I’m Boris Bershteyn, a partner in Skadden’s Litigation Department. For more than a decade, we have authored articles on the most significant business and legal issues expected in the year ahead, and we are pleased to do so again.
Here is a preview:
- First, after another year of COVID, judges, jurors and litigators became more comfortable with remote appearances and other adjustments. Some of those changes may be here to stay.
- Next, the Supreme Court is hearing cases that could have major implications for American businesses, from vaccination mandates to insurance coverage disputes and potential preemption of state labor laws.
- Last year, the Court handed defendants in securities litigation a victory that may help defeat some class actions at the certification stage.
- Meanwhile, in state courts, the enforcement of corporate charter provisions requiring shareholders to bring federal securities class actions in federal court is gaining traction.
- We also expect more shareholder ESG disputes if the SEC requires greater disclosure in these areas.
- And finally, landmark UK Supreme Court rulings on representative actions – the analog of American class actions – helped define the boundaries of this relatively new form of U.K. litigation.