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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Nov
30
2020
India: Intersection of Private International Law and Taxation: Bombay High Court Applies Lex Domicilii Rule in Tax Matters Nishith Desai Associates
Apr
20
2019
Inspection Rights Are Not Granted For Fishing Expeditions K&L Gates
Sep
27
2019
Institutional Investor Advocacy Group Proposes Limits to Multi-Class Voting by Delaware Companies Katten
Feb
18
2021
Insurance Cybersecurity Certifications: A State Roundup Sheppard, Mullin, Richter & Hampton LLP
Nov
24
2020
Insurer Ordered to Clean Up Robot Vacuum Cleaner’s IP-Related Suit Hunton Andrews Kurth
Mar
27
2021
Interpretation fo an LLC Agreement with Respect to the Appointment and Removal of Board Members is Strictly Based on the Plain Language Contained in the Four Corners of the LLC Agreement K&L Gates
Jul
23
2018
Invention Assignment Agreements – How to Avoid Pitfalls Foley & Lardner LLP
Jun
30
2023
Investment Diligence: Why Your Delaware Partnership Agreement Means What It Says Winstead
Jul
18
2022
Is a Public Benefit Corporation Right for Your Mission-Driven Business? Mintz
Nov
14
2014
Is a Vice President an Officer Entitled to Indemnification or Advancement? Neal, Gerber & Eisenberg LLP
Nov
15
2022
Is Crypto Collapsing? Miller Canfield
Mar
31
2016
Is Delaware General Corporation Law Really Modern Corporate Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
12
2013
Is Delaware’s Hegemony Over Corporate Law About To End? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
19
2016
Is Section 141(d) Truly Oxymoronic? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
1
2017
Is Someone Else’s Purpose An Improper Purpose? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
14
2019
Is Something Missing From This Complaint Against The We Company? Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
4
2019
Is The Court of Chancery Sending Cases To California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
24
2022
Is The End Of FINRA Drawing Nigh? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
24
2024
Is The General Counsel Ipso Facto a Corporate Officer? Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
25
2014
Is The LLC A Party To Its Own Operating Agreement in California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
20
2019
Is The West Coast The Best Coast? Mitchell Silberberg & Knupp LLP
May
18
2017
Is There A “Revlon Duty” In California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
18
2014
Is This Proposed Amendment To Delaware’s Stockholder Consent Statute Really Needed? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
10
2023
Is This The Case That Ate Delaware Corporate Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
27
2019
Is Your “Securities Claim” Actually Covered Under Your D&O Policy? A Review of In Re Verizon Insurance Coverage Appeals Carlton Fields
Nov
17
2022
It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy Court Decisions Widen Rifts on Make-Whole Premiums and Postpetition Interest ArentFox Schiff LLP
Jul
1
2019
It’s Not What You Thought You Signed That Counts: Chancery Court Rejects Plaintiffs’ Claims For Breach of Contract Plaintiffs Thought They Had Made K&L Gates
May
16
2022
Judge Connolly Issues Three New Orders Impacting Patent Cases K&L Gates
May
23
2018
Judge Juxtaposes California And Delaware Insider Trading Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
27
2014
Judge Rules Choice Of Law Waives California Corporate Securities Law Claim Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
28
2014
Kahn v. M&F Worldwide Corporation: Delaware Supreme Court Clarifies Standard of Review for Interested Transactions Faegre Drinker
Mar
20
2020
Keeping it All in the Family Winstead
Apr
2
2019
Know Thyself: Self-Awareness In Corporate Valuations K&L Gates
Jan
27
2021
L Brands Executives Face Derivative Suit Proskauer Rose LLP
Aug
4
2021
L Brands Settles Derivative Suits Proskauer Rose LLP
 

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