Skip to Content

Class Action Survey: Baseless Claims a Common Concern for Corporate Counsel
May 30, 2023

Six out of 10 in-house counsel reported that the growth in baseless putative class actions poses a substantial risk to their companies. They describe these class actions as those that have no merit, but where the companies are forced to defend them nonetheless. Top legal decision-makers believe courts are becoming more lenient in allowing class actions to move forward, which creates a significant cost that is disproportionate to the merits of the claim. Almost one in three companies see hybrid work policies as inviting class actions. ESG poses risks as companies point to vague disclosure rules. They also believe these areas are subject to interpretation and invite claims challenging company policies or statements. Companies point to the use and misuse of social media as the fourth major area of risk of class actions. Respondents in this year’s 2023 Carlton Fields Class Action Survey note that posts from their companies’ official social media accounts can lead to claims of false disclosures, while posts from employees’ personal accounts can be used as evidence of discrimination, or as other proof of intent or harm.
Related Practices
Class Actions
©2025 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.