Crowell & Moring LLP

Climate Impact & Sustainability Data (2025)

Increasing proliferation of class action lawsuits with higher stakes and larger class sizes.
Ineffectiveness of traditional class action defense strategies.
Rise in sustainability-related class actions challenging companies' environmental and social impact claims.
Increased use of AI in various aspects of business leading to potential litigation (algorithmic pricing, hiring decisions, customer interactions).

Rethinking class action defense strategies, adopting a more holistic, aggressive, and strategic approach.
Preparing for trial from the outset, maximizing chances of winning and strengthening negotiating positions.
Broadening early case investigation, tailoring discovery responses and requests.
Creative witness selection, including identifying supportive class members and non-class members.
Aggressive discovery from named plaintiffs to undermine commonality arguments.
Strong expert testimony supported by robust evidence.
Proactive measures to protect against economic-loss class actions (holistic strategy, insurance review, complaint tracking, targeting named plaintiffs).
Focusing on plaintiffs' standing in excessive-fee health plan class actions.
Establishing and documenting prudent processes for choosing PBMs and administrators.
Reviewing fiduciary liability insurance coverage.
Understanding how algorithms work and avoiding communication with competitors about pricing.
Providing antitrust training to software developers.
Assessing AI tools for biases and conducting validation studies.
Careful structuring of DEI programs to avoid legal challenges.
Reviewing data-sharing practices with third parties and considering opt-out/opt-in approaches.

Climate Change Data