USA – ILLINOIS Trends and Developments Contributed by: Steven P Blonder, Much Shelist
Where Do Things Go From Here? Litigation will always exist. Business disputes exist and plaintiffs’ lawyers will continue to explore new causes of action as businesses take steps to minimise risks based on existing types of claims. As long as insurance companies do not adopt a business model of paying out on every asserted claim, insurance litigation will continually be on the court dockets. Recent litigation trends are not likely to disap- pear in the coming year. Companies need to assess these trends from a strategic perspec- tive and consider how business operations may be affected. There are certainly steps that can be taken to minimise risk. But litigation risk cannot be avoided completely.
tronically stored information means that there is so much more data to be collected and combed through. Companies are required to store their data or may face claims that they have spoli- ated information, which can often have drastic consequences. And there is often a significant imbalance in information, meaning costs related to e-discovery are disproportionately borne by one party to a dispute. The end result of this mountain of information is that the timeframe for a typical piece of liti- gation gets extended and the associated costs continue to rise.
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