Legal departments in corporations throughout the U.S. continue to face litigation challenges in a landscape characterized by increasing complexity and heightened risks.
analysis reveals that disputes over insurance coverage, aggressive practices by surplus line insurers, and new privacy compliance rules are contributing to the rising number of subpoenas.
These trends indicate a shift towards a more adversarial and enforcement-driven information environment, where being prepared, rather than merely efficient, becomes the key differentiator.
Subpoenas are outpacing overall SOP growth
The data analysis reveals that the volume of subpoena-related service of process (SOP) increased by 52% from 2019 to 2025, while non-subpoena SOPs grew by only 21% during the same period. This disparity indicates that the demand for records is increasingly driven by legal compulsion rather than voluntary information exchange.
The growth in subpoenas post-COVID appears to be structural rather than cyclical. Although subpoena volumes dipped slightly in 2020 (by 3%), they rebounded sharply, rising 13% in 2023 and remaining elevated through 2025.
This acceleration suggests that subpoena activity is not influenced by economic cycles or operational disruptions. Overall, these findings indicate that subpoena risk has become a fundamental aspect of operations, rather than a temporary or crisis-driven issue.
Insurance litigation is a key driver
In recent years, there has been a notable surge in the issuance of subpoenas across various categories—insurance, medical records, and pharmacy records—reflecting broader trends in legal and regulatory scrutiny.
- Insurance records: Account for the largest share, at 28% of all subpoenas. This figure increased by nearly two-thirds from 2019 to 2025. Four states—California, Florida, Georgia, and Texas—accounted for 80% of all insurance-related subpoena activity during this period.
- Medical records: Represent 12% of subpoenas, more than doubling, with an increase of 104% compared to pre-pandemic levels. The states with the highest number of medical record subpoenas are Florida, California, and Virginia.
- Pharmacy records: Make up 8% of subpoenas, rose by 86%, with Florida and California responsible for 75% of this activity. Subpoenas for these three categories continued to grow, even during the COVID-19 pandemic.
