Daily Dicta: Why 2020 Looks Good for Litigators (But No One Else)
Norton Rose Fulbright surveyed nearly 300 in-house counsel about what they see on the litigation horizon in 2020.
December 11, 2019 at 07:30 AM
3 minute read
Norton Rose Fulbright today released its 15th annual litigation trends survey, and it's got some good news for litigators: More organizations than ever before anticipate dispute volume to rise in the year ahead.
Of course, this may not be so wonderful for everyone else—conventional wisdom holds that litigation goes up when the economy goes down. Or as the report put it, the finding is "A major red flag, signaling the need to prepare for potentially turbulent times ahead."
I suppose it would be unseemly to rejoice.
Norton Rose hired Acritas to survey 287 U.S.-based in-house counsel—firm clients and independently sourced legal department leaders—on pending and anticipated litigation. Respondents work at companies with median revenue of $1 billion and represent a wide range of industries.
Some of the big takeaways: The most common disputes are labor and employment related, with 49% of respondents reporting that they've had such cases pending in the last 12 months. Since 2015, the survey has shown a steady increase in the prevalence of labor/employment fights.
Contract disputes have also steadily climbed in the last five years. Currently, 42% of respondents said they've had at least one contract suit pending this year.
IP disputes stand out for being relatively common—18% of respondents are facing them—and for being of proportionately greater concern than other matters.
Looking ahead, in-house counsel foresee more cybersecurity and data privacy suits—44% of them anticipated this as a new source of disputes for their organizations in the next two to three years, and 52% reported feeling more exposed to cyber-risk.
As one respondent said, "Cyber criminals are getting so much more creative; we're finding ourselves needing to be more and more diligent in our efforts to prevent these things from happening."
Another added, "It's more that people are aware of what a big issue this is; just that increased awareness by others, to me, heightens the importance of making sure that we're doing everything we can to protect people's private information."
A third pointed to regulatory changes. "There are more stringent laws that we have to comply with, that we may not be aware of or prepared for."
For the first time, respondents also flagged climate/ environment as an area where they anticipate new litigation, with 10% expecting to face such actions.
Once litigation is underway, less than one in 10 respondents reported "an appetite for early or quick settlements."
Most respondents said they try to take a balanced approach between fighting and settling—but the report notes that "the picture does vary substantially by industry. Those operating in Energy, Tech and Innovation, and Life Sciences and Healthcare organizations tend to take a much more aggressive approach to disputes, with around a quarter of these organizations generally contesting, compared to 5 percent of infrastructure, mining and commodities respondents and 10 percent of those in transport."
You can read the whole report here.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All2024 Marked Growth On Top of Growth for Law Firm Litigation Practices. Is a Cooldown in the Offing for 2025?
Big Company Insiders See Technology-Related Disputes Teed Up for 2025
Litigation Leaders: Jason Leckerman of Ballard Spahr on Growing the Department by a Third Via Merger with Lane Powell
Law Firms Mentioned
Trending Stories
- 1SurePoint Acquires Legal Practice Management Company ZenCase
- 2Day Pitney Announces Partner Elevations
- 3The New Rules of AI: Part 2—Designing and Implementing Governance Programs
- 4Plaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute
- 5As Litigation Finance Industry Matures, Links With Insurance Tighten
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250