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2026 Annual Litigation Trends Survey: A midyear industry pulse

Nortonrosefulbright • June 9, 2026

Litigation exposure is increasing faster than anticipated in 2026, particularly in cybersecurity and data privacy , with artificial intelligence ( AI ) and employment disputes also emerging as leading areas of increased exposure across industries. At the same time, policy shifts and diverging federal and state enforcement priorities are increasing compliance complexity for organizations operating across jurisdictions.

To help corporate counsel navigate this unpredictable environment in real time, Norton Rose Fulbright’s 2026 Annual Litigation Trends Survey: A midyear industry pulse draws on insights from 135 US-based corporate counsel across energy, financial institutions, healthcare and technology. It provides a topline view of how litigation risk is evolving and assesses the impact of those shifts in each sector.

The midyear findings highlight several shifts in how litigation risk is evolving:

Download the 2026 Annual Litigation Trends Survey: A midyear industry pulse report for industry-specific analysis.

Employment litigation is top of mind for energy respondents, with 57% identifying workforce changes as a likely class action trigger in 2026.

Financial institution respondents report the lowest increase in dispute exposure across industries, but risks remain concentrated in cybersecurity and consumer protection.

Healthcare respondents report the highest of increased litigation exposure at both the federal and state levels.

Technology respondents report the highest levels of increased cybersecurity and data privacy exposure across industries.

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Rising Litigation Risks in Cybersecurity and Data Privacy for 2026 In 2026, litigation exposure is escalating rapidly, especially in cybersecurity and data privacy sectors. The increase is attributed to policy shifts and varying enforcement priorities at federal and state levels, complicating compliance for organizations. The Norton Rose Fulbright's midyear survey reveals insights from 135 corporate counsel across various industries. Notably, 57% of energy sector respondents cite workforce changes as potential class action triggers. Financial institutions report the lowest increase in litigation risk, while healthcare faces the highest exposure at both federal and state levels. Technology firms are experiencing the most significant rise in cybersecurity and data privacy litigation. The survey indicates that organizations must adapt to these evolving risks to mitigate potential legal challenges. 5 sources 37

Extracted Entities

Industries (4)

Energy Financial Institutions Healthcare Technology