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
Mar
23
2020
Delaware Governor Issues Statewide Order Closing All Non-Essential Businesses Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
20
2020
Supreme Court of Delaware Overturns Court of Chancery, Allowing Corporations To Enact Federal Forum Provisions to Keep Securities Act Claims In Federal Court Mintz
Mar
20
2020
Keeping it All in the Family Winstead
Mar
20
2020
Demand For Books And Records Under Section 220 To Aid In Proxy Contest Is Not A Proper Purpose, Chancery Court Finds K&L Gates
Mar
19
2020
Delaware Supreme Court Confirms That Federal Forum Provision Is Facially Valid, Reversing Court of Chancery Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2020
Transactions Involving Controlling Stockholder as a Result of Actual or Inherent Coercion are Subject to entire Fairness Standard of Review K&L Gates
Mar
19
2020
The Case Whose Name The Delaware Supreme Court Dare Not Speak Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
18
2020
Delaware Supreme Court Rules That Corporate Charters Can Require Litigation of Federal Securities Act Claims in Federal Court Proskauer Rose LLP
Mar
17
2020
Fire Extinguished?: Delaware Court Rules CallFire Platform May be an ATDS—At Least at the Pleadings Stage Troutman Amin, LLP
Mar
16
2020
Managing the Commercial Impact of the Coronavirus: Board Oversight and Implications of Marchand Foley & Lardner LLP
Mar
16
2020
Request for Attorneys’ Fees Denied Under Corporate Benefit Doctrine K&L Gates
Mar
11
2020
Court of Chancery Dismisses Breach of Contract Claims Against Manufacturer of Boeing Airplane Parts K&L Gates
Mar
10
2020
Delaware Court Of Chancery Allows Direct Claims For Breach Of Contract And Fraud To Proceed, Even After Dismissing Related Derivative Claims K&L Gates
Mar
10
2020
Delaware Franchise Taxes Are Around the Corner Winstead
Mar
9
2020
Directors Breach Fiduciary Duties In Coercive Self-Tender K&L Gates
Mar
5
2020
Vice Chancellor Veers Away from Delaware Section 220 Precedent Proskauer Rose LLP
Mar
2
2020
Delaware Holds That Directors May Choose Lower Value All-Cash Deal Over Stock Deal So Long As The Decision Is Made In Good Faith And Free Of Conflicts K&L Gates
Feb
27
2020
New Regulations Emphasize Discounts to Delaware Employers with Drug-Free Workplace Programs Epstein Becker & Green, P.C.
Feb
25
2020
Chancery Court Dismisses Derivative Action Alleging Caremark Claims K&L Gates
Feb
25
2020
Court of Appeal Has "No Comment" On Trulia Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
22
2020
Delaware Provides More Insight into the Scope of the Rights Derived by a Patent Term Extension Squire Patton Boggs (US) LLP
Feb
20
2020
Undisclosed Post-Merger Compensation Plan for CEO Also Serving as Lead Merger Negotiator Found Insufficient to Rebut Business Judgement Rule and Insufficient to Show Board Acted in Bad Faith K&L Gates
Feb
20
2020
Federal Court Denies Request of Foreign Companies to Conduct Discovery in the United States in Aid of a Foreign-Seated Arbitration Greenberg Traurig, LLP
Feb
18
2020
Books and Records: Court Explains a Failure to Clear the Sometimes Deceptively Challenging Credible Basis Hurdle K&L Gates
Feb
9
2020
How Capacity Exclusion and the Definition of Wrongful Act Impact Portfolio Company Directors IMS Legal Strategies
Feb
5
2020
Earth Fare Files for Liquidating Chapter 11 Bankruptcy Stark & Stark
Feb
5
2020
The Transportation and Climate Initiative (TCI): Everything You Need to Know, Part II: How Will TCI Work? Mintz
Feb
4
2020
Lawsuit Opposes Creation of Textbook Publishing Duopoly, But Omits a Critical Remedy MoginRubin
Feb
3
2020
A Statutory Inspection Claim Need Not Be Brought In The Foreign Company’s Home Jurisdiction, Even If That Foreign Jurisdiction Is Delaware Womble Bond Dickinson (US) LLP
Jan
29
2020
Pre-Closing Covenants: Operating in the Ordinary Course of Business Mintz
Jan
29
2020
Delaware Court of Chancery Finds No Showing of Actionable Claim Required to Inspect Books and Records Cadwalader, Wickersham & Taft LLP
Jan
27
2020
Fiduciary Duties in M&A Transactions Mintz
Jan
27
2020
Fixing Void or Voidable Stock Issuances with Section 204 of the Delaware General Corporation Law ("DGCL") Mintz
Jan
24
2020
Court of Chancery Expands Stockholder Right to Corporate Books and Records McDermott Will & Emery
Jan
22
2020
States’ Data Breach Notification Statute Amendments in Quarters 3-4 of 2019 Polsinelli PC
Jan
17
2020
Victory? Delaware Suggests an End to Contingency Compensation for Unclaimed Property Contract Auditors McDermott Will & Emery
Jan
16
2020
Delaware Health System Wins Summary Judgment Against Physician Terminated from Medical Staff: Talley v. Christiana Care Health System Polsinelli PC
Jan
13
2020
Health Care Provider Director and Officer Liability: Important Takeaways from Clovis and Marchand Foley & Lardner LLP
Jan
11
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
Jan
10
2020
The Transportation and Climate Initiative (TCI): Everything You Need to Know, Part I: What Is the TCI? Mintz
Jan
10
2020
Delaware Court of Chancery Grants Stockholder’s Section 220 Demand for Books and Records K&L Gates
Jan
9
2020
Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws… Jackson Lewis P.C.
Jan
9
2020
In This Case, The First Filed Case Was Last Allen Matkins Leck Gamble Mallory & Natsis 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
Jan
8
2020
Out of the Money: Breach of Fiduciary Duty Claim Survives Motion to Dismiss When the Board Approved an Asset Sale That Left no Consideration for the Common Unitholders K&L Gates
Jan
8
2020
The Delaware Court of Chancery Rejects Termination of Merger Agreement Based on Material Adverse Effect Cadwalader, Wickersham & Taft LLP
Dec
30
2019
Personal Information, Private Information, Personally Identifiable Information…What’s the Difference? Jackson Lewis P.C.
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
Dec
27
2019
Not Quite Instantaneous, Holmesian “Bad Men” Can Win By Knowing The Law: Plaintiffs Who Tried To Preserve Direct And Derivative Claims In A Settlement Agreement Failed To Realize That They Had Already Bargained Them Away K&L Gates
Dec
27
2019
Delaware Court of Chancery Dismisses Derivative Claims in Reliance on Exculpatory Language in Limited Liability Company Agreement K&L Gates
 

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