We kicked off the year by predicting the top 5 legal topics of 2024 that would be making waves across headlines. Well, now that we’re more than halfway through the year, it’s time to look at where those predictions stand and what our attorneys have to say about what you should expect for the rest of 2024.
First, here’s a list of the top 5 legal topics we predicted at the start of the year:
- Generative AI and IP
- Cybersecurity and Data Privacy
- Bankruptcy
- Labor and Employment Law
- Constitutional Law
You can dive deeper into why we predicted these would be the Top 5 Legal Topics of 2024 in the original article. But now, it’s time to analyze whether these legal topics have really been taking over the headlines or if others stepped in to take their place.
1. Generative AI and IP
It should come as no surprise that Generative AI and Intellectual Property remain at the top of the list for legal topics of 2024. With the integration of AI across nearly every industry, legal disputes involving AI are on the rise. Specifically, the use of generative AI which can create text, images, audio, and video content that didn’t exist in the past but uses past data and learning to create.
Just some of the ways AI and Intellectual Property have made the headlines include:
- Creating songs using AI that replicate artists’ voices. This has become increasingly common on social platforms like TikTok and Instagram where users create short songs and sound bites. Some generative AI tools use audio files from mega stars like Taylor Swift to create vocals and AI lyrics based on her 274-song discography to create these viral social media soundbites that sound like her. When even die hard Swifties find it challenging to discern between the artist and the machine… legal implications are sure to follow.
- Generative AI tools pulling content from major publications to create “new” news articles. The high profile case between The New York Times and Open AI (parent company of Chat CPT) opened up the issue of how these AI tools pull from major publications to create news stories, which raised several potential IP issues. In an interesting twist, large publications are now looking to join forces with AI rather than fighting it by entering into contracts with AI tools that allow them to pull content from their sites (for an agreed upon price). If you can’t beat ‘em, join ‘em…? With pending litigation around the world when it comes to using protected IP to train AI tools, this specific topic will remain at the top of the headlines for a while.
- Deepfakes created by generative AI continue to be a top issue for IP. Similar to the use of AI to create songs and news stories, some people are using these tools to create videos and images that are so realistic that they can severely damage someone’s brand and reputation while infringing upon IP rights all at the same time. Whether it’s a false political endorsement or a video that makes someone appear like they’re doing something they’re not, this is one of the AI & IP topics that also has potential tort and criminal implications.
Although most of the headlines involve the negative implications of generative AI, it’s not all bad! Generative AI has helped law firms respond to client requests in a timelier manner, perform conflicts checks, reduce expenses which are passed on as savings for clients, and increase productivity. For example, our partnership with Intapp has improved our firm’s conflicts checks process, meaning attorneys can engage in representation with potential clients more quickly than with a solely manual process. The key is combining a human and AI approach (rather than just AI) to create the best results when using generative AI.
2. Cybersecurity and Data Privacy
In today’s digital age, when is the last time cybersecurity and data privacy hasn’t been a major headline? The reason this field is one of the top legal topics of 2024 is because countries across the world are quickly enacting new legislation that affects nearly every entity, website, and individual with a digital presence.
Practus Partner, Linda Priebe, says 2024 marks the year of rapid evolution of data privacy laws in the US and EU, especially with the EU AI Act’s enforcement starting August 1st, which emphasizes GDPR compliance and carries hefty penalties.
US consumer concern over data privacy is growing, with 21 states enacting new laws that often mirror the EU’s GDPR, covering sensitive data protections and requiring assessments and vendor contracts. Meanwhile, US State Attorney Generals in California, Colorado, Connecticut, and Oregon are collaborating to harmonize and enforce their new privacy laws. As these regulations become more complex, our Practus Privacy and Cybersecurity attorneys are here to help with this quickly changing legal landscape.
Read the top 4 things you need to know about this year’s data privacy frenzy on Linda’s legal insights article here.
3. Bankruptcy
There has been a slew of high-profile bankruptcy cases that have made the headlines in 2024, especially among large corporations. Red Lobster is among one of those with its voluntary filing of Chapter 11 bankruptcy while closing hundreds of locations throughout the summer.
Although our Bankruptcy and Creditor’s Rights practice area has expanded significantly throughout the year and we fully expect bankruptcy attorneys to be busier than ever, this prediction of top legal topics of 2024 didn’t make as many headlines as another field of law. Which leads us to our new #3 top legal topic of 2024…
3. Antitrust Law
Antitrust Law is one of the hottest legal topics of the year, and it’s because it has affected nearly every industry across the US. Whether it’s rising rent prices, states enacting “Taylor Swift laws” to combat ticket prices after the Ticketmaster merger, or astronomical surge pricing, antitrust cases relating to algorithmic pricing have been splashed across the headlines throughout 2024 in a big way.
Practus partner, John Parks, gained valuable insights after attending the American Bar Association’s 72nd annual Antitrust Spring Meeting:
“Antitrust enforcers are prioritizing AI and Big Tech in 2024. The FTC plans to investigate potential antitrust violations involving algorithmic pricing and AI tools, while the DOJ and FTC are concerned about competition harms caused by digital platforms.”1
Get more insights from John on the Antitrust Spring Meeting here.
Antitrust isn’t just making headlines because of algorithmic pricing. This practice area is gaining attention from people outside of the legal field too with Google reporting more than a 900% increase in the search term “antitrust lawyer” over the last year. Speaking of Google… recent antitrust headlines are covering the legal news of the DOJ winning their first case brought against Big Tech in 24 years thanks to a recent federal judge ruling that Google maintained a monopoly in the internet search and advertising markets.
John Parks continues to share his legal insights with a more detailed explanation of the Google Antitrust case here.
4. Labor and Employment Law
Labor and Employment Law continues to be a top legal topic of 2024 as employers navigate several newly enacted laws and the implications these changes have when it comes to compliance and their workforce.
Practus partner, Molly Aspan, explains the breadth and impact of these shifts:
“2024 has brought a lot of changes in the labor and employment arena. We have seen restrictions on various forms of restrictive covenants such as non-competition and non-solicitation agreements, expansion of worker protections of eligibility for overtime compensation, new state, and local leave laws for almost any reason you can imagine, and expansion of worker protections by the National Labor Relations Board, among other developments.
More states, counties, and cities are enacting laws providing workers protections, creating additional challenges for multi-jurisdictional employers—employers with employees in multiple states. Administrative agencies are also becoming more emboldened, leading to many of these developments as well as challenges to them by the business community.
Finally, lest we forget it is an election year—and a particularly polarizing one at that—employers are sure to have challenges related to political speech and voting rights in the workplace. It is a busy time for HR personnel!”
Molly has continued to be a thought leader in this field by sharing legal insights into common issues faced by labor and employment attorneys and what to expect with the recent ruling barring the FTC from enforcing their noncompete ban.
5. Constitutional Law
It’s an election year. It’s an active SCOTUS year. It’s safe to say that yes, Constitutional Law remains a top legal topic of 2024.
Constitutional law has gained so much attention this year, but three of the most covered aspects of this practice area include:
- Social media & free speech
- State vs. federal powers
- Ongoing debates over election integrity and voting rights
We expect many more constitutional law cases to hit the headlines before the end of 2024 and into 2025. Thankfully, our attorneys are following closely to stay up to date on how these critical cases will affect their clients.
At Practus, we’re grateful to have a team of attorneys across a wide range of practice areas. This allows us to stay at the forefront of the latest legal news. If you’re interested in joining our firm, don’t hesitate to get in touch or visit our website to learn more.
1 based on reports by FTC Chair, Lina Kahn, and panelists from the DOJ at the ABA’s Spring Meeting as well as the recently proposed final rule by the FTC”
