In-house Counsel, Law Firms Seeing a Rise in Litigation

October 17, 2010 – In The News
The Philadelphia Inquirer

A large-scale survey of corporate legal departments in the United States and United Kingdom, conducted by Greenwood Associates, a business-related firm based in Houston, found that litigation is increasing and will continue to do so at least through next year as firms battle for economic advantage. Mark Silow said, “Litigation has been very strong throughout, and it never really dipped like the transactional [deal-making] practice. In fact, it has enabled us to reallocate staff from our transactional practice to litigation.”

According to Silow, many of the legal disputes now handled by Fox Rothschild emerged from the financial crisis and include defense of lawsuits against officers and directors and litigation related to bankruptcies. There has been a decrease in discretionary litigation in business disputes, where the outcome is not pertinent to the health of the company. “The cost of litigation being what it is, people are more likely to resolve those differences [outside court] rather than litigate them,” said Silow.

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