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
12
2020
Supreme Court Update: Tanzin v. Tanvir (No. 19-71); Carney v. Adams (No. 19-309); United States v. Briggs (No. 19-108); Rutledge v. Pharmaceutical Care Management Association (No. 18-540) Wiggin and Dana LLP
Dec
9
2020
Shareholder Seeks Second Look At Company Data Security Practices Proskauer Rose LLP
Dec
7
2020
Weekly Bankruptcy Alert: December 7 Pierce Atwood LLP
Dec
4
2020
COVID-19: US State Policy Report – December 3, 2020 Squire Patton Boggs (US) LLP
Nov
30
2020
India: Intersection of Private International Law and Taxation: Bombay High Court Applies Lex Domicilii Rule in Tax Matters Nishith Desai Associates
Nov
30
2020
California and Delaware Franchise Taxes Are Similar In Name Only Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
28
2020
COVID-19: US State Policy Report – November 25, 2020 Squire Patton Boggs (US) LLP
Nov
25
2020
Channeling Claims: the Importance of Considering (and Updating) Exclusive Forum Provisions Now K&L Gates
Nov
24
2020
Insurer Ordered to Clean Up Robot Vacuum Cleaner’s IP-Related Suit Hunton Andrews Kurth
Nov
23
2020
COVID-19: US State Policy Report – November 20, 2020 Squire Patton Boggs (US) LLP
Nov
18
2020
Can’t Have It Both Ways: Court Grants Grupo México’s 12(B)(2) Motion to Dismiss for Lack of Personal Jurisdiction K&L Gates
Nov
18
2020
Dark Winter for Trial Lawyers McDermott Will & Emery
Nov
17
2020
Court of Chancery Allows For Interim Distribution to Stockholders of Altaba, Inc., with Some Conditions K&L Gates
Nov
10
2020
COVID-19: US State Policy Report – November 3-9, 2020 Squire Patton Boggs (US) LLP
Nov
9
2020
Youfit Health Clubs Files for Chapter 11 Bankruptcy in Delaware Stark & Stark
Nov
3
2020
Delaware Court of Chancery Denies Motions to Dismiss Claims Alleging Breaches of Fiduciary Duty in Alleged Controlling Stockholder Tender Offer 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.
Oct
30
2020
Court Dismisses Contractual Claims for Advancement and Indemnification K&L Gates
Oct
29
2020
Election Night for Insurance Geeks: 2020 Edition Faegre Drinker
Oct
22
2020
Chancery Court Finds Excusable Neglect and Vacates Default Judgement K&L Gates
Oct
20
2020
Delaware Court of Chancery Finds Valuation of Stock Alone is Sufficient to Support Books and Records Request K&L Gates
Oct
19
2020
Delaware Supreme Court Reaffirms Primacy of Market Evidence in Determining Fair Value in Appraisal Proceedings Cadwalader, Wickersham & Taft LLP
Oct
16
2020
Why Are Stockholders Of A Nevada Corporation Invoking The DGCL? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
15
2020
Delaware Chancery Court Parses Valuation Methods in Battle of the Experts K&L Gates
Oct
8
2020
Are Antitrust Risk Allocation Provisions in Merger Agreements Worthless? Proskauer Rose LLP
Oct
2
2020
Forum Selection Clause Found To Violate Unwaivable Right To A Jury Trial Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
30
2020
Chancery Court Clarifies MFW Protections Must Be Implemented Prior To Any Substantive Economic Negotiations K&L Gates
Sep
26
2020
COVID-19: US State Policy Report – September 24 and 25, 2020 Squire Patton Boggs (US) LLP
Sep
24
2020
2020 Amendments to the General Corporation Law of the State of Delaware Greenberg Traurig, LLP
Sep
17
2020
Failed Breach of Contract Claims Underscore Chancery Court's Focus on Contractual Plain Language over Outside Evidence K&L Gates
Sep
16
2020
EPA Expands NPL List - Is Your Company a Potentially Responsible Party? K&L Gates
Sep
16
2020
Chancery Court Rules on Agribusiness Sale Fraud Suit K&L Gates
Sep
16
2020
Chancery Court Dismisses Former LLC Member's Claims for Alleged Amounts Owed and Breach by Former Co-Members 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
Sep
15
2020
French and American Luxury Brands Litigate Delayed Merger MoginRubin
Sep
9
2020
Delaware Court of Chancery Clarifies that Management Cannot Unilaterally Curtail a Director’s Access to Corporation’s Privileged Information Sheppard, Mullin, Richter & Hampton LLP
Sep
9
2020
California Court Rules Federal Forum Bylaw Provision To Be "Procedurally unconscionable. Indeed, glaringly so." Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
3
2020
COVID-19: US State Policy Report – September 2, 2020 Squire Patton Boggs (US) 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
Aug
27
2020
COVID-19: US State Policy Report – August 26, 2020 Squire Patton Boggs (US) LLP
Aug
26
2020
Chancery Court Dismisses Plaintiff's Claims Against Three Former Members of the Board K&L Gates
Aug
26
2020
Chancery Court Denies Assignor's Inspection Demand Under Real Party in Interest Rule, Prohibits Substitute Plaintiff K&L Gates
Aug
24
2020
Delaware Court of Chancery Further Clarifies the “Ab Initio” Requirement in Finding That Discussions Between the Controlling Stockholder and a Minority Stockholder Precluded the Application of MFW Cadwalader, Wickersham & Taft LLP
Aug
19
2020
Chancery Court Looks Past “Sham” Paper Trail to Determine Ownership of Holding Company for Argentina Media Conglomerate K&L Gates
Aug
18
2020
Delaware Court of Chancery Applies the Internal Affairs Doctrine to Deny Stockholder Inspection Rights Under a Foreign State’s Law Sheppard, Mullin, Richter & Hampton LLP
Aug
18
2020
Specific Language of Operating Agreements Key in Chancery Court Dismissal of “Laundry List” of Claims Against LLC Managers K&L Gates
Aug
13
2020
Delaware Court of Chancery Dispenses with Multiple Motions and Claims as Business Partners Take a “Kitchen Sink” Approach to Ascribing Blame and Seeking Recourse in Business Endeavor K&L Gates
Aug
13
2020
District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege Egregious Infringing Conduct Mintz
Aug
11
2020
Chancery Court Honors Shareholder Representative Provision Holding Selling Stockholders Are Not Real Parties-In-Interest K&L Gates
Aug
6
2020
COVID-19: US State Policy Report – August 5, 2020 Squire Patton Boggs (US) LLP
 

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