The investor space for oil and gas assets and companies continues to change, driven, amongst others, by ESG requirements, commodity price fluctuations, access to debt and equity financing and host government initiatives. Who will be the owners, partners and financiers of the industry going forward? What types of deals are we likely to see driven by such investors? A number of important M&A and financing issues will be covered in this session.

Two of the global fundamental rights are privacy and freedom of expression. The ability of the law to keep pace with technological developments is being challenged. Years ago, an invasion of privacy that appeared in print in a local area could be more easily contained and remedied than today, when a violation of one’s privacy can go “viral” and circulate for years on the Internet. Similarly, the ability of people to comment without fear of retribution has been compromised, as technology has facilitated what many call the “cancel culture.” These issues are playing out daily in North America. This panel looks at the impact of technology and the stress on traditional legal theories to protect these rights in the digital world.

With billions in dry power and the global pandemic (hopefully) receding, shareholder activist funds are back at full speed, building stakes in companies, calling for structural, operational, personnel and capital structure changes, running proxy contests, pushing for (or resisting) M&A transactions or holding up squeeze-outs. Their relationships with long-term institutional investors, strategic and private equity acquirers and other market participants are rapidly evolving.  Also in a state of flux are the rules governing their activities, sometimes to their benefit (the introduction of universal proxy cards in the US) and sometimes not (like tighter disclosure requirements on stakebuilding).  The tilt towards ESG adds a powerful new element into the mix.  This session will focus on what companies and the lawyers who represent them need to know about the evolving shareholder activist environment in various jurisdictions.

This session will look at the relationship between academic law and law in practice, and the marked differences between the common law world and civil law jurisdictions. These differences may be seen in the perceived value of academic qualifications, in the perceived benefit of practising lawyers pursuing parallel academic careers, and in the courts' approach to academic publications. We will explore what academic law brings to the practice of law, and how the practice of law is improved, the service to clients optimised, and the development of the law itself enhanced, by striking the right balance.

MNCs are facing challenges in the face of legislative changes and other post pandemic challenges: including, supply chain breakdowns, rising cost of capital, and diversification of manufacturing. This panel will discuss how companies can handle US tax reform, tax regulations in multiple jurisdictions and regions, state aid, and source country revenue thirst. Can the capital exporter rely on investment treaties and other non-tax treaties for protection?

The panel will discuss the boundaries of the First Amendment and Fair Use as applied to television series, documentaries, docuseries, and videos. We will explore the legality of using (i) AI to create / recreate individual’s personality rights; (ii) personality rights in a television series/docuseries; (iii) to endorse goods/services; and (iv) how countries without a First Amendment deal with these issues.

A joint open meeting of the Employment and Industrial Relations Law Committee and the Diversity and Equality Law Committee held to discuss matters of interest and future activities.

A relaxed opportunity to network whilst also getting an insider’s look at landmark developments in Miami’s key districts. We will be guided by CBRE and visit Southeast Financial Center at 200 South Biscayne Boulevard and 1221 Brickell Ave, Brickell, Miami.

Spaces are limited and are assigned on a first come, first served basis. Registration is only possible onsite, and registered conference delegates can sign up at the Speakers' Desk by the IBA Registration Desk.

For those who are registered, it is advised to be on the bus five to ten minutes before the departure time.

Delegates have the opportunity to visit several Miami law firms to discuss strategy, practice areas and practice management, organisational issues, marketing and office systems.

Spaces for the tour are limited and are assigned on a first come, first served basis. Registered conference delegates can sign up onsite at the Speakers‘ Desk by the IBA Registration Desk. For those who are registered, it is advised to be on the bus five to ten minutes before the departure time.

Tougher merger control is a striking trend across the globe, with more deals than ever facing a struggle to achieve clearance on the kind of terms they used to expect, and divergent outcomes across major jurisdictions becoming more common. Enforcers are increasingly suspicious of remedies in the form of behavioural commitments and fragmented divestitures. At the same time pressure is mounting on them to better protect consumers, and also to promote additional societal interests such as furthering sustainability goals. And legislatures are actively granting them new and stronger intervention powers. This panel will focus on strategies to manage the consequent timing and outcome uncertainty for companies in the merger review process, especially in cross-border deals when multiple authorities assess the transaction. 

New technological tools are becoming available for banks and fintechs to exploit ‘big data’, the very large volumes of data that traditional data processing software simply couldn’t handle. These have the power to transform how banking services are delivered to customers. Big data algorithmic analytics, especially when combined with ‘open banking’ and fast identity-checking technology such as biometrics means that financial providers are better placed to tailor products for consumers and speed up the delivery of services. However, these developments cannot race ahead unchecked. For the technology innovations to work, they need to be successfully integrated into the legal and regulatory landscape of consumer protection. This panel will discuss that legal and regulatory landscape and consider how it might evolve in the future.

The Art Market’s surface is glamourous, its objects are beautiful. However, it often has an ugly underbelly: The provenance of objects can be dubious. Art is sold that has been looted, in today’s war zones and former colonies or acquired with dirty money.

We will look at typical disputes that can arise in that context. What remedies are available to former owners or countries of origin and in which fora can they be brought? What role can the Court of Arbitration for Art play in resolving such disputes? Which legal duties are imposed on market participants in particular regarding money laundering and terrorist financing?
 
We will consider the impact of wars and conflicts on the free flow of works of art: What happens, for example, if art from Crimea is given on loan to a museum in the Netherlands, and then Russia invades and annexes Crimea? 

Finally, will review and evaluate ways in which the market has reacted to these challenges, such as the Responsible Art Market Initiative.

HumanRightsRuleOfLawThe futurist Ray Kurzweil has forecasted that artificial intelligence may reach or exceed levels of human intelligence by 2029. It does not matter whether the timing of the prediction is accurate. What matters is how we deal with a technology that has the potential to outpace human development. Therefore, a forward-looking regulation is required in order to protect a humane society and human rights. Today, we can observe the rapid progression of self-driving cars or robots in healthcare. What we have not yet seen to the same degree is how human judgment is taken over by AI. If we want to preserve a human society where humans continue to make the final decisions, we need, however, to make sure that humans remain in control. These considerations hold particularly true for the areas of advocacy, justice, law enforcement, and public administration. While still in its early stages, digitization is also advancing in these sectors, which are central to the functioning of each democratic society. Stressing the importance of a human society is not denying the benefits of innovation and progress. For example, studies have shown that less than 50% of the population have access to the legal system in some jurisdictions. Technology – including AI-based instruments – can help broaden such access due to lower costs and easy access. Intelligent systems could for instance, be used to largely automate the submission of briefs and the issuing of court orders in civil proceedings. However, once AI-based technology is applied in the courtroom or in the decision-making process, fundamental legal rights could be seriously affected. While lawyers will adapt their working methods and use new technologies, they will continue to consider themselves as advocates of those who need them and as guardians of the rule of law as an overarching principle of freedom and democracy. This will not apply, on an algorithm, be it as intelligent as it may be. Bars should, therefore, actively participate in the regulation of AI being applied in the areas of advocacy. Acknowledging the increasing importance of AI in modern society, and the expected benefits when used at the service of the legal profession, key questions need to be discussed when drafting a new framework on AI.