Litigation Minute: New Year's (Dispute) Resolutions - A Look Ahead at Litigation Trends in 2023

K&L Gates LLP

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS

As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and personal growth: the well-being of our clients, productivity of our practice and its services, and continued growth of our coverage of trending litigation topics. 

As we continue to provide insights into a range of timely themes, we look forward to accomplishing our New Year’s (dispute) resolutions by keeping you up-to-date on the most pertinent litigation news. 

In a minute or less, look ahead at some of the topics to be covered in our future editions of Litigation Minute, coming to your inbox in 2023.

Emerging Contaminants Regulations

Emerging contaminants—or contaminants of emerging concern, as referred to by the Environmental Protection Agency—create an increasingly prominent challenge on both environmental and litigation-related grounds. 

While liability claims concerning exposure to emerging contaminants like asbestos and various chemicals have historically affected manufacturing companies, one specific contaminant, ethylene oxide—present in household products from insecticides to detergents—has expanded the risk of personal injury and product liability litigation. 

Website Tracking Litigation

Last year saw increased filings of class-action lawsuits alleging unlawful tracking of users’ website activity. This trend, coupled with new and updated privacy statues in various jurisdictions, poses a significant risk to companies utilizing recent technologies in user interface operations.

With even the most sophisticated technology companies having faced large-scale class-action suits concerning user data privacy, taking appropriate measures to mitigate litigation risk should take precedence for companies as they begin the new year.

Climate-Related Lawsuits

While environmental, social, and corporate governance (ESG) considerations have risen to the forefront of public awareness in recent years, one recent trend in related litigation pertains to the “E”—focusing specifically on the ever-present environmental threat of climate change.

Despite the waves of recent amendments to environmental regulations and disclosure requirements, climate-based litigation has only expanded in scope, with companies operating in industries from the financial sector to retail facing the prospect of mass tort and class-action suits.

New Year, New Thinking

We look forward to continuing to share our latest thought leadership with you throughout 2023. Subscribe to our Litigation Minute newsletter, and make litigation awareness and risk management the most attainable resolutions on your list this year. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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