The Delaware Incorporation Debate: Is Incorporation Outside of Delaware Right For My Company?

Hosted By: Fenwick & West

Join Us For a Webinar to Discuss the Recent Trends in Corporate Exits from Delaware (being labeled the “DExit” phenomenon).

Following a string of recent court decisions imposing additional scrutiny on decisions made by boards and management, especially in the context of controlling stockholder transactions, a number of Delaware incorporated corporations (including certain high profile technology companies) have decided to reincorporate (or are consideration reincorporation) to other states (particularly Nevada and Texas).

But is the grass really greener on the other side, and will the recently-proposed amendments to the Delaware General Corporation Law (DGCL) and recent Delaware Supreme Court decisions help convince companies to stay?

Join Fenwick Corporate Partners David Bell, Ran Ben-Tzur, Lara Foster and Counsel Wendy Grasso as they discuss how we got here (including the controversial Delaware Court of Chancery decisions that may have opened the door), the current landscape (including how the Delaware legislature and courts are responding to the “DExit” threat), and other important considerations for companies considering a possible reincorporation out of Delaware.

For a summary of the proposed amendments to the DGCL, please see our alert here.

This one-hour webinar will be recorded and is eligible for CLE credit.