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.

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Jul
27
2023
Deadline Shmedline — Wiggle Room Exists for 90-Day Rule to File Tax Court Petition Chuhak & Tecson, P.C.
Mar
16
2023
Delaware Loses its Latest Grab for Purported Unclaimed Property Blank Rome LLP
Dec
20
2023
State Tax vs. Local Tax – Is there a Difference? Blank Rome LLP
Jul
13
2021
Redemption?: Navient Walks Away With ATDS Win After All Troutman Amin, LLP
Mar
17
2020
Fire Extinguished?: Delaware Court Rules CallFire Platform May be an ATDS—At Least at the Pleadings Stage Troutman Amin, LLP
Sep
15
2023
DELAWARE’s GOVERNOR HAS SIGNED INTO LAW HB154, Making DE the 13th State to Enact Consumer Data Privacy Laws Troutman Amin, LLP
Nov
23
2021
District of Delaware Does Not Award Attorney’s Fees for Voluntary IPR Finnegan
Jan
13
2023
Amendment to Delaware General Corporation Law Section 102(b)(7) Stubbs Alderton & Markiles, LLP
Nov
15
2022
Is Crypto Collapsing? Miller Canfield
Nov
30
2020
India: Intersection of Private International Law and Taxation: Bombay High Court Applies Lex Domicilii Rule in Tax Matters Nishith Desai Associates
Aug
28
2023
Ethylene Oxide: Key Decision from Delaware Supreme Court CMBG3 Law
Nov
13
2023
PFAS State AG Lawsuits Update: Delaware Enters the Fray CMBG3 Law
Dec
8
2021
Ethylene Oxide Litigation Update CMBG3 Law
May
16
2023
PFAS Litigation Forces Company To Seek Bankruptcy Protection – Will Others Follow? CMBG3 Law
Mar
10
2020
Delaware Franchise Taxes Are Around the Corner Winstead
Jun
30
2023
Investment Diligence: Why Your Delaware Partnership Agreement Means What It Says Winstead
Mar
20
2020
Keeping it All in the Family Winstead
Aug
31
2023
Amazon Investors Critical of Company's Competitive Tactics MoginRubin
Feb
4
2020
Lawsuit Opposes Creation of Textbook Publishing Duopoly, But Omits a Critical Remedy MoginRubin
Sep
15
2020
French and American Luxury Brands Litigate Delayed Merger MoginRubin
Jun
17
2021
DC Attorney General Sues to End Amazon’s “Unlawful Monopoly” MoginRubin
Sep
17
2021
Turbulence Ahead for Boards: Boeing Chancery Court Ruling Increases Focus on Board Oversight of Compliance Programs Nelson Mullins
Mar
21
2023
Delaware’s Duty of Oversight Applies to Corporate Officers Nelson Mullins
Feb
6
2019
The Akorn Case – New Development in Delaware for Termination by Material Adverse Effect Robinson & Cole LLP
Nov
29
2022
Buyer Beware: Delaware Court of Chancery Declines to Blue-Pencil Restrictive Covenant in M&A Transaction Robinson & Cole LLP
Jul
22
2020
Efficient Breach of Contracts in the COVID-19 Era Robinson & Cole LLP
Sep
14
2023
Delaware Consumer Privacy Law Effective in 2025 Robinson & Cole LLP
Oct
14
2021
Shareholder Files Derivative Suit Targeting Company Executives for Greenwashing Robinson & Cole LLP
Mar
20
2019
Is The West Coast The Best Coast? Mitchell Silberberg & Knupp LLP
Dec
27
2019
Is Your “Securities Claim” Actually Covered Under Your D&O Policy? A Review of In Re Verizon Insurance Coverage Appeals Carlton Fields
Nov
28
2022
Weekly Bankruptcy Alert: November 28, 2022 Pierce Atwood LLP
Feb
28
2023
Weekly Bankruptcy Alert February 28, 2023 Pierce Atwood LLP
Apr
24
2023
Weekly Bankruptcy Alert: April 24 2023 Pierce Atwood LLP
Jun
21
2023
Weekly Bankruptcy Alert: June 21, 2023 (For the week ending June 18, 2023) Pierce Atwood LLP
Nov
6
2023
Weekly Bankruptcy Alert November 6, 2023 (For the week ending November 5, 2023) Pierce Atwood LLP
 

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