Seyfarth’s Commercial Litigation practice group is pleased to present the fourth annual installment of the Commercial Litigation Outlook, which provides insights on litigation issues and trends to expect in 2024. Since its inaugural publication in 2020, Seyfarth’s Commercial Litigation Outlook has served as a beacon for legal professionals, providing invaluable insights and forecasting emerging trends. 

2024 promises to be one for the history books — a vastly more robust regulatory and litigation landscape, the rise and challenges of ESG, artificial intelligence that will touch almost every level of society, the nature of remote work and all of its risks and rewards, and the tidal wave of commercial loans coming due all present new and different challenges that commercial litigators will be expected to face head on in the coming year.

Trends covered in this edition include: Antitrust, Bankruptcy, Consumer Class Actions, Consumer Financial Services Litigation, eDiscovery & Innovation, ESG, Franchise & Distribution, Health Care Litigation, Insurance, Privacy, Real Estate Litigation, Securities Litigation, and the Trial Outlook.

Seyfarth is also excited to announce a three-part webinar series where members of our Commercial Litigation practice group will discuss the key trends outlined above. Dates and details are below.

Part 1 – Charting the Course: AI’s Influence of Legal Practice and IP Protection 

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  • 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 legal education in preparing lawyers for an AI-enabled future and the shift towards human-centered AI


Ken Wilton, Partner, Seyfarth Shaw


Rebecca Woods, Partner, Seyfarth Shaw

Lauren Leipold, Partner, Seyfarth Shaw

Owen Wolfe, Partner, Seyfarth Shaw

Puya Partow-Navid, Partner, Seyfarth Shaw

Part 2 – Navigating Legal Minefields: Insights on Restrictive Covenants, eDiscovery, and Privacy Compliance

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The second webinar in the series examines the regulatory landscape surrounding non-compete agreements and will also address critical aspects in the realm of eDiscovery and Privacy litigation. 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.
  • Regulatory Enforcement Surrounding Privacy Laws: Learn about the rising regulatory enforcement and litigation surrounding data privacy laws, including the impact of consumer awareness and state legislation on businesses.
  • Navigating the Risks of Privacy Litigation: Discover the latest developments in privacy litigation, including the surge in lawsuits related to website beacons, biometric data, and AI processing. Gain insights on compliance frameworks and preemptive risk assessments to mitigate litigation threats.
  • Advancements and Risks in eDiscovery Tools: Learn about the latest advancements in GenAI eDiscovery tools, including document summarization, subjective coding determinations, and GenAI syntax and querying. Understand the challenges and considerations of adopting GenAI in litigation, including defensible use of technology and negotiating discovery protocols.
  • Generative AI in eDiscovery Workflows: hear about the potential of Generative AI in eDiscovery workflows to streamline your business, increase productivity, and reduce inefficiencies amidst rising regulatory enforcement and litigation surrounding data privacy laws.


Rebecca Woods, Partner, Seyfarth Shaw


Dawn Mertineit, Partner, Seyfarth Shaw

James Yu, Senior Counsel, Seyfarth Shaw

Jason Priebe, Partner, Seyfarth Shaw

Matthew Christoff, Partner, Seyfarth Shaw

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

Thursday, May 2, 2024 at 1:00 p.m. Eastern

In the third session of the series, we will dive into the dynamic landscape of further litigation trends set to shape the coming year. Our panelists will provide invaluable insights and practical advice to navigate these complex legal arenas effectively. Don’t miss this opportunity to stay ahead of the curve and arm yourself with the knowledge needed to thrive in the ever-evolving world of litigation. Join us to explore trends, predictions and recommendations in the following areas:

  • Antitrust
  • Consumer Class Actions
  • ESG
  • Health Care
  • Securities & Fiduciary Duty


Shawn Wood, Partner, Seyfarth Shaw


Brandon Bigelow, Partner, Seyfarth Shaw

Kristine Argentine, Partner, Seyfarth Shaw

Gina Ferrari, Partner, Seyfarth Shaw

Jesse Coleman, Partner, Seyfarth Shaw

Greg Markel, Partner, Seyfarth Shaw