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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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
Oct
30
2020
Court Dismisses Contractual Claims for Advancement and Indemnification K&L Gates
Jul
9
2020
Court Finds Defendants Did Not Breach Fiduciary Duties by Causing Company Accumulate Cash in Anticipation of Stock Redemption Rather than Investing in Long-Term Growth K&L Gates
Dec
11
2012
Court Finds Personal Jurisdiction over Foreign Business Under a Conspiracy Theory Katten
Jan
26
2021
Court Holds Data Breach Notice Disclosing Potential Cyberattack Did Not Establish Plaintiffs’ Standing in Privacy Litigation Squire Patton Boggs (US) LLP
Jun
1
2023
Court Holds State Owned LLCs Are Not "Political Subdivisions" Allen Matkins Leck Gamble Mallory & Natsis LLP
May
15
2020
Court Holds Trustee Did Not Abuse Discretion in Rejection Competing Acquisition Proposal for Liquidated Entity's Assets K&L Gates
Nov
3
2021
Court Impact on Securitization [PODCAST] Cadwalader, Wickersham & Taft LLP
Jan
10
2022
Court Issues Highly-Anticipated Decision Regarding the Treatment of SPAC Sponsors and Directors Mintz
Mar
11
2019
Court Lacks Authority To Order Buyout Of Foreign Entities Allen Matkins Leck Gamble Mallory & Natsis LLP
May
31
2018
Court Of Appeal Dismisses Case Based Certificate Of Incorporation' Forum Selection Clause Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
16
2017
Court Of Appeal Finds No Right To Jury In Shareholder Class Action Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
26
2018
Court Of Appeal Finds No Right To Sue Directors In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
25
2020
Court of Appeal Has "No Comment" On Trulia Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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