Crowell & Moring Releases Litigation Forecast 2025: What Corporate Counsel Need to Know for the Coming Year

Washington – January 15, 2025: Crowell & Moring has published Litigation Forecast 2025: What Corporate Counsel Need to Know for the Coming Year. The 13th-annual Litigation Forecast focuses on the proliferation of class action lawsuits that have increasingly higher stakes, larger class sizes, and greater exposure for companies in a range of areas. The report explores new class action developments in artificial intelligence, antitrust, consumer products, health care, and more.

In the cover story, Crowell attorneys Jennifer Romano and Sarah Gilbert discuss the importance of rethinking typical class action defense strategies, including how to approach discovery and witness lists. Andrew Holmer examines a new trend in the health care space involving plaintiffs’ attorneys taking the excessive-fee concept pioneered in retirement plan litigation and applying it to self-funded corporate health insurance plans.

“Today, class action litigation is being driven by unprecedented advances in technology, regulatory changes, and shifting consumer expectations that are rendering many tried-and-true defense playbooks ineffective. Our attorneys discuss these developments and offer new insights for how in-house counsel can meet the moment and achieve their business and litigation goals,” said Philip T. Inglima, chair of Crowell & Moring.

Warrington Parker explores how the rapidly evolving landscape of artificial intelligence has impacted class actions by creating an uncommon level of uncertainty pointing to the likelihood of future consumer class actions stemming from AI-based selections and bad AI decisions. These AI advances have particular potential to impact the antitrust space, with algorithmic pricing class actions front and center, as discussed by Jordan Ludwig.

Articles in the Litigation Forecast include:

• Cover Story – Rethinking the Class Action Strategy
• Administrative Law – Big Shifts in Administrative Law
• Appellate – The Landscape of Pretrial Appeals is Changing Rapidly
• Product Liability – Class Actions Are Increasingly Using Economic Loss to Bring Claims
• Health Care – Plaintiff’s Bar is Taking a Page from the Retirement Plan Playbook
• Jurisdictional Analysis – Class Actions Across the Country
• Consumer Products – Microplastics are Ubiquitous. So, Increasingly, are the Class Action Suits They’re Spawning

• Product Regulation – A New Challenge for Cosmetics Makers: Dealing with the FDA

• Sustainability – 100 Percent Ethical Sourcing? Zero Emissions? Recyclable? Class Action Plaintiffs Beg to Differ
• Antitrust – A New Frontier: Algorithmic Pricing Class Actions
• Employment – Both Old and New Issues are Driving the Increased Likelihood of Class Action Suits
• Privacy – Plaintiffs’ Attorneys Test Theories to Bring Claims Against Companies Using Customer Data
• Artificial Intelligence – The Rapidly Evolving Landscape of AI Class Action Litigation Has Become a Wild, Wild, World
• United Kingdom – Nearly a Decade After U.S.-Style Collective Actions Emerged, Opt-Out Lawsuits are on the Rise
• European Union – EU- and Member State-Level Reforms Should Spur Increase in Class Actions

All of the articles from the Litigation Forecast are available at https://www.crowell.com/LitigationForecast. Follow the conversation on social media with #LitigationForecast.

About Crowell & Moring LLP

Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity, and inclusion.

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