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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Jan
6
2015
Delaware Supreme Court Confirms Chancery Court’s Broad Authority to Impose Use Restrictions on Information Obtained From Section 220 Books and Records Inspections Sheppard, Mullin, Richter & Hampton LLP
Jan
3
2015
Delaware Supreme Court Reverses Injunction Requiring Thirty Day Go-Shop Bracewell LLP
Jan
2
2015
Minimum Wage Surges in 2015 and Beyond Godfrey & Kahn S.C.
Jan
2
2015
Year in Review: Government Enforcement/Financial Litigation Developments Barnes & Thornburg LLP
Dec
31
2014
Review Twice, File Once, Review Again; UCC-3 Termination Intent Irrelevant Bilzin Sumberg
Dec
30
2014
Delaware Supreme Court Holds That Court of Chancery Can Restrict Forum Where Books and Records Can Be Used Mintz
Dec
23
2014
New State Privacy Laws Go Into Effect on Jan. 1, 2015 (California and Delaware) Covington & Burling LLP
Dec
23
2014
California Court of Appeal Applies Delaware Law to Deny Discovery in Shareholder Derivative Action Sheppard, Mullin, Richter & Hampton LLP
Dec
19
2014
Delaware Chancery Court Declines to Dismiss Fraud Claims Against Private Equity Fund and Directors Katten
Dec
18
2014
Delaware Legislature to Resume Debate in January on Bylaws Imposing Liability on Shareholders Proskauer Rose LLP
Dec
18
2014
Federal Spending Bill Creates Controversy Over Federal Government’s Position on Medical Marijuana Jackson Lewis P.C.
Dec
18
2014
9th Circuit Upholds Issue Preclusion In Subsequent Derivative Suit Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
15
2014
Even if You Don't Sign on the Dotted Line – A Delaware LLC and its Members are Bound by the Company’s LLC Agreement, Whether or Not They Sign the Agreement Greenberg Traurig, LLP
Dec
15
2014
On the Fifth Day of Privacy, California (and Delaware) gave to me...Five Golden Rules (Well, five new privacy laws/requirements) Mintz
Dec
11
2014
Mistaken Termination of Financing Statement Proves Costly to Lender Barnes & Thornburg LLP
Dec
9
2014
Should Judicial Deference To The SEC Be Strong, Weak or Non-Existent? Allen Matkins Leck Gamble Mallory & Natsis LLP
Dec
5
2014
Expedited Proceedings Denied iin Delaware Where Harm Is Only Speculative Katten
Dec
4
2014
Canon Inc. v. Intellectual Ventures I LLC: Decisions on Institution IPR2014-00757, 952 Faegre Drinker
Nov
24
2014
Versata Software, Inc. v. Callidus Software, Inc.: Guidance on Stays Pending Post-Issuance Proceedings Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2014
Business-Judgment Rule Applied in NY to Going-Private Transaction Where Procedural Protections Exist Proskauer Rose LLP
Nov
15
2014
Delaware Chancery Clarifies Discovery Obligations of Domestic Affiliate of Foreign Company Katten
Nov
14
2014
Is a Vice President an Officer Entitled to Indemnification or Advancement? Neal, Gerber & Eisenberg LLP
Nov
11
2014
Extraordinary Turnout and Discussions at ULC (Uniform Law Commission) Unclaimed Property Drafting Meeting McDermott Will & Emery
Nov
7
2014
Delaware Court of Chancery Rejects Entire Fairness Review in Absence of Conflicted Transaction Katten
Nov
6
2014
Whose Burden Is it to Check for Mistakes in UCC Filings? Delaware Supreme Court Flips Bankruptcy Court’s Ruling in GM Bankruptcy Case Barnes & Thornburg LLP
Nov
2
2014
Business Judgment Rule Protects Board’s Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk Mintz
Nov
1
2014
Layne Christensen Settles SEC FCPA Probe Faegre Drinker
Oct
27
2014
Delaware Court of Chancery Rejects Contemporaneous Ownership Requirement For Creditors Asserting Derivative Claims Sheppard, Mullin, Richter & Hampton LLP
Oct
24
2014
Delaware Court of Chancery Rejects Controlling Stockholder Claims and Applies Business Judgment Rule to Merger Suits Katten
Oct
23
2014
Beware: The New Patent Litigation Forum Vedder Price
Oct
23
2014
Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services McDermott Will & Emery
Oct
22
2014
Forum Selection Clauses Were Here Before They Were In Bylaws (Delaware) Allen Matkins Leck Gamble Mallory & Natsis LLP
Oct
17
2014
Delaware Chancery Rejects Books and Records Demand as Time-Barred Katten
Oct
15
2014
Nevada and D.C. Courts Give Priority of Position to HOA Assessment "Superliens" Over First Mortgages Womble Bond Dickinson (US) LLP
Oct
9
2014
Why Does Determining A California Quorum Have To Be So Complicated? Allen Matkins Leck Gamble Mallory & Natsis LLP
 

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