EPISODE · Apr 9, 2026 · 13 MIN
Report: Could corporate America leave Delaware behind?
from #LegalBytes: The Official Podcast of Cummings & Cummings Law · host Cummings & Cummings Law
In this presentation, attorney and CPA Chad D. Cummings explains why Delaware is losing its long-held dominance as the preferred state for corporate incorporation. Once chosen for the predictability of its Court of Chancery and the business judgment rule, Delaware’s legal environment has become increasingly unpredictable, as highlighted by the high-profile Tornetta v. Musk ruling and growing concerns from corporate leaders and small business advocates. Major companies are now reincorporating in Texas and Florida, where specialized business courts, stronger protections against speculative litigation, and favorable tax structures offer greater certainty and lower costs. Chad breaks down the real risks of staying in Delaware—including rising litigation, higher D&O insurance premiums, and unnecessary dual-state compliance burdens—and shows why redomestication is the easiest and most tax-efficient way to move your existing LLC or corporation out of Delaware without dissolving the company, without forming a new entity, without losing your FEIN, and without triggering federal taxes. If your company is still incorporated in Delaware but operating elsewhere, this presentation reveals why the old advice no longer makes sense and how to take advantage of better options available today. Learn more: https://www.cummings.law/redomestication/
What this episode covers
In this presentation, attorney and CPA Chad D. Cummings explains why Delaware is losing its long-held dominance as the preferred state for corporate incorporation. Once chosen for the predictability of its Court of Chancery and the business judgment rule, Delaware’s legal environment has become increasingly unpredictable, as highlighted by the high-profile Tornetta v. Musk ruling and growing concerns from corporate leaders and small business advocates. Major companies are now reincorporating in Texas and Florida, where specialized business courts, stronger protections against speculative litigation, and favorable tax structures offer greater certainty and lower costs. Chad breaks down the real risks of staying in Delaware—including rising litigation, higher D&O insurance premiums, and unnecessary dual-state compliance burdens—and shows why redomestication is the easiest and most tax-efficient way to move your existing LLC or corporation out of Delaware without dissolving the company, without forming a new entity, without losing your FEIN, and without triggering federal taxes. If your company is still incorporated in Delaware but operating elsewhere, this presentation reveals why the old advice no longer makes sense and how to take advantage of better options available today. Learn more: https://www.cummings.law/redomestication/
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Report: Could corporate America leave Delaware behind?
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