Is Delaware’s Hegemony Over Corporate Law About To End?
Ancient Greece was a coherent culture but not a coherent state. It was comprised of a many city states that vied with each other for ἡγεμονία (hegemony). The Greek word refers to some one or thing...
View ArticleIt’s Time To Put A Stop To Fee-Shifting (But Not In the Way You Might Think)
The problem with “fee-shifting bylaws” starts with the name. A better name might be “anti fee-shifting bylaws” because they end the fee shifting that otherwise applies. Without fee-shifting bylaws,...
View ArticleSB 75 May Prove To Be Delaware’s Seven Sisters
A century ago, New Jersey was the state in which to incorporate. Long before former Iraqi President popularized the expression “Mother of Battles” (“Um El-Ma’arek“), the famed legal scholar Adolph A....
View ArticleNevada Corporate Law: What’s Wrong With Expedition?
As someone who has been writing about Nevada corporate law for over two decades, I’ve been somewhat amused by the recent “discovery” of the Silver State as an alternative to Delaware. Writing for The...
View ArticleNevada Seizes Delaware’s Business Entity Formation Crown
Delaware has long dominated the market for incorporations. Thus, I was surprised to see University of Nevada Law Professor Eric H. Franklin write that Nevada enjoys a 4 to 1 advantage over Delaware in...
View ArticleNevada Favors New York Over Delaware Precedent For SLC Review
Nevada law endows a board of directors “full control over the affairs of the corporation”. NRS 78.120(1). This control is subject only to such limitations as may be provided by NRS chapter 7, or the...
View ArticleDelaware Special Litigation Committee Review “Could Stand A Good Tweaking”
UCLA Law School Professor Stephen Bainbridge recently critiqued the Nevada Supreme Court’s decision to follow Auerbach v. Bennett, 419 N.Y.S.2d 920 (1979) rather than Delaware’s Zapata Corp. v....
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