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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Apr
19
2023
Delaware's Definition Of "Officer" Fails To Define "Officer Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
6
2023
Delaware's Immodest Embrace Of The Internal Affairs Doctrine 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
23
2017
Delaware: The Latest State to Amend its Data Breach Notification Law Jackson Lewis P.C.
Mar
21
2023
Delaware’s Duty of Oversight Applies to Corporate Officers Nelson Mullins
Sep
15
2023
DELAWARE’s GOVERNOR HAS SIGNED INTO LAW HB154, Making DE the 13th State to Enact Consumer Data Privacy Laws Troutman Amin, LLP
Oct
24
2023
Delaware’s Governor Signed the Delaware Personal Data Privacy Act Jackson Lewis P.C.
Jul
9
2018
Delaware’s New Telemedicine Rules: Top Four Changes to Know Foley & Lardner LLP
Mar
15
2015
Delaware’s Unclaimed Property Audit Program Dealt Blow McDermott Will & Emery
Mar
20
2020
Demand For Books And Records Under Section 220 To Aid In Proxy Contest Is Not A Proper Purpose, Chancery Court Finds K&L Gates
May
15
2015
Department of Justice Settles Virtual Currency Enforcement Action Katten
Feb
8
2017
Derivative Claims of Improper Demand Refusal for Grossly Negligent Investigations and Bad Faith Must be Adequately Pled K&L Gates
May
13
2020
Derivative Suit Dismissed for Failing to Plead Demand Futility K&L Gates
Jan
30
2023
Despite Legal and Other Challenges, Amendments to Delaware’s Corporate Statute Remain Compelling K&L Gates
Oct
23
2019
Destination Maternity Files for Chapter 11 Bankruptcy Stark & Stark
Aug
7
2015
Did You Ever Wonder What You Might Do In California But Not Delaware? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
30
2021
Different Committee, Different Scope: Delaware Court Holds Credentials Committee Documents May Be Subject to Discovery Polsinelli PC
Feb
12
2021
Direct and Derivative? Chancery Court Certifies Interlocutory Appeal, Asks Supreme Court to Clarify Dual Character Stockholder Claims K&L Gates
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
Oct
21
2019
Director Independence and Demand Futility: A Holistic Inquiry of the Pleading K&L Gates
Jul
15
2020
Director Who Led Merger Negotiations, Without Disclosing Details of a Lucrative Pay Package He Was Offered to Lead the Post-Merger Company, Must Face Fiduciary Duty Claims Cadwalader, Wickersham & Taft LLP
Jan
2
2018
Director's Breach of Contract Lawsuit Found to Violate the Underlying Contract's Confidentiality Clause K&L Gates
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
15
2016
Directors and Officers' Ultimate Escape from Personal Liability Mintz
Jun
6
2019
Directors Beware — Your Emails and Texts Could Be Subject to Inspection Under Delaware Law Mintz
Mar
9
2020
Directors Breach Fiduciary Duties In Coercive Self-Tender K&L Gates
Jul
3
2019
Disclosures Still Important: Delaware Court of Chancery Assesses Adequacy of Proxy Disclosures in Rejecting Pleading-Stage Application of Corwin Defense Polsinelli PC
May
13
2020
Distressed Property and the Delaware Statutory Trust Structure: What New Capital Sources Need to Consider Polsinelli PC
Nov
10
2022
District Court Decision Brings New Life to CFAA to Combat Unwanted Scraping Proskauer Rose LLP
Nov
30
2021
District of Delaware Chief Judge Denies Request for Early Motion for Summary Judgment and Will Not Refer to Magistrates Citing Strain on Judicial Resources Womble Bond Dickinson (US) LLP
Oct
24
2018
District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland Mintz
Jun
27
2019
District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland and In re Cray Mintz
Nov
23
2021
District of Delaware Does Not Award Attorney’s Fees for Voluntary IPR Finnegan
Aug
13
2020
District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege Egregious Infringing Conduct Mintz
Oct
6
2021
District of Delaware Judge Stops Practice of Referring Certain 12(b)(6) Motions to Magistrates Womble Bond Dickinson (US) LLP
 

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