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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Jan
25
2018
Chancery Court Finds Oral Agreement to Settle Proxy Contest Binding and Orders Specific Performance of the Settlement Agreement K&L Gates
Jan
19
2018
Court of Chancery Grants Motion for Judgment on the Pleadings Finding no Implied Condition as to the Accuracy of Information in Financial Reports K&L Gates
Jan
17
2018
Delaware Supreme Court Shines a (Blurry) Spotlight on Director Compensation Decisions: In re Investors Bancorp, Inc. Stockholder Litigation K&L Gates
Jan
12
2018
ICE Announces Enforcement Priorities, Raids Nearly 100 7-Eleven Stores Jackson Lewis P.C.
Jan
9
2018
2017 Year in Review: Corporate Governance Litigation & Regulation Cadwalader, Wickersham & Taft LLP
Jan
4
2018
Chancery Court Holds Business Strategy Disputes May Not Be Resolved by Appointment of a Receiver Under Section 291 K&L Gates
Jan
3
2018
Delaware Supreme Court Imposes New Limits on Stockholder Ratification Defense In Connection With Equity Incentive Plans Sheppard, Mullin, Richter & Hampton LLP
Jan
3
2018
Chancery Court Holds Third Party is Likely Subject to Delaware Service of Process Under the State's Long-Arm Statute and Therefore the Court Need Not Determine if Addition as Involuntary Counterclaim Plaintiff is Proper K&L Gates
Jan
2
2018
Director's Breach of Contract Lawsuit Found to Violate the Underlying Contract's Confidentiality Clause K&L Gates
Dec
27
2017
Efforts Continue to Strengthen Equal Pay Laws in 2017 Epstein Becker & Green, P.C.
Dec
27
2017
Delaware Court of Chancery Enforces Oral Agreement to Settle Proxy Contest Cadwalader, Wickersham & Taft LLP
Dec
19
2017
Lower Courts Continue to Grapple with Venue in the Wake of In re Micron and In re Cray Mintz
Dec
19
2017
Athletes and their Biometric Data – Who Owns It and How It Can Be Used Mintz
Dec
15
2017
Delaware Court of Chancery Rejects Lawyer-Driven Stockholder Books and Records Demand in Wilkinson v. Schulman Polsinelli PC
Dec
13
2017
Days Of Our [Employment] Lives (Part Four): Wait, We Ask About An Applicants’ Salary History. Can We Still Do This? Godfrey & Kahn S.C.
Dec
6
2017
Upcoming/New CFIUS Filing: Prysmian S.p.A. and General Cable Corp. Squire Patton Boggs (US) LLP
Dec
1
2017
Draft Regulations Issued That Could Ban High-Volume Hydraulic Fracturing in the Delaware River Basin Ballard Spahr LLP
Dec
1
2017
Is Someone Else’s Purpose An Improper Purpose? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
22
2017
Class Action Dismissed as Demand was Not Excused as Futile; Plaintiff Failed to Allege Facts Sufficient to Establish that a Majority of the Board Faced Substantial Likelihood of Liability for Non-Exculpated Claims K&L Gates
Nov
22
2017
Chancery Court Grants in Part and Denies in Part Motion to Dismiss Brought by Defendant FXCM, Inc. in Derivative Suit Alleging That FXCM Knowingly Violated Regulation 5.16 K&L Gates
Nov
17
2017
Delaware Law Prohibits Employers from Requesting Compensation Information Morgan, Lewis & Bockius LLP
Nov
16
2017
Court Of Appeal Finds No Right To Jury In Shareholder Class Action Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
30
2017
Anticipated Acts of Infringement May Establish Venue for Hatch-Waxman McDermott Will & Emery
Oct
27
2017
What Every Delaware Unicorn Needs To Know About The California General Corporation Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
26
2017
CFIUS Filing Abandoned: NetPosa Technologies and Arecont Vision Squire Patton Boggs (US) LLP
Oct
26
2017
Valid Reasons May Exist For Reincorporating In Delaware, But This Isn’t One Of Them Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
20
2017
Professor Bainbridge Precises Corporate Philanthropy Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
19
2017
Recent Decisions Reflect Diverging Views on Disclosing Records Held in Government Officials' Private Email Accounts Ballard Spahr LLP
Oct
19
2017
Chancery Court Dismisses Claims Against Defendants and Holds that the Transactional Structure in M&F Worldwide Applies to Conflicted One Sided Controller Transactions K&L Gates
Oct
19
2017
Chancery Court Partially Grants Books and Records Request K&L Gates
Oct
17
2017
Chancery Court Defines De Novo Standard of Review for Appeals of Receiver's Decisions Disallowing Claims K&L Gates
Oct
13
2017
Court of Chancery Dismisses Derivative Breach of Fiduciary Duty Claims For Failure To Make A Pre-Suit Demand or Demonstrate Demand Futility K&L Gates
Oct
6
2017
Court of Chancery Applies Corwin Ratification to Merger Involving Private Equity Firm Favored by Company’s Founder K&L Gates
Oct
5
2017
Get Ready for the Countdown: Final Delaware Unclaimed Property Regulations Published McDermott Will & Emery
Oct
3
2017
Delaware Special Litigation Committee Review “Could Stand A Good Tweaking” Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
2
2017
Chancery Court Dismisses Breach of Fiduciary Claims Following The Closing of A Merger Involving Insider Side Deals K&L Gates
Sep
30
2017
Holders Beware: Delaware Department of State Notices to be Mailed in Two Weeks! McDermott Will & Emery
Sep
26
2017
Too Many Cooks in the Kitchen – Deadlocked Management Leads to LLC Dissolution K&L Gates
Sep
25
2017
Nevada Supreme Court Adopts Delaware’s Direct Harm Test For Derivative Claims Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
22
2017
Chancery Court Dismisses Breach of Contract and Fiduciary Claims Brought Under an Unenforceable Contract K&L Gates
Sep
20
2017
Veil Piercing/Alter Ego Determinations – How Fund Managers Can Protect Themselves Proskauer Rose LLP
Sep
19
2017
Court of Chancery Finds Personal Jurisdiction Over Out-of-State Trust Due to Trustor’s Involvement in the Formation of Delaware LLC K&L Gates
Sep
18
2017
Chancery Court Dismisses Stockholders' Breach of Fiduciary Duty And Aiding And Abetting Claims Relating To Stock For Stock Merger K&L Gates
Sep
14
2017
The Mintz Matrix – September 2017 Mintz
Sep
14
2017
Chancery Court Declines To Dismiss Fiduciary Claims Arising From A Self-Tender Offer K&L Gates
Sep
14
2017
Lawsuits Over Rescission of DACA Jackson Lewis P.C.
Sep
13
2017
Nevada Precedes Delaware In Blockchain Legislation Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
12
2017
Should You Mediate Your Family-Owned Business Dispute? Murtha Cullina
Sep
11
2017
In Merger- Related Suit, Attorney-Client Privilege Prevailed Over Garner Challenge K&L Gates
Sep
10
2017
Upcoming/New CFIUS Filing: BlueFocus International Limited and Cogint Squire Patton Boggs (US) LLP
 

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