Insights

Significant developments are expected in 2019 on issues that have been percolating in the mass tort and class action litigation arena for several years, including arbitration, cy pres, preemption and personal jurisdiction. Litigation reform efforts, however, may stall out in the newly elected Congress.

On December 5, 2018, Skadden hosted the webinar “Drafting International Dispute Resolution Clauses.” Topics included the importance of dispute resolution clauses, choosing between litigation and arbitration, drafting arbitration clauses, multiple-party and multiple-agreement transactions, and the intersection between arbitration and courts.

The DOJ’s policies in 2018 represented a deliberate change in tone and a growing sensitivity to the burdens companies face under investigation. But because the DOJ remains committed to individual prosecutions, companies can expect the department to continue to seek their assistance in investigating the conduct of culpable employees.