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
Jul
16
2018
Chancery Court Awards Damages For Breach Of Fiduciary Duty Stemming From Director's Refusal To Sign Self-Help Documents K&L Gates
Jul
16
2018
Chancery Court Awards Fees In Corporate Benefit Doctrine Case K&L Gates
Jul
13
2018
Chancery Court Clarifies “Constituent Corporation” K&L Gates
Jul
11
2018
Consent To Jurisdiction Does Not Equal Mandatory Forum Selection K&L Gates
Jul
9
2018
Delaware’s New Telemedicine Rules: Top Four Changes to Know Foley & Lardner LLP
Jul
2
2018
Part 15 of “The Restricting Covenant” Series: Non-Competes, Trade Secrets and Corporate Espionage Faegre Drinker
Jun
29
2018
Chancery Court Sets Fair Value in Appraisal Action Below the Valuations Suggested by the Parties K&L Gates
Jun
26
2018
Motion For a Temporary Restraining Order Of Controlling Stockholders Denied as No Extraordinary Circumstances Found K&L Gates
Jun
26
2018
Chancery Court Allows Complaint Alleging Waste of Corporate Assets to Move Forward to Discovery as a Result of Extreme Facts K&L Gates
Jun
19
2018
Chancery Court Finds Request For Specific Enforcement Of A Partnership Interest Call Right Is Proved By Clear and Convincing Evidence K&L Gates
Jun
15
2018
Manager is Entitled to Books and Records in Capacity as Manager, and as a Member Under the LLC Agreement, Despite Assertion of Improper Purpose K&L Gates
Jun
15
2018
Misunderstanding Regarding Dates Does Not Provide Grounds to Reform Earn-Out Provision in Purchase Agreement, Rules Chancery Court K&L Gates
Jun
15
2018
Whom Do You Serve? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
14
2018
Chancery Court Denies In Part Motion To Dismiss Breach Of Contract And Breach Of Fiduciary Duties Claims K&L Gates
Jun
7
2018
Cybersecurity Legal Compliance Update: Spring 2018 Brings Sea Change to Data Breach Notification Laws Ryley Carlock & Applewhite, A Professional Corporation
Jun
5
2018
California Court of Appeal Enforces Delaware Forum Selection Clause Contained in Certificate of Incorporation Sheppard, Mullin, Richter & Hampton LLP
Jun
1
2018
Pay Equity Audits: Holding a Mirror to Current Compensation Practices Epstein Becker & Green, P.C.
May
31
2018
Court Of Appeal Dismisses Case Based Certificate Of Incorporation' Forum Selection Clause Allen Matkins Leck Gamble Mallory & Natsis LLP
May
31
2018
Chancery Court Finds that Interested Directors Breached Their Fiduciary Duties in Granting Themselves Stock Options But Awards Nominal Damages K&L Gates
May
29
2018
Court of Chancery Dismisses Breach of Fiduciary Duty Claim as Duplicative of Breach of Contract Claim K&L Gates
May
25
2018
Controlling Stockholder Cannot Advance its own Self-Interest at Expense of Minority Stockholders K&L Gates
May
23
2018
Judge Juxtaposes California And Delaware Insider Trading Law Allen Matkins Leck Gamble Mallory & Natsis LLP
May
22
2018
Federal Judge Applies California Insider Trading Statute To Delaware Corporation Allen Matkins Leck Gamble Mallory & Natsis LLP
May
18
2018
Chancery Court Denies Motion to Dismiss Brought by Defendant Tesla Motors, Inc., After Concluding that Elon Musk is a Controlling Stockholder 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
May
2
2018
Chancery Court Nullifies Dissolution Of Limited Liability Companies For Failure To Set Aside A Reserve To Satisfy Known Claims K&L Gates
Apr
30
2018
Chancery Court Limits Access to Books and Records Based on Stockholder's Failure to State Purpose in Section 220 Demand K&L Gates
Apr
23
2018
Bankruptcy Venue Reform: Are The District of Delaware And The Southern District Of New York At Risk? Squire Patton Boggs (US) LLP
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
Apr
16
2018
Chancery Court Finds Credible Basis for Demand to Inspect Books and Records of UnitedHealth in Connection With Possible Medicare Overbilling K&L Gates
Apr
16
2018
Delaware Chancery Court Finds Elon Musk May Be Controlling Stockholder of Tesla Motors Cadwalader, Wickersham & Taft LLP
Apr
6
2018
Delaware State Bar Association Council Releases Proposed Amendments to the Delaware General Corporation Law Katten
Apr
5
2018
Chancery Court Evaluates Objective Factors To Determine Partners' Subjective Beliefs K&L Gates
Apr
5
2018
Multi-Billion Dollar Investment Manager And Directors Remain At Risk K&L Gates
Mar
26
2018
M&A Update: A Trio of Recent Delaware Decisions Discount Deal Price In Appraisal Litigation Cadwalader, Wickersham & Taft LLP
Mar
26
2018
Board’s Failure to Adhere to Best Practices in Drug Clinical Trial Does Not Excuse Stockholder Demand as Futile K&L Gates
Mar
26
2018
Top Three Changes in Delaware’s New Proposed Telemedicine Rules Foley & Lardner LLP
Mar
21
2018
Director Equity Award Limit in LTIPs: How Companies are Addressing it this Proxy Season in Light of Recent Delaware Case Law Hunton Andrews Kurth
Mar
19
2018
Teen Fashion Retailer Claire’s Files for Chapter 11 Protection Stark & Stark
Mar
16
2018
Court of Chancery Clarifies Method of Determining Specific Advancements K&L Gates
Mar
6
2018
February 2018 - Commercial and IP Development Update Squire Patton Boggs (US) LLP
Feb
22
2018
Chancery Court Applies Contract Terms to Clarify Difference Between Void and Voidable Stock Issuances K&L Gates
Feb
22
2018
Delaware Supreme Court Heightens the Review Standard for Discretionary Equity Awards to Directors Jones Walker LLP
Feb
15
2018
OFAC Announces Settlement with DENTSPLY SIRONA INC. Squire Patton Boggs (US) LLP
Feb
12
2018
Contracting Party Beware: The Implied Covenant Will Not Save You From Your Agreement If You Negotiated Away Your Rights Cadwalader, Wickersham & Taft LLP
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
Feb
7
2018
The Bubbler – February 2018 Mintz
Feb
1
2018
The Future of the Clean Power Plan as US EPA’s Proposed Repeal Looms Squire Patton Boggs (US) LLP
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
Jan
29
2018
Delaware Supreme Court Confirms Preclusive Effect of Dismissal of Derivative Actions Based on Lack of Demand Futility Proskauer Rose LLP
 

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