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Class Action Survey: Defense Cost is the Least Important Risk Variable Corporate Counsel Consider When Evaluating Risk. What is the Most Important Risk Variable?

by Carlton Fields

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Companies identified exposure as the most important variable they consider when evaluating class action risk. Exposure ranked as 8.9 on a 1–10 scale of importance. Win probability, relevant case law and facts, and reputational impact also were ranked as important risk variables, but less significant than exposure. Defense cost is the least important variable when assessing class action risk, at a rating of 6.1 out of 10. These rankings reflect little change from the 2017 Carlton Fields Class Action Survey.

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