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
19
2017
Delaware Supreme Court Confirms Dilution Claims Typically Are Derivative and Are Extinguished After Merger Sheppard, Mullin, Richter & Hampton LLP
Jan
17
2017
Family Businesses Should Carefully Consider Indemnification and Advancement Obligations Included In Limited Liability Company Operating Agreements Murtha Cullina
Jan
13
2017
Delaware Unclaimed Property Legislation – Lipstick on a Pig? McDermott Will & Emery
Jan
11
2017
“Cleansing” the Merger: Stockholder Vote Protects Directors from Class Action Where Plaintiffs Fail to Sufficiently Allege Material Deficiency in Proxy Statement K&L Gates
Jan
4
2017
Delaware Chancery Court Confirms the Invalidity of Fee-Shifting Bylaws for Stock Corporations K&L Gates
Dec
29
2016
Chancery Court Determines Merger Price is Fair Value in Appraisal Proceeding as Result of Properly Conducted Sales Process K&L Gates
Dec
23
2016
Upcoming/New CFIUS Filing: TDK Corporation and InvenSense, Inc. Squire Patton Boggs (US) LLP
Dec
21
2016
Delaware Chancery Court Lacks Personal Jurisdiction Under LLC Act's Implied Consent Provision Unless Defendant Has "Control" or "Decision-Making" Capability K&L Gates
Dec
20
2016
Process Is Paramount: The Delaware Court of Chancery Gives “100% Weight” to Merger Price in Determining Company’s Fair Value in Appraisal Proceeding Cadwalader, Wickersham & Taft LLP
Dec
20
2016
Delaware Chancery Court Refers Issues of Arbitrability to Arbitrator in Officer indemnification and Advancement Dispute K&L Gates
Dec
12
2016
Delaware Chancery Court Grants Fee and Expense Award in Dell Appraisal Case K&L Gates
Dec
12
2016
Chancery Court Finds Clear Disclaimer of Reliance on Extra-contractual Statements in Dismissing Buyer’s Fraud Claim; Allows Certain Breach of Contract Claims to Proceed K&L Gates
Dec
10
2016
Chancery Court Compels Arbitration Based on Email Communications that Included all Essential Terms K&L Gates
Nov
29
2016
Member Of Delaware LLC? Don't Bring Claims To Inspect Books And Records, Or For Dissolution, In North Carolina's Courts Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
Nov
18
2016
Incorporating In Delaware May Not Eliminate Director Liability Under This California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
12
2016
Delaware Bankruptcy Court Holds LLC Operating Agreement Provisions Placing Sole Power in Company’s Lender to Prevent a Bankruptcy Filing are Void as Against Public Policy Holland & Hart LLP
Nov
6
2016
Revlon and Unocal Enhanced Scrutiny Rejected for Dissolution Plan K&L Gates
Nov
3
2016
Corporate Governance: When CEOs Read This, They May Become Less Enamored Of Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
2
2016
Why Nevada Corporations Law Is More Reliable Alternative To Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
1
2016
Delaware Chancery Court Dismisses Post-Closing Disclosure Claims Against Directors of Millennial Media, Inc K&L Gates
Oct
25
2016
Delaware Chancery Court Dismisses Revlon Claims Based on Fully Informed, Uncoerced Stockholder Vote K&L Gates
Oct
25
2016
Delaware Chancery Court Applies MFW Framework to Dismiss Suit by Minority Stockholders in Connection with Squeeze-Out Merger K&L Gates
Oct
21
2016
Nevada Seizes Delaware’s Business Entity Formation Crown Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
16
2016
Consider Indemnification and Advancement Obligations When Drafting Limited Liability Company Operating Agreements Murtha Cullina
Oct
11
2016
Corporate Officers: Got Business Judgment Rule? Nevada Says Yes, Delaware Maybe Not Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
7
2016
Delaware Court of Chancery Dismisses Post-Closing Disclosure Claims for Damages, Cautioning Such Claims Are Best Pursued Pre-Closing Sheppard, Mullin, Richter & Hampton LLP
Sep
30
2016
Settlements of Director Compensation Litigation Raise Issues Morgan, Lewis & Bockius LLP
Sep
30
2016
New Delaware Unclaimed Property Decision Further Complicates Landscape McDermott Will & Emery
Sep
28
2016
Pennsylvania and Delaware Corporate Income Tax News Faegre Drinker
Sep
21
2016
Can Limited Partnerships Have Officers? Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
15
2016
Upcoming/New Filing: Enbridge Inc. and Spectra Energy Corp. Squire Patton Boggs (US) LLP
Sep
15
2016
FTC Weighs-in on Telehealth, Comments on Delaware’s Occupational Therapy Practice Rule McDermott Will & Emery
Sep
15
2016
Another Sports Retailer Bankruptcy – Golfsmith International, Inc. Files for Chapter 11 Protection in Delaware Stark & Stark
Sep
14
2016
Delaware Supreme Court Clarifies New York’s Injury-in-Fact Trigger of Coverage for Asbestos Losses Squire Patton Boggs (US) LLP
Sep
13
2016
Taming the Bull Rider: Delaware Chancery Court Reining in Mootness Fee Awards in Merger Litigation Proskauer Rose LLP
Sep
6
2016
Delaware District Court Upholds Eligibility Of Personalized Medicine Method Claims For FANAPT Foley & Lardner LLP
Sep
2
2016
Delaware Court of Chancery Addresses the “Cleansing Effect” of Stockholder Approval In Post-Closing M&A Damages Actions Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2016
Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction McDermott Will & Emery
Aug
25
2016
Are Alternate Committee Members “Then Serving”? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
22
2016
ZALE Revisited: The Importance of Disclosing Potential Conflicts, the Stockholder Vote, and the Business Judgment Rule Faegre Drinker
Aug
19
2016
2016 Amendments to Delaware General Corporation Law Highlight Two-Step Mergers and Appraisal Rights Katten
Aug
19
2016
Shareholder Proxy Statement Argues That Resolving Dispute In California Court Was “Costly And Time Consuming” Ouch! Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
16
2016
$3 Million Spoliation Sanction Despite Company’s Litigation Hold Foley & Lardner LLP
Aug
4
2016
Corporate Boards of Directors: California, Delaware And Nevada Differ On Committee Composition 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
Jun
27
2016
Structural Limitations on Bankruptcy Filings—Blocking Tactics on the Block Squire Patton Boggs (US) LLP
Jun
23
2016
Nevada’s Private Corporation Law: What Is A Knowing Violation? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
22
2016
Tenth Circuit Highlights Difference Between Delaware And Nevada Exculpatory Statutes Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
16
2016
Inadvertent Proxy Voting Instruction Results in Denial of State Law Appraisal Claim Vedder Price
Jun
14
2016
Making Bankruptcy Remoteness More Remote in Delaware Greenberg Traurig, LLP
 

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