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A Ghanaian case study on commercial paper: a blessing or a curse?

Commercial paper is a short-term debt instrument issued by companies. It’s typically used to raise funds quickly for various purposes, such as financing working capital needs, funding short-term projects or covering temporary cash flow shortages to finance short-term liabilities, such as augmenting working capital, fulfilling temporary cash flow gaps and addressing immediate financial obligations. Investors seeking a safe and short-term investment option often find commercial paper attractive due to its relatively low risk and competitive returns compared to other short-term investments.

Material contract warranties in M&A in India: a shield and a sword

In the intricate dance of mergers and acquisitions (M&A), material contract warranties serve as both a shield and a sword for buyers and sellers. They offer buyers a degree of security about the target company's operational and financial health, while simultaneously protecting sellers from potential future liabilities. Understanding the nuances of these warranties is crucial for navigating the complex landscape of M&A transactions.

Forum shopping: a legal loophole or a strategic advantage? A glance at the Italian experience

In an increasingly globalised and interconnected legal landscape, the concept of forum shopping has become a subject of debate among legal scholars, practitioners and policymakers. At its core, forum shopping refers to the practice of strategically selecting a jurisdiction that offers the most favourable legal framework for a particular case. While some view forum shopping as a legitimate strategy that allows litigants to exercise their rights effectively, others argue that it undermines the fairness and integrity of the judicial system. This article explores the different dimensions of forum shopping, examining its impact on various legal fields, its ethical and practical implications, and the measures taken by courts and legislators to regulate it.

Overseeing a business in a global pandemic

By James J. Hanks, Jr. and Hirsh M. Ament. Overseeing a business in a global pandemic - Corporate and M&A Law Committee newsletter article, July 2020.

Sustainable lending: a breakthrough or a gimmick?

In the face of the global ecological crisis, the financial industry is looking for ways to support initiatives for sustainable growth. Banks are more and more actively granting loans that motivate borrowers to step up such measures and 2019 was a breakthrough year for sustainable debt. What really is sustainable debt and how does it differ from other green financing products? Does it have a potential to become a mainstream product despite the pandemic?

A law firm’s website as a marketing tool

Users of Law firm websites mainly consist of students, head-hunters, business people, potential clients and anonymous visitors from different locations, with varying purposes. This article looks at how a potential client’s visit to your website can convert into a request for a proposal.

A review of the worldwide M&A marketplace (2024)

The topics for discussion in this conference session ranged from the worldwide electoral climate and the impact of artificial intelligence, to M&A drivers and challenges and the regulatory environment.

Moonlighting: A solution for employees, a challenge for employers

This article looks at the emergence of the practice of moonlighting and analyses the impact this has on traditional employer–employee dynamics.

A review of the worldwide M&A marketplace (2022)

This session at the 19th Annual International Mergers and Acquisitions Conference in New York observed the current M&A environment, assessing the volume of M&A activity in comparison to pre-Covid level, the impact of regulatory complexities and the role of private equity participation.

Access to Vaccines is a Right, a Human Right!

The article considers accessibility to vaccines and health in general as a human right and in so doing looks at the rights enshrined in various treaties and declarations and Mexico’s Constitution in seeking to address a global rollout of vaccines.

A pro bono career path: a guide for lawyers

A new report, ‘The Nature and Prevalence of Pro Bono Partner Roles Globally’, produced collaboratively by DLA Piper, the Australian Pro Bono Centre, the Pro Bono Institute, and the Thomson Reuters Foundation, reveals a significant increase in the appointment of pro bono partners at law firms over the last 20 years. As of 2019, 66 known examples of dedicated pro bono partners in more than 55 law firms were identified, highlighting a growing commitment to pro bono as well as recognition for the value of thes

Grenfell report: a fire fuelled by a human rights crisis

A roundup of news from the IBA for the IBA Global Insight edition October-November 2024 including IBAHRI femicide session, UN Periodic Review, Human RIghts Award winner 2024

Grenfell report: a fire fuelled by a human rights crisis

Just before 1am on 14 June 2017 a fridge-freezer on the fourth floor of a 1950s council block in one of London’s wealthiest boroughs caught alight.

When is a scam a fraud under Swiss criminal law?

In financial matters, there are numerous cases of scammers promising investors a high return in a short period of time. To target potential victims, scammers show boundless imagination and use all kinds of manoeuvres. They present themselves as providers of cutting-edge financial services, relying in particular on attractive subjects such as cryptocurrency. For Swiss criminal courts, however, there is an important and sometimes difficult distinction between a scam where the investor is the victim of a fraud and a high-risk investment based on aggressive promotional strategies.

Covid-19 and M&A deals: a civil law perspective

By Fernando Alfredo Castillo. Covid-19 and M&A deals: a civil law perspective - Corporate and M&A Law Committee, July 2020

Corporate and M&A Law Committee Negotiated M&A Guides 2022

The Corporate and M&A Law Committee has prepared a negotiated M&A guide with chapters from more than 45 countries. The negotiated M&A guides deal with negotiated acquisitions of private companies and are aimed at providing a general overview of acquisition structure options and the essential provisions contained in a standard acquisition agreement in each jurisdiction. The material is intended as a high-level, practical guide for practitioners and others

Aircraft lessor lawyer: a year and a bit of the pandemic

This article looks at the effect that the Covid-19 pandemic has had on an aircraft lessor lawyer, and looks at the issues that the pandemic has caused for the industry.

Arbitration of M&A Transactions: A Practical Global Guide, Second Edition

For legal professionals and graduates active in dispute resolution, especially in the international arbitration field, it is true that every case is unique and there is something fresh to learn every day. The key to winning a case often resides in a legal professional’s in-depth knowledge of each specific industry. Edward Poulton has successfully gathered a group of experienced leading M&A experts around the world to contribute to the second edition of the Arbitration of M&A Transactions: A Practical Global Guide, with publication support from Globe Law and Business.

'This is not a drill! Repeat; this is not a drill!'

A webinar presented by the IBA Alternative and New Law Business Structures Committee

Bankruptcy of a party to an international arbitration: a Russian perspective

By Olga Prokaeva. Bankruptcy of a party to an international arbitration: a Russian perspective

Russian sanctions litigation: is a foreign anti-suit injunction a magic pill?

Russian sanctions litigation has developed into a separate category of disputes considered by Russian commercial courts in the context of claims brought by Russian companies against so-called ‘unfriendly’ foreign parties in disregard of choice of court and arbitration agreements. Although Russian case law is developing in a way that is unfriendly to foreign litigants, is there an effective defence?

El Salvador: a global regulatory sandbox for Bitcoin as a legal tender

On 9 June 2021, El Salvador’s Legislative Assembly approved The Bitcoin Law, which provides the first legal framework in the world to give a crypto asset – in this case Bitcoin –legal tender status.

The Need for Independent Judges and a Free Press in a Democracy

The rule of law is arguably the most basic requirement of any civilised society, and an independent judiciary, to which access is available to all citizens, is an essential ingredient of the rule of law. Freedom of expression is also fundamental in a democratic society, in which the courts and the media have vital and complementary institutional roles.

France unveils a new tax regime for management packages: a long-awaited clarification

France’s 2025 Finance Bill introduces a new legal framework, codified under Article 163 bis H of the French General Tax Code, applicable from 15 February 2025. This reform aims to provide clarity by creating a dedicated regime for gains realised on securities acquired or granted in consideration for salaried or management functions (whether by the issuing company, its subsidiaries or the parent entity).

Turkish Superior Court decision: can a website, in itself, constitute a permanent establishment?

The Council of State ruled that the websites constitute the permanent establishment, and that the income generated from Turkey by the companies, which provide online advertising.

Using NFTs to Store Health Data: A New Era or a Privacy Disaster?

It seems almost overnight that global news was flooded with talk of blockchain and non-fungible tokens (NFTs). The barrage of such information has both confused and captivated the world, leading many to still wonder what an NFT is, while inspiring others to apply this technology to advance their industry or industry sector, with one such industry sector being health data. Specifically, this article explores the use of NFTs to store health data. Much of this article may be applicable to the use of NFTs to store any type of data, but it focuses on health data, highlighting some of the significant opportunities and challenges in this space. It also provides critical analysis to demonstrate how businesses should begin to analyse their work in the NFT space under existing regulations. This article first demystifies blockchain and NFTs by explaining what they are. Second, it explores the use of NFTs to store health data, and some of the opportunities presented by this use. Third, the article highlights some of the legal and ethical gaps surrounding the use of blockchain to store health data, with a specific focus on individual privacy and privacy rights. This is accomplished through an analysis of a variety of global privacy laws and their application to NFTs, specifically when used to store health data. The article concludes with a discussion of some ethical concerns related to the use of NFTs to store health data.

ESG and sustainability-linked loans in Spain: a market trend becoming a standard

The Spanish lending market is increasingly incorporating sustainability-linked criteria. While the wording of ESG provisions has not yet been standardised, their inclusion is becoming a market standard. However, there is still progress to be made, especially with respect to setting the applicable key performance indicators to be met.

Virtual M&A transactions and negotiations – a dream, nightmare or the next normal

Virtual M&A transaction and negotiations – a dream, nightmare or the next normal

10 years after Arab Spring: is fighting corruption a reality or a dream?

A webinar presented by the IBA Anti-Corruption Committee