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3 Emerging Legal Niches Law Firms Should Market for Growth

by Lewis Ogden | Last Updated: January 15, 2025 | Marketing, Monetization
Emerging Legal Niches

As the legal landscape evolves, law firms must adapt to stay competitive. Specializing in emerging litigation niches that are gaining momentum can provide a significant edge.

These areas reflect the growing complexity of modern legal issues. They also offer significant opportunities for firms that position themselves as experts.

Below are three key legal niches that are rapidly expanding and should be prioritized in law firm marketing strategies for maximum case growth.

1. Environmental and Toxic Tort Litigation

Environmental and Toxic Tort Litigation

Environmental and toxic tort cases have surged in recent years, particularly with the rise of multidistrict litigation (MDL) involving hazardous substances.

According to Law.com, the number of toxic torts in the U.S. has increased dramatically. As a result, MDLs now account for over 40% of all civil cases in federal courts, up from just 16% two decades ago.

This trend is driven by growing awareness of the environmental and health risks associated with toxic substances and chemicals. As a result, more individuals and organizations are seeking legal redress.

Asbestos litigation is one of the most notable examples of this trend. It has been ongoing for decades and continues to result in tens of thousands of lawsuits. Companies like Johnson & Johnson (J&J) have been at the center of these legal battles. They have faced significant financial consequences as they dealt with the fallout from asbestos-related claims.

Numerous Cases Are Still Ongoing

Numerous Cases Are Still Ongoing

The rise of other toxic torts continues to dominate the legal landscape. Take the Aqueous Film-Forming Foam or firefighter foam lawsuit as an example.

These foams, used by firefighters to extinguish flammable liquid fires, have been found to contain harmful levels of PFAS (per and polyfluoroalkyl substances). PFAS are man-made chemicals that do not break down in the environment, leading to water contamination and adverse health effects for those exposed.

As of November 2024, there are 7,150 pending AFFF lawsuits in the U.S. alone, according to Consumer Notice. TorHoerman Law notes that this number is expected to rise, as awareness about the dangers of PFAS grows. Particularly among communities located near military bases and airports where AFFF was frequently used.

Law firms that specialize in toxic tort litigation, particularly in environmental contamination cases, have an opportunity to tap into a growing client base. These cases are highly impactful as well as have the potential for massive financial settlements.

2. Legal Cases Involving Data Privacy and Cybersecurity

Legal Cases Involving Data Privacy and Cybersecurity

As the world becomes more digital, data privacy and cybersecurity have emerged as major concerns. The frequency of data breaches and cybersecurity incidents is growing year by year, making data privacy litigation an essential area for law firms.

According to Statista, the number of data compromises in the U.S. reached 3,205 cases in 2023. This marks a concerning 77% increase from the 1,802 cases reported in 2022. Plus, these breaches have impacted over 353 million individuals, underscoring the massive scale of the problem.

While data breaches and cybersecurity incidents are often seen as compliance issues subject to fines, they have also led to significant lawsuits. For example, in July 2022, T-Mobile, a major mobile communications provider, settled a consolidated class action lawsuit following a data breach in early 2021.

The breach exposed the personal data of 77 million people, resulting in a $350 million settlement to cover claims, legal fees, and settlement administration.

Additionally, T-Mobile committed to spending $150 million on enhancing its data security infrastructure in 2022 and 2023, CSO Online reports. This case highlights a powerful trend. When victims of data breaches come together in large numbers, their collective legal actions can pressure corporations to reach substantial settlements.

With the rise of cybercrime, the need for data privacy law has never been greater. Law firms that market themselves as experts in data privacy can focus on class action lawsuits and individual claims resulting from data breaches. This positions them well to capitalize on the increasing demand for legal services in this area.

3. Medical Device Litigation

Medical Device Litigation

Product liability cases have seen significant growth, particularly in the area of medical devices. According to Law.com, product liability lawsuits reached their highest level since 2013, with 5,826 cases filed in 2022.

This surge is largely driven by increasing consumer awareness of the risks posed by defective or unsafe products, especially medical devices.

Many of these lawsuits are centered on medical devices that have caused severe harm or even death to users. The FDA reports receiving more than two million medical device-related complaints each year, including concerns about deaths, serious injuries, and malfunctions. A significant number of these complaints lead to litigation.

For example, in April, Philips reached a $1.1 billion settlement for approximately 58,000 reported cases related to its CPAP machines, NPR reports. Additionally, many other medical devices are currently under scrutiny, as more complaints and lawsuits continue to emerge.

Some Ongoing Lawsuits

Examples of high-profile medical device lawsuits include claims against companies like Medtronic, Zimmer Biomet, and Johnson & Johnson. These cases often involve defective devices, such as faulty implants, surgical mesh, and defective heart valves, which can lead to severe complications for patients.

As the number of medical device lawsuits continues to rise, law firms specializing in this niche have significant growth potential. They can achieve this by representing individuals harmed by defective products.

FAQs

Niche marketing for law firms

How can niche marketing benefit a law firm?

Niche marketing allows law firms to build a strong reputation as experts in a specific area of law. This can lead to higher-quality leads, increased case referrals, and a stronger client base. Specializing also enables firms to differentiate themselves from competitors offering general legal services.

How does digital marketing help with niche marketing for law firms?

Digital marketing techniques like SEO, content marketing, and social media allow law firms to target specific keywords and attract clients searching for specialized services. By producing valuable content and optimizing for niche-related searches, firms can drive more targeted traffic to their websites.

What are some of the trending legal niches right now?

Some of the trending legal niches include data privacy and cybersecurity, environmental litigation, medical device product liability, toxic torts, and intellectual property law. These areas are gaining momentum due to increasing consumer awareness, evolving regulations, and growing societal concerns.

Overall, law firms that specialize in emerging niches will be better positioned to secure high-value cases and build a strong reputation among high competition. Whether it’s environmental litigation, data privacy cases, or medical device product liability, firms have significant growth opportunities.

By leveraging digital marketing, SEO, and content marketing, law firms can position themselves as trusted advocates. Forming strategic partnerships can help attract new clients in these trending areas.