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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Apr
26
2023
Lawsuit Challenges TripAdvisor's Proposal To Move From Delaware To Nevada Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
4
2020
Lawsuit Opposes Creation of Textbook Publishing Duopoly, But Omits a Critical Remedy MoginRubin
Sep
14
2017
Lawsuits Over Rescission of DACA Jackson Lewis P.C.
Nov
1
2014
Layne Christensen Settles SEC FCPA Probe Faegre Drinker
Jul
8
2019
Legislation Streamlining Wireless Small Cell Deployment Enacted in 25 States Keller and Heckman LLP
Aug
2
2023
Lessons from Disney: The Exercise of the Corporate Voice is Protected Business Decision Mintz
Sep
19
2018
Liability Considerations for Delaware Public Benefit Corporations Mintz
Aug
9
2019
Licensed by Your State’s Insurance Commissioner? Comprehensive Data Security Requirements Are Headed Your Way Jackson Lewis P.C.
Jan
14
2016
Life After Burn Injury: Physical Pain Stark & Stark
Sep
4
2019
Limited Partnership is Dissolved because it Cannot Fulfill its Purpose K&L Gates
Feb
25
2019
Limits on Administrative Orders to Clean Up in Delaware Greenberg Traurig, LLP
Jan
5
2023
Litigation Funding Probe Continues to Make Waves McDermott Will & Emery
Feb
17
2013
Lock Up Your Creditors - Court Gives Broad Protection to Binding Plan Support Agreements Greenberg Traurig, LLP
Aug
4
2021
Looking For Stiffer Loan Terms? Nevada May Be Able To Help Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
19
2017
Lower Courts Continue to Grapple with Venue in the Wake of In re Micron and In re Cray Mintz
Oct
17
2013
M&A Corporate Governance: Oversight of the Board’s Financial Advisors McDermott Will & Emery
Mar
26
2018
M&A Update: A Trio of Recent Delaware Decisions Discount Deal Price In Appraisal Litigation Cadwalader, Wickersham & Taft LLP
Oct
25
2018
M&A Update: Akorn Falls Far from the Tree: Delaware Chancery Court Finds a “Material Adverse Effect” for the First Time in Akorn, Inc. v. Fresenius Kabi AG, et al. Cadwalader, Wickersham & Taft LLP
Nov
2
2018
M&A Update: Delaware Supreme Court Clarifies the “Ab Initio” Requirement for Business Judgment Review of Controlling Stockholder Transactions in Flood v. Synutra Cadwalader, Wickersham & Taft LLP
Apr
22
2019
M&A Update: The Delaware Supreme Court’s Decision in Verition Partners Master Fund Ltd. v. Aruba Networks, Inc.—Calculating Fair Value in Statutory Appraisal Cases Cadwalader, Wickersham & Taft LLP
Aug
7
2018
M&A Update: The Importance of a High-Quality Sales Process in Determining the Outcome of an Appraisal Proceeding Cadwalader, Wickersham & Taft LLP
Oct
22
2019
Maintaining Good Corporate Governance: Entire Fairness Creeping Into Actions Benefiting A Controlling Stockholder K&L Gates
Dec
3
2015
Majority Owner’s New Blueprint for Forcing out Minority Owners Dinsmore & Shohl LLP
Jun
14
2016
Making Bankruptcy Remoteness More Remote in Delaware Greenberg Traurig, LLP
Apr
9
2014
Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less Mintz
Jan
20
2021
Management Cannot Unilaterally Preclude Directors From Obtaining Privileged Communications K&L Gates
Jun
15
2018
Manager is Entitled to Books and Records in Capacity as Manager, and as a Member Under the LLC Agreement, Despite Assertion of Improper Purpose K&L Gates
Jul
25
2019
Managers Not Properly Removed From LLC Despite Sole Members' Intent K&L Gates
Mar
16
2020
Managing the Commercial Impact of the Coronavirus: Board Oversight and Implications of Marchand Foley & Lardner LLP
Aug
23
2017
Martha Stewart's Stock Sale Recipe Dinsmore & Shohl LLP
Jul
19
2017
Massachusetts Court Decides to Transfer Case in View of TC Heartland Venue Standard Proskauer Rose LLP
Apr
30
2020
Massachusetts Nonsolicitation Case Highlights Importance of Choice-of-Law Provisions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Aug
3
2020
Master in Chancery Dismissive of Fiduciary Seek Dismissal, Applies familiar 12(B)(6) Standard K&L Gates
Apr
11
2017
Master in Delaware Chancery Recommends Enjoining Business From using Trade Name, Mark Similar to Those Already Used by Another Business K&L Gates
Nov
1
2023
May Directors Vote By Proxy? Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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