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The current era of technology and reachable-everywhere-and-anytime lawyers imposed its rules. This wide adoption of instant messaging in some of the Middle East jurisdictions, including the UAE, has been encouraged and regularized by legislation and court decisions that afforded validity and evidentiary weight to instant messaging and electronic communications on equal footing with conventional means of communication and written documentation.
Product liability in the 21st century - EU, US and elsewhere: Potential impacts on product liability due to the changes of the legal framework.
The session provides a perspective on a number of normative and policy issues pertaining to product liability, in particular, but not limited to,
• achievement of the current product liability system’s stated goal of restituting injured parties;
• incentivisation to produce safe products;
• raising the level of product safety;
• balancing the need for improved product safety and the need for new products;
• dealing with the cost of litigation, in particular, costs associated with mass torts; and
• last, but not least, limiting the side effects of enormous judgments in isolated cases.
The session will also take a look at efforts to better regulate the often conflicting or at least competing objectives of the manufacturers on one hand and the safety expectations of the injured parties.
IBA Annual Conference Miami 2022
The chaos caused by what police believe was a lone man’s killing of four people near Westminster in London has once again stirred the debate on the boundaries of the law and the remit of government bodies intended to prevent terror attacks.
At the centre of the debate is messenger service WhatsApp, which the attacker is thought to have used minutes before driving a car onto the busy pedestrian lane on Westminster Bridge.
This session aims to explore the developing legal landscape of the intersection of ESG and product liability by considering the following:
- business disclosure, branding, or marking alleged inadequate, improper and misleading claims;
- regulatory direction, guidance, and enforcement on ESG claims and product compliance;
- product safety and consumer expectations under existing regulatory frameworks concerning a wide array of regulated product categories;
- offensive and defensive strategies in defending against disputes surrounding ESG and product liability; and
- best practices on mitigating risk and avoiding liability exposure.
IBA Annual Conference Paris 2023
Sep 27, 2023
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.
IBA Annual Conference Paris 2023
Jan 09, 2024
This article reviews the recent European Union regulations, namely the Digital Services Act and the Digital Markets Act which regulate digital platforms with operations in Europe, from different perspectives. Likewise, the article revises some regulatory projects in Brazil and the United States, before turning to Argentina, where the regulation of the intermediaries’ responsibility is an issue of current relevance. Due to the lack of an ex-ante regulation regarding these topics, this article goes over some of the cases treated with consumer protection regulations as well as with antitrust law and data privacy provisions.
Like many countries around the world, Nigeria was forced to impose a lockdown in Lagos (Nigeria’s commercial hub) and Abuja (Nigeria’s capital city) to combat the spread of Covid-19. The government’s ban on public gatherings and interstate travel resulted in the judiciary’s suspension of court sittings from March to May 2020, except for hearings of cases that were considered urgent, essential or time-bound.
The landscape for potential human rights abuses by digital surveillance is changing as the methods used grow ever more powerful. Global Insight considers this evolution and the need for regulatory frameworks to adapt.
Dec 21, 2023
India is increasingly becoming a key jurisdiction for foreign investment. To keep the momentum going, the Indian government has consistently attempted to keep the business environment friendly and less burdensome. This includes: a reduction in corporate tax rates; easing the liquidity problems of non-banking financial corporations and banks; foreign direct investment policy reforms; and easing compliance norms – all with the aim of promoting ‘ease of doing business in India’. After more than a decade, India’s competition law has recently been amended, bringing about key changes that will impact businesses. The 2023 Amendments to the Indian Competition Act 2002 (the Act) introduce changes that several antitrust jurisdictions are still considering. The 2023 Amendments are a mixed bag of changes: several are business friendly – such as commitments and settlements, expedited merger review timelines and introducing a leniency-plus regime – while others aim to achieve greater regulatory oversight and stricter enforcement, such as deal value thresholds, penalties on global turnover and increased liability for hubs in ‘hub-and-spoke’ cartels. The Competition Commission of India (CCI), the body entrusted with the responsibility to nurture and maintain well-functioning markets that facilitate the growth manifested by the Indian government, must adopt a balanced approach to ensure that competition enforcement does not get in the way of ‘economic growth’ as envisaged under the Preamble of the Act. This article examines the impact of the 2023 Amendments on the Indian market. In particular, the writers examine the CCI’s approach in adopting these tools and tailor it according to the requirements of the Indian economy.
Aug 20, 2024
With regulators around the world stepping up their focus on off-channel communications, all businesses must ensure they’ve appropriate policies and procedures in place, as In-House Perspective reports.
Jan 23, 2023
Last autumn, US antitrust agencies blocked a proposed deal between two major book publishers. Global Insight examines the case in the context of the activist approach being taken by regulators, especially towards Big Tech.
The approach currently adopted by competition authorities around the world against so-called big tech hides two main risks, namely the delay in respect of innovation processes that may cause the actions undertaken turn out to be vain and the antitrust over-enforcement. This second feature, particularly, is strictly related to the position that enforcers are prone to adopt on competition law goals, which debate has massively re-emerged in the present context
The continued proliferation of disinformation online – often referred to as ‘fake news’ – has this summer led to increased scrutiny and action from governments.
Jul 08, 2025
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.
Jun 22, 2022
This article considers Pakistan’s crackdown on social media giants such as Facebook, Twitter and TikTok, and the relationship between these restrictions and the right to freedom of expression.
Oct 12, 2021
In this article we look at the growth of data breach class actions in the UK and Europe following the coming into force of the General Data Protection Regulation (GDPR). We also consider regulatory activity in the data protection field and the links between investigations and recent class actions. Looking to the future we ask whether current trends are likely to continue, highlighting some powerful policy statements made by the English Court of Appeal in support of data breach class actions, and conclude with a few words on litigation funding and its role in facilitating these kinds of cases.
The article examines the Competition Commission of India’s (CCI) decisional practice in cases of abuse of dominance in relation to big tech companies. The authors note that the CCI has adopted a cautious approach, and has on certain occasions expressed its reluctance in early intervention in a nascent sector. The article examines the need for the CCI to be driven by a fact-based approach in light of the jurisprudence from other mature regulators.
IBA Global Insight June/July 2017. Terrorism and the law: tech companies central to government response; IBA partners with UN for global anti-torture initiative; ‘Vigilant’ French law introduces duty of care for large companies
IBA Global Insight October/November 2018 -Russian corruption: growing calls for tougher sanctions to combat ‘dirty’ money; The United Kingdom has long been recognised as a favoured destination for wealthy Russian investors, but the flow of ‘dirty money’ from Russia is tainting the country’s reputation. It is increasingly viewed as a safe haven for the Kremlin’s coffers, according to a recent report by the UK House of Commons’ Foreign Affairs Committee
Jul 01, 2020
By Richard V. Singleton and Godofredo Mendes Vianna. From the Chairs - Maritime and Transport Law Committee newsletter article, July 2020
Jun 16, 2021
An exponential rise in online abuse and harassment has necessitated governments to step up online regulation.
Apr 04, 2025
The panel has provided attendees with insights and practical advice on navigating civil and commercial litigation in Latin American jurisdictions. The speakers offered essential guidance to help on the successful management of legal disputes in the complex landscape of Latin American law.
Like almost every other law firm across the globe, we have had to quickly make changes to the way that we work and make difficult decisions. At the forefront of every decision has been the wellbeing of our colleagues and the family of Harper Macleod. We have sought to create ways that we can ‘be apart together’ and ensure that we all continue to connect and socialise, even if we have to do it virtually. Here we share our journey to ensure the family of Harper Macleod continues to be as one.
Feb 26, 2024
This article reviews the latest legal updates regarding regulation and scrutiny of marketplaces and other digital platforms operations in Argentina, Brazil and Mexico from an antitrust, data privacy and consumer protection standpoint, and their relationship with recent European regulations such as the Digital Services Act (DSA) and the Digital Markets Act (DMA).
Jul 01, 2022
In 2021, Spanish Courts annulled three relevant decisions of the Spanish Competition Authority (the ‘CNMC’) based on the lack of incriminating evidence. These cases are characterised by an in-depth assessment of the evidence used by the CNMC to find an infringement and send a clear message to competition authorities in Spain to improve the quality of the reasoning and evidence behind their decisions. This article analyses these cases and the lessons that can be extracted from them for authorities and practitioners.
Jun 20, 2022
This article considers the history and fundamentals of Turkish data protection law.
IBA Global Insight February/March 2018 - Online innovation moves at a rapid pace and legislators can struggle to keep up. Global Insight examines whether competition law provides the necessary tools to keep the major players in check.
The competition law agenda for digital markets in developing countries should be threefold. First, in response to the threat of globally dominant firms, greater international cooperation and coordination is required to address these threats in smaller countries given the more limited importance of their markets, the more limited enforcement resources and jurisdictional reach. Second, the disruptive force of digital markets should be harnessed to address existing high levels of market concentration
Apr 04, 2025
Welcome to the spring 2025 edition of the IBA Litigation Committee's newsletter, entitled: 'Shopping for justice: strategic forum choices and the rise of international commercial courts in commercial disputes." In an increasingly globalised legal landscape, parties in international commercial disputes are making ever more deliberate choices about where to litigate, navigating jurisdictional complexities, procedural nuances, and the growing presence of specialised international commercial courts.
Virtual M&A transaction and negotiations – a dream, nightmare or the next normal
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