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
Oct
23
2019
Chancery Court Dismisses Uber Derivative Suit for Failure to Make Demand or Plead Demand Futility K&L Gates
Oct
22
2019
Maintaining Good Corporate Governance: Entire Fairness Creeping Into Actions Benefiting A Controlling Stockholder K&L Gates
Oct
22
2019
A Signature Alone Is Not Dispositive Evidence Of An Intent To Be Bound In An Agreement K&L Gates
Oct
22
2019
Recent Director and Executive Compensation Lawsuits Heighten Need for Robust Corporate Governance Womble Bond Dickinson (US) LLP
Oct
22
2019
Failure to Make Demand on Board Prior to Commencing Derivative Action not Excused When Plaintiff Did Not Demonstrate That Demand Would Have Been Futile Because Directors Acted in Bad Faith by Knowingly Breaching Oversight Responsibilities K&L Gates
Oct
21
2019
Director Independence and Demand Futility: A Holistic Inquiry of the Pleading K&L Gates
Oct
18
2019
As Courts Continue To Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue Faegre Drinker
Oct
18
2019
Waiver of Appraisal Rights in a Stockholder Agreement is Enforceable Under Delaware Law K&L Gates
Oct
17
2019
Oil and Gas Bankruptcies: More Added to the List Steptoe & Johnson PLLC
Oct
17
2019
Termination Fee is not Exclusive Remedy for Breach of No-Shop K&L Gates
Oct
15
2019
A Director’s Mission: Understanding, Monitoring and Accurately Reporting Mission Critical Operations Faegre Drinker
Oct
15
2019
Qualifying Your Delaware Trust In California Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
14
2019
Delaware Statutory Trusts And The California General Corporation Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
11
2019
Does Caremark Apply To California Corporations? Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
11
2019
Why A Delaware Corporation Can Not Be A Subsidiary Of A California Corporation Allen Matkins Leck Gamble Mallory & Natsis LLP
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
Oct
8
2019
Earn-out Provision of Merger Agreement Requires Extrinsic Evidence to Aid Interpretation K&L Gates
Oct
7
2019
Delaware Court of Chancery Allows Stockholder to Inspect Books and Records over Defendant Corporation’s Objections K&L Gates
Oct
7
2019
Federal Circuit Upholds Choice of Delaware Law for Non-Compete Barnes & Thornburg LLP
Oct
3
2019
Does Section 1782 Apply to Discovery in Private International Commercial Arbitration Proceedings? Greenberg Traurig, LLP
Oct
2
2019
In a $1.365 Billion Merger, the Target Company “Blindsided” the Proposed Buyer by Terminating the Merger Agreement and the Court Upheld the Termination; Court Requests Further Briefing Re the $126.5 Million Reverse Termination Fee K&L Gates
Sep
27
2019
Institutional Investor Advocacy Group Proposes Limits to Multi-Class Voting by Delaware Companies Katten
Sep
26
2019
Bankruptcy Court Stops Medicare from Recouping Monies Owed by Provider Polsinelli PC
Sep
26
2019
The Delaware Court of Chancery Enforces Clear and Unambiguous Terms of Merger Agreement in Finding Termination Fee Provision Did Not Afford Exclusive Remedy for Termination Cadwalader, Wickersham & Taft LLP
Sep
25
2019
Why You Should Consider Incorporating Your Start-Up in Delaware Mintz
Sep
24
2019
Third Circuit Says the FCA Does Not Guarantee A Hearing When DOJ Seeks to Dismiss Declined FCA Cases Mintz
Sep
18
2019
Delaware Supreme Court Calculates Aruba’s Fair Value In An Appraisal Using Deal Price Minus Synergies, Reversing Lower Court’s 30-day Stock Price Calculation K&L Gates
Sep
17
2019
Part 24 of “The Restricting Covenant” Series: Choice of Law and Covenants Not to Compete Faegre Drinker
Sep
9
2019
Court of Chancery Finds Provisions of Merger Agreement Ambiguous and Denies Telecommunications Giant’s Motion to Dismiss K&L Gates
Sep
9
2019
Court Rejects Delaware Choice of Law Provision in Refusing to Enforce Customer Non-Solicitation Covenant Against California Employee Jackson Lewis P.C.
Sep
6
2019
Delaware Court of Chancery Confirms Market-Based Factors Constitute the Best Indicators of Fair Value Cadwalader, Wickersham & Taft LLP
Sep
6
2019
Delaware Corporation Adopts Gender Quota Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
Sep
4
2019
Delaware Court of Chancery Allows Stockholder’s Derivative Claim to Proceed Against Alleged Controlling Stockholder Under Entire Fairness Standard of Review K&L Gates
Sep
4
2019
Delaware Court Ruling Creates New Wrinkle for Defendants Evaluating Appraisal Claims Gilbert LLP
Sep
4
2019
Limited Partnership is Dissolved because it Cannot Fulfill its Purpose K&L Gates
 

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