Committee publications
Insolvency and Restructuring International - April 2026
Released on May 8, 2026
Message from the ERF Co-Chairs
With 2026 well underway, the Co-Chairs would like to share the energy, ideas and purpose that underlined our recent IBA European Regional Forum Officers’ and Council Members’ Retreat in Turin and set out the drivers of our work in the year ahead.
Released on May 8, 2026
Voices from the field – Lucas Passos
This series asks the Anti-Corruption Committee’s officers the most significant anti-corruption risks and challenges that are currently affecting their region. This edition is with Lucas Passos, the Committee’s Secretary, who discusses the anti-corruption landscape in Latin America and the Caribbean, including challenges surrounding politically exposed persons and the adoption of AI driven analytics into their systems at the World Bank Group.
Released on May 5, 2026
Voices from the field - Daniel Addo Asiedu
This series asks the Anti-Corruption Committee’s officers the most significant anti-corruption risks and challenges that are currently affecting their region. This first edition starts with Daniel Addo Asiedu, the Committee’s Regional Representative for Africa, who discusses Ghana’s uneven handling of cases of politically exposed persons and the country’s shift towards an anti-corruption landscape defined by digitised public financial management.
Released on May 5, 2026
Key US employment law issues of concern to Chinese employers in 2026: a strategic update
US employment law risk has expanded well beyond traditional human resources compliance. For employers operating in the US employment issues increasingly intersect with immigration enforcement, data governance, workplace management strategy and regulatory investigations. These risks are amplified by a fragmented legal system in which federal, state and local rules overlap, and where enforcement agencies and private litigants play an increasingly active role. This article provides a focused overview of five US employment law areas which are currently of the greatest concern to employers: immigration enforcement, DEI programmes, cybersecurity and employee data protection, challenges in implementing return-to-work policies and whistleblower claims. The article highlights enforcement trends, litigation risk and governance considerations most relevant to multinational and China-based employers.
Released on May 4, 2026
Managing multinational employment law compliance in the era of constant change: disability rights reform in North Macedonia’s labour market
This article analyses a new proposed Law on Professional Rehabilitation and Support of Employment of Persons with Disabilities to be adopted in North Macedonia, placing it within the broader challenges of multinational employment law compliance. It explores the law’s objectives, mechanisms, and alignment with EU and international standards, while considering implications for multinational employers navigating diverse regulatory frameworks.
Released on May 4, 2026
Union consultation goes digital amid renewed debate over traditional principles of union recognition
Recent Italian case law decisions spanned from considering the impact of increasingly digital workplaces on trade union rights to re-examining traditional union representation and recognition principles. In two 2026 decisions the Court of Cassation clarified that digital consultation methods may satisfy statutory obligations, provided that substantive participation is preserved. Together, these rulings reflect a consistent judicial approach: procedural forms may evolve, but the core functions of representation and collective negotiation must remain intact. Running in parallel, the Constitutional Court’s October 2025 ruling on Article 19 of the Workers’ Statute reshaped the criteria for workplace union recognition by rejecting exclusive dependence on company‑level bargaining participation as the sole gateway to RSA status and grounding representation rights in objective measures of union national representativeness.
Released on May 4, 2026
Navigating intermittency: how Canada is developing a reliable, resilient and secure electricity grid
Concerns about growing demand, blackouts, conflicts and even cyberattacks have put the need to focus on building reliability, resilience and security in electricity grids at the forefront of policy. Canada’s continued focus on energy diversification has led to a growing reliance on intermittent energy resources; however, these energy sources are not always reliable. To address these issues, Canada, both federally and provincially, is beginning to explore a variety of solutions, including modernising and better connecting the national grid, as well as enhancing energy storage.
Released on May 4, 2026
Electric power grids – how to achieve reliability, resilience and security with a growing share of intermittent sources. Are smart grids and BESS the solution?
Brazil’s energy sector is undergoing a rapid transformation, driven by the increasing integration of solar and wind power. While these sources offer environmental and strategic benefits, their intermittent nature poses significant challenges for grid stability. As the National Interconnected System struggles with technical and regulatory deficiencies, technological solutions such as smart grids and battery energy storage systems (BESS) become crucial to ensure reliability, flexibility and energy security. Swift regulatory action will be essential for the integration of smart grids and BESS, and, by extension, for the success of Brazil’s energy transition.
Released on May 4, 2026
The energy storage market in Brazil and its value for the development of data centres
The intersection of data centres and battery energy storage systems presents significant opportunities for Brazil and the broader global market. As the demand for data processing and storage continues to grow, fuelled by innovations such as AI, the need for reliable and sustainable energy solutions becomes increasingly critical.
Released on May 4, 2026
Getting to know the ERF – Jasmina Suljović
Get to know our members of the European Regional Forum, with the 2026 series starting with Jasmina Suljović. She describes her experience of being European as finding strength in togetherness and highlights how she hopes to learn from others within the ERF for the year ahead
Released on May 4, 2026
India’s new Labour Codes: recognition of trade unions
India’s new labour codes presents by far the biggest change in the country’s employment law legislative history. This article focuses on the concept of recognition of trade unions, as introduced by the law.
Released on Apr 29, 2026
The Nokia case: ‘genuine collective purpose’ and the future of enterprise-based representation
This article examines the Israeli National Labour Court’s ruling in the Nokia case, focusing on the legal definition of a ‘workers organisation’. The decision rejects recognition of an internal, enterprise-based committee, emphasising the requirement of a genuine collective purpose. The Court held that a body upholding individual employment agreements as primary cannot qualify for recognition. The article places this reasoning within broader transformations in labour markets, where hybrid models of representation are emerging. It argues that the ruling highlights an unresolved tension between traditional collective bargaining frameworks and evolving employee preferences for more flexible, individualised forms of collective representation.
Released on Apr 29, 2026
Collective proceedings in Brazil and the emerging procedural blueprints for structural proceedings and corporate civil class actions
As a civil law jurisdiction, Brazil currently has numerous proposed bills before its legislative bodies. In recent years, two pending proposals before the National Congress that could significantly change the landscape of collective proceedings have gained momentum: bill project number 2.925/2023 and bill project number 03/2025. This article summarises the main changes these proposals, as they currently stand, would introduced to the regulatory landscape of collective proceedings in Brazil.
Released on Apr 29, 2026
Canada’s class action landscape: what international counsel need to know
Canada continues to entrench itself as one of the most active and plaintiff‑friendly class action jurisdictions globally. In 2025, more than 200 proposed class actions were filed across the country, confirming both the scale and the sustained momentum of collective litigation north of the border. For international lawyers advising multinational clients, these developments underscore Canada’s growing relevance as a source of litigation risk, particularly in matters involving data, digital business models and emerging technologies. This article explores the country’s landscape, analysing increases in data privacy class actions, the continued increase in environmental litigation and the emergence of AI as a defining feature of the industry.
Released on Apr 29, 2026
Cost recovery risks in Italian class and representative actions
This article examines how Italy’s loser pays rule interacts with class actions and representative actions brought by undercapitalised consumer associations, exposing defendants to significant cost recovery risks even when they prevail based on the merits of the case. The Italian framework is also compared with other jurisdictions that rely on security for costs and calibrated reforms are suggested that aim to reconcile effective collective redress with the fair allocation of litigation expenses.
Released on Apr 29, 2026
Recent developments and pending legislation relating to representative group litigation in Singapore
This article explores the specific frameworks of Class Actions in Singapore. Examining recent cases in cryptocurrency and environmental damage, this article explores how the country is moving forward with proposed legislation that would reform the representative system for retail investors and establish a grant scheme to co-fund meritorious investor actions to address the funding gap.
Released on Apr 29, 2026
Due process in structural litigation: some areas in need of attention in Brazilian Bill 3/2025
The Brazilian Bill 3/2025, or the ‘Structural Litigation Bill’, proposes the creation of a dedicated statutory framework for structural collective litigation, which would introduce a flexible, prospective procedure that is designed to address complex systemic disputes. This article argues that structural litigation, as envisioned by the Bill, presents significant challenges to the rule of law in regard to civil procedure.
Released on Apr 29, 2026
Collective redress in competition law: collective actions versus bundling of claims
Collective redress mechanisms in competition law serve the objectives of providing access to justice for those harmed by anti-competitive conduct, improving judicial efficiency in managing the volume of claims generated by systemic infringements and deterrence. While public enforcement imposes fines paid into the public treasury, victims receive no direct compensation. Therefore, private enforcement operates not as a substitute, but as an indispensable complement to public enforcement activities. Where opt-out collective actions are available, compensation becomes feasible at scale; where they do not exist, rational apathy prevails in regard to low-value claims per capita or alternative aggregation devices put a strain judicial resources. This paper examines the potential that the European Union’s Representative Actions Directive, would have had to overcome the obstacles of the different modes of aggregative litigation (claims bundling and assignment) had it included competition law within its scope. Aside from this gap, other challenges related to European private law are put forward, as they need to be tackled to ensure the effectiveness of competition law.
Released on Apr 29, 2026
Home is where the heart is… or the taxman says! Global mobility and the digital nomad
prioritising stability, lifestyle and professional ecosystems over purely tax-driven relocation strategies.
Released on Apr 28, 2026
Tracking FATF compliance in North America: Mexico, the US and Canada
The Financial Action Task Force (FATF) is an inter-governmental standard setter created in 1989 to protect the international financial system from abuse. It develops global anti–money laundering, counter-terrorist financing and counter-proliferation financing standards evaluates how well countries are implementing them and promotes cooperation among governments, supervisory bodies and the private sector. This article scrutinises the compliance amongst the countries of North America and their trajectories moving forward on their pathways.
Released on Apr 28, 2026
The $100,000 jurisdictional challenge: a fast-paced and exciting discussion comparing old and new planning jurisdictions
The private wealth landscape is increasingly shaped by multi-jurisdictional planning, as families seek to combine the advantages offered by different legal systems. The ‘$100,000 jurisdictional challenge’ session brought together practitioners from Guernsey, Malta, Singapore and Poland, with additional commentary on Panama, to compare the structuring tools, tax environments and practical realities in each jurisdiction.
Released on Apr 28, 2026
We will always have Paris – takeaways from the IBA M&A Conference February 2026
This article gives an overview of the IBA M&A Conference which took place in Paris earlier this year. This conference enjoyed a familiar mix of different professions which attendees had come from, allowing participants to explore a variety of perspectives in the M&A landscape through discussing different markets, the impact of AI and the future of investment.
Released on Apr 27, 2026
ERF Officers’ and Council Members’ Retreat 2026 – reflections from Turin
This article gives an oversight into the IBA European Regional Forum officers’ and advisory board members’ retreat, as well as the council members’ retreat in Turin. Set in a historical backdrop which has been transformed into a city of sustainability, the meeting produced a productive environment for attendees, as well as a space to network and socialise.
Released on Apr 27, 2026
6th European Automotive and Mobility Services Conference – exploring the future of mobility in Munich
The 6th European Automotive and Mobility Services Conference, held on 25–26 March 2026 at Upside East in Munich, brought together legal professionals and industry leaders to explore the rapidly evolving automotive and mobility landscape. This article highlights the dynamic programme which addressed topics such as AI and the growing importance of data and cybersecurity in this space.
Released on Apr 27, 2026
4th Annual IBA ESG Conference – a global dialogue on the future of ESG
The 4th Annual IBA ESG Conference took place in Paris on 25–27 March 2026, bringing together practitioners and experts from across jurisdictions to discuss the rapidly evolving ESG landscape. This article highlights the key discussions and presentations that occurred, including presenting the IBA Nature-Intelligent Legal Services Toolkit and discussing the nature of ESG regulatory frameworks.
Released on Apr 27, 2026
ERF Diversity & Inclusion Working Party – 2025 highlights and plans for 2026
The European Regional Forum D&I Working Party is one of the Forum’s five working groups and serves as a platform for exchanging views, sharing practical experience and discussing developments in diversity and inclusion. This article sets out the group’s 2025 in review, with regular monthly meetings and discussions which look forward to the year ahead.
Released on Apr 27, 2026
Between algorithms and fundamental rights: the EU’s AI Act and its impact on Latin American employment law
This article examines the growing adoption of Artificial Intelligence (AI) systems in employment and analyses how the European Union (EU)’s AI Act is influencing emerging regulatory frameworks across Latin America, particularly in areas such as transparency, risk classification, human oversight, and worker protection. It highlights how Argentina, Brazil, Chile, and Uruguay are aligning with EU standards while navigating local institutional, economic, and ethical challenges in shaping AI governance for the workplace.
Released on Apr 21, 2026
Mexico’s new pay transparency era: from ‘equal pay for equal work’ to enforcement, data and job-posting transparency
Recent constitutional and Federal Labour Law (FLL) reforms in Mexico have reframed equal pay as a structural obligation to reduce the gender pay gap, moving beyond its traditional role as an individual anti-discrimination guarantee. This article examines the implications of this shift and the emerging pay-transparency proposals which may soon reshape employer compliance expectations.
Released on Apr 21, 2026
Artificial intelligence at work: a Malaysian perspective
Artificial intelligence (AI) is rapidly reshaping Malaysia’s workforce by transforming job roles, productivity expectations, and necessary skill sets, creating both opportunities for efficiency and risks of displacement. In response, upskilling initiatives and digital education reforms have been introduced to equip employees with AI competencies, while emphasising the need for coordinated policies to ensure automation complements human labour.
Released on Apr 21, 2026