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
Mar
8
2022
The Significance of Recent Delaware Court of Chancery SPAC Opinions McDermott Will & Emery
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
Mar
7
2022
Weekly Bankruptcy Alert March 7, 2022 (For the week ending March 6, 2022) Pierce Atwood LLP
Feb
8
2022
When A Meeting Of Directors Is Not Meet Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
4
2022
Delaware Corporations May Use Captives to Insure Non-Indemnifiable Loss Hunton Andrews Kurth
Feb
4
2022
Delaware Court Denies Motion to Dismiss NPE’s Direct Infringement Claims Despite Sparse Allegations Womble Bond Dickinson (US) LLP
Jan
19
2022
Weekly Bankruptcy Alert January 19, 2022 (For the week ending January 17, 2022) Pierce Atwood LLP
Jan
19
2022
2021 Delaware Corporate Law Year in Review - Part 3 of 3 Greenberg Traurig, LLP
Jan
19
2022
2021 Delaware Corporate Law Year in Review - Part 2 of 3 Greenberg Traurig, LLP
Jan
19
2022
2021 Delaware Corporate Law Year in Review - Part 1 of 3 Greenberg Traurig, LLP
Jan
13
2022
Delaware Chancery Court Signals Heightened Scrutiny of SPAC Boards and Sponsors Cadwalader, Wickersham & Taft LLP
Jan
11
2022
Minority Shareholders and Their Fiduciary Duties: Other Jurisdictions ArentFox Schiff LLP
Jan
10
2022
Court Issues Highly-Anticipated Decision Regarding the Treatment of SPAC Sponsors and Directors Mintz
Jan
3
2022
Time Is Money: A Quick Wage-Hour Tip on …Did You Remember to Make Necessary Changes to Comply with New 2022 State and Local Wage-Hour Laws? Epstein Becker & Green, P.C.
Dec
30
2021
Delaware Supreme Court Shines Spotlight on Boilerplate Purchase Agreement Provisions Sheppard, Mullin, Richter & Hampton LLP
Dec
21
2021
Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
15
2021
Bankruptcy and Environmental Law: Overview and Latest Trends Bracewell LLP
Dec
15
2021
"Disinterested" May Be Pretermitted In Delaware But Not In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
13
2021
Weekly Bankruptcy Alert December 13, 2021 (For the week ending December 12, 2021) Pierce Atwood LLP
Dec
10
2021
Policyholder Prevails (Again) in Delaware D&O Retention Dispute Hunton Andrews Kurth
Dec
8
2021
Ethylene Oxide Litigation Update CMBG3 Law
Nov
30
2021
District of Delaware Chief Judge Denies Request for Early Motion for Summary Judgment and Will Not Refer to Magistrates Citing Strain on Judicial Resources Womble Bond Dickinson (US) LLP
Nov
23
2021
Delaware Supreme Court Upholds Advance Waiver of Statutory Appraisal Rights — Affirms Key Component of “Drag Along” Critical for M&A Exits for Venture-Backed Companies Mintz
Nov
23
2021
District of Delaware Does Not Award Attorney’s Fees for Voluntary IPR Finnegan
Nov
22
2021
Weekly Bankruptcy Alert (For the Week Ending November 21, 2021) Pierce Atwood LLP
Nov
22
2021
Historic Boeing Derivative Settlement Funded By D&O Insurers: How to Ensure Directors and Officers Land Safely With Side A DIC Insurance Hunton Andrews Kurth
Nov
19
2021
Qualcomm Escapes Diversity Suit Proskauer Rose LLP
Nov
15
2021
Multistate Regulatory Action a Significant Reminder that Insurers Must Only Conduct Business with Licensed TPAs Polsinelli PC
Nov
8
2021
Should Boeing Fly To Nevada? Allen Matkins Leck Gamble Mallory & Natsis LLP
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
Nov
3
2021
As the Battle over the Universata Acquisition Rages, the Chancery Court Finds that the Appropriate Standard of Review Regarding Actions of a Stockholders’ Representative is “Subjective Good Faith” K&L Gates
Nov
3
2021
Court Impact on Securitization [PODCAST] Cadwalader, Wickersham & Taft LLP
Nov
1
2021
Stockholder Bears Burden of Proving Breach of Redemption Obligation; Directors Used Best Judgment to Retain Sufficient Resources of The Company K&L Gates
Nov
1
2021
Weekly Bankruptcy Alert: November 1, 2021 (For the Week Ending October 31, 2021) Pierce Atwood LLP
Oct
28
2021
Lawyer and Witness? Not so fast. Chancery Warns Trial Counsel That His Plan To Testify Flouts Ethical Rules K&L Gates
 

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