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Class actions are growing in volume, complexity, and strategic importance across global markets.
Their rise is a 21st-century phenomenon shaped by megatrends such as globalisation, digital transformation, economic development, rapid consumerisation, and heightened expectations of corporate responsibility. These forces are reshaping legal systems and driving demand for more accessible and coordinated litigation pathways.
Legal frameworks are evolving at pace. Australia has had well-developed class action laws for over 30 years, while other jurisdictions are building out patchwork regimes through judicial interpretation and case law. In Europe, the transposition of the EU Directive on Representative Actions is strengthening domestic systems and expanding consumer protections. In the United States, class actions are increasingly part of a broader global litigation threat, especially in consumer fraud, employment, securities, antitrust, product liability, and data privacy.
As a global disputes powerhouse and the go-to firm for class actions, Herbert Smith Freehills Kramer draws on deep experience advising clients across sectors and jurisdictions. This overview covers key developments in Australia, France, Germany, Italy, South Africa, Spain, Thailand, the United Kingdom, and the United States.
Litigation drivers are broadening - from consumer protection to financial services, environmental and human rights breaches, and ESG-related claims. Digital transformation is introducing new risks, particularly around cyber breaches and data privacy, as companies face increasing scrutiny and evolving regulatory expectations. For businesses operating across borders, the threat of parallel and transnational actions, forum shopping by claimants, and serious reputational and financial exposure is growing.
This resource is designed to support legal teams and business leaders in navigating these challenges - highlighting recent legal developments, identifying emerging trends, and helping organisations prepare and ideally avoid litigation through improved business practices and prudent risk management.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
