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 Sort descending Organization
Aug
13
2020
District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege Egregious Infringing Conduct Mintz
Oct
6
2021
District of Delaware Judge Stops Practice of Referring Certain 12(b)(6) Motions to Magistrates Womble Bond Dickinson (US) LLP
Jun
30
2022
Divided Delaware Supreme Court Decision Highlights Issues About Director Independence in Derivative Actions Proskauer Rose LLP
May
19
2020
Do Judges Need To Put Wax In Their Ears To Avoid Delaware's Siren Song? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
23
2023
Does A Board Have a Fiduciary Duty to Eliminate Delaware Franchise Taxes by Reincorporating in Nevada? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
2
2023
Does California Require "Reasonable Care" In A Board's Selection Of An Expert? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
11
2019
Does Caremark Apply To California Corporations? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
26
2019
Does Delaware Corporate Law Permit Director Proxy Voting? Mintz
Apr
22
2024
Does Delaware Discriminate Against the Deaf and Hearing Impaired? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
29
2024
Does Delaware Have Personal Jurisdiction Over Controlling Stockholders? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
12
2019
Does Incorporation In Delaware Constitute "Abuse Of The Corporation"? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
3
2019
Does Section 1782 Apply to Discovery in Private International Commercial Arbitration Proceedings? Greenberg Traurig, LLP
Aug
10
2015
Does The Power To Choose Not Include The Power To Remove? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
2
2018
Doing Business In California – When Can an Out-of-State Employer’s Non-Compete Provision Stand? Squire Patton Boggs (US) LLP
May
26
2015
Doing The Math On Delaware Derivative Settlements Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
3
2016
Domestic Self-Settled Trusts in Delaware - TrustCo Bank v. Matthews Odin, Feldman & Pittleman, P.C.
Sep
22
2023
Don't Say You Weren't Warned! Court Of Appeal Declines To Enforce Delaware Forum Selection Clause In Delaware Corporation's Certificate Of Incorporation Allen Matkins Leck Gamble Mallory & Natsis 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
Jul
16
2014
Don’t Leave It Out of Your Earn-Out – Delaware Court of Chancery Addresses Implied Covenant of Good Faith and Fair Dealing in the Context Contingent Purchase Price Provisions Greenberg Traurig, LLP
Oct
22
2021
Don’t Sit on Your Legal Rights, Even with Your Family – Master in Chancery Recommends Dismissal of Former Member’s Claims Against His Family LLC, Based on Laches K&L Gates
Dec
1
2017
Draft Regulations Issued That Could Ban High-Volume Hydraulic Fracturing in the Delaware River Basin Ballard Spahr LLP
Nov
11
2011
DRBC Releases Final Draft Regulations on Natural Gas Development Greenberg Traurig, LLP
Dec
16
2023
Duty to Advance Defense Expenses Should Mean What It Says Under D&O Policies Barnes & Thornburg LLP
Apr
28
2023
Early 2023 Delaware Corporate and M&A Law Review Greenberg Traurig, LLP
Feb
11
2023
Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now? Sheppard, Mullin, Richter & Hampton LLP
Apr
30
2024
Early 2024 Delaware Corporate and M&A Law Update Greenberg Traurig, LLP
Oct
8
2019
Earn-out Provision of Merger Agreement Requires Extrinsic Evidence to Aid Interpretation K&L Gates
Feb
5
2020
Earth Fare Files for Liquidating Chapter 11 Bankruptcy Stark & Stark
Jul
22
2020
Efficient Breach of Contracts in the COVID-19 Era Robinson & Cole LLP
Dec
27
2017
Efforts Continue to Strengthen Equal Pay Laws in 2017 Epstein Becker & Green, P.C.
Oct
29
2020
Election Night for Insurance Geeks: 2020 Edition Faegre Drinker
Sep
22
2022
Elimination of the Duty of Care In Delaware? Statutory Exculpation of Officers: Recent Amendment to Section 102(B)(7) of the Delaware General Corporation Law Mintz
Jan
18
2019
Employers Take Note: Minimum Wages Increase in States Across the Country Polsinelli PC
Jun
4
2023
En Banc Ninth Circuit Upholds Delaware-Forum Bylaw That Prevents Assertion of Federal Proxy Claim in Derivative Action Proskauer Rose LLP
Dec
14
2023
End of Year Consideration: Withholding Requirements Under New Jersey’s New Convenience of the Employer Rule Hunton Andrews Kurth
 

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