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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Aug
31
2018
A Conflicted Controller Transaction Survives a Motion to Dismiss K&L Gates
Jul
14
2022
A Conjunction is Worth Thousands of Dollars: Recent Case Highlights Significance of “And” vs. “Or” Proskauer Rose LLP
Mar
24
2015
A Corporation as an Expert Witness? IMS Legal Strategies
Oct
15
2019
A Director’s Mission: Understanding, Monitoring and Accurately Reporting Mission Critical Operations Faegre Drinker
Sep
21
2015
A Farewell to Alms? Peppercorn Settlements of M&A Litigation Proskauer Rose LLP
Jun
23
2022
A First Sighting Of Zuckerberg Decision In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
2
2009
A Group Approach To Coping With The Subprime Mortgage Crisis
Jul
22
2021
A New Strain of COVID-19 Shareholder Suit Proskauer Rose LLP
Mar
7
2013
A Return to the Old Normal – Delaware Confirms That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law Armstrong Teasdale
May
12
2014
A Shot In A Mug Of Beer May Not Be The Answer To This Exclusive Forum Bylaw Case Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
22
2019
A Signature Alone Is Not Dispositive Evidence Of An Intent To Be Bound In An Agreement K&L Gates
Feb
3
2020
A Statutory Inspection Claim Need Not Be Brought In The Foreign Company’s Home Jurisdiction, Even If That Foreign Jurisdiction Is Delaware Womble Bond Dickinson (US) LLP
Jul
6
2022
A Vice Chancellor Strives To Untangle California's Limited Partnership Dissolution Statutes Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
23
2013
Accelerating Back-End Mergers in Public Company Acquisitions McDermott Will & Emery
Nov
29
2018
Activist Stockholder Aided and Abetted a Board's Breach of Fiduciary Duties but the Court Finds No Damages K&L Gates
Jun
30
2012
After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming Ifrah Law
Mar
28
2020
Alleged Scheme to Exercise Partnership Agreement Call Right at Unfair Price Supports Breach, Tortious Interference Claims K&L Gates
Aug
31
2023
Amazon Investors Critical of Company's Competitive Tactics MoginRubin
Jan
13
2023
Amendment to Delaware General Corporation Law Section 102(b)(7) Stubbs Alderton & Markiles, LLP
Aug
8
2014
Amendment to Delaware Judicial Procedure Law Permits Parties to Extend Statute of Limitations for Breach of Contract Claims Katten
Sep
19
2022
Amendment to Delaware Law Permits Exculpation of Officers in Corporate Charters Mintz
Jan
31
2014
Amendments to Delaware Limited Liability Company Act Confirm that Managing Members and Managers of Delaware Limited Liability Companies Owe Default Fiduciary Duties Greenberg Traurig, LLP
Feb
27
2024
American Cousins: HMRC Revisits Anson Cadwalader, Wickersham & Taft LLP
Sep
4
2019
An Arbitrator, and not the Courts, Should Decide the Question of Substantive Arbitrability if “The Parties’ Contract Provides ‘Clear and Unmistakable Evidence’ of Their Intent That an Arbitrator Should Decide the Question” K&L Gates
May
20
2014
An End to the Madness? Delaware Bill Introduced to End Contingent Fee Unclaimed Property Audits McDermott Will & Emery
Apr
1
2021
An Insolvent Corporations May Transfer All of its Assets to its Creditors without Stockholder Approval K&L Gates
Apr
11
2014
And You Thought Dissenters’ Rights Didn’t Apply To Delaware LLCs (Limited Liability Corporations) Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
26
2011
ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim Sheppard, Mullin, Richter & Hampton LLP
May
6
2024
Another Public Company Announces Plan To Decamp To Nevada - Is Delaware's Dam About To Burst? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
1
2017
Another Reminder that Director Limits set forth in Equity Plans Allow Director Compensation to be Reviewed Under More Lenient Business Judgment Rule Mintz
Sep
15
2016
Another Sports Retailer Bankruptcy – Golfsmith International, Inc. Files for Chapter 11 Protection in Delaware Stark & Stark
Dec
24
2019
Another “Well-pled” Caremark Claim Survives A Motion To Dismiss K&L Gates
May
1
2013
Anti-Assignment Provisions And Reverse Triangular Mergers Giordano, Halleran & Ciesla, P.C.
Oct
30
2017
Anticipated Acts of Infringement May Establish Venue for Hatch-Waxman McDermott Will & Emery
Mar
27
2014
Applying a Legal Bandaid to Defective Acts: Delaware Law Creates New Procedures to Ratify Defective Corporate Acts Sheppard, Mullin, Richter & Hampton LLP
 

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