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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May
14
2015
Delaware SB 75 May Prove To Be Delaware’s Seven Sisters re: Corporations Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
25
2015
Delaware Court Of Chancery’s Not So Exclusive Jurisdiction Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
31
2016
Is Delaware General Corporation Law Really Modern Corporate Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
24
2016
Who Decides Whether Shareholder Has Complied With Advance Notice Bylaw? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
25
2016
Are Alternate Committee Members “Then Serving”? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
21
2016
Nevada Seizes Delaware’s Business Entity Formation Crown Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
17
2017
How The Proposed Fix To Delaware’s Stockholder Consent Statute Can Be Fixed Allen Matkins Leck Gamble Mallory & Natsis LLP
May
31
2018
Court Of Appeal Dismisses Case Based Certificate Of Incorporation' Forum Selection Clause Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
9
2020
In This Case, The First Filed Case Was Last Allen Matkins Leck Gamble Mallory & Natsis LLP
May
19
2020
Do Judges Need To Put Wax In Their Ears To Avoid Delaware's Siren Song? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
21
2020
Must A Corporation Have Bylaws? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
9
2021
You Won't Find This "Bedrock" Delaware Doctrine In California Case Law (At Least Not Yet) Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
8
2023
Will Mallory Derail Delaware's Dominance? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
2
2023
Does California Require "Reasonable Care" In A Board's Selection Of An Expert? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
16
2023
California Says Corporations And LLCs Can't Be Directors; The Securities Exchange Act Apparently Believes Otherwise Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
27
2024
Can "New Wave" Stockholder Agreements Catch A Wave In California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
24
2015
Delaware Corporations Law: Are Delaware Directors Deathless? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
7
2015
Did You Ever Wonder What You Might Do In California But Not Delaware? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
1
2016
The Scope Of Stockholder Inspection In California And Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
20
2017
Nevada Legislature Mulls Codification Of Internal Affairs Doctrine Allen Matkins Leck Gamble Mallory & Natsis LLP
May
1
2017
Corporate Law: California And Van Gorkom [Smith v. Van Gorkom] Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
13
2017
Nevada Precedes Delaware In Blockchain Legislation Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
14
2021
Beneficial Owner Has No Right To Inspect Delaware Corporation's Books Under California Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
8
2022
When A Meeting Of Directors Is Not Meet Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
23
2022
A First Sighting Of Zuckerberg Decision In California Allen Matkins Leck Gamble Mallory & Natsis LLP
May
1
2023
TripAdvisor Suit Invites Delaware To Become The Hotel California Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
22
2024
Segway Segues Over Choice of Law Question Inherent in Officer Caremark Claims Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
22
2024
Does Delaware Discriminate Against the Deaf and Hearing Impaired? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
19
2014
Why Biolase v. Oracle Partners, L.P. May Not Be The Last Word On Director Resignations Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
31
2014
Attorney-Client Privilege in the Corporate Setting: Delaware Likes Garner -- California Not So Much Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
18
2014
9th Circuit Upholds Issue Preclusion In Subsequent Derivative Suit Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
10
2015
Does The Power To Choose Not Include The Power To Remove? Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
6
2016
Why Some Delaware Corporations Should Be Careful About Relying On This Vice Chancellor’s Ruling Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
7
2016
Eric Pulier v. Computer Sciences Corp: He Had Vice President’s Title And Company Identified Him As “Management”, But He Was No Officer Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
12
2018
Court Rules Registration To Transact Intrastate Business Does Not Establish General Jurisdiction Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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