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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Dec
15
2017
Delaware Court of Chancery Rejects Lawyer-Driven Stockholder Books and Records Demand in Wilkinson v. Schulman Polsinelli PC
Feb
20
2015
Delaware Court of Chancery Rejects Share-Tracing Standing Requirement for Appraisal Petitioners Sheppard, Mullin, Richter & Hampton LLP
Mar
20
2015
Delaware Court of Chancery Restricts Board’s Ability to Subject Former Shareholders to New Bylaws Katten
Jun
20
2014
Delaware Court of Chancery Rules That a Major Debt Holder and 48 Percent Stockholder Is a Controlling Stockholder and Owes Fiduciary Duties to Minority Stockholders Katten
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
Apr
4
2019
Delaware Court of Chancery Strictly Interprets Merger Agreement in Finding That Rent-A-Center, Inc. Properly Terminated Its Proposed Merger with Vintage Rodeo Cadwalader, Wickersham & Taft LLP
Feb
29
2016
Delaware Court of Chancery to Increase Scrutiny of Disclosure Settlements Polsinelli PC
May
31
2019
Delaware Court of Chancery Underscores Importance of Contracting Ahead of Time to Preserve the Seller's Attorney-Client Privilege in Post-Merger Litigation Polsinelli PC
Feb
20
2014
Delaware Court of Chancery Upholds Forum Selection Bylaws McDermott Will & Emery
Oct
31
2019
Delaware Court of Chancery Upholds Forum Selection Clause in LLC Agreement Under State Law K&L Gates
Jun
30
2013
Delaware Court of Chancery Upholds Forum Selection Provisions in Bylaws Katten
Sep
9
2014
Delaware Court of Chancery Upholds North Carolina Forum Selection Bylaw for Delaware Corporation Mintz
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
Apr
10
2017
Delaware Court of Chancery Upholds Validity of General Release Between Company and Former President, Grants Summary Judgment in Former President's Favor K&L Gates
Aug
16
2019
Delaware Court Of Chancery Uses Company’s Unaffected Market Price To Determine Fair Value In Appraisal Action K&L Gates
Sep
25
2015
Delaware Court Of Chancery’s Not So Exclusive Jurisdiction Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
21
2015
Delaware Court Poised To Decide Whether Directors Are Agents Allen Matkins Leck Gamble Mallory & Natsis 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
Jan
24
2014
Delaware Court Rules in Favor of Former LLC Member in LLC’s Competition Claim Katten
Jan
16
2015
Delaware Court Rules That Beneficial Stockholder May Seek Appraisal in Its Own Name Katten
Sep
4
2019
Delaware Court Ruling Creates New Wrinkle for Defendants Evaluating Appraisal Claims Gilbert LLP
Jul
10
2017
Delaware Court Shuts Down Creditor’s “Unreasonable” Motion to Amend its Proof of Claim Squire Patton Boggs (US) LLP
Jan
25
2024
Delaware Court Significantly Limits the State of Delaware's Climate Change Lawsuit Against Major Fossil Fuel Companies Mintz
Aug
24
2021
Delaware Court Upholds Policyholder’s Choice of Forum, Denies Insurers’ “First-Filed” Argument Following Race to the Courthouse Hunton Andrews Kurth
Sep
1
2021
Delaware Court: Redactions in Court Filings Should Not Be an Afterthought Womble Bond Dickinson (US) LLP
Jan
31
2019
Delaware Courts Address Production of Emails and Other Electronically Stored Information In Response to Section 220 Demands Sheppard, Mullin, Richter & Hampton LLP
Sep
10
2015
Delaware Courts Scrutinize Recent Proposed Settlement Agreements – A Harbinger of Fewer M&A “Transaction Tax” Lawsuits? Hunton Andrews Kurth
Feb
2
2014
Delaware Decision Makes It Increasingly Difficult for Insurers to Evade Coverage for Dissolved Corporations Gilbert LLP
Jun
24
2014
Delaware Delays Consideration of Proposed Prohibition on Fee-Shifting Bylaws for Delaware Stock Corporations Hunton Andrews Kurth
Apr
17
2020
Delaware Denies Interlocutory Appeal Of Ordinary Advancement Entitlement Decision K&L Gates
Sep
6
2016
Delaware District Court Upholds Eligibility Of Personalized Medicine Method Claims For FANAPT Foley & Lardner LLP
Apr
18
2023
Delaware Does And Doesn't Define "Officer" Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
1
2013
Delaware Embraces Doing Business in a Responsible and Sustainable Way Faegre Drinker
Nov
20
2013
Delaware Embraces General Solicitation Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
16
2015
Delaware Enacts Comprehensive Online Privacy Protection Law Proskauer Rose LLP
 

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