2017 Insights: Litigation

Skadden's 2017 Insights

The composition of the Supreme Court and potential changes in U.S. enforcement priorities are likely to be significantly impacted by the Trump administration.

2016-17 Supreme Court Update
In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its unanimous decisions so far this term. But potentially significant cases remain on the docket, possibly awaiting the addition of the ninth justice.

Near-Record Securities Litigation Filings Show No Signs of Slowing
The underlying trends that have driven an increase in the number of securities class action filings are likely to continue this year, while significant cases relating to class certification should further shape the securities litigation landscape.

A Trump-Appointed AG May Not Translate to Less Aggressive Enforcement
Economic realities, changing global dynamics and the promise of deregulation could impact DOJ enforcement on areas like FCPA prosecutions and cases against financial institutions while leaving a focus on individual culpability unchanged.

Key Developments in Delaware Corporation Law in 2016
Significant changes in Delaware merger litigation and settlement practice in 2016, as well as case law developments, will continue to affect merger parties and litigants in 2017 and beyond.

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection
Despite a changing political climate with regard to investment treaties and free trade agreements around the world, the Chinese investment treaty system remains firmly in place, with one recurring question: who qualifies for protection as "Chinese" investors.

PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts
Deference paid by U.S. courts to the decisions of foreign courts is far from absolute. In 2016, the Second Circuit held that, under the right circumstances, U.S. courts may enforce international arbitration awards even when foreign jurisdictions annul them.

Business and Human Rights Movement Spurs Development of Remedial Options
As governments and businesses increasingly reflect the U.N.'s Guiding Principles on Business and Human Rights in their policies and agreements, the potential avenues for redress of alleged wrongdoing beyond U.S. courts continue to develop.

Click here to view all 2017 Insights articles.