Insights

Throughout history, businesses have used new technologies to make themselves more efficient and competitive. Some of these technologies—operating software, internet search, social media—have led to antitrust litigation in varying contexts.

After the recent barrage of lawsuits filed by copyright owners against artificial intelligence platforms, it will likely take a few years for the dust to settle on multiple legal issues surrounding the new technology and intellectual property rights, says Crowell & Moring partner David Ervin, who co-leads the firm’s Advertising & Brand Protection Group.

Most companies acknowledge that a robust pipeline of qualified, diverse talent is critical. Recent legal developments in the areas of diversity, equity, and inclusion (DEI) and artificial intelligence (AI) are creating potential new challenges for employers trying to maintain those pipelines. The result is likely to be an increase in employment lawsuits in 2024 and beyond.

When it comes to environmental laws and regulations, the only question is when—not if—the courts will be asked to resolve contentious issues. Such is the case with a rule proposed by the Environmental Protection Agency, under the Clean Air Act, to limit the greenhouse gas emissions of fossil fuel-fired power plants.

If your company receives any funding from the federal government, you’d better buckle your seat belt. You may be in for a very bumpy—and costly— litigation ride.

Private equity firms have been increasingly active in the health care provider space in recent years—which, in turn, has increased the prevalence of health care litigation.

It’s a whole new ball game for European patent ligation: The Unified Patent Court opened for business on June 1, 2023.

Intellectual property has been in the spotlight this past year, from a landmark Copyright Fair Use case in the U.S. Supreme Court, to the more than 100 AI-related lawsuits working their way through the legal system. Despite the publicity surrounding intellectual property, patent litigation filings were down roughly 25 percent in 2023, due in part to a large decline in IP Edge filings, which normally account for hundreds of cases each year. The number of new trademark cases stayed about the same while copyright filings increased slightly.

A proposed overhaul of U.S. patent eligibility law could shape the patent litigation landscape in 2024, with some parties rushing to court before Congress enacts reform and others holding back on filing suit in the hope that the changes will strengthen their legal case, says Crowell & Moring partner Gang Chen.

In today’s tightly interwoven supply chains, a problem with the timely delivery or performance of components and parts provided by a supplier can have a big impact on a manufacturer, potentially causing production disruptions, reputational harm, costly recalls, and warranty claims. This is leading to more disputes over contract terms, the price and performance of parts and, in some cases, litigation. But a manufacturer need not shoulder the burden of these disputes alone. It can seek, and often achieve, the recovery of funds, all while taking care to manage its often delicate and valuable supplier relationships.

The IRS has been underfunded for many years, but that changed significantly with the landmark Inflation Reduction Act of 2022 (IRA), which gave the agency an additional $80 billion to be spent over 10 years. Unlike annual congressional allocations, this has allowed the IRS to make long-term investments and plans. It is clear the agency’s strategy includes heightened scrutiny for various corporate tax credits.

A 2023 U.S. Supreme Court decision limiting the reach of U.S. trademark law outside of the country could lead to further litigation by trademark holders looking to push back on those boundaries, says Crowell & Moring partner Preetha Chakrabarti, a member of the firm’s Technology & Intellectual Property Department and the Advertising & Brand Protection Group.

There is a global arms race for data and technology, including artificial intelligence, and that has been leading the U.S. government to look at cybersecurity and sanctions through the lens of national security,” says Jennie Wang VonCannon, a partner at Crowell & Moring. “Because of these high stakes, regulators are building more ‘sticks’ rather than ‘carrots’ into enforcement regimes—and making it clear that companies need to take these things very seriously. And more rigorous enforcement generally leads to waves of litigation.”