The explosion of digital data has fundamentally reshaped the business landscape. This surge, coupled with an increasingly complex web of regulations and the shift to remote work models, has created a breeding ground for legal disputes within the private sector. 

This is according to our recent 2024 Cellebrite Industry Trends Survey for Enterprise Solutions, which surveyed professionals across various regions and their roles within the private sector. The survey revealed a concerning trend: litigation/arbitration was the most common case type, with an 11% year-over-year growth in respondents noting an increase in these types of cases. 

What’s driving this rise in litigation? The report suggests several potential factors, but one area stands out: cybersecurity and data protection. The Cellebrite report is echoed by the Norton Rose Fulbright 2024 Annual Litigation Trends Survey, which found 40% of organizations saw their cybersecurity dispute exposure grow in 2023. This comes as the report cites cyberattacks reaching record levels along with the growing complexity of patchwork data protection regulation. 

The Intersection of AI and Litigation

The same litigation study finds that Artificial Intelligence (AI) presents a double-edged sword for organizations. While AI offers tremendous benefits, it also poses new legal risks. Roughly half of respondents in the aforementioned study said that the growing use of AI technology will increase their exposure to both cybersecurity threats and intellectual property (IP) vulnerabilities. 

Specific Litigation Concerns

In addition to this, The Year Ahead Global Disputes Forecast 2024 by Baker McKenzie paints a picture of a legal landscape with several areas of heightened concern: 

  • Class Action Lawsuits: Around three-quarters (74%) of organizations report class actions as a concern in 2024. Findings show a proliferation of class actions involving antitrust, securities and bank and financial fraud. In the wake of the 2023 banking crisis, the share of organizations involved in bank or financial fraud class actions more than doubled. 
  • Environmental, Social and Governance (ESG) Issues: As regulations around climate and ESG disclosures take shape, organizations are finding themselves caught in the middle. A startling one in ten survey participants from the Litigation Trends Survey reported facing ESG-related litigation within the past year, a number expected to rise in 2024. 

These findings paint a picture of a legal landscape undergoing a significant shift. Here are some key takeaways for litigation and legal professionals: 

  • Expanding Skillset: The survey reinforces the need for a diverse skillset for successful investigations. Legal professionals must possess a blend of technical expertise for data collection and analysis, legal knowledge for navigating complex regulations and compliance requirements and an in-depth understanding of organizational policies. 
  • Focus on eDiscovery: With the increased volume of digital information, eDiscovery is becoming increasingly crucial. Cellebrite’s survey found that eDiscovery was pinpointed as the most critical use case, highlighting its importance for legal professionals across different regions and roles. Furthermore, the importance of eDiscovery is only expected to grow, with a 48% year-over-year increase in the number of respondents who view eDiscovery as very important. 
  • Remote Data Collection Challenges: The dispersed nature of the workforce creates new challenges for collecting data for legal proceedings. Legal teams need to be familiar with tools and strategies for secure and efficient remote data collection, while ensuring chain of custody and employee privacy. 

Preparing for the Future

By understanding these trends and challenges, legal professionals can better prepare for the evolving legal landscape. Here are some actionable steps you can take: 

  • Invest in eDiscovery training: Equipping your team with the necessary skills to navigate the complexities of eDiscovery is crucial for efficient and defensible investigations. 
  • Explore remote data collection solutions: Research tools and strategies for secure and efficient remote data collection to ensure you have access to all relevant evidence regardless of location. 
  • Collaborate with IT and Security Teams: Building strong relationships with IT and security teams is essential for refined data collection and compliance with internal policies. 

Partnering for Success:

Cellebrite Enterprise Solutions offers a comprehensive suite of digital forensics tools and training designed to address the evolving needs of legal professionals. Our solutions empower legal teams to: 

  • Streamline the eDiscovery process with a unified platform for data collection, analysis and review. 
  • Facilitate secure and efficient remote data collection from mobile devices, computers and cloud storage. 
  • Ensure data integrity and legal defensibility throughout the investigative process. 

By understanding the trends and challenges shaping the legal landscape, legal professionals can better prepare their organizations to face the future. 

Don’t wait until you’re facing a legal challenge. Download the full 2024 Cellebrite Industry Trends Survey for a deeper dive into the trends and challenges shaping the future of litigation in the private sector.

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