Electronic Data Discovery at ACC
Thursday, October 23rd, 2008
I was in Seattle this week for the annual Association of Corporate Counsel conference. And, from all external perspectives it seems like the dour economic climate hasn’t dampened the spirits of the legal and litigation support communities. There were lavish parties, including an extravaganza thrown by Womble, Carlysle at the Space Needle, along with no shortage of the usual tchochkies, giveaways and over-the-top promotions - even though the general consensus from exhibitors was that actual attendance was down from last year.
Maybe the legal community is in denial. Or perhaps, the sentiment instead is that tough economic times will result in more litigation and governmental regulation. While this is certainly the optimistic viewpoint, the recent Fulbright & Jaworski Litigation Trends Survey at least provides some foundation for this rosy notion.
In Fulbright & Jaworski’s fifth annual survey, corporate counsel stated that they anticipate a litigation spike next year in both lawsuits and regulatory proceedings. Among U.S. respondents to the most recent survey, 34 percent expect an increase in lawsuits involving their company and 25 percent anticipate more regulatory proceedings.
Speaking on behalf of the glass half full contingent, Stephen C. Dillard, who chairs Fullbright’s global litigation practice, believes that the survey results illustrate the shift from a long period of prosperity to the start of “a period of serious economic challenge that is likely to fuel litigation over who is to blame and who should pay for the consequences.”
Whether this prediction comes to pass remains to be seen, but at least the participants at the ACC conference seem to drinking the same Kool-Aid. Whether that sugary drink is actually good for you or not, will be the question.
Let me know what you think. Do you think the financial crisis will force litigation to increase, decrease, or stay the same and why?
