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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Jun
19
2020
Chancery Court Declines to Move Books and Records Dispute to New York Despite New York Venue Clause in LLC Agreement K&L Gates
Jun
19
2020
Delaware Court of Chancery Imposes Charging Order on Distributions Related to Defendant's LLC Membership Interest K&L Gates
Jun
17
2020
Delaware Issues Guidance for Employers as State Enters Phase 2 of Reopening Plan Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
2
2020
Chancery Court Declines To Dismiss Derivative Claims For Audit Committee Oversight Failure And Unjust Enrichment K&L Gates
May
29
2020
Delaware Supreme Court Holds Federal Forum Provisions Valid Barnes & Thornburg LLP
May
29
2020
Delaware Court of Chancery Strictly Construes Right to Discovery of Stockholders Represented By a Contractually Created “Shareholder Representative” Sheppard, Mullin, Richter & Hampton LLP
May
26
2020
Chancery Court Rules That LLC Unit Buyout Provision Operated As a Call Option K&L Gates
May
23
2020
Court of Chancery Decides Motions to Dismiss, Motion for Summary Judgment, and Motion for Judgment on The Pleadings when Plaintiff Sues Stockholders and Directors of The Company He Founded K&L Gates
May
22
2020
Court of Chancery Decides Motions to Dismiss, Motion for Summary Judgement, and Motion for Judgement on the Leadings When Plaintiff Sues Stockholders and Directors of the Company He Founded K&L Gates
May
20
2020
Delaware Supreme Court Upholds Validity of Exclusive Federal Forum Provisions Faegre Drinker
May
20
2020
COVID-19 and Down-Round Financings Mintz
May
19
2020
Court of Chancery Defers to Board of Director's Business Judgement in Response to Stockholder's Dividend Demand K&L Gates
May
19
2020
Do Judges Need To Put Wax In Their Ears To Avoid Delaware's Siren Song? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
16
2020
Court Of Chancery Applies Entire Fairness Standard To Stock Sale Approved By Interested Board Of Directors K&L Gates
May
15
2020
Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage Mintz
May
15
2020
Court of Chancery Analyzes LLC Valuation Reports in Connection with Breach of Fiduciary Duty K&L Gates
May
15
2020
Court Holds Trustee Did Not Abuse Discretion in Rejection Competing Acquisition Proposal for Liquidated Entity's Assets K&L Gates
May
14
2020
Plaintiff Entitled to Inspect Additional Documents Where Proper Purpose Demonstrated as To Mismanagement and Wrongdoing K&L Gates
May
13
2020
Derivative Suit Dismissed for Failing to Plead Demand Futility K&L Gates
May
13
2020
Distressed Property and the Delaware Statutory Trust Structure: What New Capital Sources Need to Consider Polsinelli PC
May
11
2020
Delaware Court Of Chancery Interprets “Sufficient Particularity” Pleading Standard Under Rule 23.1 K&L Gates
May
11
2020
No Country for Price Gouging: States Can Punish Price Gouging Without Price Gouging-Specific Laws Proskauer Rose LLP
May
8
2020
Proposed Amendments to the Delaware General Corporation Law Concerning Virtual Shareholder Meetings During Emergency Conditions Katten
May
7
2020
Windfall or Fair? Breach of Fiduciary Duty and Unjust Enrichment Claim Survives Motion to Dismiss K&L Gates
May
7
2020
Equitable Relief Granted to Stop Board Coup K&L Gates
May
6
2020
Chancery Orders Accounting For Payments To Former Director And Ceo Affiliate; Rejects Most Breach Of Fiduciary Duty Claims K&L Gates
May
5
2020
Court Of Chancery Dismisses Excessive Pay Claims K&L Gates
May
5
2020
Chancery Court Calls Plaintiffs’ Bet Granting in Part & Denying in Part Partial Motion to Dismiss Breach of Fiduciary Duty Claims in Case Alleging Failure to Disclose Material Facts and Structuring a Transaction for Defendants’ Personal Financial Benefit K&L Gates
May
4
2020
Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions Faegre Drinker
May
4
2020
Delaware Court of Chancery Limits Member's Sole and Exclusive Right to Cause Company to Undertake a Qualified IPO to Mere Right of Approval K&L Gates
Apr
30
2020
Massachusetts Nonsolicitation Case Highlights Importance of Choice-of-Law Provisions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2020
Stockholder’s Breach Of Fiduciary Duty Claim Against Chairman Of Barnes & Noble Education, Inc. Dismissed By Delaware Court Of Chancery K&L Gates
Apr
30
2020
Delaware Governor Issues Order Imposing Obligations on Businesses Regarding the Use of Face Coverings Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2020
Court of Chancery Applies Entire Fairness Standard to PennyMac’s Reorganization Transaction K&L Gates
Apr
29
2020
Delaware Court of Chancery Addresses Pleading ‘With Particularity’ Under Rule 23.1 Sheppard, Mullin, Richter & Hampton LLP
 

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