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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Jun
23
2022
A First Sighting Of Zuckerberg Decision In California Allen Matkins Leck Gamble Mallory & Natsis LLP
May
1
2023
TripAdvisor Suit Invites Delaware To Become The Hotel California Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
22
2024
Segway Segues Over Choice of Law Question Inherent in Officer Caremark Claims Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
22
2024
Does Delaware Discriminate Against the Deaf and Hearing Impaired? Allen Matkins Leck Gamble Mallory & Natsis LLP
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
Jul
31
2014
Attorney-Client Privilege in the Corporate Setting: Delaware Likes Garner -- California Not So Much Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
18
2014
9th Circuit Upholds Issue Preclusion In Subsequent Derivative Suit Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
10
2015
Does The Power To Choose Not Include The Power To Remove? Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
6
2016
Why Some Delaware Corporations Should Be Careful About Relying On This Vice Chancellor’s Ruling Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
7
2016
Eric Pulier v. Computer Sciences Corp: He Had Vice President’s Title And Company Identified Him As “Management”, But He Was No Officer Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
12
2018
Court Rules Registration To Transact Intrastate Business Does Not Establish General Jurisdiction Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
29
2022
This "Defunct" Delaware Corporation Remains A California Citizen Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
1
2023
Why Is McDonald's Former V.P. Being Judged In Delaware By Delaware Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
13
2023
Are All Lawsuits Against "Woke" Directors "Nonstarters"? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
24
2024
Is The General Counsel Ipso Facto a Corporate Officer? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
18
2013
When The Parent Is A Blue Hen And The Subsidiary Is A 49er, What Law Governs? Re: Conflict of Law Allen Matkins Leck Gamble Mallory & Natsis LLP
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
Apr
7
2016
Why Some Delaware Corporations Will Want To Waive This California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
May
2
2017
Qualification Of Offers And Sales Of Non-Voting Common Stock Is No Snap In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
15
2021
"Disinterested" May Be Pretermitted In Delaware But Not In California Allen Matkins Leck Gamble Mallory & Natsis LLP
May
3
2022
Professor Bainbridge Will Need To Wait A Bit Longer For The Answer To This Question Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
21
2014
Some Corporations Code Mysteries Re: California and Delaware Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
18
2014
Yiddish In California Judicial Opinions: These Words Are Truly Zeltn Allen Matkins Leck Gamble Mallory & Natsis LLP
May
26
2015
Doing The Math On Delaware Derivative Settlements Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
19
2015
Two Is Not A Lot And It’s Certainly Not Extensive Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
3
2016
What’s The Proper Interval Between Annual Meetings? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
14
2016
Corporate Law and Acting in Bad Faith: As Delaware Goes, So Goes Washington? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
2
2016
Why Nevada Corporations Law Is More Reliable Alternative To Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
23
2017
Nevada Legislature Ponders Rejection Of Unocal And Revlon Standards Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
6
2019
Delaware Corporation Adopts Gender Quota Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
19
2020
The Case Whose Name The Delaware Supreme Court Dare Not Speak Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
6
2022
A Vice Chancellor Strives To Untangle California's Limited Partnership Dissolution Statutes Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
20
2023
Choice Of Law And Holding Companies Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
29
2024
Does Delaware Have Personal Jurisdiction Over Controlling Stockholders? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
27
2019
Will Massachusetts and Other Northeastern States Move to Aggressively Price Carbon Emissions? Beveridge & Diamond PC
 

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