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
Sep
2
2014
What Does Delaware’s Wal-Mart Decision Mean for the Attorney-Client Privilege and Internal Investigations? Mintz
Aug
31
2014
Delaware Court Denies Attorneys’ Fees for Stockholders in Appraisal Proceedings Katten
Aug
27
2014
Bankruptcy: To (Credit) Bid Or Not To (Credit) Bid, That Is The Question Bracewell LLP
Aug
27
2014
New Data Disposal Law in Delaware Requires Action by Impacted Businesses McDermott Will & Emery
Aug
27
2014
Judge Rules Choice Of Law Waives California Corporate Securities Law Claim Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
25
2014
9th Circuit Rules LLC Form Provided No Fiduciary Shield To Personal Jurisdiction Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
22
2014
The Wal-Mart Decision: Just How Big A Blow Did the Delaware Supreme Court Deal To Corporations? Barnes & Thornburg LLP
Aug
20
2014
Environmental Impact Analysis Required for Natural Gas Facilities Clarified in D.C. Circuit Decision Denying Residents’ Challenge to Compressor Siting Approval McDermott Will & Emery
Aug
18
2014
Delaware Supreme Court Finds Fee-Shifting Provisions in Bylaws to Be Facially Valid Vedder Price
Aug
16
2014
Delaware Court of Chancery Dismisses Derivative Suit Brought by Expired Trust Katten
Aug
15
2014
Some Questions About Delaware’s New Law Allowing Parties To Extend The Statute Of Limitations Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
8
2014
Amendment to Delaware Judicial Procedure Law Permits Parties to Extend Statute of Limitations for Breach of Contract Claims Katten
Aug
4
2014
Delaware Amends its General Corporation Law, Limited Liability Company and Limited Partnership Acts Michael Best & Friedrich LLP
Jul
31
2014
Attorney-Client Privilege in the Corporate Setting: Delaware Likes Garner -- California Not So Much Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
23
2014
Sender Beware: How Your Emails or Letters may be Ruled a Binding Contract Heyl, Royster, Voelker & Allen, P.C.
Jul
22
2014
Delaware Court of Chancery Rejects Indemnification Slight of Hand Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2014
Don’t Leave It Out of Your Earn-Out – Delaware Court of Chancery Addresses Implied Covenant of Good Faith and Fair Dealing in the Context Contingent Purchase Price Provisions Greenberg Traurig, LLP
Jul
8
2014
When It Comes To Director Compensation Claims, Nevada And Delaware Are Fundamentally Different Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
7
2014
Some Questions Boards Might Want To Ask When Considering Fee-Shifting Bylaws Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
3
2014
Nevada Federal Court Rejects Court Of Chancery’s Privity Analysis Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
2
2014
ATP Tour, Inc. v. Deutscher Tennis Bund: How Broad Was That Bylaw? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
1
2014
Delaware Law Update: Fee-Shifting Bylaw Provisions and the Use of a Poison Pill in Response to Activist Investor Activities Faegre Drinker
Jul
1
2014
Public Company Adopts Fee Shifting Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
27
2014
Delaware Fee-Shifting Legislation Delayed Katten
Jun
24
2014
Delaware Delays Consideration of Proposed Prohibition on Fee-Shifting Bylaws for Delaware Stock Corporations Hunton Andrews Kurth
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
Jun
21
2014
Delaware Court of Chancery Finds Contract Rate Applies to Post-Judgment Interest Katten
Jun
20
2014
Delaware Court of Chancery Applies Entire Fairness Standard to Going-Private Transaction with a Controlling Stockholder Negotiated by Special Committee and Approved by a Majority of the Minority Stockholders Katten
Jun
20
2014
Delaware Court of Chancery Rules That a Major Debt Holder and 48 Percent Stockholder Is a Controlling Stockholder and Owes Fiduciary Duties to Minority Stockholders Katten
Jun
19
2014
Why Biolase v. Oracle Partners, L.P. May Not Be The Last Word On Director Resignations Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
11
2014
Delaware Court Clarifies Director and Officer Liability in Mergers & Acquisitions (M&A) Transactions Bracewell LLP
Jun
9
2014
Unclaimed Property Audit Lawsuit Filed Against Kelmar: You Do the Math McDermott Will & Emery
Jun
5
2014
Shareholder Voting: What Good Can Come From Letting The Indifferent and Undecided Hold Sway? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
3
2014
Delaware Legislature Asked To Address Corporate Fee-Shifting Bylaws After ATP Tour Decision Womble Bond Dickinson (US) LLP
Jun
2
2014
Proposed Legislation Would Prohibit Fee-Shifting Bylaws for Delaware Stock Corporations Hunton Andrews Kurth
Jun
2
2014
Fee Shifting Bylaw Provisions May Face Constitutional Limitation Allen Matkins Leck Gamble Mallory & Natsis LLP
May
30
2014
Delaware Legislation Banning Fee-Shifting in Bylaws and Charters Katten
May
30
2014
Using Delaware Corporate Bylaws and Charters to Set the Rules for Shareholder Litigation Mintz
May
27
2014
Great Hill Equity Partners and the Attorney-Client Privilege in Corporate Mergers – Have We Opened Pandora’s Box? Giordano, Halleran & Ciesla, P.C.
May
20
2014
An End to the Madness? Delaware Bill Introduced to End Contingent Fee Unclaimed Property Audits McDermott Will & Emery
May
20
2014
The Case That Could Significantly Disrupt How Companies Manage Their Gift Card Programs and Could Create Billions of Dollars in Exposure Mintz
May
16
2014
Delaware Supreme Court Upholds Fee-Shifting Bylaw Katten
May
15
2014
Delaware Supreme Court Finds Fee-Shifting Bylaw Permissible Hunton Andrews Kurth
May
15
2014
Retailers Should Examine Gift Card Practices in Light of a Recent Unclaimed Property False Claims Action McDermott Will & Emery
May
12
2014
A Shot In A Mug Of Beer May Not Be The Answer To This Exclusive Forum Bylaw Case Allen Matkins Leck Gamble Mallory & Natsis LLP
May
10
2014
New Delaware Law “Encourages” State Vendors to “Ban the Box” Proskauer Rose LLP
Apr
27
2014
Proposed Amendments to Delaware General Corporation Law and Courts and Judicial Procedure Law Katten
Apr
25
2014
Delaware Court Holds Clickwrap Agreements Enforceable Katten
Apr
23
2014
Delaware Increases Annual Franchise Taxes Michael Best & Friedrich LLP
Apr
18
2014
Is This Proposed Amendment To Delaware’s Stockholder Consent Statute Really Needed? Allen Matkins Leck Gamble Mallory & Natsis LLP
 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins