The third session of the conference, under the dynamic moderation of María Gabriela Alvarez de la Fuente (Colgate, Mexico), involved an absorbing discussion on current cybersecurity issues affecting clients and law firms. The speakers were Richard Donoghue (Pillsbury Winthrop Shaw Pittman, USA), Antonio Gesteira (FTI Consulting, Brazil), Adriana Prado (FTI Consulting, Brazil), Sergio Torres (Aon, Colombia), and Carlo Verona (Demarest Advogados, Brazil).
Released on Dec 1, 2023
On 4 May 2023, during the IBA Litigation Conference in Buenos Aires, the first session of the conference sought to explore what tech companies are demanding from their lawyers in the new and evolving global economy for legal services. Rodrigo Fermín García of Marval O’Farrell & Mairal, who had compiled an excellent panel of speakers from South America's tech scene, moderated the session. The speakers were Mariana Alvarez Gaiani (JPMorgan Chase Argentina), Daniela Bianchi (Uala), Santiago Gini (OLX), Horacio Liendo (Mercado Libre) and Pamela Moreno (IBM).
Released on Dec 1, 2023
Group proceedings or "class actions" procedure came into force in Scotland on 31 July 2020. For the first time, groups of two or more people with the same, similar, or related claims have a mechanism to raise proceedings as a single action in the Court of Session (Scotland’s highest civil court at first instance being the equivalent of the High Court in England). Since the rules came into effect, the Court of Session in Scotland has certified three groups for group procedure.
Released on Dec 1, 2023
Nearly a quarter of the way into the 21st century, technology continues to be one of the areas where humanity has made the fastest progress. Although the ease of data access is one of the most important opportunities provided by technology, this convenience has negatively affected the right to privacy and created the risk of data being accessible indefinitely. The concept of the right to be forgotten has become prominent in order to strike a balance between privacy of individuals on the one hand and the public interest and freedom of expression on the other.
Released on Dec 1, 2023
Legal firms, like their clients, are required to measure their compliance with ESG. In this article, we focus on one specific area, the 'S' in ESG, and consider whether a longstanding area of legal firm practice, pro bono litigation, can be put into that category. We argue that the social responsibilities of legal firms stretch far beyond pro bono legal work. Also, if pro bono legal services were considered as an obligation to meet ESG compliance, then it would no longer be truly 'pro bono'.
Released on Dec 1, 2023
In Poland, legal rules specifically designed for the initiation and conduct of litigation related to sustainability factors, as we know them today, have not yet been introduced into legislation. However, these factors are to a certain extent protected by the provisions of other branches of law (on which EU law has a great influence, as Poland is bound to EU law).
Released on Dec 1, 2023
The Financial Market Commission has established the first reporting duties applicable to most Chilean open corporations regarding ESG Standards. Through them, the entity requires companies to disclose quality information for investors and stakeholders to evaluate how corporations are dealing with the adoption of ESG matters in their operations. Not only will this likely accelerate the introduction of ESG standards to the Chilean market, but also these measures may increase the likelihood of potential lawsuits filed by shareholders
Released on Dec 1, 2023
Sustainability-focused litigation is gaining momentum across numerous EU nations. As legislation on responsible business conduct emerges, businesses must gear up for revisiting their due diligence code of conduct and their compliance mechanisms in environmental and human rights matters. There is a growing trend to pursue novel causes of action against companies for alleged misconduct not directly attributable to them, but to third parties operating across their value chain, for failing to prevent human rights or environmental breaches.
Released on Dec 1, 2023
Following the Rana Plaza tragedy in Bangladesh on 24 April 2013 , corporate social, environmental and societal issues have been increasingly taken into account both by society and by companies. In France, NGOs, trade unions and elected officials advocated for the creation of a specific regulation extending the civil liability of French parent companies for human rights and environmental violations committed by their subsidiaries or their suppliers, both in France and abroad. After years of legislative debates, French Law No. 2017-399 of 27 March 2017 on the duty of vigilance of parent companies and contracting companies (the “Duty of Vigilance Law” or the “Law”) was adopted on March 27, 2017. Since environmental, social and governance (ESG) topics are increasingly scrutinised, many legal actions have been initiated against French companies by NGOs, trade unions and individuals, on the basis of non-compliance with the Duty of Vigilance Law. No decisions have been issued yet on the merits of these cases. However, since these organisations are very active on social media and in the press, these kinds of legal proceedings have proven to be very detrimental to companies’ reputation and image.
Released on Dec 1, 2023
Across a series of anonymised decisions issued within days of one another, the English Commercial Court (on three occasions) and the Court of Appeal (on one occasion, overturning a decision from the Commercial Court) have considered the availability of anti-suit injunctions (ASIs) in support of Paris-seated arbitrations where court proceedings were commenced in Russia.
Released on Dec 1, 2023
Negotiating the governance rules that are applicable post-closing in a corporate finance transaction is crucial – whether the transaction is a round of funding, an leveraged buyout operation or even an acquisition. This article assesses the process of doing so in France.
Released on Nov 29, 2023
This article assesses recent innovations and the impact of new technologies in the Brazilian financial market.
Released on Nov 29, 2023
Released on Nov 28, 2023
A conference report on the IBA LGBTQI+ Law Committee panels at the IBA Annual Conference in Paris, October–November 2023.
Released on Nov 22, 2023
ESG compliance and green financing are rapidly growing trends, encouraging companies to adopt sustainable practices, improve their environmental performance, and enhance transparency and accountability. As such, traditional financings structures and loan agreements must be updated to incorporate specific ESG-related provisions, while also avoiding the risk of greenwashing.
Released on Nov 21, 2023
This article explores the potential implications of AI tools on education and on the legal profession, including the various approaches that educators and legal institutions can take to optimise a responsible use of AI technology while minimising its limitations.
Released on Nov 20, 2023
The Corporate and M&A Law Committee aspires to be the leading global forum for the education, exchange of know-how and networking of corporate, corporate compliance, private equity and M&A practitioners around the world. They present a series of podcasts with issues specifically related to corporate M&A.
Released on Nov 17, 2023
The Internet of Things (IoT) is a network of interconnected devices and the technology that enables communication between devices and the cloud, as well as between devices themselves. The rapid progress of technology has facilitated the emergence of the IoT. The Pakistan Telecommunication Authority (PTA) has demonstrated a proactive approach in acknowledging the potential of the IoT sector. In order to foster innovation and adhere to global benchmarks, the PTA has developed a regulatory framework for Short Range Devices (SRD) and terrestrial IoT services to facilitate the establishment of a flourishing IoT ecosystem within Pakistan.
Released on Nov 15, 2023
In an increasingly interconnected world, digital infrastructure protection is crucial not only for individuals and organisations, but also for nations as a whole. Recognising the critical need for protecting its digital borders, Pakistan has made an admirable step forward by passing the Computer Emergency Response Team (CERT) Rules, 2023 (‘CERT Rules 2023’). While this legislative framework appears technical, it has far-reaching legal ramifications that go beyond its technical components.
Released on Nov 7, 2023
This article provides one of the key case law updates in Hong Kong with respect to cryptocurrency. While the market sentiment is generally optimistic about the judicial recognition of cryptocurrency, the author would like to remind readers to watch out for overhype.
Released on Nov 7, 2023
The article addresses the regulatory framework of plant-based food in Brazil, considering the existence of more than one responsible authority for the regulation of food products and the current nonexistence of specific rules for plant-based food. Despite the lack of specific regulation there have been some initiatives to regulate plant-based products. This is mainly due to innovations in the food market arising from new technologies, and the need to provide clear and adequate information in order to reduce the asymmetry of information in the plant-based food market.
Released on Nov 2, 2023
Assistance should be provided to supply chain challenges in the Healthcare & Life Science Sector through the use of new technologies, and to make the supply chain more effective and fail-safe through the use of Artificial Intelligence (AI). The European Union wants to ensure that AI systems are safe, transparent, traceable, non-discriminatory and environmentally friendly. Therefore, the existing legal issues shall be embedded in a new legal framework to ensure legal certainty. The institutions of the European Union aim at adopting a common AI law by the end of this year.
Released on Nov 2, 2023
Telemedicine, despite being used in practice, was not explicitly and specifically addressed in Czech law. However, new legislation to introduce the concept of telemedicine into the Czech legal framework is now on the horizon.
Released on Nov 2, 2023
The impact of artificial intelligence (AI) in the healthcare market are becoming increasingly more pronounced, indicating a turning point in modern medical practice. For example, in areas such as diagnosis, some machine learning tools have been shown to be more accurate in identifying pancreatic cysts harbouring cancer or at risk of cancer, than conventional clinical and imaging criteria alone, demonstrating the potential for AI to reduce costs and current rates of morbidity.
Released on Nov 2, 2023
Telemedicine is viewed as a means of improving patients’ access to healthcare, allowing doctors both to work more effectively and reduce costs. This is achieved by cutting the number of unnecessary hospital admissions and facilitating doctor contact from as patient’s home in urgent cases. Such a way of working is possible, but requires a well-designed and predictable regulatory framework of standards for providing telehealth services.
Released on Nov 2, 2023
The integration of telemedicine has accelerated an innovative process within the healthcare sector, reshaping the ways in which medical services are provided. Consequently, the most competitive medical institutions have embraced continuous innovation as a fundamental strategic course. This approach has proved to be a distinguishing factor between healthcare provider organisations, solidly establishing and positioning themselves in relation to their competitors. In this context, the present article aims to outline certain considerations which require contemplation for achieving suitable implementation of telemedicine services in developing countries.
Released on Nov 2, 2023
This article gives an overview of the regulatory landscape for clinical trials in Peru. It discusses the key stakeholders involved, including the National Institute of Health (INS) and the General Directorate of Medicines, Supplies, and Drugs (DIGEMID), highlighting their roles in trial authorisation and product safety evaluation. It emphasises the regulatory framework, outlined in Decree No 021-2017-SA. The roles of various entities, such as sponsors, Contract Research Organisations (CROs), monitors, Principal Investigators, research centres, and Institutional Review Boards (IRBs), are also described.
Released on Nov 2, 2023
Incorporating new pharmaceutical technologies is one of the main challenges facing Brazil’s Unified Health System (SUS). Inspired by the United Kingdom model, Brazil’s National Commission for the Incorporation of Technology in the SUS (CONITEC) has based the analysis of incorporation on a combination of cost and effectiveness. However, in many cases, uncertainty remains about the advantage of replacing technologies due to the need for more sufficient data, which delays public access to these treatments through the regular channels.
Released on Nov 2, 2023
Striking a balance between the intellectual property rights of and access to affordable medication in developing countries has long been a debated issue in the healthcare sector and legal community. It is now more important than ever to strike a balance between the two perspectives, particularly in developing countries. This article explores the legal landscape surrounding patented medication and compulsory manufacturing licences in Pakistan.
Released on Nov 2, 2023
This article examines data protection and document management in Brazil’s health insurance sector. It discusses the implications of the Brazilian General Data Protection Law, emphasising patients’ rights over their personal data and the obligations with which health insurance providers need to comply. The article concludes by stressing the crucial balance between data use and patient protection, advocating robust data protection measures and responsible management for health insurance carriers’ integrity and innovation.
Released on Nov 2, 2023