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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Feb
6
2023
Even-handed Thievery: SEC Sanctions Unregistered Investment Adviser for Fraudulent: I) Investment Advice, AND II) Filings for PPP Loans Norris McLaughlin P.A.
Feb
22
2019
Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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.
Apr
23
2020
Un-PAUSE New York: What Empire State Employers Need to Know About Reopening the Workplace Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
21
2021
Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
3
2020
Delaware Governor Orders High-Risk Essential Businesses to Conduct Screenings Upon Entry Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
22
2022
White House Focuses on Pay Equity and Transparency Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
23
2020
Delaware Governor Issues Statewide Order Closing All Non-Essential Businesses Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
17
2020
Delaware Issues Guidance for Employers as State Enters Phase 2 of Reopening Plan Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2020
Delaware Governor Issues Order Imposing Obligations on Businesses Regarding the Use of Face Coverings Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
30
2020
Massachusetts Nonsolicitation Case Highlights Importance of Choice-of-Law Provisions Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
11
2021
Federal District Court Order Provides Guidance Related to Disciplining Employees Who Abuse Leaves of Absence Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
15
2014
Even if You Don't Sign on the Dotted Line – A Delaware LLC and its Members are Bound by the Company’s LLC Agreement, Whether or Not They Sign the Agreement Greenberg Traurig, LLP
Sep
12
2023
Update: Processing Sensitive Personal Information under U.S. State Privacy Laws Greenberg Traurig, LLP
Feb
17
2013
Lock Up Your Creditors - Court Gives Broad Protection to Binding Plan Support Agreements Greenberg Traurig, LLP
Feb
25
2019
Limits on Administrative Orders to Clean Up in Delaware Greenberg Traurig, LLP
Sep
12
2023
Update: Processing Sensitive Personal Information under U.S. State Privacy Laws Greenberg Traurig, LLP
Jun
28
2011
Delaware Court Expands Restrictions on Assignment of Intellectual Property Licenses in Mergers and Acquisitions Greenberg Traurig, LLP
May
30
2013
Delaware Chancery's Latest on Business Judgment Rule Unification: In Re MFW Shareholders Greenberg Traurig, LLP
Mar
19
2014
Delaware Supreme Court Affirms that Controller Buyouts Can be Reviewed under the Business Judgment Rule If They Are Conditioned Up Front on Dual Approval Safeguards Greenberg Traurig, LLP
Dec
17
2018
California Employee Can Agree to Non-Compete Clause When Represented by Counsel Greenberg Traurig, LLP
Feb
20
2020
Federal Court Denies Request of Foreign Companies to Conduct Discovery in the United States in Aid of a Foreign-Seated Arbitration Greenberg Traurig, LLP
May
31
2013
NetSpend: Delaware Chancery Criticizes Single-Buyer Negotiating, Use of DADW & Revlon Process, But Denies Injunction Greenberg Traurig, LLP
Jul
20
2013
Delaware Court of Chancery Upholds Facial Validity of Exclusive Forum Bylaws Adopted Unilaterally Greenberg Traurig, LLP
Jan
31
2014
Delaware Court of Chancery Upholds the Facial Validity of Organic Exclusive Forum Provisions, But Future “As‐ Applied” Challenges Could be a Different Matter Greenberg Traurig, LLP
Jun
14
2016
Making Bankruptcy Remoteness More Remote in Delaware Greenberg Traurig, LLP
Sep
23
2011
Creditors of a Delaware LLC Do Not Have Standing to Sue Derivatively and Must Rely on Contractual Remedies Greenberg Traurig, LLP
Jan
31
2014
Amendments to Delaware Limited Liability Company Act Confirm that Managing Members and Managers of Delaware Limited Liability Companies Owe Default Fiduciary Duties Greenberg Traurig, LLP
Mar
18
2021
Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act [Podcast] Greenberg Traurig, LLP
Feb
6
2023
Delaware Court of Chancery Determines that Corporate Officers Owe Duty of Oversight: Practical Considerations Greenberg Traurig, LLP
Sep
24
2020
2020 Amendments to the General Corporation Law of the State of Delaware Greenberg Traurig, 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
Nov
11
2011
DRBC Releases Final Draft Regulations on Natural Gas Development Greenberg Traurig, LLP
Apr
8
2013
Public Company M&A Development: Proposed Amendments to Section 251 of the Delaware General Corporation Law (DGCL) Should Lead to Increased Use of Negotiated Tender Offers Greenberg Traurig, LLP
May
23
2022
Preparation of Corporate and M&A Documents for Proposed 2022 Delaware Corporate Law Amendments Greenberg Traurig, LLP
Sep
6
2017
Change is on the Horizon for State Estate Tax Laws Greenberg Traurig, LLP
Jan
19
2022
2021 Delaware Corporate Law Year in Review - Part 1 of 3 Greenberg Traurig, LLP
Aug
28
2013
2013 Amendments to the Delaware General Corporation Law Greenberg Traurig, LLP
Jan
19
2022
2021 Delaware Corporate Law Year in Review - Part 2 of 3 Greenberg Traurig, LLP
Feb
22
2023
Public Benefit Corporations: Intersection of Delaware Corporate Law, ESG, and Related Considerations Greenberg Traurig, LLP
Aug
27
2020
Ponzi Scheme Discovery Boom May Follow in the Wake of Worldwide Economic Contraction: Case Law Update and Key Takeaways for Defending Aiding and Abetting Claims Greenberg Traurig, LLP
Jan
19
2022
2021 Delaware Corporate Law Year in Review - Part 3 of 3 Greenberg Traurig, LLP
Jan
29
2023
2022 Delaware Corporate Law Year in Review Greenberg Traurig, LLP
Jan
9
2024
Year-End 2023 Delaware Corporate and M&A Law Update Greenberg Traurig, LLP
Sep
28
2023
Mid 2023 Delaware Corporate and M&A Law Update Greenberg Traurig, LLP
Jul
16
2014
Don’t Leave It Out of Your Earn-Out – Delaware Court of Chancery Addresses Implied Covenant of Good Faith and Fair Dealing in the Context Contingent Purchase Price Provisions Greenberg Traurig, LLP
Oct
3
2019
Does Section 1782 Apply to Discovery in Private International Commercial Arbitration Proceedings? Greenberg Traurig, LLP
Apr
28
2023
Early 2023 Delaware Corporate and M&A Law Review Greenberg Traurig, LLP
Feb
25
2016
What’s the Deal with Par Value? re: Corporate Tax Greenberg Traurig, LLP
Jan
29
2019
Time to Update Your Loan Documents Due To New Delaware “Divisive Merger” Law Steptoe & Johnson PLLC
 

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