Now in its fifth year, Seyfarth’s Commercial Litigation Outlook continues to provide critical insights into the forces shaping business disputes. As we enter 2025, businesses are facing unprecedented legal and regulatory uncertainty. The second Trump administration is expected to reshape agency priorities, while AI-driven innovation continues to outpace the legal frameworks meant to regulate it. From False Claims Act challenges to data privacy and ESG litigation shifts, companies must stay vigilant in navigating a rapidly evolving commercial litigation landscape.
One of the most pressing concerns for businesses this year is AI-related legal uncertainty, particularly surrounding intellectual property rights and compliance risks. As courts and lawmakers grapple with AI’s role in copyright, contracts, and corporate transactions, companies must prepare for significant shifts that could redefine how AI is developed and used. Read on for a sneak peek on what Seyfarth IP attorneys covered in this year’s publication.
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Artificial intelligence is rapidly evolving, but the legal landscape is struggling to keep up. As AI becomes more integrated into business and everyday life, companies must navigate critical legal uncertainties, especially around copyright, regulatory compliance, and contractual risk.
A key issue for 2025 is whether AI models can legally train on copyrighted material without permission—a question at the heart of The New York Times v. OpenAI lawsuit. If courts rule against AI developers, companies may face significant operational shifts, requiring licensing agreements, retraining of models, or limitations on available datasets. Meanwhile, federal and state AI legislation is accelerating, with over 100 bills introduced in Congress in 2024, and the incoming administration signaling a focus on free speech and global competitiveness in AI policy.
These uncertainties are reshaping corporate contracts, M&A transactions, and media policies. Companies are already adopting stricter AI-related contractual terms, including representations and warranties in deals involving software, and media organizations are developing policies to track human vs. AI-generated content to safeguard copyright protections.
What’s next? The 2025 Commercial Litigation Outlook explores these evolving AI-related risks and how companies can prepare for the shifting regulatory and litigation landscape.