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2011 Litigation Trends Survey

By Stephen C. Dillard

The three-year upward trend in traditional litigation since 2008 leveled off over the past year, but was replaced by a steady rise in regulatory proceedings. The 2011 Fulbright & Jaworski Litigation Trends Survey of senior corporate counsel reveals that 40% of respondents had at least one regulatory proceeding commenced against them in the past 12 months, up from 37% in the 2010 survey and 34% in 2009.

Regulatory concerns and company growth are the leading reasons given by respondents for expecting an increase in regulatory actions over the coming 12 months. Compared with last year's survey, barely half as many respondents cite the poor economy as a reason for their expectations of more litigation ahead. Few foresee a decrease; 92% of U.S. respondents and 85% of UK respondents expect litigation will either increase or remain at current levels for the next 12 months.

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