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Why Delaware? I'm like, I grok it's a fan favorite and all for various reasons, but for those who aren't savvy about it, why Delaware? (And ideally: why not Del
by ddebernardy 8y ago
Why Delaware? I'm like, I grok it's a fan favorite and all for various reasons, but for those who aren't savvy about it, why Delaware? (And ideally: why not Delaware? Given that the gist of the criticism about it is that it hugely favors the investors over the founders and the employees.)
- erichurkman 8y agoDelaware Court of Chancery is like a standards body for anything else: it's a set of well known, public rules. Every major law firm has extensive experience in it. Every major investor's law firm has extensive experience in it. It doesn't use juries, it uses judges. Cases can move very quickly. The Chancery is well-funded, and the judges have deep experience in corporate law.
- dkoston 8y agoTo follow on to eric's comment, there are two major aspects of the law: - what is written as law - how courts rule The most important aspect is "how courts rule". This is because law is open to interpretation by those ruling on it. The main upside of using judges instead of juries is that precedent is real. In a jury trial, you are relying on a random group of people to choose the outcome. In a trial ruled by a judge, you can reasonably expect that judge to rule in a similar fashion as they have on similar cases or based on precedent of previous cases. Having a more predictable outcome that eliminates the "wild card" aspect of juries allows your representation to give you better legal advice as they can study how the courts have ruled in the past and give advice that will likely put you on the correct side of the law.
- notyourday 8y agoDelaware Court of Chancery, tons of precedent in corporate case law