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.

Custom text Title Organization
Jun
29
2023
Buyer Beware: Delaware Courts Continue to Refuse to Enforce Deal-Based Non-Competes Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2023
Delaware Chancery Court Rejects Books/Records Suit Against Disney Relating to “Don’t Say Gay” Legislation Proskauer Rose LLP
Jun
21
2023
Weekly Bankruptcy Alert: June 21, 2023 (For the week ending June 18, 2023) Pierce Atwood LLP
Jun
14
2023
TripAdvisor Reports Approval of Nevada Redomestication Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
13
2023
Ninth Circuit Enforces Delaware Forum Selection Clause to Affirm Dismissal of Derivative Claim for Alleged Violation of Section 14(a) of the Securities Exchange Act of 1934 Sheppard, Mullin, Richter & Hampton LLP
Jun
4
2023
En Banc Ninth Circuit Upholds Delaware-Forum Bylaw That Prevents Assertion of Federal Proxy Claim in Derivative Action Proskauer Rose LLP
Jun
1
2023
Court Holds State Owned LLCs Are Not "Political Subdivisions" Allen Matkins Leck Gamble Mallory & Natsis LLP
May
30
2023
Weekly Bankruptcy Alert May 30, 2023 (For the week ending May 28, 2023) Pierce Atwood 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
May
23
2023
Weekly Bankruptcy Alert: May 22, 2023 (For the week ending May 21, 2023) Pierce Atwood LLP
May
18
2023
Race to the … Increasingly Conservative Non-Competition Jurisdiction? Foley & Lardner LLP
May
17
2023
Weekly Bankruptcy Alert May 17, 2023 for the week ending May 14, 2023 Pierce Atwood LLP
May
16
2023
PFAS Litigation Forces Company To Seek Bankruptcy Protection – Will Others Follow? CMBG3 Law
May
1
2023
Weekly Bankruptcy Alert May 1 2023 Pierce Atwood LLP
May
1
2023
TripAdvisor Suit Invites Delaware To Become The Hotel California Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
28
2023
Early 2023 Delaware Corporate and M&A Law Review Greenberg Traurig, LLP
Apr
26
2023
Lawsuit Challenges TripAdvisor's Proposal To Move From Delaware To Nevada Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
24
2023
Delaware Legalizes Recreational Marijuana Jackson Lewis P.C.
Apr
24
2023
Weekly Bankruptcy Alert: April 24 2023 Pierce Atwood LLP
Apr
21
2023
Delaware Extends Exculpation Rights to Senior Officers: Updates and Guidance on Corporate Charter Amendments Womble Bond Dickinson (US) LLP
Apr
19
2023
Delaware's Definition Of "Officer" Fails To Define "Officer Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
18
2023
Delaware Does And Doesn't Define "Officer" Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
17
2023
Weekly Bankruptcy Alert: April 17 2023 Pierce Atwood LLP
Apr
11
2023
Weekly Bankruptcy Alert: April 11, 2023 Pierce Atwood LLP
Mar
27
2023
Weekly Bankruptcy Alert: March 27 Pierce Atwood LLP
Mar
21
2023
Delaware’s Duty of Oversight Applies to Corporate Officers Nelson Mullins
Mar
20
2023
Weekly Bankruptcy Alert: March 20, 2023 Pierce Atwood LLP
Mar
20
2023
Choice Of Law And Holding Companies Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
16
2023
Delaware Loses its Latest Grab for Purported Unclaimed Property Blank Rome 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
13
2023
Weekly Bankruptcy Alert: March 13, 2023 (For the week ending March 12, 2023) Pierce Atwood LLP
Mar
8
2023
Will Mallory Derail Delaware's Dominance? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
6
2023
Delaware's Immodest Embrace Of The Internal Affairs Doctrine Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
2
2023
Delaware Court of Chancery Establishes Duty of Oversight Extends to Officers Polsinelli PC
Feb
28
2023
Weekly Bankruptcy Alert February 28, 2023 Pierce Atwood LLP
Feb
22
2023
Public Benefit Corporations: Intersection of Delaware Corporate Law, ESG, and Related Considerations Greenberg Traurig, LLP
Feb
16
2023
Delaware Court of Chancery Extends the Fiduciary Duty of Oversight (i.e., Caremark Claims) to Corporate Officers Mintz
Feb
11
2023
Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now? Sheppard, Mullin, Richter & Hampton LLP
Feb
10
2023
Is This The Case That Ate Delaware Corporate Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
9
2023
The Ramifications of The Delaware Court of Chancery’s McDonald’s Decision – Beyond Holding That Caremark Oversight Obligations Apply to Corporate Officers Cadwalader, Wickersham & Taft LLP
Feb
7
2023
Increased Risks, D&O Insurance Considerations, Following Delaware’s Extended Oversight Duties Hunton Andrews Kurth
Feb
6
2023
Delaware Court of Chancery Determines that Corporate Officers Owe Duty of Oversight: Practical Considerations Greenberg Traurig, LLP
Feb
6
2023
Weekly Bankruptcy Alert February 6, 2023 Pierce Atwood LLP
Feb
6
2023
Even-handed Thievery: SEC Sanctions Unregistered Investment Adviser for Fraudulent: I) Investment Advice, AND II) Filings for PPP Loans Norris McLaughlin P.A.
Feb
3
2023
Court of Chancery Holds That Corporate Officers Owe Duty of Oversight McDermott Will & Emery
Feb
1
2023
Why Is McDonald's Former V.P. Being Judged In Delaware By Delaware Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
31
2023
Delaware Chancery Court Issues Delman Decision Potentially Increasing Scrutiny of the Actions of SPAC Sponsors and Boards Katten
Jan
31
2023
Weekly Bankruptcy Alert January 30 2023 Pierce Atwood LLP
Jan
30
2023
Despite Legal and Other Challenges, Amendments to Delaware’s Corporate Statute Remain Compelling K&L Gates
Jan
29
2023
2022 Delaware Corporate Law Year in Review Greenberg Traurig, LLP
 

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