Norton Rose Fulbright’s 2024 Annual Litigation Trends Survey reveals that environmental, social and governance (ESG) issues are a growing litigation concern.

As regulatory requirements around climate and ESG disclosures take shape while anti-ESG sentiment grows, organizations are increasingly finding themselves caught in the middle.

One in 10 respondents experienced ESG-related litigation last year (compared to just 2% in 2022) – a development we anticipated in our 2023 Annual Litigation Trends Survey report.

Thirty-eight percent of organizations are also concerned about future ESG class actions as issues such as greenwashing, diversity policies and regulatory compliance, go under the microscope.

Download the 2024 Annual Litigation Trends Survey for more details.

Key litigation trends

Cybersecurity and data protection

Cybersecurity and data protection

Forty percent of organizations saw their cybersecurity dispute exposure grow in 2023 as cyberattacks reached record levels.

United States | January 17, 2024
Class actions

Class actions

In the wake of last year’s banking crisis, the share of organizations involved in bank or financial fraud class actions more than doubled, to 21% in 2023 from 9% in 2022.

United States | January 17, 2024
Intellectual property

Intellectual property

AI is a leading contributor to both cybersecurity exposure and IP vulnerabilities, with roughly half of respondents saying that increased use of AI will grow their exposure.

United States | January 17, 2024
Regulation and investigations

Regulation and investigations

A greater proportion of organizations were involved in regulatory proceedings in 2023 versus the previous year, with 61% of respondents involved in at least one.

United States | January 17, 2024
Litigation preparedness

Litigation preparedness

As organizations expect more legal disputes across the board in 2024, more than half expect to hire internally to meet demand – much higher than the 36% in 2022.

United States | January 17, 2024


Contacts

Steven D. Jansma
Steven D. Jansma
Head of Litigation and Disputes, United States
Email
steven.jansma@nortonrosefulbright.com
T: +1 210 270 9366
Andrea L. D'Ambra
Andrea L. D'Ambra
US Head of Technology and US Head of eDiscovery and Information Governance
Email
andrea.dambra@nortonrosefulbright.com
T: +1 212 318 3015
Mayling C. Blanco
Mayling C. Blanco
Partner
Email
mayling.blanco@nortonrosefulbright.com
T: +1 212 318 3340
Arthur P. Licygiewicz
Arthur P. Licygiewicz
Partner
Email
art.licygiewicz@nortonrosefulbright.com
T: +1 214 855 8256
Rachel Roosth
Rachel Roosth
Partner
Email
rachel.roosth@nortonrosefulbright.com
T: +1 713 651 3734

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