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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Jul
4
2013
Chancellor Strine Issues Important Decision Validating Board Adoption of Forum Selection Clause in Bylaws Mintz
Mar
17
2014
Delaware Upholds Business Judgment Review for Controlling Stockholder Mergers If Minority Is Protected Mintz
Sep
9
2014
Delaware Court of Chancery Upholds North Carolina Forum Selection Bylaw for Delaware Corporation Mintz
Jan
21
2015
“Appraisal Arbitrage” Receives Boost from Delaware Court of Chancery Mintz
Jun
27
2019
District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland and In re Cray Mintz
May
1
2017
Another Reminder that Director Limits set forth in Equity Plans Allow Director Compensation to be Reviewed Under More Lenient Business Judgment Rule Mintz
Oct
3
2018
Delaware Court Finds “Material Adverse Effect” Allows Buyer to Terminate Merger Agreement: Akorn, Inc. v. Fresenius Kabi AG Mintz
Aug
6
2019
Three Things to Learn from Delaware Supreme Court’s Opinion on Board of Director Oversight Duties (Marchand v. Barnhill) Mintz
May
20
2020
COVID-19 and Down-Round Financings Mintz
Jan
25
2024
Delaware Court Significantly Limits the State of Delaware's Climate Change Lawsuit Against Major Fossil Fuel Companies Mintz
Dec
19
2017
Athletes and their Biometric Data – Who Owns It and How It Can Be Used Mintz
Feb
7
2018
The Bubbler – February 2018 Mintz
Jan
17
2019
Delaware Chancery Court Holds Corporations Cannot Enact Federal Forum Provisions To Bypass Cyan and Preclude State Courts from Hearing Securities Act Claims Mintz
Jan
10
2020
The Transportation and Climate Initiative (TCI): Everything You Need to Know, Part I: What Is the TCI? Mintz
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
Sep
8
2012
When a Special Committee Is Not So Special Mintz
Nov
2
2014
Business Judgment Rule Protects Board’s Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk Mintz
Sep
14
2017
The Mintz Matrix – September 2017 Mintz
Dec
19
2017
Lower Courts Continue to Grapple with Venue in the Wake of In re Micron and In re Cray Mintz
Jan
18
2019
The Delaware Bankruptcy Court Grapples With Section 546(e) Post-Merit Management Mintz
Jul
2
2020
Motion to Add Willful Infringement Charge Based Entirely on Post-Suit Activity Is Granted…Because It Is Unopposed Mintz
Nov
15
2022
PBM Regulatory Roundup (Fall 2022): State Medicaid Enforcement Efforts Continue As Legislative Activity Slows Down Mintz
Mar
27
2015
Delaware Bar Proposes Amendments to Ban Fee-Shifting Provisions and Allow Delaware-Only Forum Selection Provisions in Corporate Charters and Bylaws Mintz
Aug
29
2017
Delaware Court Holds that Trademark License Cannot be Assigned Without Consent Mintz
Jun
23
2021
Redefining “Business as Usual” in the Time of COVID Mintz
Sep
19
2022
Amendment to Delaware Law Permits Exculpation of Officers in Corporate Charters Mintz
Feb
4
2015
More on California Non-Competes – But This Time from Delaware Mintz
May
26
2015
Why Directors and Officers Should Demand a Separate Indemnification Agreement Mintz
Mar
15
2016
Directors and Officers' Ultimate Escape from Personal Liability Mintz
Jul
10
2017
Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say Mintz
Jul
5
2019
The Bubbler - July 2019 Mintz
Feb
2
2014
Are Credit Bids in a Deep Freeze? Mintz
Mar
25
2014
Online Protection for Children: Delaware following California? Mintz
May
20
2014
The Case That Could Significantly Disrupt How Companies Manage Their Gift Card Programs and Could Create Billions of Dollars in Exposure Mintz
Jun
6
2019
Directors Beware — Your Emails and Texts Could Be Subject to Inspection Under Delaware Law Mintz
 

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