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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May
2
2018
Chancery Court Nullifies Dissolution Of Limited Liability Companies For Failure To Set Aside A Reserve To Satisfy Known Claims K&L Gates
Oct
19
2017
Chancery Court Partially Grants Books and Records Request K&L Gates
May
11
2017
Chancery Court Permits Limited Partners’ Claims Against General Partners to Proceed Despite Ongoing Bankruptcy of the Partnership K&L Gates
Jul
7
2017
Chancery Court Preserves Advancement for Corporate Officers Despite Exclusive Remedies and Seller Release Provisions in Stock Purchase Agreement K&L Gates
Oct
25
2021
Chancery Court Reaffirms Application of Business Judgment Rule from M & F Worldwide While Dismissing Unsupported Complaint K&L Gates
Jun
24
2020
Chancery Court Reaffirms Delaware Policy of Broad Section 220 Stockholder Inspection Rights K&L Gates
Oct
31
2019
Chancery Court Reaffirms Protection Of Mandatory Advancement Rights K&L Gates
Jul
2
2019
Chancery Court Requires All Sellers To Be Joined To A Rescission Claim Relating To Merger Agreement; Allows Unjust Enrichment Claim To Proceed K&L Gates
Mar
30
2019
Chancery Court Rules Inequitable Conduct May Be Considered Within the Scope of a Section 225 Review K&L Gates
Sep
16
2020
Chancery Court Rules on Agribusiness Sale Fraud Suit K&L Gates
Jun
24
2020
Chancery Court Rules on Fraud Claims and Breach of Fiduciary Duty Claim Against a Solar Project Fund and Its Manager K&L Gates
Jul
20
2018
Chancery Court Rules that Investing in Competing Businesses Does Not Constitute Misappropriation of Trade Secrets When Permitted by Governing Documents K&L Gates
May
26
2020
Chancery Court Rules That LLC Unit Buyout Provision Operated As a Call Option K&L Gates
Sep
4
2018
Chancery Court Sets Fair Value in Appraisal Action at Deal Price Less Synergies K&L Gates
Jun
29
2018
Chancery Court Sets Fair Value in Appraisal Action Below the Valuations Suggested by the Parties K&L Gates
May
4
2021
Chancery Court Sustains Derivative Action Alleging Caremark Claims K&L Gates
Jul
13
2019
Chancery Court Transfers Case Due to Lack of Jurisdiction K&L Gates
Jul
24
2017
Chancery Court Vacates Order of Default Judgement due to Lack of Subject Matter Jurisdiction K&L Gates
Sep
20
2018
Chancery Court Validates a Defective Merger and Reaffirms Reliance on Outside Legal Counsel Under Delaware Law K&L Gates
May
6
2020
Chancery Orders Accounting For Payments To Former Director And Ceo Affiliate; Rejects Most Breach Of Fiduciary Duty Claims K&L Gates
Sep
6
2017
Change is on the Horizon for State Estate Tax Laws Greenberg Traurig, LLP
Nov
25
2020
Channeling Claims: the Importance of Considering (and Updating) Exclusive Forum Provisions Now K&L Gates
Feb
5
2019
Charlotte Russe Files for Chapter 11 Bankruptcy Protection Stark & Stark
Jul
11
2019
Charming Charlie Bankruptcy: Retailer Files for Second Chapter 11 Bankruptcy Stark & Stark
Oct
11
2023
Chat with Caution: The Growing Data Privacy Compliance and Litigation Risk of Chatbots Pierce Atwood LLP
Mar
20
2023
Choice Of Law And Holding Companies Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
15
2017
Choice Of Law Provision In Stockholder's Agreement Insufficient to Create Personal Jurisdiction Over Delaware Corporation's Former CEO K&L Gates
Jan
19
2016
Choosing Delaware, Instead Of California Law, May Prove Very Costly Indeed! Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
9
2018
Claim Trading Industry: Pay Attention to Anti-Assignment Provisions! Squire Patton Boggs (US) LLP
Nov
22
2017
Class Action Dismissed as Demand was Not Excused as Futile; Plaintiff Failed to Allege Facts Sufficient to Establish that a Majority of the Board Faced Substantial Likelihood of Liability for Non-Exculpated Claims K&L Gates
Aug
29
2016
Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction McDermott Will & Emery
Apr
25
2024
Conflict Between Delaware LLC Act and Bankruptcy Code Affects Creditor Toolbox Proskauer Rose LLP
Jul
11
2018
Consent To Jurisdiction Does Not Equal Mandatory Forum Selection K&L Gates
Oct
16
2016
Consider Indemnification and Advancement Obligations When Drafting Limited Liability Company Operating Agreements Murtha Cullina
Apr
17
2017
Continuing Confusion About Shareholder Approval Requirements Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
7
2016
Contract Agreements: Transaction in Hand is Worth Two in Bush Dinsmore & Shohl LLP
Dec
14
2018
Contract Language Must Be Unambigous For Chancery Court To Grant Dismissal As Matter Of Law K&L Gates
Feb
12
2018
Contracting Party Beware: The Implied Covenant Will Not Save You From Your Agreement If You Negotiated Away Your Rights Cadwalader, Wickersham & Taft LLP
May
16
2019
Contractual Ambiguities Favor the Non-Moving Party at Motion To Dismiss Stage K&L Gates
Sep
6
2018
Controller Breaches Fiduciary Duties By Coercing Onerous Financing Terms K&L Gates
May
25
2018
Controlling Stockholder Cannot Advance its own Self-Interest at Expense of Minority Stockholders K&L Gates
Mar
22
2021
Copenhagen Counsel Causes Choice Of Delaware Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
4
2016
Corporate Boards of Directors: California, Delaware And Nevada Differ On Committee Composition Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
18
2017
Corporate Director Liability: Corwin v. KKR Fin. Holdings Cannot Cleanse Everything Dinsmore & Shohl LLP
Nov
3
2016
Corporate Governance: When CEOs Read This, They May Become Less Enamored Of Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
14
2016
Corporate Law and Acting in Bad Faith: As Delaware Goes, So Goes Washington? Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
15
2017
Corporate Law: After 25 Years, Delaware Begins To See The Light Allen Matkins Leck Gamble Mallory & Natsis LLP
May
1
2017
Corporate Law: California And Van Gorkom [Smith v. Van Gorkom] Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
11
2016
Corporate Officers: Got Business Judgment Rule? Nevada Says Yes, Delaware Maybe Not Allen Matkins Leck Gamble Mallory & Natsis LLP
May
13
2019
Court Declines to Award Attorneys’ Fees Under Corporate Benefit Doctrine Because Plaintiff Opposed the Benefit During Litigation K&L Gates
 

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