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
Jul
26
2017
Delaware Chancellor Urges Revision of Preclusion Principles in Derivative Actions Proskauer Rose LLP
Jul
24
2017
Chancery Court Vacates Order of Default Judgement due to Lack of Subject Matter Jurisdiction K&L Gates
Jul
24
2017
Court of Chancery Dismisses Complaint Seeking to Enforce a Stockholder’s Section 220 Demand K&L Gates
Jul
20
2017
Delaware Court of Chancery Holds Stockholder not Bound by Stock Transfer Restrictions not Noted on Stock Certificates K&L Gates
Jul
19
2017
Massachusetts Court Decides to Transfer Case in View of TC Heartland Venue Standard Proskauer Rose LLP
Jul
17
2017
Delaware Chancery Court Balks at Artful Pleading: Court Lacked Subject Matter Jurisdiction to Hear Action for Collection of Debt K&L Gates
Jul
17
2017
Court of Chancery Denies Motion to Dismiss Claim Alleging that General Partner Breached Contractual Duty of Good Faith K&L Gates
Jul
14
2017
Under Delaware Law, the Occurrence of Alleged Illegal Conduct at a Company Is Not Enough to Plead Demand Futility Sufficient to Give Stockholders Standing to Sue Derivatively Sheppard, Mullin, Richter & Hampton LLP
Jul
13
2017
Court of Chancery Holds That Structurally Coercive Stockholder Vote Does Not Ratify Fiduciary Actions Related To Shares Issuance and Proxy Grant To Stockholder K&L Gates
Jul
12
2017
California Judge Honors Delaware Forum Selection Bylaw Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
11
2017
Chancery Court Holds That Certificate of Incorporation Provision Provides Preferred Stockholders Voting Right, Not Entitlement to Liquidation Preference K&L Gates
Jul
10
2017
Court of Chancery Holds That Shareholder Satisfied Burden of Proof under Section 220 to Show Credible Basis to Infer That Company Misled Shareholders Regarding Biggest Client K&L Gates
Jul
10
2017
Giving Telemedicine More Room to Breathe: Recent and Pending State and Federal Actions in the World of Online Prescribing Sheppard, Mullin, Richter & Hampton LLP
Jul
10
2017
Cabo Verde Capital's Merger into a Foreign Company Severed Stockholder's Standing to Bring a Books and Records Action in Delaware Chancery Court K&L Gates
Jul
10
2017
Delaware Court Shuts Down Creditor’s “Unreasonable” Motion to Amend its Proof of Claim Squire Patton Boggs (US) LLP
Jul
10
2017
Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say Mintz
Jul
7
2017
Chancery Court Preserves Advancement for Corporate Officers Despite Exclusive Remedies and Seller Release Provisions in Stock Purchase Agreement K&L Gates
Jul
6
2017
Testimony Regarding Timeliness of Election to Continue an LLC Found to be Untrustworthy, Resulting in LLC Dissolution K&L Gates
Jul
6
2017
Court of Chancery Construes Indemnification Clauses For Limited Liability Company Officers K&L Gates
Jul
5
2017
Court of Chancery Dismisses all Claims Brought by Minority Stockholder K&L Gates
Jul
3
2017
In Statutory Merger Appraisal Proceedings, Delaware Chancery Court, Using Discounted Cash Flow Analysis, Finds Fair Value of Shares to be Below Merger Transaction Price K&L Gates
Jun
27
2017
Taking Stock of the “Blockchain Amendments” to the Delaware General Corporation Law Sheppard, Mullin, Richter & Hampton LLP
Jun
27
2017
Chancery Court Denies Cross-Motions for Partial Summary Judgment Due to Ambiguities in Contract Language of LLC Agreement Governing Joint Venture K&L Gates
Jun
27
2017
Delaware Chancery Court Holds More than Red Flags Required to Allege Demand Futility in Derivative Suit K&L Gates
Jun
9
2017
FinTech: Taking Stock in Blockchains Sheppard, Mullin, Richter & Hampton LLP
Jun
2
2017
Delaware Chancery Court Decision Demonstrates Continuing Risk to “Appraisal Arbitrage” Katten
May
31
2017
Delaware Chancery Court Cites Inelegant Drafting When Allowing Indemnification Claim to Proceed K&L Gates
May
27
2017
Chancery Court Dismisses Stockholder Derivative Suit That Challenged Excessive Equity Awards to Directors that were within the Limits Set Forth Under Stockholder Approved Equity Incentive Plan K&L Gates
May
24
2017
California Judge Troubled By Trulia Refuses To Approve Settlement Allen Matkins Leck Gamble Mallory & Natsis LLP
May
19
2017
Failure to Make Demand to the Board of Directors Dooms 50% Owner's Breach of Fiduciary Duty Claims Against Co-Owner K&L Gates
May
18
2017
Is There A “Revlon Duty” In California? Allen Matkins Leck Gamble Mallory & Natsis LLP
May
11
2017
Chancery Court Permits Limited Partners’ Claims Against General Partners to Proceed Despite Ongoing Bankruptcy of the Partnership K&L Gates
May
11
2017
Delaware Chancery Court Holds Corwin Prevents Claims Where Deal Protection Measures Are Reasonable K&L Gates
May
4
2017
Delaware Court of Chancery Holds Credible Basis to Infer Wrongdoing by One Director Sufficient to Satisfy Burden of Proof Under Section 220 K&L Gates
May
2
2017
Qualification Of Offers And Sales Of Non-Voting Common Stock Is No Snap In California Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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