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WHS Law Briefing
Welcome to our WHS Law Briefing. This briefing identifies key issues and emerging trends in WHS Law, and details significant legislative and case law developments from August 2024 to date in February 2025.
United States | Publication | January 2025
Norton Rose Fulbright’s 2025 Annual Litigation Trends Survey uncovers that respondents feel equipped to address a greater volume of litigation in the year ahead. The share that say they are “very prepared” increased by 14 percentage points over the last year, to 43% from 29%, returning to 2023 report levels. This share is even higher among companies with over US$1 billion in revenue, at 49%, potentially reflecting their larger litigation budgets.
This confidence reflects a number of preparation factors, from proactive planning and robust risk management to strong legal teams and sophisticated technology. Some respondents point to extensive scenario planning and implementing regulatory compliance frameworks as among the most important elements of preparedness, while others cite having adequate insurance coverage for several categories of legal risks.
Those who feel less than fully prepared, on the other hand, point to limited or flat legal budgets as the primary impediment. With budgetary restraints top of mind, 45% of respondents say that keeping litigation spend down or flat year-over-year is a high priority for their legal departments.
As generative AI tools continue to evolve and attract attention in the legal world, more organizations are grappling with whether – and how – to incorporate these tools into their litigation work.
More than half (59%) of respondents say their organization allows employees to use free or publicly available generative AI tools like ChatGPT, and the same share use generative AI tools that have been created for or customized to their business needs. About a third (31%) are using AI or predictive analytics to spot risk or as a means of addressing litigation (35%), with 78% of the latter group expecting that use to increase in 2025. Roughly a third (34%) say the use of AI-powered legal technology is a high priority in 2025.
Further, the same proportion (56%) that say they are allowed to use free or publicly available generative AI tools also say managing the litigation and legal risks of these tools has been a challenge. As uncertainty persists, nearly half (49%) say their organizations want to use generative AI tools, but don’t know where to begin and how to address potential litigation and other risks.
Download the 2025 Annual Litigation Trends Survey report for more details.
Publication
Welcome to our WHS Law Briefing. This briefing identifies key issues and emerging trends in WHS Law, and details significant legislative and case law developments from August 2024 to date in February 2025.
Publication
At Norton Rose Fulbright in Australia, pro bono is part of our firm’s cultural make-up and our social licence to operate.
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It is critical that Australian business leaders consider the psychosocial risk perspective on gender diversity and ensure that their decision-making on this issue aligns with their obligations under work health and safety laws.
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