Factors motivating firms to move in the direction of more risk sharing and more contingency work: There are two major factors driving this.The first is client-driven. The first antitrust opt-out litigation that I worked on was in 2007 involving price-fixing of LCD screens. If you looked at the companies that opted out of the class in 2007, it was a small group.

Over the last 10 years, you’ve seen an acceleration of the trend of companies opting out of such matters, and more generally companies being much more comfortable being on the plaintiff’s side of the “v” if they feel like their company has been harmed by some sort of wrongful conduct.

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