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
Feb
22
2019
Surgery Partners, Inc. Fails To Excise Conflicts Infecting Three Interdependent Transactions K&L Gates
Feb
22
2019
Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
18
2019
For Cause Removal Must Be For Cause K&L Gates
Feb
12
2019
Federal Court Blocks Shareholder Inspection Of Delaware Corporation's Records Pursuant To California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
7
2019
Things Remembered Files for Chapter 11 Bankruptcy Protection Stark & Stark
Feb
6
2019
The Akorn Case – New Development in Delaware for Termination by Material Adverse Effect Robinson & Cole LLP
Feb
5
2019
Charlotte Russe Files for Chapter 11 Bankruptcy Protection Stark & Stark
Jan
31
2019
Delaware Courts Address Production of Emails and Other Electronically Stored Information In Response to Section 220 Demands Sheppard, Mullin, Richter & Hampton LLP
Jan
31
2019
Chancery Court Denies Motion to Dismiss Claim for Breach of Merger Agreement Earn-Out Efforts Provision K&L Gates
Jan
30
2019
The Importance of Documenting Corporate Actions: Delaware Supreme Court Requires Production of Emails in Books-and-Records Request Proskauer Rose LLP
Jan
29
2019
Time to Update Your Loan Documents Due To New Delaware “Divisive Merger” Law Steptoe & Johnson PLLC
Jan
29
2019
Delaware enacts law providing financial relief to federal employees impacted by shutdowns Ballard Spahr LLP
Jan
26
2019
California Court of Appeal Enforces Delaware Forum Selection Bylaw Sheppard, Mullin, Richter & Hampton LLP
Jan
18
2019
Employers Take Note: Minimum Wages Increase in States Across the Country Polsinelli PC
Jan
18
2019
The Delaware Bankruptcy Court Grapples With Section 546(e) Post-Merit Management 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
16
2019
Delaware Starts Unclaimed Property “Compliance Reviews” (Different from Audits) McDermott Will & Emery
Jan
16
2019
The Employment Law Landscape in 2019 Proskauer Rose LLP
Jan
14
2019
Delaware Court of Chancery Declares Ineffective Exclusive Federal Forum Provision for 1933 Act Claims Sheppard, Mullin, Richter & Hampton LLP
Jan
14
2019
Chancery Court Denies Dismissal Of Breach Of Fiduciary Duty Claims After Concluding That Stockholder Vote Was Not Informed K&L Gates
Jan
10
2019
In re Tribune Co.: Allowance of Post-Petition Indenture Trustees Fees as Unsecured Claim Katten
Jan
3
2019
Delaware State Court Holds That Medical Marijuana User May Proceed With Lawsuit Against Employer Jackson Lewis P.C.
Jan
2
2019
CAUTION: Director Veto Rights in Financing Documents May Constitute “Disproportionate Voting” Mintz
Jan
2
2019
Delaware Chancery Court Decision Highlights Limitations of Forum Selection Bylaws Womble Bond Dickinson (US) LLP
Dec
27
2018
No Rummaging Required: Chancery Court Rules Form 10-K Adequate to Discharge Duty of Disclosure When Provided Conspicuously and Concurrently with Stockholder Proxy K&L Gates
Dec
26
2018
Court Of Appeal Finds No Right To Sue Directors In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
21
2018
Delaware Chancery Court Rejects Fraud-Based and Uncapped Indemnification Claims of Great Hill Partners against the Founders of Plimus K&L Gates
Dec
20
2018
Delaware Court Declines To Apply California Labor Code Despite California Choice Of Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
19
2018
Some California Implications Of Delaware's New LLC Division Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
18
2018
Possibility of Wrongdoing Constitutes Proper Purpose in Section 220 Proceeding K&L Gates
Dec
17
2018
California Employee Can Agree to Non-Compete Clause When Represented by Counsel Greenberg Traurig, LLP
Dec
14
2018
Contract Language Must Be Unambigous For Chancery Court To Grant Dismissal As Matter Of Law 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
Dec
11
2018
Chancery Court Holds that Party Seeking Indemnification under Contract Procedure Loses Ability to Claim Excused Performance due to Material Breach K&L Gates
Dec
10
2018
Delaware Court Grapples With Enforcement of Choice of Law Provisions in Restrictive Covenant Agreements Jackson Lewis P.C.
Dec
10
2018
Why Your Next Director Might Not Be An LLC Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
30
2018
Stockholder’s Suit for Directors’ Fiduciary Breach Related to Acquisitions and Stock Repurchases Dismissed With Prejudice for Failure to Plead Demand Futility and to State Viable Claims K&L Gates
Nov
30
2018
Ex-Board Member of Homeowner's Association Sues for Improper Removal; Awarded a Proper Removal K&L Gates
Nov
29
2018
Back to Basics: Delaware Court of Chancery Uses Contract Principles To Determine Dispute Involving Several Provisions of a LLC Agreement K&L Gates
Nov
29
2018
In Ruling On Motion To Dismiss, Chancery Court Allows Admission Of Extrinsic Evidence To Resolve Ambiguity In Preferred Stock Certificate Of Designations K&L Gates
Nov
29
2018
Activist Stockholder Aided and Abetted a Board's Breach of Fiduciary Duties but the Court Finds No Damages K&L Gates
Nov
19
2018
David’s Bridal Says “I Do” to Chapter 11 Bankruptcy Filing Stark & Stark
Nov
19
2018
Upcoming/New CFIUS Filing: KCC Corporation/Wonik Holdings/SJL Partners and MPM Holdings Squire Patton Boggs (US) LLP
Nov
19
2018
Delaware Court of Chancery Finds Director Breaches of Fiduciary Duty and Aiding and Abetting Liability for Activist Investor in Shareholder Class Action Suit Cadwalader, Wickersham & Taft LLP
Nov
19
2018
Upcoming/New CFIUS Filing: Renesas Electronics and Integrated Device Technology Squire Patton Boggs (US) LLP
Nov
14
2018
Breaking-up Is Hard To Do: CSH Theatres, LLC v. Nederlander of San Francisco Associates K&L Gates
Nov
13
2018
Chancery Court Dismisses Derivative Suit Against Blue Bell Officers and Directors K&L Gates
Nov
12
2018
Court of Chancery Declares LLC Agreement Unenforceable, Rescinds Employment Agreement, and Issues Sanctions Due to Member’s Fraud K&L Gates
Nov
6
2018
Chancery Court Denies Appraisal Rights Where a Stockholders’ Agreement Requires that Stockholders Refrain from Appraisal Petition K&L Gates
Nov
2
2018
M&A Update: Delaware Supreme Court Clarifies the “Ab Initio” Requirement for Business Judgment Review of Controlling Stockholder Transactions in Flood v. Synutra Cadwalader, Wickersham & Taft LLP
 

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