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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Oct
16
2013
Paving the Way for More Tender Offers: DGCL 251(h) Streamlines Two-Step Merger Process McDermott Will & Emery
Aug
29
2016
Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction McDermott Will & Emery
Apr
17
2011
“Sunshine is the Best Disinfectant”: A Financial Advisory Update McDermott Will & Emery
Oct
17
2013
M&A Corporate Governance: Oversight of the Board’s Financial Advisors McDermott Will & Emery
Jan
16
2019
Delaware Starts Unclaimed Property “Compliance Reviews” (Different from Audits) McDermott Will & Emery
Apr
7
2021
The Jury Returns to Delaware McDermott Will & Emery
Apr
23
2024
Trending in Telehealth: April 9 – April 15, 2024 McDermott Will & Emery
Jun
27
2020
Business Victorious in Unclaimed Gift Card False Claims Case McDermott Will & Emery
Feb
3
2023
Court of Chancery Holds That Corporate Officers Owe Duty of Oversight McDermott Will & Emery
May
15
2014
Retailers Should Examine Gift Card Practices in Light of a Recent Unclaimed Property False Claims Action McDermott Will & Emery
Jan
13
2017
Delaware Unclaimed Property Legislation – Lipstick on a Pig? McDermott Will & Emery
Mar
8
2022
The Significance of Recent Delaware Court of Chancery SPAC Opinions McDermott Will & Emery
Jan
5
2023
Litigation Funding Probe Continues to Make Waves McDermott Will & Emery
Jul
19
2023
Trending in Telehealth: June 27 – July 10, 2023 McDermott Will & Emery
Apr
7
2017
Delaware Proposes Unclaimed Property Regulations – No April Fools McDermott Will & Emery
Nov
11
2014
Extraordinary Turnout and Discussions at ULC (Uniform Law Commission) Unclaimed Property Drafting Meeting McDermott Will & Emery
Sep
15
2016
FTC Weighs-in on Telehealth, Comments on Delaware’s Occupational Therapy Practice Rule McDermott Will & Emery
Jan
17
2020
Victory? Delaware Suggests an End to Contingency Compensation for Unclaimed Property Contract Auditors McDermott Will & Emery
Jul
14
2022
Expert Testimony Excluded Based on Inadmissible Evidence McDermott Will & Emery
Mar
26
2014
Delaware Law to Provide for Ratification of Defective Corporate Acts as of April 1, 2014 McDermott Will & Emery
May
20
2014
An End to the Madness? Delaware Bill Introduced to End Contingent Fee Unclaimed Property Audits McDermott Will & Emery
Aug
20
2014
Environmental Impact Analysis Required for Natural Gas Facilities Clarified in D.C. Circuit Decision Denying Residents’ Challenge to Compressor Siting Approval McDermott Will & Emery
Aug
26
2015
Straight Outta Delaware: JLI Invest S.A. et al. v. Cook et al. McDermott Will & Emery
Nov
18
2020
Dark Winter for Trial Lawyers McDermott Will & Emery
Dec
12
2013
Financial Advisory Update McDermott Will & Emery
Oct
30
2017
Anticipated Acts of Infringement May Establish Venue for Hatch-Waxman McDermott Will & Emery
Jan
24
2020
Court of Chancery Expands Stockholder Right to Corporate Books and Records McDermott Will & Emery
Jan
26
2017
Breaking News: Unclaimed Property Legislation Passes Delaware General Assembly McDermott Will & Emery
Jul
7
2021
Board Motives Matter: Delaware Supreme Court Remands Dilutive Stock Sale Case McDermott Will & Emery
Aug
3
2021
2021 Amendments to Delaware Entity Statutes McDermott Will & Emery
Jan
10
2012
Defendants’ State of Incorporation Is Entitled to Little Weight in Transfer-of-Venue Analysis McDermott Will & Emery
Sep
30
2016
New Delaware Unclaimed Property Decision Further Complicates Landscape McDermott Will & Emery
Sep
30
2017
Holders Beware: Delaware Department of State Notices to be Mailed in Two Weeks! McDermott Will & Emery
Sep
22
2023
Baker’s Dozen: Delaware Becomes 13th State to Enact State Consumer Privacy Law McDermott Will & Emery
Apr
23
2013
Accelerating Back-End Mergers in Public Company Acquisitions McDermott Will & Emery
Feb
20
2014
Delaware Court of Chancery Upholds Forum Selection Bylaws McDermott Will & Emery
Aug
27
2014
New Data Disposal Law in Delaware Requires Action by Impacted Businesses McDermott Will & Emery
Feb
21
2014
Crying Revlon: Delaware Courts Dismiss Claims in Morton’s Restaurant Group Acquisition McDermott Will & Emery
Dec
2
2015
Delaware Court Denies Most of Defendants’ Motion to Dismiss Unclaimed Property Gift Card False Claims Action McDermott Will & Emery
Jun
19
2019
Courts Are Siding with Employees Who Use Medical Marijuana McDermott Will & Emery
May
17
2016
Bed Bath & Beyond v. John Chiang, Pennsylvania Wages - Unclaimed Property Litigation Update – - Spring 2016 McDermott Will & Emery
Aug
16
2017
Delaware (Re)Proposes Unclaimed Property Reporting and Examination Manual Regulation McDermott Will & Emery
Oct
5
2017
Get Ready for the Countdown: Final Delaware Unclaimed Property Regulations Published McDermott Will & Emery
Mar
7
2012
Financial Advisor Conflicts Update McDermott Will & Emery
Oct
23
2014
Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services McDermott Will & Emery
Mar
15
2015
Delaware’s Unclaimed Property Audit Program Dealt Blow McDermott Will & Emery
Nov
19
2019
Delaware Opens The Door To Third-party Beneficiaries McDermott Will & Emery
Jun
9
2014
Unclaimed Property Audit Lawsuit Filed Against Kelmar: You Do the Math McDermott Will & Emery
Jun
23
2015
Delaware Senate Passes Unclaimed Property Reform Bill McDermott Will & Emery
Dec
12
2020
Supreme Court Update: Tanzin v. Tanvir (No. 19-71); Carney v. Adams (No. 19-309); United States v. Briggs (No. 19-108); Rutledge v. Pharmaceutical Care Management Association (No. 18-540) Wiggin and Dana LLP
 

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