Top 5 Litigation Trends

Fulbright & Jaworski has released the results of its seventh-annual Litigation Trends Survey Report, a detailed situation map of the global litigation scene based on “the thinking of senior corporate counsel (in the U.S. and the U.K.) regarding the near-term future prospects for dispute resolution and related matters.” Half of the survey respondents believe the legal industry will “permanently change the way it does business because of the changing economy.” Aspiring litigators would do well to have a look at the findings, which provide an expansive view of the lawsuit landscape not necessarily available to BigLaw’s rank and file.

Here are the Top 5 takeaways from the report:

1.  “IP/patents” replaced “bankruptcy/reorganization” as one of this year's top 5 litigation areas targeted by companies for increased spending. The other four: Regulatory Investigations, Contracts, Labor & Employment, and Electronic Discovery.

2.  80% of U.S. respondents think the U.S. of Civil Procedure should be modified to limit e-discovery in civil actions.

3. The companies most likely to initiate litigation are in the energy, health care, manufacturing and insurance industries.

4. More companies are using alternative fee arrangements than last year, including 61% of the largest companies (One in six estimate AFAs account for 50% or more of their billings.)

5. The changing economy thus far has made U.S. companies far less willing to inititiate litigation or go to trial than their U.K. counterparts.

-posted by brian