Norton Rose Fulbright’s 2023 Annual Litigation Trends Survey indicates that compliance with evolving regulations and heightened regulatory scrutiny is driving concerns across dispute areas.
Half of respondents were involved in at least one type of regulatory proceeding last year, with the median number up to one from zero in 2021, suggesting uncertainty over recent rules from the Securities and Exchange Commission (SEC) and other bodies is adding to litigation risk.
More than one-third expect such proceedings to increase in 2023. Healthcare, including life sciences, and retail were the leading industries on this front, with 46% and 45% of respondents in those respective sectors predicting an increase in the coming year.
Canadian respondents reported a higher incidence of risk related to regulation and investigations in 2023 (42% compared to only 26% in the US).
Key litigation trends
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