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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Apr
25
2014
Delaware Court Holds Clickwrap Agreements Enforceable Katten
Jan
16
2015
Delaware Court Rules That Beneficial Stockholder May Seek Appraisal in Its Own Name Katten
Feb
10
2013
Delaware Court of Chancery Analyzes Damages Claims in Failed Asset Sale Katten
Apr
27
2014
Proposed Amendments to Delaware General Corporation Law and Courts and Judicial Procedure Law Katten
Oct
24
2014
Delaware Court of Chancery Rejects Controlling Stockholder Claims and Applies Business Judgment Rule to Merger Suits Katten
Mar
20
2015
Delaware Court of Chancery Restricts Board’s Ability to Subject Former Shareholders to New Bylaws Katten
Jan
31
2023
Delaware Chancery Court Issues Delman Decision Potentially Increasing Scrutiny of the Actions of SPAC Sponsors and Boards Katten
May
11
2013
Delaware Chancery Court Finds Settlement Agreement Enforceable Despite Lacking Signature Katten
Sep
12
2014
Bylaw of Delaware Corporation Providing for Exclusive Forum in North Carolina Upheld Katten
May
15
2015
Department of Justice Settles Virtual Currency Enforcement Action Katten
Apr
6
2018
Delaware State Bar Association Council Releases Proposed Amendments to the Delaware General Corporation Law Katten
Oct
20
2013
Voluntary Withdrawal of Appeal in Delaware Exclusive Forum Bylaw Case Katten
Jan
24
2014
Delaware Court Rules in Favor of Former LLC Member in LLC’s Competition Claim Katten
Jun
20
2014
Delaware Court of Chancery Rules That a Major Debt Holder and 48 Percent Stockholder Is a Controlling Stockholder and Owes Fiduciary Duties to Minority Stockholders Katten
Mar
23
2015
Delaware Proposal Banning Fee-Shifting and Permitting Exclusive Forum Provisions Katten
Jun
26
2015
Delaware Amends Its Corporate Law to Prohibit Fee-Shifting, Approve Exclusive Forum Provisions and Facilitate At-The-Market Offerings Katten
Nov
18
2013
Third Circuit Finds Delaware Chancery’s Arbitration Program Unconstitutional Katten
Jun
20
2014
Delaware Court of Chancery Applies Entire Fairness Standard to Going-Private Transaction with a Controlling Stockholder Negotiated by Special Committee and Approved by a Majority of the Minority Stockholders Katten
Aug
8
2014
Amendment to Delaware Judicial Procedure Law Permits Parties to Extend Statute of Limitations for Breach of Contract Claims Katten
Apr
29
2024
Challenges to Advance Notice Bylaws Are Spiking Katten
Jan
2
2015
Minimum Wage Surges in 2015 and Beyond Godfrey & Kahn S.C.
Dec
13
2017
Days Of Our [Employment] Lives (Part Four): Wait, We Ask About An Applicants’ Salary History. Can We Still Do This? Godfrey & Kahn S.C.
Jan
29
2015
Beware of Limits to Criminal History Inquiries in Employment Applications Godfrey & Kahn S.C.
Feb
27
2019
Will Massachusetts and Other Northeastern States Move to Aggressively Price Carbon Emissions? Beveridge & Diamond PC
Dec
23
2019
Transportation and Climate Initiative Issues Draft Cap-and-Investment MOU, Seeks Public Comment Beveridge & Diamond PC
Nov
20
2013
Delaware Embraces General Solicitation Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
15
2014
Some Questions About Delaware’s New Law Allowing Parties To Extend The Statute Of Limitations Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
3
2015
Court Of Chancery Rejects Delaware Choice Of Law in Covenant Not to Compete Litigation Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
3
2016
Corporate Governance: When CEOs Read This, They May Become Less Enamored Of Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
20
2017
Professor Bainbridge Precises Corporate Philanthropy Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
15
2018
Whom Do You Serve? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
11
2019
Why A Delaware Corporation Can Not Be A Subsidiary Of A California Corporation Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
14
2022
California Bill Aims To End The Asymmetry Of Corporate Time Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
4
2024
What Exactly Must A Board Approve When It Approves A Merger? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
2
2014
This Plaintiff Dreamed Of Shares That Never Were Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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