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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Nov
22
2021
Historic Boeing Derivative Settlement Funded By D&O Insurers: How to Ensure Directors and Officers Land Safely With Side A DIC Insurance Hunton Andrews Kurth
Mar
21
2018
Director Equity Award Limit in LTIPs: How Companies are Addressing it this Proxy Season in Light of Recent Delaware Case Law Hunton Andrews Kurth
Sep
25
2023
Delaware Supreme Court Affirms that D&O Insurer Must Cover Settlement of Alleged False Claims Act Violations Hunton Andrews Kurth
Jun
2
2014
Proposed Legislation Would Prohibit Fee-Shifting Bylaws for Delaware Stock Corporations Hunton Andrews Kurth
Mar
12
2015
Proposed Delaware Legislation Would Prohibit Fee-Shifting Provisions for Stock Corporations Hunton Andrews Kurth
Sep
10
2015
Delaware Courts Scrutinize Recent Proposed Settlement Agreements – A Harbinger of Fewer M&A “Transaction Tax” Lawsuits? Hunton Andrews Kurth
Jul
12
2021
When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action Hunton Andrews Kurth
Aug
24
2021
Delaware Court Upholds Policyholder’s Choice of Forum, Denies Insurers’ “First-Filed” Argument Following Race to the Courthouse Hunton Andrews Kurth
Jul
29
2022
T-Mobile to Pay $500 Million to Settle Claims Related to 2021 Breach Hunton Andrews Kurth
Aug
30
2021
D&O Insurer Must Fund $18 Million Defense of Mortgage Broker in Fed’s Investigation of False Claims Act Violations Hunton Andrews Kurth
Apr
1
2024
Recent Delaware Coverage Decisions on Relatedness Leaves D&O Claim Uncertainties Hunton Andrews Kurth
Feb
4
2022
Delaware Corporations May Use Captives to Insure Non-Indemnifiable Loss Hunton Andrews Kurth
Jul
3
2013
Board-Adopted Forum Selection Bylaws Upheld by Delaware Court of Chancery Hunton Andrews Kurth
May
14
2015
Delaware Chancery Court Holds Director Equity Awards Issued Under a Stockholder-Approved Plan Subject to Review under the Entire Fairness Standard Hunton Andrews Kurth
Dec
10
2021
Policyholder Prevails (Again) in Delaware D&O Retention Dispute Hunton Andrews Kurth
Feb
27
2024
Year in Review: Top Insurance Cases of 2023 Hunton Andrews Kurth
Jun
26
2015
Delaware Passes Legislation Prohibiting Fee-Shifting Bylaws and Validating Exclusive Forum Selection Bylaws for Stock Corporations Hunton Andrews Kurth
Mar
11
2021
Delaware Supreme Court Doles Out Landmark Choice-of-Law Decision in Dole Food Case Hunton Andrews Kurth
Dec
14
2023
End of Year Consideration: Withholding Requirements Under New Jersey’s New Convenience of the Employer Rule Hunton Andrews Kurth
May
15
2014
Delaware Supreme Court Finds Fee-Shifting Bylaw Permissible Hunton Andrews Kurth
Sep
18
2014
Delaware Chancery Court Provides Further Support for Forum Selection Bylaws Hunton Andrews Kurth
Oct
22
2015
Death Knell for the Merger Tax on Disclosure-Only Settlements in Delaware? Hunton Andrews Kurth
Jul
20
2023
Delaware Could Become the 13th State to Enact a Comprehensive State Privacy Law Hunton Andrews Kurth
Jun
24
2014
Delaware Delays Consideration of Proposed Prohibition on Fee-Shifting Bylaws for Delaware Stock Corporations Hunton Andrews Kurth
Feb
7
2023
Increased Risks, D&O Insurance Considerations, Following Delaware’s Extended Oversight Duties Hunton Andrews Kurth
Oct
30
2017
Anticipated Acts of Infringement May Establish Venue for Hatch-Waxman McDermott Will & Emery
Jan
24
2020
Court of Chancery Expands Stockholder Right to Corporate Books and Records McDermott Will & Emery
Dec
12
2013
Financial Advisory Update McDermott Will & Emery
Jan
26
2017
Breaking News: Unclaimed Property Legislation Passes Delaware General Assembly McDermott Will & Emery
Jul
7
2021
Board Motives Matter: Delaware Supreme Court Remands Dilutive Stock Sale Case McDermott Will & Emery
Aug
3
2021
2021 Amendments to Delaware Entity Statutes McDermott Will & Emery
Jan
10
2012
Defendants’ State of Incorporation Is Entitled to Little Weight in Transfer-of-Venue Analysis McDermott Will & Emery
Sep
30
2016
New Delaware Unclaimed Property Decision Further Complicates Landscape McDermott Will & Emery
Sep
30
2017
Holders Beware: Delaware Department of State Notices to be Mailed in Two Weeks! McDermott Will & Emery
Sep
22
2023
Baker’s Dozen: Delaware Becomes 13th State to Enact State Consumer Privacy Law McDermott Will & Emery
 

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