ARTICLE
13 November 2024

Key Takeaways From October's Legal Industry Conferences

WL
WIT Legal

Contributor

WIT is the only expert witness agency representing the world's top consulting and testifying experts. By anticipating major trends in litigation, WIT proactively builds teams consisting of academic and industry experts who have the credentials and experience to address our client's needs.
In October, WIT attended three industry conferences that explored the rapidly shifting landscape of regulation, litigation, and corporate strategy. Here's a breakdown of the most significant takeaways from each event.
United States Corporate/Commercial Law

In October, WIT attended three industry conferences that explored the rapidly shifting landscape of regulation, litigation, and corporate strategy. Here's a breakdown of the most significant takeaways from each event.

At WIT, an essential part of our business involves ensuring that we are up to date on the critical developments impacting litigation, compliance, and regulation across various evolving industries. To stay ahead of the curve when it comes to updates in the legal realm, we regularly send members of the WIT team out into the field to gather insights shared by leading experts and legal minds at industry conferences.

In October, WIT attended three industry events that explored the rapidly shifting landscape of regulation, litigation, and corporate strategy. From leveraging intellectual property as a growth driver to navigating the regulatory complexities of AI and data privacy, the discussions underscored a critical need for adaptability and proactive risk management. Here's a breakdown of the most significant takeaways from each event.

SIFMA Conference: Focus on Market Regulation, AI in Compliance, and Election-Year Impacts

WIT's Ingrid Firmin attended SIFMA's New York Regional Seminar where the discussions centered on evolving regulatory frameworks and how companies can adapt to these shifts. Here are some key points from the event:

  • FINRA's Enforcement Priorities: FINRA's Executive Vice President Bill St. Louis emphasized the importance of tackling high-risk cases and the value of proactive compliance. He highlighted the need for enhanced cooperation credits and accelerated regulatory processes to minimize delays.
  • AI and Cybersecurity: AI is fast becoming integral to compliance, yet experts, including DOJ's Marshall Miller, warn of the need for transparency and human oversight. With AI assisting in everything from compliance monitoring to legal research, the panel urged companies to track AI use carefully to avoid biases and maintain compliance with emerging regulations.
  • Litigation and Whistleblower Trends: Speakers foresee increased litigation due to the recent Chevron ruling shift, which reduces federal agencies' interpretive power. Additionally, whistleblower reports are rising, necessitating robust internal compliance and clear accountability structures.
  • Transparency in Securities Lending: A session at the event highlighted the significance of upcoming requirements for securities lending under SEC Rule 10c-1a, which mandates increased transparency through comprehensive data reporting. This rule is expected to enhance market visibility and drive responsible trading practices.

The conference also speculated on the 2024 election's impact on regulatory landscapes, with potential shifts in areas such as fiduciary rules, data protection, and non-compete regulations. Compliance teams are advised to prepare for changing enforcement approaches and regulatory flexibilities.

Global IP ConfEx: Leveraging IP for Growth and Managing E-Discovery in the AI Era

Firmin also attended the Global IP ConfEx in NYC, which provided a deep dive into IP strategy, e-discovery, and data privacy challenges. The following highlights the most significant legal insights from the conference:

  • Maximizing IP's Financial Impact: Panelists advocated for legal teams to play a proactive role in protecting intellectual property as a revenue-generating asset. Building strong relationships with the C-suite and engaging in early-stage product development discussions were cited as ways to embed IP protection into the core of the business strategy.
  • E-Discovery and Predictive Analytics: With AI and machine learning evolving, e-discovery has become faster and more effective. Yet, questions around ethical data usage remain, especially with predictive analytics shaping litigation strategies. Experts warned that while AI tools enhance efficiency, they come with increased costs, so teams must balance accuracy with budget constraints.
  • Data Privacy Regulations Across Borders: The panel discussed the complexities of adhering to varying data privacy regulations, with a specific focus on the differences between the U.S. and EU laws. With GDPR enforcement continuing to evolve, global firms must ensure robust data privacy measures to avoid costly compliance breaches.
  • Ethical AI in Litigation: The ethical implications of using AI in legal processes were highlighted, particularly around ensuring fair treatment of data in discovery and litigation. Educating teams on AI prompt engineering and selecting ethical AI tools were recommended to prevent data misuse and uphold client trust.

The conference closed with a call to address diversity in legal practices, noting the importance of equitable representation in litigation and arbitration proceedings.

DLA Piper Symposium: Navigating Product Liability and Class Actions Amid Emerging Risks

WIT's Priscilla Valentine attended the DLA Piper Product Liability Symposium, which highlighted increasing pressures on product liability and class action claims, particularly in the tech and biopharma sectors. Her key takeaways from the event are as follows:

  • Rising Litigation in Product Liability: Electric vehicles (EVs), autonomous technology, and biopharma innovations are bringing new waves of litigation. Experts pointed out how the environmental impacts of EVs and data security challenges related to autonomous technology could lead to heightened regulatory scrutiny and litigation.
  • Mass Arbitration and Litigation Funding: The trend toward mass arbitration has grown, enabling plaintiffs' firms to file claims at scale, increasing defendants' legal costs substantially. Coupled with the rise in third-party litigation funding, companies must prepare for more aggressive litigation tactics that can escalate defense costs.
  • Verdict Inflation and Jury Bias: Rising public skepticism toward corporations is leading to larger verdicts. To counter "nuclear verdicts," panelists advised employing empathetic and relatable corporate witnesses who resonate with juries and mitigate potential biases against corporations.
  • Diversity in Product Development: Emphasizing the importance of inclusion, panelists discussed how diverse teams in product development contribute to fairer outcomes, especially in AI and clinical trials. They also noted that diverse representation in clinical trials is essential to meet regulatory standards and reduce risks of product liability claims due to inadequate testing.

The symposium's focus on inclusive innovation was also noteworthy, underscoring the importance of diversity in product development and clinical trials, especially as underrepresented demographics are often overlooked in testing, impacting the fairness and efficacy of products.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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