Key takeaways from the 2025 survey on commercial opt-out claims

In US class action lawsuits, corporate plaintiffs must make a strategic decision before a case is resolved: Stay in the class or opt out to pursue an individual recovery. Choosing to opt out—removing the company from the class action—retains the right to bring a separate claim, which may result in a significantly larger financial recovery.

To gain deeper insight into how US companies navigate these high-stakes legal decisions, Burford Capital conducted an independent survey of over 300 US in-house counsel. The findings reveal current perspectives on corporate participation in commercial class actions, the potential financial advantages of opting out and the influence of legal finance as a key factor in assessing opt-out litigation strategies.

Below are some key findings from the "Survey of in-house counsel on commercial opt-out claims."

To learn more download the full survey here.