endorsement of class action-banning arbitration clauses, enshrined in its seminal Concepcion decision in 2011. We also look at the plaintiff bar’s continuing efforts to develop the next generation of mass torts, with ultra-processed foods and medication likely to sustain the growth of the federal court MDL docket driven by cases involving allegedly defective earplugs and social media additions. ▪ Employment: Our labor and employment law experts tackle a number of subjects of broad relevance to our management-side clients. Chief among these are significant changes to workplace protection laws, including groundbreaking judicial decisions and federal and state executive branch orders and agency rules that will reshape the Title VII standard, impact certain corporate workforce initiatives, and further protect employee pay transparency and paid parental leave. ▪ International Arbitration: The rise of artificial intelligence is having a profound impact on the practice of international arbitration. We examine not only the impact of AI in cross-border disputes, but also the effect of economic sanctions on traditional arbitral neutrality, and the possibilities open to a party that wishes to challenge an arbitrator’s appointment. ▪ IP/Media: The Supreme Court’s most recent Term featured several opportunities to clarify damages under the Copyright Act and remedies under the Lanham Act, as well as address First Amendment issues regarding social media content moderation. Our IP/ Media litigators weigh in on what the High Court did – and did not – adjudicate. ▪ Patent Litigation: Likewise, SCOTUS decided several important cases in the patent space. Our patent litigators take a close look at the Loper Bright ruling limiting judicial deference to administrative agency interpretations of the law, and its effect on proceedings at the U.S. Patent Office. Other developments impacting the patent sphere, including a new obviousness test for design patents and the rise of third-party litigation funders, receive in-depth analysis, as well. ▪ Product Liability: The heightened use of artificial intelligence technology presents another interesting issue for consumer products companies: what happens when AI malfunctions? If AI-enabled products become subjected to product liability laws, then companies may be exposed to additional liability, including threatened “nuclear verdicts” similar to what we have seen in cases involving more conventional consumer products. We look at both of these dynamics, as well as the new threat of David Lender Co-Chair of Weil’s Litigation Department John Neuwirth Co-Chair of Weil’s Litigation Department Drew Tulumello Co-Chair of Weil’s Litigation Department LITIGATION TRENDS 2025 public nuisance claims appearing in lawsuits alongside of traditional product liability claims, and an increase in false advertising claims tied to environmental issues. ▪ Securities Litigation: Our securities team, with its wealth of expertise in Delaware corporate law, has been closely tracking efforts by public companies to re-domicile from Delaware to other states, and the response of the Delaware legislature to the so-called “DExit” movement. We also take note of other developments impacting shareholder jurisprudence, particularly involving claims brought against third-party acquirers, and the continued powerful impact of the Goldman argument in challenging class certification in securities class actions. ▪ White Collar: The new administration has enacted sweeping changes regarding the focus and direction of federal criminal enforcement, shifting focus away from corporate fraud and anti-corruption measures and more towards issues such as illegal immigration and international cartels. Cryptocurrency enforcement appears to have softened as well. However, the DOJ will likely continue to prosecute False Claims Act cases, and has also implemented a new corporate whistleblower program, signaling that the regulatory agencies will remain closely engaged. We hope Litigation Trends 2025 will help you navigate a dynamic and rapidly changing litigation landscape, and we’re excited to share our insights with you as we look forward to the year ahead.
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