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
Aug
10
2015
Delaware Adds to Growing Patchwork of Social Media Laws Proskauer Rose LLP
Aug
10
2015
Does The Power To Choose Not Include The Power To Remove? Allen Matkins Leck Gamble Mallory & Natsis LLP
Aug
7
2015
Did You Ever Wonder What You Might Do In California But Not Delaware? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
28
2015
Executive Compensation: Time to Focus on Directors’ Pay? Covington & Burling LLP
Jul
24
2015
When It Comes To Director Compensation, California Is Not Delaware Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
23
2015
No Calm In Delaware After Calma v. Templeton - Corporate Litigation Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
22
2015
Delaware Supreme Court Reinforces Importance of Clear and Precise Bylaw Provisions and Specifically Drafted Notices of Annual Meetings Sheppard, Mullin, Richter & Hampton LLP
Jul
21
2015
Opposition to the Uniform Fiduciary Access to Digital Assets Act Holland & Hart LLP
Jul
20
2015
Fee Advancement Considerations Arise From Recent Delaware and Third Circuit Decisions Katten
Jul
10
2015
Telemedicine Practice and Remote Prescribing in Delaware Foley & Lardner LLP
Jul
8
2015
Delaware Enacts Telehealth Commercial Insurance Parity Law Foley & Lardner LLP
Jul
6
2015
Delaware Bans Corporate Fee-Shifting Bylaws and Authorizes Delaware-Only Forum Requirement for Intra-Corporate Litigation Mintz
Jul
6
2015
Delaware Supreme Court Holds Tooley Direct vs. Derivative Rule Is No Bar to Parent Corporation’s Contract Claim Proskauer Rose LLP
Jul
2
2015
UCLA Professor Bainbridge Takes On S.B. 75 And The Delaware Bar Allen Matkins Leck Gamble Mallory & Natsis LLP
Jul
1
2015
Fee-Shifting and Forum Selection Clauses: Delaware Passes New Legislation ArentFox Schiff LLP
Jul
1
2015
Delaware Governor Signs Bill Prohibiting Bylaws on Fee-Shifting Proskauer Rose LLP
Jun
26
2015
Delaware Amends Its Corporate Law to Prohibit Fee-Shifting, Approve Exclusive Forum Provisions and Facilitate At-The-Market Offerings Katten
Jun
26
2015
Delaware Passes Legislation Prohibiting Fee-Shifting Bylaws and Validating Exclusive Forum Selection Bylaws for Stock Corporations Hunton Andrews Kurth
Jun
24
2015
Delaware Corporations Law: Are Delaware Directors Deathless? Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
23
2015
Delaware Senate Passes Unclaimed Property Reform Bill McDermott Will & Emery
Jun
22
2015
Data Security Breach Documents Sought in Home Depot Books-and-Records Suit Mintz
Jun
16
2015
Before Rapunzel There Was Rudabeh: Koehler v. NetSpend Holdings Allen Matkins Leck Gamble Mallory & Natsis LLP
Jun
12
2015
Delaware House Passes Bill Prohibiting Bylaws on Fee-Shifting Proskauer Rose LLP
Jun
10
2015
“Dead Hand Proxy Puts” Garner Increased Stockholder Scrutiny In Delaware Sheppard, Mullin, Richter & Hampton LLP
Jun
3
2015
RadioShack; Unitranche Clarity, or Radio Silence? re: Bankruptcy Litigation Squire Patton Boggs (US) LLP
Jun
2
2015
Delaware Jury Awards $100 million to Pelvic Mesh Patient Stark & Stark
Jun
2
2015
Back To The Future – Should Stock Incentive Plans Impose Grant Limits on Non-Employee Director Awards? Sheppard, Mullin, Richter & Hampton LLP
May
29
2015
Delaware Supreme Court Holds That Plaintiffs Must Specifically Plead Non-Exculpated Claims Against Disinterested Directors in Transaction Under Entire Fairness Review to Survive Motion to Dismiss Katten
May
26
2015
Delaware Chancery Court Holds that Creditor Plaintiffs in Derivative Suits May Satisfy Standing Requirement by Showing Corporation’s Insolvency at Time of Suit, Regardless of Later Solvency Sheppard, Mullin, Richter & Hampton LLP
May
26
2015
Why Directors and Officers Should Demand a Separate Indemnification Agreement Mintz
May
26
2015
Delaware Chancery Awards Attorneys’ Fees Without Finding Damages Katten
May
26
2015
Doing The Math On Delaware Derivative Settlements Allen Matkins Leck Gamble Mallory & Natsis LLP
May
19
2015
Delaware Supreme Court Holds That a Stockholder Plaintiff Must Plead a Non-Exculpated Claim to Avoid Section 102(b)(7)-Based Dismissal When Seeking Damages From Independent and Disinterested Directors Sheppard, Mullin, Richter & Hampton LLP
May
15
2015
Department of Justice Settles Virtual Currency Enforcement Action Katten
May
14
2015
Delaware Chancery Court Holds Director Equity Awards Issued Under a Stockholder-Approved Plan Subject to Review under the Entire Fairness Standard Hunton Andrews Kurth
 

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