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
23
2014
Shareholder Voting: If Fee-Shifting Bylaws Are Ever Put On Trial, This Case Should Be Exhibit A Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
2
2015
UCLA Professor Bainbridge Takes On S.B. 75 And The Delaware Bar Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
20
2015
California, Nevada and 38 Other States Have These, But Delaware Doesn’t - Intermediate Courts of Appeal Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
29
2015
Chancellor Bouchard Rules There Can Be No Ratification Without Works for Facebook Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
27
2017
Why Some Delaware Corporations May Be Concerned With California’s Supermajority Vote Requirements Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
26
2017
Valid Reasons May Exist For Reincorporating In Delaware, But This Isn’t One Of Them Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
19
2018
Some California Implications Of Delaware's New LLC Division Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
11
2019
Does Caremark Apply To California Corporations? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
12
2022
Are Directors Joint Clients? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
1
2013
The Diminishing Privacy Of Private Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
25
2014
Is The LLC A Party To Its Own Operating Agreement in California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
21
2015
Delaware Court Poised To Decide Whether Directors Are Agents Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
19
2016
Choosing Delaware, Instead Of California Law, May Prove Very Costly Indeed! Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
17
2016
Three Questions To Ask Before Incorporating In Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
22
2016
Tenth Circuit Highlights Difference Between Delaware And Nevada Exculpatory Statutes Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
1
2017
What The Delaware Supreme Court Overlooked In Gantler v. Stephens Allen Matkins Leck Gamble Mallory & Natsis LLP
May
18
2017
Is There A “Revlon Duty” In California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
30
2018
Will Delaware's New Voluntary Certification Act Lead To California Lawsuits? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
20
2018
Delaware Court Declines To Apply California Labor Code Despite California Choice Of Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
12
2019
Does Incorporation In Delaware Constitute "Abuse Of The Corporation"? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
14
2019
Delaware Statutory Trusts And The California General Corporation Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
25
2020
Court of Appeal Has "No Comment" On Trulia Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
18
2020
V.C. Laster Says Stockholder Approval Is Not Required, What Would California Say? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
1
2021
Court Of Chancery Rules Delaware Choice Of Law Does Not Defeat California Securities Law Claim Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
16
2022
Officer Exculpation Is Old News And Automatic In This State Allen Matkins Leck Gamble Mallory & Natsis LLP
May
23
2023
Does A Board Have a Fiduciary Duty to Eliminate Delaware Franchise Taxes by Reincorporating in Nevada? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
18
2023
Supreme Court Issues Delaware A Reprieve Pennsylvania Railroad Case Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
18
2023
Sundering Noncompetes from the Internal Affairs Doctrine Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
11
2024
Reasons To Quit Delaware Are Gettin' Bigger Each Day Allen Matkins Leck Gamble Mallory & Natsis 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
Dec
12
2013
Is Delaware’s Hegemony Over Corporate Law About To End? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
18
2016
California And Nevada Corporations Can Do This But Not Delaware Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
23
2016
Nevada’s Private Corporation Law: What Is A Knowing Violation? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
18
2016
Incorporating In Delaware May Not Eliminate Director Liability Under This California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
27
2017
What Every Delaware Unicorn Needs To Know About The California General Corporation Law Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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