Technology, the Internet, and the improving economy have changed how the law works. Issues that were barely relevant in the 1990’s are now a force of nature that directly affects how people perceive the world and the law.
A review of the news, and a few cautionary tales, reveals that these three trends are likely to dominate the legal field in 2015.
Food-Related Litigation Risk Will Increase
“Misc fruit” by Sandy Austin – originally posted to Flickr as Snack time again. Licensed under CC BY 2.0 via Wikimedia Commons.
This may seem more like a nutrition trend, but it also contains a legal element. Food manufacturers are concerned about litigation risk. With rising scrutiny of GMOs and awareness of food allergies, more companies are moving away from ambiguous labeling and adopting clearer messages. Consumers are also better informed. With easy access to information about food and its manufacture, they are aware—and concerned. This makes them more likely to think critically about how food is marketed to them, raising the likelihood of lawsuits if a message is inaccurate.
Claims of “all natural” and “healthy” are one example of this trend. Cargill, the maker of the sugar-substitute Truvia, just settled a lawsuit after the discovery that its product still contained synthetic ingredients. Unless food labeling improves, these lawsuits are likely to continue against other manufacturers.
Harsher Enforcement of Employment Laws
The economy has improved in all sectors, including the government. Agencies once understaffed are now acquiring the necessary personnel to investigate more claims. Employee complaints are unlikely to slip through the cracks.
Hot topics under employment law will include disability accommodation, family leave, and wage and hour issues. As the job market improves, employees feel more confident to assert their rights when they feel wronged. With agency protection being better available, this will increase the rate of litigation against employers.
This may be a good time for employers to check on insurance coverage and audit their procedures regarding employees. People are generally less likely to put up with shortcomings as more employment options arise in the better economy.
More Disputes About Information Use
Information management used to be limited to hard copies of proprietary information, medical records, employment files, and other items that were more or less presumed private—unless a subpoena was involved. Now, technology blurs the lines between private and public. Smart phones and GPS track traveling and coordinates which are then stored in a central database. Social media often makes the private public and new algorithms track web surfing and shopping.
It is difficult to hide in this new information age. The world knows your location, product preferences, and even that affair you had 20 years ago. As definitions remain unclear and lines blurred, it is expected more disputes about the privacy, ownership, and use of information will surface. Accusations of regulatory gaps and misuse will predominate as information becomes more accessible.
The law evolves much like humanity does and these developments are not manageable or completely unexpected. 2015 will likely be a year of caution as options increase, information becomes available, and people expect more when they wish to make informed decisions.
The post Three Legal Trends to Expect in 2015 appeared first on Legal Services.
