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
2021
L Brands Executives Face Derivative Suit Proskauer Rose LLP
Jun
21
2021
Price Gouging Weekly Round Up - June 21, 2021 Proskauer Rose LLP
Jan
5
2023
Delaware Chancery Court Denies Dismissal of Challenge to SPAC Merger Disclosures Proskauer Rose LLP
Dec
15
2023
Delaware Chancery Court Holds that High Standard for Oversight Liability Applies to Corporate Officers Proskauer Rose LLP
Jan
25
2024
Staying Afloat in an Uncertain Economic World: Hope for the Best, Prepare for the Worst Private Credit Restructuring Year in Review Proskauer Rose LLP
Jul
26
2017
Delaware Chancellor Urges Revision of Preclusion Principles in Derivative Actions Proskauer Rose LLP
Jul
14
2022
A Conjunction is Worth Thousands of Dollars: Recent Case Highlights Significance of “And” vs. “Or” Proskauer Rose LLP
Jul
21
2023
Negotiating with a Noob M&A Target? Go Easy on Them, says Delaware Chancery Proskauer Rose LLP
Aug
2
2017
Delaware Authorizes Stocks on Blockchain Proskauer Rose LLP
May
11
2020
No Country for Price Gouging: States Can Punish Price Gouging Without Price Gouging-Specific Laws Proskauer Rose LLP
May
13
2022
Ninth Circuit Upholds Delaware-Forum Bylaw That Precludes Assertion of Federal Proxy Claim Proskauer Rose LLP
Jul
6
2015
Delaware Supreme Court Holds Tooley Direct vs. Derivative Rule Is No Bar to Parent Corporation’s Contract Claim Proskauer Rose LLP
Sep
20
2017
Veil Piercing/Alter Ego Determinations – How Fund Managers Can Protect Themselves Proskauer Rose LLP
Nov
16
2022
SolarWinds: A Lesson on How Companies Victimized by Data Breaches Can Quickly Become the Target of Litigation and Regulatory Investigations Proskauer Rose LLP
Jan
31
2024
Delaware Supreme Court Validates Forfeiture-For-Competition Provision in Unanimous Reversal of Chancery Court Proskauer Rose LLP
Jan
25
2016
Delaware Court of Chancery Rejects Another Disclosure-Only M&A Settlement and Warns of "Increasingly Vigilant" Scrutiny Proskauer Rose LLP
Apr
19
2016
No General Jurisdiction Over Out-of-State Firms Registering to Do Business in Delaware Proskauer Rose LLP
Jan
20
2017
Race to Courthouse in Shareholder Derivative Actions Could Raise Due-Process Issues Proskauer Rose LLP
May
18
2022
Delaware Becomes Latest State to Institute Paid Family and Medical Leave Proskauer Rose LLP
Dec
20
2023
Private Credit Restructuring Trends: New Delaware Law Aids Secured Creditors in Getting Deals Done Out of Court Proskauer Rose LLP
Oct
3
2014
Fiduciary Access to Digital Assets and Accounts - Uniform Fiduciary Access to Digital Assets Act “UFADAA” Proskauer Rose LLP
Nov
16
2015
Delaware Enacts Comprehensive Online Privacy Protection Law Proskauer Rose LLP
Jan
30
2019
The Importance of Documenting Corporate Actions: Delaware Supreme Court Requires Production of Emails in Books-and-Records Request Proskauer Rose LLP
Nov
19
2021
Qualcomm Escapes Diversity Suit Proskauer Rose LLP
Jul
20
2022
Delaware Supreme Court Allows Use of “Reliable” Hearsay to Support Books-and-Records Demand Proskauer Rose LLP
Jun
4
2023
En Banc Ninth Circuit Upholds Delaware-Forum Bylaw That Prevents Assertion of Federal Proxy Claim in Derivative Action Proskauer Rose LLP
Nov
21
2014
Business-Judgment Rule Applied in NY to Going-Private Transaction Where Procedural Protections Exist Proskauer Rose LLP
Feb
17
2015
Delaware Independent Director Liability in Control Buyout Cases Proskauer Rose LLP
Apr
7
2020
Delaware Chancery Holds Early Committee Appointment Necessary to Cleanse Conflict from Corporate Transactions Proskauer Rose LLP
Oct
8
2020
Are Antitrust Risk Allocation Provisions in Merger Agreements Worthless? Proskauer Rose LLP
May
20
2024
Remote Employees & Workplace Sexual Harassment Prevention Training Proskauer Rose LLP
May
6
2015
Delaware Legislature to Consider New Fee-Shifting Legislation Proskauer Rose LLP
Mar
5
2020
Vice Chancellor Veers Away from Delaware Section 220 Precedent Proskauer Rose LLP
Feb
8
2021
Price Gouging Weekly Roundup: February 8, 2021 Proskauer Rose LLP
Aug
4
2021
L Brands Settles Derivative Suits Proskauer Rose LLP
 

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