Photo of Benjamin P. Edwards

Benjamin Edwards joined the faculty of the William S. Boyd School of Law in 2017. He researches and writes about business and securities law, corporate governance, arbitration, and consumer protection.

Prior to teaching, Professor Edwards practiced as a securities litigator in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP. At Skadden, he represented clients in complex civil litigation, including securities class actions arising out of the Madoff Ponzi scheme and litigation arising out of the 2008 financial crisis. Read More

When considering differences between jurisdictions, it can be hard to appreciate when these differences will matter.  To help showcase contrasts between jurisdictions, I’ve decided to launch a comparative series taking decisions from one jurisdiction and considering whether a court would come out differently when applying another state’s law. 

As Delaware has the most public companies and its courts issue the most widely discussed decisions, I’m launching this series with a recent Chancery decision, Fishel v. Liberty Media

Notably, this transaction occurred and the litigation was filed before Delaware passed SB21. If the same facts were to recur in Delaware today, the outcome might differ.

Structure – Review Panel

To make this interesting and provide independent views on how the case might come out under Nevada or Texas law, I’ve given the decision to different practicing lawyers and law professors.  I’ve asked them to independently review the decision and give a brief explanation for how they think the decision would come out under their state’s law. 

To make the lift easy, I also provided them with an early draft of this post and my quick factual summary of the decision.  This also saves time as they don’t need to introduce

We now have another five since the last update. One smaller company came to Nevada from Australia–Nova Minerals. Then four different Texas firms coordinated their defections from Delaware. All announced at the same time: Energy Transfer LP, Sunoco LP, SunocoCorp LLC, and USA Compression Partners. Collectively, these firms moved $89 billion in equity from Delaware to Texas. Notably, none of these four firms are organized as corporations.

Company NamePrincipal Executive OfficeOrigination StateDestination State
1. TruGolfUtahDelawareNevada
2. Forian, Inc.PennsylvaniaDelawareMaryland
3. LQR HouseFloridaNevadaDelaware
4. CBAK EnergyChinaNevadaCayman Islands
5. Cheetah NetChinaNorth CarolinaDelaware
6. GalectoMassachusettsDelawareCayman Islands
7. Resolute Holdings Management, Inc.New YorkDelawareNevada
8. Forward Industries, INCTexasNew YorkTexas
9. EQV Ventures AcquisitionUtahCayman IslandsDelaware
10. Datadog, Inc.New YorkDelawareNevada
11. Haymaker Acquisition Corp 4OklahomaCayman IslandsDelaware
12. CDT EquityFloridaDelawareCayman Islands
13. eXp World HoldingsTexasDelawareTexas
14. ArcBest CorpArkansasDelawareTexas
15. Texas Capital BancsharesTexasDelawareTexas
16. ExxonMobil Corp.TexasNew JerseyTexas
17. NL IndustriesTexasNew JerseyDelaware
18. ClearOne Inc

As I mentioned in an earlier post, Nevada is launching a pilot program to consolidate business court cases before judges dedicated to adjudicating business court cases. This is the Administrative Order creating the pilot program.

The pilot offers a chance to generate data for the next legislative session and to see how many judges will be necessary to carry Nevada’s caseload. This reorganization functionally creates a dedicated business court by dedicating two judges to handle business court matters exclusively. (Fully shifting to an appointed and dedicated system will require a constitutional amendment to pass the next legislative session and a public referendum.)

The Order provides than to “pilot a new Business Court model, Judge Maria Gall (Dept. 9), and Judge Joe Hardy (Dept. 15), will be designated full Business Court Judges.”

Business Court cases assigned to most other judicial Departments “shall be evenly and randomly reassigned to Departments 9 and 15.” The Business Court Cases currently with Department 13, Judge Denton, will remain with Department 13. The non-Business Court cases that were being handled by Departments 9 and 15 are also being reassigned. The changes will exclusively dedicate Judges Gall and Hardy to Business Court matters.

Consolidating Business

We’re past the bulk of proxy announcements and waiting on votes to come in at this point. I expect we’ll continue to see some action this year, but I don’t expect the pace to be as rapid.

For context, I looked back at roughly around this time last year. At that point, I was only tracking movement to Nevada and had 17 announcements. By the end of the year, it was up to 28 announcements of some kind or another for Nevada. I had 8 for Texas. That came to roughly 36 overall for Texas and Nevada.

This list has not changed substantially from last week, but we’re at 29 announcements between Texas and Nevada for this year already. On this update, we only have a few more now since the last list about two weeks ago. It’s two more that I didn’t have on my list: Granite Ridge and DeFi Development Corp. This is the updated sheet for folks that want to see the full set.

Company NameStock TickerOrigination StateDestination State
1. TruGolfTRUGDelawareNevada
2. Forian, Inc.FORADelawareMaryland
3. LQR HouseYHCNevadaDelaware
4. CBAK EnergyCBATNevadaCayman

The pace of announcements has slowed a bit since the last update. My list now has 36 entries, five more since the last update. We have also had some significant vote results come in.

Company NameStock TickerOrigination StateDestination State
1. TruGolfTRUGDelawareNevada
2. Forian, Inc.FORADelawareMaryland
3. LQR HouseYHCNevadaDelaware
4. CBAK EnergyCBATNevadaCayman Islands
5. Cheetah NetCTNTNorth CarolinaDelaware
6. GalectoGLTODelawareCayman Islands
7. Resolute Holdings Management, Inc.RHLDDelawareNevada
8. Forward Industries, INCFWDINew YorkTexas
9. EQV Ventures AcquisitionFTWCayman IslandsDelaware
10. Datadog, Inc.DDOGDelawareNevada
11. Haymaker Acquisition Corp 4HYACCayman IslandsDelaware
12. CDT EquityCDTDelawareCayman Islands
13. eXp World HoldingsEXPIDelawareTexas
14. ArcBest CorpARCBDelawareTexas
15. Texas Capital BancsharesTCBIDelawareTexas
16. ExxonMobil Corp.XOMNew JerseyTexas
17. NL IndustriesNLNew JerseyDelaware
18. ClearOne IncCLRODelawareNevada
19. Liberty Media CorporationFWONA, FWONB, FWONKDelawareNevada
20. The LGL Group, Inc.LGLDelawareNevada
21. TTEC Holdings, Inc.TTECDelawareTexas
22. Weatherford International plcWFRDIrelandTexas
23. Dream Finder


Submissions are now open for the 2026-27 series of the online Law & Finance Workshop. Submissions are due by the end of the day on Friday, July 3, 2026.

The Law & Finance Workshop was launched in Spring 2025 to create a space for more frequent discussion of scholarly works-in-progress in the field of law and finance, and to foster community among scholars working in this area. The workshop meets online once per month during the fall and spring semesters and is open to all interested scholars. Each workshop features a paper presentation followed by comments from a discussant and Q&A with participants. 

We welcome submissions from scholars across all relevant disciplines that examine the role of law and regulation in finance broadly defined, including household finance, corporate finance, and public finance. Interested scholars should submit their abstracts using this form no later than EOD onFriday, July 3, 2026. Selected authors must be ready to make complete drafts of their papers available for distribution one week prior to the scheduled date of the workshop.  

We look forward to seeing you in the fall.

Nikita Aggarwal, Caroline Bradley, & George Georgiev (organizing committee)

Institutional investors today have to think more about differences between jurisdictions to decide whether to vote in favor of proposals to move from one jurisdiction to another. The Council of Institutional Investors has been working to get up to speed on these issues and recently posted a chart and featured it on the Harvard Law School Forum on Corporate Governance. I gave some comments on an early version of the chart and know that they’re working in good faith to help investors understand the differences. I’m also a big fan of their podcast, the Voice of Corporate Governance which often has thoughtful takes and engagement.

The chart notes that although they “exercised due care in preparing this report, it does not guarantee the accuracy of the information.” It also asks readers to report errors or suggest additional features for comparison by emailing them. These charts will always be works in progress, continually updated as jurisdictions change over time.

Now that I’ve seen the final version, I’ve got some notes on it. Some of this draws from notes I sent earlier in the process and some of it is what I think people need to know now after looking at

Now that we’re in proxy season, here is an update about the current shifts with some updates as things have changed a bit from a few weeks ago. We have another six companies announcing moves or attempts to move as well as a few vote results. This is the current list.

Company NameStock TickerOrigination StateDestination State
1. TruGolfTRUGDelawareNevada
2. Forian, Inc.FORADelawareMaryland
3. LQR HouseYHCNevadaDelaware
4. CBAK EnergyCBATNevadaCayman Islands
5. Cheetah NetCTNTNorth CarolinaDelaware
6. GalectoGLTODelawareCayman Islands
7. Resolute Holdings Management, Inc.RHLDDelawareNevada
8. Forward Industries, INCFWDINew YorkTexas
9. EQV Ventures AcquisitionFTWCayman IslandsDelaware
10. Datadog, Inc.DDOGDelawareNevada
11. Haymaker Acquisition Corp 4HYACCayman IslandsDelaware
12. CDT EquityCDTDelawareCayman Islands
13. eXp World HoldingsEXPIDelawareTexas
14. ArcBest CorpARCBDelawareTexas
15. Texas Capital BancsharesTCBIDelawareTexas
16. ExxonMobil Corp.XOMNew JerseyTexas
17. NL IndustriesNLNew JerseyDelaware
18. ClearOne IncCLRODelawareNevada
19. Liberty Media CorporationFWONA, FWONB, FWONKDelawareNevada
20. The LGL Group, Inc.LGLDelawareNevada