North American Regional Forum Publications

North American Regional Forum Publications

The North American Regional Forum publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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From the Editor, October 2018
A welcome message from Mark I Dunaevsky for the Committee’s October 2018 batch of articles.
Legal regulation in Canada: the changing landscape
Significant regulatory reforms are underway across Canada that focus on enhancing our ability to regulate in the public interest, while engaging lawyers in working with regulators to do so, rather than seeing us solely as the reactive ‘disciplinarian’.
Forum shopping: Canada’s Supreme Court potentially reins in libel tourism
In the internet age, the potential exists for defamation claims to be filed around the world. In an effort to restrict potential lawsuits in disperse jurisdictions, the Supreme Court of Canada issued a decision on 8 June 2018 in Haaretz.com v Goldhar 2018 SCC 28, which changes the rules for bringing cases in the Canadian courts. Even if there is jurisdiction simpliciter to bring a claim, a close review of relevant factors in the case may result in deference to a different forum and jurisdiction.
The Delaware Certificate of Adoption of Transparency and Sustainability Standards
The marketplace needs information about whether a company is committed to sustainability, and, if so, what they are doing about it. Delaware’s Certificate of Adoption of Transparency and Sustainability Standards attempts to provide that information.
What to do now if you want to sell your company
Before starting the process of soliciting potential buyers, how does a company prepare for a sale so it is best positioned for a positive outcome?
New Jersey clarifies surrogacy laws 30 years after Baby M
On 30 May 2018, Governor Phil Murphy signed into law the ‘New Jersey Gestational Carrier Agreement’, PL 2018, c 18 (C9:17-60 et al). The new law authorises gestational carrier agreements under which a woman agrees to carry and give birth to a child with whom she has no genetic relationship and who is created using assisted reproduction on behalf of an intended parent.
The United States Tax Cuts and Jobs Act
The United States Tax Cuts and Jobs Act, signed into law by President Trump on 22 December 2017, created a so-called ‘transition tax’ on the earnings and profits of non-US corporations owned by US persons.
On the trail of woman in gold and monuments men - North American Regional Forum, July 2018

The North American Regional Forum scholarship winner article by Aditya Deolekar.
Editor's note - North American Regional Forum, April 2018

Mark I Dunaevsky provides an Editor's note for North American Regional Forum's March/April 2018 collection of articles.
Oil and gas reserves and resources: a hurdle to calculate damages in energy arbitrations? - North American Regional Forum

In international arbitration, the claimant aims to obtain relief for the wrong it has allegedly suffered. Damages in energy arbitrations are not always straightforward to calculate, determined on the basis of the company’s reserves and resources, which are difficult to measure. Marine de Bailleul examines the complexities surrounding this calculation.
Canada’s global CSR cop? The proposed Canadian ombudsperson for responsible enterprise - North American Regional Forum

On 17 January 2018, the Government of Canada announced the creation of an independent Canadian Ombudsperson for Responsible Enterprise, which will replace the existing Extractive Sector Corporate Social Responsibility Counsellor and marks a major shift in Canada’s approach to CSR norms and policies.
Caribbean citizenship programmes substantially reduce contribution amounts - North American Regional Forum, April 2018

Last October, the North American Regional Forum, among other Committees, hosted a panel discussion that honoured its title in a very peculiar manner. The panellists’ discussion led the participants to break intellectual walls, by making remarks that urged us to challenge assumptions we hold and, in the words of the panellist governor Gary Locke, understand that international trade is a cornerstone of our modern world.
New regulatory scheme for ‘inside-the-fence’ projects in Mexico: a tough taco to swallow - North American Regional Forum, April 2018

The Mexican electricity regulator has recently published a set of interpretation criteria that affects the regulatory aspects of inside-the-fence development projects in the country.
Breaking down or building up walls - North American Regional Forum article, December 2017

Last October, the North American Regional Forum, among other Committees, hosted a panel discussion that honoured its title in a very peculiar manner. The panellists’ discussion led the participants to break intellectual walls, by making remarks that urged us to challenge assumptions we hold and, in the words of the panellist governor Gary Locke, understand that international trade is a cornerstone of our modern world.
Particularities of the regulation of trade secrets in Mexico - North American Regional Forum, November 2017

Trade secrets constitute valuable assets for the persons and companies that keep them. While it has been contended that their existence and protection may actually have a negative effect with respect to the industrial property system, the effective protection of trade secrets is important for the advancement of markets and economies.
From the Editor - North American Regional Forum e-bulletin, November 2017

The North American Regional Forum Editor presents the December 2017 North American Forum e-bulletin. Every issue includes articles from lawyers all across North America and this issue is no exception, featuring insights from attorneys in Canada, the United States and Mexico.
From the Co-Chairs - North American Regional Forum e-bulletin, November 2017

From the Co-Chairs of the North American Regional Forum: For this e-bulletin, we received tremendous contributions from our members, which cover a wide range of topics from distributing recreational cannabis in Ontario to renegotiating North American Free Trade Agreement, from the regulation of trade secrets in Mexico to dealing with the United States government as a buyer, and from constitutional reforms in Mexico to ‘first-in-the-nation’ cybersecurity regulations in New York.
New York's cybersecurity regulations for financial services companies - North American Regional Forum, November 2017

On 1 March 2017, 'first-in-the-nation' cybersecurity requirements for banks, insurance companies and other financial institutions regulated by the New York State Department of Financial Services became effective. This article covers the wide-ranging impact on nearly 1,900 banking and other financial institutions with assets of more than $2.9tn and nearly 1,700 insurance companies that do business in New York with assets exceeding $4.2tn.
New Mexican constitutional reforms - North American Regional Forum, November 2017

New Mexican constitutional reforms - North American Regional Forum, November 2017 Description of article: Luis Alejandro Casarín López details new Mexican constitutional reforms, which include due process, the right to swift and effective rule of justice and the power for Congress to create a single procedural code in civil and family matters.
Planned monopoly Ontario Government in retail and distribution of cannabis in the province, October 2017

The Canadian Government has widely publicised its plan to legalise recreational cannabis, effective 1 July 2018. In September, the Government of Ontario unveiled its much-anticipated comprehensive plans for retail distribution and regulation of the sale of federally legalised cannabis, which involve restricting retail sales of recreational cannabis to standalone outlets run by the Liquor Control Board of Ontario
Renegotiating NAFTA: labour and labour standards – a deal-breaker, October 2017

The renegotiation of the North American Free Trade Agreement (NAFTA), the trade bloc currently generating over US$1tn annually in international exchange, could have a negative impact on its success. Labour regulations - an important topic of discussion 20 years ago – could now prove to be one of the most important possible deal-breakers for the new NAFTA
Selling to, dealing with and resolving disputes against the biggest purchaser of goods and services in the world, October 2017

The United States Government is the biggest purchaser of goods and services in the world, a fact that may present many opportunities to clients and businesses throughout the world. The vast majority of this expenditure goes to US contractors and subcontractors, but, except for certain classified programmes and contracts, these contracts and subcontracts are open to competition from non-US companies from the majority of other nations on substantially equal terms and conditions
North American Regional Forum Committee newsletter, September 2017

The September 2017 issue of the North American Regional Forum Newsletter. Looks at issues including: international trade after President Trump’s election and Brexit; food fraud; the legal challenges associated with artificial intelligence; regulatory challenges for IoT products; changes to Ontario employment laws; Ontario’s new International Commercial Arbitration Act and the Fintech industry in Mexico. IBA members click link to log in and download
North American Regional Forum Committee newsletter, May 2017

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North American Regional Forum Committee newsletter, September 2016

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North American Regional Forum Committee newsletter, March 2016

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North American Regional Forum Committee newsletter, September 2015

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Class and collective actions in Austrian litigation - North American Regional Forum newsletter article, May 2015

In October 2014, the seasonal meeting of the New York State Bar Association’s International Section was held in Vienna, Austria. It explored the topic of ‘Rebuilding the Transatlantic Marketplace’. This article contribution summarises the author’s presentation on collective litigation in Austria in section I and on the potential of class arbitration in Europe in section II.
Arbitration under the Mexican energy reform - North American Regional Forum newsletter article, May 2015

Modern arbitration in Mexico commenced with the reforms to the Mexican Commercial Code in 1989 and with the incorporation of the UNCITRAL Model Law on International Commercial Arbitration in 1993. Since that date, project agreements with state entities such as Petróleos Mexicanos (PEMEX) and the Federal Electricity Commission (CFE) may be submitted to arbitration.
NLRB counsel’s position raises concerns among franchise operators - North American Regional Forum newsletter article, May 2015

A position taken by the general counsel of the US National Labor Relations Board (NLRB) could have a far reaching impact on US franchisors and raises concerns about the stability of the franchise business model.
Past is prologue: understanding what comes next in 2015 - North American Regional Forum newsletter article, May 2015

Argentina defaulted on its debt in 2001, but the legal drama pitting Argentina against the so-called ‘vulture funds’ continues to play out in US courts.
Argentina’s priority payment on its restructured sovereign debt - North American Regional Forum newsletter article, May 2015

Argentina’s external debt instruments have been a source of litigation before domestic and international courts since it defaulted on $100bn worth of sovereign bonds in 2001–2. The bonds were issued in accordance with a 1994 fiscal agency agreement but as a result of the default, Argentina restructured more than 90% of them through two bond exchanges in 2005 and 2010.
Do not attempt to interfere with potential whistleblowing, warns SEC - North American Regional Forum newsletter, May 2015

In 2014, Sean McKessy, Chief of the Office of the Whistleblower of the United States Securities and Exchange Commission (SEC), warned lawyers against using private contracts such as employment agreements to discourage potential whistleblowers from reporting alleged corporate misconduct to the SEC and other regulators.
North American Regional Forum Committee newsletter, May 2015

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North American Regional Forum Committee newsletter, September 2014

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North American Regional Forum Committee newsletter, December 2014

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North American Regional Forum Committee newsletter, September 2013

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North American Regional Forum Committee newsletter, April 2013

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North American Regional Forum Committee newsletter, September 2012

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North American Regional Forum Committee newsletter, May 2012

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North American Regional Forum Committee newsletter, September 2011

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North American Regional Forum Committee newsletter, April 2011

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North American Regional Forum Committee newsletter, October 2010

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Business Law International

Published by the IBA’s Legal Practice Division, Business Law International covers the latest developments in all areas of business law across the globe, from M&A to employment, competition to tax, offering rigorous comparative analysis of how the law affects business in different jurisdictions and across borders.
Competition Law International

Competition Law International is the journal of the Antitrust and Trade Law Section of the IBA. It provides an insight into international competition law issues with articles that are of practical interest. Published twice a year, the journal reaches over 1,400 competition law practitioners worldwide.