What are the most common claims against games developers?

This depends on how your business is set up.

Contract games development
Studios developing games for third parties on contract typically see claims relating to:

• Breach of contract – Failure to meet project milestones and deadlines, often related to what is known as ‘project creep’, where clients gradually move project requirements or complicate the project, making it difficult for the developer to meet the initial deadlines.
• Intellectual property (IP) and copyright – Confusion between the client and developer as to who is responsible for IP or copyright clearances resulting in missed licences.
• Traditional negligence – Allegations the game fails to meet the required and expected standards.

In-house games development and publishing
For anyone publishing in-house, the main risk is always IP and copyright relating to failure to seek appropriate licences on artwork, branding, musical compositions and other graphic material.

The more serious IP claims stem from competitors, often larger companies, making allegations your game is a replica of their title, sometimes with the intention of stifling competition and preventing smaller studios from gaining a foothold in the market.