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
24
2021
COVID-19: US State Policy Report – March 19-23, 2021 Squire Patton Boggs (US) LLP
Mar
23
2021
Delaware Court Answers Verizon’s Call, Denying Insurers’ Interlocutory Appeal Hunton Andrews Kurth
Mar
22
2021
Delaware Supreme Court Applies Delaware Law Even When Insured Is Headquartered Elsewhere Bracewell LLP
Mar
22
2021
Copenhagen Counsel Causes Choice Of Delaware Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
19
2021
Trade Secret Law Evolution Podcast Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act Greenberg Traurig, LLP
Mar
18
2021
Episode 34: Forum and Venue Issues in Delaware Trade Secret Litigation, and Preemption by the Uniform Trade Secrets Act [Podcast] Greenberg Traurig, LLP
Mar
15
2021
“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite Sheppard, Mullin, Richter & Hampton LLP
Mar
15
2021
Weekly Bankruptcy Alert: March 15, 2021 (For the week ending March 14, 2021) Pierce Atwood LLP
Mar
11
2021
Delaware Supreme Court Doles Out Landmark Choice-of-Law Decision in Dole Food Case Hunton Andrews Kurth
Mar
8
2021
Weekly Bankruptcy Alert March 8, 2021 (For the week ending March 7, 2021) Pierce Atwood LLP
Mar
5
2021
CEO’s Role in Preparation of a Proxy Statement for a Merger Exposes CEO to Duty of Care Claims K&L Gates
Mar
5
2021
Delaware Court of Chancery Denies Motions to Dismiss Claims Alleging Breach of Contract K&L Gates
Mar
3
2021
Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware Sheppard, Mullin, Richter & Hampton LLP
Mar
2
2021
What’s Selected to Happen in Vegas, Stays in Vegas: Chancery Court Enforces Forum Selection Clause in Re-Domesticated Nevada Corporation Bylaws, Despite Alleged Violations Occurring While Entity Was a Delaware Corporation K&L Gates
Mar
2
2021
Delaware Reminds Litigants Not to Wait to Disclose Infringement Theories Under the Doctrine of Equivalents Squire Patton Boggs (US) LLP
Mar
1
2021
Delaware Court of Chancery Allows Merger-Based Breach of Fiduciary Duty Claims to Proceed Against Target Company CEO, Financial Advisor, and Acquirer Stemming from Sale of Presidio, Inc. Cadwalader, Wickersham & Taft LLP
Mar
1
2021
Weekly Bankruptcy Alert: March 1, 2021: For the week ending February 28, 2021 Pierce Atwood LLP
Feb
24
2021
Delaware Court of Chancery Holds that a Contractual Delaware Choice of Law Provision Did Not Waive Plaintiff’s Claim Under the California Securities Act Sheppard, Mullin, Richter & Hampton LLP
Feb
24
2021
If Director's Fiduciary Obligations Are Not Contractual, What About Rights To Indemnification? Allen Matkins Leck Gamble Mallory & Natsis LLP
Feb
18
2021
Insurance Cybersecurity Certifications: A State Roundup Sheppard, Mullin, Richter & Hampton LLP
Feb
18
2021
“Consistent with Longstanding Principles of Law and Capitalism”: Chancery Court Finds that A Bidder Cannot Be Liable for Directors’ Breach of Fiduciary Duty without Knowledge of The Breach K&L Gates
Feb
18
2021
Metlife Stockholders Demand Futility Claims Dismissed K&L Gates
Feb
18
2021
Delaware Court of Chancery Finds Oral Agreement to Form a Joint Venture Enforceable K&L Gates
Feb
17
2021
COVID-19: US State Policy Report – February 13-16, 2021 Squire Patton Boggs (US) LLP
Feb
15
2021
Chancery Court Enforces Merger Agreement Milestone Payment Despite Time and Cost to Bring Experimental Drug to Market K&L Gates
Feb
15
2021
Weekly Bankruptcy Alert: February 15, 2021 (For the week ending February 14, 2021) Pierce Atwood LLP
Feb
12
2021
Direct and Derivative? Chancery Court Certifies Interlocutory Appeal, Asks Supreme Court to Clarify Dual Character Stockholder Claims K&L Gates
Feb
11
2021
Federal District Court Order Provides Guidance Related to Disciplining Employees Who Abuse Leaves of Absence Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
10
2021
COVID-19: US State Policy Report – February 9, 2021 Squire Patton Boggs (US) LLP
Feb
9
2021
Chancery Court Applies Internal Affairs Doctrine to Declaratory Action for Inspection Rights Sought Under California Law K&L Gates
Feb
9
2021
Bearing the Books and Records Burden: Delaware Supreme Court Affirms Section 220 Order in AmerisourceBergen Proskauer Rose LLP
Feb
8
2021
Price Gouging Weekly Roundup: February 8, 2021 Proskauer Rose LLP
Feb
5
2021
COVID-19: US State Policy Report – February 4, 2021 Squire Patton Boggs (US) LLP
Feb
3
2021
COVID-19: US State Policy Report – February 2, 2021 Squire Patton Boggs (US) LLP
Feb
2
2021
Recent State Fiduciary Duty Developments: Eight States Have Proposed or Finalized Best Interest Standards for Annuity Producers Faegre Drinker
 

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