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Oct 30, 2024
Baroness Helena Kennedy LT KC has been appointed to serve as the new Chair of the High Level Panel of Legal Experts on Media Freedom. She succeeds The Rt Hon the Lord Neuberger of Abbotsbury after his five-year tenure as the expert body’s inaugural Chair.
Companies publish corporate governance reports that provide an overview of executive compensation, including pay for performance. The panel will discuss the varying practices of variable remuneration and its disclosure across jurisdictions, the typical explanations including metrics and targets used, and outcomes achieved. The panel will also highlight how reporting discusses the company’s alignment of executive pay with long-term shareholder value, as well as information voluntarily reported in other reports such as sustainability and sections on their website.
8th Annual Corporate Governance Conference
The Diversity and Equality Law Committee includes private practitioners, in-house attorneys, and academics working with corporate clients on issues like pay equity, anti-discrimination, and LGBTQ+ rights. Members come from leading law firms, corporations, and various perspectives. The Committee publishes an annual newsletter highlighting new developments and issues of interest. The Committee also comprises the Disability Rights Working Group, focused on disabled individuals' rights in the workplace. The Committee collaborates with the Employment and Industrial Relations Law Committee, the Immigration and Nationality Law Committee , and the Global Employment Institute.
Apr 25, 2024
This article discusses the Indian legal framework on equal pay and analyses how the principle of ‘equal pay for same work or work of similar nature’ limis the efficacy of addressing the complex dynamics of pay inequality. Furthermore, the article explores the broader concept of equal pay for equal work or work of equal value to tackle the long-standing issue of gender pay disparity in workplaces.
According to the World Economic Forum’s Global Gender Gap Report 2023, it will take 131 years to close the gender pay gap. How useful are initiatives such as the new EU Pay Transparency Directive and laws on quotas? Is it time for stronger action to call out gender pay inequality? Are social movements like #MeTooPay more effective than laws in bringing about cultural and systemic change? This session will debate these big questions while reviewing what’s happening around the world in regards to gender pay equity.
Annual IBA Employment and Diversity Law Conference 2024
Nov 29, 2024
The debate appears to be shifting on executive pay in some jurisdictions. In-House Perspective explores the factors behind how executive pay is calculated and what it means for companies.
6th IBA Global Entrepreneurship Conference: The Netherlands – sailing the seas of global innovation
The killing of George Floyd has seen the Black Lives Matter movement gain momentum and expose widespread racial inequality across the globe. Is the time now right for ethnicity pay reporting to be introduced? Lucy Trevelyan reports.
8th Global Entrepreneurship Conference
Regulating buy-now-pay-later Fintechs. By Akshay Bhargav, Kaushalya Shetty and Vaishali Nayar
In today’s fast-paced retail environment, we are spoilt for choice with online business platforms trying to offer a plethora of services to ensure they retain their customers and achieve optimum customer acquisition. New ways are being invented to expedite online checkout – all with the objective of reducing the steps involved in, and the time spent on, transaction settlements. Faster checkouts ensure customer con
In this interactive session we will analyse trends, coverage and regulatory issues of this increasingly popular instrument in M&A and other transactions. We will discuss with leading industry players, including insurers, brokers and private practitioners representing the various parties involved, which are the main aspects to be considered: types of policies, pricing, expected coverage and exclusions, underwriting process, claims notices and procedures and all relevant process matters any private practitioner should be aware of when advising its client
IBA Annual Conference Paris 2023
Apr 20, 2023
This article looks at the latest developments concerning equal pay and pay transparency in Germany, following a ruling by the General Federal Labour Court in February 2023. The article analyses this decision in light of the broader EU law, given that the equal pay principle has been one of the founding principles of the EU and was already enshrined in the Treaty of Rome 1957. Furthermore, the article also looks at recent EU initiatives to strengthen this principle and assess their expected impact.
The World Justice Project’s Rule of Law Index 2022 indicates that the rule of law has declined globally for the fifth year in a row. Media headlines around the world suggest that corruption and criminality is a common issue in judicial systems and governments. This panel will explore how corruption and criminality occurs in politics and the courts in different jurisdictions. We will ask what impact it has on the rule of law and consider what steps can be taken to improve the position.
25th Annual IBA Transnational Crime Conference
Apr 25, 2024
This article examines the progress of gender pay equality in the UK as of 2024 and considers the possibility of reducing the ‘pay gap’ in the future, looking at developments in certain industries and the EU and US which could be adopted more generally in the UK.
The only constant in life is change. Embracing that simple truth, this session will look at some of the latest trends and developments in European private mergers and acquisitions (M&A), including:
- buyer or seller’s market: where are we?
- EU Regulation on foreign subsidies;
- warranty and indemnity (W&I) insurance: going to the limits of coverage and case study; and
- the impact of new environmental risks on deal terms.
12th IBA European Corporate and Private M&A Conference
Developments in executive compensation have resulted in more legislation and regulations on executive pay being introduced over the past two decades than in the previous 150 years. Ever since the last financial crisis, executive compensation has remained high on the agenda of many authorities. When there are concerns about executive remuneration, legislators first of all try to find the remedy through increasing the level of transparency. Such a transparency measure, currently favoured by various countries
The session will focus on typical challenges an entrepreneur or an entrepreneurial family will face when taking a Private Equity investor on board as a new shareholder. panellists will talk about their personal experience as an entrepreneur or an advisor to owner families in crucial situations for their companies. We will take a look behind the scene and give valuable insight into key considerations and concerns driving the negotiations with Private Equity investors from an entrepreneurial standpoint. The experience to share with the audience will be different in respect to various jurisdictions and economies worldwide. However, there will also be similarities when talking about key challenges and benefits to be considered - and lessons learned, to be shared with the audience.
IBA Annual Conference Miami 2022
Businesses across the United Kingdom are under pressure to address the barriers facing women’s progression at work after national data revealed that 78 per cent of large companies pay men more than women.
As we look towards 2030, key trends are emerging that lawyers must understand to remain competitive in the mergers and acquisitions (M&A) market. This session will focus on the most significant and specific trends likely to shape the M&A landscape in the coming years. The conversation will centre on two critical areas:
- Technological innovation and digitalisation in M&A: how artificial intelligence, automation and digital platforms are revolutionising due diligence and negotiations
- The impact of new regulations and geopolitical factors: a focus on emerging markets and anticipated regulatory changes leading up to 2030
The goal is to provide attendees with clear, actionable insights into how these trends will influence the evolution of the M&A market, fostering a focused discussion on leveraging opportunities and mitigating risks in this dynamic environment.
Biennial IBA Latin American Regional Forum Conference: The Road to 2030 in Latin America
Sep 21, 2023
This article provides an overview of Law 14,611/23, which introduces several obligations for private legal entities with more than 100 employees to guarantee equal salary and compensation criteria for women and men undertaking work of equal value; namely, the publication of a bi-annual Salary Transparency Report.
On average we work for more than 50 years, and then retire. Is this model still fit for purpose in 2023 (if it ever was) or is it time to reassess priorities? After all, no one will remember you for working long hours. This session examines the four-day work week, whether it is part of an unstoppable movement to recalibrate our lives to get better work/life balance, its implications for diversity and inclusion and whether it is an option for all or only the privileged few.
IBA Annual Conference Paris 2023
Apr 08, 2021
In mid-February, the Tokyo High Court ruled that the Japanese government and nuclear plant operator Tokyo Electric Power Company (Tepco) should pay a total of JPY 278m (approximately $2.6m) in damages to a group of survivors of the 2011 Fukushima nuclear disaster.
In this interactive session, we will discuss with highly reputable general counsel from multinational companies the main challenges and trends they face when managing legal teams and dealing with complex transactions and issues resulting from the global pandemic. They will share with us their personal experiences in running legal teams.
The discussion will focus on:
- New needs and solutions following the main legal consequences of the pandemic on global business and trade
- How general counsel view and implement the provision of legal advice within their respective companies
- How they envision and manage complex processes
- How and when they involve external counsel
- How this collaboration can become more productive and efficient
We will also address how corporations adapt to new regulatory frameworks and digital transformation, and comply with new environmental, social and governance (ESG) requirements. Finally, we will discuss how we as lawyers can continue to add value and ensure appropriate legal certainty to our clients.
6th IBA Global Entrepreneurship Conference: The Netherlands – sailing the seas of global innovation
Jan 09, 2025
The rise in trainee renumeration at law firms has further highlighted the discrepancy between private practice and public sector earnings
18th Annual IBA Competition Mid-Year Conference
Mar 03, 2023
Despite some progress on narrowing the gender pay gap, the Covid-19 pandemic and cost-of-living crisis have had a negative impact, leading to concerns about backsliding. In-House Perspective assesses where we are and what it means for counsel.
Tools for justice and accountability: universal criminal jurisdiction over enforced disappearances
Dec 10, 2021
According to a recent judgment of the Italian Court of Cassation, a company resident abroad for tax purposes is subject to the Italian tax regime if the main decisions relating to its general management and business affairs are adopted in Italy.
As Prime Minister of Denmark from 2011-2015, Helle steered Denmark through a difficult financial crisis while reducing child poverty and increasing spending on education. She also served as leader of the country’s Social Democrat party for a decade, and was the first woman to hold both positions.
Following her term as PM, Helle was the Chief Executive of Save the Children, overseeing the work of 17,000 staff in 120 countries to reach around 50 million children every year in some of the most difficult and challenging contexts.
She was deeply engaged in highlighting the humanitarian crises in Yemen and Syria, and the Rohingya refugee crisis and remains deeply engaged in these geopolitical issues as a member of several foreign policy think tanks. This includes the US Council on Foreign Relations, the European Council for Foreign Relations, the International Crisis Group and the Atlantic Council International Advisory Board.
Helle is also a member of the Berggruen 21st Century Council. In 2017, Helle was a co-chair of the World Economic Forum meeting in Davos, and is on the board of the Schwab Foundation for Social Entrepreneurship.
Today Helle uses her deep political and international expertise to advise a range of businesses and not-for-profit groups.
Helle is non – Executive Director for a number of Boards - Vestas, one of the world’s leaders in sustainable energy; DJE Holdings, a global communications firm that partners with businesses and organisations to evolve, promote and protect their brands and reputations; Safelane, a global leader in clearing landmines and the explosive remnants of war; Carsøe, a leading manufacturer of retail, customised, and OEM solutions for key suppliers of food processing equipment across the world; and VISTA Equity Partners, an American investment firm focused on financing and forwarding software, data and technology-enabled startup businesses.
In 2020 Helle was appointed Co-Chair of The Oversight Board created to help Facebook answer some of the most difficult questions around freedom of expression online; as well as Chairman for the Danish Football Union’s Governance Committee.
Also in 2020, Thorning-Schmidt was appointed by the World Health Organization's Regional Office for Europe to serve as a member of the Pan-European Commission on Health and Sustainable Development. Helle devotes much of her time to defending and renewing progress, social justice, and democracy.
As a strong champion of women and girls’ rights throughout her time in government and at Save the Children, she remains passionate about women’s empowerment. Helle was previously a member of the European Parliament.
Helle Thorning-Schmidt can use her extensive background in politics, international relations and business to deliver inspirational and impactful talks.
IBA Annual Conference Paris 2023
Apr 25, 2024
Managing a multigenerational workforce poses challenges for Thai law firms, where traditional values often clash with modern practices. This article explores these challenges, and advocates for gender pay equality, emphasising the need for inclusive policies and proactive measures to bridge generational and gender gaps in the workplace.
One of the greatest threats to democracy in Latin America is no longer the old-fashioned coup. The new way to autocracy is more subtle, with lawfully elected leaders systematically eroding key safeguards to the separation of powers. They do so by chipping away at judicial independence, fair trial standards, electoral fairness, civic space, freedom of expression and freedom of the press. This is coupled with persistent and pervasive levels of corruption. It leads to governments stacking courts and undermining the autonomy of the judiciary, with the aim of limiting the checks on executive power.
Against this backdrop, the critical importance of a robust, independent judiciary cannot be overstated. A strong judiciary has proven to be a bulwark against democratic backsliding in many Latin American countries like Brazil, when the federal justice system upheld the electoral results in 2022; or Mexico, where the Supreme Court is resisting the government’s attempts to introduce unconstitutional reforms that would bolster executive power; or Guatemala, whose Constitutional Court ensured the transfer of power to the duly elected candidate Bernardo Arévalo, despite attempts to overturn the electoral result.
This session will explore the intricacies of a complex vision of the rule of law in Latin American countries. On one side, the pragmatic need to tackle the plagues of corruption and organised crime. On the other, the necessity to build a system of checks and balances with a specific focus on the role of judges and prosecutors.
IBA Annual Conference Mexico City 2024
Apr 25, 2024
On 10 May 2023, the European Union (EU) adopted the Pay Transparency Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (‘the Pay Transparency Directive’ or the ‘Directive’). Member States have until 7 June 2026 to transpose the Directive into their national laws.
Accountability for Nagorno-Karabakh
Game On: How the Right of Publicity, Legalised Gambling and Fair Pay to Play Laws Are Changing US Professional and Amateur Sports
Captive – hostage taking as state policy
Apr 03, 2023
Mergers and acquisitions (M&A) transactions are growing rapidly in Brazil and are becoming increasingly complex and detailed. This article aims to present some precautions and safeguards that sellers must take into account when negotiating the terms of share purchase agreements (SPA), regarding the risks of default of the buyer’s obligation to pay the purchase price.
Inadmissibility of torture-tainted evidence: the role of the legal profession
Apr 22, 2022
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.
Feb 17, 2023
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.
The rule of law and media freedom: a symbiotic relationship
Jun 12, 2024
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.
One of the core pillars of democracy and the rule of law is the separation of powers. Around the world, one branch – the judiciary – is under increased pressure. While the independence of the judiciary has been a long-understood concept, perhaps less attention has been paid to the independence of the legislature. As executive branches around the world increasingly need to act quickly, and look to justify actions under law, the tension between who makes the law, who has what mandate to act and who provides the check on legality becomes more urgent. This panel discusses this issue in the context of the role of lawyers and bar associations.
IBA Annual Conference Mexico City 2024
Jan 12, 2024
In this session at the IBA Annual Conference in Paris, a group of experts from various backgrounds addressed topics such as doping, bribery, governance and social responsibility, and offered a comprehensive examination of the complex issues plaguing the world of sport.
The right of persons to seek asylum from persecution in other countries is grounded in Article 14 of the 1948 Universal Declaration of Human Rights. The United Nations Convention relating to the Status of Refugees (the ‘Convention), adopted in 1951, consolidated previous international instruments and provides a comprehensive codification of the rights of refugees at an international level. Non-discrimination, non-penalisation and non-refoulement (ie, the forced return of people to their places of origin) are three of the most important principles on which the Convention is based.
However, the influx of migrants to many countries is causing economic problems and leading to divisive political responses. Many are asking whether these laws have had their day and need to adjust to a different world with a new set of challenges.
IBA Annual Conference Mexico City 2024
Dec 01, 2021
The UAE maritime industry is still facing unsolved situations related to wrecks and abandoned vessels, whereby some of these vessels still have their crew on board. These vessels have been abandoned by the owners, or have been judicially arrested for ongoing litigation before the court.
Continuing the IBA Rule of Law Forums theme of ‘law not war’ we consider how legal systems can be protected and re-established during times of conflict. This will include transitional justice for recently occupied territories.
IBA Annual Conference Mexico City 2024
This session will explore: the current issues in defending and protecting the rule of law in the Americas and the status of this battle around world; the problem of regressing; rethinking colonial influences and powers in Caribbean courts and impact on human rights; and the role of the lawyers and law firms in rule of law matters.
The territory of the Americas suffered five-hundred years of European colonisation mostly from the Spanish, Portuguese and English, and to a lesser extent from the French and Dutch. They brought their culture and legislation to a new continent, and some of the laws were cruel, inhumane and degrading. This panel will debate the rule of law in the Americas with a focus on Latin America and the Caribbean. The discussion will touch upon four topics which are topical in the Americas today: the regression of the rule of law in Venezuela and Mexico; the role of British colonial powers in hindering the development of the rule of law in the Caribbean; the status and impact of these problems around the world; and the role of lawyers and law firms in these matters.
IBA Annual Conference Mexico City 2024
Dec 01, 2021
With the increased focus on climate change, a series of initiatives have been introduced to reduce greenhouse gas (GHG) emissions in the shipping industry. A combination of already existing requirements and new short, medium and long-term measurements will be implemented to achieve the International Maritime Organization's (IMO's) goal of halving GHG emissions by 2050.
As the rules-based order comes under intensifying threat, international lawyers stand at the frontline. The War Crimes Committee will examine the importance of defending this order and the impact of atrophying respect for international law on affected populations as well as the political and economic stability of the world. Serious violations of International Humanitarian Law are continuing unabated, while dominant actors in the international community fail to strengthen the international infrastructure designed to uphold international law and hold accountable those who commit the worst atrocities. Simultaneously, mounting pressure for accountability on the ground stems from both affected communities and the wider public. In the context of these linked but apparently countervailing dynamics, we ask what this means for the future of international humanitarian norms and the fate of civilians caught in the cross-fire.
Our expert panel will speak to the broader geopolitical issues and highlight the many on-going on the ground efforts and the stark consequences of bombing, starving, and targeting civilians. We examine the threats facing the fundamental principles of IHL, and how credible evidence can be gathered in the fog of war.
IBA Annual Conference Mexico City 2024
Sep 07, 2023
With the increased focus on climate change, a series of initiatives have been introduced by the IMO and the EU to reduce greenhouse gas emission in the shipping industry. One measure, the Carbon Intensity Indicator (CII), may have a significant impact on valuation of vessels. BIMCO has released a CII Clause, which allocates the contractual responsibility for compliance under time char-ters – but questions may validly be raised about it.
HumanRightsConfession-driven criminal justice systems incur a higher risk of torture and coercion during investigations and other information gathering processes. The Principles on Effective Interviewing for Investigations and Information Gathering, officially launched in June 2021, offer a solution-oriented approach to moving away from confession-based interrogations, towards rapport-based interviewing alongside the implementation of legal and procedural safeguards. What advances have been made in their implementation from legal, institutional, and practical perspectives? What challenges have been faced? And how can legal professionals best prevent coercive interrogation techniques, forced confessions and resulting miscarriages of justice? This session will explore these and related questions through insights and reflections from national, regional and international experts.
IBA Annual Conference Miami 2022
Nov 14, 2024
A session report from the diversity and inclusion session at the IBA Annual Conference in Mexico City.
In Afghanistan and Iran, being a woman translates to a life of bans and barriers, from education to public spaces and most forms of employment. It's a reality of being a perpetual second-class citizen. While international law defines apartheid (Afrikaans: “apartness”) with reference to institutionalised racial segregation, the systematic gender-based discrimination faced by women lacks a comparable legal framework. The moment has arrived to stretch the boundaries of apartheid, encompassing the realm of gender hierarchies.
IBA Annual Conference Paris 2023
Apr 23, 2025
The 5th European Automotive and Mobility Services Conference, held on 26–27 March 2025, at Upside East in Munich, Germany, brought together industry leaders, experts and stakeholders to address the pressing challenges and opportunities within the automotive and mobility services sector. The conference provided a platform for in-depth discussions on supply chain issues, the transition to electric vehicles, the role of artificial intelligence and the evolving regulatory frameworks impacting the automotive industry.
Political upheaval on multiple continents, disasters, economic challenges, and, of course, war, are forcing more people than ever to leave their homes. We will discuss developments since the last IBA Annual Conference.
IBA Annual Conference Paris 2023
The article explores how far South Africa has come in providing protection for LGBTQIA+ individuals. South Africa has made noteworthy progressions in LGBTQIA+ rights since 1996. From prohibiting discrimination on the basis of sexual orientation in the Constitution of the Republic of South Africa, to the numerous cases in which courts have taken steps to provide protection to same-sex life partners, and the birth of the Civil Union Act, which provides for same-sex partners to get married.
DiversityInclusionHumanRightsRuleOfLawIn 1857, in the case of Dred Scott v Sandford 60 US 393, a majority of the United States Supreme Court delivered one of the clearest examples of a judiciary breaching the rule of law. In this notorious case, it was held that coloured people were property and, as chattels, were not entitled to citizenship of the United States and the protection of its Constitution. A bloody civil war followed this decision, which ultimately led to an end of slavery in the United States. However, progress towards any form of racial equality was hindered by the United States Supreme Court. In Plessy v Ferguson 163 US 537 (1896) a majority of the court held that racial segregation did not breach the equal protection clause of the Constitution, bringing about the infamous doctrine of “separate but equal”. Racial segregation did not end until 1954, when a unanimous Supreme Court held in Brown v Board of Education 347 US 483 that the equal protection clause applied to everyone, regardless of race.
On the other side of the Atlantic, a majority of the Judicial Committee of the Privy Council – comprised of judges also sitting at the Supreme Court of the UK – held, in Boyce v the Queen [2004] UKPC 32, that colonial laws dating from the time of the British Empire, regardless of their being “inhumane or degrading”, cannot be held to be inconsistent with the declaration of fundamental rights and freedoms of the written constitution. Immunity was said to be “complete”, i.e. absolute in perpetuity. Such interpretation of a codified declaration of fundamental rights and freedoms obviously feels wrong and may be argued to as defying any basic sense of human dignity or understanding of what the rule of law means. The implications are profound and broad-ranging. The decision’s precedential value has consequences beyond the case in which it was decided in that many Caribbean laws that discriminate against LGBTI people, or even still criminalise consensual sexual intercourse between two adults of the same sex, are also untouchable colonial laws as a result.
The Diversity and Inclusion Council along with [x] call for a special panel discussion to consider the implications of wrong judicial decisions what mechanisms can be employed to mitigate against such eventualities (e.g. such as not representing governments that wish to perpetuate errors of law) and if there are means to hold the judiciary to account for clearly erroneous decisions.
IBA Annual Conference Miami 2022
Nov 14, 2024
A session report from the joint session of the IBA Regional Fora at the IBA Annual Conference 2024 in Mexico City.
This session will look at the way in which lawyers, NGOs civil society and lawmakers dealt with two major crises-the Taliban takeover and Afghan airlift in September 2021 and the invasion of Ukraine in February 2022. To what extend did the later crises put the earlier one it’s in shadow? How have lawyers navigated the complexities of assisting refugees to leave where there are no safe and legal routes, and how does the treatment of Afghan refugees differ from the temporary protection instruments available to Ukrainians at EU and national level?
10th Biennial IBA Global Immigration Conference
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