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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Mar
11
2013
Protecting Yourself Against Changes in Contractual Counterparties Michael Best & Friedrich LLP
Apr
18
2017
Corporate Director Liability: Corwin v. KKR Fin. Holdings Cannot Cleanse Everything Dinsmore & Shohl LLP
Feb
25
2012
Should Investors Buck the Status Quo with LLCs? Dinsmore & Shohl LLP
May
12
2016
Don’t Be Cruel to a Heart That’s True: Private Equity Acquisition - Hartley v. Consol. Glass Holdings, Inc., C.A. Dinsmore & Shohl LLP
Dec
3
2015
Majority Owner’s New Blueprint for Forcing out Minority Owners Dinsmore & Shohl LLP
Apr
30
2012
Boilerplate 101: Governing Law Dinsmore & Shohl LLP
May
26
2012
Pick the Right Rule Book When You Plan the Sale of a Company Dinsmore & Shohl LLP
Mar
5
2013
The United States of Online Gaming Dinsmore & Shohl LLP
Oct
9
2015
Delaware Supreme Court rules that friendship and business relationships together are enough to challenge director’s independence Dinsmore & Shohl LLP
Jan
7
2016
Contract Agreements: Transaction in Hand is Worth Two in Bush Dinsmore & Shohl LLP
Aug
23
2017
Martha Stewart's Stock Sale Recipe Dinsmore & Shohl LLP
Apr
19
2016
Financial Disclosures in Delaware: Show Me The Money Dinsmore & Shohl LLP
Jan
2
2019
Delaware Chancery Court Decision Highlights Limitations of Forum Selection Bylaws Womble Bond Dickinson (US) LLP
Apr
21
2023
Delaware Extends Exculpation Rights to Senior Officers: Updates and Guidance on Corporate Charter Amendments Womble Bond Dickinson (US) LLP
Oct
15
2014
Nevada and D.C. Courts Give Priority of Position to HOA Assessment "Superliens" Over First Mortgages Womble Bond Dickinson (US) LLP
Feb
3
2020
A Statutory Inspection Claim Need Not Be Brought In The Foreign Company’s Home Jurisdiction, Even If That Foreign Jurisdiction Is Delaware Womble Bond Dickinson (US) LLP
Jun
3
2014
Delaware Legislature Asked To Address Corporate Fee-Shifting Bylaws After ATP Tour Decision Womble Bond Dickinson (US) LLP
Sep
1
2021
Delaware Court: Redactions in Court Filings Should Not Be an Afterthought Womble Bond Dickinson (US) LLP
Nov
30
2021
District of Delaware Chief Judge Denies Request for Early Motion for Summary Judgment and Will Not Refer to Magistrates Citing Strain on Judicial Resources Womble Bond Dickinson (US) LLP
Feb
4
2022
Delaware Court Denies Motion to Dismiss NPE’s Direct Infringement Claims Despite Sparse Allegations Womble Bond Dickinson (US) LLP
Nov
13
2023
Delaware Becomes 12th US State to Enact Comprehensive Data Privacy Law Womble Bond Dickinson (US) LLP
Oct
22
2019
Recent Director and Executive Compensation Lawsuits Heighten Need for Robust Corporate Governance Womble Bond Dickinson (US) LLP
Aug
25
2022
Delaware Judge Enforces Patent Case Disclosure Requirements Womble Bond Dickinson (US) LLP
Oct
6
2021
District of Delaware Judge Stops Practice of Referring Certain 12(b)(6) Motions to Magistrates Womble Bond Dickinson (US) LLP
Jan
11
2022
Minority Shareholders and Their Fiduciary Duties: Other Jurisdictions ArentFox Schiff LLP
Nov
17
2022
It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest ArentFox Schiff LLP
Jun
2
2022
The Delaware Supreme Court’s Second Major Opinion on the Secondary Life Market Offers Substantial Protections for Investors ArentFox Schiff LLP
Oct
22
2021
Two Common Threshold Issues in LLC Ownership Disputes: Choice of Law and Subject Matter Jurisdiction ArentFox Schiff LLP
Apr
12
2022
When Do Minority Shareholders Owe Fiduciary Duties? What Jurisdictions Across the Country Say ArentFox Schiff LLP
Apr
3
2012
The BankAtlantic Bancorp Decision — Roadblock or Detour to Open Bank Sale of Distressed Banks? ArentFox Schiff LLP
Sep
24
2015
Delaware Chancery Court Provides Important Guidance on Going-Private Transactions; Awards $148 Million Dollars in Damages ArentFox Schiff LLP
Oct
25
2022
The Delaware Court of Chancery Limits the Scope of "Sale of Business" Noncompetes ArentFox Schiff LLP
Apr
27
2022
Attorney-Client Privilege Issues: When Directors Can Access Privileged Corporate Records ArentFox Schiff LLP
Jul
1
2015
Fee-Shifting and Forum Selection Clauses: Delaware Passes New Legislation ArentFox Schiff LLP
Jun
7
2018
Cybersecurity Legal Compliance Update: Spring 2018 Brings Sea Change to Data Breach Notification Laws Ryley Carlock & Applewhite, A Professional Corporation
 

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