2026 Commercial Litigation Outlook

Navigating the accelerating legal, technological, and economic pressures shaping commercial litigation.

From expanding AI influence to rising state‑level regulation, the 6th Commercial Litigation Outlook highlights a dynamic, fragmented risk landscape resistant to clear predictions. Read on for more or download the publication.

AI-Driven Risks

AI is creating new legal risks, from authenticating AI‑generated content to deepfakes and algorithmic tools, as courts and regulators rapidly reset expectations.

Compliance Patchwork

State shifts in non-competes, privacy, and biometrics are creating a fragmented landscape. Businesses must adjust strategies by jurisdiction as enforcement grows.

Economic Pressures

High rates, rising debt, and post‑pandemic strain are increasing bankruptcies and sector‑specific disputes, especially in real estate, health care, and franchises.

Webinar Series

Our four-part webinar series brings together the authors of this year’s Commercial Litigation Outlook for engaging, in-depth discussions. Each session dives into the key trends explored in their articles and delivers practical, real-world insights to help you navigate today’s evolving litigation landscape.

Missed a session or want to revisit the discussion? Click here to access the full webinar series on demand.

Webinar Series

Missed a session or want to revisit the discussion? Click here to access the full webinar series on demand.

From the widening reach of artificial intelligence to the steady march of state legislatures into areas once dominated by federal regulators, the themes highlighted here reflect a risk landscape that is dynamic, fragmented, and increasingly resistant to tidy predictions.

Shawn Wood

National Commercial Litigation Practice Group Chair

As we look ahead, one reality stands out: the commercial litigation environment remains fluid, fast-moving, and defined by competing pressures. Rapid technological advancement, shifting policy priorities, and evolving theories of liability will continue to test businesses and their legal teams.

Rebecca Woods

National Commercial Litigation Practice Group Co-Chair

Get the Full Outlook

Across a dozen chapters of in-depth analysis, our attorneys provide meaningful insight and practical guidance as you navigate the complexities of 2026 and beyond. Download the full Outlook for insights.

2026 Commercial Litigation Outlook

From expanding AI influence to rising state‑level regulation, the 6th Commercial Litigation Outlook highlights a dynamic, fragmented risk landscape resistant to clear predictions. Read on for more or download the publication.

AI-Driven Risks

Compliance Patchwork

Economic Pressures

Webinar Series

Get the Full Outlook

Meet the Authors

Kristine R. Argentine

Past Editions