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Epic v Google: a major turning point in Big Tech regulation

This article analyses the Ninth Circuit’s July 31 2025 decision in Epic v Google and the Ninth Circuit’s willingness to bless forward-looking remedies in the regulation of Big Tech.

Google establishes fund for news outlets as publisher-tech relationship grows frostier

In early October, tech giant Google announced it had set aside over $1bn to pay media outlets to display curated content on its news apps, initially as part of a three-year programme. Google will pay publishers it chooses on a market-by-market basis to provide blurbs for the company’s Google News Showcase app (‘Showcase’) and to give readers free access to certain paywalled articles.

Converting leads into clients: ten tips for lawyers

In the competitive legal market, law firms invest substantial resources in marketing. However, many firms fail to prioritise the ultimate goal of these investments: converting leads into clients. A necessary key performance indicator (KPI) to measure marketing success is the number of leads generated, as leads represent potential business opportunities. However, while generating leads is crucial, success is ultimately determined by how effectively those leads turn into paying clients. Without conversion, marketing efforts become a sunk cost rather than a growth driver.

Judges & arbitrators as adjudicators & settlement facilitators, and Singapore Convention on Enforcement of Mediated Settlements

By Byung-Woo Im. Judges and arbitrators as adjudicators and settlement facilitators, and the Singapore Convention on Enforcement of Mediated Settlements

How evidence is best presented in international arbitration and the IBA rules on evidence

By Sungjean Seo. How evidence is best presented in international arbitration and the IBA rules on evidence

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

How to internationalise your business

For many law firms, international legal work is already part of their practice. Whether it is advising foreign investors, navigating cross-border transactions or handling disputes with an international element, legal teams often engage beyond their own jurisdictions. But true internationalisation is more than just taking on occasional cross-border matters.

Board chair and CEO roles: legal and practical experience from Cambodia

While the academic study of leadership roles found in a board of directors and management is not new, it is almost unheard of in Cambodia. This is not surprising given the country’s entire corporate governance and economic structure are still evolving.

Mediating Disputes Involving Chinese Parties

Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

China's regulation of artificial intelligence – progress and challenges

Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

Valuing the ‘new oil’: the intersection of international data valuation practice and regulatory regimes

The financial valuation of data – an intangible asset – is an emerging area of increasing strategic significance. While many factors influence data value, this article explores the lesser known interplay between data regulation and data valuation, while also considering key requirements of the International Valuation Standards (IVS) and key value drivers of data. Such considerations may be pertinent for practitioners in transactional, insolvency, regulatory and disputes contexts.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

Rebooting law’s operating system to tackle tech giants

The US Department of Justice has launched an antitrust suit against Google, alleging the tech giant used its size to unlawfully maintain its position in online search and advertising. Global Insight assesses the action in the context of previous cases.

Political ads: social media companies scrutinised as UK election looms

Twitter announced in late October it was banning all political advertising, saying the reach of such messages ‘should be earned, not bought’. Google too has opted to disallow political advertisers from targeting voters based on their affiliation and to tighten its ban on ‘demonstrably false claims’. Facebook meanwhile is facing increasingly fierce criticism for refusing to follow suit, particularly given the UK’s upcoming general election on 12 December.

Legal and business news from the IBA - August/September 2017

IBA Global Insight August/September 2017 - Chinese investment overseas, IBA Pro Bono Award nominees, law firm management webinar series, IBA Annual Conference 2017 Sydney, Google fined by EU for anti-competitive behaviour, China Working Group, India Contact Group, Code of Conduct survey

Session report two: IBA Annual Conference in Mexico City

A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.

The European automotive and mobility service industry: transformation and revolution – IBA Annual Conference Paris, 2 November 2023

On the afternoon of Thursday 2 November 2023, at the IBA Annual Conference in Paris, the European Regional Forum lead the organisation of the automotive session titled ‘The European automotive and mobility service industry: transformation and revolution’. Contrary to its title the panellists came from different areas of the world, including Europe, India, Mexico and South Korea. During the session, panellists discussed issues relating to data privacy, developments concerning autonomous vehicles, the future of electric vehicles and more.

Australia’s draft News Media Bargaining Code

Amid the tensions between leading digital platforms and traditional news businesses, the Australian government has produced a novel proposal to use competition law to require designated digital platforms – initially Google and Facebook – to compensate news media businesses for news content. This article explains the origins of the proposed News Media Bargaining Code and developments after the proposal, including reactions from digital platforms.

Ad tech in Australia: the competition agency’s findings and recommendations

IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City

The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).

Ad tech class actions and broader implications for the regulation of digital services in Australia

This article examines class actions in Australia alleging anti-competitive conduct in the ad tech sector. Drawing on the findings of the Australian Competition and Consumer Commission’s inquiries, the article analyses the claims under Australian competition law and considers the broader implications for proposed sector-specific digital services regulation.

The battle for the news

Journalism has been reshaped and – in the eyes of some – imperilled by the power of the tech giants in today’s world. Global Insight assesses how journalism can continue to perform its vital role in society as publishers, lawmakers, tech companies and regulators seek to mould its future.

Where does EU law stand on abuse of dominance: lessons from key high-tech cases of the 21st century

This article provides a historical perspective on some of the main European Union abuse of dominance cases in the hi-tech sector from this century. It then seeks to draw lessons from those cases about where the law in the EU stands on abuse of dominance on a number of key issues, as well as what unanswered questions remain for the future, both as regards case enforcement itself and the interplay between that and regulation. The next section sets the scene by outlining the policy context and some of the key issues at stake, both in terms of antitrust’s analytical framework, and its role and very purpose. Then, the article provides an overview of a number of the main EU abuse of dominance cases in the hi-tech sector from this century, and in light of those, a description of where we stand and where more clarification may come in the future. The article concludes by placing the debate in the broader policy context of the role and effectiveness of antitrust and its interplay with regulation.

Digital platform regulation: developments in Germany

The past few years have seen the emergence of section 19a of the Act against Restraints of Competition as a central instrument for Germany’s intervention in digital markets, with the German Federal Supreme Court (Bundesgerichtshof or BGH) upholding the German Federal Cartel Office’s (Bundeskartellamt) decisions. This national regime complements the harmonised European Union-wide regime introduced by the Digital Markets Act (DMA). The Bundeskartellamt remains at the forefront of digital platform regulation in Europe, serving as both an enforcer and a testing ground for innovative approaches. This article provides an overview of the evolving regulatory landscape, the interplay between German and EU law and recent enforcement actions against major digital platforms.

Abuse of dominance in the digital sector: recent developments in Brazil

The article describes and assesses the abuse of dominance investigations carried out by the Brazilian competition authorities in the digital sector. With nine cases already decided and six ongoing probes as of July 2019, there is a clear concern about false positives and avoidance of severe intervention, and no precise guidance on how companies should behave. The research also reveals interesting findings such as the importance of third parties, areas of concern and the inexistence of convictions.

Data Protection and Privacy Class Action Lawsuits in the UK: the Damages Conundrum

The majority of class action lawsuits in privacy and data protection in the United Kingdom have not succeeded. This may appear surprising, given the breadth of data rights found in the UK GDPR, the Data Protection Act 2018 and the development of the tort of misuse of private information. This article reviews the cases to date, including the most recent attempt in Prismall v Google UK Limited [2023] EWHC 1169 (KB), and examines why class action lawsuits – generally referred to as ‘group litigation’ in England – have failed to provide results for individuals whose data and information have been misused or inadequately protected.

Exercise of the right to be forgotten in Turkey in terms of search engine results

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.