Digital Market Act- and Digital Services Act-like bills of law are being discussed in the Brazilian National Congress. At the same time, the Brazilian Supreme Federal Court is close to ruling the leading case on a platform’s liability for user-generated content.
Released on Jul 24, 2023
In an era where digital has become the cornerstone of human society, cybersecurity has encountered unprecedent focus. Recognising the importance of ensuring security and the specific challenges of the electronic communications sector, the European Union has been establishing a robust legal framework, demanding a proactive and evolving approach against increasing and evolving cyber threats. However, cybersecurity is not a static field and, with technology continually advancing, this legal framework is constantly evolving, posing challenges to organisations.
Released on Jul 24, 2023
The deployment of 5G network-based solutions and the increasing use of IoT technologies (in multiple fields, from healthcare to smart cities, industry and agriculture) have driven the demand for private connectivity systems. Despite establishing different regimes, the EU Electronic Communications Code (EECC) does not clearly distinguish between publicly accessible and non-publicly accessible electronic communications services.
Released on Jul 24, 2023
In this feature, the first of two parts, Global Insight assesses the legal issues associated with conventional fuels – oil, gas, coal and nuclear – when it comes to responding to the ever-worsening climate crisis and the urgent need for energy transition.
Released on Jul 19, 2023
In recent years, Pakistan has experienced rapid growth and innovation in fintech, reshaping the landscape of financial services within the country. This article aims to discuss the regulatory framework governing fintech in Pakistan.
Released on Jul 18, 2023
A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.
Released on Jul 18, 2023
Starting in 2024, for the first time the United States Corporate Transparency Act will require millions of companies to report to the Treasury Department about their principal beneficial owners and controlling persons. Non-exempted business entities formed or registered in the US and in existence after this year must furnish specified identifying information to a federal database, which will be open to relevant governmental authorities and (in connection with KYC and AML diligence) financial institutions, though not to the general public. Affected companies should act promptly to comply with the CTA.
Released on Jul 18, 2023
Released on Jul 17, 2023
The biodiversity loss theme is growing on the international sustainability agenda; is this a trend that has come to stay? How does it align with demands on climate change?
Released on Jul 10, 2023
In May 2023, Pakistan’s Ministry of IT & Telecom introduced a Draft National AI Policy (Policy) as part of its Digital Pakistan vision. This article explores the Draft National AI Policy, highlighting its objectives, targets, implementation framework, and the significance of addressing ethical considerations.
Released on Jul 6, 2023
In recent months, the development of artificial intelligence (AI) systems – with Chat GPT as its representative icon – marked a significant milestone due to its unsuspected advances from less than a year ago and the exponential growth of its use. This has resulted in global reactions from governments, academics and, as far as lawyers are concerned, a sort of legislative rally in attempting to regulate it.
Released on Jul 6, 2023
The pharmaceutical supply chain in India has traditionally relied on small neighbourhood pharmacies for last-mile distribution. Such pharmacies have proliferated to the point where there is often one on each street, and several within a square mile, in every city. Access to brick-and-mortar pharmacies has therefore generally not been a problem in India, at least in most urban areas, and the industry has prospered over the years.
Released on Jul 6, 2023
Operational risks in the financial sector are traditionally addressed by enhancing financial resilience through capital adequacy requirements or prudential oversight. Given the increased digitalisation and interconnectedness of financial institutions, the European Union has created a regulatory framework which is essentially aimed at preventing and mitigating ICT-related incidents and cyber threats via targeted rules on ICT risk management capabilities, reporting and testing and third-party risk monitoring.
Released on Jul 6, 2023
Artificial intelligence (AI) has started to become established in major legal sectors worldwide. However, risks of algorithmic biases remain real concerns, particularly for the global legal sector. This article explains the most evolved use-cases of AI in the legal sectors, associated risks and the contemporary global deliberations concerning statutory regulation of AI across significant jurisdictions, suggesting the necessity of human intervention in handling the complexities of such systems.
Released on Jul 6, 2023
The recent announcement made by Apple regarding the upcoming release of their new mixed reality headset, known as Apple Vision Pro, has sparked high expectations for its potential applications in healthcare. However, alongside these expectations, legal and ethical concerns have emerged. The fundamental question revolves around the potential benefits of augmented reality and virtual reality devices in the healthcare sector and their impact on critical areas such as privacy, security, and ethics.
Released on Jul 6, 2023
This session focused on general partner (GP)-led secondary transactions, where a fund's GP sells an asset of a fund to a continuation fund (CF) managed by the same GP. The main economic rationale behind these transactions is enabling willing investors to continue exposure to well-performing assets, while allowing new investors into the CF.
Released on Jul 4, 2023
By Fernando Mantilla-Serrano, former Co-Chair, IBA Arbitration Guidelines and Rules Subcommittee. The 2020 IBA Rules of Evidence, the second revision of the IBA Rules of Evidence since their inception in 1999, is a thoughtful and delicate exercise in fine-tuning the Rules and ensuring their continued alignment with evolving best practices in international arbitration.
Released on Jun 30, 2023
By Álvaro López de Argumedo Piñeiro, former Co-Chair of the IBA Arbitration Guidelines and Rules Subcommittee. The 2020 review of the IBA Rules on the Taking of Evidence in International Arbitration applied the ‘if it ain’t broke, don’t fix it’ maxim. The existing rules had achieved a successful balance between civil and common law traditions, as reflected in the 2016 IBA report on the reception of the IBA arbitration soft law products. This meant that only minor changes were required, mainly to adjust the rules to new and already widely accepted trends in international arbitration, and to take into account the technological challenges facing the arbitration community.
Released on Jun 30, 2023
The 2020 Revisions to the IBA Rules of Evidence made relatively few changes, but there are several of which practitioners should be aware. This article, by Joseph Neuhaus and Nathalie Voser, former Co-Chairs of the IBA IBA Arbitration Guidelines and Rules Subcommittee, recounts the history of the IBA Rules and highlights the authors’ choices of the most significant changes, including provisions for remote hearings and for objections on the ground that evidence was illegally obtained. The article also discusses several clarifying provisions, such as a clause providing that the tribunal may order oral direct testimony even where witness statements stand as direct testimony. The authors also discuss certain topics that the 2020 revisions intentionally did not address.
Released on Jun 30, 2023
Guido Tawil, former Arbitration Committee Chair and member of the IBA Rules of Evidence Review Subcommittee, revisits the 2010 revision of the 1999 Rules
Released on Jun 30, 2023
Former IBA President and former Chair of the Arbitration Committee, David W Rivkin, remembers the origins and development of the IBA Rules on the Taking of Evidence, first published in 1999.
Released on Jun 30, 2023
This panel discussion focused on two main topics: hybrid issues and initial public offerings (IPOs). First, hybrid issues were discussed from a legislative point of view, but also in an international context where such hybrid issues can lead to the unfavourable treatment of foreign investors. Second, IPOs and their tax implications were examined from the perspective of different jurisdictions, namely Italy, the Netherlands and Switzerland.
Released on Jun 29, 2023
Clients facing criminal tax investigations are not only looking to defeat the potential charges on the merits, but on any grounds that convince a government not to pursue criminal charges against the particular individual or entity. This panel addressed the potential arguments for declinations of criminal tax charges and alternatives to criminal tax convictions, such as non-prosecution agreements and deferred prosecution agreements.
Released on Jun 29, 2023
This session’s panel discussed: (1) the potential implications in connection with the upcoming implementation of the Organisation for Economic Co-operation and Development’s (OECD) Pillar Two Model Rules in deal structuring, purchase price determination and contracts; (2) tax insurance solutions to address the tax risks in mergers and acquisitions (M&A) transactions; and (3) the determination of the appropriate jurisdictions in corporate redomiciliations.
Released on Jun 29, 2023
'The purpose of making ESG a presidential priority is to ensure that the international legal community plays a significant role on ESG and thus helps create a positive and enduring change in the world. We shall once more use the law as an instrument of change. To advance our goals, we identified six main areas of work: the ESG resource hub, specialist conferences, training through IBA webinars, education, collaboration with other institutions, and reviewing internal IBA policies and practices.'
Released on Jun 29, 2023
Exit strategies play a crucial role in private equity transactions, encompassing both venture capital and leveraged buyouts (LBOs). The exit phase represents the culmination of founders’ efforts and sacrifices, while investors realise the anticipated value appreciation from their initial investment. Various exit routes can be considered, including an initial public offering, sale to an industry player, or a secondary LBO where another fund invests alongside management in a holding company, facilitated by substantial debt financing.
Released on Jun 28, 2023
The panel focused on the complexities expected to arise from the Organisation for Economic Co-operation and Development’s Pillar Two rules and the US Global Intangible Low Tax Income (GILTI) and book minimum tax provisions.
Released on Jun 28, 2023
The phenomenon of ‘work from anywhere’ (WFA) engagements, specifically digital nomads, has significantly increased since and due to the Covid-19 crisis. However, employers have yet to keep up with the pace and take control of it. WFA is not merely a romantic phenomenon but rather a situation that requires prior careful legal analysis and preparation. This article analyses and tackles this growing method of engagement, demonstrating the importance of a comprehensive policy to regulate it for the benefit of both employers and employees. As always, knowledge provides power.
Released on Jun 23, 2023
This report covers the IBA Access to Justice and Legal Aid Committee’s session titled ‘Sustainability focus: Access to climate change justice for our most vulnerable citizens’ at the 2022 IBA Annual Conference in Miami, Florida, on 1 November 2022.
Released on Jun 21, 2023
The ‘S’ pillar in ESG focuses on practices related to diversity, anti-discrimination, health and safety in the workplace, and modern slavey. The eradication of modern slavery is one of the most important aspects for companies to consider, especially in Brazil where labour authorities have been paying great attention to modern slavery in supply chains.
Released on Jun 20, 2023