Trey Cox Discusses U.S. Litigation Trends for 2026 with Commercial Dispute Resolution

In the Media  |  December 17, 2025

Commercial Dispute Resolution

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Partner Trey Cox discussed U.S. litigation trends for 2026 with Commercial Dispute Resolution (registration required). He said he expects three big litigation shifts in 2026: mass actions, outside money (third-party litigation funding), and the remote courtroom.

“Big-money litigation finance is fueling complex lawsuits, which means we’re going to see more group actions against companies,” Trey said. “I’ll be keeping a close eye on whether courts will continue to enforce arbitration clauses in the mass action arena. These decisions will be most critical and likely shape litigation strategies for 2026 and beyond.”

Trey is Co-Chair of the firm’s global Litigation Practice Group and Co-Partner in Charge of the Dallas office.