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
Aug
5
2020
COVID-19: Delaware's 2020 Amendments to Its General Corporation Law to Respond To COVID-19 And More K&L Gates
Aug
5
2020
Court of Chancery Addresses Direct-Derivative Suit Distinction in The Context of A Merger Transaction K&L Gates
Aug
4
2020
Chancery Court Holds Late Breach of Fiduciary Duty Claim is Barred by Laches K&L Gates
Aug
4
2020
Delaware Court of Chancery Rejects Business Judgement Rule Protection for Stockholder-Negotiated Redemption K&L Gates
Aug
3
2020
Master in Chancery Dismissive of Fiduciary Seek Dismissal, Applies familiar 12(B)(6) Standard K&L Gates
Aug
3
2020
Oracle Special Litigation Committee Defeats Motion to Compel Production of Protected Work Product K&L Gates
Jul
28
2020
Chancery Court Declines to Dismiss Breach of Contract, Implied Covenant and Declaratory Judgment Claims Stemming from Termination Purportedly for Cause K&L Gates
Jul
28
2020
COVID-19: US State Policy Report – July 27, 2020 Squire Patton Boggs (US) LLP
Jul
28
2020
Board Guidance: Getting To Business Judgment Rule Deference When You Have A Controlling Stockholder Sheppard, Mullin, Richter & Hampton LLP
Jul
23
2020
Court Of Chancery Denies Motion For Declaratory Judgement K&L Gates
Jul
22
2020
Efficient Breach of Contracts in the COVID-19 Era Robinson & Cole LLP
Jul
22
2020
New Amendments to Delaware General Corporation Law Will Make It Easier for Companies to Become Public Benefit Corporations Faegre Drinker
Jul
21
2020
Court of Chancery Sheds Light on the Appropriate Amount of Reserves for Corporations in Dissolution K&L Gates
Jul
21
2020
Court Relies on Canons of Construction to Find LLC Agreement Consent Right Inapplicable to Contemplated Sale of Subsidiary Stock K&L Gates
Jul
21
2020
Must A Corporation Have Bylaws? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
20
2020
Delaware Supreme Court Affirms Appraisal Award Using Corporation’s Unaffected Market Price As Fair Value Sheppard, Mullin, Richter & Hampton LLP
Jul
20
2020
Are Bylaws Contracts Under California Law? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
17
2020
Delaware Committee AB Initio Will Cleanse a Conflicted Transaction in Contexts of Majority-Conflicted Board And Financial Advisors Disclosures K&L Gates
Jul
17
2020
COVID-19: US State Policy Report – July 16, 2020 Squire Patton Boggs (US) LLP
Jul
15
2020
Delaware Court of Chancery Hold That Directors on a Special Committee are Interested in a Going Private Merger When the Merger Effectively Extinguishes Their Personal Liability from Viable Derivative Litigation K&L Gates
Jul
15
2020
Director Who Led Merger Negotiations, Without Disclosing Details of a Lucrative Pay Package He Was Offered to Lead the Post-Merger Company, Must Face Fiduciary Duty Claims Cadwalader, Wickersham & Taft LLP
Jul
13
2020
Delaware Supreme Court Upholds Exclusive Federal Forum Selection Provisions Polsinelli PC
Jul
9
2020
Court Of Chancery Analyzes Books And Records Claim Under The LLC Act 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
Jul
7
2020
COVID-19: US State Policy Report – July 6, 2020 Squire Patton Boggs (US) LLP
Jul
2
2020
Motion to Add Willful Infringement Charge Based Entirely on Post-Suit Activity Is Granted…Because It Is Unopposed Mintz
Jul
2
2020
Public Policy Daily Briefing – July 2, 2020 Squire Patton Boggs (US) LLP
Jun
27
2020
Business Victorious in Unclaimed Gift Card False Claims Case McDermott Will & Emery
Jun
26
2020
COVID-19: US State Policy Report – June 26, 2020 Squire Patton Boggs (US) LLP
Jun
24
2020
Chancery Court Reaffirms Delaware Policy of Broad Section 220 Stockholder Inspection Rights K&L Gates
Jun
24
2020
Court of Chancery Hesitates to Dismiss Lawsuit, Stays Litigation Pending Texas Lawsuit 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
Jun
23
2020
Delaware Court of Chancery Imposes Charging Order on Distributions Related to to Defendant's LLC Membership Interest K&L Gates
Jun
22
2020
COVID-19: US State Policy Report – June 22, 2020 Squire Patton Boggs (US) LLP
Jun
19
2020
Chancery Court Declines to Move Books and Records Dispute to New York Despite New York Venue Clause in LLC Agreement K&L Gates
Jun
19
2020
Delaware Court of Chancery Imposes Charging Order on Distributions Related to Defendant's LLC Membership Interest K&L Gates
Jun
17
2020
Delaware Issues Guidance for Employers as State Enters Phase 2 of Reopening Plan Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
2
2020
Chancery Court Declines To Dismiss Derivative Claims For Audit Committee Oversight Failure And Unjust Enrichment K&L Gates
May
29
2020
Delaware Supreme Court Holds Federal Forum Provisions Valid Barnes & Thornburg LLP
May
29
2020
Delaware Court of Chancery Strictly Construes Right to Discovery of Stockholders Represented By a Contractually Created “Shareholder Representative” Sheppard, Mullin, Richter & Hampton LLP
May
26
2020
Chancery Court Rules That LLC Unit Buyout Provision Operated As a Call Option K&L Gates
May
23
2020
Court of Chancery Decides Motions to Dismiss, Motion for Summary Judgment, and Motion for Judgment on The Pleadings when Plaintiff Sues Stockholders and Directors of The Company He Founded K&L Gates
May
22
2020
Court of Chancery Decides Motions to Dismiss, Motion for Summary Judgement, and Motion for Judgement on the Leadings When Plaintiff Sues Stockholders and Directors of the Company He Founded K&L Gates
May
20
2020
Delaware Supreme Court Upholds Validity of Exclusive Federal Forum Provisions Faegre Drinker
May
20
2020
COVID-19 and Down-Round Financings Mintz
May
19
2020
Court of Chancery Defers to Board of Director's Business Judgement in Response to Stockholder's Dividend Demand K&L Gates
May
19
2020
Do Judges Need To Put Wax In Their Ears To Avoid Delaware's Siren Song? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
16
2020
Court Of Chancery Applies Entire Fairness Standard To Stock Sale Approved By Interested Board Of Directors K&L Gates
May
15
2020
Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage Mintz
May
15
2020
Court of Chancery Analyzes LLC Valuation Reports in Connection with Breach of Fiduciary Duty K&L Gates
 

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