I began writing about Nevada Corporate Law more than three decades ago with an article entitled "The Nevada Corporation: Is It A Good Bet?". 14 CEB California Business Law Reporter 259 (1992). In the ensuing decades, I have published several more articles, numerous blog posts, and treatises on Nevada corporate law under three different publishers . Recently, the Delaware versus Nevada debate has been heating up as a result of recent decisions by the Court of Chancery and the proposed reincorporation of TripAdvisor, Inc.
Recently, Professor Anat Alon-Beck has entered the debate with an article entitled "Delaware Beware". Professor Alon-Beck addresses the debate by looking at the incorporation decisions of "unicorns", start-ups that have raised substantial capital without public offerings. This is significant because much of the current analysis and comment has focused on decisions by publicly traded Delaware corporations to reincorporate in Nevada and Texas.
Despite the article's title, Professor Alon-Beck is not particularly concerned about Delaware's future:
This Article further rejects the “extreme claim” that state competition has resulted in a race to the bottom. In fact, I find firm managers who can choose between laws that favor managers but reduce overall value or laws that disfavor managers but increase overall value will choose the former [sic] because they want to raise capital from investors. That is why, for example, states like Nevada are not going to take Delaware’s place; instead Nevada should be looked at as a market for lemons. The real threat to Delaware perhaps comes from the federal government, in the form of intervention via new corporate governance mandates.
(footnote omitted).
Some of my Nevada publications:
Treatises
Nevada Corporation Law & Practice (Prentice-Hall 1993)
Nevada Law of Corporations & Business Organizations (Aspen 1997)
Nevada Corporations & Limited Liability Companies (Lionel, Sawyer & Collins 2013 (Jeffrey P. Zucker, co-author)
Articles
The War Between the States - Delaware's Supreme Court Ignores California's Corporate Outreach Statute, 19 Insights 19 (July 2005)
Nevada Adopts Significant Changes to its Corporate Law, 15 Insights 24 (Oct. 2001)
Battle for Control of ITT Corporation Spotlights Nevada (and Delaware) Corporate Law: Did Nevada Law get Stockholders a Better Deal? 12 Insights 15 (Jan. 1998)
Nevada Packages a Complete Set of Anti-Takeover Statutes, LXVI Corporation 1 (1995)
Comparing California, Delaware & Nevada Corporate Laws in Light of California Corporations Code Section 2115, Business Law News (Fall 1994) (co-author)
Getting Out: The Nevada Corporation: Is it a Good Bet? Orange County Lawyer 24 (April 1993)
The Delaware of the West: Does Nevada Offer Better Treatment for Directors? 7 Insights 20 (Mar. 1993)
The Nevada Corporation: Is it a Good Bet? 14 CEB Cal. Bus. Law. Rptr. 79 (1992)