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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Feb
1
2024
Energy & Sustainability Litigation Updates — February 2024 Mintz
Nov
11
2019
Energy & Sustainability M&A Activity – November 2019 Mintz
Aug
20
2014
Environmental Impact Analysis Required for Natural Gas Facilities Clarified in D.C. Circuit Decision Denying Residents’ Challenge to Compressor Siting Approval McDermott Will & Emery
Oct
31
2012
EPA Approves Temporary Fuel Waivers to Assist States Impacted by Hurricane Sandy U.S. Environmental Protection Agency
Sep
16
2020
EPA Expands NPL List - Is Your Company a Potentially Responsible Party? K&L Gates
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
May
7
2020
Equitable Relief Granted to Stop Board Coup K&L Gates
Jun
7
2016
Eric Pulier v. Computer Sciences Corp: He Had Vice President’s Title And Company Identified Him As “Management”, But He Was No Officer Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
8
2021
Ethylene Oxide Litigation Update CMBG3 Law
Aug
28
2023
Ethylene Oxide: Key Decision from Delaware Supreme Court CMBG3 Law
Dec
15
2014
Even if You Don't Sign on the Dotted Line – A Delaware LLC and its Members are Bound by the Company’s LLC Agreement, Whether or Not They Sign the Agreement Greenberg Traurig, LLP
Aug
4
2017
Even Languorous Litigation Must Abide Rule 12(B)(6), Chancery Court Holds K&L Gates
Feb
6
2023
Even-handed Thievery: SEC Sanctions Unregistered Investment Adviser for Fraudulent: I) Investment Advice, AND II) Filings for PPP Loans Norris McLaughlin P.A.
Nov
30
2018
Ex-Board Member of Homeowner's Association Sues for Improper Removal; Awarded a Proper Removal K&L Gates
Apr
4
2016
Examining Trulia's "Plainly Material" Standard for Disclosure-only Settlements and Practice Tips to Contour Settlements to Meet This New Standard in Delaware Widener University Delaware Law School
Jul
11
2013
Exclusive Forum Bylaws Upheld By Delaware Court Faegre Drinker
Oct
8
2021
Exculpatory Charter Provisions Provide Corporate Directors Greater Protection Against Derivative Suits Under Delaware's New "Universal" Test for Shareholder Demand Futility K&L Gates
Jul
10
2017
Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say Mintz
Jul
28
2015
Executive Compensation: Time to Focus on Directors’ Pay? Covington & Burling LLP
Dec
5
2014
Expedited Proceedings Denied iin Delaware Where Harm Is Only Speculative Katten
Aug
22
2023
Expert or Arbitrator? Resolving Purchase Price Adjustment Disputes Sheppard, Mullin, Richter & Hampton LLP
Jul
14
2022
Expert Testimony Excluded Based on Inadmissible Evidence McDermott Will & Emery
Nov
11
2014
Extraordinary Turnout and Discussions at ULC (Uniform Law Commission) Unclaimed Property Drafting Meeting McDermott Will & Emery
Oct
15
2021
Facebook Escapes Shareholder Derivative Suit as Court Questions Validity of Aronson and Finds Plaintiff Failed to Support Claims of Demand Futility K&L Gates
Sep
17
2020
Failed Breach of Contract Claims Underscore Chancery Court's Focus on Contractual Plain Language over Outside Evidence K&L Gates
May
19
2017
Failure to Make Demand to the Board of Directors Dooms 50% Owner's Breach of Fiduciary Duty Claims Against Co-Owner K&L Gates
Feb
22
2019
Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
25
2023
False Claims Act Investigation Is Covered Under Insured’s D&O Policy, Court Says Barnes & Thornburg LLP
Jan
17
2017
Family Businesses Should Carefully Consider Indemnification and Advancement Obligations Included In Limited Liability Company Operating Agreements Murtha Cullina
Jan
29
2024
Fast Forward to 2024: Latest Developments in Broadband Projects and BEAD Funding Squire Patton Boggs (US) LLP
Mar
24
2016
February 2016 Tax Credits & Incentives Update Horwood Marcus & Berk Chartered
Mar
6
2018
February 2018 - Commercial and IP Development Update Squire Patton Boggs (US) LLP
May
15
2020
Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage Mintz
Oct
7
2019
Federal Circuit Upholds Choice of Delaware Law for Non-Compete Barnes & Thornburg LLP
Feb
12
2019
Federal Court Blocks Shareholder Inspection Of Delaware Corporation's Records Pursuant To California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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