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In 2016, the Hungarian Competition Authority initiated a procedure against Apple Inc to review whether its commercial communication concerning the launch of the ‘Wi-Fi Assist’ feature (as incorporated into Apple’s operating system ‘iOS 9’) was in line with Hungarian legislation implementing the EU’s Directive 2005/29/EC on unfair commercial practices.
There is hardly a private client advisor who has not heard of ChatGPT and similar large language models. While these are just fancy statistical next-word predictors, the texts generated by them are of an astounding human-like quality. In this session you will learn who the main players are in this field, what tools you as an advisor should be looking into, what their limitations are, and how these models will likely develop in the next few years. Brace yourself for the future, by attending the session – which will be both exciting and frightening!
29th Annual International Private Client Tax Conference - Navigating the private client world in turbulent times
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.
Business sanctions against foreign parties are now a common method of seeking to change a foreign country’s behavior or its approach to other countries’ legal systems. These sanctions are often complex in terms of who they reach, and inconsistent between countries. For example, a Company incorporated and operating wholly in Country A may be prohibited from taking certain actions by Country B’s sanctions laws when the Company in Country A is a wholly owned subsidiary of the Company in Country B. Country A, however, may disagree with Country B’s approach to sanctions and order all companies operating within its jurisdiction not to comply with Country B’s sanctions or face penalties or even revocation of the right to operate in Country A. What’s a company to do?
Practitioners in the sanctions area will discuss (1) known situations in which the position of one country on sanctions directly conflicts with the position of another country on sanctions, making certain parties unable to comply with one set of relevant country sanctions without violating those of another country, and (2) practical solutions or at least approaches for companies to minimize the risks associated with these conflicts.
IBA Annual Conference Miami 2022
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.
The growth of ESG is a priority for many corporations as well as law firms. What is less settled is the connection between the two. Companies are certainly investing internally and externally to grow their sophistication and success in how they govern ESG - and law firms are rapidly growing practice areas in the ESG space. But there are significant questions about the scope of the law and legal counseling in serving clients on ESG, which areas warrant outside counsel support versus being handled in-house or through non-legal consultants, and how in-house leaders perceive the rapidly exploding law firm marketing efforts in this space.
This panel will bring together corporate leaders in ESG programmes to share their tips and pointers for providing their counsel to law firms in the ESG arena, which practice areas drive the biggest demand for outside counsel legal work, and what they see as working and not working on law firms increasingly aggressive efforts to market their counsel in this space.
ESG: The Role of Lawyers Today and in the Future
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.
Investment bankers are often leaders, advisors, brokers and our partners in M&A transactions.
How should clients and lawyers think about their role?
How can they best further the client's objectives and what problems should be anticipated?
When should they have liability and should they be thought of as fiduciaries?
How should boards of directors think about potential conflicts of interests?
What level of board engagement and process is needed to oversee and monitor advisors?
Are fairness opinions a good thing?
This panel of global experts and bankers will examine how these issues play out multi-jurisdictional deals, with recommendations for best practices.
IBA Annual Conference Mexico City 2024
Nov 15, 2021
The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.
With Initial Public Offering (IPO) markets being tentative or closed from time to time, how can asset owners ensure they can lift their business to the next level at the moment that this is needed at the right moment in the life-cycle. The difficult IPO market conditions over the last few years in quite a few jurisdictions has shown that one should not despair: alternatives are available!
IBA Annual Conference Toronto 2025
Jun 15, 2023
There has been an increase in financial institutions outsourcing their technological services to cloud service providers (CSPs) for various reasons, such as a lack of internal IT expertise and cost reduction. However, these institutions are exposed to potential cloud transaction risks, such as legal, technology and firm risks.
This session will be a review and discussion of key terms in joint venture agreements between investors and developers.
IBA Annual Conference Toronto 2025
Jul 24, 2023
M2M communications and IoT technologies are revolutionising connectivity between devices, offering smart solutions and creating new market opportunities. However, ensuring regulatory compliance, robust security measures and adequate contractual design are essential to maximise their benefits and mitigate potential risks.
Electronic bills of lading are increasingly in demand. With several new products being launched over the past two years, the number in use is rising quickly. Although electronic bills of lading have been available for many years, developments with blockchain technology and its recent uptake in the container industry have created new opportunities, which are perhaps long overdue. This session will look at the legal principles behind electronic bills of lading, how they work in practice and the impact of existing and proposed new legislation on this rapidly developing area of law.
IBA Maritime and Transport Law Committee Mid-Year Conference: The new world of shipping post-Covid
This panel will explore the prospects for an EU Capital Markets Union asking whether regulatory harmonisation failed and can succeed. The panellists will also focus on the legal and non-legal barriers (including regulatory, infrastructural, culture and mentality). In addition, it will be discussed whether the U.S. is rather a threat or an opportunity for the EU Capital Markets Union.
41st International Financial Law Conference
With the growing interdependence of world economies, foreign investment has indisputably become a very important strategic tool. Consequently, a new generation of investment policies is surfacing, with a wider objective of maintaining a favourable investment climate, while restricting the influx of foreign investment in industries in order to safeguard the domestic interests of host countries.
Against this backdrop, this article seeks to summarise the international investment law and policy regime [...]
The panel will address key considerations and processes of equitisation of unsecured debt as a balance sheet repair tool in financial restructurings.
This session will navigate through the following issues:
• Available protections for lenders and shareholders;
• regulatory constraints;
• directors duties;
• orderly sales of equitised debt on the markets;
• disclosure issues;
• implementation risks;
• And conflicts in domestic and cross border constellations.
IBA Annual Conference Mexico City 2024
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.
Our experts will delve into the latest global trends in securing Equity Capital Market (ECM) transactions before their launch. This session is designed for legal professionals who are keen to understand the intricacies of ECM transactions across different markets and jurisdictions. We will explore the types of deals being executed, the methodologies employed, and the unique transaction scenarios that arise in various jurisdictions. The discussion will also cover the array of tools available to secure ECM transactions, such as cornerstone and backstop investors, hard underwritings, sub-underwritings, and the strategic use of public and private transaction combinations. Transaction specific steps like "testing the waters" and "wall-crossing" and their implementation will also be explained.
40th IBA International Financial Law Conference
The Henrik Kristoffersen case sheds light on the European approach to the weighing of interests between athletes' commercial marketing rights and the commercial marketing rights of (quasi) monopolised sports federations.
The 11 members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPPa) have combined economies representing 13.4 per cent of global gross domestic product, at approximately US$13.5tn making the CPTPP one of the world’s largest free-trade areas by gross domestic product (GDP). Mexico and seven Asia Pacific countries make up eight of the 11 signatories. This session will critically examine whether the CPTPP has delivered on its promise, and what the Asia Pacific region, in particular, can look forward to in the next few years.
IBA Annual Conference Mexico City 2024
Legal levers in a virtual world- Law Firm Management Committee newsletter article, April 2020
In recent times, there is a trend where economic agents are moving their production closer to their consumers with the idea of making supply chains much more regional rather than global. Nearshoring, economists call this. Why and how is this happening? Indeed, COVID-19 revealed weakness in having distant suppliers, but trade policy and measures, such as free trade agreements, “industrial policy”, trade remedies, sanctions, among other reasons have been playing a key part in the supply chain relocation phenomenon.
In this panel, we will explore how these government policies are impacting or should impact when deciding to nearshore.
IBA Annual Conference Mexico City 2024
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
Recently, the achievements of Artifi cial Intelligence have broadened in a myriad of fi elds and applications. One doubt lingers regarding these technological advances: their ability to replace humans in fi elds typically reserved for highly specialized professionals such as lawyers.
Biennial IBA Latin American Regional Forum conference
The IBA held an expert panel discussion on women in the law on 26 April, chaired by BBC broadcaster Fi Glover. The panel comprised four lawyers at the very top of the profession: Margaret Cole, former managing director of the UK Financial Services Authority’s Conduct Business Unit; Baroness Helena Kennedy QC, leading barrister and human rights expert; Elizabeth Barrett, Slaughter and May partner and former head of litigation; and Katie Ghose, chief executive of the Electoral Reform Society and forme
• What are the experiences of pan-African law fi rms thus far?
Biennial IBA African Regional Forum Conference: future-proofing the African legal profession
The IBA has reserved a limited number of bedrooms at the hotels listed below.
• What are the technology needs for African law fi rms – does size matter?
• Can technology improve access to justice?
Biennial IBA African Regional Forum Conference: future-proofing the African legal profession
Oct 10, 2024
The International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) app and organisation have been shortlisted in the ‘tech for good’ category of the 2024 UK tech awards, amid an ever more difficult landscape of international conflicts. These awards celebrate outstanding achievement in this rapidly...
This has been accompanied by some of the
most notable governance trends and events of the fi nancial cycle,
many of them surrounding the question of the proper balance
between founder autonomy and board and shareholder oversight.
7th Annual Corporate Governance Conference
Audio and videoconferencing has long been an option for connecting parties, witnesses, experts, arbitrators and counsel in geographically distant locales. Virtually all arbitrations involve the use of ‘dial-in’ numbers to host conference calls, but fewer arbitrations take advantage of videoconferencing.
Executive compensation continued to be front and centre for
boards of directors, employees (especially senior management),
shareholders, and other stakeholders and proxy advisory fi rms.
The impact of the Covid-19 pandemic has been, and continues
to be, signifi cant on the compensation structures for many
companies and on the ultimate payouts under compensation
programs.
7th Annual Corporate Governance Conference
Jan 26, 2022
Innovations in the wearables sector – for example, smartwatches that can perform medical-grade electrocardiograms – have significant implications for healthcare. Global Insight investigates how the increasing accuracy of these devices has consequences for regulation and the allocation of liability.
On 8 December 2017, the European Commission decided that the International Skating Union’s (ISU) Eligibility Rules breached EU competition law. The rules provided that an athlete could be sanctioned for participating in an event not authorised by the ISU. The Commission thus examined whether the rules unlawfully restrict competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU) by establishing a pre-authorisation procedure for third-party organisers and imposing sanctions
It will also address emerging regulatory
responses and how boards of directors, CEOs and policymakers
are navigating and short-termist pressures, hedge fund activist
attacks, ESG-related activism, proxy advisory fi rm withhold
recommendations related to social issues.
7th Annual Corporate Governance Conference
Feb 06, 2024
Media and telecommunications in Pakistan are governed by specific Pakistani laws and regulations which set the standards, licencing procedures and data protection measures. This article examines the legal structure governing these areas, highlighting important rules and laws.
Apr 22, 2022
This article considers the changing regulatory landscape for financial institutions globally with respect to climate-related risks. It outlines the key takeaways from consultations both within Canada and internationally.
This article seeks to highlight certain Indian employment law issues that employers should be mindful of when their employees are working from home, as Indian employment laws do not contemplate the modern concept of working from home and the issues and nuances stemming therefrom.
This article aims to determine how Covid-19 has impacted the real estate sector. Building on existing work on real estate and technology, it asks: To what extent has the Covid-19 pandemic affected the industry’s intention to digitise processes? Has technology adoption sped up or slowed down?
IBA Global Insight April/May 2017 - Once a Cold War flashpoint, Cuba has moved from economic and diplomatic isolation to open up its markets to foreign investment. The thawing of relations with the United States is fuelling expectations – but lack of legal certainty and the prospect of a hard line under President Trump mean caution is still advisable.
Nov 29, 2024
The rapid growth and expansion of the internet in the 21st century has had an all-engulfing Midas touch, reaching into every aspect of personal, professional and business communication. This has tested the resilience of professional ethics in more ways than one.
Never before has the country or the world found itself in such uncertain and unprecedented times. While Covid-19 will no doubt have a momentous impact on access to justice generally, it is likely that the most vulnerable in society will be effected the most significantly.
Dec 15, 2021
The Covid-19 pandemic has heavily affected our lives, including the way we work. In the Netherlands, employers are forced to act in line with government lockdown measures and restrictions that are constantly changing. How are Dutch employers dealing with this? What challenges are they facing? Is the Dutch government lending a helping hand by proposing new legislation? And more importantly, are these legislative proposals a solution to the problem?
Jul 17, 2025
AI-powered smart homes leverage IoT to promote sustainable living by optimising energy, security, and comfort. These systems manage resources, adapt to changing conditions, and anticipate future demands, decreasing waste and costs while supporting sustainable energy goals. Ghana's 2024 Digital Economy Policy incorporates ethical AI, data privacy, and cybersecurity, allowing authorities to defend rights and foster confidence.
Dec 19, 2022
The Indian satellite communications sector is at a turning point in the wake of various developments set to eliminate the regulatory hurdles faced by the industry so far. In this article, we briefly discuss the various issues that have historically plagued the sector and the proposed measures adopted by the Indian government to address them.
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