Commercial Litigation Trends Businesses Should Watch Right Now

When businesses fail to reach an agreement, it can lead to a dispute that needs legal intervention to be solved. Commercial litigation becomes the solution: a specialized type of litigation that helps resolve disputes between business entities with the assistance of an experienced lawyer.

Common causes of commercial disputes include breach of contract, partnership disagreements, and intellectual property issues. Yet as the business landscape changes, so does the way business is done, and new commercial litigation trends have emerged. Staying informed about these legal developments can help protect you and your business from running into trouble.

As experienced commercial litigation attorneys, we have put together a few of the most prevalent commercial litigation trends that should be on your radar.

The Changing Landscape of Commercial Litigation

Businesses have developed and evolved over recent years, and the way that businesses are conducted has a direct impact on the disputes that arise. As businesses have become more globally connected and technologically advanced, disputes have become more complex and often high-stakes. Today’s interconnected and digital environments, combined with stricter regulations, have directly influenced commercial litigation trends.

Some of the most common reasons for the changing landscape of commercial litigation include:

• Rapid technological advancement, including the rise of AI, digital platforms, and increased reliance on digital evidence
• The globalization of business, leading to more cross-border transactions
• Jurisdictional complexity and enforcement challenges
• The expansion of the regulatory framework, with emphasis on areas such as data protection and anti-corruption
• Economic uncertainty and market volatility are leading to more contract breaches and disruptions in obligations and supply chains
• The rise of Environmental, Social and Governance (ESG) and corporate accountability, placing environmental and social practices under greater scrutiny
• Evolving litigation strategies, driven by the growth of litigation funding

All of these factors influence how disputes arise, how they are managed, and how they are ultimately resolved.

6 Trends Commercial Litigation Trends to Watch

For a business to succeed in this evolving landscape, it is essential to be proactive and manage legal risk with sound advice and expert guidance. These are some trends that have become prominent in commercial litigation.

1. Breach in Data Privacy

Data privacy breaches have become one of the fastest-growing areas of commercial litigation, particularly in the form of class actions. In the United States alone, this type of commercial dispute increased by over 146% between 2022 and 2024. This trend has driven settlement values higher, with the 10 largest cases in 2024 reaching a combined $593 million.

This increase can be attributed to growing public awareness of data rights and the expansion of privacy laws. As a result, plaintiffs feel empowered to pursue a wider range of claims, including those related to biometric data, online tracking, and unauthorized data sharing. There has also been an increase in claims related to website tracking technologies and data-sharing practices, highlighting the growing risk of privacy-related breaches. For businesses, this highlights the importance of robust data protection practices, compliance with evolving regulations, and proactive risk management strategies to reduce exposure.

2. Violation of ERISA Claims and Employee Benefits

Employment Retirement Income Security Act (ERISA) litigation is also a rising trend, with a notable increase in class action filings. The 2022 Northwestern University decision made it easier for plaintiffs to bring ERISA fee lawsuits, especially those alleging excessive fees or poor investment choices in 401(k) plans. These cases claim that plan fiduciaries breach their duties by offering high-cost investment options or charging unreasonable fees.

In some instances, courts have responded with stricter standards, but these claims continue to move toward certification or settlement. New types of ERISA claims are also emerging, including challenges to pension risk transfer transactions and disputes over the use of forfeited retirement funds. These disputes are closely tied to growing attention on health plan litigation, which focuses on excessive administrative costs and other issues related to wellness program charges.

3. Copyright Disputes Involving AI Training Data

AI has brought significant value to the business world, but it also comes with risks, including copyright litigation over AI training data, which has become a major trend in commercial litigation. Content creators are suing major technology companies for using copyrighted books, images, and music without permission to train artificial intelligence models. These disputes raise a key legal question: whether using copyrighted material to train an AI system constitutes fair use or infringement.

Some of these cases have made headlines, such as Thomson Reuters v. Ross Intelligence, where the court ruled that copyrighted legal content used to train an AI tool was not protected by fair use. This outcome confirmed that AI training data remains subject to traditional copyright principles. The results of this case are likely to influence a growing number of similar lawsuits as courts continue to define the legal boundaries of AI development and content creators continue to bring claims against technology companies. Businesses need to be careful about how data is sourced and used in AI systems to avoid legal and financial risks.

4. False Greenwashing Claims

The act of greenwashing is a deceptive marketing tactic in which a company or policy presents itself as more environmentally friendly or sustainable than it actually is, misleading consumers through tactics such as hidden trade-offs, a lack of proof, or vague claims. Consumers are no longer allowing large corporations and products to get away with greenwashing, and commercial litigation is on the rise as more lawsuits against companies accused of making false or exaggerated claims about the environmental benefits of their products make their way to court.

As consumers become more aware of environmental issues, scrutiny of corporate ESG claims is increasing, especially when customers feel they have paid a premium based on misleading messaging. Several major companies, including Nike, Delta Air Lines, and Apple, have faced such claims, showing that courts are taking a close look at the factual basis for environmental representations. This trend highlights the importance of ensuring ESG and sustainability claims are accurate and aligned with actual practices to avoid legal and reputational risk.

5. Rise of Litigation Funding

Litigation funding is legal in many jurisdictions, including most U.S. states. It allows third-party funding, where an outside investor pays for a lawsuit in exchange for a share of the financial recovery if the case is successful. What was once prohibited is now a practice expected to exceed $25 billion by 2030, with large pools of capital being used to fund complex and costly cases that may otherwise be unaffordable.

At the same time, this growth has brought increased regulatory attention. While litigation funding is expected to continue expanding, it will do so under greater scrutiny and accountability.

6. Rise in Contract Disputes

Current economic uncertainty has created supply chain disruptions and shifting business conditions, leading to a rise in contract disputes as companies face increased financial pressure, breaches of contract, and delays in performance. Disagreements over contract terms have become more common as businesses seek to protect their interests. Often, contracts are drafted before market changes occur, and when the time comes to reflect current realities, disputes over interpretation and obligations become more nuanced.

As contract disputes continue to grow as a trend in commercial litigation, it is more important than ever to draft clear and flexible contracts that support proactive risk management.