backOver the last year, a discussion has accelerated around Delaware’s status as the favored state of incorporation for business entities, with many ventures debating whether they should choose to incorporate in Delaware or, if already incorporated there, whether they should reincorporate elsewhere. Two other jurisdictions—Texas and Nevada—have emerged as the two main contenders challenging Delaware’s primacy. The Delaware Court of Chancery has long been the hallmark of the predictability and stability offered by Delaware as a place of incorporation. But as businesses consider their options outside of Delaware, those states are focused on the development of their courts handling business matters. Partners Jeff Rosenberg and Rob Leclerc offer their observations in this quick-reference chart comparing the complexion of the current (though quickly evolving) state of the business-oriented courts in the three primary jurisdictions in the conversation: the Delaware Court of Chancery, Texas Business Court, and Nevada Eighth Judicial District Court.
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