Litigation Trends 2024

which many pundits and scholars alike view as a pillar of the administrative state. Together with several other matters currently on the High Court’s docket, which could impact the SEC’s ability to impose civil penalties in administrative proceedings or disrupt the funding of the Consumer Financial Protection Bureau, these cases clearly signal approaches that companies should consider pursuing to challenge agency actions. Other appellate developments are or will be worth careful attention. For example, our IP/Media team examines the impact of the Goldsmith and Jack Daniels SCOTUS decisions on the contours of the fair use and parody defenses, respectively, in IP infringement cases, while anticipating the Court’s decision in Netchoice and Paxton regarding the constitutionality of state laws that could dramatically change governance of social media platforms. Our Securities litigators look at an expected Supreme Court decision this term in Moab Partners, L.P. that could resolve a circuit split on the question of whether a SEC Reg S-K Item 303 violation, in which an issuer fails to identify trends that might reasonably affect its liquidity, can form the basis of a Section 10(b) omission claim. And, our Patent group reviews the continued evolution of Federal Circuit jurisprudence governing the scope of estoppel in the wake of the America Invents Act, which is an essential strategic consideration for any party considering a patent challenge before the PTAB. Finally, we as usual take stock of important trends generating significant litigation across the practice spectrum, including AI-related privacy claims, and consumer litigation arising from broad corporate ESG-related statements that increasingly are being used by the plaintiffs’ bar to assert so-called greenwashing claims. Please do not hesitate to reach out to us or your usual Weil contact if you would like further information on any of the enclosed topics. Contact information is listed on the inside front cover. We look forward to partnering with you once again this year. David Lender Co-Chair of Weil’s Litigation Department Jonathan Polkes Co-Chair of Weil’s Litigation Department Elizabeth Stotland Weiswasser Co-Chair of Weil’s Litigation Department LITIGATION TRENDS 2024 10 Antitrust 18 Cross-Practice Focus: Appeals and Strategic Counseling 25 Cross-Practice Focus: Class Actions 30 Complex Commercial Litigation 38 Employment 52 International Arbitration 62 IP/Media 70 Patent Litigation 76 Product Liability 82 Securities Litigation 92 White Collar Defense LITIGATION TRENDS 2024

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