In the April 2 Bloomberg Law article “Musk’s Tesla Threats Unlikely to Shake Delaware’s Dominance,” Wagner Hicks co-founder Ben Hicks comments on the unceasing appeal for business incorporation in Delaware even despite recent Court of Chancery opinions and critical statements from Elon Musk.
Ben suspects that, until Delaware courts issue an opinion “so burdensome that it precludes businesses from functioning in their day to day,” we likely won’t see a “massive shift in interest in becoming or remaining as a Delaware-governed entity.”
Though some critics argue the court has introduced too much uncertainty into judicial reviews of insider deal conflicts, shareholder challenges to mergers, or boards amending shareholder pacts, Ben notes that it is often venture capital firms and other investors who push for Delaware incorporation, identifying the state as the “undisputed preeminent jurisdiction for corporate matters.”
Ben, who advises start-up and growing companies at every phase of their life cycle, was recently quoted in Fortune on this same topic. When advising his own clients on strategies for incorporation and other business matters, he regularly draws on his firsthand experience in successful business ownership and management.