Courtesy of Morrison & Foerster

Litigation exposure is among the biggest concerns for consumer products companies, according to a new report from Morrison & Foerster.

The law firm's survey, Legal Risks to Consumer Products Companies in 2018, looked at the concerns that matter to companies that manufacture electronic devices, snacks, apparel and other products.

The survey queried 60 consumer product companies in the United States with revenues ranging from $250 million to $1 billion—which Morrison & Foerster says constitutes a fifth of the total U.S. consumer products companies of that size.

Some 69 percent of the in-house counsel respondents indicated that litigation is their top concern. Protection of brand equity came in behind litigation at 60 percent, followed by privacy and data security at 56 percent.

“Consumer products companies have always faced unique legal challenges, but in-house counsel are now under more pressure than ever to protect their brand and keep their consumers' trust,” said Erin Bosman, chair of Morrison & Foerster's products liability and counseling practice, in a press release announcing the survey.

“Our survey revealed that, while reputation and litigation threats continue to grow, advancing technology ­like the Internet of Things­ has created an even more complex legal landscape that will force companies to anticipate and plan for previously unknown risks,” she added.

On the litigation front, two out of five legal departments anticipate higher litigation costs in 2018. The increase could range from 5 to 11 percent, respondents said. On top of costs, about 20 percent of legal departments expect more high-risk lawsuits this year. The in-house counsel surveyed expect suits could focus on product liability (45 percent), data privacy (44 percent) and regulatory and compliance matters (42 percent).

Respondents also indicated the most important drivers of change for their companies would be the economy (78 percent), government regulatory change (71 percent) and technological advancements (59 percent).

The survey spoke to the “expanding list of regulatory agencies” that ”will test the existing legal framework and force companies to anticipate and plan for previously unknown risks.”

“While the current federal government is unlikely to add regulations, state and local governments are taking a different approach and could implement changes on everything from climate change and nutrition to privacy and labor laws,” Julie Park, a partner in the producta liability and counseling practice, said in the press release.

Though the tide may be turning away from federal regulation, respondents were also asked to identify which agencies would be most relevant to their organizations. At the top of the list was the Federal Trade Commission, cited by 45 percent of respondents, followed by the U.S. Consumer Product Safety Commission at 36 percent and the U.S. Securities and Exchange Commission at 24 percent.