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New Litigation Trends Survey Reveals a Rising Tide

By Otway B. Denny

The 9th Annual Litigation Trends Survey, commissioned by Fulbright & Jaworski L.L.P. and conducted during 2012 by an independent research firm, reveals a highly active litigation picture, especially in the UK, where disputes are definitely on the rise. In both the U.S. and the UK, 86% of respondents reported that their company was a target of at least one lawsuit during the past 12 months. The difference is in the rise from the previous survey, when 83% of U.S. respondents but just 48% of UK respondents said one or more lawsuits had been commenced against their company.

In general, companies have also been more aggressive on the plaintiff's side; 60% of all the companies surveyed commenced one or more lawsuits in the past 12 months, compared with 48% in 2011. Again the most notable increase is in the UK, which rose from 42% in 2011 that had commenced one or more lawsuits to 56% in 2012.

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