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Regulatory Matters Abound
American companies dealt with more regulatory and investigation matters in 2013 than in 2012, and the volume of labor and employment litigation matters outpaced contracts. The latter two areas usually track one another closely at the top of the list of most numerous types of litigation matters pending in the last 12 months, but Norton Rose Fulbright's 10th Annual Litigation Trends Survey revealed a notable gap between them: 48% of survey respondents put labor and employment on their list compared with 36% that included contracts.
Generally, the number of lawsuits commenced against companies in the previous 12 months in the United States has remained fairly consistent over the past several years, but high-value matters with more than $20 million at issue rose to just over one-third of U.S. companies facing one or more such lawsuits.
Still, the biggest news coming out of the survey conducted at the end of 2013 and beginning of 2014 related to the regulatory and investigations area. For example, nearly one out of every five companies reported regulatory/investigations among their most numerous types of litigation matters pending in the last 12 months. That compares with just 9% of U.S. company respondents in 2012 who dealt these matters that frequently. The technology/communications and healthcare sectors saw the biggest increases, with one-quarter or more of companies in those sectors reporting these matters among their most numerous types of litigation pending, compared with just 10% in 2012.
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