The panel explored the complexities of debt-to-equity swaps as a financial restructuring tool and its success and limitations in enhancing a debtor's balance sheet by converting lenders’ claims into equity securities in several jurisdictions.
Released on Dec 12, 2024
This article delves into the foundational elements of reverse solicitation, exploring its regulatory basis and implications in the Italian context, as well as its alignment with evolving EU standards.
Released on Dec 11, 2024
India’s space start-up ecosystem has witnessed remarkable growth over the past decade, with the number of space startups increasing from a mere one in 2014 to 189 in 2023, according to the Department for Promotion of Industry and Internal Trade’s Startup India portal. The surge in interest is evident, with Indian space startups attracting US$124.7m worth of investments in 2023 alone. This dynamic growth has been significantly influenced by the national Space Policy 2023, which provides a structured framework for the registration and regulation of space objects.
Released on Dec 11, 2024
Japan has made significant progress in carving out a place for itself within space business, accelerated by the new initiatives undertaken by the government regarding its space policy. This has entailed recent (and upcoming) updates to the relevant legal framework in order to prepare Japanese actors for participation in new types of space-related activities, including on-orbit services, moon exploration and sub-orbital flights
Released on Dec 11, 2024
An introduction to the activities of the ESA and EUSPA as Europe’s two main space institutions and the critical discussions taking place in Europe regarding the competing fields of activity and the main principles of these institutions
Released on Dec 11, 2024
A comparative analysis of the UN Space Liability Convention and Indian Space Policy, in light of the increasing involvement of private companies in the Indian space sector.
Released on Dec 11, 2024
Ghana’s space policy seeks to create an optimal environment for space activities by focusing on building essential infrastructure, developing human capacity and advancing commercialisation, while promoting international cooperation and job creation. This strategic approach aims to harness space science and technology in order to address national challenges and drive sustainable development
Released on Dec 11, 2024
This article provides insights into the main characteristics and recent developments that will enable Portugal to become a key player in the global outer space economy and enhance Europe’s role in this context.
Released on Dec 11, 2024
In July, a law was passed introducing deep structural reforms to the Argentinian economy, including the introduction of the Incentive Framework for Large Investments (RIGI, by its Spanish acronym) which provides tax, foreign exchange and custom duties benefits to companies planning to import and invest a minimum of US$200m in Argentina.
Released on Dec 10, 2024
Following the Labour Party’s election victory on 4 July 2024, the direction of the new government’s immigration policy has prompted cautious optimism among immigration law practitioners.
Released on Dec 10, 2024
This article considers the financing of mandatory criminal defence in Hungary, including recent attempts to solve the issue.
Released on Dec 10, 2024
Brazil enacted its first general data protection law, locally known as the LGPD, in August 2018, and it became effective on 18 September 2020. Similar to several data protection laws around the world, and largely inspired by the European Union General Data Protection Regulation (GDPR), the LGPD sets forth requirements for the processing of personal data.
Released on Dec 10, 2024
In November 2020, the European Union (EU) Directive on representative actions for the protection of the collective interests of consumers was adopted. The EU Directive will be implemented in Austria through two legislative acts. On the one hand, a Federal Act on Qualified Entities for Collective Redress will be enacted, and on the other hand, the Code of Civil Procedure will be amended by adding a fifth section on collective redress.
Released on Dec 10, 2024
In this issue of the Litigation Committee newsletter, under the title of ‘A brave new world: managing litigation and teams in the digital age’, we dive deep into some of the most pressing topics facing disputes lawyers today. With the digital transformation accelerating, the ways we approach litigation, team management, and client service are being reshaped. We explore the potential of AI to enhance case preparation, manage data, and assist in predictive analysis. Our experts share insights on leveraging digital tools to enhance collaboration and foster a sense of unity, even when colleagues are dispersed across locations and time zones. We delve into best practices for securing sensitive data, protecting client confidentiality, and mitigating the risk of cyber threats. We also report on the excellent sessions from our Annual Litigation Committee Forum in Amsterdam in April 2024, and our webinar on litigating in China.
Released on Dec 2, 2024
The integration of AI into legal practice has raised concerns about maintaining client confidentiality and legal privilege. Whilst AI tools offer significant efficiency gains, they pose risks to the confidentiality that is fundamental to the legal profession. Public generative AI models may inadvertently store sensitive client data, creating potential breaches of legal obligations. The uncertainty surrounding whether AI-generated documents are protected by legal professional privilege complicates matters further. As AI usage grows, the legal community may need to adopt ethical safeguards, such as using secure, private AI systems and disclosing AI involvement in legal processes, to protect client information and uphold the integrity of the profession.
Released on Nov 29, 2024
In today’s digital age, business email compromise (BEC) has become a threat to businesses and individuals. BEC can be defined as ‘a criminal act where criminals illegally access an email account and communicate as if they are the user’. Courts globally have had to determine who becomes liable for the loss suffered in such instances. This article provides brief examples of how this issue has been dealt with in different jurisdictions.
Released on Nov 29, 2024
More and more, banks’ customers file judicial actions to hold the bank responsible for losses incurred when the bank has completed a payment request made at the request of third-party fraudsters instead of the ‘real’ customer. This article looks at how the Portuguese Supreme Court of Justice decided who should be held accountable in two recent cases, the first involving a case of phishing via text message and the second involving the misuse of an e-mail address belonging to the bank’s customer.
Released on Nov 29, 2024
Digitalisation of the Italian civil trial system has brought significant improvement in terms of speed of process and efficiency. There is a new generation of ‘born digital’ lawyers and judges. However, questions about the client-lawyer relationship and the risks of fraud in the process must be carefully considered.
Released on Nov 29, 2024
The increasing prevalence of technology in every aspect of human society is driving an evolution in the legal profession, particularly in litigation practice. Today, lawyers are required to possess a deeper understanding of technology and its associated legal implications to provide effective assistance. This necessity underscores the importance for legal professionals to adapt to the rapidly changing technological landscape and grasp the legal ramifications tied to it.
Released on 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.
Released on Nov 29, 2024
As the legal sector handles increasing amounts of sensitive data online, managing a legal team now involves heightened focus on ensuring the protection and confidentiality of client information, personal data, legal strategies, proprietary information and highly confidential data from cyberthreats. This article considers a case in the United Kingdom illustrating the intersection of legal strategy, cybersecurity and the concept of injunctions against unknown defendants involved a professional services firm that suffered from a ransomware attack.
Released on Nov 29, 2024
On 11 September 2024, the Property (Digital Assets etc) Bill was introduced to Parliament in England. For the first time ever, digital assets can now be considered as personal property under English statutory law. In this article, we seek to explore the key provisions of the Bill, and the implications for conducting litigation in the digital age
Released on Nov 29, 2024
AI, particularly generative AI, has the power to reshape the legal industry by automating repetitive tasks; improving accuracy; and allowing lawyers to focus on higher-value, strategic work. The potential is immense: firms can reduce costs; increase efficiency; and deliver better value to clients – all while driving firm profitability. But what does this shift mean for the largest employment sector for lawyers – firms themselves? Law firms now face a dual challenge: adopting AI to meet client expectations while ensuring junior lawyers are trained and equipped to thrive in an AI-enhanced legal landscape.
Released on Nov 29, 2024
Session report from the IBA Young Litigators Forum, Amsterdam, 17 April 2024: Do litigation lawyers have to be tough, unyielding and ready to litigate until the very end? Clients prefer solutions that prioritise their business needs rather than prolonging the litigation process, which serves the lawyers’ business instead. In the end, clients will value a lawyer for their ability to reach a favourable settlement. Deciding when to settle versus when to litigate is crucial for any litigation lawyer, irrespective of their specialty.
Released on Nov 29, 2024
The third session of the IBA Annual Litigation Forum 2024 was held in the impressive building of the Netherlands Commercial Court (NCC). After welcoming speeches by Eveline de Greeve, President of the Amsterdam Court of Appeal, and Duco Oranje, President of the NCC Court of Appeal, participants had the opportunity to discuss dynamics and trends in class actions in a workshop format.
Released on Nov 29, 2024
The IBA Annual Litigation Forum 2024 started on 18 April with the first session concerning the Choice of Court Convention 2005 and Judgments Convention 2019, two recent conventions of the Hague Conference on Private International Law (HCCH). Sara Chisholm-Batten (Michelmores, London) and Dr Urs Hoffmann-Nowotny (Schellenberg Wittmer, Zürich) moderated the distinguished panel consisting of Dr Christophe Bernasconi (Secretary General of the HCCH, The Hague), Blossom Hing (Drew & Napier, Singapore), Thomas Plewman KC (Brick Court Chambers, London), and Dr Norel Rosner (European Commission, Brussels).
Released on Nov 29, 2024
The ‘Hot topics in the midst of a crisis’ session took place at the IBA Litigation Forum in Amsterdam on 19 April 2024. The session began at 0900 with a Q&A with Simon Davison, Director of Investigations at AnotherDay, moderated by Keith Oliver, Head of International at Peters & Peters, Vice Chair of the IBA Asset Recovery Committee.
Released on Nov 29, 2024
The session on third-party funding of class actions at the IBA Annual Litigation Forum in April 2024 was run by Robert Johnston, Chair of the IBA Class Action Committee and Head of Litigation at JWS lawyers in Sydney, Australia. The panellists included Henry Warwick KC, one of the leading silks involved in the historic group litigation on behalf of 555 UK sub-postmasters against the Post Office, the success of which was only possible because of litigation funding. Representing the defence side of the bar was Justyna Niemczyk, a lawyer from De Brauw, one of the Netherlands’ leading corporate law firms and a specialist in the new Act on Collective Damages in Class Actions (Dutch acronym WAMCA) class action laws introduced in 2020. The funders were represented by Patrick Moloney, CEO of litigation ‘financier’ LCM listed in Australia and the UK, and active also in Asia. Patrick bought a broader, more global view to the panel.
Released on Nov 29, 2024
On 14 June 2024, the IBA Litigation Committee and IBA Asia Pacific Regional Forum presented the first of the Litigation Asia Pacific Webinar Series, entitled ‘Litigating in China: domestic proceedings and cross-border enforcement’. It provided insights into strategies for international parties seeking to litigate against Chinese counterparts under the latest legal framework.
Released on Nov 29, 2024
Every judgment creditor has the right to enforce measures against a judgment debtor if the debtor fails to comply with a judgment voluntarily. The legal framework in Dubai for the enforcement of civil and commercial judgments, as well as in other parts of the UAE, has undergone significant change over the past two years. These changes have eliminated certain harsh measures against debtors and revised the legal dynamics between debtors and creditors.
Released on Nov 29, 2024