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
May
27
2017
Chancery Court Dismisses Stockholder Derivative Suit That Challenged Excessive Equity Awards to Directors that were within the Limits Set Forth Under Stockholder Approved Equity Incentive Plan K&L Gates
May
24
2017
California Judge Troubled By Trulia Refuses To Approve Settlement Allen Matkins Leck Gamble Mallory & Natsis LLP
May
19
2017
Failure to Make Demand to the Board of Directors Dooms 50% Owner's Breach of Fiduciary Duty Claims Against Co-Owner K&L Gates
May
18
2017
Is There A “Revlon Duty” In California? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
11
2017
Chancery Court Permits Limited Partners’ Claims Against General Partners to Proceed Despite Ongoing Bankruptcy of the Partnership K&L Gates
May
11
2017
Delaware Chancery Court Holds Corwin Prevents Claims Where Deal Protection Measures Are Reasonable K&L Gates
May
4
2017
Delaware Court of Chancery Holds Credible Basis to Infer Wrongdoing by One Director Sufficient to Satisfy Burden of Proof Under Section 220 K&L Gates
May
2
2017
Qualification Of Offers And Sales Of Non-Voting Common Stock Is No Snap In California Allen Matkins Leck Gamble Mallory & Natsis LLP
May
1
2017
Another Reminder that Director Limits set forth in Equity Plans Allow Director Compensation to be Reviewed Under More Lenient Business Judgment Rule Mintz
May
1
2017
Corporate Law: California And Van Gorkom [Smith v. Van Gorkom] Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
27
2017
Delaware Chancery Court’s Columbia Pipeline and Saba Software Decisions: Lessons beyond Corwin Cadwalader, Wickersham & Taft LLP
Apr
25
2017
Pay Attention to Bylaws When Taking Corporate Actions Murtha Cullina
Apr
21
2017
Delaware Chancery Court Holds That Stockholder Vote on Merger Was Neither Fully-Informed nor Uncoerced K&L Gates
Apr
19
2017
Delaware Chancery Court Holds Stockholder Vote on Merger Was Neither Fully-Informed Nor Uncoerced K&L Gates
Apr
19
2017
Delaware Chancery Court Enters Declaratory Judgments in Favor of Plaintiff, Finds Defendant's Actions Justify Sanctions K&L Gates
Apr
18
2017
Corporate Director Liability: Corwin v. KKR Fin. Holdings Cannot Cleanse Everything Dinsmore & Shohl LLP
Apr
17
2017
Continuing Confusion About Shareholder Approval Requirements Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
12
2017
Chancery Court Considers Who Should Decide Whether Certain Disputes Are Arbitrable — The Court Or An Arbitrator Selected By The Parties? K&L Gates
Apr
11
2017
Master in Delaware Chancery Recommends Enjoining Business From using Trade Name, Mark Similar to Those Already Used by Another Business K&L Gates
Apr
10
2017
Delaware Court of Chancery Upholds Validity of General Release Between Company and Former President, Grants Summary Judgment in Former President's Favor K&L Gates
Apr
7
2017
Delaware Proposes Unclaimed Property Regulations – No April Fools McDermott Will & Emery
Apr
5
2017
Delaware Chancery Court Issues Declaratory Judgement Regarding Board and Member Actions Taken in Contravention of Corporation's Bylaws K&L Gates
Mar
23
2017
Nevada Legislature Ponders Rejection Of Unocal And Revlon Standards Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
22
2017
Delaware Chancery Court Reaffirms Liberal Interpretation of Mandatory Indemnification Statute, Grant Summary Judgement in Favor of Former CFO K&L Gates
Mar
21
2017
Delaware Court of Chancery Denies Cross-Motions for Partial Summary Judgement Pending Further Factual Development in Delaware Master Limited Partnership Unitholder Litigation K&L Gates
Mar
20
2017
Nevada Legislature Mulls Codification Of Internal Affairs Doctrine Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
17
2017
How The Proposed Fix To Delaware’s Stockholder Consent Statute Can Be Fixed Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
16
2017
Delaware Chancery Court Confirms Broad Arbitration Clauses Cover Questions of Substantive Arbitrability K&L Gates
Mar
15
2017
Delaware Bankruptcy Court Issues Important Guidelines Concerning Payment of Indenture Trustee’s Professional Fees Mintz
Mar
15
2017
Corporate Law: After 25 Years, Delaware Begins To See The Light Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
14
2017
Delaware Vice Chancellor Holds Termination of Ownership Rights by Merger Extinguishes Stockholder Standing to Bring Section 220 Action K&L Gates
Mar
9
2017
Delaware Court of Chancery Holds that Cancellation of Shares Through Merger Deprives Stockholder of Standing in Section 220 Action Sheppard, Mullin, Richter & Hampton LLP
Mar
7
2017
Delaware Court of Chancery Approves Modifying Merger-Related Class Action Settlement to Distribute Proceeds to Record Stockholders through DTC K&L Gates
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
Mar
7
2017
Will Avastin Biosimilar Patent Dance Go On? Foley & Lardner LLP
Mar
1
2017
What The Delaware Supreme Court Overlooked In Gantler v. Stephens Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
27
2017
Why Some Delaware Corporations May Be Concerned With California’s Supermajority Vote Requirements Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
25
2017
Shareholders Seeking Books and Records Must Demonstrate Credibility Basis to Infer Wrongdoing Bracewell LLP
Feb
24
2017
Chancery Court Interprets Contractual Provisions, the Elimination of Fiduciary Duties and Standard to be Applied for Self-Dealing Transactions under LLC Agreement K&L Gates
Feb
22
2017
Delaware Court Affirms Utility of Non-Reliance Clause in Dismissing Fraud Claim Sheppard, Mullin, Richter & Hampton LLP
Feb
16
2017
Delaware Chancery Court Enforces LLC Agreement's Forum Selection Clause in Fee Advancement Claim K&L Gates
Feb
15
2017
Delaware Court of Chancery Dismisses Derivative Action Against Board of Directors of UPS for Failure to Monitor K&L Gates
Feb
10
2017
Gift Card Alert—Delaware Rewrites Its Unclaimed Property Law Morgan, Lewis & Bockius LLP
Feb
8
2017
Derivative Claims of Improper Demand Refusal for Grossly Negligent Investigations and Bad Faith Must be Adequately Pled K&L Gates
Feb
7
2017
Delaware Chancery Court Decision, Invalidating Supermajority Director Removal Bylaw, Has Broad Implications for Supermajority Bylaw Provisions K&L Gates
Feb
7
2017
Delaware Court of Chancery Rejects Bylaw That Required Supermajority Stockholder Vote to Remove Directors in Violation of 8 Del. C. § 141(k) Sheppard, Mullin, Richter & Hampton LLP
Feb
3
2017
Chancery Court Clarifies the Cleansing Power of an Uncoerced and Fully Informed Disinterested Majority Stockholder Vote K&L Gates
Jan
30
2017
Chancery Court Invalidates Supermajority Director Removal Bylaw K&L Gates
Jan
26
2017
Breaking News: Unclaimed Property Legislation Passes Delaware General Assembly McDermott Will & Emery
Jan
23
2017
Delaware Chancery Court Explains Standing for Fiduciary Claims When Stockholder is Squeezed Out K&L Gates
 

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