Mid-Year Litigation Trends Requiring Experts in 2026

We’re at the halfway mark of 2026, and the dockets are telling a clear story: four areas in particular are generating a surge in matters that hinge on expert testimony — AI and technology disputes, construction defect and delay litigation, commercial loan defaults and workout disputes, and mass tort/product liability matters.

At Intellex, we believe the common thread is that these cases can be won or lost on technical credibility. Below, we break down what’s driving each trend, why it demands the right expert, and how Intellex can help you build that bench before opposing counsel builds theirs.

1. AI & Technology Disputes

 

AI litigation has moved from novelty to a steady docket item. In fact, Norton Rose Fulbright’s 2026 midyear litigation trends survey found that 46% of corporate counsel report increased federal AI litigation exposure, with AI-enabled product launches now cited by 41% as an emerging class action trigger. Three sub-categories are driving most of the volume:

• Copyright and IP claims against AI companies over training data and generated output
• Algorithmic bias and discrimination claims tied to automated decision-making
• Data privacy litigation as regulators and opposing counsel scrutinize how AI systems collect, use, and share personal data

Why it requires an expert: Courts need a translator. Whether the question is “did this model’s training process infringe a copyright,” “did this algorithm produce a discriminatory outcome,” or “was personal data handled the way the company represented,” fact-finders increasingly expect technical experts to explain how the system actually worked — not just how it was marketed.

Experts to consider:

• Data science and machine learning experts for IP and bias claims
• Software architecture experts to explain system design and data handling
• Data privacy/security experts to speak to compliance with applicable privacy frameworks

2. Construction Defect & Delay Litigation

Construction disputes remain one of the most consistent sources of litigation, and the last several years of supply chain volatility and labor cost swings have made both defect and delay claims more common and more contested. CLM’s 2026 construction litigation outlook points to rising defect claim severity, third-party litigation funding, and continued material cost pressure as key drivers.

• Material substitutions made under supply pressure
• Labor shortages that stretched schedules
• Cost escalation that squeezed subcontractors

Why it requires an expert: Defect claims turn on whether workmanship or materials met the applicable standard of care, while delay claims turn on schedule analysis — whether a critical path method (CPM) analysis shows a delay was excusable, compensable, or the contractor’s own making. Both require an analysis that can withstand cross-examination.

3. Commercial Loan Defaults & Workout Disputes

Elevated interest rates have strained borrowers across commercial real estate and middle-market lending, and that strain is now showing up as litigation:

• Foreclosure actions
• Contested loan workouts and modifications
• Lender liability claims from borrowers who argue they were treated unfairly during restructuring negotiations

Why it requires an expert: These disputes often center on whether lending, underwriting, or workout practices met industry standards, and on precise valuation of the underlying collateral, the loan itself, and the damages tied to a disputed default or restructuring. Getting the numbers right, and defensible, is often the whole case — which is why many lenders and borrowers engage Intellex’s industry advisory and due diligence services before a dispute escalates, not just after.

Experts to consider:

• Banking and lending practice experts to speak to industry standards in underwriting and workout negotiations
• Forensic accountants
• Claims/damages valuation specialists to reconstruct loan performance and quantify exposure

4. Mass Tort & Product Liability

Mass tort and product liability litigation tends to run in waves, and pharmaceutical and consumer product matters currently generating significant media coverage are consistent with that pattern. Reuters recently highlighted several of the top product liability cases to watch in 2026 — including long-running fights over talc-based products and weedkiller, and emerging litigation over weight loss drugs and “ultra-processed foods”. These cases often start with a handful of claims and scale quickly once a viable theory of harm is identified, putting pressure on counsel to get technical and medical analysis right early.

Why it requires an expert: Causation is almost always the central battleground — whether a product or drug actually caused the alleged harm, and whether the opposing counsel’s expert methodology holds up under a Daubert-style challenge. That requires credentialed, defensible expert analysis on both general and specific causation, not just credible-sounding testimony.

Experts to consider:

• Medical and toxicology experts for causation analysis
• Product design and engineering experts for defect claims
• Vocational/damages experts to address claimed injury impact

How Intellex Can Help

Across all four of these trends, the pattern is the same: the cases that go well are the ones where the right expert was retained early, not a last-minute Hail Mary. Intellex operates as a full-service expert witness and technical consultant resource, with a bench spanning construction, cause and origin, claims valuation, medical and vocational, environmental, and property damage — plus emerging technical areas, like AI and data privacy, that today’s disputes increasingly require.

Retaining more than one expert on a single matter through Intellex also qualifies for a 5% rate discount, making it easier to build a coordinated, multi-disciplinary bench without adding vendor complexity.

 

 

Intellex LLC provides expert witness services for insurance defense and legal matters, including construction, cause and origin, claims valuation, medical/vocational, environmental, and property damage practice areas.