Global Class Action Summit: Key takeaways for in-house counsel

Collective litigation is no longer simply a legal problem – it is a global business risk. Litigation funding, cross-border coordination among claimant firms, and the emergence of artificial intelligence (AI)-driven claim identification play an increasing role for multinational businesses.

At DLA Piper’s Global Class Action Summit, global litigators discussed the changing litigation landscape, offering five key takeaways for in-house counsel.

1. Class actions are a global phenomenon, not a local legal problem

Claimant law firms, litigation funders, and activist organizations have adopted a global perspective. The capital used to fund these claims has flowed across borders, with funders sometimes using litigation in one jurisdiction to escalate class actions in another. Legal theories successfully deployed in the United States, England, Australia, Canada, and the Netherlands have been replicated in new markets. The same underlying corporate conduct (e.g., advertising practices and data handling) has been used simultaneously in claims across multiple jurisdictions. In-house teams are encouraged to take a global approach when assessing potential litigation and regulatory risks.

2. Litigation funding is industrializing collective claims

Third-party litigation funding has transformed the economics of disputes. Many funders now operate across multiple jurisdictions and invest in portfolios of claims rather than individual matters. Cross-border coordination among claimant firms and funders has increased in both frequency and sophistication. In the next several years, there may be an increase in funding across the market. Corporations should monitor funder activity and map funding relationships as part of their litigation risk management. They are also encouraged to consider litigation funding as part of their case defense and settlement strategies.

3. AI is creating new categories of exposure before legal frameworks can catch up

AI has generated new risk categories for businesses, especially as the technology outpaces regulatory action. In particular, plaintiffs' firms are leveraging AI to identify class action opportunities and file hundreds of claim forms across jurisdictions, achieving mass litigation at very little cost. This development carries significant implications for the legal landscape, as it is positioned to accelerate the volume and speed of claims. Businesses that use or deploy AI should anticipate novel claims theories and are encouraged to ensure that their governance frameworks are robust. For more information on AI governance and emerging legal and regulatory standards, please visit DLA Piper’s focus page on AI.

4. Sustainability and product liability claims are reshaping corporate conduct

Environmental sustainability and product liability claims are increasingly being used to challenge commercial decisions. Businesses face a growing dilemma: they are committed to sustainability but recognize that sustainability communications may increase litigation risk. Further, companies face differing compliance and disclosure requirements across different jurisdictions, and product liability risks continue to take on a multi-jurisdictional dimension; where products are global, so is potential exposure. Regulatory enforcement and private litigation remain entwined, meaning government action in one market could potentially lead to private claims in another.

5. In-house counsel should adopt a strategic, cross-border defense posture

Key strategic questions often extend beyond the jurisdiction in which a class action claim is filed. Companies may consider:

• Who is driving the claim
• Who is funding the claim
• How the central issue is developing across jurisdictions
• Broader business and economic impacts

Class actions today are economic mechanisms that can influence corporate behavior, whether by seeking damages, compelling changes to business practices, or advancing activist causes. In-house legal teams are encouraged to identify patterns early, connect developments across markets, and make strategic decisions as issues continue to develop. In particular, financial institutions could face exposure where geopolitical instability, such as sanctions, tariffs, and frozen payments, intersect with collective litigation risk.

Looking ahead

DLA Piper will continue to monitor key considerations within the class action space, including claimant innovation, third-party funding, cross-border coordination, and the impact of AI adoption.

DLA Piper’s integrated global Class Actions team focuses on the economic and operational issues underlying claims, with the aim of helping clients develop informed, coordinated defense strategies across jurisdictions.

For more information, please contact your DLA Piper relationship partner or DLA Piper’s Class Actions team.