Abstract
In 2021, Arizona created the alternative business structure (ABS), which allows nonattorneys to own a firm that provides legal services and actively participate in firm management. Scholars have argued that this new paradigm will erode the attorney-client relationship. This represents a legitimate concern. Conflict- ing fiduciary duties can complicate key moments in case resolution. But the impact of Arizona’s shift is more seismic. The true threat does not involve nonattorneys owning a law firm but, rather, private equity firms vertically in- tegrating the entire mass-tort machinery. The endgame is a litigation colossus that rolls up law firms, marketers, claim aggregators, administrative vendors, and medical clinics—creating an apex predator that can weaponize litigation. This Essay offers a primarily descriptive treatment in extrapolating the future of aggregate litigation with the hope of initiating a dialogue on this convoluted issue. The engagement of academics and policymakers is paramount in under- standing the new dynamics and risks that the litigation colossus will create and what—if any—legislative intervention may be necessary.
Recommended Citation
Samir D. Parikh,
Crossing the Rubicon: Assembling A Litigation Colossus in Mass Torts,
124
Mich. L. Rev. Online
1
(2025).
Available at:
https://repository.law.umich.edu/mlr_online/vol124/iss1/1