LITIGATION MINUTE: New Year's (dispute) Resolutions a Look Ahead at Litigation Trends in 2023
Wednesday, January 25, 2023

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

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.

 

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