Federal and state-level pressures converge as policy shifts compound compliance risk across energy, financial institutions, healthcare and technology
United States | Press release – Firm | June 2026
Norton Rose Fulbright’s 2026 Annual Litigation Trends Survey: A midyear industry pulse shows exposure to cybersecurity and data privacy disputes has deepened across the energy, financial institutions, healthcare and technology sectors since the start of the year – far outpacing earlier expectations. Corporate counsel in those sectors also report increased litigation risk around artificial intelligence (AI) and employment issues but note improvements in litigation readiness.
This new poll of 135 general counsel and in-house litigation leaders found cybersecurity and data privacy is the top area of heightened dispute exposure across all four industries, with 56 percent reporting increased risk at the federal level and 53 percent at the state level. By contrast, in late 2025, just 29 percent of respondents from those sectors expected to face greater cybersecurity and data privacy exposure in 2026. Respondents also cite increased litigation concern around AI, with 46 percent reporting more federal dispute exposure and 42 percent reporting state-level increases.
Employment and labor risk remains a major issue, with 39 percent of all respondents citing increased federal dispute exposure and 44 percent reporting more at the state level. This reflects increased compliance complexity as California, New York and other states pass new employment-related requirements.
Cybersecurity and workforce issues also dominate class action concerns. More than half (51 percent) of all respondents cite data or cybersecurity breaches as a likely trigger of such litigation, while 47 percent cite workforce changes such as layoffs. AI tools appear to be an emerging class action catalyst, with 41 percent of all respondents identifying product launches or AI-related deployments as a likely trigger.
“What stands out is how quickly the litigation environment is evolving, especially around cybersecurity incidents, consumer claims and AI-related disputes,” said Steven Jansma, Norton Rose Fulbright’s US Head of Litigation and Disputes. “We are seeing new approaches and a level of activity that is accelerating across industries. Even where federal enforcement has softened, states are often stepping in and pushing litigation forward.”
Highlights of industry-specific litigation concerns and exposure include:
In-house legal teams report meaningful progress on litigation readiness since late 2025:
Practice areas:
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Norton Rose Fulbright © 2026. All Rights Reserved.
Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. Attorney Advertising.
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP and Norton Rose Fulbright Canada LLP are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients.
