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.

Custom text Title Organization
Mar
18
2024
Are Corporations "Rolling Down Hill, Like A Snowball Headed For . . .?" Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
12
2024
Palkon v. Maffei: Delaware’s Warning Shot to Controlling Stockholders Seeking to Evade Fiduciary Duties by Reincorporating Foley & Lardner LLP
Mar
11
2024
Reasons To Quit Delaware Are Gettin' Bigger Each Day Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
5
2024
Delaware Court of Chancery Puts Practitioners on Notice Regarding Voting Formalities Around Merger Agreements Sheppard, Mullin, Richter & Hampton LLP
Mar
4
2024
What Exactly Must A Board Approve When It Approves A Merger? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
29
2024
Does Delaware Have Personal Jurisdiction Over Controlling Stockholders? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
28
2024
Delaware Corporations Must Employ Procedural Safeguards When Approving a Reincorporation that Could Benefit a Controlling Stockholder to Avoid Entire Fairness Standard of Review Sheppard, Mullin, Richter & Hampton LLP
Feb
27
2024
American Cousins: HMRC Revisits Anson Cadwalader, Wickersham & Taft LLP
Feb
27
2024
Year in Review: Top Insurance Cases of 2023 Hunton Andrews Kurth
Feb
27
2024
Can "New Wave" Stockholder Agreements Catch A Wave In California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
22
2024
What Are The Damages? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
21
2024
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
Feb
16
2024
Delaware Supreme Court Enforces Forfeiture for Competition Provision in Partnership Agreement Sheppard, Mullin, Richter & Hampton LLP
Feb
7
2024
Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement Jackson Lewis P.C.
Feb
1
2024
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.
Feb
1
2024
Options Cancelled. Lessons from Tesla's Pay Package Dispute Mintz
Feb
1
2024
Energy & Sustainability Litigation Updates — February 2024 Mintz
Jan
31
2024
Delaware Supreme Court Validates Forfeiture-For-Competition Provision in Unanimous Reversal of Chancery Court Proskauer Rose LLP
Jan
29
2024
Fast Forward to 2024: Latest Developments in Broadband Projects and BEAD Funding Squire Patton Boggs (US) LLP
Jan
26
2024
CFPB and Attorneys General Sue Debt-Relief Enterprise Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2024
Staying Afloat in an Uncertain Economic World: Hope for the Best, Prepare for the Worst Private Credit Restructuring Year in Review Proskauer Rose LLP
Jan
25
2024
Are Current Minutes More Important than Past Minutes? Jones Walker LLP
Jan
25
2024
Delaware Court Significantly Limits the State of Delaware's Climate Change Lawsuit Against Major Fossil Fuel Companies Mintz
Jan
24
2024
Is The General Counsel Ipso Facto a Corporate Officer? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
22
2024
Segway Segues Over Choice of Law Question Inherent in Officer Caremark Claims Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
9
2024
The Comprehensive Privacy Law Deluge: Record-Keeping and Related Requirements Sheppard, Mullin, Richter & Hampton LLP
Jan
9
2024
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
Jan
9
2024
Year-End 2023 Delaware Corporate and M&A Law Update Greenberg Traurig, LLP
Jan
4
2024
Understanding How the Corporate Transparency Act Will Apply to the Delaware Statutory Trust Structure Polsinelli PC
Jan
3
2024
DCGL Amendment May Breathe New Life Into Zombie Companies Polsinelli PC
Jan
2
2024
US State Law Roundup – 2023 Year-end Update Squire Patton Boggs (US) LLP
Dec
27
2023
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
Dec
20
2023
Private Credit Restructuring Trends: New Delaware Law Aids Secured Creditors in Getting Deals Done Out of Court Proskauer Rose LLP
Dec
20
2023
State Tax vs. Local Tax – Is there a Difference? Blank Rome LLP
Dec
18
2023
Sundering Noncompetes from the Internal Affairs Doctrine Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
16
2023
Duty to Advance Defense Expenses Should Mean What It Says Under D&O Policies Barnes & Thornburg LLP
Dec
15
2023
Delaware Chancery Court Holds that High Standard for Oversight Liability Applies to Corporate Officers Proskauer Rose LLP
Dec
14
2023
End of Year Consideration: Withholding Requirements Under New Jersey’s New Convenience of the Employer Rule Hunton Andrews Kurth
Dec
11
2023
State and Local Hourly Minimum Wage Rate Increases are “Coming to Town” on January 1, 2024 Polsinelli PC
Dec
8
2023
CFPB Settles Claims Against Operator of Training Program for Activities Arising out of Income Share Agreements Sheppard, Mullin, Richter & Hampton LLP
Nov
28
2023
The New Year Brings New Leave Laws Jackson Lewis P.C.
Nov
16
2023
California Says Corporations And LLCs Can't Be Directors; The Securities Exchange Act Apparently Believes Otherwise Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
13
2023
Delaware Becomes 12th US State to Enact Comprehensive Data Privacy Law Womble Bond Dickinson (US) LLP
Nov
13
2023
PFAS State AG Lawsuits Update: Delaware Enters the Fray CMBG3 Law
Nov
6
2023
Weekly Bankruptcy Alert November 6, 2023 (For the week ending November 5, 2023) Pierce Atwood LLP
Nov
1
2023
Weekly Bankruptcy Alert November 1, 2023 (For the week ending October 29, 2023) Pierce Atwood LLP
Nov
1
2023
May Directors Vote By Proxy? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
31
2023
Delaware Issues Regulatory Guidance, Process Improvements, for D&O Captives Hunton Andrews Kurth
Oct
24
2023
Delaware’s Governor Signed the Delaware Personal Data Privacy Act Jackson Lewis P.C.
Oct
23
2023
Weekly Bankruptcy Alert October 23, 2023 (For the week ending October 22, 2023) Pierce Atwood LLP
 

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