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Corporate counsel faced an increased number of regulatory disputes in 2022 compared to the previous year, as agencies stepped up enforcement on issues ranging from cybersecurity and white-collar crime to worker classification and compliance with evolving healthcare rules.
Employment and labor disputes took center stage, with nearly half of respondents reporting increased exposure in 2022. Respondents expect that trend to continue in 2023, with the majority predicting that disputes of all types—litigation, arbitrations and regulatory proceedings—will stay the same or increase.
These are among the central findings from Norton Rose Fulbright’s Annual Litigation Trends Survey. Now in its 18th year, our research tracks changes across the litigation landscape by surveying legal professionals in key commercial sectors, from general counsel at global corporations to in-house lawyers at small and midsize businesses.
In October and November 2022, we surveyed more than 430 general counsel and in-house litigation leaders, based in the United States and Canada, in industries such as financial services, energy, healthcare and technology.
We supplemented this quantitative research with in-depth interviews, a methodology we first incorporated in 2020, to better explore emerging trends and deepen our understanding of the litigation challenges top organizations face.
Additionally, this year we explored class actions in greater depth, revealing fresh insights into an area that more than one-third of respondents identified as a critical concern for their organization in the year ahead.
Publication
In M&A transactions, the purchaser will seek to ensure that the business they receive at closing is identical to the one they assessed at signing. One of the methods for ensuring this is the case is to include an obligation for the seller to run the business in ‘the ordinary course’.
Publication
On 27 March 2023 both SIFMA and AFME submitted letters of comment to the US Securities and Exchange Commission (the SEC) responding to the SEC’s Release No. 33-11151 proposing new Rule 192 (Rule 192), seeking to implement a prohibition as required by Section 27B of the Securities Act of 1933 (as inserted in that Act by Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Dodd-Frank Act).
Publication
Want to understand how to prioritise and develop your legal department’s roadmap? Stephanie Hamon will be sharing her tips on how to better define roles, manage workload, use technology and establish processes at the 3rd Annual Legal Operations Summit in Berlin this year.
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