Sat. Apr 27th, 2024

Editor’s Note: This article provides a timely overview of the key litigation trends and risk factors on the radar of in-house counsel in 2024. As highlighted by the recent Norton Rose Fulbright Annual Litigation Trends Survey results and expert commentary, the rapid advancement of AI technologies like ChatGPT is creating new legal gray areas around topics such as IP disputes and generative content. At the same time, longstanding issues like cybersecurity vulnerabilities and regulatory actions continue to pose significant litigation threats. The piece also effectively contrasts the appetite for adopting AI tools to drive legal efficiencies with the pressing need to mitigate the associated new risks. With AI systems now matching or exceeding human performance on skills like contract review and bar exam-passing ability, corporate legal teams are rightfully concerned about the disruptive potential of these technologies. Moving forward, it will be critical for lawmakers, legal experts, tech leaders, and insurance carriers to collaborate closely to develop frameworks, policies, and products that allow businesses to harness the upside of AI while protecting against the downsides. The stakes are only getting higher as AI capabilities accelerate across industries.


Content Assessment: Corporate Counsel Sound the Alarm on AI and Cyber Risks, Norton Rose Fulbright Survey Finds

Information - 92%
Insight - 91%
Relevance - 93%
Objectivity - 92%
Authority - 93%

92%

Excellent

A short percentage-based assessment of the qualitative benefit expressed as a percentage of positive reception of the recent article by ComplexDiscovery OÜ highlighting results from the recent Norton Rose Fulbright Litigation Trends Survey.


Industry News – Artificial Intelligence Beat

Corporate Counsel Sound the Alarm on AI and Cyber Risks, Norton Rose Fulbright Survey Finds

ComplexDiscovery Staff

In-House Counsel Express Growing Concerns Over AI and Cyber Risks

As the march of technology continues to shape the legal and corporate landscapes, a report released by Norton Rose Fulbright on Wednesday indicates that in-house counsel are now squarely focusing on the emerging risks and regulatory challenges presented by artificial intelligence (AI) and cybersecurity. More than 400 general and in-house litigation leader responses suggest an industry grappling with the expanding influence of technology.

Generative AI Presents Benefits Alongside New Legal Uncertainties

According to the latest Annual Litigation Trends Survey, 40% of respondents have seen their exposure to cybersecurity and data protection disputes sharply increase in 2023, with similar concerns spilling into 2024. As these technological threats grow, the survey indicates a notable expectancy of heightened intellectual property dispute exposure tied to AI advancements. “2023 brought rapid-fire developments in artificial intelligence, and in-house counsel are eager both to respond to new uncertainties around generative AI and also take advantage of the efficiencies it promises,” said Steven Jansma, U.S. Head of Litigation and Disputes at Norton Rose Fulbright. And while AI’s legal landmines loom large, the report uncovers that over a third of corporate counsels endorse the adoption of generative AI technologies by their legal teams, underscoring a complex interdependence between innovation and mitigating litigation risk.

Regulatory Proceedings and ESG Litigation Also Top the List of Legal Priorities

Regulatory proceedings, environmental, social, and governance (ESG) litigation, and financial fraud class actions are also among the top concerns for corporate counsel, with over 60% of survey participants involved in at least one regulatory proceeding in 2023, marking an uptick from 2022. Class actions related to banking crisis-induced financial fraud more than doubled. Additional matters are also rising on the corporate agenda, such as greenwashing, diversity policies, and compliance in the politically charged environment of 2024. Richard Krumholz, Global Head of Litigation and Disputes, remarked, “The litigation environment is more complex when business relationships are less predictable, particularly in these volatile economic and political cycles.”

Companies Bolster Legal Teams to Navigate Tech-Driven Volatility

The survey underpins an evolving judicial marketplace where companies are bolstering their in-house litigation teams, with a notable 52% increase from the previous year, to navigate these tech-driven tumultuous times. Larger firms with revenues over $1 billion are reportedly spending six times more on litigation than those with revenues under $100 million, illuminating a disparity in legal expenditure correlating with size and capacity to manage disputes. The report follows a year marked by significant AI milestones, most notably the Stanford Center for Legal Informatics successfully training GPT-4 to pass the Bar exam. With GPT-4 ranking in the 90th percentile, surpassing the average scores of human test-takers, the pressure is on both the legal sector and the associated insurance industry to adapt to this new AI-infused reality. Clyde & Co.’s market predictions suggest that as generative AI infiltrates the tech fabric, insurance for AI-related risks will become essential. Divergence in global AI regulations and the anticipation of increased AI litigation underline the escalating need for legal expertise in this domain.

News Sources


Assisted by GAI and LLM Technologies

Additional Reading

Source: ComplexDiscovery

 

Have a Request?

If you have information or offering requests that you would like to ask us about, please let us know, and we will make our response to you a priority.

ComplexDiscovery OÜ is a highly recognized digital publication focused on providing detailed insights into the fields of cybersecurity, information governance, and eDiscovery. Based in Estonia, a hub for digital innovation, ComplexDiscovery OÜ upholds rigorous standards in journalistic integrity, delivering nuanced analyses of global trends, technology advancements, and the eDiscovery sector. The publication expertly connects intricate legal technology issues with the broader narrative of international business and current events, offering its readership invaluable insights for informed decision-making.

For the latest in law, technology, and business, visit ComplexDiscovery.com.

 

Generative Artificial Intelligence and Large Language Model Use

ComplexDiscovery OÜ recognizes the value of GAI and LLM tools in streamlining content creation processes and enhancing the overall quality of its research, writing, and editing efforts. To this end, ComplexDiscovery OÜ regularly employs GAI tools, including ChatGPT, Claude, Midjourney, and DALL-E, to assist, augment, and accelerate the development and publication of both new and revised content in posts and pages published (initiated in late 2022).

ComplexDiscovery also provides a ChatGPT-powered AI article assistant for its users. This feature leverages LLM capabilities to generate relevant and valuable insights related to specific page and post content published on ComplexDiscovery.com. By offering this AI-driven service, ComplexDiscovery OÜ aims to create a more interactive and engaging experience for its users, while highlighting the importance of responsible and ethical use of GAI and LLM technologies.