The Underappreciated Importance of Personal Jurisdiction in Delaware's Success

Delaware has long been the center of stockholder litigation and the leader in pseudo-domestic incorporations. However, it has been suggested that in the future another state, most likely Nevada, could challenge Delaware’s prominence as the home of some kinds of pseudo-domestic corporations; this would be detrimental to Delaware’s judiciary and economy. The author argues that Delaware’s director consent statute is unconstitutional and proposes that Delaware should adopt a new amenability statute. In the interest of continuing to be the country’s center for stockholder litigation, the author outlines several steps the state could take to ensure litigation remains in Delaware.