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Increased litigation involving international commerce, a rise in alternative dispute resolution techniques and a growing risk of proceedings in multiple countries are among the most significant legal issues facing global businesses, according to a new report. Released by the international practice group of New York’s Proskauer Rose, the “2008 Trends and Developments in International Legal Practice” report forecasts and analyzes key legal issues facing businesses operating globally. Here are the five key trends identified in the report: • Increased litigation of international controversies in the United States. The report points out that over the last five years, there have been more attempts by parties operating in international commerce to use U.S. courts for dispute resolution. The report predicts this trend will continue, particularly in relation to forum-related issues such as personal and subject matter jurisdiction, venue, and choice of law. • Increased use of alternative dispute resolution. The report points out the increasing costs of in-court litigation and arbitrations and predicts expansion of mediation techniques, staged claims procedures and “rent-a-judge” programs. • Increased risk of simultaneous regulatory or enforcement proceedings in multiple countries. The report predicts that international entities face more parallel investigations, cooperative investigations and joint investigations by the Department of Justice, the Securities and Exchange Commission and regulators in other jurisdictions. • The continued “Americanization” of non-U.S. legal systems. The report mentions European countries starting to adopt the U.S. approach to class actions as an example of this trend. • The ramifications of the sub-prime mortgage crisis and the accompanying credit crunch. The report warns that affected companies must be prepared for the ensuring litigation and regulatory proceedings. The 16-page report is available online. The report follows the launch of the firm’s e-guide on international litigation, proceedings and practice. The trends identified in the report and how to deal with them will be addressed at the firm’s Major trends conference, to be held in Paris this spring.

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