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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Mar
7
2013
A Return to the Old Normal – Delaware Confirms That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law Armstrong Teasdale
Sep
25
2023
False Claims Act Investigation Is Covered Under Insured’s D&O Policy, Court Says Barnes & Thornburg LLP
Jan
27
2013
The New Rules of the Delaware Court of Chancery: ESI (Electronically Stored Information), Form of Production, and Non-Party Subpoenas Barnes & Thornburg LLP
Jul
1
2013
Delaware Court of Chancery Refuses to Invalidate Forum-Selection Bylaws Barnes & Thornburg LLP
Dec
11
2014
Mistaken Termination of Financing Statement Proves Costly to Lender Barnes & Thornburg LLP
Oct
7
2019
Federal Circuit Upholds Choice of Delaware Law for Non-Compete Barnes & Thornburg LLP
Jan
24
2014
Delaware Bankruptcy Court Limits Ability of Purchaser of Secured Claim to Credit Bid Barnes & Thornburg LLP
Jul
31
2013
Subjective vs. Objective: Beliefs Matter for Fiduciaries of Delaware Limited Liability Partnerships and Limited Liability Companies Barnes & Thornburg LLP
Nov
6
2014
Whose Burden Is it to Check for Mistakes in UCC Filings? Delaware Supreme Court Flips Bankruptcy Court’s Ruling in GM Bankruptcy Case Barnes & Thornburg LLP
Dec
16
2023
Duty to Advance Defense Expenses Should Mean What It Says Under D&O Policies Barnes & Thornburg LLP
Nov
19
2012
Delaware Supreme Court Alters Fiduciary Duty Landscape for LLCs Barnes & Thornburg LLP
May
29
2020
Delaware Supreme Court Holds Federal Forum Provisions Valid Barnes & Thornburg LLP
Mar
23
2022
D&O Policy ‘Related Claims’ Ruling Highlights Importance of How Your Policy is Written Barnes & Thornburg LLP
Aug
22
2014
The Wal-Mart Decision: Just How Big A Blow Did the Delaware Supreme Court Deal To Corporations? Barnes & Thornburg LLP
Jan
2
2015
Year in Review: Government Enforcement/Financial Litigation Developments Barnes & Thornburg LLP
May
1
2013
Anti-Assignment Provisions And Reverse Triangular Mergers Giordano, Halleran & Ciesla, P.C.
May
27
2014
Great Hill Equity Partners and the Attorney-Client Privilege in Corporate Mergers – Have We Opened Pandora’s Box? Giordano, Halleran & Ciesla, P.C.
Nov
14
2014
Is a Vice President an Officer Entitled to Indemnification or Advancement? Neal, Gerber & Eisenberg LLP
Jan
27
2012
Delaware Corporations Continue to Deploy Forum Selection Clauses to Counter Forum Shopping Neal, Gerber & Eisenberg LLP
Jun
30
2012
After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming Ifrah Law
Feb
11
2015
When it Comes to Incorporating Your Startup, Why Delaware?!? Varnum LLP
Sep
19
2018
Liability Considerations for Delaware Public Benefit Corporations Mintz
Jan
29
2020
Pre-Closing Covenants: Operating in the Ordinary Course of Business Mintz
Mar
28
2024
Delaware Bankruptcy Court Grants Derivative Standing to Creditors’ Committee to Sue Members and Officers of Delaware LLC Mintz
Dec
2
2015
Piercing The Corporate Veil Takes More Than Just Fraud By The Individual Mintz
Mar
15
2017
Delaware Bankruptcy Court Issues Important Guidelines Concerning Payment of Indenture Trustee’s Professional Fees Mintz
May
15
2020
Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage Mintz
Nov
23
2021
Delaware Supreme Court Upholds Advance Waiver of Statutory Appraisal Rights — Affirms Key Component of “Drag Along” Critical for M&A Exits for Venture-Backed Companies Mintz
Sep
2
2014
What Does Delaware’s Wal-Mart Decision Mean for the Attorney-Client Privilege and Internal Investigations? Mintz
Jun
22
2015
Data Security Breach Documents Sought in Home Depot Books-and-Records Suit Mintz
Dec
15
2014
On the Fifth Day of Privacy, California (and Delaware) gave to me...Five Golden Rules (Well, five new privacy laws/requirements) Mintz
Mar
20
2015
Delaware Legislature Introduces Rapid Arbitration Act Mintz
Jun
26
2019
Does Delaware Corporate Law Permit Director Proxy Voting? Mintz
Feb
5
2020
The Transportation and Climate Initiative (TCI): Everything You Need to Know, Part II: How Will TCI Work? Mintz
Jul
4
2013
Chancellor Strine Issues Important Decision Validating Board Adoption of Forum Selection Clause in Bylaws Mintz
 

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