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

July 8, 2025

Summary

US companies enhance their balance sheets and income statements by opting out of commercial class actions.

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