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
26
2015
Delaware Amends Its Corporate Law to Prohibit Fee-Shifting, Approve Exclusive Forum Provisions and Facilitate At-The-Market Offerings Katten
Jun
26
2015
Delaware Passes Legislation Prohibiting Fee-Shifting Bylaws and Validating Exclusive Forum Selection Bylaws for Stock Corporations Hunton Andrews Kurth
Jun
24
2015
Delaware Corporations Law: Are Delaware Directors Deathless? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
23
2015
Delaware Senate Passes Unclaimed Property Reform Bill McDermott Will & Emery
Jun
22
2015
Data Security Breach Documents Sought in Home Depot Books-and-Records Suit Mintz
Jun
16
2015
Before Rapunzel There Was Rudabeh: Koehler v. NetSpend Holdings Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
12
2015
Delaware House Passes Bill Prohibiting Bylaws on Fee-Shifting Proskauer Rose LLP
Jun
10
2015
“Dead Hand Proxy Puts” Garner Increased Stockholder Scrutiny In Delaware Sheppard, Mullin, Richter & Hampton LLP
Jun
3
2015
RadioShack; Unitranche Clarity, or Radio Silence? re: Bankruptcy Litigation Squire Patton Boggs (US) LLP
Jun
2
2015
Delaware Jury Awards $100 million to Pelvic Mesh Patient Stark & Stark
Jun
2
2015
Back To The Future – Should Stock Incentive Plans Impose Grant Limits on Non-Employee Director Awards? Sheppard, Mullin, Richter & Hampton LLP
May
29
2015
Delaware Supreme Court Holds That Plaintiffs Must Specifically Plead Non-Exculpated Claims Against Disinterested Directors in Transaction Under Entire Fairness Review to Survive Motion to Dismiss Katten
May
26
2015
Delaware Chancery Court Holds that Creditor Plaintiffs in Derivative Suits May Satisfy Standing Requirement by Showing Corporation’s Insolvency at Time of Suit, Regardless of Later Solvency Sheppard, Mullin, Richter & Hampton LLP
May
26
2015
Why Directors and Officers Should Demand a Separate Indemnification Agreement Mintz
May
26
2015
Delaware Chancery Awards Attorneys’ Fees Without Finding Damages Katten
May
26
2015
Doing The Math On Delaware Derivative Settlements Allen Matkins Leck Gamble Mallory & Natsis LLP
May
19
2015
Delaware Supreme Court Holds That a Stockholder Plaintiff Must Plead a Non-Exculpated Claim to Avoid Section 102(b)(7)-Based Dismissal When Seeking Damages From Independent and Disinterested Directors Sheppard, Mullin, Richter & Hampton LLP
May
15
2015
Department of Justice Settles Virtual Currency Enforcement Action Katten
May
14
2015
Delaware Chancery Court Holds Director Equity Awards Issued Under a Stockholder-Approved Plan Subject to Review under the Entire Fairness Standard Hunton Andrews Kurth
May
14
2015
Delaware SB 75 May Prove To Be Delaware’s Seven Sisters re: Corporations Law Allen Matkins Leck Gamble Mallory & Natsis LLP
May
13
2015
Delaware Senate Passes Bill Prohibiting Bylaws on Fee Shifting Proskauer Rose LLP
May
13
2015
Delaware Lowers the Boom on Energy MLP Boards IMS Legal Strategies
May
12
2015
Here’s One Way To Recover Attorneys’ Fees Without Adopting A Fee Shifting Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
May
9
2015
Fleshing Out Creditor Derivative Standing in Delaware Morgan, Lewis & Bockius LLP
May
6
2015
Delaware Legislature to Consider New Fee-Shifting Legislation Proskauer Rose LLP
May
6
2015
Will Delaware’s Fee-Shifting Bylaw Bill Be A Boon To Other States? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
1
2015
Delaware Court of Chancery Holds Forum Selection Clause Trumps Prior-Filed Action Doctrine Katten
Apr
17
2015
Proposed Amendments to DGCL (Delaware General Corporation Law), Including Ban on Fee-Shifting and Permitting Exclusive Forum Provisions Katten
Apr
15
2015
Delaware Rapid Arbitration Act to Take Effect in May 2015 Foley & Lardner LLP
Mar
31
2015
California and Delaware Courts Agree: Amendments to Corporate Bylaws Do Not Apply Retroactively to Impair Pursuit Previously Accrued Claims Sheppard, Mullin, Richter & Hampton LLP
Mar
27
2015
Delaware Bar Proposes Amendments to Ban Fee-Shifting Provisions and Allow Delaware-Only Forum Selection Provisions in Corporate Charters and Bylaws Mintz
Mar
24
2015
A Corporation as an Expert Witness? IMS Legal Strategies
Mar
23
2015
Delaware Proposal Banning Fee-Shifting and Permitting Exclusive Forum Provisions Katten
Mar
21
2015
State Bar Council Proposes New Legislation for Delaware Fee-Shifting Ban and Delaware Court of Chancery Considers Fee-Shifting Bylaw Proskauer Rose LLP
Mar
20
2015
Delaware Court of Chancery Restricts Board’s Ability to Subject Former Shareholders to New Bylaws Katten
Mar
20
2015
Delaware Legislature Introduces Rapid Arbitration Act Mintz
Mar
15
2015
Delaware’s Unclaimed Property Audit Program Dealt Blow McDermott Will & Emery
Mar
13
2015
Delaware Chancery Court Addresses Proper Purpose for Inspection Demand Katten
Mar
12
2015
Proposed Delaware Legislation Would Prohibit Fee-Shifting Provisions for Stock Corporations Hunton Andrews Kurth
Feb
28
2015
Delaware Court Grants Petition to Dissolve Joint Ventures Katten
Feb
20
2015
Delaware Court of Chancery Rejects Share-Tracing Standing Requirement for Appraisal Petitioners Sheppard, Mullin, Richter & Hampton LLP
Feb
17
2015
Delaware Independent Director Liability in Control Buyout Cases Proskauer Rose LLP
Feb
12
2015
Financial Product Search System Found Patent Ineligible Under Section 101 by Delaware Court Schwegman, Lundberg & Woessner, P.A.
Feb
11
2015
When it Comes to Incorporating Your Startup, Why Delaware?!? Varnum LLP
Feb
5
2015
Delaware Chancery Court Declines to Enforce Noncompete in California Despite Choice of Law Provision Covington & Burling LLP
Feb
4
2015
More on California Non-Competes – But This Time from Delaware Mintz
Feb
3
2015
Court Of Chancery Rejects Delaware Choice Of Law in Covenant Not to Compete Litigation Allen Matkins Leck Gamble Mallory & Natsis LLP
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.
Jan
29
2015
Beware of Limits to Criminal History Inquiries in Employment Applications Godfrey & Kahn S.C.
Jan
29
2015
The GM Engine that Couldn’t: $1.5B Nail in JPMorgan’s Coffin Bilzin Sumberg
 

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