USA – ILLINOIS Trends and Developments Contributed by: Steven P. Blonder, Much Shelist
Reasons Behind the Continued Rise in US Commercial Litigation In today’s USA, the news is dominated by lawsuits relating to the actions undertaken by the US govern- ment. But lurking beneath the surface are trends that continue to see companies of all sizes finding them- selves in disputes that are being played out either in a court of law or with an arbitral body. Particularly as the global economy continues to perform sub-optimally, many businesses find themselves experiencing finan- cial challenges, supply stream interruptions, or even customers that do not want to pay what they are obli- gated to pay. The increase in claims is also − at least in part − being driven by the availability of litigation funding, which is itself facing increasing scrutiny. All trends evidence that the number of lawsuits or arbitrations being filed continues to increase. Those trends further reflect that litigation is expensive, with electronic discovery contributing mightily to the high costs. AI use dominates current discussions regarding litigation Any discussion of current issues in litigation starts and ends with AI, which has become embedded in legal practice and in the operational side of many busi- nesses. Long gone are the days of young lawyers sitting in an isolated warehouse located in the mid- dle of nowhere reviewing documents or researching and drafting legal pleadings without some use of AI. Courts are struggling with how to treat AI-produced filings and what indicia of reliability are necessary to authenticate AI-generated evidence. Presently, no established guardrails exist, and courts and lawyers continue in their struggle to adapt to a rapidly chang- ing world. The issues of AI go beyond questions of authenticity and reliability. In an evidentiary realm, AI-generated materials lack a human author and often provide no details regarding provenance, which necessarily rais- es issues of admissibility and authenticity. Addition- ally, as parties seek information regarding AI-related materials in discovery, this raises issues that may expose proprietary information regarding processes − not to mention intruding on information protected through vendor and other non-disclosure agreements.
And examples continue to be made by judges of law- yers using AI for review and drafting, when the AI- produced materials lead to filings containing fictional or otherwise unreliable citations and sources. During the coming months, courts and legislative bod- ies are expected to develop and adopt explicit stand- ards for AI evidence and the use of AI throughout the litigation process. Data shows continuation of class action claims in the USA The first half of 2025 has seen a continuation in trends in the class action landscape from the previous year. Securities class action filings have remained steady in comparison to the second half of 2024, with 108 new federal securities class actions filed in the first half of 2025. During the first six months of 2025, class actions tar- geted three primary sectors – namely, technology, influencer marketing (which is new), and consumer protection claims related to false advertising and dis- putes over fees charged. On the settlement front, the total amount of money from class action settlements in 2025 is more than USD21 billion, including a nearly USD400 million antitrust settlement related to poultry processing as well as a USD100 million settlement by Verizon. Throughout the past few years, class actions involv- ing Americans with Disabilities Act (ADA) compliance and data breaches have ranked among the fastest- growing areas of litigation. This exponential growth has not taken a breather in 2025. The ADA has been on the books for more than 30 years, leading to pro- found changes in access to public and private spaces, as well as targeting discrimination based on disability. The growth of technology has transformed ADA enforcement by taking it into the digital world, as ADA class action suits today often revolve around virtual spaces. Maintaining an ADA-compliant website may prove more challenging than building a ramp or pro- viding seating for those with disabilities. Many com- panies have begun using generative AI to maintain the accessibility of their websites, which may have led to the continuing increase in ADA claims related to web-
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