Corporate Class Action Spending Projected to Hit $4.8 Billion as Nearly All Large Companies Face Regular Claims
Corporate legal spending on class action defense is projected to reach $4.8 billion in 2026, marking the 11th consecutive record year and a 5.9% increase over 2025 levels, according to the 2026 Carlton Fields Class Action Survey.
The report, based on interviews with general counsel and senior legal officers at more than 300 Fortune 1000 and other large companies, found that 91.7% of surveyed organizations now face class actions on a regular basis up from roughly half when the survey launched 15 years ago.
Class action defense currently accounts for 11.8% of corporate litigation budgets, and a record 74.7% of companies are actively managing at least one class action matter, the survey found. Companies anticipate facing an average of two new class actions apiece in 2026, driven by what respondents described as a “highly creative plaintiffs’ bar,” a hostile litigation environment, and a reduction in settlements.
Labor, Consumer Fraud and Privacy Claims Dominate Portfolios
Labor and employment matters remain the largest class action category, representing 29.6% of companies’ class action matters, up only slightly from 29.5% a year ago. Next highest were lawsuits alleging consumer fraud at 22.4%, down from 22.6%. Data privacy and cybersecurity claims have emerged as a fast-growing category, accounting for 11% of matters in 2025, up from 2.8%, according to the report.
Corporate counsel identified consumer fraud as the class action category posing the greatest risk to their organizations — with 34.1% of respondents citing it — surpassing securities fraud risk (18.2%) and labor and employment claims (15.9%). The perception of securities fraud risk perceptions declined sharply from 30.3% a year ago, as stock market volatility eased and many potential targets had already been pursued, the survey noted.
Looking ahead, companies expect labor and employment, data privacy and consumer fraud to drive the next wave of class action filings, Carlton Fields said.
Expectations of privacy and cybersecurity expectations doubled from the prior year, with in-house attorneys reporting that plaintiffs are bringing more class actions per data breach incident. Roughly 81% of corporate counsel also expect class actions stemming from the use of generative AI, up from nearly 66% a year earlier, though only 5.7% have faced an actual AI-related class action to date.
Insurance Coverage Eroding as Defense Costs Climb
The share of companies with a portion of class action defense costs covered by insurance fell to 37.1% from 37.5% a year ago, and those with coverage saw only 17.2% of their costs reimbursed, down sharply from 48.2% the prior year. The report recommended that companies consult their insurance brokers to understand current coverage options given the variety of class action exposures they face.
Mandatory arbitration provisions and class action waivers — once common tools for managing exposure — are losing favor. About 57% of companies reported not using mandatory arbitration provisions at all, up from 35.5% in 2024. Use of class action waivers dropped to 31.4% of companies, from nearly half (48.4%) in 2024.
Aggressive Early Assessment and Trusted Counsel Key to Cost Control
The survey identified several best practices for managing class action risk and cost. Using trusted outside counsel was rated the single most effective cost-control tool, cited unanimously as effective by respondents. Alternative fee arrangements — particularly phased fixed fees and capped fees — tied as the most successful fee structures. Forty percent of companies now use some form of alternative fee arrangement, the report said.
An aggressive early case assessment approach topped the list of management strategies, with corporate counsel emphasizing the importance of evaluating exposure quickly and building defense strategies at the outset.
“You need to spend the time and energy at the outset of these cases,” one associate general counsel at an international transportation company said in the report. “The days of letting them drag on are over.”
Nearly a third of corporate counsel (31.4%) encountered plaintiffs backed by third-party litigation funding, which respondents said contributed to longer litigation timelines and greater reluctance by plaintiffs to settle early. Settlements overall remain at historically low levels, though they rebounded slightly from the prior year, the survey found.
Monitoring industry trends is gaining traction as a preventive strategy, with 47.1% of companies now using it to identify emerging class action risks — up from about 37% the year before, the report said.
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