The world has seen an explosion of activity and interest in “the metaverse” — decentralised virtual reality platforms where people can have experiences in an immersive multidimensional environment that enables them to create communities, craft experiences and, as in real life, monetise activities and content they develop. Likewise, metaverse activities have started giving rise to disputes about that virtual realm and among its participants, to the point where some attorneys now view the nascent metaverse as a growth market for future litigation. 

The prospect of metaverse development poses innumerable questions:

• What is the (or a) metaverse?
• What kinds of legal issues can it pose and how will disputes over those issues get resolved?
• How can the real world of courts, judges and arbitrators exercise power over this decentralised virtual realm?
• How can internal governance over this decentralised realm be exercised?
• Can “assets” from the metaverse be legally cognisable as property and give rise to legal rights and obligations?
• How will payments be made for metaverse transactions and using what kinds of currencies?
• Can the metaverse be a locus for fraud, and if so, how can frauds in the metaverse get redressed?
• What issues can arise when protected intellectual property gets used in metaverse applications?
• How can privacy be protected and identity theft thwarted for the metaverse participants?
• Can confidentiality and attorney-client privilege exist when legal services are rendered in the online metaverse environment?
• How procedural devices, like class action litigation, might apply in the context of metaverse activities?

This panel will examine these and other issues that litigators will need to confront as this new area continues to develop.