Crowell & Moring Releases Litigation Forecast 2024: What Corporate Counsel Need to Know for the Coming Year

Washington – January 10, 2024: Crowell & Moring has published Litigation Forecast 2024: What Corporate Counsel Need to Know for the Coming Year. The 12^th-annual Litigation Forecast focuses on trends in intellectual property, regulatory and other U.S. litigation, with special coverage of supply chain recovery and international litigation.

In an article on copyright, David Ervin discusses what comes next as the use of artificial intelligence continues to rise and all creators, from artists to corporations, race to protect their copyright works. Preetha Chakrabarti tackles trademarks in a piece that analyzes the impact of two landmark U.S. Supreme Court decisions from 2023 that continue to raise questions about the limits of U.S. trademark law: Abitron v. Hetronic and Jack Daniel's Properties, Inc. v. VIP Products LLC.

“The advent of technology is historically accompanied by an increase in both regulation and litigation to reassert expanding boundaries, and the impact of artificial intelligence on intellectual property has not been an exception, ” said Philip T. Inglima, chair of Crowell & Moring. “In addition, we have seen continued impacts from the pandemic across a variety of realms, including in the supply chain. Our lawyers understand the shifting nature of litigation and are able to offer analysis from a global perspective across a number of jurisdictions.”

A Supreme Court decision from 2021 continues to have a ripple effect on class action lawsuits, as analyzed by Mohamed Awan, with the added layer of personal information or copyrighted materials feeding into AI systems further complicating the field. And Rebecca Baden Chaney and Joe Lines examine how, in the wake of the COVID pandemic, companies are creating processes and procedures that include legal departments to handle supply chain recovery opportunities.

Articles in the Litigation Forecast include:

• Patents – A Proposed Legislative Fix for Patent Eligibility Ambiguity Could Impact Litigation Strategy
• Trade Secrets – Trade Secret Litigation: When Secrets Must Be Identified
• Copyright – The Contours of Copyright Law in the Age of AI Are Just Coming Into Focus
• Trademarks – Two Landmark Decisions From 2023 Will Continue to Raise Questions in 2024 and Beyond
• Class Action – Tracking Transunion’s Ongoing Ripple Effects
• Employment – Employer Recruiting and Retention Under the Microscope
• Jurisdictional Analysis – Hot Topics, Cooling Litigation
• Product Liability – The Upside of Recalls and Greater Industry Oversight
• White Collar – Regulators Make The Shift From Carrots to Sticks
• Privacy – A Growing Focus on Privacy Raises the Stakes
• Tax – Tax Credits Face Increased Enforcement Activity
• Antitrust – Artificial Intelligence Moves Into The Realm of Antitrust Litigation
• Government Contracts – When It Comes to Qui Tam Cases, It’s Time to Buckle Your Seat Belt
• Environmental – Litigating the Biden Climate Agenda
• Health Care – Private Equity + Health Care = Lawsuits
• Supply Chain Recovery – Increasing Results While Minimizing Risk
• International Litigation – Litigating Patents in Europe: A Whole New Ballgame

All of the articles from the Litigation Forecast are available at https://www.crowell.com/LitigationForecast. Follow the conversation on social media with #LitigationForecast.

About Crowell & Moring LLP

Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity and inclusion.