Conference programme

Emerging legal GenAI (generative artificial intelligence) applications present promising uses for lawyers and law firms. This roundtable seminar, which is part of the conference programme and is open to all conference attendees, will explore the most promising use cases that are developing in the Asian legal markets, the risks and opportunities inherent in GenAI, data and confidentiality related policy issues and necessary guardrails, as well as tips and best practices for young lawyers as they navigate this new environment.

The panel will discuss recent regulatory developments regarding tender offer rules across the various regions, especially in light of the proposed amendments to adopt mandatory tender offer rules in Korea. Among other issues, there will be a focus on:

• how different jurisdictions protect investors from the risk of ‘creeping control’;
• the different approaches to mandatory tender offers in Korea, Japan, EU and the US and background of these differences;
• how ‘tender offers’ are defined;
• how mandatory tender offer rules play out in countries where they are adopted; and
• special considerations in adopting mandatory tender offer rules.

Korea amended the Corporate Governance Act for Financial Companies (the ‘Corporate Governance Act’) in 2024, requiring Korean banks and foreign branches and subsidiaries operating in Korea to put into place this past January specific allocation of responsibilities among their senior management for internal controls and risk management. Its reach will expand later this year and in 2026 to securities companies, insurers and other financial institutions. While this type of legislation is not entirely new in the global financial regulation landscape, the Korea-specific version has its own unique flavour in comparison to other countries with similarly intended laws to be discussed in parallel with the Corporate Governance Act.

This session will discuss:

• current regulatory landscape in relation to digital assets and stablecoins across certain jurisdictions;
• latest legal and regulatory developments and upcoming regulatory regimes in relation to digital assets;
• cross-border virtual assets transactions and legal implications; and
• recent trends in tokenisation projects and other market trends

This session will discuss:

• Pan-Asian market dynamics: analysis of the systemic challenges facing Asian real estate markets and cross-border investment complications
• Regional workout strategies: comparative examination of restructuring approaches across different Asian jurisdictions
• Major property finance or investment transactions: experiences and lessons learned by the market players
• Cross-border dispute resolution: insights into the complex legal frameworks governing distressed real estate transactions
• Capital flow adaptations: exploration of capital controls, foreign investment restrictions and currency fluctuations are reshaping workout strategies.

The panel will examine the growing influence of shareholder activism and its implications for corporate governance, investor engagement and ESG (environmental, social and governance) accountability. It will explore how evolving codes of corporate governance are empowering institutional investors, the rise of activist and ESG-focused funds and changing patterns in shareholder proposals and voting behaviour. The discussion will also consider management’s duties and liabilities in responding to activism, the strategic use of litigation and media and the increasing role of foreign investors in shaping ESG priorities. With a spotlight on regulatory responses to greenwashing and the use of emerging technologies, the session will take a comparative approach between Europe and Asia.

This session seeks to explore recent regulatory and enforcement trends in various markets around the world for securities law violations. Specifically, the panellists will discuss regulatory focus and recent developments, enforcement cases and securities litigation as well as trends in penalties or damages in recent years.

Key Topics:

• Fund finance overview: Understanding the broad and growing industry of providing liquidity to private funds through various products such as sublines, NAVs, management fee facilities and GP lines.
• Subscription line facilities: An introduction to the basic structures, collateral, and key due diligence issues for those unfamiliar with the concept.
• Benefits and considerations: Insights into the advantages for lending banks and borrower funds, including relationship-driven opportunities, safety, and liquidity management.
• Regional differences: A comparative analysis of the APAC market versus Europe and North America, focusing on product types, market participants, pricing and terms.
• APAC regional variations: A closer look at the distinct characteristics of fund finance markets in Australia, Hong Kong, Japan, Singapore and South Korea.
• Korea’s role: Discussion on the growing influence of Korean investors in the fund finance market and the associated considerations.

The panel will discuss the evolving landscape of alternate corporate finance and increasing convergence of private credit with debt capital and securities markets. Among other issues, there will be a focus on:

• the increasing reliance on private credit in the last few years and whether we see that trend shrinking in light of central bank rate cuts;
• interesting hybrid structures (with loan and securities like features) and examples, or lack thereof, of bank and private credit partnerships; and
• the anticipated role of banking and securities regulators in regulating private credit funds.