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
8
2021
Price Gouging Weekly Roundup: February 8, 2021 Proskauer Rose LLP
Jun
21
2021
Price Gouging Weekly Round Up - June 21, 2021 Proskauer Rose LLP
May
23
2022
Preparation of Corporate and M&A Documents for Proposed 2022 Delaware Corporate Law Amendments Greenberg Traurig, LLP
Jan
29
2020
Pre-Closing Covenants: Operating in the Ordinary Course of Business Mintz
Dec
18
2018
Possibility of Wrongdoing Constitutes Proper Purpose in Section 220 Proceeding K&L Gates
Aug
27
2020
Ponzi Scheme Discovery Boom May Follow in the Wake of Worldwide Economic Contraction: Case Law Update and Key Takeaways for Defending Aiding and Abetting Claims Greenberg Traurig, LLP
Dec
10
2021
Policyholder Prevails (Again) in Delaware D&O Retention Dispute Hunton Andrews Kurth
Apr
17
2018
Plaintiffs Were Unable To Rouse Support For Their Position That A Minority Stockholder Was A Controller And Breached Fiduciary Duties Because They Did Not Plead Sufficient Facts K&L Gates
May
14
2020
Plaintiff Entitled to Inspect Additional Documents Where Proper Purpose Demonstrated as To Mismanagement and Wrongdoing K&L Gates
Aug
5
2019
Plaintiff Alleged Facts Sufficient To Support Claims Against Defendants To Survive A Motion To Dismiss K&L Gates
Apr
22
2021
Pinterest Diversity Suits Multiply Proskauer Rose LLP
Dec
2
2015
Piercing The Corporate Veil Takes More Than Just Fraud By The Individual Mintz
May
26
2012
Pick the Right Rule Book When You Plan the Sale of a Company Dinsmore & Shohl LLP
Nov
13
2023
PFAS State AG Lawsuits Update: Delaware Enters the Fray CMBG3 Law
May
16
2023
PFAS Litigation Forces Company To Seek Bankruptcy Protection – Will Others Follow? CMBG3 Law
Dec
30
2019
Personal Information, Private Information, Personally Identifiable Information…What’s the Difference? Jackson Lewis P.C.
Aug
5
2019
Perkins & Marie Callender Files for Chapter 11 Bankruptcy Stark & Stark
Sep
28
2016
Pennsylvania and Delaware Corporate Income Tax News Faegre Drinker
Nov
15
2022
PBM Regulatory Roundup (Fall 2022): State Medicaid Enforcement Efforts Continue As Legislative Activity Slows Down Mintz
Jun
1
2018
Pay Equity Audits: Holding a Mirror to Current Compensation Practices Epstein Becker & Green, P.C.
Apr
25
2017
Pay Attention to Bylaws When Taking Corporate Actions Murtha Cullina
Oct
16
2013
Paving the Way for More Tender Offers: DGCL 251(h) Streamlines Two-Step Merger Process McDermott Will & Emery
Nov
8
2012
Patent War Between St. Jude Medical and Volcano Has Mixed Results Faegre Drinker
Mar
3
2021
Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware Sheppard, Mullin, Richter & Hampton LLP
Jan
8
2020
Partnership Agreement May Provide Grounds for Relief in Case Involving Drop in Unit Price Following Disclosure of General Partner's Intent to Exercise Call Right K&L Gates
May
1
2024
Parties Beware—Noncompliance with Delaware ABC Statute Can Lead to Serious Consequences (US) Squire Patton Boggs (US) LLP
Sep
17
2019
Part 24 of “The Restricting Covenant” Series: Choice of Law and Covenants Not to Compete Faegre Drinker
Jul
2
2018
Part 15 of “The Restricting Covenant” Series: Non-Competes, Trade Secrets and Corporate Espionage Faegre Drinker
Mar
12
2024
Palkon v. Maffei: Delaware’s Warning Shot to Controlling Stockholders Seeking to Evade Fiduciary Duties by Reincorporating Foley & Lardner LLP
Sep
4
2015
Overview of the Landscape for Evaluating Creditors’ Breach of Fiduciary Duty Claims in Delaware Mintz
Aug
3
2020
Oracle Special Litigation Committee Defeats Motion to Compel Production of Protected Work Product K&L Gates
Feb
1
2024
Options Cancelled. Lessons from Tesla's Pay Package Dispute Mintz
Jul
21
2015
Opposition to the Uniform Fiduciary Access to Digital Assets Act Holland & Hart LLP
Mar
25
2014
Online Protection for Children: Delaware following California? Mintz
Dec
15
2014
On the Fifth Day of Privacy, California (and Delaware) gave to me...Five Golden Rules (Well, five new privacy laws/requirements) Mintz
 

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