Insights

Artificial intelligence (AI) has been finding its way into business for some time, but that trend was dramatically accelerated with the arrival of generative AI (Gen AI), which can create new content on its own. The release of a relatively easy-to-use version of Gen AI in late 2022 was followed by the rapid adoption of the technology—and not long after, by the arrival of class action lawsuits centered on AI.

Class action litigation remained strong in 2024, on pace to match the past two years. Last year expanded the trend of class action litigation driven by technology, regulatory changes, and consumer expectations. Class action litigation based on privacy and data security breaches increased last year—including recent high-profile cases and significant settlements. Similarly, consumer rights and product liability cases have continued to increase and to drive large settlements due to consumer awareness of their rights and amendments to consumer protection laws. These developments and increasing trends in class action litigation provide numerous opportunities for litigation in many sectors.

After a surge in privacy class action lawsuits in 2024, San Francisco-based Crowell & Moring partner Kristin Madigan says she expects to see more of the same in the year ahead, as plaintiffs’ lawyers continue testing out new legal theories to bring claims against any company that collects, uses, or sells customer data.