Publications for Young Lawyers' Committee

From the Co-Chairs, Young Lawyers' Committee, October 2020

A note from the Co-Chairs of the Young Lawyers' Committee, October 2020.

How now, purple cow? What Fintechs can teach the legal profession about being remarkable

In an era of relentless innovation and disruption, are lawyers keeping pace with the rest of the world, or do they need to create purple cows? In this essay, submitted as part of the IBA Senior Lawyers’ and Young Lawyers’ Committee Scholarship, Stella Loong discusses what the legal profession can learn from Fintechs.

How now, purple cow? What Fintechs can teach the legal profession about being remarkable - Young Lawyers' Committee

In an era of relentless innovation and disruption, are lawyers keeping pace with the rest of the world, or do they need to create purple cows? In this essay, submitted as part of the IBA Senior Lawyers’ and Young Lawyers’ Committee Scholarship, Stella Loong discusses what the legal profession can learn from Fintechs.

Artificial intelligence is not the future, but the present

For good or bad, the digital revolution is transforming the world. The legal profession is not untouchable. Our duty is to promptly embrace the challenge, engage in the conversation and make sure that this will enhance our practice rather than make us obsolete.

Post-Covid-19 practice for young lawyers: an entrepreneurial partner or a technological associate?

An article looking at the world of work for young lawyers in the post-Covid-19 landscape, and the advantages they have.

The impact of Covid-19 on the legal profession in Nigeria

Covid-19 has had a devastating impact on all sectors of Nigerian society and the legal profession has not been exempt from this fallout. In March 2020, the Nigerian President announced a total lockdown of Abuja and Lagos, which was eased on 4 May. Lockdown meant that all non-essential businesses closed, including law firms.

Monetary claims and ADR under French Law: when must you try out-of-court settlement before issuing a claim?

As a result of the Covid-19 pandemic, from one day to the next the courts were out of the parties’ reach. ADR was thrown into the spotlight in France. However, a 2019 Civil Procedure Reform had just restricted the scope of the parties’ obligation to try out-of-court settlement of low-value monetary claims, thereby confirming the courts’ well-established interpretation of the non-binding nature of ADR.

New court precedents in the Mexican energy sector benefiting private companies

An article looking at new court precedents as part of the Mexican Energy Reform, and whether the law that regulates the newly-created agencies can be declared unconstitutional or not based on their impact on private energy entities.

Impact of Covid-19: trending legal topics and challenging scenarios

The Covid-19 healthcare crisis has had a direct impact on the legal field which has been translated into new regulations issued ad hoc by different governments. A challenging new situation has arisen for entrepreneurs, politicians and legislators, as well as for lawyers who must help their clients in this ‘new’ reality.

Byzantine legislation: a disease abounded by the pandemic

This article addresses a structural problem in Ecuadorian labour regulations: their detachment from economic reality and the perspective that legal norms can, in and of themselves, create conditions of wellbeing. It explains the implications of hyper-regulation of the labour system, its rigidity and its inflexibility in the face of an emergency such as the Covid-19 pandemic.

Covid-19 and the change of circumstances in comparative contract law

Covid-19 has put the doctrine of change of circumstances in contract law at the centre of the debate. The European picture is divided in terms of legislative or case law regulation. Reliance on legislation or case law on this matter might prove to be insufficient to protect the interests of the parties in times of crisis

The role of a business lawyer in Volatile, Uncertain, Complex and Ambiguous situations

This article is about the role of business lawyers in Volatile, Uncertain, Complex and Ambiguous (VUCA) situations. First, it refers to the internal crises and how to maintain solidarity and keep the machine working. Then, it analyses how we can help our clients not only during the crisis peak, but also before any crisis.

Delivery of justice in the time of Covid-19

The Covid-19 pandemic has had a negative impact on most businesses and on the legal profession. Court hearings have been generally adjourned for several months in Hong Kong, with only certain hearings (such as those that are urgent and essential) allowed to proceed. It was against this backdrop, and a need to help courts to continue to deliver justice, that case law to allow remote hearings was decided. The Judiciary subsequently issued guidance notes on remote hearings.

Italy: corporate law updates and innovations

In the first half of 2020 and during the emergency caused by the Covid-19 pandemic, relevant updates and innovations have been introduced under Italian corporate law.

Cost Benefit Reasoning and death risks: thoughts for when the courts are called to solve the pandemic dilemma

This article engages in the ‘pandemic’s dilemma’ on whether to favour policies that protect the economy over public health or vice versa. It focuses particularly on the considerations which courts could apply in deciding on legal actions challenging these measures. The proportionality assessment (a judicial approach to cost-benefit analysis) is suggested as a potentially useful tool.

Are taxes and economic measures connected with the effectiveness of human rights?

The purpose of this paper is to show the connection between taxes, economic measures adopted due to Covid-19 and the effectiveness of human rights. Various actions taken in different countries will be presented as examples, in order to analyse the common ground that can be observed between these points in this particular situation. Certain actions taken in Uruguay will be presented as a particular point of reference.

Covid-19 and its potential effects on contracts

The global health emergency resulting from the spread of Covid-19 and its impact on virtually every sector of the economy is unprecedented. In Argentina, this situation has led to a number of emergency regulations that have had restrictive effects on social and economic activity, as well as on the free movement of people and goods. Fortunately, there are certain legal provisions that provide relief to those affected.

From the Co-Chairs, August 2020

A message from the Co-Chairs of the Young Lawyers' Committee, August 2020.

Covid-19, technology and law: to evolve or to die

In times of social distancing and self-isolation, people have to find ways of keeping their businesses functioning. In this regard, technology has been in the spotlight, as it has been the main tool for keeping the economy afloat in this pandemic. This short article aims to provide a brief overview of how electronic media could ease the processes involved in the world of law.

Covid-19, contractual obligations and force majeure

The Covid-19 pandemic has highlighted the importance of force majeure provisions to repudiate the performance of burdensome contractual obligations, undertaken prior to the pandemic. Unless the parties are able to rely on force majeure provisions, or renegotiate the terms of the contract, they may be liable for a breach of contract caused by Covid-19 or its related state-enforced sanitary and public health measures.

The importance of self-governance in Nicaragua

Covid-19 has affected us all and has effectively changed the way we work and how most of us think about health measures. It has also highlighted how we consume information and where we think that reliable data and recommendations come from. In countries like Nicaragua, where governability is scarce, accurate official information is also limited.

Covid-19 impact on M&A transactions in Colombia

The purpose of this essay is to acknowledge the opportunities derived from the current economic crisis (arising from the Covid-19 pandemic) for potential investors pursuing an M&A transaction in Colombia, as well as the key aspects to take into consideration when drafting and negotiating an M&A agreement in accordance with Colombia´s recent regulations.