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
Aug
28
2013
2013 Amendments to the Delaware General Corporation Law Greenberg Traurig, LLP
Aug
28
2013
Delaware General Corporation Law Amended to Speed Up the Consummation of Two-Step Merger Transactions Sheppard, Mullin, Richter & Hampton LLP
Aug
16
2013
Delaware Supreme Court Reinvigorates the Implied Duty of Good Faith and Fair Dealing Hunton Andrews Kurth
Aug
9
2013
Delaware Legislature Adopts Amendments to Delaware General Corporation Law Katten
Aug
1
2013
The Diminishing Privacy Of Private Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
1
2013
Delaware Embraces Doing Business in a Responsible and Sustainable Way Faegre Drinker
Jul
31
2013
Subjective vs. Objective: Beliefs Matter for Fiduciaries of Delaware Limited Liability Partnerships and Limited Liability Companies Barnes & Thornburg LLP
Jul
20
2013
Delaware Court of Chancery Upholds Facial Validity of Exclusive Forum Bylaws Adopted Unilaterally Greenberg Traurig, 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
Jul
11
2013
Exclusive Forum Bylaws Upheld By Delaware Court Faegre Drinker
Jul
4
2013
Chancellor Strine Issues Important Decision Validating Board Adoption of Forum Selection Clause in Bylaws Mintz
Jul
3
2013
Board-Adopted Forum Selection Bylaws Upheld by Delaware Court of Chancery Hunton Andrews Kurth
Jul
1
2013
Delaware Court of Chancery Refuses to Invalidate Forum-Selection Bylaws Barnes & Thornburg LLP
Jun
30
2013
Delaware Court of Chancery Upholds Forum Selection Provisions in Bylaws Katten
Jun
29
2013
Unsecured Creditors Committee's Attack Upon Lender's Make-Whole Premium Denied Sheppard, Mullin, Richter & Hampton LLP
Jun
26
2013
Delaware Chancery Court Establishes Procedural Framework for Obtaining Business Judgment Review for Going Private Transaction Sponsored By Majority Stockholders Sheppard, Mullin, Richter & Hampton LLP
Jun
23
2013
Delaware Court of Chancery Appoints Receiver to Ensure Stockholders’ Meeting Katten
Jun
19
2013
WARN Act Considerations for Private Equity Firms Faegre Drinker
Jun
12
2013
Delaware Chancery Court Finds Business Judgment Rule Applies to Going-Private Transaction with Controlling Shareholder Hunton Andrews Kurth
Jun
9
2013
Delaware Court of Chancery Finds Exculpation Clause Does Not Bar Concealment Claim Katten
Jun
8
2013
Delaware Supreme Court Upholds Good Faith Presumption in Limited Partnership Agreement Katten
Jun
7
2013
Delaware Chancery Court Applies Business Judgment Rule to Going Private Transaction with Controlling Stockholder Katten
Jun
7
2013
Delaware Court Provides Critical Guidance as to the Commercial Reasonableness of a UCC Article 9 Foreclosure Sale Sheppard, Mullin, Richter & Hampton LLP
May
31
2013
NetSpend: Delaware Chancery Criticizes Single-Buyer Negotiating, Use of DADW & Revlon Process, But Denies Injunction Greenberg Traurig, LLP
May
30
2013
Delaware Chancery's Latest on Business Judgment Rule Unification: In Re MFW Shareholders Greenberg Traurig, LLP
May
11
2013
Delaware Chancery Court Finds Settlement Agreement Enforceable Despite Lacking Signature Katten
May
5
2013
Delaware Is Considering “Public Benefit Corporation” Legislation Faegre Drinker
May
4
2013
Worker Adjustment and Retraining Notification Act (WARN) Liability And Private Equity Firms Faegre Drinker
May
1
2013
Anti-Assignment Provisions And Reverse Triangular Mergers Giordano, Halleran & Ciesla, P.C.
Apr
27
2013
Delaware Supreme Court Upholds Federalism, Comity & Finality Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
27
2013
Delaware Chancery Court Decisions Highlight That a "Crucial Difference" In Analyzing Director Liability For "Bad Faith" In the Context of an M&A Sales Process Is the Seriousness of the Bidder Sheppard, Mullin, Richter & Hampton LLP
Apr
26
2013
Delaware Supreme Court Affirms Preclusive Effect of Non-Delaware Dismissals and Rejects Irrebuttable Presumption That a Derivative Plaintiff Who Fails to Conduct a Section 220 Inspection Is an Inadequate Representative Sheppard, Mullin, Richter & Hampton LLP
Apr
23
2013
Accelerating Back-End Mergers in Public Company Acquisitions McDermott Will & Emery
Apr
19
2013
Delaware Supreme Court Upholds Collateral Estoppel in Multiforum Litigation Katten
Apr
10
2013
Delaware and California Courts Split as to Whether a Reverse Triangular Merger Results In an Assignment By Operation of Law, Creating Potential Pitfalls for Delaware and Other Foreign Corporations Located in California Sheppard, Mullin, Richter & Hampton LLP
Apr
8
2013
Public Company M&A Development: Proposed Amendments to Section 251 of the Delaware General Corporation Law (DGCL) Should Lead to Increased Use of Negotiated Tender Offers Greenberg Traurig, LLP
Mar
26
2013
Delaware Court of Chancery Addresses Director's Duties In Connection With Change of Control Put Provisions Bracewell LLP
Mar
11
2013
Protecting Yourself Against Changes in Contractual Counterparties Michael Best & Friedrich LLP
Mar
10
2013
Delaware Chancery Court Addresses Records Inspection Requests Standards Katten
Mar
7
2013
A Return to the Old Normal – Delaware Confirms That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law Armstrong Teasdale
Mar
5
2013
The United States of Online Gaming Dinsmore & Shohl LLP
Feb
17
2013
Lock Up Your Creditors - Court Gives Broad Protection to Binding Plan Support Agreements Greenberg Traurig, LLP
Feb
10
2013
Delaware Court of Chancery Analyzes Damages Claims in Failed Asset Sale Katten
Feb
5
2013
Restructuring Support Agreements, Ad Hoc Committees And Non-Debtor Third-Party Releases Win by a Nose Bracewell LLP
Jan
27
2013
The New Rules of the Delaware Court of Chancery: ESI (Electronically Stored Information), Form of Production, and Non-Party Subpoenas Barnes & Thornburg LLP
Jan
20
2013
Delaware Supreme Court Refines Standard for Missed Pre-Trial Deadlines Katten
Jan
7
2013
The Debate Rages On Regarding Whether Default Fiduciary Duties Apply to LLC Managers Under Delaware Law Bracewell LLP
Dec
16
2012
Delaware Chancery Court Strengthens First-Filed Action Rule Katten
Dec
11
2012
Court Finds Personal Jurisdiction over Foreign Business Under a Conspiracy Theory Katten
Nov
23
2012
Assertion of Common Interest Doctrine and Business Strategy Privilege Rejected Katten
 

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