Hot Legal Topics
Laws, BGH rulings, and trends in litigation funding & legal tech.
Here is the analysis of "Hot Legal Topics" for the past four days (Friday, May 22 to Monday, May 25, 2026), filtered for mass litigation-relevant content:
Hot Legal Topics — Tuesday
Period: last 4 days (Fri-Mon)
New Laws / EU Directives
The sources from the past four days contain no newly enacted laws or EU directives that would directly enable new waves of litigation in consumer or mass tort law.
Note on structural administrative proceedings: The Federal Administrative Court (BVerwG) is currently reviewing Georgia's status as a safe country of origin as part of one of the first judicial reviews under the new asylum law. This judicial examination of such classification has far-reaching, structural mass effects on future asylum proceedings [1].
Federal Supreme Court / Landmark Judgments
At the German level (BGH), there were no new landmark judgments with specific mass litigation relevance during the period under review.
At the international level (here: Australia and USA), however, current appellate court developments and new waves of litigation with strong precedential character are emerging:
- Proof of damages in shareholder litigation (High Court): In a massive class action, the Commonwealth Bank of Australia (CBA) is defending itself before the High Court against damages claims by shareholders. The bank fundamentally argues that the plaintiffs have not proven any actual financial loss ("any loss at all") and warns against equating mere materiality violations with concrete damages – a central issue for defense in capital markets mass litigation [2].
- Liability for environmental damages ("Mass Torts"): An appellate court has upheld landowners' victory in a major damages claim related to Australian bushfires (Bushfire Mass Tort). The judgment solidifies liability principles in mass proceedings, as it was proven that the fire originated from a vegetation pile that had been inadequately monitored and smoldering for months [3].
- Current waves of litigation against the tech and gig economy: In the USA, new potentially mass-impact proceedings are emerging. Grubhub is being sued for suspected wage theft and illegal biometric facial scans of delivery drivers [4]. Netflix and Pfizer face privacy class actions for allegedly secretly tracking user behavior and selling data despite opt-out declarations [5, 6]. The gaming platform Roblox is being pursued through class action for alleged unpaid child labor in mass game development ("40-hour weeks [...] for little or no pay") [7].
Trends in Litigation Funding & Legal-Tech
- Security for Costs vs. ATE Policies: A court rejected plaintiffs' motion in a class action against Phoslock and KPMG to postpone payment of an overdue litigation security deposit of $1.6 million. The judge did not accept the plaintiffs' justification that they were still in negotiations over an After-The-Event (ATE) insurance policy [8]. This illustrates that courts set hard deadlines for cash securities in the litigation funding area and ATE insurance cannot automatically defer these.
- AI-supported mass processing ("Legal Factory"): The major law firm Thomson Geer has established its own primarily AI-driven legal practice under the name Faculti Lawyers. The legal-tech model is specifically designed to handle high-volume and standardized legal services for institutional clients in a highly scaled and efficient manner [9].
- Liability risks in standardized advice: That mass "assembly line" advice also carries risks is shown by a current class action against Knowmore Legal. The center is accused of providing clients with inadequate, purely schematic legal "cookie cutter" advice [10]. This illustrates the liability dangers when legal-tech and standardization come at the expense of individual case review.