9 Trends Changing the Litigation Market

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Clients are completely reassessing how they hire law firms and their strategy for moving forward. This reboot can be your best friend—but only if you make the trends work for you. Here are the most important 9:

  1. Litigation spending on outside counsel is up 6% since 2018—in-house departments are not designed for the volatile nature of the workload and risk

  2. Clients expect spending per matter to go up—although they expect the tide of matters to slow, the number of high-risk matters is driving spending per matter up

  3. Clients continue to add new law firms to their rosters in hopes of finding what they want—they have new expectations based on substantial changes in their caseloads

  4. Companies with bet-the-company work virtually double—the financial exposures are creating a new category of bet-the-company work

  5. 5 out of the 6 major litigation segments will see new spending—clients see few sources of spending reprieve

  6. Clients expect to settle 25% more cases than they settled in the last 2 years—the bright note for clients: they are becoming more skilled in settling the surge of new complex matters

  7. Class Action rates are likely to rival bet-the-company rates—the risks in class actions are growing faster than almost any other segment

  8. High Tech companies are bracing for the biggest increases in high-risk and bet-the-company litigation—they expect increases in IP Litigation spending, major supply chain issues, and intense public and government scrutiny

  9. Commercial Litigation is expected to surge in 6 industries—while the litigation pressure is largely across the board, 6 of the largest-spending industries will see the biggest increases

The outside counsel spending increases far outpace increases in clients’ total budgets. This means one thing—any work not in the high-risk category is going to get squeezed. Bring out your best AFAs for the rate-sensitive work. Knowing the nature and scope of the work is the key to pricing and pitching—an advantage for existing law firms. If you are working with a new prospective client, an initial planning session will tell you what you need to know—and differentiate you from most other law firms.

Clients are searching for the right law firms right now. Join the more than 100 law firms already using BTI Litigation Outlook 2020: Changes, Trends and Opportunities for Law Firms and see for yourself how and why clients are hiring for the best litigation opportunities to come along in years.

MBR

Law Firms Leading in 5 Areas of Litigation—and the Market Drivers

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Litigation spending is in its 3rd year of an upward march. Corporate counsel are spending more on outside counsel. Much more. And a big portion is earmarked for new, complex, high-risk matters—meaning these are real opportunities to get your foot in the door. The Powerhouse and Standout law firms in the links below are the firms corporate counsel tell us they are turning to for their most pressing litigation needs in 2020.

Complex Commercial Litigation Outlook: The Powerhouse and Standout Firms

One of the fastest growing practices in 2020. Clients anticipate spending more in spite of an expected slowdown in matters. Clients are seeking firms who understand complexity and how it can grow.

Class Actions Outlook: The Powerhouse and Standout Firms

Clients expect big increases in spending and even bigger increases in uncertainty. They are getting pickier about who they want defending them.

IP Litigation Outlook: The Powerhouse and Standout Firms

Clients expect bigger, more complex matters to dominate their case load in 2020. Top legal decision makers expect more focus on technical issues than in the past.

The Product Liability Outlook: The Powerhouse and Standout Firms

Spending is up, pricing is getting stronger, and the number of companies facing product liability is down. The claims are getting bigger as plaintiffs focus on more complex products. Clients want firms who can size up the exposure and create a fee accordingly.

Labor and Employment Litigation: The Powerhouse and Standout Firms

Clients are enjoying a continuing stream of innovation on all fronts including work process, staffing, pricing, and technology. And each change is bringing more value. Despite this, clients expect to spend more.

Learn exactly when, where, and how you can immediately gain new business from one of the best litigation opportunities to come along in years. Clients face more new cases, more complex cases, and are searching for the right law firms. Join the more than 100 law firms using BTI Litigation Outlook 2020: Changes, Trends and Opportunities for Law Firms to their immediate advantage, available now.

23 Best of the Best Law Firms in Class Actions

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Class Actions show big increases in spending and bigger increases in uncertainty. Plaintiff attorneys are becoming ever more aggressive while defendants are spending more to mount their defenses. Clients are getting pickier about who they want defending them—based more and more on their understanding of the hidden risks which are becoming a part of every large Class Action. Join us in congratulating the Powerhouses and Standouts: 

Powerhouses                                                                                Standouts

Jones Day Arnold & Porter
Littler Barnes & Thornburg
Mayer Brown Benesch
Morgan Lewis Carlton Fields
Dechert
Dentons
DLA Piper
Faegre Baker Daniels
Gibson Dunn
Hogan Lovells
Kirkland & Ellis
Latham & Watkins
McGuireWoods
Ogletree Deakins
O’Melveny
Reed Smith
Sheppard Mullin
Sidley
Winston & Strawn

Learn more about the firms clients singled out for Class Action prowess in the newly released BTI Litigation Outlook 2020.

30 Best of the Best Law Firms in Complex Commercial Litigation

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Complex Commercial Litigation is projected to be one of the fastest growing practices in 2020. Clients anticipate spending more in spite of an expected slowdown in matters—resulting in more spending per matter. Increased uncertainty in financial exposure, chances of pile-on litigation, disrupted supply chains, and growing public outcry over product liability are driving the trends. Join me in congratulating the firms clients see as Powerhouses and Standouts:

Powerhouses                                                                                Standouts

Covington Bryan Cave Leighton Paisner
Dentons    Carlton Fields
Gibson Dunn  Davis Polk
Jones Day          Dechert
Latham & Watkins    DLA Piper
Mayer Brown               Foley & Lardner
Morgan Lewis                                          Greenberg Traurig
Hogan Lovells
Holland & Knight
Jenner & Block
K&L Gates
Katten
Kirkland & Ellis
McGuireWoods
Norton Rose Fulbright
Reed Smith
Sheppard Mullin
Shook, Hardy & Bacon
Sidley
Squire Patton Boggs
Vinson & Elkins
Weil
WilmerHale                                                            

Learn more about the firms clients singled out for Complex Commercial Litigation prowess in the newly released BTI Litigation Outlook 2020.

15 Best of the Best Law Firms in Employment Litigation 

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Clients are enjoying a continuing stream of innovation on all fronts including work process, staffing, pricing, and technology. And each change is bringing lower pricing and more value. Despite this, clients expect to spend more as the exposure to potential damages becomes less certain and much bigger. The Powerhouses and Standouts include many of the most innovate firms:

Powerhouses                                                                                Standouts

Jackson Lewis                                                                               Drinker Biddle
Littler                                                                                              Epstein Becker Green
Ogletree Deakins                                                                         Fisher Phillips
Seyfarth Shaw                                                                              Holland & Hart
                                                                                                      Husch Blackwell
                                                                                                      Jones Walker
                                                                                                      Morgan Lewis
                                                                                                      Paul Hastings
                                                                                                     Porter Wright
                                                                                                      Sheppard Mullin
                                                                                                      Warner Norcross + Judd

Learn more about the firms clients singled out for Employment Litigation prowess in the newly released BTI Litigation Outlook 2020.

15 Best of the Best Law Firms in IP Litigation

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Clients expect bigger, more complex matters to dominate their case load in 2020. The bulk of the matters and spending are clustered at the larger companies. Join me in congratulating the Powerhouses and Standouts in IP Litigation:

Powerhouses                                                                              Standouts

Fish & Richardson Barnes & Thornburg
Morgan Lewis Cooley
Quinn Emanuel Urquhart & Sullivan Covington
DLA Piper
Finnegan
Kilpatrick Townsend
King & Spalding
Mayer Brown
Morrison & Foerster
Patterson Belknap
WilmerHale
Wilson Sonsini Goodrich & Rosati

Learn more about the firms clients singled out for IP Litigation prowess in the newly released BTI Litigation Outlook 2020.

16 Best of the Best Law Firms in Product Liability

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Spending is up, pricing is getting stronger, and the number of companies facing product liability is down. This translates into more spending per matter and a bigger risk of loss for clients. Product liability is one of the most competitive segments of litigation—meaning clients have their pick of the litter in law firms. Please congratulate the Powerhouses and Standouts:

Powerhouses                                                                               Standouts

Dentons                                           Arnold & Porter                                            
Shook, Hardy & Bacon                                                              Barnes & Thornburg
Dykema
Faegre Baker Daniels
Greenberg Traurig
Jones Day
Mayer Brown
Morgan Lewis
Norton Rose Fulbright
Orrick
Seyfarth Shaw
Tucker Ellis
Ulmer
Wheeler Trigg O’Donnell

Learn more about the firms clients singled out for Product Liability Litigation prowess in the newly released BTI Litigation Outlook 2020.

Clients Name the 33 Most Feared Firms in Litigation

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Humans are born with 2 fears: the fear of falling and the fear of loud noises. All other fears are learned. You can agree with this or not. But one thing is true. Top legal decision makers learned to fear a select group of law firms—and don’t want to see them on the other side of the table.

Specifically, GCs point to 33 firms they don’t want to encounter. The top reasons:

Killer Instinct

With equal parts tenacity, sheer will, smarts, and intuition—combined with confidence, savvy, conviction, and the nerve to go for the jugular—these cutting-edge law firms bring the killer instinct clients want right now.

Thrive on Complexity

Uncertainty is at an all-time high. Clients face a surge in complex litigation as matters get bigger and focus on untested and thorny issues. Some firms offer options. The most feared firms offer clear direction—with conviction—and dive into the fray. They win—and simplify life for clients.  

The Bench Is as Good as the Starters

Clients want strong, smart, and scalable teams. Clients know any seemingly benign matter can get out of hand—quickly. The most feared firms uniformly bring in high-level, top performers who can swiftly scale and operate as a team.

Read the Tea Leaves

The BTI Fearsome Foursome spot trends and patterns with less information than most. They rely on their experience, their peers, and their keen ability to integrate seemingly disparate facts and events.

There is more to being Fearsome—but this year, these 4 reasons above prevail.

Of the 33 law firms feared in litigation, 4 stand out as the absolute most feared:

The BTI Fearsome Foursome

Kirkland & Ellis
Latham & Watkins
Quinn Emanuel Urquhart & Sullivan
Skadden

Quinn Emanuel is ranked first among The BTI Fearsome Foursome 2020. We note Kirkland and Quinn are the only firms included in the BTI Fearsome Foursome all 10 years BTI has published the report.

10 firms are right behind the Fearsome Foursome—ready to take them on. Please join me in congratulating:

The BTI Awesome Opponents

Boies Schiller Flexner                                                  Morgan Lewis
Fish & Richardson                                                        Morrison & Foerster
Gibson Dunn                                                                Wachtell, Lipton, Rosen & Katz
Jones Day                                                                    Wheeler Trigg O’Donnell
McKool Smith                                                               Williams & Connolly

19 firms are part of the Fearsome Foursome Honor Roll:

Bartlit Beck                                                Ice Miller
Choate, Hall & Stewart                                                Manko, Gold, Katcher & Fox
Covington                                                     Much
Cravath, Swaine & Moore                                           Norton Rose Fulbright
Crowell & Moring                                                        Reed Smith                                             
Davis Polk                                                     Robbins Geller Rudman & Dowd
Dechert                                                             Susman Godfrey
Dentons                                                              Weil
Duane Morris                                                             WilmerHale                                                 
Hogan Lovells

Being Fearsome is a big differentiator—especially in the face of record uncertainty. The more Fearsome your firm, the more you stand out to clients and to the other side. The Fearsome firms have nothing to fear.

Learn more about how your firm can take advantage of new client expectations and spending changes for 2020—and what your firm can do to put these trends to work for your immediate benefit:

  • Changes in client expectations causing them to consider fewer law firms than last year

  • When and where spending is going up in 17 industries—and where it’s headed down

  • New hiring requirements

  • 7 tactics to land new business in 7 areas of litigation

  • And so much more…

in the new BTI Litigation Outlook 2020: Changes, Trends and Opportunities for Law Firms. Available now.

MBR

66 Law Firms Leading Litigation as Market Surges

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You are looking at the highest levels of corporate legal spending in a decade. High-stakes work is growing like a weed. Clients are expecting an influx of new matters and plan to spend more on existing matters. Clients are cutting their internal budgets to fund new outside counsel needs, Why? Increasing workloads and more complex needs clients don’t want to handle and don’t have the resources to handle in-house.

Here is what to expect in the 2019 litigation landscape along with 66 law firms best positioned for these new opportunities. The Powerhouse and Standout law firms in the links below are the ones corporate counsel tell us they are turning to for their most pressing litigation needs in 2019.

The IP Litigation Outlook: The Powerhouse and Standout Law Firms

Why GCs are Hiring: Fewer, but bigger and more complex matters.

The Class Actions Outlook: The Powerhouse and Standout Law Firms

Why GCs are Hiring: Increasing risk and exposure and ever more innovative plaintiffs.

The Complex Employment Litigation Outlook: The Powerhouse and Standout Law Firms

Why GCs are Hiring: Changes in regulations around wages; increased concern about wage and hour issues; a growth in investigations, spurred by sexual harassment and workplace culture.

The Product Liability Litigation Outlook: The Powerhouse and Standout Law Firms

Why GCs are Hiring: Increased caseloads, more complex matters as a result of increasingly complex products and data these products gather and rely on.

Clients are reevaluating who and what types of firms they want to use as the nature of Product Liability claims undergoes a fundamental change.

The Complex Commercial Litigation Outlook: The Powerhouse and Standout Law Firms

Why GCs are Hiring: Increases in 5 industries is enough to drive growth and increased spending on outside counsel.

Learn more about how your firm can take advantage of new spending and matters in 2019—and what your firm can do to adapt, in the new, just released BTI Litigation Outlook 2019: Changes, Trends and Opportunities for Law Firms.