Now Available! 2024 Commercial Litigation Outlook

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year, and 2024 promises to be one for the history books.

Notably, AI has taken the commentariat, if not actual world, by storm. In this year’s Commercial Litigation Outlook feature article, we discuss the arc and key risks posed by AI, but you’ll also see a common thread in most of this year’s articles addressing AI’s anticipated effects on just about every aspect of the law.

The legal focus for AI today is largely clustered around the business and legal risks posed by the fairly limited use cases, and the legality of the AI tools themselves. Our Intellectual Property experts discuss these issues, explaining important developments likely to happen in the areas of patentability of AI subject matter, and in copyright fights over vast amounts of protected material used to train large language models. Our eDiscovery article discusses what may be the most significant AI use cases in litigation—document production, analysis, and use—and the changing terrain that lawyers in that space will have to navigate.

As you can read in the full Outlook linked below, AI is expected to transform the way that lawyers research and write, and 2024 will focus in-house and outside counsel on the challenge of training for those use cases, as well as managing the business of law through those changes.

Outside the world of AI, our 3rd feature article covers the increased regulatory hostility to non-compete agreements that will continue in 2024. The FTC is expected to issue its final rule-making in spring 2024, likely mostly banning noncompetes, and the NLRB will enforce the guidance it provided last year that noncompetes risk violating the NLRA.

Other key trends in the commercial litigation space addressed in this issue are:

Antitrust
Bankruptcy
Consumer Class Actions
Consumer Financial Services Litigation
ESG
Franchise & Distribution
Health Care Litigation
Insurance
Privacy
Real Estate Litigation
Securities & Fiduciary Duty Litigation
Trial Outlook

Download the 2024 Commercial Litigation Outlook

Webinar Series: Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2024

We are thrilled to announce the launch of our much-anticipated 2024 Commercial Litigation Outlook webinar series, where we will delve into the most pressing topics shaping the litigation landscape in the coming year.

Since our inaugural publication in 2020, our Commercial Litigation Outlook has served as a beacon for legal professionals, providing invaluable insights and forecasting emerging trends. As we embark on our fourth installment, we invite you to join us for a dynamic three-part webinar series designed to equip you with the knowledge and strategies needed to navigate the evolving complexities of practicing law.

Here's a glimpse of what each webinar will cover.

Charting the Course: AI's Influence on Legal Practice and IP Protection

Wednesday, March 20, 2024
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

In our first webinar, we'll discuss the pivotal role of AI in reshaping legal practice and delve deeper into its profound implications for intellectual property law. Join our esteemed panel of experts as we navigate the intricate intersections of AI technology, legal practice, and intellectual property rights. In an era marked by transformative advancements and evolving regulatory frameworks, this webinar promises invaluable insights into the future of law and IP protection amidst the AI revolution.

Explore the transformative impact of AI on legal practice in 2024 and beyond
Obtain insights into forthcoming AI regulations and their implications for businesses operating in the US and EU.
Evaluate risk mitigation strategies to avoid potential liability when using AI platforms
Learn how to implement strategies for safeguarding intellectual property rights amidst advancing AI technology
Discuss the evolving role of legal education in preparing lawyers for an AI-enabled future and the shift towards human-centered AI.

Moderator:

Ken Wilton, Partner, Seyfarth Shaw

Speakers:

Rebecca Woods, Partner, Seyfarth Shaw

Lauren Leipold, Partner, Seyfarth Shaw

Owen Wolfe, Partner, Seyfarth Shaw

Puya Partow-Navid, Partner, Seyfarth Shaw

Guarding Secrets: Navigating Restrictive Covenants

Thursday, April 11, 2024
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific

The second webinar in the series will examine the regulatory landscape surrounding non-compete agreements, anticipating significant shifts in 2024 that will impact businesses and legal professionals alike. Specifically covering the following:

Federal Attempts to Curb Non-Competes: Delve into the proposed FTC rule and the NLRB's stance, analyzing their potential impacts and the legal challenges they may face.
State Initiatives: Uncover the latest legislative developments from states like California, Minnesota, and New York, examining how these changes could impact employers nationwide.
Judicial Scrutiny and Trends: Gain insights into recent court decisions regarding non-competes and confidentiality provisions, and understand their implications for businesses.
Trade Secret Protection Strategies: Learn essential tactics for identifying, safeguarding, and litigating trade secrets amidst the remote work paradigm and intensified competition.

Moderator:

Rebecca Woods, Partner, Seyfarth Shaw

Speakers:

Dawn Mertineit, Partner, Seyfarth Shaw

James Yu, Senior Counsel, Seyfarth Shaw

Part 3: Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2024

Details for the third session will be available in the coming days. Please note that by registering, you are automatically enrolled for all three sessions.

We are committed to providing you with actionable insights and strategic guidance to stay ahead in an ever-changing legal environment. Don't miss this opportunity to gain invaluable knowledge and network with industry experts.