US law firm litigation partners and the Association of Corporate Counsel discuss their views on litigation areas in 2017
If corporate counsel were bullish about a rise in litigation for 2017, their lawyers were no different. James Herschlien of Arnold & Porter Kaye Scholar agrees there will be a continued rise in litigation. Herschlien adds that, first, as the recent US election confirmed: “The populace is divided and division breeds disputes and litigation.” “Second,” he continues, “those election results also signal a change in the federal administration, bringing with it potentially massive, and as-yet unknown, changes in regulations – always a fertile ground for litigation”. “Third, we see continued growth generally in litigation involving cybersecurity, employment, class actions (particularly on food and beverage labelling) and mass tort claims.” Additionally, Herschlien believes that the relative uncertainty currently present in certain key legal subjects “engenders more litigation”, citing trade secrets as one example.