Law, College of
Nebraska Law Bulletin (Selected Issues)
Up in Smoke: How Recent Court Rulings Have Torched Big Tech’s Litigation Strategy and Why it Matters
Date of this Version
7-1-2025
Document Type
Article
Citation
Nebraska Law Bulletin, July 1, 2025
Abstract
As the title of this paper suggests, there are parallels between what happened to Big Tobacco and what could happen to Big Tech should its litigation strategy fail. Big Tech, like Big Tobacco before it, could stand to lose billions of dollars in judgments and settlements. More importantly, regulations—if allowed to take root—could upend Big Tech’s platform business model. Either outcome, or both, could fundamentally rewrite the relationship between Big Tech and its users. If Big Tech’s litigation strategy truly goes up in smoke, these colossal corporations could find themselves in a magnificent mess.