Conference programme

Due diligence is crucial in mergers and acquisitions (M&A) deals. Nowadays, failure to properly address how diversity and inclusion (D&I) issues can have a detrimental impact on dealmaking. Are pay equity issues and D&I topics board-level responsibility? D&I is key to successful post-transaction employee integration and, ultimately, employee retention and engagement.

With India’s spectacular moon landing, the nation confidently marches towards a five trillion-dollar economy, attracting foreign direct investment (FDI) in high-growth sectors such as high tech engineering (ie, electric vehicles, semiconductors, defence), large scale infrastructure projects, as well as new age sectors such as Fintech, Edtech, Gaming, Agritech, Cleantech and financial services. India continues to liberalise its policies and relax administrative regulations for foreign investors. It has also implemented several legal reforms with the introduction of legislation such as the 2016 Insolvency and Bankruptcy Code, the 2023Digital Personal Data Protection Act, the 2023 Telecommunication Act, the 2023 Mediation Act and the yet to be enforced December 2023 enactments modernising India’s criminal law legislation – all adding to make India a hot investment destination.

The gambling industry is constantly on the cutting edge of technology. Many analysts had considered that this industry would be the driving industry responsible for the mass adoption of blockchain technology. From fan tokens to general cryptocurrencies, is there a market for this type of currency? How will the web influence the gambling industry?
In the world of online gaming, crypto casino tokens have emerged as a revolutionary means of transaction. These digital tokens offer a multitude of benefits, including transparency, security and ease of use. Some jurisdictions are designing specific regulatory frameworks for gaming and gambling offers based on digital tokens. What are the risks and advantages of these evolutions?

We will explore current trends and future expectations within the European startup and venture capital (VC) ecosystem.

This session will address the evidence related to the condition of cargo in container transportation, and the difficulties in demonstrating the condition of the cargo at the commencement of transportation when goods are shipped in containers.

Dynastic structures need constant adaptations not only to their environment, but also to accommodate for the aspirations of each generation. This session will examine how the responsible stewardship of wealth enters into that equation.

This session will examine the different litigation and mediation approaches and strategies in resolving shareholder disputes, and consider the advantages and disadvantages of each. The presentations and discussion at the session will consider the extent to which the two dispute resolution methods can be combined in the context of shareholder disputes to bring about an efficient resolution. Shareholder disputes may be uniquely suited to use of a combined method.

The IBA Guidelines on conflicts of interest in international arbitration have been a great success since their inception in 2004. In line with the tradition to revise the Guidelines every 10 years, an updated version has been published in 2024. The overall structure of the Guidelines has not changed, including the well-known traffic-light system of red, orange and green lists, which has become a worldwide norm. Nonetheless, the 2024 guidelines innovate in many respects. A group of experts will discuss the revision process, the changes made – as well as those discussed but eventually not retained. The panel will reflect on the continued usefulness of the Guidelines for international arbitrations around the globe.

Associates want more from the law firms they work for. It is not just about giving them a job and paying them high salaries, it is also about giving them purpose and making them feel they are working for a modern, forward-thinking institution that cares. What is the deal between associates and law firms? What can law firms reasonably expect from associates? And what can associates reasonably expect from law firms?

Whistleblowing and complaints in the workplace are crucial in ensuring transparency and accountability. In this session we will discuss emerging trends and challenges in whistleblowing and complaints in the workplace and explore the impact of technology and social media on employee complaints.

The world still faces unique challenges to ensure access to justice and protect human rights. Pro bono work has become a crucial tool in addressing these challenges by providing vital legal assistance to those who cannot afford it and by mobilising lawyers who can offer expertise in cases with potential widespread impact. The intersection of pro bono efforts, access to justice and human rights violation are complex and multifaceted. As such, the SPPI showcase intends to highlight how this topic at our upcoming IBA Annual Conference.

While Silicon Valley is a perennial trend setter for technology mergers and acquisitions (tech M&A) transactions, other places and segments are catching up. This panel will discuss recent global and regional trends and developments in tech M&A, including valuation, going public, staying private, liability issues and warranty and indemnity (W&I), increasing regulatory challenges and, last but not least, artificial intelligence (AI) topics from various perspectives.

Although international human rights law is relatively settled on the rights of Indigenous peoples, governments around the world vary greatly in protecting and implementing these rights (including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)) into domestic legal frameworks. This session will explore whether class actions are the only remaining way to effectively protect and respect rights holders in a modern industrialised world. Shining a light on the rich jurisprudence from Latin America, and taking into account other global perspectives and experiences, this session explores the intricate relationship between Indigenous peoples, the natural environment and natural resources, the threats to their cultural heritage, and the role class actions are playing in this critical area.

This session will discuss the practical application of the IBA updated guidance on the UN Guiding Principles on Business and Human Rights (UNGPs) released in 2023.

It will provide new insights into the UNGPs in practice, recent updates in business and human rights, the maturation of the right to a healthy environment (R2HE), due diligence approaches for human rights and the environment, and the trends in transnational business and human rights litigation.
 

The session will touch on aspects with an impact on structuring a carve-out involving closely held companies. We will explore:

•    The dos and don’ts;
•    preparing a closely held company for a carve;
•    identifying the deal perimeter;
•    pro forma financials;
•    what to consider aside the law (eg, IT, technology, IP);
•    third party interests to consider (eg, works council/banks);
•    negotiating with counterparties; 
•    and additional agreements (TSA/licensing). 

One of the greatest threats to democracy in Latin America is no longer the old-fashioned coup, but corruption. The new way to autocracy is more subtle, with lawfully elected leaders systematically eroding key safeguards to the separation of powers. They do so by chipping away at judicial independence, fair trial standards, electoral fairness, civic space, freedom of expression and freedom of the press. This is coupled with persistent and pervasive levels of corruption. It leads to governments stacking courts and undermining the autonomy of the judiciary, with the aim of limiting the checks on executive power.

Against this backdrop, the critical importance of a robust, independent judiciary cannot be overstated. A strong judiciary has proven to be a bulwark against democratic backsliding in many Latin American countries like Brazil, when the federal justice system upheld the electoral results in 2022; or Mexico, where the Supreme Court is resisting the government’s attempts to introduce unconstitutional reforms that would bolster executive power; or Guatemala, whose Constitutional Court ensured the transfer of power to the duly elected candidate Bernardo Arévalo, despite attempts to overturn the electoral result. 

This session will explore the intricacies of a complex vision of the rule of law in Latin American countries. On one side, the pragmatic need to tackle the plagues of corruption and organised crime. On the other, the necessity to build a system of checks and balances with a specific focus on the role of judges and prosecutors.

In this session we will consider a myriad of global legal issues including restructuring, employee consultation and communication, employee integration and cultural issues.

Over the past few years, financial market operators have gained a deeper understanding of the importance of incorporating environmental, social and governance (ESG) considerations into asset allocations and also recognised the growing demand among clients for investments based on these principles. This is the concept of sustainable finance, which involves applying the idea of sustainable development to a financial activity, representing a new paradigm that is spreading rapidly. Regulatory authorities have been involved in an intense and still ongoing activity, resulting in the publication of regulations aimed at directing financial operators toward integrating sustainability risks and objectives in their investment and advisory processes. This effort also aims to enhance informational transparency to final clients. The session will focus on the interconnections between ESG issues and the evolving regulatory landscape of sustainable finance, such as the European Green Bond standard, the EU Taxonomy, the Sustainable Finance Disclosure Regulation (SFDR) and other global regulatory initiatives.