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5 Cases General Counsel Should Watch in 2024

Law360 Pulse

Once in a while, a major case arises that holds the potential to reshape the future of the law, but in 2024 the possibility of such massive change exists in at least five legal areas that confront general counsel.

Here Law360 Pulse examines the litigation in which next year's developments could affect how companies, or entire industries, operate in the future.

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AI has been perhaps the most prolific legal topic of the year, and litigation over it could have the most impact – both on the law and on the legal profession itself -- in 2024 and beyond.

The lack of comprehensive legislation regarding AI means most lawsuits so far are based on a grab bag of theories such as invasion of privacy, misappropriation or infringement of intellectual property, consumer protection and safety, defamation, and discrimination, according to attorney Sharon Klein, who heads Blank Rome LLP's privacy, security and data protection practice and manages its Orange County, California, office.

"Many of the plaintiffs' complaints have been found deficient in proving harm for standing and even lack proper description of how the technology actually works," said Klein, who also served 12 years as associate general counsel at Siemens Medical Solutions USA.

"In 2024, we expect that the complaints will be better crafted," she added, "but still rely on basic common law contract, tort, and consumer protection theories as the law has not yet caught up with technology."

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"5 Cases General Counsel Should Watch in 2024," by Sue Reisinger was published in Law360 Pulse on January 2, 2024.