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From the Co-Chairs, October 2021

Greetings to all our North American Forum members. We hope that you are all safe and well during these challenging times. We are also hopeful that the worst of Covid-19 is behind us and we will soon be able to meet again in person.

Released on Oct 21, 2021

What you don't know about NFTs could hurt you: non-fungible tokens and the truth about digital asset ownership

Non-fungible tokens, or NFTs, are currently in the midst of the type of hype-cycle last seen in the blockchain/crypto world when initial coin offerings (ICO) were all the rage. On 11 March 2021, an NFT associated with a piece of digital art sold at auction at Christie’s for $69m. Other NFTs, such as one based on Jack Dorsey’s first Tweet, are selling for millions as well and there is an active secondary market for some NFTs which can drive prices up quickly after the initial sale. One of the key questions, especially for anyone focused on the legal issues raised by NFTs, can be posed in simple terms: What does a purchaser really own when he or she buys an NFT?

Released on Oct 8, 2021

More ‘Americanization’ of discovery? The fate of Section 1782 remains unsettled

In recent years international lawyers have grown increasingly concerned about the burdensome ‘Americanization’ of discovery in global disputes. The United States Supreme Court recently lost an opportunity to decide the fate of one of the most direct forms of such ‘Americanisation’ – whether parties in private commercial arbitration can seek discovery in US courts under Section 1782. Divisive litigation over Section 1782 will now continue until the Supreme Court resolves the issue and the circuit split.

Released on Oct 8, 2021

Is there a first amendment right to tweet?

Companies have already imported relatively restrictive European Union privacy rules into the United States. Now, the upcoming Digital Services Act in the EU may force social media companies to import relatively restrictive speech rules too.

Released on Oct 7, 2021

Covid-19: A new challenge for corporate governance

According to Vázquez-Palma, corporate governance should be understood as the way in which companies are directed and controlled; it is the rules, principles and procedures that regulate the structure and functioning of the Governance bodies of business companies. But what benefits does corporate governance provide? What must our corporate governance rules establish? This article answers these questions whilst highlighting opportunity areas and recommendations.

Released on Oct 7, 2021

What is a risk-based approach?

One of the most common phrases in corporate ethics and compliance is ‘a risk-based approach.’ What does it mean? How do you run a compliance programme every day when you use it?

Released on Oct 7, 2021

Comparative corner - Autumn 2021

A light-hearted (non-academic) comparative discussion of the laws of Canada, Mexico and the United States, by lawyers from each of the three countries. This edition’s discussion focuses on a broad comparative overview of the legal systems.

Released on Oct 7, 2021

Manuela de la Helguera interviews Juan Pablo Hugues

Juan Pablo Hugues is a Mexican attorney currently working in – and loving – Washington DC. He formally represents sovereign entities in international disputes. But he also runs and eats a lot and spends as much time as possible with his wife, family and friends. His success is the result of dreaming big and working hard. He is going wherever the destiny he builds takes him. In this inspiring interview, Juan Pablo shares some insights of his successful career in public international law (PIL).