By Andrew M. Lubin, President of Delaware Financial Group In response to legitimate concerns from the national business and legal community, leaders of the Delaware General Assembly introduced bipartisan legislation that restores the balance between fairness and efficiency that has enabled Delaware to claim its role as the preeminent jurisdiction for incorporation.  The Senate voted 20 to 0 in favor of the legislation, which was then sent to the House Judiciary Committee, from which it emerged with a vote of 9 to 2 in favor.  The Governor’s office has indicated its strong desire to enact the legislation. The state’s legal and business community has rallied around the legislation, which reflects the input from Delaware’s Corporation Law Council, a body composed of prominent Delaware corporate attorneys with a wide range of experience that is advocating for its passage.  The Corporation Law Section of the Delaware bar endorsed the legislation by a 74% margin.  Several former Delaware judges have publicly spoken in favor of the legislation, citing the need for clarity and predictability in the core areas of Delaware corporate law over which they have collectively spent decades presiding.  Delaware-based law firms that have practiced in the state for decades (and in some cases more than a century) and that collectively employ more than 1350 employees in Delaware have been unwavering in their support of the legislation.  These firms, whose interests are uniquely aligned with the state, are actively promoting its passage as a means of burnishing Delaware’s global reputation in the broader corporate system. Delaware’s trade groups also recognize how critical the legislation is to maintaining Delaware’s corporate franchise.  Non-profit organizations, including the Delaware Volunteer Firefighters’ Association, Christiana Care, the Delaware Healthcare Association, and the Delaware Alliance for Nonprofit Advancement, stand alongside thousands of Delaware businesses and trade groups.  These include the Delaware State Chamber of Commerce, the Delaware Business Roundtable, the New Castle County Chamber of Commerce, the Rehoboth-Dewey Chamber of Commerce, the Central Delaware Chamber of Commerce, the Kent Sussex Leadership Alliance, the Homebuilders Association of Delaware, the Delaware Hotel & Lodging Association, and the Delaware Restaurant Association.  All have voiced their support. Why, then, is the legislation being characterized, in paid-for advertisements, in op-ed pieces, and in some media coverage, as “controversial”?  The answer is simple: a small but well-funded alliance of stockholder plaintiffs’ lawyers in the corporate bar view the legislation as a threat to the massive contingency fees they seek to collect, whether in the form of judgments or settlement payments, whenever they sue Delaware corporations or their directors and officers.  The yard signs and mass mailings decrying “SB 21” are not evidence of widespread opposition to the legislation.  Rather, they reflect the profligate spending of well-healed stockholder plaintiffs’ lawyers on an astroturf political campaign. The corporate plaintiffs’ firms that have voiced opposition to the legislation do not have Delaware’s best interest at heart.  Indeed, most of the lawyers who work at these firms reside out of state.  Collectively, they employ fewer than 70 lawyers in Delaware.  To the extent they have offices in Delaware (many do not), they were in most cases opened only very recently—within the last five to ten years—and are merely outposts of much larger offices in New York and other cities, where the real decisions are made and where the lucrative settlement payments and fee awards are principally funneled.  That these firms, in coordinating their opposition to the legislation, are using an expensive lobbyist from Washington, D.C. demonstrates their lack of ties to Delaware. Nevertheless, by wielding a massive (and massively expensive) campaign to mischaracterize the legislation and the intent of the drafters, these firms have tried to spin the legislation as “controversial,” creating the false impression that the legislation faces widespread opposition.  Why?  Because they believe the legislation threatens the massive fees they’ve been able to extract at the expense of the stockholders they purport to represent.  In the past five years alone, “stockholder” plaintiffs’ firms have received fee awards exceeding $1 billion.  Most of the firms that have received these fees have less than ten lawyers in Delaware.  These are the primary opponents to SB 21.  Why are these firms misbranding the common-sense corporate legislation widely supported by Delaware law firms and businesses as a “billionaire’s bill”?  To protect their own fees.  As the expression goes, that’s quite rich indeed. These plaintiffs’ firms will feverishly resist any reforms to Delaware law that jeopardize their eye-popping fees, even if doing so risks a mass exodus of corporations from Delaware.  Why?  Because they don’t need to be in Delaware.  If corporations reincorporated, en masse, to other jurisdictions, the plaintiffs’ firms would follow them.  Again, most of the attorneys at these firms aren’t currently in Delaware to begin with. In short, lawyers and businesses who actually live and operate in Delaware have an interest in ensuring that the state remains strong and prosperous.  And these Delaware firms and businesses overwhelmingly support the legislation, precisely because it is balanced and essential for a strong and prosperous state.   Andrew M. Lubin, President of Delaware Financial Group and 25-year member of the Delaware Economic and Financial Advisory Council (DEFAC).   About The Sponsor The Alliance to Protect Delaware’s Future is a coalition of Delaware organizations that represent a diverse cross section of industries and sectors that see the need to advocate for sensible policies that put hardworking Delawareans first, enhance our quality of life, and strengthen our economy.  SB 21 is one such policy, that will ensure that Delaware remains the best place in the nation to incorporate and will protect critical funding for our schools, healthcare, public safety, and more.  

Six collegiate composers will take center stage at Winterthur Museum, Garden & Library on Sunday, March 23, as they compete in the final round of the inaugural Ruth Wales Du Pont Collegiate Composition Competition. The event, hosted in partnership with Winterthur and The American Pops Orchestra (APO), will feature original classical and popular compositions performed live by a professional orchestra. READ: Annual spring mosquito control campaign to combat mosquitoes begins The six finalists, selected from hundreds of national submissions, will each debut their work, inspired by a unique artifact from Winterthur’s renowned collection. The compositions will be performed in front of an audience at Winterthur’s Copeland Hall in Wilmington, Delaware, with attendees able to participate either in person or via livestream. The finalists represent a diverse array of talented young composers, showcasing both popular and classical music. The chosen competitors are: Popular Composers – Tomás Jonsonn, Peabody Institute – Oliviana Marie, University of Southern California – Liz Townsend, University of North Texas Classical Composers – Lily Gallihue, University of Maryland – Josíah Garza, Peabody Institute – Robbie Strauss, University of Delaware Each finalist will compete for cash prizes and the opportunity to have their work performed in front of a live audience. The Ruth Wales Du Pont Collegiate Composition Competition offers a platform for emerging composers to showcase their talent, while celebrating the connection between music and the rich history of Winterthur’s collections. The American Pops Orchestra, founded in 2015 by Music Director Luke Frazier, is known for blending popular and classical genres in innovative ways. The orchestra aims to build community through music, engaging diverse audiences both in person and virtually. In 2023, APO was named an official Arts Envoy of the U.S. State Department, further solidifying its mission to make high-quality art accessible to all. The event is sure to be an exciting culmination of the competition, offering a glimpse into the future of classical and popular music.

The Delaware Department of Natural Resources and Environmental Control (DNREC) is set to begin its annual spring mosquito control campaign next week, aiming to reduce the emergence of mosquitoes in the state. Starting as early as Tuesday, March 18, DNREC’s Mosquito Control Section will begin spraying woodland pools to target aquatic mosquito larvae before they develop into adult mosquitoes later in the spring. The campaign will begin in southern Sussex County and expand across Kent and New Castle counties over the coming weeks, depending on weather conditions. The early-season spraying targets larvae in woodland pools, a common breeding ground for mosquitoes, which helps prevent the emergence of adult mosquitoes in the area, typically seen in early May. DNREC plans to treat up to 10,000 acres of wet woodlands, especially near populated areas. READ: 500+ educators gather Friday for 3rd annual Charter Conference However, due to ongoing drought conditions across Delaware, the amount of water in these woodlands is significantly lower than usual. Despite the reduced water levels, the Mosquito Control Section will continue its efforts using a helicopter to apply Bti (Bacillus thuringiensis israelensis), a bacteria-derived insecticide known for its effectiveness in controlling mosquito larvae. The U.S. Environmental Protection Agency (EPA) has approved Bti for use in mosquito control, deeming it safe for humans, wildlife, and the environment when applied as directed. This campaign marks the start of Delaware’s mosquito control season, which typically extends until late October or early November. As the season progresses, efforts will shift to controlling other mosquito species, including saltmarsh mosquitoes and container-breeding mosquitoes found in urban and suburban areas. These efforts are vital in reducing mosquito populations and safeguarding public health, particularly as mosquitoes are known to carry diseases like West Nile virus and Eastern Equine Encephalitis. Residents can stay informed about scheduled mosquito spraying by calling DNREC’s toll-free line at 800-338-8181. Additionally, the public can subscribe to the Mosquito Control Spray Zone Notification System for updates via email, text, or voicemail at de.gov/mosquitospray.

First Staters with a green thumb aren’t going to want to miss this deal. The Delaware Department of Natural Resources and Environmental Control (DNREC) is helping residents reduce waste while enhancing their gardens through a special online sale of compost bins, rain barrels, and other conservation accessories. Delaware residents can browse the available products and place orders online at delaware.compostersale.com now through Thursday, April 3. Click here to shop. Discounts include one kit listed at $59.95 down from $100, and a 55-gallon barrel at $65.95 down from $145. The initiative, aimed at promoting composting, comes as a way to encourage Delawareans to recycle food scraps and yard waste, keeping it out of landfills while creating nutrient-rich soil for gardening. “Composting is a great way to reduce landfill waste, and it’s a simple way to create your own organic soil for your garden without having to purchase chemical fertilizers or bagged soil,” said Tim Ratsep, director of DNREC’s Division of Waste and Hazardous Substances. “This is a timely opportunity for residents to invest in a composter and make a meaningful environmental impact.” READ: Celebrate the state’s 76 governors with new online exhibit Thanks to bulk purchasing, DNREC is offering a wide range of composting bins, rain barrels, and conservation accessories at discounted prices. The sale is being managed by BrandBuilders, a contracted vendor for the state. Compost bin pickups For those who take advantage of the sale, product pickups are scheduled for Saturday, April 5, at three locations across the state: New Castle County: DNREC Lukens Building –  391 Lukens Drive in New Castle (2 p.m. to 3:30 p.m.) Kent County: Richardson and Robbins Building – Back Lot, 89 Kings Highway in Dover (11 a.m. to 12:30 p.m.) Sussex County: Sussex Central High School – 26026 Patriots Way in Georgetown (8 a.m. to 9:30 a.m.) In addition, DNREC offers a Backyard Composting Guide available online with simple instructions and tips for success, as well as more details about the benefits of composting here. This initiative is part of DNREC’s ongoing efforts to promote sustainability, reduce waste, and help Delawareans take part in environmental conservation.