Articles online, July 2018

The IBA has improved the way it delivers content to members. The publishing process for newsletters can now be tailored to provide a more regular flow of information in a way that is more user-friendly for both committee members and newsletter editors. Articles and conference session reports are available to view online, alongside pre-2015 editions of newsletters in PDF format. Working in this way, articles can be shared with the committee in a more timely manner. View all LPD committees here.

This month's pick of online articles come from the following LPD committees:

Banking Law Committee

Agility or redundancy: regulatory relevance in the age of distributed ledger technology

2017 was an eventful year. Global regulatory and policy response has been myriad, ranging from panic to insight. The latest evolutions of distributed ledger technology in the financial sector challenge the traditional understanding of value by ushering in new theories that do not rely on underlying assets. This article seeks to explore and make sense of the top compliance and regulatory concerns that have come to the fore in this ever-accelerating era of technology.

Read Vinay Ahuja and Simon Z Rajan's article here.

Banking Law Committee


Employment and Industrial Relations Law Committee

Challenges for employment in the agile culture's era

The digital transformation in recent years has changed the workplace. Companies must adapt to the volatile demands of the marketplace by using IT and HR in the fastest way possible. From the HR perspective, this means implementing an agile culture. Working 24/7 and everywhere appears to be the mantra of HR specialists, which conflicts with some 20th-century regulations. This article explores the legal issues arising from an agile workplace culture.

Read Cecilia Guzmán-Barrón's article here.

Employment and Industrial Relations Law Committee


Real Estate Section

Going green in commercial property leases

Sustainable development and responsibility have important roles in business operations. Leases for commercial premises increasingly include environmentally friendly and eco-efficient green clauses, which can be used to reinforce responsible business operations. Businesses that generally exercise social responsibility are also interested in incorporating green clauses into their contracts. This article explains the key elements of successfully incorporating green clauses into leases.

Read Aleksi Lundén's article here.

Real Estate Section


Family Law Committee

The US Constitution's 'Full Faith and Credit Clause': recognition of same-sex marriages

This article considers the US Full Faith and Credit Clause's stipulation that states must recognise common-law marriages when such marriage is valid in a sister state. The Clause has been instrumental in the development of family law, and has been subject to judicial reflection in recent rulings concerning same-sex marriages, which have been recognised by one state but are deemed invalid by another jurisdiction.

Read Zia Akhtar's article here.

Family Law Committee