Forum Shopping and Legal Labor Markets: Evidence from the Court Competition Era

Chad Brown, Jeronimo Carballo and Alessandro Peri

Journal of Law and Economics, 2024, vol. 67, issue 2, 415 - 444

Abstract: Focusing on Chapter 11 bankruptcy reorganizations of publicly listed firms during the court competition era (1991–96), we document local legal employment effects of forum shopping, a stipulation of the law that allows firms to file for bankruptcy far from their headquarters. Bankruptcy shocks increase legal-sector employment in the bankrupt firm’s locale, but forum shopping nullifies this effect. Employment gains of received forum-shopped cases are concentrated in Delaware, with no effect in other receiving forums. Quantification shows that Delaware handled these forum-shopped bankruptcies with just one-fifth of the additional legal workforce that would have been needed if the cases were handled in the firms’ locales. This increase in productivity also coincides with substantial missed potential employment gains in communities where bankruptcies were diverted through forum shopping. The analysis uncovers meaningful effects of forum shopping on local legal labor markets, so far overlooked in the policy debate.

Date: 2024
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