DE Proposal to Prohibit Fee-Shifting ‘Huge Win for Lawsuit Business’

ILR president Lisa A. Rickard was quoted in Reuters regarding the Delaware State Bar Association’s proposal to prohibit businesses in the state from adopting fee-shifting bylaws.

The proposed ban would be a “huge win for Delaware’s lawsuit business,” said Rickard, who argued that fee-shifting provisions curb the gratuitous filing of baseless mergers lawsuits, which are now filed in nearly every merger deal in Delaware’s Court of Chancery.

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