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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Jul
16
2019
Court of Chancery Finds That the Implied Contractual Covenant of Good Faith and Fair Dealing Requires Delaware LLC to Exercise Discretion in Good Faith K&L Gates
Jul
16
2019
Words Matter: Chancery Court Holds that Indemnification Provision in Equity Purchase Agreement Does Not Cover Advancement of Expenses for Officer Conduct Unauthorized by the Board K&L Gates
Jul
15
2019
Chancery Court Finds That Allegations Related To Post-Separation Use Of Confidential Information Learned Pre-Separation Warrant Advancement K&L Gates
Jul
14
2019
Chancery Court Finds That Language in an LLC Agreement That States an Assignment is "Null and Void" Trumps the Common Law and Renders Equitable Defenses Ineffective K&L Gates
Jul
13
2019
Chancery Court Transfers Case Due to Lack of Jurisdiction K&L Gates
Jul
11
2019
Charming Charlie Bankruptcy: Retailer Files for Second Chapter 11 Bankruptcy Stark & Stark
Jul
10
2019
Sophisticated Party or Not, LLC Agreement Still Governs K&L Gates
Jul
10
2019
Chancery Court Imposes Costs of Receivership on Stockholder K&L Gates
Jul
9
2019
More States Ban Plastic Grocery Bags Keller and Heckman LLP
Jul
9
2019
Chancery Court Finds Commission Under Sales Agreement Was Not "Required" Such That Entry Into Sales Agreement Required Additional Approvals K&L Gates
Jul
8
2019
Court Of Chancery Holds That Member Of Limited Liability Company Is Entitled To Advancement While Defending A Lawsuit In Its “Official Capacity” K&L Gates
Jul
8
2019
Withdrawn Limited Partner is Not Allowed to Inspect Books and Records K&L Gates
Jul
8
2019
A 24% Stockholder of Seller and Seller’s Board Must Face Fiduciary Duty Claims Due to Flawed Sales Process and Inadequate Merger-related Disclosures: Another Merger Challenge Demonstrates the Limits of Corwin Cadwalader, Wickersham & Taft LLP
Jul
8
2019
Legislation Streamlining Wireless Small Cell Deployment Enacted in 25 States Keller and Heckman LLP
Jul
5
2019
The Bubbler - July 2019 Mintz
Jul
3
2019
Disclosures Still Important: Delaware Court of Chancery Assesses Adequacy of Proxy Disclosures in Rejecting Pleading-Stage Application of Corwin Defense Polsinelli PC
Jul
2
2019
Chancery Court Requires All Sellers To Be Joined To A Rescission Claim Relating To Merger Agreement; Allows Unjust Enrichment Claim To Proceed K&L Gates
Jul
2
2019
Court Of Chancery Grants Summary Judgment For Dissolution Of Limited Liability Company Where Two Minority Members Failed To Purchase The Majority Member’s Limited Liability Interest, As Required By The Operating Agreement K&L Gates
Jul
1
2019
It’s Not What You Thought You Signed That Counts: Chancery Court Rejects Plaintiffs’ Claims For Breach of Contract Plaintiffs Thought They Had Made K&L Gates
Jun
27
2019
District of Delaware Dismisses ANDA Applicant for Lack of Venue under TC Heartland and In re Cray Mintz
Jun
26
2019
Does Delaware Corporate Law Permit Director Proxy Voting? Mintz
Jun
21
2019
Chancery Court Enforces Privileged Communications Provision To Protect Seller Following Merger K&L Gates
Jun
21
2019
Why Did Nevada Honor This Delaware Governor? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
19
2019
Courts Are Siding with Employees Who Use Medical Marijuana McDermott Will & Emery
Jun
19
2019
Chancery Court Applies and Affirms Delaware's Corporate Opportunity Doctrine K&L Gates
Jun
17
2019
Delaware Court Of Chancery Reaffirms Entire Fairness Standard In Director Compensation Mintz
Jun
13
2019
When You Say "Get It In Writing", What Do You Mean? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
12
2019
Delaware, Consent, And The Adequacy Of Email Notice Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
10
2019
You’ve Got Mail! Emails May Be Subject to Stockholder Books and Records Requests Mintz
Jun
6
2019
Directors Beware — Your Emails and Texts Could Be Subject to Inspection Under Delaware Law Mintz
Jun
5
2019
Delaware Chancery Court Provides Useful Guidance for Protecting Pre-Merger Privileges in Post-Closing Litigation Between Buyers and Sellers Sheppard, Mullin, Richter & Hampton LLP
Jun
4
2019
Chancery Court Finds That Failure To Exercise The Appropriate Degree Of Diligence In Bringing Claims Can Result In Them Being Time Barred At The Motion To Dismiss Stage K&L Gates
May
31
2019
Delaware Court of Chancery Underscores Importance of Contracting Ahead of Time to Preserve the Seller's Attorney-Client Privilege in Post-Merger Litigation Polsinelli PC
May
31
2019
Chancery Court Dismisses Complaint For Failure To State A Claim, Holding That Review of Sale Under Entire Fairness Is Not Warranted K&L Gates
May
20
2019
State Law Round-Up: Developments in Wage and Hour (CO, MA, ME, WA), Non-Compete (WA), Commuter Benefits (NJ), Sexual Harassment (DE), and Sick Leave (Dallas and Minneapolis) Laws. (US) Squire Patton Boggs (US) LLP
 

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