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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Jun
24
2020
Court of Chancery Hesitates to Dismiss Lawsuit, Stays Litigation Pending Texas Lawsuit K&L Gates
Feb
3
2023
Court of Chancery Holds That Corporate Officers Owe Duty of Oversight McDermott Will & Emery
Jan
29
2018
Court of Chancery Holds That Corwin Defense Is Not Appropriate for the Limited Scope and Purpose of a Books and Records Action Under Section 220 K&L Gates
Jul
8
2019
Court Of Chancery Holds That Member Of Limited Liability Company Is Entitled To Advancement While Defending A Lawsuit In Its “Official Capacity” K&L Gates
May
15
2018
Court of Chancery Holds that Plaintiff Failed to Meet Burden of Proof with Respect to Mistake-Based Reformation Claim K&L Gates
Jul
10
2017
Court of Chancery Holds That Shareholder Satisfied Burden of Proof under Section 220 to Show Credible Basis to Infer That Company Misled Shareholders Regarding Biggest Client K&L Gates
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
Jul
13
2017
Court of Chancery Holds That Structurally Coercive Stockholder Vote Does Not Ratify Fiduciary Actions Related To Shares Issuance and Proxy Grant To Stockholder K&L Gates
Feb
11
2018
Court of Chancery Holds There Must be a Gap in Agreement for an Implied Covenant of Good Faith and Fair Dealing K&L Gates
Mar
16
2019
Court of Chancery Invalidates Charter-Based Federal Forum Provision K&L Gates
Oct
30
2018
Court Of Chancery Judicially Validates Company's Ratification of Defective Corporate Acts, Therefore Rejecting Bid to Unwind Merger K&L Gates
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
Feb
3
2015
Court Of Chancery Rejects Delaware Choice Of Law in Covenant Not to Compete Litigation Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
1
2021
Court Of Chancery Rules Delaware Choice Of Law Does Not Defeat California Securities Law Claim Allen Matkins Leck Gamble Mallory & Natsis 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
Jul
21
2020
Court of Chancery Sheds Light on the Appropriate Amount of Reserves for Corporations in Dissolution K&L Gates
May
8
2019
Court of Chancery Sides with Papa John's Founder on Books and Records Inspection Demand K&L Gates
Jun
6
2022
Court of Chancery's Increased Scrutiny of Non-Bankruptcy Liquidations 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
Apr
11
2019
Court Refuses To Reform Contract Failing To Find A Scrivener’s Error K&L Gates
Sep
9
2019
Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee Jackson Lewis P.C.
Jul
21
2020
Court Relies on Canons of Construction to Find LLC Agreement Consent Right Inapplicable to Contemplated Sale of Subsidiary Stock K&L Gates
Apr
28
2020
Court Reviews Fiduciary Disclosure Obligations In Connection With Seeking Investments K&L Gates
Dec
12
2018
Court Rules Registration To Transact Intrastate Business Does Not Establish General Jurisdiction Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
16
2019
Court To Sellers: Stockholder Notice Rights Matter K&L Gates
Mar
25
2019
Court: Internal Affairs Yields To Choice Of Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
19
2019
Courts Are Siding with Employees Who Use Medical Marijuana McDermott Will & Emery
May
20
2020
COVID-19 and Down-Round Financings Mintz
Mar
23
2020
COVID-19 Directors’ Duties of Oversight: Reporting and Monitoring Sheppard, Mullin, Richter & Hampton LLP
Aug
5
2020
COVID-19: Delaware's 2020 Amendments To Its General Corporation Law Respond To COVID-19 And More K&L Gates
Aug
5
2020
COVID-19: Delaware's 2020 Amendments to Its General Corporation Law to Respond To COVID-19 And More K&L Gates
Apr
22
2021
COVID-19: US State Policy Report – April 16-20, 2021 Squire Patton Boggs (US) LLP
May
4
2021
COVID-19: US State Policy Report – April 28-29, 2021 Squire Patton Boggs (US) LLP
Aug
27
2020
COVID-19: US State Policy Report – August 26, 2020 Squire Patton Boggs (US) LLP
Aug
5
2020
COVID-19: US State Policy Report – August 4, 2020 Squire Patton Boggs (US) LLP
 

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