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
10
2017
Gift Card Alert—Delaware Rewrites Its Unclaimed Property Law Morgan, Lewis & Bockius LLP
Jul
10
2017
Giving Telemedicine More Room to Breathe: Recent and Pending State and Federal Actions in the World of Online Prescribing Sheppard, Mullin, Richter & Hampton LLP
May
27
2014
Great Hill Equity Partners and the Attorney-Client Privilege in Corporate Mergers – Have We Opened Pandora’s Box? Giordano, Halleran & Ciesla, P.C.
Jan
13
2020
Health Care Provider Director and Officer Liability: Important Takeaways from Clovis and Marchand Foley & Lardner LLP
May
12
2015
Here’s One Way To Recover Attorneys’ Fees Without Adopting A Fee Shifting Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
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
Sep
30
2017
Holders Beware: Delaware Department of State Notices to be Mailed in Two Weeks! McDermott Will & Emery
May
16
2024
Home Means Nevada For This Corporation, But Its Heart Remains Exclusively With The Delaware Court Of Chancery Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
9
2020
How Capacity Exclusion and the Definition of Wrongful Act Impact Portfolio Company Directors IMS Legal Strategies
May
9
2024
How the Mandatory Indemnification Statutes of Nevada and Delaware Differ Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
17
2017
How The Proposed Fix To Delaware’s Stockholder Consent Statute Can Be Fixed Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
8
2021
How To Eliminate Accrued Dividends Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
12
2018
ICE Announces Enforcement Priorities, Raids Nearly 100 7-Eleven Stores Jackson Lewis P.C.
May
5
2021
If a Contract Claim Walks and Talks Like a Contract Claim, It is a Contract Claim K&L Gates
Feb
24
2021
If Director's Fiduciary Obligations Are Not Contractual, What About Rights To Indemnification? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
10
2022
If The Court Of Chancery Is Predictable, Why Does Anyone Bother To Go To Court? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
23
2012
Illinois Becomes Second State to Prohibit Employers from Requiring Access to Employees’ and Prospective Employees’ Social Media Web Sites Faegre Drinker
Oct
24
2018
Improper Venue Causes a Hatch-Waxman Case To Leave the District of Delaware Brinks Gilson & Lione
Oct
2
2019
In a $1.365 Billion Merger, the Target Company “Blindsided” the Proposed Buyer by Terminating the Merger Agreement and the Court Upheld the Termination; Court Requests Further Briefing Re the $126.5 Million Reverse Termination Fee K&L Gates
Aug
22
2019
In A Reckless Re-Price, Results Are Not Realized K&L Gates
Apr
1
2020
In A Section 262 Appraisal Rights Proceeding, Chancery Court Accepts A Modified Version Of Petitioners’ Valuation Of A Merging Company’s Stock K&L Gates
Apr
27
2022
In Matter of First Impression, Delaware Superior Court Calculates Value of Cryptocurrency for $25 Million Damages Award K&L Gates
Sep
11
2017
In Merger- Related Suit, Attorney-Client Privilege Prevailed Over Garner Challenge K&L Gates
May
3
2022
In re PWM Property Management: Creditors’ and Equity Holder’s Attempt to File and Solicit Competing Plan During Exclusivity Period Denied Squire Patton Boggs (US) LLP
Jul
8
2022
In re TPC Group Inc: Delaware Bankruptcy Court Determines that Issuance of Priming Senior Notes is Not Prohibited Absent Express Anti-Subordination Provision Bracewell LLP
Jan
10
2019
In re Tribune Co.: Allowance of Post-Petition Indenture Trustees Fees as Unsecured Claim Katten
Apr
7
2019
In Rejecting Defendants’ Motion For Dismissal, Chancery Court Finds That Individual Fiduciary May Be Held Liable For Trades That An Associated Entity Or Fund Makes K&L Gates
Nov
29
2018
In Ruling On Motion To Dismiss, Chancery Court Allows Admission Of Extrinsic Evidence To Resolve Ambiguity In Preferred Stock Certificate Of Designations K&L Gates
Aug
30
2017
In Statutory Merger Appraisal Proceeding, Chancery Court Declines Use of Discounted Cash Flow Analysis to Determine Fair Value and Upholds Deal Price as Best Indicator of Fair Value K&L Gates
Jul
3
2017
In Statutory Merger Appraisal Proceedings, Delaware Chancery Court, Using Discounted Cash Flow Analysis, Finds Fair Value of Shares to be Below Merger Transaction Price K&L Gates
Jan
9
2020
In This Case, The First Filed Case Was Last Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
16
2016
Inadvertent Proxy Voting Instruction Results in Denial of State Law Appraisal Claim Vedder Price
Nov
18
2016
Incorporating In Delaware May Not Eliminate Director Liability Under This California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
7
2023
Increased Risks, D&O Insurance Considerations, Following Delaware’s Extended Oversight Duties Hunton Andrews Kurth
Jul
17
2019
Indemnification Provided For Success on The Merits, Even if on a Technicality K&L Gates
 

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