2023 Insights: Litigation Developments

Skadden’s 2023 Insights

Supreme Court Term May Upend Precedent, Push Back Regulation
In a term marked by contentious social issues, the Supreme Court’s potential willingness to challenge precedent, find common ground in business cases and restrict administrative power could shape future priorities for the business community.

Trends in Forum Selection Provisions, Merger Objection Class Actions and SPACs Continue To Shape Securities Litigation
State courts’ willingness to enforce federal forum provisions governing Securities Act claims and a tactical shift by plaintiffs’ firms toward bringing individual merger objection suits have altered securities class action filing trends.

Rise in Crypto Securities Filings Could Persist
Between class action filings and SEC enforcement actions, the number of cryptocurrency-related securities claims may top the charts in 2023. The question of extraterritoriality and the Howey test will likely remain a central debate.

The Evolving Climates in the US and UK for Environmental Damage Claims
Whether federal law preempts state common law claims for climate change damages may be settled by the U.S. Supreme Court, while climate claims involving subsidiaries of U.K. companies are being tested in English courts.

A Divided Congress Will Have an Active Investigations Agenda Over the Next Two Years
With a divided Congress likely impeding any significant legislative action, both parties may rely heavily on investigations to pursue their political agendas. Big Tech, digital assets and climate change are likely to receive attention from Congress.

See all of Skadden’s 2023 Insights