CHICAGO, January 6, 2026—Duane Morris LLP has released its Class Action Review ‒2026, an analysis of more than 1,761 decisions in the past year, examining all categories of class action litigation. This distinctive publication provides a comprehensive analysis of class action litigation trends and significant rulings and settlements from 2025 that will support readers in their decision-making related to complex litigation risks in 2026.

“We are thrilled to once again be able to showcase the deep bench of knowledge in the class action defense space of Jerry Maatman, Jen Riley and their talented team through this robust publication,” said Duane Morris Chairman and CEO Matthew A. Taylor. “With a comprehensive database of more than 30,000 court rulings, tracked and analyzed 24 hours a day, seven days a week, 365 days a year, it’s no surprise this past year that two federal courts cited its findings directly, and in 2025, it was cited in multiple briefs filed with the U.S. Supreme Court. As the risks from class action litigation only continue to grow, we are proud to offer the industry this in-depth analysis as a tool to protect their business.”

“With corporations paying more than $70 billion to settle class actions in 2025—the highest figure ever recorded in the history of American jurisprudence—the implications are staggering,” said Duane Morris partner Gerald L. Maatman, Jr., co-author of the review and chair of the firm’s Class Action Defense Group. “To put it into perspective, that amount is larger than the annual budgets of multiple U.S. states and eclipses the GDP of more than half the world’s nations. At the same time, the gravitational pull of these massive outcomes is attracting elite talent to the plaintiff’s bar and providing massive incentive for plaintiffs’ lawyers to increase their filings and the sophistication of the strategies they employ. For corporate defendants, the implications are profound: class actions are no longer just a litigation threat—they’re threats for which corporate boards, investors and insurers must proactively plan.” 

“With the traditional arbitration defense being tested and eroded, widening circuit splits driving forum shopping and the continued rise of Private Attorneys General Act claims, there are many threats looming to class action defense,” added Duane Morris partner Jennifer A. Riley, co-author of the review and vice chair of the firm’s Class Action Defense Group. “Our goal with the publication of this unique resource is to aid companies in their risk management strategies.”

Since 2003, Maatman has been directing a yearly review of the class action landscape. A Chambers-recognized defense litigator, Maatman has defended some of the largest workplace class actions ever filed in the United States.

Among the 10 overarching trends in the class action area in 2025, the Duane Morris Class Action Review highlights key takeaways for companies in 2026, including:

Record Breaking Settlement Numbers and High and Consistent Certification Rates Signal Growing Threat from Class Actions

• The combined value of the highest 10 settlements across all substantive areas of class action litigation set a record high in 2025, exceeding the $70 billion mark for the first time. For the fourth time in as many years, total settlements exceeded $40 billion. One of the most striking developments in 2025 is the consistently high rate at which courts certified class actions. Judges granted more than 68% of all class certification motions they decided—that’s higher than 2024 (63%) but on par with plaintiffs’ success rate in 2023 (72%) and 2022 (74%). This underscores how receptive courts were in 2025 to class-wide theories of harm, especially where statutory or structural issues create commonality among plaintiffs.
• There is a very clear relational line from the record settlement amounts and high certification rates to the sheer volume of class action filings in 2025. Plaintiffs filed more than 13,000 class action lawsuits in federal courts alone, which equates to more than 36 new class action filings every single day. That is a substantial increase from 2024 and reinforces a multiyear upward trajectory. The practical consequence is that class actions are no longer sporadic outliers, but rather a constant presence.

Technology Continues to Drive Class Actions

• Privacy Class Actions – Continued settlements in the privacy space have inspired more members of the plaintiffs’ bar to make privacy litigation the centerpiece of their business models. The landscape has shifted over the past five years, with plaintiffs’ attorneys targeting session replay technology, website chatbots and now website pixels. The plaintiff’s bar continues to rely on a consistent recipe: pair modern, ubiquitous technologies with decades-old statutory schemes that impose statutory damages per violation. The result is outsized exposure for routine business practices.
• Data Breach Filings – Data breach class action filings continued to expand in 2025, marking it as one of the fastest growing areas in the complex litigation space. Data privacy class actions totaled over 1,800, with an average of more than 150 fillings per month, representing more than 25% growth over 2024 and more than 200% growth since 2022. Courts, however, granted motions to dismiss these complaints at increasingly high rates, leading to may pre-ruling settlements and few rulings on motions for class certification. As long as cyber incidents remain common—and given the nature of digital ecosystems, they will—the data breach class action wave is not going to subside.
• AI – In 2025, AI continued to influence class action litigation on multiple fronts. First, there was a growth of class action lawsuits targeting AI in the copyright and employment space. Second, courts are increasingly encountering AI-generated filings. Some attorneys, unfortunately, have relied on generative AI without proper verification, resulting in fictitious citations or incorrect legal authorities being filed on public dockets. Third, AI is accelerating litigation processes. From predictive analytics to rapid document review, AI tools are reshaping both plaintiffs’ and defendants’ strategies. It’s often said that class actions move slowly, but AI is shortening timelines and increasing efficiency across the board.

The White House’s Influence on Enforcement Litigation Is Reshaping the Landscape

• In 2025, the Trump administration’s influence on federal enforcement litigation became impossible to ignore. Agencies like the EEOC have significantly shifted priorities by reducing systemic enforcement actions and narrowing the scope of discrimination theories they pursue. Perhaps the most consequential policy shift has been the administration’s explicit retreat from the disparate impact theory of discrimination. When the federal government steps back from enforcement, plaintiffs’ attorneys step in. This redistribution of enforcement authority from public agencies to private actors has major implications for companies. Instead of predictable government-initiated enforcement, companies now face unpredictable, often high-stakes private class actions.

Deepening Circuit Splits Are Driving Strategic Forum Shopping

• Another defining feature of 2025 is the widening divergence among circuits on issues central to class action viability. These splits reflect key issues—from the standards for conditional certification under the FLSA, EPA and ADEA, where we now have four distinct approaches, to the treatment of uninjured class members, a key issue tied to Article III standing that remains unresolved. We’re also seeing sharp differences in how circuits handle personal jurisdiction over defendants with respect to claims raised by or on behalf of out-of-state class members. These fractures have made forum selection more consequential than ever. Unless and until the Supreme Court resolves some of these splits, the class action landscape will continue to resemble a patchwork quilt rather than a uniform national standard.

At more than 748 pages, the Duane Morris Class Action Review ‒ 2026 is available in hard copy book format and as a fully searchable e-book.

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Duane Morris LLP provides innovative solutions to today’s multifaceted legal and business challenges through the collegial and collaborative culture of its more than 900 attorneys in offices across the United States and internationally. The firm represents a broad array of clients, spanning all major practices and industries. Duane Morris has been recognized by BTI Consulting as both a client service leader and a highly recommended law firm.