Projects and Reports
Due diligence best practices guide - 2018
This project envisages the production of a best practices guide for conducting legal due diligence investigations in the context of merger and acquisition transactions (“Project” and “Guide”, respectively).
The Guide will provide general information as to topics which are relevant in M&A legal due diligence, as well as practical guidance for conducting well organised due diligence processes. The Guide is intended to serve as an overview and baseline to legal practitioners around the world, promoting a broader comprehension of what would be expected by clients and, therefore, helping to improve the quality of due diligence investigations. One of the key purposes of the Guide is to provide a document that is of universal application and utility irrespective of the specific legal regime (although local specifics and requirements would need to be taken into account in the context of a specific transaction or situation).
The Guide will also be of broader assistance through identifying key principles or a useful methodology for other stakeholders who undertake due diligence outside a classic M&A scenario, particularly given the increasing number of situations in which due diligence is being used as a standardised way of identifying and mitigating legal, regulatory and business risk, for example -in advising an investor; business partner looking at counter-party risk; JVs, guarantors, perhaps regulatory applications.
The Project is being led by the Corporate and M&A Law Committee. Other committees involved include: Anti-Corruption, Antitrust, Business Crime, Business and Human Rights Working Group, Corporate Counsel Forum, Corporate Social Responsibility, Intellectual Property and Entertainment Law, Real Estate and Taxes.
For further information on the Project please contact Rodrigo Ferreira Figueiredo, Corporate and M&A Law Committee’s liaison at email@example.com, Angeles Murgier or our Committee’s Officers.
The new regulation of the work of the future - 2018
The International Labor Organization (ILO), a tripartite UN agency and the most important global Institution on matters related to work (it is formed by Governments, Unions and Employers’ Associations from 187 members States), is opening an interesting worldwide debate about "The Future of Work" (FOW) that will be going on until June 2019.
This ILO debate on the FOW not only involves the employment or immigration perspectives, but also such important topics related to the regulation of work as health and safety at work, work and climate change, legal impact of new technologies on the workplace, effects on IP in the relationship employer-employee, consequences for Corporate law of the new forms of work organization and employment relations, the role of criminal law on the new regulation of work, the protection of human rights in the "neo-technological" workplace, etc.
The IBA Legal Practice Division (“LPD”) has agreed that this important debate, regarding its multiple legal dimensions and implications, represents a great opportunity for establishing an institutional collaboration between IBA and ILO. To promote this collaboration the LPD has also agreed to develop this collaboration as a LPD Special Project to be included in the Special Project Think Tank.
Because of the multidisciplinary legal approach of the Project, different LPD and Public and Professional Interest Division (“PPID”) Committees are participating in the Project.
The EHS Committee coordinates the Individual Report to be developed on Environment, Climate Change and Health and Safety Law and the Future Regulation of Work, which will be integrated in an IBA General Report to be presented to the ILO in the last quarter of 2018.
For further information on the Project please contact Salvador del Rey, LPD Council Liaison Officer of the Human Resources Section and Chair of the Advisory Board of the IBA Global Employment Institute, at Salvador.firstname.lastname@example.org, Roger Martella at Roger.Martella@ge.com, or our Committee’s Officers.
Achieving Justice and Human Rights in an Era of Climate Disruption, 2014
Global climate change is a defining challenge of our time. Dramatic alterations to the planet’s climate system are already affecting the world’s inhabitants and its natural environment.
This wide-ranging and comprehensive report from the IBA Presidential Task Force on Climate Change Justice and Human Rights - co-led by Environment, Health and Safety Committee Chair David Estrin - identifies problems and gaps in existing legal, human rights, trade and other institutional arrangements.
It contains a series of new ideas and recommendations to governments and world institutions, such as the World Trade Organization, human rights bodies, international development financing agencies, as well as specific law and corporate governance reforms to aid in the prevention and mitigation of climate change impacts and protect the human rights of vulnerable communities.