The commercial litigation process helps resolve differences between two or more parties. Commercial litigation has seen a few trends that may persist beyond 2023.
Like other fields, technology has impacted commercial litigation. The field benefits from E-discovery tools, artificial intelligence, and data analytics that enable legal teams to handle mountains of information. Because arbitration is more efficient and less public, businesses increasingly rely on ADR (alternative dispute resolution), including mediation. ADR saves time, money, and related resources in various cases, including traditional procedures and those involving patent validity. Laws continue evolving, and some proponents of environmental, social, and governance (ESG) continue bringing related cases to the forefront. Therefore, organizations must legally prepare themselves if shareholders, regulators, and consumers file ESG-related cases against them. Thus, commercial litigation professionals must also prepare themselves for this area of law. As more cyberattacks occur, businesses have faced more lawsuits over data leaks. Enterprises are gradually changing to meet the complex security challenges in cyberspace, such as legal liability, requirements for data protection, and damage evaluation. Governments have emphasized diversity and inclusion, and legal professionals have adapted to meet the mandates, including those in commercial litigation. Therefore, firms have changed hiring practices to assemble legal teams with diverse backgrounds, perspectives, and thought processes.
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AuthorAn experienced commercial litigator, Zachary Andrew McEntyre currently serves as a senior associate in King & Spalding’s Atlanta. Archives
January 2018
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