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Monday 9 October (1430 - 1545)

Employment and Industrial Relations Law Committee (Lead)

Programme details

This session will discuss the latest new developments in executive compensation around the world. This will include the new forms of compensation and benefits for financial services institutions and private equity firms, including carried interests structures, and the new developments on the use of global share plans for executives and all-employee levels. The transition from time-vesting structures to performance-vesting structures will also be discussed. Finally, we will evaluate the impact on new regulations affecting compensation and benefits structures, including gender pay reporting and market abuse regulations.

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Monday 9 October (1430 - 1545)

Arab Regional Forum (Lead)
Asia Pacific Regional Forum

Programme details

This session will focus on recent initiatives for increasing crossjurisdictional cooperation between the Arab region and Asia Pacific region, hence reviving a rich history of trade relations between the two. Where there was once an exchange of spices and silk, there is now an emerging market for an exchange of knowledge and technology. This session will cover major legal and industry developments in sectors that have been of interest to investors in both regions. The sectors covered will include aviation, transport, renewable energy, finance, construction and technology/media. The session will cover cases in which those two emerging markets have learned from each other’s example and experiences.

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Session/Workshop Chair(s)

Monday 9 October (1430 - 1545)

Corporate and M&A Law Committee (Lead)

Programme details

This session will be an introduction to the key contents of the Corporate and M&A Law Committee-related programme during the conference week. A group of deal professionals will give an overview of some of the current most important M&A topics that lawyers should be aware of, regardless of jurisdiction, while at the same time giving an introduction to some of the themes that will be discussed at the Corporate and M&A Law Committee expert sessions.

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Monday 9 October (1430 - 1600)

Insolvency Section (Lead)
Business Crime Committee
Closely Held and Growing Business Enterprises Committee

Programme details

An interactive panel discussion involving leading practitioners from turnaround advisory firms, insolvency practitioners, forensic accountants and criminal law practices with extensive experience of advising businesses facing stress and distress, of the alternative sources of funding available (eg, senior and mezzanine debt, equity, asset based loans and trade finance) and the considerations to be taken into account by stakeholders (directors, shareholders, lenders and managers) at each phase, including an analysis of the potential civil and criminal liabilities that might be incurred and how to avoid the pitfalls.

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Session/Workshop Chair(s)

Monday 9 October (1430 - 1630)

Programme details

The IBA Judges’ Forum has once again organised a court tour for the IBA Annual Conference. Please note that places are limited. Delegates registered for the conference will be invited to sign up in person at the conference in October 2017.

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Monday 9 October (1430 - 1730)

Programme details

Gender equality is a fundamental aspect of international human rights and Australian anti-discrimination legislation. However, the precise meaning of equality is debated and the means by which equality is achieved are unclear. As more women attain prominent positions, what effect does this have on the meaning and application of concepts such as equality and affirmative action? The panel will be comprised of eminent women who have broken the glass ceiling in their professions, including the legal profession. They will discuss women’s rights and women’s advancement in the context of their own histories, as well as in relation to domestic and international laws, and other factors, that helped or hindered them. The session will complement the sessions being held by the IBA’s Women Lawyers’ Interest Group on gender diversity for lawyers (Thursday 0930 – 1045) and the business and law firm management aspects of increasing the ratio of female talent in law firms (Monday 0930 – 1045). This IBA’s Human Rights Institute encourages legal professionals to attend this showcase to discuss best practice, share personal experiences and participate in a substantial Q&A component with the panellists.

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Monday 9 October (1430 - 1730)

Immigration and Nationality Law Committee (Lead)
Private Client Tax Committee

Programme details

A resident for tax purposes and a resident for immigration have both important and distinct differences in the global market context. This has major implications for companies and individuals alike. The panel will seek to differentiate between the types of residency for the respective purposes, discuss the critical aspects of tax on visa considerations and introduce the concept of the comparative residency threshold.

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Monday 9 October (1430 - 1730)

Programme details

Cross-border investment flows between the Asia Pacific region and the rest of the world are increasing. How can tax leakage be minimised? What opportunities are there for pension funds in particular to invest and how should those investments be structured?

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Monday 9 October (1430 - 1730)

Intellectual Property, Communications and Technology Section (Lead)
Art, Cultural Institutions and Heritage Law Committee
Communications Law Committee
Intellectual Property and Entertainment Law Committee
Media Law Committee
Space Law Committee
Technology Law Committee

Programme details

Information has become the new oil and the fundamental building block in the new digital era. Stakeholders are using, collecting and accumulating data, and using it for marketing and other various purposes. In this session, we will discuss the following interesting related topics: • When is it okay to do so (eg, copyrighted content and public data)? • Who has lawful access to the data (eg, robots.txt, CAPTCHAs and paywalls)? • What can be done with the information (eg, redisplay, text and data mining, and internal use versus commercial use)? • Who ultimately owns the data? • What are the contractual issues (eg, enforceable terms and conditions)?

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Monday 9 October (1430 - 1730)

Public Law Section (Lead)
Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL)
International Trade and Customs Law Committee

Programme details

Since the signing of the UN Charter in 1945, the evolution of state boundary delimitation has been substantial, although a relatively large number of specifically maritime boundary disputes globally appear more or less intractable. These disputes are in no small measure driven by concerns on the part of the states involved to secure access to natural resources – perhaps, especially hydrocarbons – which they know, or at least suspect, are located within the area of the overlapping claims. This session aims to address the extent to which joint development (JD) initiatives can assist in resolving, or at least reducing the tensions in, maritime boundary disputes, not least by facilitating commercial development even where issues of sovereignty have not been finally agreed. To this end, the session brings together leading experts in the fields of the international law of the sea, environmental law, maritime law, energy law and other related disciplines. Through their joint development zones, many states have placed themselves in an ideal position to benefit from the commercial opportunities thereby created. Holding the workshop in such a state would allow the governments of the two countries to showcase their achievement and explain how they overcame obstacles, thus offering other nations a tangible example of successful offshore cooperation. Part 1: a new paradigm? As a consequence of JD, many legal issues arise, such as the effect of regimes on traditional ‘jurisdiction’ and ‘sovereignty’ concepts, the effect of JD regimes on existent disputes, the effect of JD regimes and boundaries disputes, and even the goal of ‘joint sovereignty’ on JD regimes. Part 2: day-to-day JD regimes also raise, maritime issues; maritime spatial planning issues; port and customs regulation matters, effects on corporative structure under the regimes; transfer of technology and intellectual property issues; tax issues; regulatory jurisdiction matters under JD regimes, bidding and financing under the regimes; corporative international liability under regimes, and regimes and insolvency (applicable law, jurisdiction, execution etc), among others.

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Monday 9 October (1430 - 1730)

Programme details

This interactive criminal trial looks at the potential liability of a corporation and its CFO, charged with numerous counts of foreign bribery, conspiracy, money laundering and false accounting. The session will examine key issues of: • the extraterritorial jurisdiction of Australian courts over foreign corporations and their officers; • the criminal liability of a corporation and that of individual directors, officers and employees in the organisation; • the liability of a corporation and its CFO for the conduct of foreign subsidiaries and their agents; • the availability of plea bargaining to reduce or eliminate the criminal exposure of the corporation and/or corporate officers; and • avoiding the unexpected: anticipating and responding to parallel criminal and regulatory proceedings in multiple jurisdictions.

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Session/Workshop Chair(s)

Monday 9 October (1430 - 1730)

Programme details

Career paths can take dramatically different turns, sometimes suddenly, leaving one feeling powerless and unprepared for change. At the same time, there is much that we can do to take control of the direction of our professional lives if we learn to recognise key decision points and take the actions necessary to meet and benefit from new challenges and opportunities. A diverse panel of distinguished speakers will discuss successful strategies for spotting forks in the road and adding new dimensions to careers in law.

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Session/Workshop Chair(s)

Monday 9 October (1430 - 1730)

Healthcare and Life Sciences Law Committee (Lead)
Agricultural Law Working Group
International Commerce and Distribution Committee
Product Law and Advertising Committee
Technology Law Committee

Programme details

Growing resistance to medicines is one of the hardest and most urgent challenges facing healthcare today. Antibiotics in particular have saved millions of lives, but over use, misdiagnosis and controversial farming practices have contributed to the evolution of 'superbugs' resistant to current treatments. We will look at regulatory and scientific options to address the problem and consider the hard decisions that will need to be made before it is too late.

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Monday 9 October (1430 - 1730)

Programme details

A panel of senior partners of leading law firms from major jurisdictions across the globe will discuss the key strategic challenges and choices for both multinational and independent law firms. The panel members will each briefly highlight the most pressing issues and opportunities from their perspective, followed by a panel discussion with active audience participation.

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Session/Workshop Chair(s)

Monday 9 October (1430 - 1730)

Programme details

This session will give you relevant practical tips and ideas on how to grow your practice and how to: • network successfully; • build relationships internationally; • make the most of any event you attend without feeling ‘pushy’ or uncomfortable; • introduce yourself to other people and remember their names; • extract yourself from boring people; • follow up with any people you meet in a personal way; • develop and strengthen relationships with referrers and intermediaries; • read other people’s body language and control your own; • find reasons to keep in touch in different ways; • talk about fees without embarrassment; • conduct sales meetings with confidence; and • win new work.

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Session/Workshop Chair(s)

Monday 9 October (1615 - 1730)

Mining Law Committee (Lead)
Anti-Corruption Committee

Programme details

This session will focus on the current anti-corruption measures applied by the mining industry concerning the relationship with public authorities/officers and the relationship with communities, addressing issues such as permitting, mining licences, legislative changes, contracts and communities participation. The idea is to discuss the relevant law and the applicable standards in the industry, the challenges that mining companies face in this regard and the possibilities to make improvements concerning this topic.

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Session/Workshop Chair(s)

Monday 9 October (1615 - 1730)

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The panel will explore trends in the ways in which private equity investments are structured in the current market place, including the use of quasi-equity and different forms of debt-financing.

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Session/Workshop Chair(s)

Monday 9 October (1615 - 1730)

Cybercrime Subcommittee (Lead)
Anti-Corruption Committee
Criminal Law Committee
Senior Lawyers' Committee
Technology Law Committee
War Crimes Committee

Programme details

Cybercriminals attack people, organisations and governments for many reasons: malice, money and fame. However, in the past few years, a new breed of cybercriminal has emerged: ‘hacktivists’ use their skills to promote a political agenda. They may or may not be directly affiliated with any government or political party, but their actions can wreak havoc in places in which they will never step foot. Going beyond generally accepted espionage and spycraft, the most high-profile example of this so far has been the hack of the United States Democratic National Committee (DNC) and the release of its senior staff’s private emails on WikiLeaks, attributed to groups linked to Russian security services. In the face of this, how should the US and the rest of the world respond? What can governments, businesses and individuals do to protect themselves or fight back when attacked?

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Session/Workshop Chair(s)

Monday 9 October (1615 - 1730)

Arab Regional Forum (Lead)
Anti-Corruption Committee

Programme details

We will explore existing bankruptcy legislation and legal reforms related to it, as well as ongoing efforts to improve the legal and regulatory infrastructure for small and medium-sized businesses. The session will also cover the legal framework around digitalisation, including intellectual property rights, data protection and cloud computing. A major part of the discussion will be devoted to recent trends in dispute resolution and enforcement in the region. This will cover developments in the rules of various arbitration centres, as well as landmark cases in the enforcement of arbitration awards.

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Monday 9 October (1615 - 1730)

Closely Held and Growing Business Enterprises Committee (Lead)
Insolvency Section
Professional Ethics Committee

Programme details

Typically, many constituencies are involved in making managerial and strategic planning decisions for a growing company: founders, active strategic investors, directors and other shareholders. Sometimes, the goals and priorities of these constituencies do not align, which can lead to a crisis in decision-making. The process can be complicated further if the investor or director is also a supplier or customer and, as such, engages in related party transactions with the startup. Additionally, the misalignment of priorities and goals can become even more acute in times of trouble, when cash is tight and the company is in financial crisis. Through real-world case studies this session will explore: • governance best practices to avoid deadlock or prevent a veto situation that could paralyse the company; • funding through revenue or investment: anticipating mechanisms for additional capital contributions that address anti-dilution concerns while realistically providing cash-flow support in times of financial crisis, or at times when the founder and other constituencies disagree on a growth strategy; • consideration of how related party transactions affect the dynamic; • the additional stress placed on the decision-making process if the company also faces a time of financial crisis when the consideration of insolvency or bankruptcy concepts comes into the equation, and planning for 'distressed funding' options; and • lawyering in times and crisis, identifying 'who is the client' and the use of special committees.

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