Welcome to the third annual installment of Seyfarth Shaw's Commercial Litigation Outlook, where our nationally-recognized team provides insights about litigation issues and trends to expect in 2023.

The continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023. We expect an uneven year where some litigation booms, some busts. As was true last year, the trick to navigating the upcoming challenges will require clients and their counsel to be adaptive, creative, and proactive.

In-house counsel will reap the benefits of the already-developed skills and managed risk in some areas (e.g., cyber risk--so 2020 but still very relevant), and will have to crawl up some entirely new learning curves in other areas (e.g., ESG exposures).

With increasing and sprawling rulemaking and private plaintiff actions, we see ESG issues touching every aspect of most businesses. Protecting the organization will require significant monitoring, proactive engagement, integration of organizational interests and resources, and creative and knowledgeable partners to help navigate these particularly choppy waters.

The DOJ and FTC will continue to address alleged wage fixing, bring heightened review to proposed mergers, and undertake close scrutiny of cryptocurrency exchanges and other new, largely unregulated vehicles for bundling or investing in cash and securities.

As you can read in the full Outlook linked below, privacy will continue to dominate regulation and litigation, with more laws protecting and regulating the use of personal information. The commercial real estate space will see continued evolution as industries are challenged with changing circumstances, from expansion of retailers into rural areas, to legalization of marijuana, to accommodation of climate change, and to use of "smart contracts" and changing means of payment. Other key trends in the commercial litigation space addressed in this issue are:

  • Antitrust
  • Bankruptcy
  • Consumer Class Actions
  • Consumer Financial Services Litigation
  • eDiscovery & Innovation
  • Franchise & Distribution
  • Health Care Litigation
  • Insurance
  • International Dispute Resolution
  • Trade Secrets, Computer Fraud & Non-Competes
  • Trial Outlook

Download the 2023 Commercial Litigation Outlook Now

Looking Ahead: Webinar Series

In the coming weeks, our team of authors will present a three part webinar series covering the topics mentioned above, including any recent developments. The first webinar will be held on Tuesday, February 7 at 1:00 p.m. ET.

A formal invitation will follow, but you can also register for the webinar series through the link below.

Register for the Webinar Series

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.