Respecting Corporate Contracts: State-By-State Risk Index, Second Edition

By November 24, 2020 No Comments

This Second Edition of the State-by-State Risk Index serves as a guide for companies concerned about execution secrecy laws and the implications for commercial enterprises and public health.

The Index contains individualized risk profiles for every state in the United States, the District of Columbia, and the federal government and assigns a risk evaluation (“high,” “medium,” or “low”) based on legislation, policies, and practices in this area.

Companies looking to expand their businesses in the US are advised to consult the risk profiles in this Index before investing. Companies should engage with officials in medium and high risk states to request confirmation that their contractual rights and corporate interests will be respected, and that public and patient health will be protected.

In the two years since this Index was first published in July 2018, there have been significant developments in the secrecy law landscape. 2020, for example, saw the first-ever legislative repeal of a secrecy law in Virginia. In a triumph for transparency, public health, and economic freedom, Virginia law now expressly holds that information related to the suppliers of medicines intended for use in executions is subject to the state’s public records law.

The second edition incorporates several changes in categorizations and, for the first time, adds a risk profile for the federal government. Overall, the number of states categorized as high and medium risk has decreased.

Download State-by-State Risk Index, Second Edition