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
May
16
2019
Contractual Ambiguities Favor the Non-Moving Party at Motion To Dismiss Stage K&L Gates
May
13
2019
Court Declines to Award Attorneys’ Fees Under Corporate Benefit Doctrine Because Plaintiff Opposed the Benefit During Litigation K&L Gates
May
9
2019
Valuing a Consulting Firm After a Key Person Departure K&L Gates
May
8
2019
Court of Chancery Sides with Papa John's Founder on Books and Records Inspection Demand K&L Gates
Apr
22
2019
Delaware Court of Chancery Dismisses Derivative Suit in Limited Partnership Context for Failing to Make Demand or Show Demand Futility K&L Gates
Apr
22
2019
M&A Update: The Delaware Supreme Court’s Decision in Verition Partners Master Fund Ltd. v. Aruba Networks, Inc.—Calculating Fair Value in Statutory Appraisal Cases Cadwalader, Wickersham & Taft LLP
Apr
20
2019
Inspection Rights Are Not Granted For Fishing Expeditions K&L Gates
Apr
11
2019
Court Refuses To Reform Contract Failing To Find A Scrivener’s Error K&L Gates
Apr
8
2019
Stockholder Makes Demand on United Airlines and Encounters Turbulence K&L Gates
Apr
7
2019
In Rejecting Defendants’ Motion For Dismissal, Chancery Court Finds That Individual Fiduciary May Be Held Liable For Trades That An Associated Entity Or Fund Makes K&L Gates
Apr
4
2019
Delaware Court of Chancery Strictly Interprets Merger Agreement in Finding That Rent-A-Center, Inc. Properly Terminated Its Proposed Merger with Vintage Rodeo Cadwalader, Wickersham & Taft LLP
Apr
3
2019
Fiduciary Duty Claim Against Selling Company CEO Survives Motion to Dismiss with Aiding and Abetting Claim Missing the Mark K&L Gates
Apr
2
2019
Know Thyself: Self-Awareness In Corporate Valuations K&L Gates
Apr
1
2019
Chancery Court Dismisses Stockholder Claim For Breach Of Fiduciary Duty, Despite Board’S Inaccurate Disclosures K&L Gates
Mar
30
2019
Chancery Court Rules Inequitable Conduct May Be Considered Within the Scope of a Section 225 Review K&L Gates
Mar
29
2019
Chancery Court Grants Defendant’s Motion on the Pleadings Where Named Defendants Did Not Owe Any of the Contractual or Fiduciary Obligations Plaintiff Tried to Enforce K&L Gates
Mar
28
2019
Court Of Chancery Finds No Buyer Duty To Maximize Contingent Sale Consideration Owed To Seller K&L Gates
Mar
27
2019
When Someone Shows You Who They Are, Believe them the First Time, or Risk Your Claims Being Time Barred K&L Gates
Mar
26
2019
Chancery Court Grants Preliminary Injunction Restraining Former Director From Selling Shares Allegedly Invalidly Issued to Himself K&L Gates
Mar
25
2019
Court: Internal Affairs Yields To Choice Of Law Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
21
2019
Chancery Court Grants Motion to Dismiss Section 220 Demand Made During a Pending Plenary Claim due to Lack of Special Circumstances K&L Gates
Mar
20
2019
Is The West Coast The Best Coast? Mitchell Silberberg & Knupp LLP
Mar
16
2019
Court of Chancery Invalidates Charter-Based Federal Forum Provision K&L Gates
Mar
12
2019
No Love Lost in Books and Records Request K&L Gates
Mar
12
2019
Purported Assignment of Limited Liability Company Interest Impacts Jurisdiction Under Conspiracy Theory of Jurisdiction K&L Gates
Mar
11
2019
Court Lacks Authority To Order Buyout Of Foreign Entities Allen Matkins Leck Gamble Mallory & Natsis LLP
Mar
8
2019
Chancery Court Confirms Limited Scope of Authority of Expert-Not-Arbitrator Dispute Resolution Provisions K&L Gates
Mar
4
2019
Yes, We Have no Estoppel: Chancery Court Rules Derivative, Dismisses Diluted Stockholders' Ex-Texas Merger-Related Claims K&L Gates
Feb
27
2019
Will Massachusetts and Other Northeastern States Move to Aggressively Price Carbon Emissions? Beveridge & Diamond PC
Feb
26
2019
Delaware Chancery Declines Post-Filing Use of Section 220 Books and Records Inspection Request Proskauer Rose LLP
Feb
25
2019
Limits on Administrative Orders to Clean Up in Delaware Greenberg Traurig, LLP
Feb
22
2019
Surgery Partners, Inc. Fails To Excise Conflicts Infecting Three Interdependent Transactions K&L Gates
Feb
22
2019
Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Feb
18
2019
For Cause Removal Must Be For Cause K&L Gates
Feb
12
2019
Federal Court Blocks Shareholder Inspection Of Delaware Corporation's Records Pursuant To California Statute Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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