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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Nov
17
2020
Court of Chancery Allows For Interim Distribution to Stockholders of Altaba, Inc., with Some Conditions K&L Gates
Nov
3
2021
Court of Chancery Allows LLC’s Breach of Fiduciary Duty, Aiding and Abetting, and Breach of Contract Claims to Proceed, but Not Fraud K&L Gates
Jul
9
2020
Court Of Chancery Analyzes Books And Records Claim Under The LLC Act K&L Gates
May
15
2020
Court of Chancery Analyzes LLC Valuation Reports in Connection with Breach of Fiduciary Duty K&L Gates
Oct
6
2017
Court of Chancery Applies Corwin Ratification to Merger Involving Private Equity Firm Favored by Company’s Founder K&L Gates
Apr
30
2020
Court of Chancery Applies Entire Fairness Standard to PennyMac’s Reorganization Transaction K&L Gates
May
16
2020
Court Of Chancery Applies Entire Fairness Standard To Stock Sale Approved By Interested Board Of Directors K&L Gates
Oct
8
2019
Court Of Chancery Applies Political Question Doctrine In Deferring To U.S. President’s Recognition Of Venezuelan President And Holds That Extra-territorial Effects Do Not Preclude Application Of The Act Of State Doctrine K&L Gates
Mar
16
2018
Court of Chancery Clarifies Method of Determining Specific Advancements K&L Gates
Jul
6
2017
Court of Chancery Construes Indemnification Clauses For Limited Liability Company Officers 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
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
Nov
12
2018
Court of Chancery Declares LLC Agreement Unenforceable, Rescinds Employment Agreement, and Issues Sanctions Due to Member’s Fraud K&L Gates
May
19
2020
Court of Chancery Defers to Board of Director's Business Judgement in Response to Stockholder's Dividend Demand K&L Gates
Jul
23
2019
Court Of Chancery Denies Application For Certification Of Interlocutory Appeal After Ruling That Judicial Dissolution Of The Limited Liability Company Is Warranted K&L Gates
Apr
18
2020
Court of Chancery Denies Italian Citizen’s Motion to Dismiss K&L Gates
Jul
23
2020
Court Of Chancery Denies Motion For Declaratory Judgement K&L Gates
Aug
17
2017
Court of Chancery Denies Motion To Dismiss Claim Alleging Breach of Fiduciary Duty Involving Option Grants to Directors and Voting Agreement K&L Gates
Jul
17
2017
Court of Chancery Denies Motion to Dismiss Claim Alleging that General Partner Breached Contractual Duty of Good Faith K&L Gates
Jul
5
2017
Court of Chancery Dismisses all Claims Brought by Minority Stockholder K&L Gates
Mar
11
2020
Court of Chancery Dismisses Breach of Contract Claims Against Manufacturer of Boeing Airplane Parts K&L Gates
May
29
2018
Court of Chancery Dismisses Breach of Fiduciary Duty Claim as Duplicative of Breach of Contract Claim K&L Gates
Jul
24
2017
Court of Chancery Dismisses Complaint Seeking to Enforce a Stockholder’s Section 220 Demand K&L Gates
Oct
13
2017
Court of Chancery Dismisses Derivative Breach of Fiduciary Duty Claims For Failure To Make A Pre-Suit Demand or Demonstrate Demand Futility K&L Gates
Jul
20
2018
Court of Chancery Dismisses Derivative Suit for Failure to Demonstrate Demand Futility Because Plaintiff Failed to Allege Particularized Facts K&L Gates
May
5
2020
Court Of Chancery Dismisses Excessive Pay Claims K&L Gates
Aug
31
2018
Court of Chancery Dismisses Fraud Claim for Alleged Extra-Contractual Misrepresentations Based on Anti-Reliance Clause K&L Gates
Mar
28
2019
Court Of Chancery Finds No Buyer Duty To Maximize Contingent Sale Consideration Owed To Seller K&L Gates
Jul
23
2019
Court Of Chancery Finds No Section 220 Issue Where Stockholder’s And Its Counsels’ Purposes For Demand Align K&L Gates
Sep
19
2017
Court of Chancery Finds Personal Jurisdiction Over Out-of-State Trust Due to Trustor’s Involvement in the Formation of Delaware LLC K&L Gates
Sep
9
2019
Court of Chancery Finds Provisions of Merger Agreement Ambiguous and Denies Telecommunications Giant’s Motion to Dismiss K&L Gates
Jul
16
2019
Court of Chancery Finds That the Implied Contractual Covenant of Good Faith and Fair Dealing Requires Delaware LLC to Exercise Discretion in Good Faith K&L Gates
Jan
19
2018
Court of Chancery Grants Motion for Judgment on the Pleadings Finding no Implied Condition as to the Accuracy of Information in Financial Reports K&L Gates
Jul
2
2019
Court Of Chancery Grants Summary Judgment For Dissolution Of Limited Liability Company Where Two Minority Members Failed To Purchase The Majority Member’s Limited Liability Interest, As Required By The Operating Agreement K&L Gates
Jun
24
2020
Court of Chancery Hesitates to Dismiss Lawsuit, Stays Litigation Pending Texas Lawsuit K&L Gates
 

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