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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Oct
17
2014
Delaware Chancery Rejects Books and Records Demand as Time-Barred Katten
Dec
22
2013
Delaware Chancery Reviews Privilege for Mixed Business and Legal Advice Katten
May
30
2013
Delaware Chancery's Latest on Business Judgment Rule Unification: In Re MFW Shareholders Greenberg Traurig, LLP
Jul
17
2020
Delaware Committee AB Initio Will Cleanse a Conflicted Transaction in Contexts of Majority-Conflicted Board And Financial Advisors Disclosures K&L Gates
Aug
30
2017
Delaware Compensation History Ban: Another State Making A Pronouncement About Pay Equity Jackson Lewis P.C.
Sep
14
2023
Delaware Consumer Privacy Law Effective in 2025 Robinson & Cole LLP
Sep
6
2019
Delaware Corporation Adopts Gender Quota Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
27
2012
Delaware Corporations Continue to Deploy Forum Selection Clauses to Counter Forum Shopping Neal, Gerber & Eisenberg LLP
Jun
24
2015
Delaware Corporations Law: Are Delaware Directors Deathless? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
4
2022
Delaware Corporations May Use Captives to Insure Non-Indemnifiable Loss Hunton Andrews Kurth
Feb
28
2024
Delaware Corporations Must Employ Procedural Safeguards When Approving a Reincorporation that Could Benefit a Controlling Stockholder to Avoid Entire Fairness Standard of Review Sheppard, Mullin, Richter & Hampton LLP
Jul
20
2023
Delaware Could Become the 13th State to Enact a Comprehensive State Privacy Law Hunton Andrews Kurth
Feb
22
2017
Delaware Court Affirms Utility of Non-Reliance Clause in Dismissing Fraud Claim Sheppard, Mullin, Richter & Hampton LLP
Mar
23
2021
Delaware Court Answers Verizon’s Call, Denying Insurers’ Interlocutory Appeal Hunton Andrews Kurth
Sep
27
2013
Delaware Court Awards Attorneys’ Fees for Opposition’s Bad Faith Litigation Conduct Katten
Jun
11
2014
Delaware Court Clarifies Director and Officer Liability in Mergers & Acquisitions (M&A) Transactions Bracewell LLP
Aug
28
2019
Delaware Court Concludes Shareholder Appraisal Action Is a “Securities Claim” Under a Directors and Officers Insurance Policy Squire Patton Boggs (US) 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
31
2014
Delaware Court Denies Attorneys’ Fees for Stockholders in Appraisal Proceedings Katten
Sep
19
2014
Delaware Court Denies Dismissal for Disinterested Directors When Entire Fairness Applies Katten
Dec
2
2015
Delaware Court Denies Most of Defendants’ Motion to Dismiss Unclaimed Property Gift Card False Claims Action McDermott Will & Emery
Feb
4
2022
Delaware Court Denies Motion to Dismiss NPE’s Direct Infringement Claims Despite Sparse Allegations Womble Bond Dickinson (US) LLP
Mar
9
2011
Delaware Court Enjoins Merger Vote Citing Conflicts of Interest of Financial Advisor Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2011
Delaware Court Expands Restrictions on Assignment of Intellectual Property Licenses in Mergers and Acquisitions Greenberg Traurig, LLP
Mar
16
2023
Delaware Court Finds Corporate Officers Have Duty of Oversight and Sexual Harassment Can Be a Breach of the Duty of Loyalty K&L Gates
Mar
23
2016
Delaware Court Finds Plaintiffs Are Not Privies Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
3
2018
Delaware Court Finds “Material Adverse Effect” Allows Buyer to Terminate Merger Agreement: Akorn, Inc. v. Fresenius Kabi AG Mintz
Feb
28
2015
Delaware Court Grants Petition to Dissolve Joint Ventures Katten
Dec
10
2018
Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements Jackson Lewis P.C.
Apr
25
2014
Delaware Court Holds Clickwrap Agreements Enforceable Katten
Sep
29
2015
Delaware Court Holds Interested Directors Liable for "Fairer Price" In Going Private Transaction Bracewell LLP
Aug
29
2017
Delaware Court Holds that Trademark License Cannot be Assigned Without Consent Mintz
Jan
4
2014
Delaware Court Limits Section 220(d) Books and Records Inspections to Current Directors Katten
Mar
26
2013
Delaware Court of Chancery Addresses Director's Duties In Connection With Change of Control Put Provisions Bracewell LLP
Apr
29
2020
Delaware Court of Chancery Addresses Pleading ‘With Particularity’ Under Rule 23.1 Sheppard, Mullin, Richter & Hampton LLP
 

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