Litigation Risks Continue Unabated

In its current term, the U.S. Supreme Court will address constitutional protections, class actions and other corporate liability issues. That the John Roberts Court tends to take more securities cases than its predecessors may be welcome news to public companies, which face record-high securities class action filings that show no signs of slowing. Trade secret litigation also is on the rise, thanks in part to how easy technology makes it for former employees to walk away with significant amounts of company data. Technology threats don’t always come from former employees, however: Often insiders with privileged access to proprietary systems are a threat to cybersecurity. Our authors also highlight recent international arbitration trends, namely the increased use of arbitration to resolve financial institution disputes and the challenges of enforcing “home country” clauses in commercial contracts.