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
14
2023
Understanding Why More Non-Traded REITs and Real Estate Funds Are Adopting a DST Structure as Part of a Capital Raise Polsinelli PC
Jan
4
2024
Understanding How the Corporate Transparency Act Will Apply to the Delaware Statutory Trust Structure Polsinelli PC
Jul
14
2017
Under Delaware Law, the Occurrence of Alleged Illegal Conduct at a Company Is Not Enough to Plead Demand Futility Sufficient to Give Stockholders Standing to Sue Derivatively Sheppard, Mullin, Richter & Hampton LLP
Aug
22
2017
Unclean Hands and Unreasonable Demands — Chancery Court Holds That Plaintiff’s Fiduciary Duty Claims Fail Due to Doctrine of Unclean Hands K&L Gates
Jun
9
2014
Unclaimed Property Audit Lawsuit Filed Against Kelmar: You Do the Math McDermott Will & Emery
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.
Jul
2
2015
UCLA Professor Bainbridge Takes On S.B. 75 And The Delaware Bar Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
25
2016
Two Recent Delaware Decisions Further Illustrate Scope of Section 220 Discovery Bracewell LLP
Oct
19
2015
Two Is Not A Lot And It’s Certainly Not Extensive Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
22
2021
Two Common Threshold Issues in LLC Ownership Disputes: Choice of Law and Subject Matter Jurisdiction ArentFox Schiff LLP
Sep
17
2021
Turbulence Ahead for Boards: Boeing Chancery Court Ruling Increases Focus on Board Oversight of Compliance Programs Nelson Mullins
May
1
2023
TripAdvisor Suit Invites Delaware To Become The Hotel California Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
14
2023
TripAdvisor Reports Approval of Nevada Redomestication Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
19
2023
Trending in Telehealth: June 27 – July 10, 2023 McDermott Will & Emery
Apr
23
2024
Trending in Telehealth: April 9 – April 15, 2024 McDermott Will & Emery
Dec
23
2019
Transportation and Climate Initiative Issues Draft Cap-and-Investment MOU, Seeks Public Comment Beveridge & Diamond PC
Mar
19
2020
Transactions Involving Controlling Stockholder as a Result of Actual or Inherent Coercion are Subject to entire Fairness Standard of Review K&L Gates
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
Mar
26
2018
Top Three Changes in Delaware’s New Proposed Telemedicine Rules Foley & Lardner LLP
Sep
26
2017
Too Many Cooks in the Kitchen – Deadlocked Management Leads to LLC Dissolution K&L Gates
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.
Jan
29
2019
Time to Update Your Loan Documents Due To New Delaware “Divisive Merger” Law Steptoe & Johnson PLLC
Jan
3
2022
Time Is Money: A Quick Wage-Hour Tip on …Did You Remember to Make Necessary Changes to Comply with New 2022 State and Local Wage-Hour Laws? Epstein Becker & Green, P.C.
Aug
6
2019
Three Things to Learn from Delaware Supreme Court’s Opinion on Board of Director Oversight Duties (Marchand v. Barnhill) Mintz
Mar
17
2016
Three Questions To Ask Before Incorporating In Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
14
2015
This Stockholder Would Rather Fly To Delaware Than Drive To L.A. Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
16
2014
This Proposed Amendment To DGCL (Delaware General Corporation Law) Section 141(f) Is A Curate’s Egg Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
2
2014
This Plaintiff Dreamed Of Shares That Never Were Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
29
2022
This "Defunct" Delaware Corporation Remains A California Citizen Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
24
2019
Third Circuit Says the FCA Does Not Guarantee A Hearing When DOJ Seeks to Dismiss Declined FCA Cases Mintz
Nov
18
2013
Third Circuit Finds Delaware Chancery’s Arbitration Program Unconstitutional Katten
Feb
7
2019
Things Remembered Files for Chapter 11 Bankruptcy Protection Stark & Stark
Jul
12
2021
The “State” of Telehealth: Delaware Expands Access to Telehealth Sheppard, Mullin, Richter & Hampton LLP
Aug
22
2014
The Wal-Mart Decision: Just How Big A Blow Did the Delaware Supreme Court Deal To Corporations? Barnes & Thornburg LLP
Mar
5
2013
The United States of Online Gaming Dinsmore & Shohl LLP
 

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