Litigation risk is rarely static. As regulatory priorities evolve, technology advances, and business models adapt, the types of disputes organizations face tend to shift alongside them. In 2026, several emerging trends are shaping how and where litigation risk may arise, particularly for businesses operating in regulated or data-driven environments.
For business leaders, understanding these developments is not about anticipating disputes, but about recognizing where heightened scrutiny, enforcement activity, or novel claims have the potential to surface. A measured, forward-looking approach can help organizations address risk early and make informed decisions as the landscape continues to evolve.
Here are a few key risks that Warner PLLC foresees to be significant in 2026:
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Data Privacy and Regulatory Enforcement Remain a Key Focus
Data privacy continues to be a central area of litigation and enforcement. As regulatory frameworks expand and enforcement becomes more coordinated, businesses are facing increased scrutiny over how personal and proprietary data is collected, stored, and used.
Areas drawing attention include:
- Compliance with evolving state, federal, and international privacy laws
- Data security practices and breach response protocols
- Transparency around data collection and consent
- Vendor and third-party data management
Litigation following data incidents also often extends beyond regulatory penalties, with private claims increasingly focused on alleged failures in governance, oversight, or disclosure. For businesses, maintaining up-to-date privacy policies, documentation, and internal controls remains essential to risk management this year.
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Artificial Intelligence and Technology-Driven Claims
As artificial intelligence tools become more integrated into business operations, new litigation theories are beginning to emerge. While AI offers efficiency and scalability, its use can also introduce legal exposure if not carefully managed.
Potential areas of dispute include:
- Allegations of bias or discrimination tied to automated decision-making
- Challenges related to transparency and explainability of AI systems
- Intellectual property disputes involving AI-generated content
- Data use and ownership questions tied to training models
Regulatory guidance and case law in this area continue to develop. Businesses adopting AI technologies should consider not only operational benefits, but also governance structures, documentation practices, and internal review processes that help demonstrate responsible use.
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Continued Growth in Class-Action Litigation
Class-action lawsuits remain a significant source of exposure across multiple industries. In recent years, plaintiffs have increasingly pursued class claims related to employment practices, consumer protection, data privacy, and compliance failures.
Common drivers of class-action risk include:
- Wage and hour compliance issues
- Data privacy and security incidents
- Marketing and disclosure practices
- Contractual uniformity across large user or employee groups
Even when claims lack merit, the cost and complexity of defending class actions can be significant. Businesses that regularly review policies, training, and documentation may be better positioned to address issues before they escalate into disputes.
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Employment-Related Litigation
Workforce-related disputes remain a consistent feature of the litigation landscape. As employment models continue to evolve, businesses are seeing increased focus on classification, workplace policies, and compliance with shifting regulatory standards.
Areas in need of ongoing attention include:
- Worker classification and independent contractor relationships
- Pay equity and wage compliance
- Workplace conduct and internal reporting mechanisms
- Policy enforcement and documentation
Employment litigation often intersects with broader business risk, particularly when internal practices are inconsistent or poorly documented. Regular policy reviews and clear communication can play an important role in reducing overall exposure.
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Governance, Oversight, and Board-Level Scrutiny
Another emerging theme is increased scrutiny of governance and oversight decisions. Litigation tied to alleged failures in oversight, disclosure, or internal controls is becoming more common, particularly where regulatory compliance or technology is involved.
Claims in this area might focus on:
- Board and executive decision-making processes
- Risk disclosure and reporting obligations
- Compliance oversight and internal controls
- Response to regulatory or operational issues
For leadership teams and boards, maintaining clear records of decision-making and risk assessment can be critical in demonstrating sound judgment if disputes do arise.
Preparing for Litigation Risk in 2026
While no organization can eliminate litigation risk entirely, awareness of emerging trends allows businesses to take a proactive approach. Monitoring regulatory developments, reviewing internal policies and practices, and addressing potential vulnerabilities early can help reduce disruption and uncertainty.
Businesses that view litigation risk as part of broader operational planning are better positioned to respond effectively when challenges arise.
Guidance for Businesses Navigating a Changing Litigation Landscape
The litigation environment in 2026 reflects a convergence of regulatory change, technological advancement, and evolving expectations around governance and compliance. As new risks emerge, businesses benefit from informed, strategic legal guidance that aligns with their operational realities.
Warner PLLC advises businesses, executives, and boards on litigation risk, dispute management, and preventative legal strategies across a wide range of industries. With experience in litigation, claims, disputes, government contracts, grants, labor, and employment law, our attorneys provide practical guidance tailored to each client’s circumstances.
For organizations seeking thoughtful legal insight as the litigation landscape continues to evolve, Warner PLLC is well positioned to help navigate the path forward.
