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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Oct
22
2015
Death Knell for the Merger Tax on Disclosure-Only Settlements in Delaware? Hunton Andrews Kurth
Jul
20
2023
Delaware Could Become the 13th State to Enact a Comprehensive State Privacy Law Hunton Andrews Kurth
Jun
24
2014
Delaware Delays Consideration of Proposed Prohibition on Fee-Shifting Bylaws for Delaware Stock Corporations Hunton Andrews Kurth
Feb
7
2023
Increased Risks, D&O Insurance Considerations, Following Delaware’s Extended Oversight Duties Hunton Andrews Kurth
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
Nov
22
2021
Historic Boeing Derivative Settlement Funded By D&O Insurers: How to Ensure Directors and Officers Land Safely With Side A DIC Insurance Hunton Andrews Kurth
Mar
21
2018
Director Equity Award Limit in LTIPs: How Companies are Addressing it this Proxy Season in Light of Recent Delaware Case Law Hunton Andrews Kurth
Sep
25
2023
Delaware Supreme Court Affirms that D&O Insurer Must Cover Settlement of Alleged False Claims Act Violations Hunton Andrews Kurth
Jun
2
2014
Proposed Legislation Would Prohibit Fee-Shifting Bylaws for Delaware Stock Corporations Hunton Andrews Kurth
Mar
12
2015
Proposed Delaware Legislation Would Prohibit Fee-Shifting Provisions for Stock Corporations Hunton Andrews Kurth
Sep
10
2015
Delaware Courts Scrutinize Recent Proposed Settlement Agreements – A Harbinger of Fewer M&A “Transaction Tax” Lawsuits? Hunton Andrews Kurth
Jul
12
2021
When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action Hunton Andrews Kurth
Aug
24
2021
Delaware Court Upholds Policyholder’s Choice of Forum, Denies Insurers’ “First-Filed” Argument Following Race to the Courthouse Hunton Andrews Kurth
Jul
29
2022
T-Mobile to Pay $500 Million to Settle Claims Related to 2021 Breach Hunton Andrews Kurth
Aug
30
2021
D&O Insurer Must Fund $18 Million Defense of Mortgage Broker in Fed’s Investigation of False Claims Act Violations Hunton Andrews Kurth
Apr
1
2024
Recent Delaware Coverage Decisions on Relatedness Leaves D&O Claim Uncertainties Hunton Andrews Kurth
Jul
3
2013
Board-Adopted Forum Selection Bylaws Upheld by Delaware Court of Chancery Hunton Andrews Kurth
Feb
4
2022
Delaware Corporations May Use Captives to Insure Non-Indemnifiable Loss Hunton Andrews Kurth
Apr
17
2011
“Sunshine is the Best Disinfectant”: A Financial Advisory Update McDermott Will & Emery
Oct
16
2013
Paving the Way for More Tender Offers: DGCL 251(h) Streamlines Two-Step Merger Process McDermott Will & Emery
Aug
29
2016
Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction McDermott Will & Emery
Oct
17
2013
M&A Corporate Governance: Oversight of the Board’s Financial Advisors McDermott Will & Emery
Jan
16
2019
Delaware Starts Unclaimed Property “Compliance Reviews” (Different from Audits) McDermott Will & Emery
Apr
7
2021
The Jury Returns to Delaware McDermott Will & Emery
Apr
23
2024
Trending in Telehealth: April 9 – April 15, 2024 McDermott Will & Emery
Jun
27
2020
Business Victorious in Unclaimed Gift Card False Claims Case McDermott Will & Emery
Feb
3
2023
Court of Chancery Holds That Corporate Officers Owe Duty of Oversight McDermott Will & Emery
May
15
2014
Retailers Should Examine Gift Card Practices in Light of a Recent Unclaimed Property False Claims Action McDermott Will & Emery
 

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