New data suggest the financial crisis will spur litigation

BVWireIssue #73-4
October 22, 2008

No surprises here: It’s a contention made by a host of respected BV industry experts (see the November 2008 issue of Business Valuation Update) and others. However, if you need additional confirmation, check out the results from the recently-released 2008 Litigation Trends Survey, conducted by the international law firm of Fulbright & Jaworski.

After two straight years of reporting declines in the number of new lawsuits and regulatory proceedings—including a drop in large-dollar cases—this new data found that U.S. companies now anticipate an uptick in new actions and government probes. According to Stephen Dillard, who chairs the firm’s global litigation practice, “This year’s survey appears to mark an inflection point for American business, between the end of a prolonged period of prosperity and the start of a period of economic challenge that is likely to fuel litigation over who is to blame and who should pay for the consequences. Given that we were polling in-house counsel on the cusp of that transition, it’s no wonder that this year’s findings highlight both the evident calm before the storm, as well as the sense that disputes are on the rise.”

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