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SustainabilityFocusESG practices and performance can significantly impact the value and future opportunities of any business, and be an important driver of success and failure in M&A.  This session of leading industry experts will cover the increasing role that internal and external ESG considerations are playing in M&A strategies, including the ability for activists and other investors to force M&A transactions as companies are pressured to ensure their strategic priorities align with investor ESG expectations, and also how ESG can be used as a wedge issue by activists seeking transactional outcomes. The panel will also explore defensive M&A strategies of companies in response to ESG trends, as well new tactical opportunities created by the recent growth of ESG-dedicated capital.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

As legal frameworks and business models across the world are being reimagined to accommodate digital tools and sustainability imperatives, this forward-looking panel explores how oil and gas lawyers can navigate the challenges and opportunities that will emerge from this transformation.

In-house counsel from important firms and institutions share their perspective on the most pressing issues they face, how they partner with outside counsel to resolve them and how they future-proof themselves.

In-house counsel from important firms and institutions share their perspective on the most pressing issues they face, how they partner with outside counsel to resolve them and how they future-proof themselves.

Outside lawyers do most of their work on the deal pre-closing, but most of the clients’ value is generated post-closing. This panel of experienced in-house and outside counsel will deal with how to manage all phases with a view toward the integration – starting with the warranties, the pre-closing coordination and interim covenants, and then the actual integration post-closing. Our experts will share what they have learned the hard way: best practices and mistakes to avoid.

Emergency arbitration has become a widely adopted mechanism in institutional arbitration rules, offering parties an expedited route to obtain urgent interim relief before a tribunal is constituted. More than a decade has passed since major arbitral institutions first incorporated emergency arbitration procedures into their rules. This panel will reflect on how emergency arbitration has been used by parties and administered by institutions, exploring pros and cons, frequent challenges and recurring issues. It will also examine how expectations surrounding emergency arbitration are evolving, and whether the mechanism continues to serve its intended purpose effectively.

In recent years, we have seen a ‘clash of corporate cultures’.
New competitors with an attractive working environment and
fl at hierarchies granting people ample room to develop and
pursue their interests have emerged and gained market shares
across a broad variety of industries. In response, well-established
companies have been responding by becoming faster, more agile
and by fostering an entrepreneurial spirit among its workforce.
The board of directors is key in either case, as it sets the tone at
the top. In this session, we discuss the role of the board, ways of
promoting changes in corporate culture, the many obstacles to
cultural change and how to overcome them.

An interactive session discussing the evolving role of lawyers and law firms in the context of regulation of lawyers and client expectations requiring those running law firms to wear multiple hats, including CEO, COO, CFO, Head of Human Resources, Head of D&I, Director of Procurement, Money Laundering Reporting Officer (MLRO), Director of Business Development and Public Relations, Crisis manager, Head of Sustainability, etc.

The session will discuss which skills and experiences (work-life balance, office politics, business development, time management, networking, compensation, or others) have been the most important for the panelists in creating and continuing their legal career and what would they do the same or differently? What would senior lawyers have done the same or differently?  What could junior lawyers do the same or differently?

Public procurement is consistently identified as a sector raising significant corruption risks around the world. Efforts to combat corruption in the public procurement sector have been sporadic, and have had mixed results. Panelists will discuss developments concerning corruption-related risks in public procurement contexts, different legal regimes, and trends in particularly jurisdictions, along with practical cases and approaches by companies. The panel will address the importance of compliance steps and prevention in avoiding higher corruption-related risks in public procurement matters, including in the context of recent geopolitical developments. 

As the pace of automotive innovation accelerates with autonomous systems, AI-driven features, EV platforms and connected technologies redefining the landscape, legal teams are under mounting pressure to anticipate and navigate evolving regulatory frameworks. This panel will explore the legal complexities of staying compliant amid shifting global standards, regulatory uncertainty and emerging risks associated with new technologies.

DiversityInclusionThe investment industry is known for its poor diversity.  Awareness is growing. ESG criteria are now mainstream and diversity is becoming a key concern to asset managers. How do you shape a diversity culture in the investment world? How do you establish suitable goals and reward management for achievement? This session will aim at examining how investors influence and promote diversity.

The impact of ESG is becoming more important considering today’s socially responsible world. Trends in M&A driven by ESG is a high-priority topic as we have been seeing companies changing their acquisition strategies to try to improve their ESG footprint. Over the past few years there has been a marked and growing dominance of the role of ESG as a key theme for investors. So we expect to see a significant shift in the allocation of investment capital away from so-called dirty industries and companies with poor social and governance policies.

This session will feature a live, head-to-head competition between highly experienced lawyers and an advanced artificial intelligence (AI) law product, tackling real-world legal tasks and challenges. Through this unique contest, we will explore the capabilities and limitations of one of the foremost AI legal products, examining how AI tools are reshaping the landscape of legal practice. Sample case: Key issues (sorted by relevance) of a term sheet mark-up for a shareholder agreement with a minority investment in a private company.

The automotive sector is facing significant disruption due to economic, regulatory, and technological changes. This panel will address key issues such as supply chain disruption, restructuring and relocation as companies consider moving operations to low-cost countries, effective transitions, compliance and legal liability, international sanctions, and the increasing legal responsibilities of corporate bodies. In addition, the panel will look at human resources and skills shortages in the face of labour unrest and stringent labour laws in EU countries. Finally, the panel will discuss the impact of technological advances and changing consumer demands.

Uncover the strategies and insights necessary to attract and retain young legal talent, while examining the contrasting landscapes of in-house legal departments and law firms. This session is tailored to organisations looking to tap into the next generation of legal professionals and to young talent seeking their ideal career path in the legal field.

In-house counsel from important firms and institutions share their perspective on the most pressing issues they face, how they partner with outside counsel to resolve them and how they future-proof themselves. 

Data Centre Market: some countries are confirming a double-digit market increase annually. Can we affirm that the Data Centre Market is a new investment global trend? How is technology boosting the Data Centre Market and what are the infrastructure obstacles? What are the real estate asset’s particular characteristics for the Data Centre Market and how this type of development being legally structured?

The Young Lawyers' Committee has participated in a series of surveys which show that young talents want more flexibility. Nonetheless, client demands force law firms to be available around the clock. How can we balance availability requirements with the flexibility required by lawyers?

This panel tackles the evolving landscape of international tax disputes. Experts will explore the impact of recent developments like the Mutual Agreement Procedure under the Organisation for Economic Co-operation and Development (OECD) Model, arbitration under the Multilateral Instrument (MLI) and implementation of EU Directive 2017/1852 on tax dispute resolution mechanisms. The session will delve into strategies for managing tax risks, fostering proactive communication with tax authorities and navigating potential disputes in this new era, including interaction with bilateral investment treaties.

The world still faces unique challenges to ensure access to justice and protect human rights. Pro bono work has become a crucial tool in addressing these challenges by providing vital legal assistance to those who cannot afford it and by mobilising lawyers who can offer expertise in cases with potential widespread impact. The intersection of pro bono efforts, access to justice and human rights violation are complex and multifaceted. As such, the SPPI showcase intends to highlight this topic at our upcoming IBA Annual Conference.

A series of roundtable discussions will look at recent developments in the following areas:

Topic one: International tax risks and insurance solutions: strategies for mitigating global fiscal challenges

Topic two: Artificial intelligence: challenges and opportunities in the age of automation

Topic three: Exchange of information - joint tax audits

Topic four: PE and global mobility - tax certainty

Topic five: Beneficial ownership and treaty eligibility

This interactive session will begin with a panel exploring artificial intelligence (AI) and European startups, and particularly how to navigate innovation and regulation. Following this, delegates will participate in roundtable sessions on AI's impact on various sectors, practical applications, industry-specific opportunities, and ethical and regulatory challenges.

The role and impact of artificial intelligence – panel discussion
Moderator
Gianluca Maruzzella Co-founder and CEO, indigo.ai, Milan
Speakers
Pedro Gonçalves VP of Legal and Compliance, Unbabel, Lisbon
Cristina Fonseca General Partner, Indico, Lisbon

Roundtable discussions
Co-chairs
Manuel Santos Vitor Abreu Advogados, Lisbon; Vice Chair, Mental Wellbeing Group, IBA European Regional Forum
Tomás Pessanha Garrigues, Lisbon

1. AI in healthcare: innovation with care
   Moderators
   Joana Feijó Business Development Director, Health Cluster Portugal, Lisbon
   Pedro Vidigal Monteiro TELLES, Lisbon
2. Scaling AI startups across borders: legal barriers and strategic considerations
   Moderators
   Paulo Bandeira SRS Advogados, Lisbon
   Cristina Fonseca General Partner, Indico, Lisbon
   Rita Sobral Cooley, London
3. AI in healthcare: innovation with care
   Moderators
   José Paulo Carvalho Founder and CEO, Hope Care, Lisbon
   Vasco De Azevedo Cuatrecasas, Lisbon
4. What investors look for in AI startups: legal risk and compliance readiness
   Moderators
   Gil Azevedo Executive Director, Unicorn Factory, Lisbon
   Mafalda Carvalho CCSL, Lisbon
5. Smarter finance: AI in Fintech
   Moderators
   Afonso Fuzeta Eça Executive Board Member, Banco BPI, Lisbon
   Inês Palma Ramalho Perez-Llorca, Lisbon
6. Smarter finance: AI in Fintech
   Moderators
   André Abrantes PLMJ, Lisbon 
   Bernardo Sousa D’Alte General Manager, Data4Deals
7. From start-up to global healthtech: success factors and pitfalls
   Moderators
   Magda Cocco Vieira de Almeida & Associados, Lisbon; Treasurer, IBA Communications Law Committee
   Catarina Gracias Associate AI PM, Sword Health, Lisbon
8. Intelligent industry: AI’s role in the future of manufacturing
   Moderators
   Bernardo Cunha Head of Strategy and Product Marketing, Samsung, Lisbon
   Manuel Liberal Jerónimo Garrigues, Lisbon
9. The AI-driven law firm: efficiency, ethics, and change management
   Moderators
   Pedro Gonçalves VP of Legal and Compliance, Unbabel, Lisbon
   Hugo Teixeira Abreu Advogados, Lisbon
10. The AI-driven law firm: efficiency, ethics, and change management/
    Moderator
    Isabel Carneiro Kahlen Morais Leitão Galvão Teles Soares da Silva, Lisbon
    Jorge Mattamouros Founder and CEO, EQUALL, New York
11. Personalised learning: AI in the classroom
    Moderators
    Rita Serra Leader in AI and Education, Microsoft, Lisbon
    Tiago Valente de Oliveira CMS, Lisbon
12. What investors look for in AI startups: legal risk and compliance readiness
    Moderator
    Domingos Cruz CCA, Lisbon
    Ricardo Jacinto Partner, Shilling VC, Lisbon