2025 Commercial Litigation Outlook

The fifth edition of Seyfarth’s commercial litigation outlook examines how expanded executive power in Washington and increased state-level regulatory decision-making are reshaping the litigation landscape. Authored by more than 30 Seyfarth litigators across 13 US offices, this comprehensive analysis covers multiple sectors and identifies key trends businesses should anticipate in 2025.

Key insights include:

• Generative AI continues to transform litigation processes while the Trump Administration has removed Biden-era guardrails and embraced AI as central to the US economy and national security.
• Business bankruptcies increased 40% in 2024 and are projected to rise further due to record consumer debt, lingering inflation, labor shortages and high interest rates.
• Antitrust enforcement is expected to maintain its course despite new leadership at the DOJ and FTC, with bipartisan consensus on reining in Big Tech.
• Federal ESG litigation has declined as SEC greenhouse emissions rules stall, shifting environmental claims to state courts where allegations of corporate greenwashing continue.
• State-level cybersecurity and data protection statutes are proliferating amid congressional inaction, while federal data-breach filings and ransomware complaints have soared since 2021.