Thirty Years Later – Why Corporations Continue to Choose Delaware: General Perspectives and Thoughts on 2025 DGCL Amendments

Morris Nichols attorneys Eric Klinger-Wilensky, John DiTomo, and Kyle Pinder recently authored an article in The Corporate Governance Advisor, published by Wolters Kluwer, examining Delaware’s continued prominence as the leading jurisdiction for corporate incorporation. Their piece focuses on the 2025 amendments to the Delaware General Corporation Law (DGCL), which address developments in conflict transactions, controlling stockholder liability, and stockholder inspection rights.

The authors highlight how these updates reflect Delaware’s long-standing commitment to a balanced and responsive corporate law framework.

“Like all things, from time to time a rebalancing is helpful. The Balancing Amendments, in the best tradition of Delaware law, reflect just such a rebalancing. We look forward to Delaware, as [retired Morris Nichols attorney Lew Black] predicted in 1995, continuing to enjoy its preeminent position well into the twenty-first century.”

Read the full article here.

Reproduced with permission. Published July 2025. These materials have been prepared solely for informational and educational purposes, do not create an attorney-client relationship with the author(s) or Morris, Nichols, Arsht & Tunnell LLP, and should not be used as a substitute for legal counseling in specific situations. These materials reflect only the personal views of the author(s) and are not necessarily the views of Morris, Nichols, Arsht & Tunnell LLP or its clients.