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Committee publications

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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

Post Covid Foreign Investment Controls: Protectionism v 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

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

Private equity: the rise of ESG considerations

This article discusses environmental, social and governance (ESG) and investment decision-making, the factors to be considered, and the key ESG considerations for private equity decision making.

Released on Sep 5, 2022

Letter from NARF Chair – September 2022

Released on Sep 5, 2022

Digital businesses and analogue challenges: start-up losses incurred in web-based businesses

The application of traditional tax rules is strained by the extension of internet technology to virtually every facet of business and our personal lives. In Kellett v Commissioner, the United States Tax Court updated traditional rules regarding the deductibility of start-up losses for a technology entrepreneur. This article explores how US tax rules are being adapted to 21st century businesses.

Released on Sep 5, 2022

Post-AK Futures: what lies ahead for hemp-derived psychoactive cannabinoid products?

This article summarises the Ninth Circuit’s recent decision in AK Futures and considers industry-wide impacts on the potential legalisation of delta-8 THC products derived from industrial hemp.

Released on Sep 5, 2022

Interview with Michael Maya – September 2022

Michael Maya has been the Director for IBA’s North America Office for almost ten years. In this interview he shares his insights on the future of the rule of law, why he is so passionate about it and how IBA members and the new generations can get more involved in promoting the rule of law. Michael also talks about the main contributions from the IBA to the legal community and some of the lessons he learned from Africa, among other fascinating views.

Released on Sep 5, 2022

Corporate income tax in Uruguay: is this the end of the so-called 'principle of the source'?

As a result of certain questioning from the European Union, a debate has begun in Uruguay in connection with the so-called 'principle of the source'. In accordance with such a principle, Uruguayan companies are only taxed on locally sourced income. Foreign-sourced income is, as a general rule, excluded from corporate income tax. The EU admits the validity of the above principle, though subject to certain substance requirements. The Uruguayan Executive Branch has recently made public a draft bill that would keep in force the principle of the source, provided that local companies were in compliance with such substance requirements.

Released on Sep 2, 2022

Internal investigations: recent developments

More and more over the recent years, with a trend that has crossed the borders of common law jurisdictions and has reached those of civil law, criminal law is becoming not only a matter of judicial defence of a case but also, especially in the corporate world, a matter of preventing misconducts and, in the case of those that have been committed, a matter of prompt and effective collection of items of evidence for their ascertainment.

Released on Sep 2, 2022