News & Analysis as of

State and Local Government Delaware

Otten Johnson Robinson Neff + Ragonetti PC

Upcoming Changes to Colorado Registered Agent Requirements and Delaware Trade Name Filings

New Colorado Registered Agent Requirements (Effective July 1, 2025) - The Colorado Secretary of State has announced updated requirements for serving as a registered agent in Colorado....more

Bodman

New Requirements for Delaware Assumed Name Filings Include Mandatory Re-Registration of Trade Names

Bodman on

Beginning June 2, 2025, Delaware will no longer require companies to file notarized trade names (also known as “doing business as” or “DBA” names) in each county. Instead, companies will need to complete a single online...more

Husch Blackwell LLP

Delaware Overhauls DBA Process

Husch Blackwell LLP on

On February 7, 2025, Delaware House Bill 40, which amends portions of the Delaware Code dealing with the registration of trade names (DBAs) in Delaware, was signed into law by Governor Matt Meyer. ...more

King & Spalding

Comparing the Business-Focused Courts of Delaware, Texas, and Nevada

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Over the last year, a discussion has accelerated around Delaware’s status as the favored state of incorporation for business entities, with many ventures debating whether they should choose to incorporate in Delaware or, if...more

Butler Snow LLP

A “Course Correction” to Delaware’s General Corporation Law May be on the Horizon

Butler Snow LLP on

On February 17, 2025, the Delaware General Assembly introduced a bill seeking to amend two sections in the General Corporation Law: Sections 144 and 220 of Title 8. On March 12, 2025, the Senate introduced a substitute for...more

Saul Ewing LLP

Delaware’s Updated Trade Name Registration Process

Saul Ewing LLP on

On February 7, 2025, Delaware Governor Matt Meyer signed into law Delaware House Bill 40 (“HB 40”), which amends Chapter 459, Volume 84 of the Laws of Delaware and Titles 6, 29 and 30 of the Delaware Code relating to the...more

Vinson & Elkins LLP

Another Magnificent Seven Contemplates Texas: Will Meta Pursue Re-Domiciling in Texas After the Tripadvisor Decision?

Vinson & Elkins LLP on

The Wall Street Journal reported on January 31, 2025, that Meta Platforms Inc. (formerly Facebook) (NASDAQ: META) was considering a change of its state of incorporation from Delaware to Texas. Shortly afterward, the Delaware...more

Foley Hoag LLP

Annual Report Filing Reminders for DE, MA and NY

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This is a reminder that annual report filings are due in March 2025 for corporations formed or registered in Delaware and Massachusetts. New York biennial statements are due the last day of the calendar month in which a...more

Sheppard Mullin Richter & Hampton LLP

The “First State” Officially Becomes the Thirteenth State with a Comprehensive Data Privacy Law

After some delay, Delaware’s governor has at last signed into law the thirteenth state comprehensive privacy law. This is the seventh law passed in 2023, joining Iowa, Indiana, Tennessee, Montana, Florida, and Oregon. The law...more

Sheppard Mullin Richter & Hampton LLP

Oregon and Delaware Break Ground in Movement Towards Enactment of Comprehensive Consumer Privacy Laws

Oregon and Delaware have recently joined an increasing number of states enacting comprehensive privacy legislation intended to safeguard consumer[1] personal data by tightening regulation of businesses controlling and...more

Morgan Lewis

Delaware Bankruptcy Court Ruling on $7.2B Claim Affects Fraudulent Transfer Defense, Valuation Litigation

Morgan Lewis on

In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed...more

Marshall Dennehey

What's Hot in Workers' Comp - Special DE Alert

Marshall Dennehey on

New Workers’ Compensation Rate Effective July 1, 2023 The Delaware Secretary of Labor has announced the average weekly wage in Delaware for calendar year 2022 will be $1,301.27. This wage is derived from data from employers...more

Foley Hoag LLP - Cannabis and the Law

With Adult Use in Delaware and Medical Cannabis Legalization in Kentucky, the Next Licensing Sweepstakes Begin

On April 28, 2023, Texas and Florida both accepted the expected dozens of applications for a limited number of medical cannabis licenses in those respective states. In the background, Kentucky recently legalized medical...more

Butler Snow LLP

Even Equity Has Limits: What a Reversal of Florida Fortunes for Former President Trump Means for Civil Litigants in Tennessee

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*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more

Patterson Belknap Webb & Tyler LLP

Fiduciary Duties Waivable by Contract, Precluding Claims

The U.S. Bankruptcy Court in Manhattan recently reminded us why Delaware choice-of-law provisions are so popular in limited partnership and other agreements.  In an adversary proceeding, Judge David S. Jones held that...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Addresses Derivative Standing and Failure of Oversight Claims Under Delaware Law

In Tola v. Bryant, No. 16150, 2022 Cal. App. LEXIS 241 (Cal. App. Mar. 24, 2022), the First Appellate District of the California Court of Appeal applied Delaware’s new formulation of the test for determining whether a...more

McDermott Will & Emery

The Significance of Recent Delaware Court of Chancery SPAC Opinions

Highlighted below are several recent opinions from the Delaware Court of Chancery relating to special purpose acquisition companies (SPACs) that provide helpful guidance to sponsors, investors and practitioners. These cases...more

McDermott Will & Emery

2021 Amendments to Delaware Entity Statutes

Certain amendments to the Delaware Limited Liability Company Act (DLLCA), the Delaware Revised Uniform Limited Partnership Act (DRULPA), the Delaware Revised Uniform Partnership Act (DRUPA) and the Delaware General...more

Alston & Bird

Bracing for the Next Wave of Delaware Unclaimed Property Reform: Review of SB 103 and SB 104

Alston & Bird on

Our Unclaimed Property Team examines a pair of fast-tracked Delaware bills that would reform a swath of the state’s escheat laws in response to ongoing litigation and other disputes over audits and voluntary disclosure...more

McDermott Will & Emery

The Jury Returns to Delaware

Delaware has one of the most active federal civil trial dockets in the country. On Monday, it issued this notice: In short, Delaware is back...more

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