> The Delaware legal system is fundamentally broken for defendants. Due to the ironically labeled “American Rule,” even if you win, it’s extremely rare for the other side to have to cover your attorneys’ fees
Another reason not to blindly use Delaware
There are 49 other states, a district, territories, and various native reservations, with their own incorporation statutes
They haven’t all just sat idly over the last 30 years in the competitiveness of their statutes
Some even have Chancery Courts just like Delaware
And the lack of case law is actually a benefit. If you don’t like Delaware’s case law you can argue for a completely different ruling that only benefits you. while if you do like Delaware’s case the local judge has a strong incentive to lean on it and you can push for that.
Its surprising how uninspired people are about this, especially ones that arent raising capital
Another reason not to blindly use Delaware
There are 49 other states, a district, territories, and various native reservations, with their own incorporation statutes
They haven’t all just sat idly over the last 30 years in the competitiveness of their statutes
Some even have Chancery Courts just like Delaware
And the lack of case law is actually a benefit. If you don’t like Delaware’s case law you can argue for a completely different ruling that only benefits you. while if you do like Delaware’s case the local judge has a strong incentive to lean on it and you can push for that.
Its surprising how uninspired people are about this, especially ones that arent raising capital