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
Jun
28
2011
Delaware Court Expands Restrictions on Assignment of Intellectual Property Licenses in Mergers and Acquisitions Greenberg Traurig, LLP
May
30
2013
Delaware Chancery's Latest on Business Judgment Rule Unification: In Re MFW Shareholders Greenberg Traurig, LLP
Mar
19
2014
Delaware Supreme Court Affirms that Controller Buyouts Can be Reviewed under the Business Judgment Rule If They Are Conditioned Up Front on Dual Approval Safeguards Greenberg Traurig, LLP
Feb
25
2019
Limits on Administrative Orders to Clean Up in Delaware Greenberg Traurig, LLP
Sep
12
2023
Update: Processing Sensitive Personal Information under U.S. State Privacy Laws Greenberg Traurig, LLP
May
31
2013
NetSpend: Delaware Chancery Criticizes Single-Buyer Negotiating, Use of DADW & Revlon Process, But Denies Injunction Greenberg Traurig, LLP
Jul
20
2013
Delaware Court of Chancery Upholds Facial Validity of Exclusive Forum Bylaws Adopted Unilaterally Greenberg Traurig, LLP
Jan
31
2014
Delaware Court of Chancery Upholds the Facial Validity of Organic Exclusive Forum Provisions, But Future “As‐ Applied” Challenges Could be a Different Matter Greenberg Traurig, LLP
Dec
17
2018
California Employee Can Agree to Non-Compete Clause When Represented by Counsel Greenberg Traurig, LLP
Feb
20
2020
Federal Court Denies Request of Foreign Companies to Conduct Discovery in the United States in Aid of a Foreign-Seated Arbitration Greenberg Traurig, LLP
Sep
23
2011
Creditors of a Delaware LLC Do Not Have Standing to Sue Derivatively and Must Rely on Contractual Remedies Greenberg Traurig, LLP
Jan
31
2014
Amendments to Delaware Limited Liability Company Act Confirm that Managing Members and Managers of Delaware Limited Liability Companies Owe Default Fiduciary Duties Greenberg Traurig, LLP
Jun
14
2016
Making Bankruptcy Remoteness More Remote in Delaware Greenberg Traurig, LLP
Apr
30
2024
Early 2024 Delaware Corporate and M&A Law Update Greenberg Traurig, LLP
Mar
18
2021
Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act [Podcast] Greenberg Traurig, LLP
Feb
6
2023
Delaware Court of Chancery Determines that Corporate Officers Owe Duty of Oversight: Practical Considerations Greenberg Traurig, LLP
Sep
24
2020
2020 Amendments to the General Corporation Law of the State of Delaware Greenberg Traurig, LLP
Mar
19
2021
Trade Secret Law Evolution Podcast Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act Greenberg Traurig, LLP
Nov
11
2011
DRBC Releases Final Draft Regulations on Natural Gas Development Greenberg Traurig, LLP
Apr
8
2013
Public Company M&A Development: Proposed Amendments to Section 251 of the Delaware General Corporation Law (DGCL) Should Lead to Increased Use of Negotiated Tender Offers Greenberg Traurig, LLP
Oct
17
2019
Oil and Gas Bankruptcies: More Added to the List Steptoe & Johnson PLLC
Jan
29
2019
Time to Update Your Loan Documents Due To New Delaware “Divisive Merger” Law Steptoe & Johnson PLLC
Feb
12
2015
Financial Product Search System Found Patent Ineligible Under Section 101 by Delaware Court Schwegman, Lundberg & Woessner, P.A.
Oct
16
2021
CareDx v. Natera – Are Processing Steps Known to the Art Always “Conventional”? Schwegman, Lundberg & Woessner, P.A.
Oct
31
2012
EPA Approves Temporary Fuel Waivers to Assist States Impacted by Hurricane Sandy U.S. Environmental Protection Agency
Sep
1
2015
Delaware Enacts First Privacy Law with Focus on Children Morgan, Lewis & Bockius LLP
Aug
11
2017
Delaware Blockchain Law Goes into Effect Morgan, Lewis & Bockius LLP
Nov
17
2017
Delaware Law Prohibits Employers from Requesting Compensation Information Morgan, Lewis & Bockius LLP
May
9
2015
Fleshing Out Creditor Derivative Standing in Delaware Morgan, Lewis & Bockius LLP
Sep
30
2016
Settlements of Director Compensation Litigation Raise Issues Morgan, Lewis & Bockius LLP
Sep
7
2017
Delaware Updates Data Breach Notification Obligations Morgan, Lewis & Bockius LLP
Sep
5
2014
Delaware Adopts New Data Destruction Law Morgan, Lewis & Bockius LLP
Feb
10
2017
Gift Card Alert—Delaware Rewrites Its Unclaimed Property Law Morgan, Lewis & Bockius LLP
Mar
1
2016
Non-Employee Director Limits in Equity Compensation Plans Morgan, Lewis & Bockius LLP
Aug
12
2015
Delaware Secretary of State’s Office Closing for Four Days During US Labor Day Holiday Morgan, Lewis & Bockius 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