TOP 100 LAWYERS IN ARIZONA
HERE ARE LITIGATION TRENDS YOU NEED TO WATCH IN 2019
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ith 2019 now well underway and with the announcement of the Top 100 Lawyers in Arizona in this issue of Az Business magazine, it is worth taking a few minutes to discuss current Arizona litigation trends, as well as those that are expected to continue for the remainder of the year and into next. Parties are more willing than in past years to take steps early in disputes to resolve their differences. Those early settlement efforts include mediations with third party neutrals, direct negotiations between the parties’ decision makers, and settlement offers sent by counsel. We anticipate that this trend will continue.  Many clients have learned from past experiences that protracted litigation is expensive and results are uncertain. Consequently, clients have analyzed their risk-reward positions in a case, and the corresponding benefits of early settlement, by taking a holistic view of litigation including by presentvaluing the expense that is otherwise spread out over a period of years. Additionally, the volatility of the markets and uncertainty associated with the economy suggest that there will be an 46
AB | March - April 2019
increase in payment defaults and creditor-debtor litigation. Economic downturns invariably spawn this type of litigation. In Arizona, this trend may lead to increased foreclosures (including through the expedited process that occurs in real property foreclosures involving deeds of trust), commercial and residential evictions, and bankruptcy cases. Whether a downturn occurs, and if so to what degree, remains to be seen. Relatedly, lenders and their counsel are increasingly asking courts to appoint receivers to take possession of loan collateral (i.e., away from debtors) after the filing of a lawsuit and as an interim step before the completion of a foreclosure. Also, we expect that courts will continue the trend of innovative programs designed to shorten the length of lawsuits and to make the work and expense associated with a case