As businesses face increasingly complex challenges in today's dynamic environment, understanding emerging litigation trends is crucial for effective risk management and strategic planning. Here are the key trends that business leaders and legal professionals should watch in 2025.

AI-Related Litigation Surge

The rapid adoption of artificial intelligence across industries has sparked a new wave of litigation. Companies are facing claims related to AI bias in hiring decisions, automated decision-making processes, and data privacy violations. We're seeing particular attention on cases involving large language models and their impact on intellectual property rights, as well as disputes over AI-generated content and algorithmic transparency.

ESG Compliance and Litigation

Environmental, Social, and Governance (ESG) considerations continue to drive significant litigation activity. Shareholders are increasingly bringing suits against companies for alleged misrepresentations in ESG disclosures, while environmental litigation related to climate change commitments and sustainability claims has become more sophisticated. Companies must ensure their ESG statements are accurate and verifiable to minimize litigation risk.

Remote Work Disputes

The permanent shift to hybrid and remote work models has created new categories of employment litigation. Cases increasingly focus on wage and hour compliance for remote workers, workplace safety in home offices, and discrimination claims related to remote work policies. Privacy concerns and data security requirements for remote employees remain significant sources of legal exposure.

Supply Chain Litigation

Global supply chain disruptions continue to generate complex commercial disputes. Companies are litigating force majeure clauses, seeking damages for breach of contract, and facing claims related to supply chain transparency and modern slavery compliance. The intersection of geopolitical tensions and commercial relationships has added new complexity to these cases.

Cybersecurity and Data Privacy

With evolving privacy regulations and increasing cyber threats, litigation related to data breaches and privacy violations remains prevalent. Companies face both class action lawsuits from affected individuals and regulatory enforcement actions. The implementation of state privacy laws has created a complex compliance landscape that frequently leads to litigation.

Alternative Dispute Resolution Growth

Companies are increasingly turning to mediation and arbitration to resolve disputes efficiently. The rise of online dispute resolution platforms and virtual proceedings has made alternative dispute resolution more accessible. This trend is particularly notable in commercial contract disputes and employment matters.

What This Means for Businesses

To navigate these trends successfully, businesses should:

• Review and update compliance programs regularly
• Invest in robust risk management strategies
• Maintain comprehensive documentation of key decisions and policies
• Seek early intervention in potential disputes
• Consider alternative dispute resolution mechanisms where appropriate

The litigation landscape continues to evolve with technological advancement and regulatory change. Working with experienced legal counsel who understand these trends is essential for protecting your business interests and managing risk effectively.

For more information about how these trends might affect your business or to discuss your specific legal needs, please contact Adam Witkov