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 Sort descending Organization
Apr
3
2012
The BankAtlantic Bancorp Decision — Roadblock or Detour to Open Bank Sale of Distressed Banks? ArentFox Schiff LLP
Jul
5
2019
The Bubbler - July 2019 Mintz
Feb
7
2018
The Bubbler – February 2018 Mintz
May
20
2014
The Case That Could Significantly Disrupt How Companies Manage Their Gift Card Programs and Could Create Billions of Dollars in Exposure Mintz
Mar
19
2020
The Case Whose Name The Delaware Supreme Court Dare Not Speak Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
2
2023
The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs Sheppard, Mullin, Richter & Hampton LLP
Jan
9
2024
The Comprehensive Privacy Law Deluge: Record-Keeping and Related Requirements Sheppard, Mullin, Richter & Hampton LLP
Jan
7
2013
The Debate Rages On Regarding Whether Default Fiduciary Duties Apply to LLC Managers Under Delaware Law Bracewell LLP
Jan
18
2019
The Delaware Bankruptcy Court Grapples With Section 546(e) Post-Merit Management Mintz
Dec
27
2023
The Delaware Court of Chancery Confirms that Duty of Oversight Claims Against Corporate Officers Are Subject to the Same High Pleading Standards Applicable to Duty of Oversight Claims Against Corporate Directors Sheppard, Mullin, Richter & Hampton LLP
Sep
26
2019
The Delaware Court of Chancery Enforces Clear and Unambiguous Terms of Merger Agreement in Finding Termination Fee Provision Did Not Afford Exclusive Remedy for Termination Cadwalader, Wickersham & Taft LLP
Oct
25
2022
The Delaware Court of Chancery Limits the Scope of "Sale of Business" Noncompetes ArentFox Schiff LLP
Jan
8
2020
The Delaware Court of Chancery Rejects Termination of Merger Agreement Based on Material Adverse Effect Cadwalader, Wickersham & Taft LLP
Jun
2
2022
The Delaware Supreme Court’s Second Major Opinion on the Secondary Life Market Offers Substantial Protections for Investors ArentFox Schiff LLP
Aug
1
2013
The Diminishing Privacy Of Private Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
16
2019
The Employment Law Landscape in 2019 Proskauer Rose LLP
Feb
1
2018
The Future of the Clean Power Plan as US EPA’s Proposed Repeal Looms Squire Patton Boggs (US) LLP
Jan
29
2015
The GM Engine that Couldn’t: $1.5B Nail in JPMorgan’s Coffin Bilzin Sumberg
Jan
30
2019
The Importance of Documenting Corporate Actions: Delaware Supreme Court Requires Production of Emails in Books-and-Records Request Proskauer Rose LLP
Apr
7
2021
The Jury Returns to Delaware McDermott Will & Emery
Feb
24
2014
The Legality Of Corporate Giving Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
14
2017
The Mintz Matrix – September 2017 Mintz
Jan
27
2013
The New Rules of the Delaware Court of Chancery: ESI (Electronically Stored Information), Form of Production, and Non-Party Subpoenas Barnes & Thornburg LLP
Nov
28
2023
The New Year Brings New Leave Laws Jackson Lewis P.C.
Feb
9
2023
The Ramifications of The Delaware Court of Chancery’s McDonald’s Decision – Beyond Holding That Caremark Oversight Obligations Apply to Corporate Officers Cadwalader, Wickersham & Taft LLP
Jun
1
2016
The Scope Of Stockholder Inspection In California And Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
8
2022
The Significance of Recent Delaware Court of Chancery SPAC Opinions McDermott Will & Emery
Jan
10
2020
The Transportation and Climate Initiative (TCI): Everything You Need to Know, Part I: What Is the TCI? Mintz
Feb
5
2020
The Transportation and Climate Initiative (TCI): Everything You Need to Know, Part II: How Will TCI Work? Mintz
Mar
5
2013
The United States of Online Gaming Dinsmore & Shohl LLP
Aug
22
2014
The Wal-Mart Decision: Just How Big A Blow Did the Delaware Supreme Court Deal To Corporations? Barnes & Thornburg LLP
Jul
12
2021
The “State” of Telehealth: Delaware Expands Access to Telehealth Sheppard, Mullin, Richter & Hampton LLP
Feb
7
2019
Things Remembered Files for Chapter 11 Bankruptcy Protection Stark & Stark
Nov
18
2013
Third Circuit Finds Delaware Chancery’s Arbitration Program Unconstitutional Katten
Sep
24
2019
Third Circuit Says the FCA Does Not Guarantee A Hearing When DOJ Seeks to Dismiss Declined FCA Cases Mintz
Jun
29
2022
This "Defunct" Delaware Corporation Remains A California Citizen Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
2
2014
This Plaintiff Dreamed Of Shares That Never Were Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
16
2014
This Proposed Amendment To DGCL (Delaware General Corporation Law) Section 141(f) Is A Curate’s Egg Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
14
2015
This Stockholder Would Rather Fly To Delaware Than Drive To L.A. Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
17
2016
Three Questions To Ask Before Incorporating In Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
6
2019
Three Things to Learn from Delaware Supreme Court’s Opinion on Board of Director Oversight Duties (Marchand v. Barnhill) Mintz
Jan
3
2022
Time Is Money: A Quick Wage-Hour Tip on …Did You Remember to Make Necessary Changes to Comply with New 2022 State and Local Wage-Hour Laws? Epstein Becker & Green, P.C.
Jan
29
2019
Time to Update Your Loan Documents Due To New Delaware “Divisive Merger” Law Steptoe & Johnson PLLC
Oct
30
2020
Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
26
2017
Too Many Cooks in the Kitchen – Deadlocked Management Leads to LLC Dissolution K&L Gates
Mar
26
2018
Top Three Changes in Delaware’s New Proposed Telemedicine Rules Foley & Lardner LLP
Mar
19
2021
Trade Secret Law Evolution Podcast Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act Greenberg Traurig, LLP
Mar
19
2020
Transactions Involving Controlling Stockholder as a Result of Actual or Inherent Coercion are Subject to entire Fairness Standard of Review K&L Gates
Dec
23
2019
Transportation and Climate Initiative Issues Draft Cap-and-Investment MOU, Seeks Public Comment Beveridge & Diamond PC
Apr
23
2024
Trending in Telehealth: April 9 – April 15, 2024 McDermott Will & Emery
 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins