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 Organization
May
16
2020
Court Of Chancery Applies Entire Fairness Standard To Stock Sale Approved By Interested Board Of Directors K&L Gates
May
15
2020
Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage Mintz
May
15
2020
Court of Chancery Analyzes LLC Valuation Reports in Connection with Breach of Fiduciary Duty K&L Gates
May
15
2020
Court Holds Trustee Did Not Abuse Discretion in Rejection Competing Acquisition Proposal for Liquidated Entity's Assets K&L Gates
May
14
2020
Plaintiff Entitled to Inspect Additional Documents Where Proper Purpose Demonstrated as To Mismanagement and Wrongdoing K&L Gates
May
13
2020
Derivative Suit Dismissed for Failing to Plead Demand Futility K&L Gates
May
13
2020
Distressed Property and the Delaware Statutory Trust Structure: What New Capital Sources Need to Consider Polsinelli PC
May
11
2020
Delaware Court Of Chancery Interprets “Sufficient Particularity” Pleading Standard Under Rule 23.1 K&L Gates
May
11
2020
No Country for Price Gouging: States Can Punish Price Gouging Without Price Gouging-Specific Laws Proskauer Rose LLP
May
8
2020
Proposed Amendments to the Delaware General Corporation Law Concerning Virtual Shareholder Meetings During Emergency Conditions Katten
May
7
2020
Windfall or Fair? Breach of Fiduciary Duty and Unjust Enrichment Claim Survives Motion to Dismiss K&L Gates
May
7
2020
Equitable Relief Granted to Stop Board Coup K&L Gates
May
6
2020
Chancery Orders Accounting For Payments To Former Director And Ceo Affiliate; Rejects Most Breach Of Fiduciary Duty Claims K&L Gates
May
5
2020
Court Of Chancery Dismisses Excessive Pay Claims K&L Gates
May
5
2020
Chancery Court Calls Plaintiffs’ Bet Granting in Part & Denying in Part Partial Motion to Dismiss Breach of Fiduciary Duty Claims in Case Alleging Failure to Disclose Material Facts and Structuring a Transaction for Defendants’ Personal Financial Benefit K&L Gates
May
4
2020
Delaware Chancery Court Declines to Blue-Pencil Overly Broad Noncompete Agreement; Casts Doubt on Choice of Law Provisions Faegre Drinker
May
4
2020
Delaware Court of Chancery Limits Member's Sole and Exclusive Right to Cause Company to Undertake a Qualified IPO to Mere Right of Approval K&L Gates
Apr
30
2020
Massachusetts Nonsolicitation Case Highlights Importance of Choice-of-Law Provisions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2020
Stockholder’s Breach Of Fiduciary Duty Claim Against Chairman Of Barnes & Noble Education, Inc. Dismissed By Delaware Court Of Chancery K&L Gates
Apr
30
2020
Delaware Governor Issues Order Imposing Obligations on Businesses Regarding the Use of Face Coverings Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2020
Court of Chancery Applies Entire Fairness Standard to PennyMac’s Reorganization Transaction K&L Gates
Apr
29
2020
Delaware Court of Chancery Addresses Pleading ‘With Particularity’ Under Rule 23.1 Sheppard, Mullin, Richter & Hampton LLP
Apr
28
2020
Court Reviews Fiduciary Disclosure Obligations In Connection With Seeking Investments K&L Gates
Apr
24
2020
"Fuss" Majeure: Lessons from the Early Outbreak of Covid v. Contract Cases Mintz
Apr
24
2020
CFTC Grants Bitnomial Exchange, LLC Status as a Designated Contract Market Katten
Apr
24
2020
Court of Chancery Holds That Sole, Conflicted General Partner Cannot, By Reason of Conflict, Delegate Its other Valid Power to Manage Derivative Litigation K&L Gates
Apr
23
2020
Un-PAUSE New York: What Empire State Employers Need to Know About Reopening the Workplace Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
20
2020
Chancery Court Finds Plaintiff’s Claims of Fraud, Breach of Fiduciary Duty, and Related Claims, Pass Muster Under 12(b)(6) K&L Gates
Apr
18
2020
Court of Chancery Denies Italian Citizen’s Motion to Dismiss K&L Gates
Apr
17
2020
Delaware Court of Chancery Denies Italian Citizen's Motion to Dismiss K&L Gates
Apr
17
2020
Delaware Denies Interlocutory Appeal Of Ordinary Advancement Entitlement Decision K&L Gates
Apr
15
2020
Delaware Court Of Chancery Dismisses Petition For Equitable Dissolution Of An LLC By A Non-Member K&L Gates
Apr
14
2020
Delaware Court of Chancery Applies Narrow Arbitration Provision in Member Dispute; Stays Claims Pending Arbitration K&L Gates
Apr
10
2020
First Circuit: Massachusetts Employee Must Abide by a Restrictive Covenant Governed by a Delaware Choice of Law Clause – the More Things Change, the More They Stay the Same, Part II Epstein Becker & Green, P.C.
Apr
9
2020
Delaware Court of Chancery Finds That “Blocking Rights” Exercised by Minority Investors May Amount to an “Actual Control” Position K&L Gates
Apr
8
2020
Update: SEC Extends Filing Extension Relief to Form 10-K Part III Information; Delaware’s Governor Issues Revised Emergency Order Permitting Change in Annual Meeting Location Without Additional Mailing Bracewell LLP
Apr
8
2020
Delaware Governor Issues Order Clarifying Notice Requirements for Virtual-Only Shareholder Meetings due to COVID-19 Mintz
Apr
7
2020
Delaware Chancery Holds Early Committee Appointment Necessary to Cleanse Conflict from Corporate Transactions Proskauer Rose LLP
Apr
7
2020
Caremark Claim Dismissed Due to Inadequate Pleading of Demand Futility K&L Gates
Apr
6
2020
Directorial Duties To Creditors - Getting To The Bottom Of The California Trust Fund Theory Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
4
2020
Second Circuit Holds that Registering to do Business in New York Under Section 1301 of the Business Corporation Law Does Not Constitute Consent to General Personal Jurisdiction in New York Courts Sheppard, Mullin, Richter & Hampton LLP
Apr
3
2020
Delaware Governor Orders High-Risk Essential Businesses to Conduct Screenings Upon Entry Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
1
2020
Court Of Chancery Orders Specific Performance Of Merger Agreement, Finding That Fraud Contained In FDA Filings For Approval Of Target Product Did Not Rise To A “Material Adverse Effect” 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
Mar
31
2020
Court pf Chancery Finds Deal Price Exceeded Fair Value, But Company Nonetheless Not Entitled to Refund for Prepayment of Deal Price to Dissenting Stockholders K&L Gates
Mar
30
2020
Delaware Supreme Court Upholds Federal Forum Selection Provisions Requiring Securities Claims Be Brought in Federal Court Faegre Drinker
Mar
30
2020
Delaware Supreme Court Rejects Challenge to Federal Forum Provisions Requiring Securities Act Claims to Be Brought in Federal Court Cadwalader, Wickersham & Taft LLP
Mar
30
2020
Court of Chancery Rules on the Applicability of Forum Selection Clauses to Non-Signatories to a Contract and a Plaintiff’s Burden in Alleging Breach of the “Commercially Reasonable Efforts” Standard K&L Gates
Mar
30
2020
Chancery Court Finds That Res Judicata Bars Plaintiff's Demand for Information Rights Under Merger Agreement K&L Gates
Mar
28
2020
Alleged Scheme to Exercise Partnership Agreement Call Right at Unfair Price Supports Breach, Tortious Interference Claims K&L Gates
 

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