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 Organization
Dec
13
2021
Weekly Bankruptcy Alert December 13, 2021 (For the week ending December 12, 2021) Pierce Atwood LLP
Dec
10
2021
Policyholder Prevails (Again) in Delaware D&O Retention Dispute Hunton Andrews Kurth
Dec
8
2021
Ethylene Oxide Litigation Update CMBG3 Law
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
Nov
23
2021
Delaware Supreme Court Upholds Advance Waiver of Statutory Appraisal Rights — Affirms Key Component of “Drag Along” Critical for M&A Exits for Venture-Backed Companies Mintz
Nov
23
2021
District of Delaware Does Not Award Attorney’s Fees for Voluntary IPR Finnegan
Nov
22
2021
Weekly Bankruptcy Alert (For the Week Ending November 21, 2021) Pierce Atwood LLP
Nov
22
2021
Historic Boeing Derivative Settlement Funded By D&O Insurers: How to Ensure Directors and Officers Land Safely With Side A DIC Insurance Hunton Andrews Kurth
Nov
19
2021
Qualcomm Escapes Diversity Suit Proskauer Rose LLP
Nov
15
2021
Multistate Regulatory Action a Significant Reminder that Insurers Must Only Conduct Business with Licensed TPAs Polsinelli PC
Nov
8
2021
Should Boeing Fly To Nevada? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
3
2021
Court of Chancery Allows LLC’s Breach of Fiduciary Duty, Aiding and Abetting, and Breach of Contract Claims to Proceed, but Not Fraud K&L Gates
Nov
3
2021
As the Battle over the Universata Acquisition Rages, the Chancery Court Finds that the Appropriate Standard of Review Regarding Actions of a Stockholders’ Representative is “Subjective Good Faith” K&L Gates
Nov
3
2021
Court Impact on Securitization [PODCAST] Cadwalader, Wickersham & Taft LLP
Nov
1
2021
Stockholder Bears Burden of Proving Breach of Redemption Obligation; Directors Used Best Judgment to Retain Sufficient Resources of The Company K&L Gates
Nov
1
2021
Weekly Bankruptcy Alert: November 1, 2021 (For the Week Ending October 31, 2021) Pierce Atwood LLP
Oct
28
2021
Lawyer and Witness? Not so fast. Chancery Warns Trial Counsel That His Plan To Testify Flouts Ethical Rules K&L Gates
Oct
28
2021
Flipping Your Business into the United States: Meet the Delaware C Corporation Foley & Lardner LLP
Oct
25
2021
Chancery Court Reaffirms Application of Business Judgment Rule from M & F Worldwide While Dismissing Unsupported Complaint K&L Gates
Oct
22
2021
Don’t Sit on Your Legal Rights, Even with Your Family – Master in Chancery Recommends Dismissal of Former Member’s Claims Against His Family LLC, Based on Laches K&L Gates
Oct
22
2021
Two Common Threshold Issues in LLC Ownership Disputes: Choice of Law and Subject Matter Jurisdiction ArentFox Schiff LLP
Oct
20
2021
Chancery Court Dismisses Disclosure and Breach Claims in LLC Financing Litigation K&L Gates
Oct
19
2021
Weekly Bankruptcy Alert (For the week ending October 17, 2021) Pierce Atwood LLP
Oct
16
2021
CareDx v. Natera – Are Processing Steps Known to the Art Always “Conventional”? Schwegman, Lundberg & Woessner, P.A.
Oct
15
2021
Facebook Escapes Shareholder Derivative Suit as Court Questions Validity of Aronson and Finds Plaintiff Failed to Support Claims of Demand Futility K&L Gates
Oct
14
2021
Shareholder Files Derivative Suit Targeting Company Executives for Greenwashing Robinson & Cole LLP
Oct
11
2021
Delaware Supreme Court Adopts New Three-Prong Test for Demand Futility Sheppard, Mullin, Richter & Hampton LLP
Oct
8
2021
Exculpatory Charter Provisions Provide Corporate Directors Greater Protection Against Derivative Suits Under Delaware's New "Universal" Test for Shareholder Demand Futility K&L Gates
Oct
6
2021
District of Delaware Judge Stops Practice of Referring Certain 12(b)(6) Motions to Magistrates Womble Bond Dickinson (US) LLP
Oct
4
2021
Weekly Bankruptcy Alert October 4, 2021 (For the week ending October 3, 2021) Pierce Atwood LLP
Oct
1
2021
Delaware Supreme Court Holds that Equity Dilution and Expropriation Claims May Only Be Brought Derivatively, Overruling Prior Precedent Sheppard, Mullin, Richter & Hampton LLP
Sep
28
2021
Biden Officials Request Comments on Challenges Facing Key Sectoral Supply Chain Disputes Sheppard, Mullin, Richter & Hampton LLP
Sep
17
2021
Turbulence Ahead for Boards: Boeing Chancery Court Ruling Increases Focus on Board Oversight of Compliance Programs Nelson Mullins
Sep
13
2021
Weekly Bankruptcy Alert September 13 Pierce Atwood LLP
Sep
7
2021
Weekly Bankruptcy Alert September 7, 2021 (For the week ending September 5, 2021) Pierce Atwood LLP
Sep
1
2021
Delaware Court: Redactions in Court Filings Should Not Be an Afterthought Womble Bond Dickinson (US) LLP
Aug
30
2021
D&O Insurer Must Fund $18 Million Defense of Mortgage Broker in Fed’s Investigation of False Claims Act Violations Hunton Andrews Kurth
Aug
24
2021
Delaware Court Upholds Policyholder’s Choice of Forum, Denies Insurers’ “First-Filed” Argument Following Race to the Courthouse Hunton Andrews Kurth
Aug
4
2021
L Brands Settles Derivative Suits Proskauer Rose LLP
Aug
4
2021
Looking For Stiffer Loan Terms? Nevada May Be Able To Help Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
3
2021
2021 Amendments to Delaware Entity Statutes McDermott Will & Emery
Aug
2
2021
Weekly Bankruptcy Alert - Week Ending August 1, 2021 Pierce Atwood LLP
Jul
30
2021
Different Committee, Different Scope: Delaware Court Holds Credentials Committee Documents May Be Subject to Discovery Polsinelli PC
Jul
30
2021
Damages and Termination Fee Claims Rejected in Anthem-Cigna Failed Merger Suit 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
Jul
26
2021
Weekly Bankruptcy Alert: July 26, 2021 Pierce Atwood LLP
Jul
22
2021
Delaware Set to Increase Minimum Wage to $15 by 2025 Epstein Becker & Green, P.C.
Jul
22
2021
A New Strain of COVID-19 Shareholder Suit Proskauer Rose LLP
Jul
16
2021
Delaware Bankruptcy Court Decision Supports Pathway to Make Chapter 11 Cases Less Expensive Squire Patton Boggs (US) LLP
Jul
14
2021
Beneficial Owner Has No Right To Inspect Delaware Corporation's Books Under California Law Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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