Legal Update

Mar 31, 2021

Commercial Litigation Outlook

2021 Edition
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The upcoming year promises to be hectic and active on the litigation front. To help our clients anticipate and navigate what’s to come, our subject-matter experts provide insights and analysis on what you can expect.

As the nation emerges from the pandemic, clients face the double-whammy of delayed resolution of existing disputes (thanks to court shutdowns) and increased litigation activity across the board. The third quarter of 2020 saw significantly increased lawsuit activity, particularly in the area of real estate litigation. The remainder of 2020 had slightly below average lawsuit filings, which we think was attributable more to delayed filing rather than avoided disputes. Indeed, prognostications from a variety of legalwatchers all agree that lawsuits will be on the rise.

The burning question for many is, “when will the courts unclog?” With criminal matters taking precedence, many jurisdictions will remain bogged down with civil suits taking a back seat through the rest of the year. But some jurisdictions are already rebooting jury trials, some remote and, with full vaccine distribution possible by summer, civil trials in unclogged jurisdictions are likely by the third quarter of 2021.

As you can read in the full Outlook linked below, electric vehicles are shaking up the automotive franchise world, the flood of real estate disputes will continue past 2021, and regulatory framework will trigger heightened compliance obligations for financial services companies. Other key trends in the commercial litigation space addressed in this issue are:

  • Antitrust
  • Biometric Privacy Laws
  • Cybersecurity
  • Data Protection
  • eDiscovery
  • Health Care Litigation
  • Insurance

We hope you find this publication informative. Please contact any of the authors for assistance with any of the issues outlined in this publication.

Download the Commercial Litigation Outlook Now