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China bets on its Silicon Valley

IBA Global Insight Dec 2016/Jan 2017 - The Shenzhen-Hong Kong Stock Connect, due to launch by the end of this year, is a clear move to entice more foreign investors to China’s domestic capital markets. The new scheme will include direct access to the country’s ‘new economy’ companies.

Online bets regime in Colombia

Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.

Gaming: chorus of concerns over ‘loot boxes’ and gambling

The United Kingdom’s House of Lords has called for the government to act immediately to bring ‘loot boxes’ within the remit of gambling legislation and regulation, in a report published in July. Loot boxes – virtual packages in video games that provide randomised in-game upgrades such as new characters when opened – have caused concerns, including that they tempt vulnerable people into gambling.

Background checks in banks and conflicts with ban-the-box laws

In the US, numerous federal, state and local laws require banks to run criminal background and credit checks on employees and applicants for employment. These include the Federal Deposit Insurance Act, the Securities and Exchange Act, the Secure and Fair Enforcement for Mortgage Licensing Act, the Truth in Lending Act and various Financial Industry Regulatory Authority rules.

Covid puts the legal spotlight on telemedicine: do not check this box lightly

The new reality we face due to the Covid-19 pandemic and the move towards online experiences has boosted the use of telemedicine services and artificial intelligence (AI) medical and diagnostic tools globally. Social distancing guidelines and stay-home orders have led thousands of patients to experience telemedicine for the first time; these changes are expected to apply not only until the end of the pandemic but to make telemedicine mainstream in our everyday lives.

Private equity today (2022)

This very interesting panel discussion – at the 19th Annual Mergers & Acquisitions Conference in New York – covered a number of current and timely topics, including: current global private equity market activities; take private transactions and associated considerations; the evolving regulatory landscape; environmental, social and governance (ESG) considerations; alternate exit transactions; and special purpose acquisition company market disruptions.

Recent developments in the laws relating to online gaming and online betting in India

As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom

Private equity today (2023)

This conference session began with an overview of private equity markets, which noted that dealmaking and capital invested in PE markets had been increasing before the Covid-19 pandemic. However, there was a slowdown in the market in 2022; it is projected to return to 2018 levels in 2023. In terms of industry, there has been an increasing concentration of technology deals. She mentioned that fundraising for private equity and asset managers has slowed, but there is an uptick in infrastructure funds and direct lending.

‘Deep work’ in today's legal practice

By Kate Simpson. ‘Deep work’ in today's legal practice

Covid-19 and today’s workplace: where next?

In the post-pandemic world of work, what do employers need to consider in relation to remote and flexible working, and how can they protect employees’ mental wellness and ensure they remain engaged.

The Climate Emergency Disputes Crisis Affecting Industry Today

As the world grapples with the escalating impacts of climate breakdown and the urgent need to transition to sustainable energy sources, various industrial sectors find themselves at a crossroads. The shifting climate is not only an environmental challenge but also a formidable business risk, altering market dynamics, regulatory landscapes and operational conditions globally. Industries must navigate a complex array of threats, from physical damage due to extreme weather events to economic pressures arising from stringent emission regulations and volatile energy markets. This article delves into the specific dispute risks posed by the climate crisis and the energy transition affecting several key industry sectors, exploring the profound implications for their operations and outlining strategies for resilience and adaptation in a rapidly evolving global context. It also looks at how these dispute risks can be mitigated and, in particular, how conflicts arising from climate breakdown can be managed. Traditional dispute resolution mechanisms will, in many cases, not be adequate to deal with these new forms of conflict. Thought leadership is needed to address situations where dialogue and consensus will form the basis for better and lasting solutions as opposed to adversarial processes. Novel dispute resolution tools will have to be developed and current tools modified to meet this need. Business has not yet taken adequate steps to recognise and assess climate dispute risk, and this article aims to highlight this and suggest means to mitigate it.

Telemedicine in Spain today: regulatory and ethical challenges

This article’s focus is a very simple concept: telemedicine, which enables services normally performed by healthcare professionals to be accomplished by remote means with the support of information and communication technologies (ICT)

Private equity today: legal issues and developments in private equity dealmaking

While deal values are down significantly in Europe, volumes are up, driven by platform deals and minority investments. Other features of the market include the prevalence of public-to-private transactions, broken deals (including for regulatory reasons), aborted auctions, restructuring deals, continuation vehicles, fund-to-fund deals and structured transactions, including earn-outs. This session at the IBA’s 21st Annual International Mergers & Acquisitions Conference 2024 examined these legal issues and developments.

In-house counsel debate key issues in today’s M&A landscape

New EU rules, more complex transactions and the evolution of artificial intelligence are high on the agenda for in-house teams in an M&A context. In-House Perspective reports on a session at the IBA 6th Mergers and Acquisitions in the Technology Sector Conference in Berlin.

The growing importance of in-house counsel in today’s M&A landscape

Today’s M&A landscape is challenging, with everything from increased regulatory scrutiny to the aftermath of the Covid-19 pandemic affecting dealmaking. In-House Perspective assesses how the role of in-house counsel has evolved against this background.

Disappearing messages: updating best practices

Holding companies: which jurisdiction is the best?

The panel discussed the present application and significance of holding companies, specifically special purpose vehicles (SPVs), from the viewpoints of several key jurisdictions: Spain, Germany, the United Kingdom, Dubai and Luxembourg. The primary focus of the discussion centred on evaluating the relevance and impact of holding companies within the framework of both international and European Union regulatory progression, particularly in light of the proposed Anti-Tax Avoidance Directive 3 (ATAD 3), аs well as what is the most appropriate jurisdiction to register an SPV. The conversation explored the implications of these regulatory changes for holding companies, assessing their operational viability and strategic importance in the international tax landscape.

Hong Kong: Best practice approaches to whistleblowing

In light of an inadequate framework of whistleblower protection in Hong Kong, what can an employer do as best practice?

Best practices in intellectual property licensing agreements

A webinar presented by the IBA Intellectual Property and Entertainment Law Committee, 13 May 2021, 1300 – 1430 BST

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.

Contested Histories in Public Spaces: Principles, Processes, Best Practices

Contested Histories in Public Spaces is a multi-year initiative intended to address controversies over statues, memorials, street names and other representations of disputed historical legacies in public spaces. The Contested Histories project aims to provide decision-makers, policy planners, educators, and other stakeholders with a set of case studies, best practices and guidelines for addressing historical contestations in an effective and responsible manner.

Book launch webinar: Contested Histories in Public Spaces: Principles, Processes, Best Practices

A webinar presented by the International Bar Association, 11 February 2021, 1700 – 1800 GMT The International Bar Association invites you to attend the virtual launch of the eBook, Contested Histories in Public Spaces: Principles, Processes, Best Practices, edited by Dr Timothy W Ryback, Dr Mark Ellis, and Benjamin Glahn

Direct claim one link up in contracting chain: lawmakers know best, right?

National laws in effect in many countries grant an entitlement for subcontractors that allow direct claims against employers in exceptional cases (normally applicable to any level of the supply chain). However the language of these laws is drawn up, usually unequivocal and decisive, their application in reality seems larger-than-life, if not idealistic. This article illustrates and considers a typical case, followed by a discussion of the rules and practices of the Middle East and South Korea [...]

Employee self-harm and employer accountability: navigating the legal considerations and best practices

As workplace dynamics continue to evolve, there has been a concerning increase in employee suicides being reported in public fora. This trend brings into sharp focus the importance of mental health and social wellbeing within the workplace. As such, it has become increasingly essential to examine cases of employee self-harm and how courts attribute accountability in regard to employers in such cases, particularly in terms of criminal law. This article analyses the judicial decisions that have examined the liability of the relevant management teams or employees of an organisation in regard to the criminal provisions relating to the ‘abetment of suicide’ of an employee. It further endeavours to cover certain best practices that employers must adopt in to mitigate any risks in regard to these very sensitive matters.

Re-opening the Office: a comparative guide on the issues and best practices

A webinar presented by the IBA Real Estate Section

Focus on the US: The fraught question of how best to prosecute Russiagate

‘This is already beyond Watergate,’ the renowned historian Simon Schama tweeted of Donald Trump’s emerging Russia scandals. As a legal matter, that grave assessment will need to be tested by a duly-constituted authority. What form that will take is subject of keen debate. The US Government has traditionally handled similar matters in one of three ways. First, the professionals at the Justice Department investigate it themselves. Second, the DOJ appoints a ‘special counsel,’ as was the case with Watergate

Getting the best of directory submissions and how to work with your BD team

Directory submissions often feel like an administrative burden to be ticked off the list and moved on from, but they’re actually one of the most valuable tools for building credibility and strengthening your firm’s market position. In this article, the authors explore practical ways to streamline directory submissions, make collaboration more effective and ensure that your firm presents the strongest case possible.

The Brazilian National Data Protection Authority’s Established Guidelines on Best Practice Regarding Data Breaches

Incidences of several cases of data leaks reported in Brazil in early February 2021, has resulted in the Brazilian Data Protection Authority (ANPD) issuing general guidelines on how data subjects and data processing agents should proceed when they are involved in data breaches

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

General counsels discuss diversity, equity, and inclusion: best practices and the perils of standing still

A webinar presented by the IBA North American Regional Office, 7 April 2021, 1700 – 1800 BST