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
18
2023
Race to the … Increasingly Conservative Non-Competition Jurisdiction? Foley & Lardner LLP
Jan
14
2016
Delaware Rapid Arbitration Act: Quick and Easy – But Does it Work in Venture Capital/Public Equity Context? Foley & Lardner LLP
Apr
15
2015
Delaware Rapid Arbitration Act to Take Effect in May 2015 Foley & Lardner LLP
Jul
25
2023
Delaware Public Benefit Corporations Foley & Lardner LLP
Mar
7
2017
Will Avastin Biosimilar Patent Dance Go On? Foley & Lardner LLP
Mar
12
2024
Palkon v. Maffei: Delaware’s Warning Shot to Controlling Stockholders Seeking to Evade Fiduciary Duties by Reincorporating Foley & Lardner LLP
Jul
8
2015
Delaware Enacts Telehealth Commercial Insurance Parity Law Foley & Lardner LLP
Jul
10
2015
Telemedicine Practice and Remote Prescribing in Delaware Foley & Lardner LLP
Aug
8
2017
Recent Delaware Case Sets Trap for Unwary Regarding Acquisition Agreement Indemnification Caps Foley & Lardner LLP
Aug
16
2016
$3 Million Spoliation Sanction Despite Company’s Litigation Hold Foley & Lardner LLP
Mar
26
2018
Top Three Changes in Delaware’s New Proposed Telemedicine Rules Foley & Lardner LLP
Jul
9
2018
Delaware’s New Telemedicine Rules: Top Four Changes to Know Foley & Lardner LLP
Aug
29
2019
Delaware Supreme Court’s Marchand Decision Creates Challenges for Directors of Food and Beverage Companies Foley & Lardner LLP
Apr
16
2024
Significant Recent Decisions Relevant to Private Company M&A Foley & Lardner LLP
Nov
29
2016
Member Of Delaware LLC? Don't Bring Claims To Inspect Books And Records, Or For Dissolution, In North Carolina's Courts Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Aug
5
2019
Perkins & Marie Callender Files for Chapter 11 Bankruptcy Stark & Stark
Feb
5
2020
Earth Fare Files for Liquidating Chapter 11 Bankruptcy Stark & Stark
Oct
23
2019
Destination Maternity Files for Chapter 11 Bankruptcy Stark & Stark
Jan
14
2016
Life After Burn Injury: Physical Pain Stark & Stark
Nov
9
2020
Youfit Health Clubs Files for Chapter 11 Bankruptcy in Delaware Stark & Stark
Sep
15
2016
Another Sports Retailer Bankruptcy – Golfsmith International, Inc. Files for Chapter 11 Protection in Delaware Stark & Stark
Nov
4
2015
Fresh & Easy, LLC Files for Chapter 11 in Delaware – Another Grocery Store Bankruptcy Stark & Stark
Nov
12
2015
Mobile Home Valuations – For Once Location Doesn’t Matter Stark & Stark
Nov
19
2018
David’s Bridal Says “I Do” to Chapter 11 Bankruptcy Filing Stark & Stark
Jun
2
2015
Delaware Jury Awards $100 million to Pelvic Mesh Patient Stark & Stark
Mar
19
2018
Teen Fashion Retailer Claire’s Files for Chapter 11 Protection Stark & Stark
Feb
5
2019
Charlotte Russe Files for Chapter 11 Bankruptcy Protection Stark & Stark
Feb
7
2019
Things Remembered Files for Chapter 11 Bankruptcy Protection Stark & Stark
Jul
11
2019
Charming Charlie Bankruptcy: Retailer Files for Second Chapter 11 Bankruptcy Stark & Stark
Sep
1
2017
Delaware Passes Amendment to Data Breach Notification Law Wilson Elser Moskowitz Edelman & Dicker LLP
Nov
12
2016
Delaware Bankruptcy Court Holds LLC Operating Agreement Provisions Placing Sole Power in Company’s Lender to Prevent a Bankruptcy Filing are Void as Against Public Policy Holland & Hart LLP
Jul
21
2015
Opposition to the Uniform Fiduciary Access to Digital Assets Act Holland & Hart LLP
Jul
8
2019
Legislation Streamlining Wireless Small Cell Deployment Enacted in 25 States Keller and Heckman LLP
Jul
19
2019
More States Ban Single-Use Plastic Bags Keller and Heckman LLP
Jul
9
2019
More States Ban Plastic Grocery Bags Keller and Heckman LLP
 

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