Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey reveals that environmental, social and governance (ESG) issues are a growing litigation concern.

As regulatory requirements around climate and ESG disclosures take shape while anti-ESG sentiment grows, organizations are increasingly finding themselves caught in the middle.

One in 10 respondents experienced ESG-related litigation last year (compared to just 2% in 2022) – a development we anticipated in our 2023 Annual Litigation Trends Survey report.

Thirty-eight percent of organizations are also concerned about future ESG class actions as issues such as greenwashing, diversity policies and regulatory compliance, go under the microscope.

Download the 2024 Annual Litigation Trends Survey for more details.

Key litigation trends

Cybersecurity and data protection

Cybersecurity and data protection

Forty percent of organizations saw their cybersecurity dispute exposure grow in 2023 as cyberattacks reached record levels.

United States | januari 17, 2024
Class actions

Class actions

In the wake of last year’s banking crisis, the share of organizations involved in bank or financial fraud class actions more than doubled, to 21% in 2023 from 9% in 2022.

United States | januari 17, 2024
Intellectual property

Intellectual property

AI is a leading contributor to both cybersecurity exposure and IP vulnerabilities, with roughly half of respondents saying that increased use of AI will grow their exposure.

United States | januari 17, 2024
Regulation and investigations

Regulation and investigations

A greater proportion of organizations were involved in regulatory proceedings in 2023 versus the previous year, with 61% of respondents involved in at least one.

United States | januari 17, 2024
Litigation preparedness

Litigation preparedness

As organizations expect more legal disputes across the board in 2024, more than half expect to hire internally to meet demand – much higher than the 36% in 2022.

United States | januari 17, 2024


Contacts

Steven D. Jansma
Steven D. Jansma
Head of Litigation and Disputes, United States
Email
steven.jansma@nortonrosefulbright.com
T: +1 210 270 9366
Andrea L. D'Ambra
Andrea L. D'Ambra
US Head of Technology and US Head of eDiscovery and Information Governance
Email
andrea.dambra@nortonrosefulbright.com
T: +1 212 318 3015
Mayling C. Blanco
Mayling C. Blanco
Partner
Email
mayling.blanco@nortonrosefulbright.com
T: +1 212 318 3340
Art Licygiewicz
Art Licygiewicz
Partner
Email
art.licygiewicz@nortonrosefulbright.com
T: +1 214 855 8256
Rachel Roosth
Rachel Roosth
Partner
Email
rachel.roosth@nortonrosefulbright.com
T: +1 713 651 3734

Practice areas:

Industries:

Recent publications

Publication

Road to COP29: Our insights

The 28th Conference of the Parties on Climate Change (COP28) took place on November 30 - December 12 in Dubai.

Global | November 11, 2024

Climate change and sustainability

Publication

AIFMD guides: The marketing passport and the requirements for fund managers across the EU

Global | 1 October 2024

Banking and finance

Publication

The 2025 Dutch tax plan: Impact on real estate sector

On 17 September 2024, the Dutch Ministry of Finance published its 2025 Tax Plan (Belastingplan 2024). The plan contains several proposals that affect the Dutch real estate sector.

Global | September 24, 2024

Tax
Site search

Subscribe and stay up to date with the latest legal news, information and events . . .

Register now