
Regulation and investigations
2023 Annual Litigation Trends Survey
Global | Publication | January 18, 2023
Norton Rose Fulbright’s 2023 Annual Litigation Trends Survey indicates that compliance with evolving regulations and heightened regulatory scrutiny is driving concerns across dispute areas.
Half of respondents were involved in at least one type of regulatory proceeding last year, with the median number up to one from zero in 2021, suggesting uncertainty over recent rules from the Securities and Exchange Commission (SEC) and other bodies is adding to litigation risk.
More than one-third expect such proceedings to increase in 2023. Healthcare, including life sciences, and retail were the leading industries on this front, with 46% and 45% of respondents in those respective sectors predicting an increase in the coming year.
Download the 2023 Annual Litigation Trends Survey for more details.
This issue
Recent publications
Publication
Supreme Court upholds ACA preventive services, public health risks remain
The Supreme Court, agreeing with the Trump and Biden administrations, held in Kennedy v. Braidwood Management, Inc. that the members of the USPSTF are inferior officers who may be appointed by the HHS.
Publication
Texas Business Court exercises jurisdiction based on alter ego allegations
A recent ruling from the Third Division of the Texas Business Court recognizes that well pled allegations of alter ego, conspiracy or other forms of derivative liability premised on corporate formation may be sufficient to create jurisdiction in the Texas Business Court.

Publication
Commercial division update: Judicial discretion to permit remote depositions for non-resident parties
As technology advances, the litigation landscape evolves with it. Several years ago, when this evolving technology converged with the Covid pandemic, remote depositions boomed and since have become commonplace.
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