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124 Mich. L. Rev. Online 1 (2025-2026)

handle is hein.journals/mlro124 and id is 1 raw text is: CROSSING THE RUBICON: ASSEMBLING A LITIGATION COLOSSUS IN MASS TORTS Samir D. Parikh* In 2021, Arizona created the alternative business structure (ABS), which allows nonattorneys to own afirm that provides legal services and actively participate infirm management. Scholars have argued that this new paradigm will erode the attorney-client relationship. This represents a legitimate concern. Conflict- ing fiduciary duties can complicate key moments in case resolution. But the impact of Arizona's shift is more seismic. The true threat does not involve nonattorneys owning a law firm but, rather, private equity firms vertically in- tegrating the entire mass-tort machinery. The endgame is a litigation colossus that rolls up law firms, marketers, claim aggregators, administrative vendors, and medical clinics-creating an apex predator that can weaponize litigation. This Essay offers a primarily descriptive treatment in extrapolating the future of aggregate litigation with the hope of initiating a dialogue on this convoluted issue. The engagement of academics and policymakers is paramount in under- standing the new dynamics and risks that the litigation colossus will create and what-if any-legislative intervention may be necessary. INTRODUCTION Roman law forbade a military general from entering Italy with his army, but in 49 BCE, Julius Caesar was contemplating this very act.' His battles through Europe had brought a staggering amount of territory under Roman control and earned him the moniker, Caesar the Great.2 The means bywhich Caesar achieved his conquests, however, involved mass killing that even hard- ened Roman citizens found questionable. Caesar's command was coming to an end, and, as a private citizen out of office, he could be prosecuted for his actions.3 * Professor of Law, Wake Forest Law School. For helpful comments and conversations, I am grateful to Suneal Bedi, John Beisner, Andrew Bradt, Sergio Campos, Zachary Clopton, Nora Freeman Engstrom, Maria Glover, Jason Joy, Jessica Lauria, James Murdica, Teddy Rave, Chris Seeger, Emily Siegel, Chaz Vandemotter, Aviva Wein, and participants at the Duke-UNC- UVA-Wake Forest business law colloquium and the Law & Economics Center's Third Party Lit- igation Research Roundtable. I thank my family for their unwavering support. 1. See ANCIENT ROME: THE DEFINITIVE VISUAL HISTORY 128 (Stephanie Farrow et al. eds., 2023). 2. MARY BEARD, SPQR: A HISTORYOF ANCIENT ROME 284 (Profile Books 2015). 3. See id. at 285. 1