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
Nov
23
2012
Delaware Supreme Court Rejects Chancery Court's Determination that Default Fiduciary Duties Apply to All LLC Members Katten
Nov
19
2012
Delaware Supreme Court Alters Fiduciary Duty Landscape for LLCs Barnes & Thornburg LLP
Nov
8
2012
Patent War Between St. Jude Medical and Volcano Has Mixed Results Faegre Drinker
Nov
6
2012
Chancery Court Endorses Predictive Coding Bracewell LLP
Oct
31
2012
EPA Approves Temporary Fuel Waivers to Assist States Impacted by Hurricane Sandy U.S. Environmental Protection Agency
Sep
8
2012
When a Special Committee Is Not So Special Mintz
Aug
23
2012
Illinois Becomes Second State to Prohibit Employers from Requiring Access to Employees’ and Prospective Employees’ Social Media Web Sites Faegre Drinker
Jun
30
2012
After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming Ifrah Law
May
26
2012
Pick the Right Rule Book When You Plan the Sale of a Company Dinsmore & Shohl LLP
Apr
30
2012
Boilerplate 101: Governing Law Dinsmore & Shohl LLP
Apr
3
2012
The BankAtlantic Bancorp Decision — Roadblock or Detour to Open Bank Sale of Distressed Banks? ArentFox Schiff LLP
Mar
7
2012
Financial Advisor Conflicts Update McDermott Will & Emery
Feb
25
2012
Should Investors Buck the Status Quo with LLCs? Dinsmore & Shohl LLP
Feb
15
2012
Delaware Supreme Court Declines to Apply Iqbal-Twombly "Plausibility" Pleading Standard Bracewell LLP
Jan
27
2012
Delaware Corporations Continue to Deploy Forum Selection Clauses to Counter Forum Shopping Neal, Gerber & Eisenberg LLP
Jan
10
2012
Defendants’ State of Incorporation Is Entitled to Little Weight in Transfer-of-Venue Analysis McDermott Will & Emery
Dec
12
2011
Delaware Supreme Court Clarifies Scope of Relief a Shareholder is Entitled For Inspection of Corporate Books And Records Pursuant To A Section 220 Demand Sheppard, Mullin, Richter & Hampton LLP
Nov
11
2011
DRBC Releases Final Draft Regulations on Natural Gas Development Greenberg Traurig, LLP
Oct
17
2011
Delaware Supreme Court Clarifies When a Series of Dispositions will not Trigger an "All or Substantially All" Indenture Covenant Sheppard, Mullin, Richter & Hampton LLP
Sep
26
2011
ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim Sheppard, Mullin, Richter & Hampton LLP
Sep
23
2011
Creditors of a Delaware LLC Do Not Have Standing to Sue Derivatively and Must Rely on Contractual Remedies Greenberg Traurig, LLP
Jul
8
2011
Delaware Supreme Court Holds That Insider Trading Claims Alleging Misuse of Confidential Corporate Information Need Not Show Injury To the Corporation Sheppard, Mullin, Richter & Hampton LLP
Jun
28
2011
Delaware Court Expands Restrictions on Assignment of Intellectual Property Licenses in Mergers and Acquisitions Greenberg Traurig, LLP
Jun
11
2011
Delaware Chancery Court Considers Whether a Reverse Triangular Merger Constitutes an Assignment by Operation of Law Sheppard, Mullin, Richter & Hampton LLP
Apr
17
2011
“Sunshine is the Best Disinfectant”: A Financial Advisory Update McDermott Will & Emery
Apr
15
2011
Sixth Circuit Reverses Dismissal of a Shareholder Derivative Action Based Upon the Lack of Independence of the Special Litigation Committee Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2011
Delaware Court Enjoins Merger Vote Citing Conflicts of Interest of Financial Advisor Sheppard, Mullin, Richter & Hampton LLP
Feb
21
2011
Delaware Chancery Court Provides Further Clarification as to When the "Entire Fairness" Standard of Review is Appropriate and How It Will Be Applied Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2011
New Guidelines for Preservation of Electronically Stored Information "ESI" Released; Federal Court Rules that Metadata Subject to FOIA Bracewell LLP
Feb
7
2011
Delaware Supreme Court Reverses Chancery Court Dismissal Of Derivative Plaintiff's Section 220 Books And Records Action Sheppard, Mullin, Richter & Hampton LLP
Jan
28
2011
Delaware Supreme Court Holds That Chancery Court Is Not Bound By Merger Price Or Fairness Opinion In Appraisal Proceedings Under Delaware General Corporate Law Section 262(h) Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2010
Delaware Supreme Court Clarifies Law Regarding Standing of Plaintiff-Shareholders to Bring a Post-Merger Double Derivative Action Sheppard, Mullin, Richter & Hampton LLP
Oct
25
2010
Delaware Supreme Court Requires Credible Evidence of a "Proper Purpose" to Review a Corporation's Books and Records Sheppard, Mullin, Richter & Hampton LLP
Jun
11
2010
When Are Goods Received For The Purpose Of Asserting Administrative Priority Status Under Section 503(b)(9) Of The Bankruptcy Code? Sheppard, Mullin, Richter & Hampton LLP
Jun
11
2010
Delaware Chancery Court Dismisses Derivative Plaintiff's Section 220 Books And Records Action Sheppard, Mullin, Richter & Hampton LLP
May
15
2010
Single-Purpose Entities and Independent Directors: Does the General Growth Ruling Change Structured Finance? Vedder Price
Jun
2
2009
A Group Approach To Coping With The Subprime Mortgage Crisis
 

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