Delaware

Delaware is the first US-state, and was admitted for statehood on December 7, 1878. The state is among the smallest both by population and land-area mass, and it is divided into only three counties. The capital city, Dover is the second most populous in the state, falling behind Wilmington.

The state government of Delaware was put in place by the fourth and current constitution of the state which was adopted in 1897.  This document divided the government of the state into three branches: executive, judicial and legislative branches.

The Executive branch consists of the Governor and the Lieutenant Governor.  The Legislative Branch is the Delaware General Assembly, with a 41 seat House of Representatives and a Senate with 21 seats.  The assembly is based in Dover, with two-year terms and four-year terms, respectively.  A considerable power of the Assembly is to approve nominees appointed by the governor, and the governor gives a “state of the state” speech to the assembly each year.

The Judicial Branch consists of seven courts.  The Delaware Supreme Court is the state’s highest court, the Delaware Superior court handles trial cases of general jurisdiction and the Delaware Court of Common pleas has a limited jurisdiction of some civil and criminal matters.  The Family Court handles domestic and custody matters, and the Justice of the Peace Courts and Aldermen's Courts handle minor matters.  Additionally, the  the Third Circuit Court of Appeals has jurisdiction over Delaware.

The Delaware Court of Chancery is one of the few remaining chancery courts in the country, and it handles corporate disputes related to mergers & acquisitions, stockholder disputes, and board of directors and corporate officers.  This court uses the  Delaware General Corporation Law to inform its decisions, creating a business friendly environment for corporations. Many companies, including 60% of the companies traded on the New York Stock Exchange, are incorporated in Delaware. 

In addition to a diverse number of cases which go through the Court of Chancery, The National Law Review covers several other legal cases and disputes in the state. Tax matters, shareholder actions, bankruptcy disputes, litigation and appeals. Cases including online-driven ‘blockchain’ technologies, unclaimed property disputes, compensation history and employment law matters, and general information about administrative agencies and the government are all found on The National Law Review’s website.

Date Title Organization
22
Feb
What Are The Damages? Allen Matkins Leck Gamble Mallory & Natsis LLP
21
Feb
Vice Chancellor Laster Rules That It Is "Reasonably Conceivable" That Nevada Provides Greater Protection Against Fiduciary Liability Than Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
16
Feb
Delaware Supreme Court Enforces Forfeiture for Competition Provision in Partnership Agreement Sheppard, Mullin, Richter & Hampton LLP
7
Feb
Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement Jackson Lewis P.C.
1
Feb
Free to Forfeit: Delaware High Court Holds Employee Choice Is Proper Lens for Evaluating Forfeiture-for-Competition Provisions in Partnership Agreements Epstein Becker & Green, P.C.
1
Feb
Options Cancelled. Lessons from Tesla's Pay Package Dispute Mintz
1
Feb
Energy & Sustainability Litigation Updates — February 2024 Mintz
31
Jan
Delaware Supreme Court Validates Forfeiture-For-Competition Provision in Unanimous Reversal of Chancery Court Proskauer Rose LLP
29
Jan
Fast Forward to 2024: Latest Developments in Broadband Projects and BEAD Funding Squire Patton Boggs (US) LLP
26
Jan
CFPB and Attorneys General Sue Debt-Relief Enterprise Sheppard, Mullin, Richter & Hampton LLP
25
Jan
Staying Afloat in an Uncertain Economic World: Hope for the Best, Prepare for the Worst Private Credit Restructuring Year in Review Proskauer Rose LLP
25
Jan
Are Current Minutes More Important than Past Minutes? Jones Walker LLP
25
Jan
Delaware Court Significantly Limits the State of Delaware's Climate Change Lawsuit Against Major Fossil Fuel Companies Mintz
24
Jan
Is The General Counsel Ipso Facto a Corporate Officer? Allen Matkins Leck Gamble Mallory & Natsis LLP
22
Jan
Segway Segues Over Choice of Law Question Inherent in Officer Caremark Claims Allen Matkins Leck Gamble Mallory & Natsis LLP
9
Jan
The Comprehensive Privacy Law Deluge: Record-Keeping and Related Requirements Sheppard, Mullin, Richter & Hampton LLP
9
Jan
Current Status of US State Privacy Law Deluge: It’s 2024, Do You Know Where Your Privacy Program’s At? Sheppard, Mullin, Richter & Hampton LLP
9
Jan
Year-End 2023 Delaware Corporate and M&A Law Update Greenberg Traurig, LLP
4
Jan
Understanding How the Corporate Transparency Act Will Apply to the Delaware Statutory Trust Structure Polsinelli PC
3
Jan
DCGL Amendment May Breathe New Life Into Zombie Companies Polsinelli PC
2
Jan
US State Law Roundup – 2023 Year-end Update Squire Patton Boggs (US) LLP
27
Dec
The Delaware Court of Chancery Confirms that Duty of Oversight Claims Against Corporate Officers Are Subject to the Same High Pleading Standards Applicable to Duty of Oversight Claims Against Corporate Directors Sheppard, Mullin, Richter & Hampton LLP
20
Dec
Private Credit Restructuring Trends: New Delaware Law Aids Secured Creditors in Getting Deals Done Out of Court Proskauer Rose LLP
20
Dec
State Tax vs. Local Tax – Is there a Difference? Blank Rome LLP
18
Dec
Sundering Noncompetes from the Internal Affairs Doctrine Allen Matkins Leck Gamble Mallory & Natsis LLP
16
Dec
Duty to Advance Defense Expenses Should Mean What It Says Under D&O Policies Barnes & Thornburg LLP
15
Dec
Delaware Chancery Court Holds that High Standard for Oversight Liability Applies to Corporate Officers Proskauer Rose LLP
14
Dec
End of Year Consideration: Withholding Requirements Under New Jersey’s New Convenience of the Employer Rule Hunton Andrews Kurth
11
Dec
State and Local Hourly Minimum Wage Rate Increases are “Coming to Town” on January 1, 2024 Polsinelli PC
8
Dec
CFPB Settles Claims Against Operator of Training Program for Activities Arising out of Income Share Agreements Sheppard, Mullin, Richter & Hampton LLP
28
Nov
The New Year Brings New Leave Laws Jackson Lewis P.C.
16
Nov
California Says Corporations And LLCs Can't Be Directors; The Securities Exchange Act Apparently Believes Otherwise Allen Matkins Leck Gamble Mallory & Natsis LLP
13
Nov
Delaware Becomes 12th US State to Enact Comprehensive Data Privacy Law Womble Bond Dickinson (US) LLP
13
Nov
PFAS State AG Lawsuits Update: Delaware Enters the Fray CMBG3 Law
6
Nov
Weekly Bankruptcy Alert November 6, 2023 (For the week ending November 5, 2023) Pierce Atwood LLP
1
Nov
Weekly Bankruptcy Alert November 1, 2023 (For the week ending October 29, 2023) Pierce Atwood LLP
1
Nov
May Directors Vote By Proxy? Allen Matkins Leck Gamble Mallory & Natsis LLP
31
Oct
Delaware Issues Regulatory Guidance, Process Improvements, for D&O Captives Hunton Andrews Kurth
24
Oct
Delaware’s Governor Signed the Delaware Personal Data Privacy Act Jackson Lewis P.C.
23
Oct
Weekly Bankruptcy Alert October 23, 2023 (For the week ending October 22, 2023) Pierce Atwood LLP
18
Oct
Supreme Court Issues Delaware A Reprieve Pennsylvania Railroad Case Allen Matkins Leck Gamble Mallory & Natsis LLP
17
Oct
Weekly Bankruptcy Alert October 17, 2023 (For the week ending October 15, 2023) Pierce Atwood LLP
11
Oct
Chat with Caution: The Growing Data Privacy Compliance and Litigation Risk of Chatbots Pierce Atwood LLP
10
Oct
Weekly Bankruptcy Alert October 10, 2023 (For the Week Ending October 8, 2023) Pierce Atwood LLP
3
Oct
Weekly Bankruptcy Alert October 3, 2023 (For the week ending October 1, 2023) Pierce Atwood LLP
2
Oct
New Technical Assistance Resources: If You Are Not Shovel Ready, Here’s How to Start the Process Squire Patton Boggs (US) LLP
2
Oct
The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs Sheppard, Mullin, Richter & Hampton LLP
2
Oct
Does California Require "Reasonable Care" In A Board's Selection Of An Expert? Allen Matkins Leck Gamble Mallory & Natsis LLP
28
Sep
Mid 2023 Delaware Corporate and M&A Law Update Greenberg Traurig, LLP
26
Sep
Weekly Bankruptcy Alert: September 26, 2023 (For the week ending September 24, 2023) Pierce Atwood LLP
 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins