With the increase in awareness of environmental rights, climate change litigation is rapidly evolving with novel claims and theories being tested around the world. At the same time, judicial doctrine and decisions are creating challenges for both plaintiffs and defendants, including governments and industries. What can we expect from climate-related litigation against oil and gas companies moving forward? What is the role of Alternative Dispute Resolutions (ADR) under Oil & Gas related disputes? These and other important climate litigation issues will be discussed by our panel.

Our world continues to face unprecedented challenges, plunging from one crisis to the next. Tectonic shifts in geopolitics and all engulfing ripple effects of the pandemic have added to disruptions that all businesses, including law firms, have to address.

This session will look at the practical aspects of 'crisis management' within law firms, addressing risks that come with clients’ portfolios tied to particular regions, cyber security breaches, or partner team moves, and how a 'crisis' relating to any one of these might affect a law firm's reputation.

Could robust crisis management lead to opportunities through identifying, managing and mitigating strategic risks in order to make decisions that help law firms innovate, grow and succeed?

YoungLawyersMultinational companies often need to team up with external counsel to address the complex issues that arise in today’s modern economy. A solid working relationship between in-house counsel and law firms can be a crucial element for a company’s long-term success. When is external counsel needed? How are they selected? What do in-house counsel expect from the law firms they hire? What kind of billing arrangements, training, and communication requirements facilitate a smooth working relationship? How do both sides view the pros and cons of secondments? What are hot topics in this area (e.g., cross-border data privacy, corruption prevention efforts, cultural differences, ethics, etc.)? This panel of corporate counsel, government lawyers, and law firm attorneys will provide insights on these questions.

HumanRightsOn 16 February 2021, the European Court of Human Rights held that the non-punishment principle is a component of States' obligation under Article 4, the prohibition of slavery, servitude and forced labour. The principle stipulates that the involvement in unlawful activities by trafficked persons which results from exploitation, should not be criminalised and punished. Such unlawful activities include both 'specific forms of exploitation' that trafficked persons may be coerced to do (such as engaging in illegal work, drugs cultivation, or soliciting prostitution). The IBA has engaged on a project with the British Institute of International and Comparative Law (BIICL) to produce unique research of the principle through a comparative analysis of how the non-punishment principle is applied in law and practice across different jurisdictions. The session will look at how the principle is applied across different jurisdictions, and will discuss recommendations to improve the legislative provision and practical implementation, including through due diligence laws imposed on corporates. It will also reference a pilot program to train lawyers and law enforcement personnel on the principle of non-punishment and ancillary matters and the creation of a dedicated online platform on the IBA/BIICL websites which will contain which will host videos, podcasts and web links to interviews with experts and practitioners from NGOs, international organisations and multi-stakeholder initiatives accessible to the public, as well as to legal professionals.

In the last years, we have seen several Latin American companies filing for Chapter 11 in United States instead of filing for reorganization in their own countries and then seeking protection in the US under Chapter 15. This panel will address the reasons for such trends, focusing on the advantages and disadvantages of each of such strategies (Chapter 11 vs. Chapter 15), as well as on cultural matters. We shall also explore the different nature of the Latam multinationals’ equity composition, normally with a strong controlling shareholder, vis-à-vis the traditional US debtor and how the absolute priority rule may (or may not) influence the decision on where to file.  

SustainabilityFocusHumanRightsIn this session we will look at how human rights issues can arise and are being dealt with in international arbitration.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusRecent years have seen a record number of severe hurricanes and cyclones, firestorms, and other catastrophic events tied to climate change. This session will gather leading insurance professionals to discuss the implications of climate change and increasing catastrophes on insurance industry.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusIn this session we will look at the following three aspects:

- Sustainable Finance Disclosure Regulation (SFDR) in Europe and next deadlines: introduction of Taxonomy Regulations in full, as well as SFDR 2, in 2022;

- US progress in ESG and catching up with the EU; and

- ESG data – the key challenge for compliance and how development finance institutions (DFI) are helping champion ESG into the mainstream.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusThe transition plans to carbon neutrality within an appropriate time frame recommended by the COP and domestic law and policymakers involve a number of risks inherent both in the implementation of the plans drawn up and in unforeseen factors. Examples include stranded assets, borrowers’ defaults, defective information models, insufficient resources, climate casualties, social movements, etc. Financial institutions that are called upon to fund green infrastructure projects and to support the necessary systemic reallocation of capital and investments, must look to mitigate their own risks and offer their clients new financial products allowing them to hedge those risks. The purpose of this panel session is to identify the issues that lawyers advising financial institutions and funds must navigate and to consider the mechanisms and products used for hedging these risks.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusEnvironmental, social and governance (ESG) criteria are increasingly coming to the fore in the minds of governments, investors and consumers. Governments are increasing regulation in areas such as gender, racial, and socio-economic diversity, corporate governance and anti-bribery and corruption regulation of companies. Businesses are making commitments to shareholders and the markets in which they operate in relation to their ESG credentials. Consumers are increasingly using their collective voice to drive change. The construction sector is particularly exposed to ESG considerations, particularly in relation to its sustainability credentials but also in other areas. This session will explore the impact of ESG in construction and infrastructure projects and the implications for financing, procurement strategies and delivery.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusHumanRightsMandatory Human Rights Due Diligence (mHRDD) laws are transforming the legal landscape for business. Faced with substantive due diligence requirements, sanctions for non-compliance, and heightened scrutiny from stakeholders, companies are scrambling to understand and incorporate mHRDD into their business models and supply chains. This panel will take a practical look at what companies can do to address these binding human rights-related rules. It will cover the Who, What, Where and How of mHRDD including trending legislation across jurisdictions and emerging best practices. Special emphasis will be placed on the overlap between mHRDD and the climate emergency, as well as the impending EU human rights and environmental due diligence legislation that may require corporates due diligence laws to align with the goals of the Paris Agreement.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusHumanRightsThe session will explore the current regulatory framework for sustainable and responsible investment in agriculture and how this can contribute to the mitigation of the climate crisis. It will explore how lawyers in the private and public sectors can use a variety of legal tools including environmental and human rights law to promote sustainable and responsible investment in agriculture within their national contexts.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

Advancing Land-based Investment Governance (ALIGN) supports governments, civil society, local communities and other relevant actors in strengthening the governance of land-based investments. The project is implemented by a consortium led by the International Institute for Environment and Development (IIED), the Columbia Center on Sustainable Investment (CCSI) and Namati, and is funded with UK aid from the UK government. Some of this webinar material has been produced as part of ALIGN by CCSI and IIED, however the views expressed do not necessarily reflect the official views or policies of ALIGN partners or the UK Government.

SustainabilityFocusHumanRightsIn the last couple of years, more and more jurisdictions impose statutory rules on companies to procure compliance with certain ESG principles and human rights along their supply chains. For instance, the UK has enacted the Modern Slavery Act in 2015, and Germany will see the Supply Chain Protection Act come into effect in 2023. The session will review what risks and chances companies are facing when trying to implement ESG principles and/or to procure compliance with basic human rights along their chain, both on a compulsory and voluntary basis. The session will review risks of liability, effectiveness in promoting social justice, human rights, environmental responsibility and gender equality as well as discuss potential litigation scenarios arising from the announcement and reporting of ESG principles. At last, the session will try to reach a conclusion to what extent companies can be actors of “private enforcement” of human rights and ESG principles.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

The following questions that are worth addressing in a Red Flag DD on a real estate transaction will be addressed in an interactive way:

• Are there any restrictions for foreign companies to buy commercial properties in your jurisdiction?
• In which ways has ESG had an influence on real estate transactions in your jurisdiction? (Inspiration: Green Washing, EU-Taxonomy, W&I)
• Which are the most attractive ways to finance commercial real estate investments? Does ESG have an impact on the this?
• Which are the most significant caveats at real estate share deals/asset deals in your jurisdiction? (Tax, others?)
• Has the COVID pandemic had an impact on the real estate market in your jurisdiction? (force majeure clauses, increased risk of tenant bankruptcies/restructuring or other clauses to watch for in the DD-process)
• How much of lawyer’s work is substituted by artificial intelligence ?
• How will we work when we will be again completely free to move around (travelling as before, home office, others?)
   

Private antitrust litigation, long the preserve of the US, is now also booming in Europe and elsewhere, and increasingly includes class actions or other forms of collective legal procedures. What are the greatest challenges for plaintiffs and defendants in multi-jurisdictional cases?  What has been the impact of EU Damages Directive and does harmonisation there need to go further? Does the success of private litigation mean that leniency policies need reform to restore incentives? What about monopolisation and dominance claims? How is damages quantification best done? Does the US experience have lessons for the rest of the world?

DiversityInclusionWomen's equality in various fields and sectors, such as workplaces, marketplaces and the community should be the normality. Relevant presence and influence of women in the Law should not be the exception. It seems that there is a profuse presence of women in IP, mainly in the trademark law, also it appears that this is not the case in the patent law. However, legal departments in the pharma industry seems to be managed mainly by women, at least, in some jurisdictions. The panel would discuss from various perspectives the truthfulness of some of the main taboos of women ascendancy in the IP Law.

Carve-out transactions and sunset asset divestitures have become regular occurrences in the current M&A climate.  For some they are messy and desperate, and give Buyer significant leverage to profit; but in other cases clever sellers will be able to turn the tables. This panel will discuss the particularities of these transactions as compared to traditional M&A as well as common pitfalls and points for attention, and ways to turn superior insight into tactical advantage.