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Overview of Crowell & Moring's 2025 Litigation Forecast

Crowell & Moring LLP has released its 13th annual Litigation Forecast, highlighting crucial changes and emerging trends in class action lawsuits anticipated for 2025. The report, titled "Litigation Forecast 2025: What Corporate Counsel Need to Know for the Coming Year," is an essential resource for corporate legal teams aiming to navigate the complexities of litigation in a rapidly evolving legal landscape.

Key Highlights of the Report

The 2025 Litigation Forecast provides invaluable insights into various sectors, focusing particularly on the notable rise in class action lawsuits that have larger stakes and involve greater class sizes compared to previous years. The report's contributions come from noteworthy attorneys at the firm, including Jennifer Romano, Sarah Gilbert, and Andrew Holmer.

Rethinking Class Action Strategies

The cover story emphasizes the need for corporate counsel to reassess traditional defense strategies regarding class actions. Attorneys Romano and Gilbert explicate how conventional approaches may no longer suffice in the face of evolving challenges, particularly in areas such as discovery processes and the formulation of witness lists. As litigation continues to be influenced by shifts in technological advancements, regulatory frameworks, and consumer expectations, the authors encourage legal teams to develop more adaptable strategies.

Areas of Concern

The report delves into the impact of burgeoning technology on class action litigation. For instance, attorney Warrington Parker sheds light on the complexities introduced by artificial intelligence, particularly concerning potential future consumer class actions resulting from AI-driven decisions. Jordan Ludwig elaborates on how algorithmic pricing could lead to antitrust-related class actions, signaling an urgent need for vigilance among corporate legal teams.

Detailed Articles Covered in the Forecast

The Litigation Forecast addresses a wide range of pertinent topics, including:
1. Administrative Law: Current shifts and trends influencing administrative law.
2. Appellate: Changes in the landscape of pretrial appeals.
3. Product Liability: Class actions increasingly leveraging economic loss concepts to file claims.
4. Health Care: Adaptation of tactics from retirement plan litigation to corporate health insurance cases.
5. Jurisdictional Analysis: Examination of class actions across various jurisdictions in the U.S.
6. Consumer Products: The rising ubiquity of microplastics resulting in more class action suits.
7. Sustainability Initiatives: Class action plaintiffs challenging companies on ethical sourcing and environmental claims.
8. Antitrust: Consideration of a new frontier involving algorithmic pricing class actions.
9. Employment: Both longstanding and emerging issues contributing to a rise in class actions in the employment sector.
10. Privacy: Legal developments concerning claims arising from the misuse of consumer data.
11. Artificial Intelligence: The evolving landscape and its implications for class action litigation.
12. Global Perspective: Insights into collective actions and class suits in the UK and the EU, examining potential increases in such litigations following reforms.

Conclusion

The Crowell & Moring Litigation Forecast 2025 serves as a critical resource for corporate counsel aiming to prepare for upcoming changes in litigation trends. Given the report's comprehensive analyses and expert insights, legal advisors are better equipped to meet ongoing challenges, safeguard their interests, and align their strategies with the current and future litigation environment. Legal teams are encouraged to engage with the report's findings and adapt their methods accordingly to ensure that they are not caught off guard in this dynamic landscape.

For the full report, visit Crowell & Moring's official website. Find the conversation on social media by following the hashtag #LitigationForecast.