Delaware
Will plan to revamp incorporation law protect or damage Delaware’s $2B kingdom?
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In the parlance of Delaware political and legal insiders, “the franchise” is king.
Without the franchise, the state couldn’t pay for public schools, police, prisons, social and health programs, beach replenishment, farm preservation or so much more.
Without the franchise, taxes would be significantly higher, or the state would need to slash services.
The franchise is Delaware’s system, which currently has 2.2 million businesses — and two-thirds of the Fortune 500 — incorporated in the nation’s second-smallest state. Amazon, JPMorgan Chase, Nvidia and the corporate parents of Google and Facebook and Instagram are among about 1,350 Large Corporate Filers who fork over $250,000 apiece in franchise taxes.
All told, those “incorporation revenues” are projected to directly generate $2 billion for the state treasury this year. That accounts for 29% of the state’s general fund revenue.
But today, fear is rampant in Delaware that the business-friendly franchise that some also call the “golden goose” is in serious danger of being cooked — that a mass corporate exodus or “DExit” is imminent.
Trepidation has grown over the last year since Elon Musk pulled Tesla and SpaceX out of Delaware and castigated the Delaware Chancery Court, which has long been considered the franchise’s crown jewel for its deft and reliable resolution of complicated business disputes.
“Absolute corruption,” Musk tweeted in December after the court’s chief judge rejected his $56 billion pay package from Tesla for the second time. The file-sharing platform Dropbox has announced it’s divorcing from Delaware, and other major companies such as Meta Platforms, the parent of social media giants Facebook and Instagram, say they might do the same.
So this month, new Gov. Matt Meyer, legislative leaders and a cadre of legal luminaries decided to neutralize the perceived threat before it gains ground.
Together, they crafted a complex proposal to revamp Delaware corporate law by essentially making it tougher for shareholders to sue founders and top executives for perceived conflicts.
They did so, Meyer and others involved in the process say, to alleviate concerns they are hearing from the nation’s corporate community that Chancery Court has grown increasingly unfriendly to top execs like Musk in mega-dollar cases.
Meyer, a Democrat and lawyer who took office Jan. 21, echoed other supporters when the bill was introduced Feb. 17. “We will protect our reputation and continue Delaware’s tradition of a balanced and measured approach, and we will do so relentlessly,” Meyer said.
Meyer’s concern is magnified by the impact a DExit would have on balancing the $6.8 billion state budget and maintaining public services during his four-year term, especially at a time when President Donald Trump is trying to cut critical federal funding to states.
Delaware needs and wants those $2 billion in incorporation revenues every year, plus a related $420 million the state gets from abandoned financial accounts at banks and other companies registered in the state, Meyer said.
“When one-third of your state’s budget is on the line and you’re eyeing down untold federal budget cuts, you have to make a choice: protect your residents or not. And I choose Delawareans every day,” Meyer said in an interview last week. “Any bill that helps improve our financial stability needs to be considered fully.”
Lawrence Hamermesh, professor emeritus at Widener University’s Delaware Law School and one of the bill’s drafters, said it will restore eroding confidence in corporate circles and prevent “catastrophic” cuts to the state budget.
“Unlike as long as I’ve been practicing and teaching corporate law, there is no longer the inclination to tell clients and to conclude that Delaware is the place to set up your corporation,” Hamermesh said. “That is potentially the source of a tipping point that would be devastating for the state and its taxpayers and workers and everybody here.”
The bill, which has bipartisan support that includes the Senate and House leadership, could become law within a month, said Delaware Senate Majority Leader Bryan Townsend, the chief sponsor.
While the bill currently has no effective date — spurring speculation that it could be retroactive and change the result of cases involving Musk and other executives — state Sen. Townsend said it’s being modified so the effective date would be after it’s signed into law.
Delaware
Police identify victim of Wilmington motorcycle crash
What to do if you come across a serious car accident
Here is some information about what to do if you come across a serious car accident.
State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.
Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.
Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.
Delaware
When will Delaware warm up? After snow, ice Tuesday, temps will rise
Ever seen a spring peeper peep?
A spring peeper singing in the Millsboro area.
Meteorological winter has ended and we’ve entered spring.
However, there’s still a last winter blast hitting Delaware early this week before a spring warm up hits at the end of the week.
Here’s a look at the Delaware forecast.
Will Delaware see more snow?
After a brisk Monday, March 2 with sunny skies and highs only reaching 35 degrees, there’s a chance of snow after 1 a.m. Tuesday, March 3 with freezing rain after 4 a.m. in New Castle County. Snow and freezing rain are expected before noon Tuesday, March 3. The county may receive less than a half inch of accumulation.
In Kent County and Sussex County, there’s a chance of snow and freezing rain after 1 a.m. Tuesday, March 3.
When will it warm up in Delaware?
It will start feeling like spring as warmer air moves into the First State on Tuesday evening, March 3, but wet weather is coming as well.
Rain is predicted from Tuesday, March 3 through Friday, March 5, but spring-like temperatures will make it bearable. In New Castle County temperatures will range from the mid-50s on Wednesday, March 3 to the 60s on Thursday, March 4 and Friday, March 5. Kent County should see temperatures in the 60s and Sussex County will see 70s during the mid- to later part of the week
What’s the weekend forecast?
Remember when you were daydreaming about warm weather during the polar vortex or blizzard? Well, it is coming next weekend.
The forecast is calling for sunny to partly sunny skies throughout Delaware on Saturday, March 7 and Sunday, March 8. Highs will reach the upper 60s in the north to the low 70s in the south.
Delaware
Law enforcement increases security across Delaware Valley after U.S. strikes on Iran
PHILADELPHIA – Law enforcement agencies across the Delaware Valley are boosting security at religious and cultural sites following U.S.-Israeli strikes against Iran, even as officials say there is no credible threat to the area.
The Department of Homeland Security also issued an alert after Operation Epic Fury, warning agencies to remain vigilant for suspicious activity despite assessing that a large-scale attack on U.S. soil is unlikely.
Hours after the strikes, protesters gathered in cities nationwide. In Phoenixville, dozens rallied Saturday afternoon, calling the military action “senseless.”
“Stop the war. People are suffering in this country with food prices, rent, healthcare, money for the people’s needs here,” said Curry Malott, a West Chester University associate professor of educational foundations and policy studies.
President Donald Trump has said the joint operation would eliminate Iran’s nuclear and military programs and change the regime. Some demonstrators criticized the president’s decision.
“Trump has broken his campaign promises with no new wars, and here he is going into another,” said Kyle Horstmann of Phoenixville.
Republican Congressman Brian Fitzpatrick said in a statement that Iran poses a grave threat, adding, “Iran and its proxies are responsible for countless deaths of Americans and our partners. That record is long, deliberate, and undeniable-and it cannot be ignored.” He adds sustained military engagement should be done with consent of Congress.
Democratic leaders, including Senator Andy Kim, argued the president failed to seek congressional approval for the strikes.
“I have zero confidence in this president who has so flagrantly violated our constitution,” Kim said. He called for Congress to immediately reconvene to vote on a war powers resolution.
“I hope there can be unanimity that when it comes to strikes of this magnitude, when American service members lives are at risk, what greater responsibility do we have in Congress than to look out for our service members and the national security of our country?” he said.
The Homeland Security alert also warned of potential low-level cyberattacks targeting U.S. networks, adding another layer of concern for authorities monitoring threats at home.
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