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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Mar
21
2014
Some Corporations Code Mysteries Re: California and Delaware Corporations Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
25
2018
Some Claims Survive Summary Judgment in the Ebix Shareholder Litigation K&L Gates
Dec
19
2018
Some California Implications Of Delaware's New LLC Division Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
16
2022
SolarWinds: A Lesson on How Companies Victimized by Data Breaches Can Quickly Become the Target of Litigation and Regulatory Investigations Proskauer Rose LLP
May
28
2021
Slights Sees No Dualism In Corporate Form Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
15
2011
Sixth Circuit Reverses Dismissal of a Shareholder Derivative Action Based Upon the Lack of Independence of the Special Litigation Committee Sheppard, Mullin, Richter & Hampton LLP
May
15
2010
Single-Purpose Entities and Independent Directors: Does the General Growth Ruling Change Structured Finance? Vedder Price
Apr
16
2024
Significant Recent Decisions Relevant to Private Company M&A Foley & Lardner LLP
Sep
12
2017
Should You Mediate Your Family-Owned Business Dispute? Murtha Cullina
Dec
9
2014
Should Judicial Deference To The SEC Be Strong, Weak or Non-Existent? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
25
2012
Should Investors Buck the Status Quo with LLCs? Dinsmore & Shohl LLP
Jun
1
2021
Should Insider Reverse Veil Piercing Be Applied To Protect Constitutional Rights? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
8
2021
Should Boeing Fly To Nevada? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
25
2017
Shareholders Seeking Books and Records Must Demonstrate Credibility Basis to Infer Wrongdoing Bracewell LLP
Jun
5
2014
Shareholder Voting: What Good Can Come From Letting The Indifferent and Undecided Hold Sway? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
23
2014
Shareholder Voting: If Fee-Shifting Bylaws Are Ever Put On Trial, This Case Should Be Exhibit A Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
9
2020
Shareholder Seeks Second Look At Company Data Security Practices Proskauer Rose LLP
Aug
19
2016
Shareholder Proxy Statement Argues That Resolving Dispute In California Court Was “Costly And Time Consuming” Ouch! Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
14
2021
Shareholder Files Derivative Suit Targeting Company Executives for Greenwashing Robinson & Cole LLP
Feb
2
2014
Shareholder Derivative Suit Dismissed for Failure to Show Demand Futility Katten
Mar
8
2022
Seventh Circuit Strikes Down Delaware Forum Selection Clause and Clears Path to Federal Court for Securities Exchange Act Claims K&L Gates
Sep
30
2016
Settlements of Director Compensation Litigation Raise Issues Morgan, Lewis & Bockius LLP
Dec
21
2019
Settlement Agreement Violates Preferred Stockholder Consent Rights K&L Gates
Jul
23
2014
Sender Beware: How Your Emails or Letters may be Ruled a Binding Contract Heyl, Royster, Voelker & Allen, P.C.
Jan
22
2024
Segway Segues Over Choice of Law Question Inherent in Officer Caremark Claims Allen Matkins Leck Gamble Mallory & Natsis LLP
Apr
14
2022
Securities Litigation Update: Courts of Appeal Address the Exchange Act’s Exclusive-Jurisdiction and Non-Waiver Provisions, the Duty to Disclose, and Scienter Cadwalader, Wickersham & Taft LLP
Apr
4
2020
Second Circuit Holds that Registering to do Business in New York Under Section 1301 of the Business Corporation Law Does Not Constitute Consent to General Personal Jurisdiction in New York Courts Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2016
SEC Alleges LLC Names Were “Deceptively Similar”, But What Would California SOS Do? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
31
2019
Russian Interference and Data Privacy: Facebook Stockholders Demand Section 220 Inspection to Investigate Wrongdoing of Board and Senior Management K&L Gates
Dec
11
2015
Running Shoe Companies Accused of Infringing Sports Apparel Patent Proskauer Rose LLP
Nov
6
2016
Revlon and Unocal Enhanced Scrutiny Rejected for Dissolution Plan K&L Gates
Dec
31
2014
Review Twice, File Once, Review Again; UCC-3 Termination Intent Irrelevant Bilzin Sumberg
Jun
3
2021
Reverse Veil-Piercing Endorsed by Delaware Chancery Court Bracewell LLP
May
15
2014
Retailers Should Examine Gift Card Practices in Light of a Recent Unclaimed Property False Claims Action McDermott Will & Emery
Feb
5
2013
Restructuring Support Agreements, Ad Hoc Committees And Non-Debtor Third-Party Releases Win by a Nose Bracewell LLP
 

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