Last month, the international law firm Fulbright & Jaworski published the fifth edition of its annual litigation trends survey. It is the largest survey of its kind – providing valuable insights from 358 in-house counselors in the U.S. and UK on what are likely to be the most significant sources of corporate litigation in the coming year.
The survey results confirm the old adage that the more things change, the more they stay the same. For the fifth year running, the most common lawsuits brought against U.S. companies fell into the categories of labor and employment, contracts, and – to a lesser extent – personal injury. Also among the top ten categories were product liability, intellectual property and patents, environmental-toxic tort, and class actions.
Not surprisingly, smaller companies are expected to fare better than large ones. Nearly half of the companies with revenues below $100 million reported no new litigation in the last year, while only 11 percent of big corporations and 27 percent of mid-sized firms were able to report the same.
Perhaps the most startling facet of the report is that only eight percent of respondents expect disputes to decrease in 2009 – meaning that even if your company isn’t currently embroiled in litigation of some sort, it very well could be before the next calendar year is out. As such, it’s time to start thinking about your vulnerabilities and how best to protect them. A great place to start is the blogosphere.
From employment and personal injury litigation, to intellectual property and toxic tort trends, monitoring plaintiffs’ and other law blogs provides the intelligence that is essential to seeing around corners and predicting what’s coming next in this litigious age. The plaintiffs’ bar utilizes social media to raise issues, troll for class action clients, and tar a company’s good name to get a leg up in the Court of Public Opinion. If you’re listening to what they’re saying, you can stay ahead of the game – and possibly avoid playing a staring role in next year’s Fulbright report.
Melissa Arnoff is a Vice President at Levick Strategic Communications with a proven track record in brand development, brand protection, and marketing communications for a diverse clientele. Her clients have been featured in high-profile outlets including the New York Times, Investors’ Business Daily, and Dow Jones, as well as leading industry trade publications.
