New intelligence from Lex Machina provides employment litigators with a competitive edge as to who to pursue as a client, whether to file a motion, or the best time to settle, according to the author who penned the report.

Gregory Brumfield, the author of Lex Machina’s Employment Litigation Report 2022, revealed that in 2021, federal courts awarded approximately $1.17 billion in damages in just over 1,000 cases—the largest damage amount in a decade. Still, Brumfield was most surprised by how COVID-19 continued to shape employment litigation and the cases plaintiffs filed.