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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Feb
20
2020
Federal Court Denies Request of Foreign Companies to Conduct Discovery in the United States in Aid of a Foreign-Seated Arbitration Greenberg Traurig, LLP
Feb
11
2021
Federal District Court Order Provides Guidance Related to Disciplining Employees Who Abuse Leaves of Absence Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
22
2018
Federal Judge Applies California Insider Trading Statute To Delaware Corporation Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
18
2014
Federal Spending Bill Creates Controversy Over Federal Government’s Position on Medical Marijuana Jackson Lewis P.C.
Jul
20
2015
Fee Advancement Considerations Arise From Recent Delaware and Third Circuit Decisions Katten
Jun
2
2014
Fee Shifting Bylaw Provisions May Face Constitutional Limitation Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
1
2015
Fee-Shifting and Forum Selection Clauses: Delaware Passes New Legislation ArentFox Schiff LLP
Mar
30
2016
Feeling Conflicted: Importance of Disclosing Potential Conflicts, Stockholder Vote and Business Judgment Rule Faegre Drinker
Nov
4
2022
FFF Sovereign Immunity Series – Part II Cadwalader, Wickersham & Taft LLP
Oct
3
2014
Fiduciary Access to Digital Assets and Accounts - Uniform Fiduciary Access to Digital Assets Act “UFADAA” Proskauer Rose LLP
Jan
27
2020
Fiduciary Duties in M&A Transactions Mintz
Mar
7
2017
Fiduciary Duties of Officers and Directors: Professor Bainbridge On My “Beef” With Gantler v. Stephens Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
3
2019
Fiduciary Duty Claim Against Selling Company CEO Survives Motion to Dismiss with Aiding and Abetting Claim Missing the Mark K&L Gates
Mar
7
2012
Financial Advisor Conflicts Update McDermott Will & Emery
Dec
12
2013
Financial Advisory Update McDermott Will & Emery
Apr
19
2016
Financial Disclosures in Delaware: Show Me The Money Dinsmore & Shohl LLP
Feb
12
2015
Financial Product Search System Found Patent Ineligible Under Section 101 by Delaware Court Schwegman, Lundberg & Woessner, P.A.
Jun
9
2017
FinTech: Taking Stock in Blockchains Sheppard, Mullin, Richter & Hampton LLP
Mar
17
2020
Fire Extinguished?: Delaware Court Rules CallFire Platform May be an ATDS—At Least at the Pleadings Stage Troutman Amin, LLP
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.
Jan
27
2020
Fixing Void or Voidable Stock Issuances with Section 204 of the Delaware General Corporation Law ("DGCL") Mintz
May
9
2015
Fleshing Out Creditor Derivative Standing in Delaware Morgan, Lewis & Bockius LLP
Oct
28
2021
Flipping Your Business into the United States: Meet the Delaware C Corporation Foley & Lardner LLP
Feb
18
2019
For Cause Removal Must Be For Cause K&L Gates
Oct
2
2020
Forum Selection Clause Found To Violate Unwaivable Right To A Jury Trial Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
22
2014
Forum Selection Clauses Were Here Before They Were In Bylaws (Delaware) Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
2
2018
Forward Movement in the Bureau of Consumer Financial Protection’s Student Loan Litigation: What This Means for Securitization Cadwalader, Wickersham & Taft LLP
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.
Sep
15
2020
French and American Luxury Brands Litigate Delayed Merger MoginRubin
Nov
4
2015
Fresh & Easy, LLC Files for Chapter 11 in Delaware – Another Grocery Store Bankruptcy Stark & Stark
Aug
5
2020
From New York to Delaware: The Process of Redomesticating a New York Corporation Mintz
Sep
15
2016
FTC Weighs-in on Telehealth, Comments on Delaware’s Occupational Therapy Practice Rule McDermott Will & Emery
Jan
17
2014
Gaming Trends in 2014 Dickinson Wright PLLC
Oct
5
2017
Get Ready for the Countdown: Final Delaware Unclaimed Property Regulations Published McDermott Will & Emery
Oct
17
2018
Getting to Business Judgment in an Interested Transaction: Controlling Stockholder Must Put Procedural Protections in Place Prior to the Commencement of Economic Negotiations Sheppard, Mullin, Richter & Hampton LLP
 

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