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Employment and labor and cybersecurity, data protection and data privacy remain top of mind for in-house lawyers focused on litigation. Still, there’s mounting concern about the threat of large damages verdicts.
Those are the key takeaways from the annual survey of 400 general counsel and in-house litigation leaders in the United States and Canada by Norton Rose Fulbright, released last month. In September the firm queried in-house lawyers from industries including financial services, technology, retail, healthcare, real estate and construction, food and beverage, logistics and transportation, consumer markets and energy. This year marks the 20th year the firm has conducted its annual litigation trends survey.
The firm found that the average amount spent on litigation by companies with $1 billion or more in revenue in 2024 was $4.3 million, up from $3.9 million in 2023. Eight in 10 respondents this year said they have growing concerns about so-called “nuclear verdicts” — those with unexpectedly high damages awards. At the same time, 82% said settling cases before trial has become more difficult due to increasing legal costs and high settlement demands.
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