A new year brings a new set of legal trends put in motion to fix an underlying issue that became prevalent in 2014. Here are the top legal trends to watch in 2015:
1) Changes in Washington – 2015 is the first time since 2009 where Congress has a one-party control of both the House and Senate. This unified congress may lead to an increase in legislative output and coordination between the two parties. Senate Majority Leader, Mitch McConnell stated that Congress will be focused on passing legislation to decrease government spending, increase energy production, revisions on the Affordable Care Act and other laws, and a review of the current tax code.
2) Laws in Higher Education – Due to increased national attention, there will be more processes put forth to decrease and the number of sexual assault and violent cases on college campuses. Future findings of the Department of Education’s Office of Civil Rights will lead towards a more thorough process on Title IX’s best practices. In Washington, Congress will take steps to promote campus safety as well as more definitive guidelines to hinder confusion and mandatory reporting to local law enforcements. Higher education institutions must make ensure that their school protocols and procedures fall in line with Title IX and the Cleary Act, among other acceptable state laws.
3) eDiscovery – The changing environment of electronically stored information will most certainly take effect in alterations to the Federal Rules of Civil Procedures. These alterations will look to amend the ways in which data is preserved and e-discovery sanctions. The laws put forward are expected to favor large corporations with large quantities of ESI. These laws are also expected to include computer-assisted reviews with predictive coding as the industry continues to mature.
4) Developments in Wage-Hour Class Action – 2015 is shifting towards the year of the employer this year in terms of wage-hour class action lawsuits. This coming year shows signs of laws moving towards “issue certification” and more limited populations in-order to classify for a collective action.