Delaware’s Business-Friendly Reputation Slides Precipitously

By on September 20, 2017

September 20, 2017

In an annual poll conducted U.S. Chamber of Commerce, South Dakota was ranked as having the best litigation environment, followed by Vermont and Idaho. General counsel, senior attorneys and senior executives at companies with at least $100 million in annual revenue were surveyed. Delaware, a perennial first, fell to 11th. According to Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, respondents are disconcerted about trends in Delaware’s courts and Legislature. A major issue is the 2015 law banning loser-pays provisions in company bylaws. Earlier prohibition proposals, championed by stockholder rights groups, had been actively opposed by the Chamber. In respect to how state legal systems treat mass tort lawsuits, Delaware went from first place in 2015 to 26th in this year’s poll.
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