Harbinger of lower litigation costs: an upsurge of circumstances that favor defendants

Panelists at the Fifth General Counsel Roundtable, Dec. 6, 2007, summarized in a publication by the Economist Intelligence Unit at 13, think that some litigation is on the decline. “The pendulum has indeed shifted in favor of defendants,” and for several reasons.

One is that stock market gains have been strong for the past several years, and the plaintiffs’ bar has been weakened due to the legal troubles of its two most prominent lawyers. The greatest change, however, has been a series of decisions by the U.S. Supreme Court that translate into procedural or substantive advantages for corporate defendants.

Wouldn’t it be nice if general counsel get some relief from litigation cost pressures, even if the lightening of the load comes from external changes (See my post of May 21, 2007: exogenous forces that influence law department management.)?

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