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.

Custom text Title Organization Sort descending
May
19
2015
Delaware Supreme Court Holds That a Stockholder Plaintiff Must Plead a Non-Exculpated Claim to Avoid Section 102(b)(7)-Based Dismissal When Seeking Damages From Independent and Disinterested Directors Sheppard, Mullin, Richter & Hampton LLP
Jun
9
2016
Delaware Chancery Court Rejects Management Buyout Merger Price as Best Evidence of Fair Value in Appraisal Proceeding Sheppard, Mullin, Richter & Hampton LLP
Feb
22
2017
Delaware Court Affirms Utility of Non-Reliance Clause in Dismissing Fraud Claim Sheppard, Mullin, Richter & Hampton LLP
Oct
1
2021
Delaware Supreme Court Holds that Equity Dilution and Expropriation Claims May Only Be Brought Derivatively, Overruling Prior Precedent Sheppard, Mullin, Richter & Hampton LLP
Sep
13
2023
State Comprehensive Privacy Laws – The “First State” Officially Becomes the Thirteenth State with a Comprehensive Data Privacy Law Sheppard, Mullin, Richter & Hampton LLP
Jul
8
2011
Delaware Supreme Court Holds That Insider Trading Claims Alleging Misuse of Confidential Corporate Information Need Not Show Injury To the Corporation Sheppard, Mullin, Richter & Hampton LLP
Jul
20
2018
Delaware Chancery Court Strictly Construes Appraisal Statute to Deny Stockholders Appraisal Rights in a Reverse Triangular Merger Sheppard, Mullin, Richter & Hampton LLP
Mar
15
2021
“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite Sheppard, Mullin, Richter & Hampton LLP
Jun
7
2013
Delaware Court Provides Critical Guidance as to the Commercial Reasonableness of a UCC Article 9 Foreclosure Sale Sheppard, Mullin, Richter & Hampton LLP
Mar
8
2016
Delaware Court of Chancery Increases Scrutiny on Disclosure-Only M&A Class Action Settlements Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2020
Delaware Supreme Court Confirms That Federal Forum Provision Is Facially Valid, Reversing Court of Chancery Sheppard, Mullin, Richter & Hampton LLP
Jul
28
2020
Board Guidance: Getting To Business Judgment Rule Deference When You Have A Controlling Stockholder Sheppard, Mullin, Richter & Hampton LLP
Dec
30
2021
Delaware Supreme Court Shines Spotlight on Boilerplate Purchase Agreement Provisions Sheppard, Mullin, Richter & Hampton LLP
Jan
26
2024
CFPB and Attorneys General Sue Debt-Relief Enterprise Sheppard, Mullin, Richter & Hampton LLP
Mar
5
2024
Delaware Court of Chancery Puts Practitioners on Notice Regarding Voting Formalities Around Merger Agreements Sheppard, Mullin, Richter & Hampton LLP
Sep
26
2011
ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim Sheppard, Mullin, Richter & Hampton LLP
Mar
21
2014
Delaware Court of Chancery Grants Summary Judgment Dismissing Breach of Fiduciary Duty Claims In Absence of Evidence of Directors’ “Conscious Disregard” of Fiduciary Duties Sheppard, Mullin, Richter & Hampton LLP
Dec
23
2014
California Court of Appeal Applies Delaware Law to Deny Discovery in Shareholder Derivative Action Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2015
California and Delaware Courts Agree: Amendments to Corporate Bylaws Do Not Apply Retroactively to Impair Pursuit Previously Accrued Claims Sheppard, Mullin, Richter & Hampton LLP
Jan
19
2017
Delaware Supreme Court Confirms Dilution Claims Typically Are Derivative and Are Extinguished After Merger Sheppard, Mullin, Richter & Hampton LLP
Jul
25
2018
Not So Fast – Challenges in Reincorporating from California to Delaware Sheppard, Mullin, Richter & Hampton LLP
Jan
26
2019
California Court of Appeal Enforces Delaware Forum Selection Bylaw Sheppard, Mullin, Richter & Hampton LLP
Jun
5
2019
Delaware Chancery Court Provides Useful Guidance for Protecting Pre-Merger Privileges in Post-Closing Litigation Between Buyers and Sellers Sheppard, Mullin, Richter & Hampton LLP
Apr
4
2020
Second Circuit Holds that Registering to do Business in New York Under Section 1301 of the Business Corporation Law Does Not Constitute Consent to General Personal Jurisdiction in New York Courts Sheppard, Mullin, Richter & Hampton LLP
May
29
2020
Delaware Court of Chancery Strictly Construes Right to Discovery of Stockholders Represented By a Contractually Created “Shareholder Representative” Sheppard, Mullin, Richter & Hampton LLP
Aug
18
2020
Delaware Court of Chancery Applies the Internal Affairs Doctrine to Deny Stockholder Inspection Rights Under a Foreign State’s Law Sheppard, Mullin, Richter & Hampton LLP
Jun
11
2010
Delaware Chancery Court Dismisses Derivative Plaintiff's Section 220 Books And Records Action Sheppard, Mullin, Richter & Hampton LLP
Oct
17
2011
Delaware Supreme Court Clarifies When a Series of Dispositions will not Trigger an "All or Substantially All" Indenture Covenant Sheppard, Mullin, Richter & Hampton LLP
May
26
2015
Delaware Chancery Court Holds that Creditor Plaintiffs in Derivative Suits May Satisfy Standing Requirement by Showing Corporation’s Insolvency at Time of Suit, Regardless of Later Solvency Sheppard, Mullin, Richter & Hampton LLP
Oct
17
2018
Getting to Business Judgment in an Interested Transaction: Controlling Stockholder Must Put Procedural Protections in Place Prior to the Commencement of Economic Negotiations Sheppard, Mullin, Richter & Hampton LLP
Feb
18
2021
Insurance Cybersecurity Certifications: A State Roundup Sheppard, Mullin, Richter & Hampton LLP
Oct
11
2021
Delaware Supreme Court Adopts New Three-Prong Test for Demand Futility Sheppard, Mullin, Richter & Hampton LLP
Jun
11
2010
When Are Goods Received For The Purpose Of Asserting Administrative Priority Status Under Section 503(b)(9) Of The Bankruptcy Code? Sheppard, Mullin, Richter & Hampton LLP
Apr
23
2014
Delaware Increases Annual Franchise Taxes Michael Best & Friedrich LLP
Aug
4
2014
Delaware Amends its General Corporation Law, Limited Liability Company and Limited Partnership Acts Michael Best & Friedrich LLP
 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins