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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May
6
2015
Delaware Legislature to Consider New Fee-Shifting Legislation Proskauer Rose LLP
Mar
5
2020
Vice Chancellor Veers Away from Delaware Section 220 Precedent Proskauer Rose LLP
Oct
8
2020
Are Antitrust Risk Allocation Provisions in Merger Agreements Worthless? Proskauer Rose LLP
Feb
8
2021
Price Gouging Weekly Roundup: February 8, 2021 Proskauer Rose LLP
Aug
4
2021
L Brands Settles Derivative Suits Proskauer Rose LLP
Jul
27
2022
When Shareholders Interrupt The Broadcast: A Stream TV Networks Bulletin Proskauer Rose LLP
Jan
29
2015
The GM Engine that Couldn’t: $1.5B Nail in JPMorgan’s Coffin Bilzin Sumberg
Dec
31
2014
Review Twice, File Once, Review Again; UCC-3 Termination Intent Irrelevant Bilzin Sumberg
Jul
28
2015
Executive Compensation: Time to Focus on Directors’ Pay? Covington & Burling LLP
Aug
29
2017
Delaware Amends Data Breach Notification Law to Require Credit Monitoring, Attorney General Notification Covington & Burling LLP
Dec
23
2014
New State Privacy Laws Go Into Effect on Jan. 1, 2015 (California and Delaware) Covington & Burling LLP
Feb
5
2015
Delaware Chancery Court Declines to Enforce Noncompete in California Despite Choice of Law Provision Covington & Burling LLP
Jul
23
2014
Sender Beware: How Your Emails or Letters may be Ruled a Binding Contract Heyl, Royster, Voelker & Allen, P.C.
May
13
2015
Delaware Lowers the Boom on Energy MLP Boards IMS Legal Strategies
Feb
9
2020
How Capacity Exclusion and the Definition of Wrongful Act Impact Portfolio Company Directors IMS Legal Strategies
Mar
24
2015
A Corporation as an Expert Witness? IMS Legal Strategies
Apr
19
2016
State by State Legislation and Regulation: March 2016 Tax Credits & Incentives Update Horwood Marcus & Berk Chartered
Mar
24
2016
February 2016 Tax Credits & Incentives Update Horwood Marcus & Berk Chartered
Apr
10
2020
First Circuit: Massachusetts Employee Must Abide by a Restrictive Covenant Governed by a Delaware Choice of Law Clause – the More Things Change, the More They Stay the Same, Part II Epstein Becker & Green, P.C.
Jun
1
2018
Pay Equity Audits: Holding a Mirror to Current Compensation Practices Epstein Becker & Green, P.C.
Feb
2
2015
Delaware Incorporated Employers Must Adopt Policies to Address New Law Regarding the Destruction of Employee Personal Information Epstein Becker & Green, P.C.
Jul
22
2021
Delaware Set to Increase Minimum Wage to $15 by 2025 Epstein Becker & Green, P.C.
Dec
15
2020
States and Municipalities Respond to the COVID-19 Second Wave Surge by Tightening Restrictions Epstein Becker & Green, P.C.
Dec
27
2017
Efforts Continue to Strengthen Equal Pay Laws in 2017 Epstein Becker & Green, P.C.
Jan
3
2022
Time Is Money: A Quick Wage-Hour Tip on …Did You Remember to Make Necessary Changes to Comply with New 2022 State and Local Wage-Hour Laws? Epstein Becker & Green, P.C.
Aug
6
2017
Delaware Bans Compensation History Inquiries Epstein Becker & Green, P.C.
Feb
27
2020
New Regulations Emphasize Discounts to Delaware Employers with Drug-Free Workplace Programs Epstein Becker & Green, P.C.
Mar
23
2020
Delaware Supreme Court Upholds Federal Forum Provision for Securities Act Claims Epstein Becker & Green, P.C.
Feb
1
2024
Free to Forfeit: Delaware High Court Holds Employee Choice Is Proper Lens for Evaluating Forfeiture-for-Competition Provisions in Partnership Agreements Epstein Becker & Green, P.C.
Jun
22
2020
COVID-19: US State Policy Report – June 22, 2020 Squire Patton Boggs (US) LLP
Nov
28
2020
COVID-19: US State Policy Report – November 25, 2020 Squire Patton Boggs (US) LLP
Dec
30
2020
COVID-19: US State Policy Report – December 24-28, 2020 Squire Patton Boggs (US) LLP
Mar
2
2021
Delaware Reminds Litigants Not to Wait to Disclose Infringement Theories Under the Doctrine of Equivalents Squire Patton Boggs (US) LLP
Sep
10
2017
Upcoming/New CFIUS Filing: BlueFocus International Limited and Cogint Squire Patton Boggs (US) LLP
Sep
3
2020
COVID-19: US State Policy Report – September 2, 2020 Squire Patton Boggs (US) LLP
 

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