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
Apr
16
2014
This Proposed Amendment To DGCL (Delaware General Corporation Law) Section 141(f) Is A Curate’s Egg Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
11
2014
And You Thought Dissenters’ Rights Didn’t Apply To Delaware LLCs (Limited Liability Corporations) Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
9
2014
Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less Mintz
Mar
28
2014
Kahn v. M&F Worldwide Corporation: Delaware Supreme Court Clarifies Standard of Review for Interested Transactions Faegre Drinker
Mar
27
2014
Applying a Legal Bandaid to Defective Acts: Delaware Law Creates New Procedures to Ratify Defective Corporate Acts Sheppard, Mullin, Richter & Hampton LLP
Mar
26
2014
Delaware Law to Provide for Ratification of Defective Corporate Acts as of April 1, 2014 McDermott Will & Emery
Mar
25
2014
Online Protection for Children: Delaware following California? Mintz
Mar
21
2014
Delaware Court of Chancery Grants Summary Judgment Dismissing Breach of Fiduciary Duty Claims In Absence of Evidence of Directors’ “Conscious Disregard” of Fiduciary Duties Sheppard, Mullin, Richter & Hampton LLP
Mar
21
2014
Delaware Supreme Court Upholds Chancery Court Ruling that Applied Business Judgment Rule to Going Private Transaction with Controlling Stockholder Katten
Mar
21
2014
Some Corporations Code Mysteries Re: California and Delaware Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
19
2014
Delaware Supreme Court Affirms that Controller Buyouts Can be Reviewed under the Business Judgment Rule If They Are Conditioned Up Front on Dual Approval Safeguards Greenberg Traurig, LLP
Mar
18
2014
Delaware Supreme Court Confirms the Path to Business Judgment Review in Controlling Stockholder Transactions Bracewell LLP
Mar
17
2014
Delaware Upholds Business Judgment Review for Controlling Stockholder Mergers If Minority Is Protected Mintz
Mar
7
2014
Nevada and Delaware Enter Into Interstate Compact to Pool I-Poker Players Dickinson Wright PLLC
Feb
25
2014
Delaware Chancery Court Declines to Apply Offer-of-Judgment Rule in Appraisal Proceedings Sheppard, Mullin, Richter & Hampton LLP
Feb
24
2014
The Legality Of Corporate Giving Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
21
2014
Crying Revlon: Delaware Courts Dismiss Claims in Morton’s Restaurant Group Acquisition McDermott Will & Emery
Feb
20
2014
Delaware Court of Chancery Upholds Forum Selection Bylaws McDermott Will & Emery
Feb
20
2014
Delaware Court of Chancery Applies Implied Covenant of Good Faith and Fair Dealing to Prohibit An Acquiring Entity From Diverting Revenues to Depress Payouts Under a Contingent Purchase Price Provision Sheppard, Mullin, Richter & Hampton LLP
Feb
9
2014
Delaware Minimum Wage Increases June 1, 2014 Jackson Lewis P.C.
Feb
2
2014
Shareholder Derivative Suit Dismissed for Failure to Show Demand Futility Katten
Feb
2
2014
Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations Gilbert LLP
Feb
2
2014
Are Credit Bids in a Deep Freeze? Mintz
Feb
2
2014
This Plaintiff Dreamed Of Shares That Never Were Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
31
2014
Amendments to Delaware Limited Liability Company Act Confirm that Managing Members and Managers of Delaware Limited Liability Companies Owe Default Fiduciary Duties Greenberg Traurig, LLP
Jan
31
2014
Delaware Court of Chancery Upholds the Facial Validity of Organic Exclusive Forum Provisions, But Future “As‐ Applied” Challenges Could be a Different Matter Greenberg Traurig, LLP
Jan
24
2014
Delaware Court Rules in Favor of Former LLC Member in LLC’s Competition Claim Katten
Jan
24
2014
Delaware Bankruptcy Court Limits Ability of Purchaser of Secured Claim to Credit Bid Barnes & Thornburg LLP
Jan
21
2014
Summary of Major State and Local Law Developments in 2013 Jackson Lewis P.C.
Jan
17
2014
Delaware Chancery Analyzes Scienter Requirement in Insider Trading Claim Katten
Jan
17
2014
Gaming Trends in 2014 Dickinson Wright PLLC
Jan
4
2014
Delaware Court Limits Section 220(d) Books and Records Inspections to Current Directors Katten
Dec
31
2013
Delaware Supreme Court Holds Liability of Corporation May Still Exist Following Dissolution McBrayer, McGinnis, Leslie and Kirkland, PLLC
Dec
22
2013
Delaware Chancery Reviews Privilege for Mixed Business and Legal Advice Katten
Dec
13
2013
The Arcana Of Dating Stockholder Consents Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
12
2013
Delaware Supreme Court Holds Receiver is Required to Defend Lawsuits After a Corporation is Wound-Up; Finds No Generally Applicable Statute of Limitation for Claims Against a Dissolved Corporation Sheppard, Mullin, Richter & Hampton LLP
Dec
12
2013
Financial Advisory Update McDermott Will & Emery
Dec
12
2013
Is Delaware’s Hegemony Over Corporate Law About To End? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
7
2013
Delaware Supreme Court Defines Unexhausted Insurance Policies as Property of Dissolved Corporations Katten
Nov
22
2013
Delaware Chancery Court Permits Shareholder to Bring Fiduciary Claim for Board’s Violation of a Stock Incentive Plan Katten
Nov
20
2013
Delaware Embraces General Solicitation Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
18
2013
Third Circuit Finds Delaware Chancery’s Arbitration Program Unconstitutional Katten
Oct
20
2013
Voluntary Withdrawal of Appeal in Delaware Exclusive Forum Bylaw Case Katten
Oct
17
2013
M&A Corporate Governance: Oversight of the Board’s Financial Advisors McDermott Will & Emery
Oct
16
2013
Paving the Way for More Tender Offers: DGCL 251(h) Streamlines Two-Step Merger Process McDermott Will & Emery
Oct
11
2013
Merger Paying Common Shareholders $0 Found To Be Entirely Fair Faegre Drinker
Oct
7
2013
Vice Chancellor’s Shareholders Litigation Order Sparks A Wortwechsel In The Blogosphere Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
27
2013
Delaware Court Awards Attorneys’ Fees for Opposition’s Bad Faith Litigation Conduct Katten
Sep
11
2013
When Is a Non-Binding Term Sheet or Letter of Intent Enforced as a Binding Contract? Sheppard, Mullin, Richter & Hampton LLP
Sep
6
2013
Delaware Chancery Court Finds Merger "Entirely Fair" to Common Stockholders Despite the Merger Leaving Common Stockholders With No Consideration for Their Shares Sheppard, Mullin, Richter & Hampton LLP
 

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