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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Dec
1
2015
Delaware Supreme Court Clarifies When Friendship Could Compromise Director’s Independence Vedder Price
Mar
24
2020
Delaware Supreme Court Upholds Federal Forum Provisions in Corporate Charters for Section 11 Claims as “Intra-Corporate Affairs” Vedder Price
Oct
23
2014
Beware: The New Patent Litigation Forum Vedder Price
Aug
11
2015
Merlin Partners v. AutoInfo: Merger Price and Process Key in Determining Appraisal Value Vedder Price
May
15
2010
Single-Purpose Entities and Independent Directors: Does the General Growth Ruling Change Structured Finance? Vedder Price
Jun
16
2016
Inadvertent Proxy Voting Instruction Results in Denial of State Law Appraisal Claim Vedder Price
Aug
18
2014
Delaware Supreme Court Finds Fee-Shifting Provisions in Bylaws to Be Facially Valid Vedder Price
Mar
22
2021
Delaware Supreme Court Applies Delaware Law Even When Insured Is Headquartered Elsewhere Bracewell LLP
Feb
15
2012
Delaware Supreme Court Declines to Apply Iqbal-Twombly "Plausibility" Pleading Standard Bracewell LLP
Jan
3
2015
Delaware Supreme Court Reverses Injunction Requiring Thirty Day Go-Shop Bracewell LLP
Apr
8
2020
Update: SEC Extends Filing Extension Relief to Form 10-K Part III Information; Delaware’s Governor Issues Revised Emergency Order Permitting Change in Annual Meeting Location Without Additional Mailing Bracewell LLP
Feb
11
2011
New Guidelines for Preservation of Electronically Stored Information "ESI" Released; Federal Court Rules that Metadata Subject to FOIA Bracewell LLP
Jan
7
2013
The Debate Rages On Regarding Whether Default Fiduciary Duties Apply to LLC Managers Under Delaware Law Bracewell LLP
Aug
27
2014
Bankruptcy: To (Credit) Bid Or Not To (Credit) Bid, That Is The Question Bracewell LLP
Jun
3
2021
Reverse Veil-Piercing Endorsed by Delaware Chancery Court Bracewell LLP
May
20
2016
Delaware Chancery Court Dismisses Challenge to MLP Drop Down Transaction Bracewell LLP
Feb
5
2013
Restructuring Support Agreements, Ad Hoc Committees And Non-Debtor Third-Party Releases Win by a Nose Bracewell LLP
Jun
11
2014
Delaware Court Clarifies Director and Officer Liability in Mergers & Acquisitions (M&A) Transactions Bracewell LLP
Feb
25
2016
Two Recent Delaware Decisions Further Illustrate Scope of Section 220 Discovery Bracewell LLP
Mar
18
2014
Delaware Supreme Court Confirms the Path to Business Judgment Review in Controlling Stockholder Transactions Bracewell LLP
Sep
29
2015
Delaware Court Holds Interested Directors Liable for "Fairer Price" In Going Private Transaction Bracewell LLP
Dec
15
2021
Bankruptcy and Environmental Law: Overview and Latest Trends Bracewell LLP
Apr
12
2016
Delaware Chancery Court Dismisses Challenge to Merger of MLPs: Master Limited Partnerships Bracewell LLP
Feb
25
2017
Shareholders Seeking Books and Records Must Demonstrate Credibility Basis to Infer Wrongdoing Bracewell LLP
Jul
8
2022
In re TPC Group Inc: Delaware Bankruptcy Court Determines that Issuance of Priming Senior Notes is Not Prohibited Absent Express Anti-Subordination Provision Bracewell LLP
Nov
6
2012
Chancery Court Endorses Predictive Coding Bracewell LLP
Mar
26
2013
Delaware Court of Chancery Addresses Director's Duties In Connection With Change of Control Put Provisions Bracewell LLP
Jun
12
2013
Delaware Chancery Court Finds Business Judgment Rule Applies to Going-Private Transaction with Controlling Shareholder Hunton Andrews Kurth
Aug
16
2013
Delaware Supreme Court Reinvigorates the Implied Duty of Good Faith and Fair Dealing Hunton Andrews Kurth
Mar
23
2021
Delaware Court Answers Verizon’s Call, Denying Insurers’ Interlocutory Appeal Hunton Andrews Kurth
Sep
28
2022
D&O Insurer Must Cover Mortgage Broker’s $15 Million Settlement of Alleged False Claims Act Violations Hunton Andrews Kurth
Oct
31
2023
Delaware Issues Regulatory Guidance, Process Improvements, for D&O Captives Hunton Andrews Kurth
Feb
4
2016
Last Nail in Coffin”: Delaware Chancery Court Rejects Another Disclosure-Only Settlement Hunton Andrews Kurth
Apr
25
2016
Delaware Chancery Court Confirms MLP’s Right to Contractually Eliminate Fiduciary Duties, Including Duty of Disclosure Hunton Andrews Kurth
Nov
24
2020
Insurer Ordered to Clean Up Robot Vacuum Cleaner’s IP-Related Suit Hunton Andrews Kurth
 

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