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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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
Oct
2
2020
Forum Selection Clause Found To Violate Unwaivable Right To A Jury Trial Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
28
2022
California Court Of Appeal Finds Caremark To Be Too Steep A Hill For Plaintiff To Climb Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
18
2023
Delaware Does And Doesn't Define "Officer" Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
22
2023
Don't Say You Weren't Warned! Court Of Appeal Declines To Enforce Delaware Forum Selection Clause In Delaware Corporation's Certificate Of Incorporation Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
19
2024
Are D&O Premiums Less For Nevada Corporations? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
16
2024
Home Means Nevada For This Corporation, But Its Heart Remains Exclusively With The Delaware Court Of Chancery 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
Jun
1
2021
Should Insider Reverse Veil Piercing Be Applied To Protect Constitutional Rights? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
8
2021
How To Eliminate Accrued Dividends Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
4
2021
Looking For Stiffer Loan Terms? Nevada May Be Able To Help Allen Matkins Leck Gamble Mallory & Natsis LLP
May
27
2022
Wyoming vs. Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
10
2022
If The Court Of Chancery Is Predictable, Why Does Anyone Bother To Go To Court? Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
19
2023
Delaware's Definition Of "Officer" Fails To Define "Officer Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
1
2023
May Directors Vote By Proxy? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
26
2024
Can A Derivative Suit Survive Conversion? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
13
2013
The Arcana Of Dating Stockholder Consents Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
2
2014
ATP Tour, Inc. v. Deutscher Tennis Bund: How Broad Was That Bylaw? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
27
2014
Judge Rules Choice Of Law Waives California Corporate Securities Law Claim Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
9
2014
Why Does Determining A California Quorum Have To Be So Complicated? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
4
2016
Corporate Boards of Directors: California, Delaware And Nevada Differ On Committee Composition Allen Matkins Leck Gamble Mallory & Natsis LLP
May
22
2018
Federal Judge Applies California Insider Trading Statute To Delaware Corporation Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
23
2019
Are Foreign Countries Delaware's Real Competition? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
28
2022
Will Mallory Doom Delaware's Officer Exculpation Statute And Its Corporate Hegemony? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
25
2023
"The Horror! The Horror!" - Scholars Accuse Twitter Directors Of Putting Stockholders First! Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
14
2023
TripAdvisor Reports Approval of Nevada Redomestication Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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