Committee publications
The coordination of family care tasks and employment in Argentina
Argentine national authorities implement measures to redistribute care tasks and remove inequalities that derive from its traditional unequal distribution.
Released on Sep 27, 2022
Nanotechnology in healthcare
Nanotechnologies present a major innovation opportunity for the healthcare sector. Their use is increasing in drug and medical device development, as was reinforced by the deployment of messenger RNA vaccines against Covid-19. However, their medical applications are still underdeveloped globally and prompt concern about their safety. This article shares some insights into the evolving legal framework governing the use of nanotechnologies in healthcare at a European and French level.
Released on Sep 27, 2022
British Virgin Islands economic substance: investigation and enforcement procedures
This article discusses the approach being taken by the BVI International Tax Authority to monitor entities’ compliance with the BVI economic substance regime and related amendments to the International Tax Authority Act in 2022.
Released on Sep 27, 2022
Insurtech and digitalisation of the insurance sector: the first steps of the Italian regulatory sandbox
In 2021 Italy established its first regulatory sandbox for insurance, financial and banking sector innovations. In March 2022 the first insurance-related project was approved. Given the relevance of this regulatory market development, this article outlines the relevant legal frameworks envisaged for these initiatives and analyses the first approved project, which is a blockchain-based registry for ownership and policies for unregistered velocipedes.
Released on Sep 27, 2022
Italy: recent legislative steps towards gender equality in the workplace
On 18 November 2021, law No 162 of 2021, ‘Amendments to the code referred to Legislative Decree No 198 of 11 April 2006, and other provisions on equal opportunities for men and women in employment’ (Equal Pay Law) was published in the Official Gazette, providing important new regulations on discrimination and gender equality in the workplace. Its aim being to reduce the gender pay gap and encourage women’s participation in the labour market. The new legislative affects Legislative Decree No 198 of 2006 (the ‘National Code of Equal Opportunities between Women and Men’) by expanding existing text and introducing new articles.
Released on Sep 27, 2022
Construction Law International - September 2022
Released on Sep 27, 2022
How to achieve an equal workplace for transgender employees in Brazil
Approaching the transgender discussion in Brazil from a labour and employment perspective highlights circumstances which may be challenging for companies and employees, especially as there are no specific laws regulating how companies should proceed on a day-to-day basis to promote a workplace free of discrimination. Companies may however, adopt various practices based on case law to provide an equal workplace, respecting the fundamental rights of transgender people, including their right to work.
Released on Sep 26, 2022
Diversity and Equality Study of the Northern Ireland Solicitor Profession
Released on Sep 22, 2022
Post Covid foreign investment controls: protectionism versus globalism
In this session at the 37th International Financial Law Conference in Venice, the Co-Chairs and the four expert panellists shared perspectives and comments on two main areas that may have a significant impact on deal flows and their financing due to the increased tendency towards national government intervention on the grounds of protecting national security: (1) sanction policies when the protection of national security is derived from a genuine reason; and (2) the growth of foreign investment controls in Europe.
Released on Sep 22, 2022
Singapore repeals section 377A: A bittersweet victory
This article looks at Singapore’s recent decision to repeal section 377a of the Penal Code, thus decriminalising same-sex conduct between men, and the subsequent statement from the government on whether the definition of marriage will change following the repeal.
Released on Sep 20, 2022
Legal Practice Division General Meeting Agenda
Released on Sep 20, 2022
Selected financing topics
The conference’s second interactive workshop touched on selected financing topics, which were discussed in separate tables led by moderators. Each table worked on different questions around the selected topic and drew conclusions which were then shared with the entire audience. The following matters were discussed and presented:
Released on Sep 20, 2022
Meeting of the Western and Israel Regional Group in Brussels
An account of the meeting between the Western and Israel Regional Group in Brussels in August.
Released on Sep 15, 2022
Limits to compliance officers’ criminal liability in Brazil: the role of compliance in the society of risk
Modern society is a society of risk. This phenomenon was first described by Ulrich Beck as being a consequence of the modern society. According to Beck, risk is omnipresent because society is increasingly occupied with debating, preventing, and managing risks that it has itself produced. One of the consequences of the risk society phenomenon is the development of new criminal doctrines which seek to maximise prevention in the face of new criminal threats (‘criminal law for risks’).
Released on Sep 14, 2022
Jurisdiction and powers of international arbitral tribunals when dealing with allegations of corruption
Arbitrators are regularly confronted with corruption issues either because corruption has been alleged by one of the parties or because certain facts lead to a suspicion of corruption. This article aims to understand the role of arbitrators in the global fight against corruption including whether they have jurisdiction to decide on those issues and whether they can investigate those matters sua sponte.
Released on Sep 14, 2022
Q: ‘Did you conduct an internal investigation at the time?’ A: ‘By virtue of which text?’
‘Did you conduct an internal investigation at the time?’ This is how an investigating judge questioned our client during a first appearance hearing concerning 20 year-old facts.
Released on Sep 14, 2022
Brazilian government sales: how to address risks in integrity programmes
The government or public sector, is one of the most important clients, if not the major client for a significant number of companies doing business in Brazil. This means that companies are constantly exposed to the intricacies of government sales and to its risks.
Released on Sep 14, 2022
Dos and don’ts when conducting cross-border internal investigations in Latin America
This article analyses key challenges which could be faced when conducting a cross-border internal investigations involving Latin American jurisdictions. It also provides insight into some of the best practices to adopt when organising and launching such an investigation.
Released on Sep 14, 2022
The case for an international anti-corruption court
Grand corruption – the abuse of public office for private gain by a nation’s leaders (kleptocrats) – is a major barrier to meeting the UN Sustainable Development Goals, responding effectively to pandemics, fighting climate change, creating a level playing field for ethical international businesses, promoting democracy and human rights, establishing international peace and security, and securing a more just, rules-based global order.
Released on Sep 13, 2022
Disappearing messages: updating best practices
Released on Sep 13, 2022
Bridging the UNCAC gap: India’s need for legislation banning the bribery of foreign public officials
Following its ratification of the United Nations Convention against Corruption, India’s parliament has sought to implement various legislative reforms to fulfil its obligations under the Convention. While several attempts have been made to introduce legislation banning the bribery of foreign public officials, none have so far been successful. This article conducts an analysis of India’s latest attempt at promulgating such a law through the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2019.
Released on Sep 13, 2022
Comparative Corner: drone laws in Mexico, Canada and the United States
In this edition of the IBA North American Regional Forum Newsletter, three drone lawyers – Edmundo Olivares Dufoo of Flores, Olivares, Cobián Abogados y Consultores (Mexico), Zain Hemani of Osler, Hoskin & Harcourt (Canada), and Michael J Lambert of Haynes and Boone (United States) – will provide a comparative overview of drone laws in Mexico, Canada and the US.
Released on Sep 13, 2022
News from around the world – Australia
Australia’s franchising sector has recently undergone a period of change. With the intention to promote fairness and transparency in the sector, Australia’s Franchising Code of Conduct has been updated by the Australian government three times since May 2021. This has resulted in a need for franchisors to ensure their franchise agreements and Disclosure Documents are compliant with the amended Code and that they following all processes and requirements set out in the Code.
Released on Sep 12, 2022
Report on the IBA-VIAC Consensual Dispute Resolution Competition 2022
This report aims to summarise the development of the 2022 edition of the IBA-VIAC CDRC Vienna Mediation and Negotiation Competition. The competition is organised by the IBA Mediation Committee and the Vienna International Arbitral Centre.
Released on Sep 9, 2022
An update on the ERF Mental Wellbeing Working Party
If we did a poll asking about the quality of the working environment within the practice group in which you work, what would be your response and the response of the other individual members of your group? More specifically what would be the response if you were asked to rate this working environment in creating a high performing team that cultivates a strong sense of connection/engagement with co-workers and a shared vision whilst supporting the mental wellbeing of its members?
Released on Sep 8, 2022
Digital assets: how to decipher a cryptic phenomenon?
The panel on digital assets at the 37th International Financial Law Conference in Venice was co-chaired by Dirk Bliesener, Vice-Chair of the IBA Banking Law Committee and partner at Hengeler Mueller in Frankfurt, and Benjamin Leisinger, member of the IBA Securities Law Committee and partner at Homburger in Zurich. It began by examining some of the fundamentals of crypto markets and the different asset standards.
Released on Sep 7, 2022
The Merchant of Venice: Shylock’s appeal
At the 2022 International Financial Law Conference in Venice, delegates crowded the Appellate Chamber of the Venetian Republic to bear witness to a legal occasion hundreds of years in the making: Shylock’s appeal.
Released on Sep 7, 2022
Are stock-for-stock public offers feasible in spite of burdensome prospectus regulations?
A report on a joint session of the Banking Law Committee and the Securities Law Committee at the 37th International Financial Law Conference in Venice. The session began with a case study of an M&A transaction involving a listed acquirer and the (partial) payment of shares in the listed entity as consideration.
Released on Sep 7, 2022
Young Lawyers’ Programme – Decentralised finance: unlimited applications and a huge challenge for traditional financial infrastructures
This panel discussion, at the 37th International Financial Law Conference in Venice, was devised to attract young lawyers’ interest with an informal combination of different perspectives and experiences on one of the most exciting financial topics nowadays, ‘decentralised finance’ or the so-called ‘crypto universe’, which has unlimited applications and represents a huge challenge for traditional financial infrastructures.
Released on Sep 7, 2022
Diversity session (37th International Financial Law Conference)
A report on a joint session of the Banking Law Committee and the Securities Law Committee at the 37th International Financial Law Conference in Venice, on the theme of diversity and inclusion.
Released on Sep 7, 2022