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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Sep
16
2020
Chancery Court Dismisses Former LLC Member's Claims for Alleged Amounts Owed and Breach by Former Co-Members K&L Gates
Aug
26
2020
Chancery Court Dismisses Plaintiff's Claims Against Three Former Members of the Board K&L Gates
Apr
1
2019
Chancery Court Dismisses Stockholder Claim For Breach Of Fiduciary Duty, Despite Board’S Inaccurate Disclosures K&L Gates
May
27
2017
Chancery Court Dismisses Stockholder Derivative Suit That Challenged Excessive Equity Awards to Directors that were within the Limits Set Forth Under Stockholder Approved Equity Incentive Plan K&L Gates
Sep
18
2017
Chancery Court Dismisses Stockholders' Breach of Fiduciary Duty And Aiding And Abetting Claims Relating To Stock For Stock Merger K&L Gates
Oct
23
2019
Chancery Court Dismisses Uber Derivative Suit for Failure to Make Demand or Plead Demand Futility K&L Gates
Nov
6
2012
Chancery Court Endorses Predictive Coding Bracewell LLP
Sep
7
2018
Chancery Court Enforces LLC Agreement, Further Demonstrating that LLCs are Creatures of Contract K&L Gates
Feb
15
2021
Chancery Court Enforces Merger Agreement Milestone Payment Despite Time and Cost to Bring Experimental Drug to Market K&L Gates
Jun
21
2019
Chancery Court Enforces Privileged Communications Provision To Protect Seller Following Merger K&L Gates
Apr
5
2018
Chancery Court Evaluates Objective Factors To Determine Partners' Subjective Beliefs K&L Gates
Aug
20
2018
Chancery Court Finds Breach of Fiduciary Duties in Insurance Business Gone Awry 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
Jul
9
2019
Chancery Court Finds Commission Under Sales Agreement Was Not "Required" Such That Entry Into Sales Agreement Required Additional Approvals K&L Gates
Apr
16
2018
Chancery Court Finds Credible Basis for Demand to Inspect Books and Records of UnitedHealth in Connection With Possible Medicare Overbilling K&L Gates
Oct
22
2020
Chancery Court Finds Excusable Neglect and Vacates Default Judgement K&L Gates
Oct
17
2018
Chancery Court Finds No Breach of Duty in Failed Corporate Inversion K&L Gates
Jan
25
2018
Chancery Court Finds Oral Agreement to Settle Proxy Contest Binding and Orders Specific Performance of the Settlement Agreement K&L Gates
Apr
20
2020
Chancery Court Finds Plaintiff’s Claims of Fraud, Breach of Fiduciary Duty, and Related Claims, Pass Muster Under 12(b)(6) K&L Gates
Jun
19
2018
Chancery Court Finds Request For Specific Enforcement Of A Partnership Interest Call Right Is Proved By Clear and Convincing Evidence K&L Gates
Jul
15
2019
Chancery Court Finds That Allegations Related To Post-Separation Use Of Confidential Information Learned Pre-Separation Warrant Advancement K&L Gates
Jun
4
2019
Chancery Court Finds That Failure To Exercise The Appropriate Degree Of Diligence In Bringing Claims Can Result In Them Being Time Barred At The Motion To Dismiss Stage K&L Gates
May
31
2018
Chancery Court Finds that Interested Directors Breached Their Fiduciary Duties in Granting Themselves Stock Options But Awards Nominal Damages K&L Gates
Jul
14
2019
Chancery Court Finds That Language in an LLC Agreement That States an Assignment is "Null and Void" Trumps the Common Law and Renders Equitable Defenses Ineffective K&L Gates
Oct
17
2018
Chancery Court finds that Language of Limited Partnership Agreement Governs which Claims Survive Summary Judgment in Master Limited Partnership's Related Party Transaction K&L Gates
Mar
30
2020
Chancery Court Finds That Res Judicata Bars Plaintiff's Demand for Information Rights Under Merger Agreement K&L Gates
Aug
20
2018
Chancery Court Finds That Stockholders Have Standing For Direct Suit Relating To Unique Claims For Breach Of Fiduciary Duties K&L Gates
Jul
30
2021
Chancery Court Finds that Stockholders May Rely on Allegations Forming the Basis of Other Lawsuits to Demand Inspection of Books and Records Pursuant to Section 220 of The DGCL K&L Gates
Aug
30
2018
Chancery Court Finds Transaction Structure can Trigger Presumptions of Business Judgment Difference at Pleading Stage K&L Gates
Aug
24
2018
Chancery Court Grants Certain Books And Record Demands By Minority Stockholder Related To A Merger And Valuation Of Underlying Assets K&L Gates
Mar
29
2019
Chancery Court Grants Defendant’s Motion on the Pleadings Where Named Defendants Did Not Owe Any of the Contractual or Fiduciary Obligations Plaintiff Tried to Enforce K&L Gates
Nov
22
2017
Chancery Court Grants in Part and Denies in Part Motion to Dismiss Brought by Defendant FXCM, Inc. in Derivative Suit Alleging That FXCM Knowingly Violated Regulation 5.16 K&L Gates
Oct
24
2018
Chancery Court Grants Motion for Preliminary Injunction Regarding Enforcement of Forum Selection Clause K&L Gates
Aug
27
2018
Chancery Court Grants Motion to Dismiss Relating to Alleged Breach of Fiduciary Duties by Directors of Dissolved Corporation K&L Gates
Mar
21
2019
Chancery Court Grants Motion to Dismiss Section 220 Demand Made During a Pending Plenary Claim due to Lack of Special Circumstances K&L Gates
Mar
26
2019
Chancery Court Grants Preliminary Injunction Restraining Former Director From Selling Shares Allegedly Invalidly Issued to Himself K&L Gates
Jan
4
2018
Chancery Court Holds Business Strategy Disputes May Not Be Resolved by Appointment of a Receiver Under Section 291 K&L Gates
Aug
4
2020
Chancery Court Holds Late Breach of Fiduciary Duty Claim is Barred by Laches K&L Gates
Jul
11
2017
Chancery Court Holds That Certificate of Incorporation Provision Provides Preferred Stockholders Voting Right, Not Entitlement to Liquidation Preference K&L Gates
Dec
11
2018
Chancery Court Holds that Party Seeking Indemnification under Contract Procedure Loses Ability to Claim Excused Performance due to Material Breach K&L Gates
Aug
23
2017
Chancery Court Holds that Stockholder Rejection of Corporate Proposals are Not Defective Corporate Acts that Can Later Be Ratified K&L Gates
Mar
25
2021
Chancery Court Holds that Subsidiary must Advance Legal Fees to Parent Company to Cover Costs from Separate Suit by Subsidiary Against Parent Company K&L Gates
Jan
3
2018
Chancery Court Holds Third Party is Likely Subject to Delaware Service of Process Under the State's Long-Arm Statute and Therefore the Court Need Not Determine if Addition as Involuntary Counterclaim Plaintiff is Proper K&L Gates
Sep
16
2020
Chancery Court Holds Under-Manned Board's Acts Were Invalid But Potentially Susceptible to Validation Under DGCL §205 K&L Gates
Aug
11
2020
Chancery Court Honors Shareholder Representative Provision Holding Selling Stockholders Are Not Real Parties-In-Interest K&L Gates
Jul
10
2019
Chancery Court Imposes Costs of Receivership on Stockholder K&L Gates
Feb
24
2017
Chancery Court Interprets Contractual Provisions, the Elimination of Fiduciary Duties and Standard to be Applied for Self-Dealing Transactions under LLC Agreement K&L Gates
Jul
17
2019
Chancery Court Interprets the Computer Fraud and Abuse Act K&L Gates
Jan
30
2017
Chancery Court Invalidates Supermajority Director Removal Bylaw K&L Gates
Apr
30
2018
Chancery Court Limits Access to Books and Records Based on Stockholder's Failure to State Purpose in Section 220 Demand K&L Gates
 

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