Think GMOs. Think fracking. Think oil drilling in the Arctic Refuge.

We're not just talking about the potential for complex class actions. We're talking about whole constellations of public opinion— opinion resolutely indifferent or hostile to corporate interests — in which litigation feeds off of and is fed by NGOs, plaintiffs' lawyers, and other adversaries who, in turn, compel adverse global regulation and legislation.

It's a new environment fired on all fronts by the digital revolution. The corporate fear goes beyond single cases or multi-district litigation. The fear is of a vicious circle in which businesses and entire industries lose control over their own destinies as adversaries effectively use an array of digital tools against them. In this changed environment, the role of GCs is, perforce, fundamentally changed as well. There's no longer an isolated skill set called “litigation management.” Every potentially litigious issue-driven controversy requires seamless internal collaboration: enterprise risk management, brand marketers, corporate communications, IR, etc.