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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Jan
27
2020
Fixing Void or Voidable Stock Issuances with Section 204 of the Delaware General Corporation Law ("DGCL") Mintz
Aug
2
2023
Lessons from Disney: The Exercise of the Corporate Voice is Protected Business Decision Mintz
Feb
1
2024
Options Cancelled. Lessons from Tesla's Pay Package Dispute Mintz
Apr
9
2014
Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less Mintz
Sep
4
2015
Overview of the Landscape for Evaluating Creditors’ Breach of Fiduciary Duty Claims in Delaware Mintz
Oct
24
2018
District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland Mintz
Jun
17
2019
Delaware Court Of Chancery Reaffirms Entire Fairness Standard In Director Compensation Mintz
Sep
25
2019
Why You Should Consider Incorporating Your Start-Up in Delaware Mintz
Jan
27
2020
Fiduciary Duties in M&A Transactions Mintz
Apr
8
2020
Delaware Governor Issues Order Clarifying Notice Requirements for Virtual-Only Shareholder Meetings due to COVID-19 Mintz
Feb
16
2023
Delaware Court of Chancery Extends the Fiduciary Duty of Oversight (i.e., Caremark Claims) to Corporate Officers Mintz
Sep
5
2015
363 Sale Denied because Secured Creditor not Paid in Full from Proceeds Mintz
Jan
2
2019
CAUTION: Director Veto Rights in Financing Documents May Constitute “Disproportionate Voting” Mintz
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
May
5
2013
Delaware Is Considering “Public Benefit Corporation” Legislation Faegre Drinker
Oct
2
2018
Delaware Joins Growing List of States Passing Anti-Harassment Legislation Faegre Drinker
Oct
29
2020
Election Night for Insurance Geeks: 2020 Edition Faegre Drinker
Jul
11
2013
Exclusive Forum Bylaws Upheld By Delaware Court Faegre Drinker
Mar
30
2020
Delaware Supreme Court Upholds Federal Forum Selection Provisions Requiring Securities Claims Be Brought in Federal Court Faegre Drinker
Aug
23
2012
Illinois Becomes Second State to Prohibit Employers from Requiring Access to Employees’ and Prospective Employees’ Social Media Web Sites Faegre Drinker
Nov
1
2014
Layne Christensen Settles SEC FCPA Probe Faegre Drinker
May
20
2020
Delaware Supreme Court Upholds Validity of Exclusive Federal Forum Provisions Faegre Drinker
Jul
22
2020
New Amendments to Delaware General Corporation Law Will Make It Easier for Companies to Become Public Benefit Corporations Faegre Drinker
 

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