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 

View Recording

Wednesday, March 20, 2024 at 1:00 p.m. Eastern

  • 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

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

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

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

About the Program

The second webinar in the series will examine 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.

Moderator:

Rebecca Woods, Partner, Seyfarth Shaw

Speakers: 

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

Join us to explore trends, predictions and recommendations in the following areas:

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

Moderator:

Shawn Wood, Partner, Seyfarth Shaw

Speakers:

Brandon Bigelow, Partner, Seyfarth Shaw

Kristine Argentine, Partner, Seyfarth Shaw

Gina Ferrari, Partner, Seyfarth Shaw

John Skelton, Partner, Seyfarth Shaw

Jesse Coleman, Partner, Seyfarth Shaw

Greg Markel, Partner, Seyfarth Shaw