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Crowell & Moring Releases 2019 Litigation Forecast: What Corporate Counsel Need to Know for the Coming Year

The New Litigation War Room Leverages Technology to Help Litigators Develop Case Strategy

Washington – January 9, 2019:  Crowell & Moring LLP is pleased to announce the publication of its seventh-annual “Litigation Forecast 2019: What Corporate Counsel Need to Know for the Coming Year.” The Forecast takes a deep dive into how technology is increasingly having a profound impact on the practice of law, and in particular on litigation case strategy. The Forecast also explores trends in #MeToo litigation, data privacy, consumer protection, and more, and it provides forward looking insights to help legal departments anticipate and respond to challenges that might arise in the year ahead.

The cover story, “Welcome to Your New War Room: How Technology Is Finding Its Way into Litigation Case Strategy,” explores how companies and law firms are leveraging technology to improve their legal operations and litigation strategy. The article features interviews with in-house counsel at Cisco, Humana, United Airlines, and Lex Machina and discusses how technology is streamlining the collection and analysis of information to aid “data-driven” decision making along the continuum of litigation. From analytics, e-discovery, jury selection, and the promise of virtual reality mock trial experiences, litigation strategies now leverage bytes not books, and technology is transforming litigation strategy to better arm litigators to win the toughest, most complex courtroom battles.

“The digital revolution fundamentally changed how businesses operate, and that sea change has expanded to their legal departments and outside law firms. Lawyers in every setting are witnessing a generational shift in the delivery of legal services—led by technology. It’s not that technology will replace lawyers; it’s that technology—AI, automation, TAR, data analytics, and more—will enhance legal strategies and better position them to win, said Philip T. Inglima, Crowell & Moring chair.

Crowell & Moring’s 2019 Litigation Forecast provides concise, forward-looking perspectives on technological developments that can help corporate counsel identify the many opportunities and challenges ahead as they harness the power of technology. The Forecast further explores the developing legal, regulatory, and technology developments affecting a wide range of companies in twelve areas of law: antitrust, corporate, cybersecurity, e-discovery, environmental, government contracts, health care, intellectual property, international trade, labor and employment, torts, and white collar.

One of those stories takes a look at the so-called “Fourth Industrial Revolution” and how a connected, data-driven world impacts the way antitrust regulators tackle the new competitive dynamics that technology creates. Another article explores the growing trend of a number of states passing #StatesToo legislation that is inspired by #MeToo laws covering employers. There is also a compelling discussion on how state attorneys general have assumed a substantial enforcement role, particularly when it comes to consumer protection. Finally, an infographic features a jurisdictional analysis of how litigation is shaping up nationwide and confirms last year’s prediction that new patent litigation filings would shift from Texas to Delaware in the wake of T.C. Heartland.

All of the articles from the Forecast are available at Follow the conversation on social media with #LitigationForecast, and look for our 2019 Regulatory Forecast coming soon.

About Crowell & Moring’s Litigation Group

Crowell & Moring’s Litigation Group is known for handling high-stakes, bet-the-company litigation. The group’s litigators handle numerous types of disputes, including fraud, breach of contract, business tort, class action, and financial services litigation. With a powerful group of trial lawyers located across the United States and Europe, we handle litigation across a variety of industries, including health care, technology, hotels and hospitality, financial services, transportation (auto, railroad, and airlines), telecommunications, and chemical manufacturing, among others.

About Crowell & Moring LLP

Crowell & Moring LLP is an international law firm with approximately 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, D.C., New York, Los Angeles, San Francisco, Orange County, London, and Brussels. Visit the firm at


Christine Elfmann
Senior Communications Manager