First, even before the Supreme Court overturned the forty-year precedent that ended Chevron deference (federal agencies are given leeway throughout the regulatory process), regulatory litigation was already skyrocketing. This is a direct result of GOP nominations of judges across the judicial system, which means the litigation expenditure risk is increasingly worth the potential reward.
This is also the result of having an utterly dysfunctional Congress, which means there is a general consensus that any changes to the law must come through the judicial system. It also means that post-Chevron’s overruling now state legislation, regulation, and enforcement will become the next battleground where litigation may overwhelm may state’s budgets to support their laws.
Finally, it will be interesting to see whether “Federalist Society” judges will uphold the principles of federalism beyond overturning Roe v. Wade. I tend to think this will not be the case with results-oriented decisions in certain types of cases
Second, a lot of hot air has been spent writing about AI and litigation stemming from the use of AI, which includes some thoughts from yours truly: Predictions on Future State-Level AI and Data Privacy Legal Frameworks – Seidman Law (seidmanlawgroup.com) The only safe assumption is that business owners need to be prepared for being sued; therefore, adding AI-related provisions to all contracts and generally reviewing contracts for AI-related issues is imperative.
My prediction is that claims for indemnification from contracting parties to protect against losses from third parties will grow exponentially in the next 1-2 years. Trade secret and data privacy cases will be the focus of many of these cases.
Third, the amount of money spent on litigating commercial cases will remain constant. This means that litigation budgets for companies will increase due to the increase in regulatory litigation. Or to put it a little differently, too many attorneys will be making too much money. Feel free to help me become one of them…….
David Seidman is the principal and founder of Seidman Law Group, LLC. He serves as outside general counsel for companies, which requires him to consider a diverse range of corporate, dispute resolution and avoidance, contract drafting and negotiation, and other issues.
He can be reached at david@seidmanlawgroup.com or 312-399-7390.
This blog post is not legal advice. Please consult an experienced attorney to assist with your legal issues.
