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Record Corporate Risks Unveiled in Carlton Fields' 15th Annual Class Action Survey

The latest report from Carlton Fields, marking its 15th annual Class Action Survey, presents a comprehensive analysis of the evolving landscape of class action litigation. With a focus on increasing corporate exposure, particularly in areas linked to artificial intelligence and privacy concerns, this survey has outlined significant trends that legal professionals and corporate leaders must consider.

Key Insights from the Survey

As the survey celebrates its milestone anniversary, it provides a historical context that showcases how class action litigation has developed since its inception in 2012. Back then, large organizations typically faced 4 to 5 active class actions and spent approximately 10% of their litigation budgets on these cases. Fast forward to today, and those numbers have notably escalated. Companies are now spending over $4 billion annually on class action defenses, indicating the seriousness with which these legal challenges are treated.

Labor and Consumer Fraud on the Rise

Key findings highlight that labor-related disputes and consumer fraud claims are driving a substantial portion of class action budgets, accounting for nearly half of such expenditures. Notably, corporate counsel's expectations for class actions driven by generative AI have surged from 66% to an alarming 80% within just one year. This substantial increase reflects the growing awareness and operational challenges posed by AI technologies.

In addition, claims related to data privacy, which were virtually absent in 2012, have become one of the most pressing risks within the current class action landscape. Such trends corroborate the survey's ongoing tracking of significant threats and legal shifts over the past decade.

Anticipated Surge in Class Actions

The survey indicates that a record percentage of companies now face class actions, with an anticipated 28% increase in filings this year. This marks the highest level of corporate engagement in class action defenses seen in the past 15 years. Legal representatives have noted a considerable rise in plaintiffs' counsels filing claims, reinforcing the notion that companies must be more proactive in managing potential class action cases.

In 2012, just over half of surveyed companies reported that they actively managed class actions. Today, this figure has climbed to 74.7%, illustrating the importance of these matters in broader litigation strategies.

Shifts in Legal Workload and Cost Management

Despite the rise in overall caseloads, many organizations have managed to keep their in-house legal teams stable. Interestingly, time allocated towards class actions has seen a reduction of 24% compared to previous years. In-house attorneys are now prioritizing legal issues that have direct impacts on business operations, pushing class action management to outside counsel. However, the trend shows that over 15 years, the time devoted to these cases has tripled, from just six hours a week to 18 hours.

Cost management tools continue to evolve, with roughly 40% of companies utilizing alternative fee arrangements consistently over the past five years. Trusted counsel also remains a primary method for controlling costs, highlighting the value placed on reliable legal partnerships.

Looking Ahead

As reflected in this year's survey outcomes, companies are urged to develop thoughtful strategies that account for the continuing rise in class actions and the complexities introduced by emerging technologies, particularly AI. Carlton Fields has effectively carved out a niche as a vital resource, guiding clients through the intricacies of class action litigation. The insights gleaned from this report will serve as a crucial tool for legal decision-makers in navigating the nuances of today's challenging class action environment.

The findings presented in the 2026 Carlton Fields Class Action Survey underscore a critical moment for corporate legal strategies and highlight the escalating necessity for comprehensive risk management and proactive legal defense. As Carlton Fields marks 125 years of legal excellence, the firm continues to stand at the forefront of legal challenges facing modern enterprises.

To access the full report of the 2026 Carlton Fields Class Action Survey, visit www.classactionsurvey.com.