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
7
2013
A Return to the Old Normal – Delaware Confirms That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law Armstrong Teasdale
Jul
31
2013
Subjective vs. Objective: Beliefs Matter for Fiduciaries of Delaware Limited Liability Partnerships and Limited Liability Companies Barnes & Thornburg LLP
Nov
6
2014
Whose Burden Is it to Check for Mistakes in UCC Filings? Delaware Supreme Court Flips Bankruptcy Court’s Ruling in GM Bankruptcy Case Barnes & Thornburg LLP
Dec
16
2023
Duty to Advance Defense Expenses Should Mean What It Says Under D&O Policies Barnes & Thornburg LLP
Mar
23
2022
D&O Policy ‘Related Claims’ Ruling Highlights Importance of How Your Policy is Written Barnes & Thornburg LLP
Nov
19
2012
Delaware Supreme Court Alters Fiduciary Duty Landscape for LLCs Barnes & Thornburg LLP
May
29
2020
Delaware Supreme Court Holds Federal Forum Provisions Valid Barnes & Thornburg LLP
Aug
22
2014
The Wal-Mart Decision: Just How Big A Blow Did the Delaware Supreme Court Deal To Corporations? Barnes & Thornburg LLP
Jan
2
2015
Year in Review: Government Enforcement/Financial Litigation Developments Barnes & Thornburg LLP
Sep
25
2023
False Claims Act Investigation Is Covered Under Insured’s D&O Policy, Court Says Barnes & Thornburg LLP
Jan
27
2013
The New Rules of the Delaware Court of Chancery: ESI (Electronically Stored Information), Form of Production, and Non-Party Subpoenas Barnes & Thornburg LLP
Jul
1
2013
Delaware Court of Chancery Refuses to Invalidate Forum-Selection Bylaws Barnes & Thornburg LLP
Dec
11
2014
Mistaken Termination of Financing Statement Proves Costly to Lender Barnes & Thornburg LLP
Oct
7
2019
Federal Circuit Upholds Choice of Delaware Law for Non-Compete Barnes & Thornburg LLP
Jan
24
2014
Delaware Bankruptcy Court Limits Ability of Purchaser of Secured Claim to Credit Bid Barnes & Thornburg LLP
May
27
2014
Great Hill Equity Partners and the Attorney-Client Privilege in Corporate Mergers – Have We Opened Pandora’s Box? Giordano, Halleran & Ciesla, P.C.
May
1
2013
Anti-Assignment Provisions And Reverse Triangular Mergers Giordano, Halleran & Ciesla, P.C.
Nov
14
2014
Is a Vice President an Officer Entitled to Indemnification or Advancement? Neal, Gerber & Eisenberg LLP
Jan
27
2012
Delaware Corporations Continue to Deploy Forum Selection Clauses to Counter Forum Shopping Neal, Gerber & Eisenberg LLP
Jun
30
2012
After Legislature Acts, Delaware Ready to Become 2nd State to Legalize Online Gaming Ifrah Law
Feb
11
2015
When it Comes to Incorporating Your Startup, Why Delaware?!? Varnum LLP
Nov
15
2022
PBM Regulatory Roundup (Fall 2022): State Medicaid Enforcement Efforts Continue As Legislative Activity Slows Down Mintz
Mar
27
2015
Delaware Bar Proposes Amendments to Ban Fee-Shifting Provisions and Allow Delaware-Only Forum Selection Provisions in Corporate Charters and Bylaws Mintz
Aug
29
2017
Delaware Court Holds that Trademark License Cannot be Assigned Without Consent Mintz
Jul
2
2020
Motion to Add Willful Infringement Charge Based Entirely on Post-Suit Activity Is Granted…Because It Is Unopposed Mintz
Jun
23
2021
Redefining “Business as Usual” in the Time of COVID Mintz
Sep
19
2022
Amendment to Delaware Law Permits Exculpation of Officers in Corporate Charters Mintz
Feb
4
2015
More on California Non-Competes – But This Time from Delaware Mintz
May
26
2015
Why Directors and Officers Should Demand a Separate Indemnification Agreement Mintz
Mar
15
2016
Directors and Officers' Ultimate Escape from Personal Liability Mintz
Jul
10
2017
Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say Mintz
Jul
5
2019
The Bubbler - July 2019 Mintz
Feb
2
2014
Are Credit Bids in a Deep Freeze? Mintz
Mar
25
2014
Online Protection for Children: Delaware following California? Mintz
May
20
2014
The Case That Could Significantly Disrupt How Companies Manage Their Gift Card Programs and Could Create Billions of Dollars in Exposure Mintz
 

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