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	<title>Comments on: Does Delaware Compete?</title>
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	<description>Sponsored by the HLS Corporate Governance Program</description>
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		<title>By: joe hinsey</title>
		<link>http://blogs.law.harvard.edu/corpgov/2007/10/11/does-delaware-compete-2/comment-page-1/#comment-5311</link>
		<dc:creator>joe hinsey</dc:creator>
		<pubDate>Tue, 16 Oct 2007 18:08:40 +0000</pubDate>
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		<description>Reference is made &quot;New Jersey&#039;s demise as the corporate capital at the beginning of the twentieth century.&quot;  As I recall that history, (then) Governor Woodrow Wilson was responsible for shifting NJ&#039;s corporate framework from an enabling statutory format to a regulatory mode .. AND ... Delaware thereupon seized the opportunity to &quot;fill the chartering vacuum&quot;.  SIC TRANSIT GLORIA MUNDI!

Actually, Delaware enjoys several competitive advantages -- over and above its &quot;user-friendly&quot; DGCL.  

(1) Virtually every lawsuit involving a corporate problem is going to be considered by just one (or more)of the ten judges (in its two-level court system) who, by reason of that fact, have a deep-and-solid working knowledge of the corporate area of the law.  In contrast, when playing Wall Street lawyer I counted almost 600 judges (in New York&#039;s three-level court system) who might bump up against a case involving one or more corporate law issues. 

(2) As a related strength -- and as a consequence -- Delaware has an extraordinary body of corporate case law.  It would take many years for another state to challenge that competitive advantage with a significant body of case law (disregarding the complications posed by a substantial judiciary headcount having, in their many courtrooms, limited corporate litigation exposure).

(3) As a related strength -- and as a consequence -- Delaware&#039;s corporate bar is substantial and knowledgeable.  That bar engages, in an effective way, in both litigation and advisory guidance.  As a consequence, corporate counsel can tap into that resource prior to advising management vis-a-vis pending decisionmaking.   Any corporate counsel considering another state&#039;s chartering enticements would presumably give close attention to local-bar relationships and the availability of so-called &quot;one-armed counsel&quot; (i.e., not given to the classic &quot;on the one hand/other hand&quot; advice).</description>
		<content:encoded><![CDATA[<p>Reference is made &#8220;New Jersey&#8217;s demise as the corporate capital at the beginning of the twentieth century.&#8221;  As I recall that history, (then) Governor Woodrow Wilson was responsible for shifting NJ&#8217;s corporate framework from an enabling statutory format to a regulatory mode .. AND &#8230; Delaware thereupon seized the opportunity to &#8220;fill the chartering vacuum&#8221;.  SIC TRANSIT GLORIA MUNDI!</p>
<p>Actually, Delaware enjoys several competitive advantages &#8212; over and above its &#8220;user-friendly&#8221; DGCL.  </p>
<p>(1) Virtually every lawsuit involving a corporate problem is going to be considered by just one (or more)of the ten judges (in its two-level court system) who, by reason of that fact, have a deep-and-solid working knowledge of the corporate area of the law.  In contrast, when playing Wall Street lawyer I counted almost 600 judges (in New York&#8217;s three-level court system) who might bump up against a case involving one or more corporate law issues. </p>
<p>(2) As a related strength &#8212; and as a consequence &#8212; Delaware has an extraordinary body of corporate case law.  It would take many years for another state to challenge that competitive advantage with a significant body of case law (disregarding the complications posed by a substantial judiciary headcount having, in their many courtrooms, limited corporate litigation exposure).</p>
<p>(3) As a related strength &#8212; and as a consequence &#8212; Delaware&#8217;s corporate bar is substantial and knowledgeable.  That bar engages, in an effective way, in both litigation and advisory guidance.  As a consequence, corporate counsel can tap into that resource prior to advising management vis-a-vis pending decisionmaking.   Any corporate counsel considering another state&#8217;s chartering enticements would presumably give close attention to local-bar relationships and the availability of so-called &#8220;one-armed counsel&#8221; (i.e., not given to the classic &#8220;on the one hand/other hand&#8221; advice).</p>
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