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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Jan
16
2020
Delaware Health System Wins Summary Judgment Against Physician Terminated from Medical Staff: Talley v. Christiana Care Health System Polsinelli PC
Jan
13
2020
Health Care Provider Director and Officer Liability: Important Takeaways from Clovis and Marchand Foley & Lardner LLP
Jan
11
2020
Partnership Agreement May Provide Grounds for Relief in Case Involving Drop in Unit Price Following Disclosure of General Partner’s Intent to Exercise Call Right K&L Gates
Jan
10
2020
The Transportation and Climate Initiative (TCI): Everything You Need to Know, Part I: What Is the TCI? Mintz
Jan
10
2020
Delaware Court of Chancery Grants Stockholder’s Section 220 Demand for Books and Records K&L Gates
Jan
9
2020
Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws… Jackson Lewis P.C.
Jan
9
2020
In This Case, The First Filed Case Was Last Allen Matkins Leck Gamble Mallory & Natsis LLP
Jan
8
2020
Partnership Agreement May Provide Grounds for Relief in Case Involving Drop in Unit Price Following Disclosure of General Partner's Intent to Exercise Call Right K&L Gates
Jan
8
2020
Out of the Money: Breach of Fiduciary Duty Claim Survives Motion to Dismiss When the Board Approved an Asset Sale That Left no Consideration for the Common Unitholders K&L Gates
Jan
8
2020
The Delaware Court of Chancery Rejects Termination of Merger Agreement Based on Material Adverse Effect Cadwalader, Wickersham & Taft LLP
Dec
30
2019
Personal Information, Private Information, Personally Identifiable Information…What’s the Difference? Jackson Lewis P.C.
Dec
27
2019
Is Your “Securities Claim” Actually Covered Under Your D&O Policy? A Review of In Re Verizon Insurance Coverage Appeals Carlton Fields
Dec
27
2019
Not Quite Instantaneous, Holmesian “Bad Men” Can Win By Knowing The Law: Plaintiffs Who Tried To Preserve Direct And Derivative Claims In A Settlement Agreement Failed To Realize That They Had Already Bargained Them Away K&L Gates
Dec
27
2019
Delaware Court of Chancery Dismisses Derivative Claims in Reliance on Exculpatory Language in Limited Liability Company Agreement K&L Gates
Dec
24
2019
Another “Well-pled” Caremark Claim Survives A Motion To Dismiss K&L Gates
Dec
23
2019
Transportation and Climate Initiative Issues Draft Cap-and-Investment MOU, Seeks Public Comment Beveridge & Diamond PC
Dec
21
2019
Delaware Court of Chancery Holds That Third-Party Stockholder Has Standing to Enforce Anti-Takeover Protections K&L Gates
Dec
21
2019
Delaware Court of Chancery Denies Plaintiff’s Request for Declaration of Status as Majority Stockholder, Sole Director, and Chief Executive Officer K&L Gates
Dec
21
2019
Settlement Agreement Violates Preferred Stockholder Consent Rights K&L Gates
Dec
20
2019
Stockholder Letter Requesting Remedial Action Deemed a Pre-Suit Demand K&L Gates
Dec
16
2019
Number of Shareholder Appraisal Petitions in Delaware Continues Downward Trend in 2018 Cornerstone Research
Nov
20
2019
Delaware Court of Chancery Denies Plaintiff's Request for Declaration of Status as Majority Stockholders, Sole Director, and Chief Executive Officer K&L Gates
Nov
19
2019
Delaware Court of Chancery Holds that a Stockholder’s Disagreement with a Board’s Business Judgment and Intent to Pursue a Proxy Contest is Not a “Proper Purpose” for a Section 220 Demand Sheppard, Mullin, Richter & Hampton LLP
Nov
19
2019
Delaware Opens The Door To Third-party Beneficiaries McDermott Will & Emery
Nov
14
2019
Is Something Missing From This Complaint Against The We Company? Allen Matkins Leck Gamble Mallory & Natsis LLP
Nov
13
2019
Delaware Court of Chancery Holds that Third-Party Stockholder has Standing to Enforce Anti-Takeover Protections K&L Gates
Nov
13
2019
Former Derivative Plaintiff Lacks Standing to Pursue Direct Claims Against General Partner K&L Gates
Nov
11
2019
Delaware Update: Court of Chancery Declines to Bind a Non-signatory Parent Corporation to Forum Selection Clause Sheppard, Mullin, Richter & Hampton LLP
Nov
11
2019
Energy & Sustainability M&A Activity – November 2019 Mintz
Nov
8
2019
Delaware Court Of Chancery Holds Deal Price Generated Through Reliable Sales Process Was Fair Value K&L Gates
Nov
1
2019
Chancery Court Allows Claims Due To Manager’s Allegiance To Particular Equity Holders Over The Company K&L Gates
Oct
31
2019
Chancery Court Reaffirms Protection Of Mandatory Advancement Rights K&L Gates
Oct
31
2019
Delaware Court of Chancery Upholds Forum Selection Clause in LLC Agreement Under State Law K&L Gates
Oct
25
2019
Rejecting a Suit Seeking a 43.9% Higher Payout, the Delaware Chancery Court Declared That the $18 Per Share Price Paid for Stillwater was the Fair Value. K&L Gates
Oct
23
2019
Destination Maternity Files for Chapter 11 Bankruptcy Stark & Stark
 

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