judge Carmen Beauchamp Ciparick, Justice Melvin Schweitzer, Professor Alan Dershowitz, , and Joseph D. Hansen
The Philip Shawe Scholarships will be awarded after the oral competition.
Awards will be given to the top three students:
First place: $65,000
Second place: $25,000
Third place: $10,000