For many decades, Delaware has been the leading forum for incorporation in the United States, offering a well-established and predictable legal framework and business-friendly courts. However, recent decisions out of Delaware Chancery Court deemed unfavorable to controlling stockholders have prompted some businesses to reevaluate their incorporation choices. Prominent companies like Tesla and Dropbox have moved out of Delaware and reincorporated in states like Texas and Nevada, and rumors are circulating that more will follow. In February, the Delaware legislature proposed significant amendments to the Delaware General Corporation Law (DGCL) addressing some of the issues that have driven the Delaware exit – or “DExit” – phenomenon.

Is reincorporation the right move for your company and its stakeholders? What are the key considerations for businesses that are contemplating this option? And how does a business reincorporate in another state and minimize the risk of legal challenge? Join a panel of experts as they consider:

• Why reincorporation has become such a hot topic;
• What types of companies are actually leaving Delaware, and what we can anticipate seeing down the road;
• The advantages and challenges of reincorporation, including key differences among various jurisdictions and the impact of the proposed 2025 amendments to the DGCL;
• The process for reincorporating and strategies for mitigating litigation risk; and
• Key takeaways for businesses looking to incorporate or reevaluate their state of incorporation.

Whether you’re a business executive, legal professional, or corporate decision-maker, this session will provide the knowledge you need to assess whether, when, and how to make a strategic move.

Panelists