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
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
Sep
4
2019
Delaware Court of Chancery Applies Entire Fairness Review in Finding That Controlling Stockholders and Special Committee Members Breached Fiduciary Duties to Target Stockholders K&L Gates
Sep
4
2019
An Arbitrator, and not the Courts, Should Decide the Question of Substantive Arbitrability if “The Parties’ Contract Provides ‘Clear and Unmistakable Evidence’ of Their Intent That an Arbitrator Should Decide the Question” K&L Gates
Sep
4
2019
Is The Court of Chancery Sending Cases To California? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
29
2019
Delaware Supreme Court’s Marchand Decision Creates Challenges for Directors of Food and Beverage Companies Foley & Lardner LLP
Aug
28
2019
Delaware Court Concludes Shareholder Appraisal Action Is a “Securities Claim” Under a Directors and Officers Insurance Policy Squire Patton Boggs (US) LLP
Aug
23
2019
Are Foreign Countries Delaware's Real Competition? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
22
2019
In A Reckless Re-Price, Results Are Not Realized K&L Gates
Aug
19
2019
Was 2018 The Apogee Of Delaware's Corporate Hegemony? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
16
2019
Delaware Court Of Chancery Uses Company’s Unaffected Market Price To Determine Fair Value In Appraisal Action K&L Gates
Aug
12
2019
Does Incorporation In Delaware Constitute "Abuse Of The Corporation"? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
9
2019
Delaware and New Hampshire Join Growing List of States With New Insurance Data Security Laws Ballard Spahr LLP
Aug
9
2019
Licensed by Your State’s Insurance Commissioner? Comprehensive Data Security Requirements Are Headed Your Way Jackson Lewis P.C.
Aug
8
2019
Delaware Supreme Court Rejects Presumption of Confidentiality for Books-and-Records Productions Proskauer Rose LLP
Aug
7
2019
Responding to Books and Records Demands in an Increasingly Digital World - 3 Key Tips Foley & Lardner LLP
Aug
6
2019
Three Things to Learn from Delaware Supreme Court’s Opinion on Board of Director Oversight Duties (Marchand v. Barnhill) Mintz
Aug
5
2019
Perkins & Marie Callender Files for Chapter 11 Bankruptcy Stark & Stark
Aug
5
2019
Plaintiff Alleged Facts Sufficient To Support Claims Against Defendants To Survive A Motion To Dismiss K&L Gates
Aug
2
2019
Voting Rights Versus Voting Power - A Distinction With A Difference? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
31
2019
Russian Interference and Data Privacy: Facebook Stockholders Demand Section 220 Inspection to Investigate Wrongdoing of Board and Senior Management K&L Gates
Jul
29
2019
Delaware Supreme Court Allows Caremark Claim to Proceed Against Directors of Ice Cream Manufacturer Following Listeria Outbreak Sheppard, Mullin, Richter & Hampton LLP
Jul
25
2019
Managers Not Properly Removed From LLC Despite Sole Members' Intent 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
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
Jul
19
2019
More States Ban Single-Use Plastic Bags Keller and Heckman LLP
Jul
17
2019
Chancery Court Interprets the Computer Fraud and Abuse Act K&L Gates
Jul
17
2019
Indemnification Provided For Success on The Merits, Even if on a Technicality K&L Gates
Jul
16
2019
Blurring the Lines: Dolan v. Altice Demonstrates the Potentially Unexpected and Significant Impact that “Boilerplate” Provisions Can Have on Merger Agreement Interpretation Cadwalader, Wickersham & Taft LLP
Jul
16
2019
Court To Sellers: Stockholder Notice Rights Matter K&L Gates
 

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