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
10
2016
Chancery Court Compels Arbitration Based on Email Communications that Included all Essential Terms K&L Gates
Mar
8
2019
Chancery Court Confirms Limited Scope of Authority of Expert-Not-Arbitrator Dispute Resolution Provisions K&L Gates
Apr
12
2017
Chancery Court Considers Who Should Decide Whether Certain Disputes Are Arbitrable — The Court Or An Arbitrator Selected By The Parties? K&L Gates
Jul
28
2020
Chancery Court Declines to Dismiss Breach of Contract, Implied Covenant and Declaratory Judgment Claims Stemming from Termination Purportedly for Cause K&L Gates
Jun
2
2020
Chancery Court Declines To Dismiss Derivative Claims For Audit Committee Oversight Failure And Unjust Enrichment K&L Gates
Sep
14
2017
Chancery Court Declines To Dismiss Fiduciary Claims Arising From A Self-Tender Offer K&L Gates
Jun
3
2021
Chancery Court Declines to Expand Gentile Doctrine K&L Gates
Jun
19
2020
Chancery Court Declines to Move Books and Records Dispute to New York Despite New York Venue Clause in LLC Agreement K&L Gates
Oct
17
2017
Chancery Court Defines De Novo Standard of Review for Appeals of Receiver's Decisions Disallowing Claims K&L Gates
Nov
6
2018
Chancery Court Denies Appraisal Rights Where a Stockholders’ Agreement Requires that Stockholders Refrain from Appraisal Petition K&L Gates
Aug
26
2020
Chancery Court Denies Assignor's Inspection Demand Under Real Party in Interest Rule, Prohibits Substitute Plaintiff K&L Gates
Jun
27
2017
Chancery Court Denies Cross-Motions for Partial Summary Judgment Due to Ambiguities in Contract Language of LLC Agreement Governing Joint Venture K&L Gates
Jan
14
2019
Chancery Court Denies Dismissal Of Breach Of Fiduciary Duty Claims After Concluding That Stockholder Vote Was Not Informed K&L Gates
Jun
14
2018
Chancery Court Denies In Part Motion To Dismiss Breach Of Contract And Breach Of Fiduciary Duties Claims K&L Gates
May
18
2018
Chancery Court Denies Motion to Dismiss Brought by Defendant Tesla Motors, Inc., After Concluding that Elon Musk is a Controlling Stockholder K&L Gates
Jan
31
2019
Chancery Court Denies Motion to Dismiss Claim for Breach of Merger Agreement Earn-Out Efforts Provision K&L Gates
Aug
28
2018
Chancery Court Denises Motion to Dismiss Breach of Contract Claim Based on Language in Limited Partnership Agreement K&L Gates
Dec
29
2016
Chancery Court Determines Merger Price is Fair Value in Appraisal Proceeding as Result of Properly Conducted Sales Process K&L Gates
Sep
22
2017
Chancery Court Dismisses Breach of Contract and Fiduciary Claims Brought Under an Unenforceable Contract K&L Gates
Oct
2
2017
Chancery Court Dismisses Breach of Fiduciary Claims Following The Closing of A Merger Involving Insider Side Deals K&L Gates
Oct
19
2017
Chancery Court Dismisses Claims Against Defendants and Holds that the Transactional Structure in M&F Worldwide Applies to Conflicted One Sided Controller Transactions K&L Gates
May
31
2019
Chancery Court Dismisses Complaint For Failure To State A Claim, Holding That Review of Sale Under Entire Fairness Is Not Warranted K&L Gates
Dec
28
2020
Chancery Court Dismisses Complaint, Holding That Directors Were Not Conflicted in Approving a Merger Simply Due to the Threat of a Looming Proxy Contest K&L Gates
Feb
25
2020
Chancery Court Dismisses Derivative Action Alleging Caremark Claims K&L Gates
Nov
13
2018
Chancery Court Dismisses Derivative Suit Against Blue Bell Officers and Directors K&L Gates
Oct
20
2021
Chancery Court Dismisses Disclosure and Breach Claims in LLC Financing Litigation K&L Gates
Sep
16
2020
Chancery Court Dismisses Former LLC Member's Claims for Alleged Amounts Owed and Breach by Former Co-Members K&L Gates
Aug
26
2020
Chancery Court Dismisses Plaintiff's Claims Against Three Former Members of the Board K&L Gates
Apr
1
2019
Chancery Court Dismisses Stockholder Claim For Breach Of Fiduciary Duty, Despite Board’S Inaccurate Disclosures K&L Gates
May
27
2017
Chancery Court Dismisses Stockholder Derivative Suit That Challenged Excessive Equity Awards to Directors that were within the Limits Set Forth Under Stockholder Approved Equity Incentive Plan K&L Gates
Sep
18
2017
Chancery Court Dismisses Stockholders' Breach of Fiduciary Duty And Aiding And Abetting Claims Relating To Stock For Stock Merger K&L Gates
Oct
23
2019
Chancery Court Dismisses Uber Derivative Suit for Failure to Make Demand or Plead Demand Futility K&L Gates
Nov
6
2012
Chancery Court Endorses Predictive Coding Bracewell LLP
Sep
7
2018
Chancery Court Enforces LLC Agreement, Further Demonstrating that LLCs are Creatures of Contract K&L Gates
Feb
15
2021
Chancery Court Enforces Merger Agreement Milestone Payment Despite Time and Cost to Bring Experimental Drug to Market K&L Gates
 

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