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2023 Annual Litigation Trends Survey findings

February 08, 2023
Harriet Jones-Fenleigh Sandeep Savla
Harriet Jones-Fenleigh Sandeep Savla
Posted in Group action litigation Investigations Environmental and social governance Procedural

Norton Rose Fulbright recently released its 18th Annual Litigation Trends Survey, polling more than 430 US- and Canada-based corporate counsel working in financial services, energy, healthcare, technology and other industries. The survey finds that in-house counsel faced a significant rise in regulatory proceedings in 2022, with even more expected in 2023 as agency enforcement activity picks up. The survey also reveals heightened litigation risk in cybersecurity and data protection, diversity, equity and inclusion as well as employment and labour.

This year’s highlights include:

  • Cybersecurity, data protection and data privacy are key areas of concern, with one-third of respondents experiencing litigation in this area last year. It was a top area in which respondents expect dispute exposure to increase in 2023.
  • More than one-quarter of respondents said their exposure to environmental, social and governance (ESG) litigation increased in 2022, and nearly the same percentage expect increased exposure in the coming year.
  • Class action activity and risk parallel the broader litigation landscape, with employment and labour identified as the most common type of class action encountered in 2022. It was also the leading area of future concern when it comes to class actions, followed by cybersecurity, data protection and data privacy, with ESG ranking third.
  • Healthcare, including life sciences, and retail were the leaders in industries expecting an increase in regulatory proceedings, with almost half of respondents in both sectors predicting an uptick in the coming year.
  • Approximately two-thirds of respondents reported employment and labour disputes in 2022. They also ranked it first among the most concerning areas in the year ahead, amid increased enforcement actions, rising union activity and a heightened focus on social justice.

Please contact us if you have interest in taking a deeper dive into these findings or meeting with one of our North America-based disputes lawyers. Understanding these issues can be helpful to corporate counsel in decision-making related to risk, mitigation and litigation management.