Now Available! 2025 Commercial Litigation Outlook

Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material consideration. In this year’s Outlook, as we reach our fifth year of publication, we address anticipated developments in commercial litigation against the backdrop of the sea changes expected on multiple fronts with the second Trump Administration.

Many of our articles this year are characterized by the whiplash in agency governance we anticipate (and are now seeing) between the Biden and Trump administrations. But predictions about what’s coming are cautious because the Trump administration is ushering in a new era of populism, which scrambles the old calculus of change from a Democratic to a Republican administration.

The legal landscape is also being reshaped by AI, with courts addressing its use in legal proceedings and the risks it poses, such as the creation of sophisticated forgeries. The False Claims Act (FCA) faces challenges, including a recent case questioning its constitutionality, which aligns with the administration's robust view of executive power. Health care litigation remains a critical area, with the DOJ's Whistleblower Pilot Program and the FTC's focus on transparency and consumer protection continuing to evolve under the current administration.

Overall, the year ahead promises to be dynamic and unpredictable, with significant implications for businesses and the legal community. We look at these and other key trends in commercial litigation to help businesses stay vigilant and adaptable, including:

• Business bankruptcies rose 40% in 2024, with high consumer debt, inflation, labor shortages, and interest rates likely driving further increases.
• Federal ESG cases are slowing as SEC emission rules stall, shifting focus to state-level claims, especially around corporate greenwashing.
• SEC crypto enforcement may ease under a pro-crypto administration, though class action lawsuits for fraud and theft are expected to grow.
• With federal inaction, states like California lead on data protection laws, while data breach and ransomware complaints continue to rise.
• Landlords and lenders risk anti-money laundering scrutiny if linked to illegal cannabis operations, despite state-level legalization.
• Labor shortages and relaxed rebuilding standards post-wildfires may trigger a future rise in construction defect litigation.
• Key 2025 rulings on class certification may align with a populist administration less favorable to business interests.

 

Download the 2025 Commercial Litigation Outlook

Coming Soon! 2025 Commercial Litigation Outlook Webinar Series

In the upcoming weeks, we're excited to unveil a dynamic three-part webinar series, featuring insightful discussions from authors of this year’s Commercial Litigation Outlook on the key trends highlighted above. To ensure you stay in the loop regarding the scheduling of these webinars, please take a moment to fill out the form linked below.

 

Receive Notifications for our Webinar Series