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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Mar
11
2024
Reasons To Quit Delaware Are Gettin' Bigger Each Day Allen Matkins Leck Gamble Mallory & Natsis LLP
May
6
2024
Another Public Company Announces Plan To Decamp To Nevada - Is Delaware's Dam About To Burst? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
12
2013
Is Delaware’s Hegemony Over Corporate Law About To End? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
18
2016
California And Nevada Corporations Can Do This But Not Delaware Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
23
2016
Nevada’s Private Corporation Law: What Is A Knowing Violation? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
18
2016
Incorporating In Delaware May Not Eliminate Director Liability Under This California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
27
2017
What Every Delaware Unicorn Needs To Know About The California General Corporation Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
11
2019
Court Lacks Authority To Order Buyout Of Foreign Entities Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
15
2019
Qualifying Your Delaware Trust In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
6
2020
Directorial Duties To Creditors - Getting To The Bottom Of The California Trust Fund Theory Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
22
2021
Copenhagen Counsel Causes Choice Of Delaware Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
8
2021
Should Boeing Fly To Nevada? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
1
2014
Public Company Adopts Fee Shifting Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
21
2016
Can Limited Partnerships Have Officers? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
7
2017
Fiduciary Duties of Officers and Directors: Professor Bainbridge On My “Beef” With Gantler v. Stephens Allen Matkins Leck Gamble Mallory & Natsis LLP
May
24
2017
California Judge Troubled By Trulia Refuses To Approve Settlement Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
25
2017
Nevada Supreme Court Adopts Delaware’s Direct Harm Test For Derivative Claims Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
26
2018
Court Of Appeal Finds No Right To Sue Directors In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
12
2019
Delaware, Consent, And The Adequacy Of Email Notice Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
19
2019
Was 2018 The Apogee Of Delaware's Corporate Hegemony? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
24
2021
If Director's Fiduciary Obligations Are Not Contractual, What About Rights To Indemnification? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
28
2021
Slights Sees No Dualism In Corporate Form Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
7
2021
Why California Law Applies To Dividends Made By A Delaware Corporation (And Not To Some California Corporations) Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
10
2023
Is This The Case That Ate Delaware Corporate Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
1
2023
Court Holds State Owned LLCs Are Not "Political Subdivisions" Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
18
2024
Are Corporations "Rolling Down Hill, Like A Snowball Headed For . . .?" Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
25
2014
9th Circuit Rules LLC Form Provided No Fiduciary Shield To Personal Jurisdiction Allen Matkins Leck Gamble Mallory & Natsis LLP
May
6
2015
Will Delaware’s Fee-Shifting Bylaw Bill Be A Boon To Other States? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
30
2015
Most Important Principles of Delaware Corporate Law Can’t Be Found In the DGCL Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
23
2016
Delaware Court Finds Plaintiffs Are Not Privies Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
20
2016
California And Delaware Corporate Law Differ In Many Respects, Including Authority Of Committees Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
17
2017
Continuing Confusion About Shareholder Approval Requirements Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
16
2017
Court Of Appeal Finds No Right To Jury In Shareholder Class Action Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
13
2019
When You Say "Get It In Writing", What Do You Mean? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
2
2020
Forum Selection Clause Found To Violate Unwaivable Right To A Jury Trial Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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