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
16
2020
Why Are Stockholders Of A Nevada Corporation Invoking The DGCL? Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
12
2022
17 Law Professors File Amicus Brief Assailing Corporate Democracy Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
21
2022
Delaware Now Authorizes Exculpation Of Officers, But On What Basis? Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
27
2013
Delaware Supreme Court Upholds Federalism, Comity & Finality Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
24
2014
The Legality Of Corporate Giving Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
18
2014
Is This Proposed Amendment To Delaware’s Stockholder Consent Statute Really Needed? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
8
2014
When It Comes To Director Compensation Claims, Nevada And Delaware Are Fundamentally Different Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
22
2014
Forum Selection Clauses Were Here Before They Were In Bylaws (Delaware) Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
9
2014
Should Judicial Deference To The SEC Be Strong, Weak or Non-Existent? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
13
2015
Stockholder Inspections Of Delaware Corporations In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
16
2015
Before Rapunzel There Was Rudabeh: Koehler v. NetSpend Holdings Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
23
2015
No Calm In Delaware After Calma v. Templeton - Corporate Litigation Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
19
2016
Is Section 141(d) Truly Oxymoronic? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
11
2016
Corporate Officers: Got Business Judgment Rule? Nevada Says Yes, Delaware Maybe Not Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
1
2017
Is Someone Else’s Purpose An Improper Purpose? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
25
2019
Court: Internal Affairs Yields To Choice Of Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
21
2019
Why Did Nevada Honor This Delaware Governor? Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
4
2019
Is The Court of Chancery Sending Cases To California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
14
2019
Is Something Missing From This Complaint Against The We Company? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
20
2020
Are Bylaws Contracts Under California Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
30
2020
California and Delaware Franchise Taxes Are Similar In Name Only Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
3
2022
Delaware Finally Catches Up To Nevada (Well, Not Quite) Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
24
2022
Is The End Of FINRA Drawing Nigh? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
21
2024
Vice Chancellor Laster Rules That It Is "Reasonably Conceivable" That Nevada Provides Greater Protection Against Fiduciary Liability Than Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
7
2013
Vice Chancellor’s Shareholders Litigation Order Sparks A Wortwechsel In The Blogosphere Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
5
2014
Shareholder Voting: What Good Can Come From Letting The Indifferent and Undecided Hold Sway? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
14
2015
This Stockholder Would Rather Fly To Delaware Than Drive To L.A. Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
24
2015
When It Comes To Director Compensation, California Is Not Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
22
2016
California Member Rights To Inspect Delaware LLC Records Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
10
2018
Why Your Next Director Might Not Be An LLC Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
12
2019
Federal Court Blocks Shareholder Inspection Of Delaware Corporation's Records Pursuant To California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
2
2019
Voting Rights Versus Voting Power - A Distinction With A Difference? Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
9
2020
California Court Rules Federal Forum Bylaw Provision To Be "Procedurally unconscionable. Indeed, glaringly so." Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
6
2023
Delaware's Immodest Embrace Of The Internal Affairs Doctrine Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
26
2023
Lawsuit Challenges TripAdvisor's Proposal To Move From Delaware To Nevada Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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