Affirmative Business Litigation in the United States and in Other Countries

For a long time, businesses have thought of litigation as a burden, requiring many hours of employee time responding to discovery requests, as well as often incurring significant legal fees and other related costs. Consequently, businesses, historically, have not welcomed lawsuits. However, that corporate business perspective has been changing in the United States and abroad, as businesses are recognizing lawsuits as an opportunity to convert business losses into profits.

In the United States, businesses are becoming increasingly active in taking affirmative steps to recover damages when they have potential claims against other businesses. This trend towards “affirmative litigation” is most notable as it relates to class action lawsuits in U.S. courts. In addition, businesses are considering whether claims can be asserted not just in the U.S. but in other countries, as well. Companies with operations outside the U.S. similarly are bringing claims in a variety of countries to recover damages, especially when there are allegations of anticompetitive conduct in multinational markets, including European, Asian, and Latin American markets.

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