Six out of 10 in-house counsel reported that the growth in baseless putative class actions poses a substantial risk to their companies. They describe these class actions as those that have no merit, but where the companies are forced to defend them nonetheless. Top legal decision-makers believe courts are becoming more lenient in allowing class actions to move forward, which creates a significant cost that is disproportionate to the merits of the claim. Almost one in three companies see hybrid work policies as inviting class actions. ESG poses risks as companies point to vague disclosure rules. They also believe these areas are subject to interpretation and invite claims challenging company policies or statements. Companies point to the use and misuse of social media as the fourth major area of risk of class actions. Respondents in this year’s 2023 Carlton Fields Class Action Survey note that posts from their companies’ official social media accounts can lead to claims of false disclosures, while posts from employees’ personal accounts can be used as evidence of discrimination, or as other proof of intent or harm.