Employment and diversity lawyers and the ‘S’ in ESG
This article intends to highlight the workplace issues that have emerged as a result of the growing ESG movement.
Released on Apr 20, 2023
The importance of the ESG movement to employment and diversity lawyers
The emergence of a powerful ESG movement, embracing so many causes and interested parties, requires more attention by employment and diversity lawyers with regard to monitoring compliance issues and to anticipate campaigns and complaints in advance.
Released on Oct 3, 2022
Comparative Corner: drone laws in Mexico, Canada and the United States
In this edition of the IBA North American Regional Forum Newsletter, three drone lawyers – Edmundo Olivares Dufoo of Flores, Olivares, Cobián Abogados y Consultores (Mexico), Zain Hemani of Osler, Hoskin & Harcourt (Canada), and Michael J Lambert of Haynes and Boone (United States) – will provide a comparative overview of drone laws in Mexico, Canada and the US.
Released on Sep 13, 2022
Private equity: the rise of ESG considerations
This article discusses environmental, social and governance (ESG) and investment decision-making, the factors to be considered, and the key ESG considerations for private equity decision making.
Released on Sep 5, 2022
Letter from NARF Chair – September 2022
Released on Sep 5, 2022
Digital businesses and analogue challenges: start-up losses incurred in web-based businesses
The application of traditional tax rules is strained by the extension of internet technology to virtually every facet of business and our personal lives. In Kellett v Commissioner, the United States Tax Court updated traditional rules regarding the deductibility of start-up losses for a technology entrepreneur. This article explores how US tax rules are being adapted to 21st century businesses.
Released on Sep 5, 2022
Post-AK Futures: what lies ahead for hemp-derived psychoactive cannabinoid products?
This article summarises the Ninth Circuit’s recent decision in AK Futures and considers industry-wide impacts on the potential legalisation of delta-8 THC products derived from industrial hemp.
Released on Sep 5, 2022
Interview with Michael Maya – September 2022
Michael Maya has been the Director for IBA’s North America Office for almost ten years. In this interview he shares his insights on the future of the rule of law, why he is so passionate about it and how IBA members and the new generations can get more involved in promoting the rule of law. Michael also talks about the main contributions from the IBA to the legal community and some of the lessons he learned from Africa, among other fascinating views.
Released on Sep 5, 2022
North American Regional Forum – April 2022 – From the Chair
This is an introduction from the NARF’s Chair to the spring newsletter. It details upcoming programmes hosted by the NARF at the IBA 2022 Annual Conference.
Released on Apr 26, 2022
Comparative Corner: a discussion of pretrial discovery methods in Mexico, Canada and the United States
This article documents an informal discussion between three NARF members regarding the availability and scope of pretrial discovery in Mexico, Canada and the United States.
Released on Apr 26, 2022
Financial services regulatory: consultations on climate-related risks
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.
Released on Apr 22, 2022
Beware defaulting parties in arbitration proceedings
Arbitration is a widespread and common procedure for resolving disputes, but there is no procedural device in arbitration equivalent to a default judgment in a court of law. This article outlines the factors to be considered when arbitrating against a party who refuses to participate.
Released on Apr 22, 2022
The SEC’s tough stance on intermediary institutions: compliance and litigation risks
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.
Released on Apr 22, 2022
Comparative observations on pilot licencing: Mexico, Canada and the United States
International private aviation flights, also known as general aviation, can be conducted with minimal additional licensing requirements. This offers more efficient business travel for clients with access to general aviation aircraft.
Released on Apr 22, 2022
Meet the officer: an interview with NARF’s Chair Kelli Sager
With over 35 years of experience, Kelli Sager has been recognised as one of the most influential attorneys in media law and has held leadership positions in virtually every media-related bar association. In this interview, Kelli shares how she built her impressive career and why she is so passionate about free speech and cameras in the court.
Released on Apr 20, 2022
The wild world of NFTs
This article provides a brief introduction to the concept of non-fungible tokens (NFTs) and some of the challenges experienced in relation to these digital assets.
Released on Apr 20, 2022
Ontario’s Immigrant Nominee Program
This article outlines the eligibility requirements and types of approvals made under Ontario’s Immigrant Nominee Program.
Released on Apr 20, 2022
Mexican energy sector: a regulatory update
Mexico’s energy sector is undergoing regulatory changes and bracing for the Congressional discussion regarding constitutional changes that could have a major impact on the industry.
Released on Apr 20, 2022
Comparative corner - Autumn 2021
A light-hearted (non-academic) comparative discussion of the laws of Canada, Mexico and the United States, by lawyers from each of the three countries. This edition’s discussion focuses on a broad comparative overview of the legal systems.
Released on Feb 11, 2022
What you don't know about NFTs could hurt you: non-fungible tokens and the truth about digital asset ownership
Non-fungible tokens, or NFTs, are currently in the midst of the type of hype-cycle last seen in the blockchain/crypto world when initial coin offerings (ICO) were all the rage. On 11 March 2021, an NFT associated with a piece of digital art sold at auction at Christie’s for $69m. Other NFTs, such as one based on Jack Dorsey’s first Tweet, are selling for millions as well and there is an active secondary market for some NFTs which can drive prices up quickly after the initial sale. One of the key questions, especially for anyone focused on the legal issues raised by NFTs, can be posed in simple terms: What does a purchaser really own when he or she buys an NFT?
Released on Oct 8, 2021
More ‘Americanization’ of discovery? The fate of Section 1782 remains unsettled
In recent years international lawyers have grown increasingly concerned about the burdensome ‘Americanization’ of discovery in global disputes. The United States Supreme Court recently lost an opportunity to decide the fate of one of the most direct forms of such ‘Americanisation’ – whether parties in private commercial arbitration can seek discovery in US courts under Section 1782. Divisive litigation over Section 1782 will now continue until the Supreme Court resolves the issue and the circuit split.
Released on Oct 8, 2021
Is there a first amendment right to tweet?
Companies have already imported relatively restrictive European Union privacy rules into the United States. Now, the upcoming Digital Services Act in the EU may force social media companies to import relatively restrictive speech rules too.
Released on Oct 7, 2021
Covid-19: A new challenge for corporate governance
According to Vázquez-Palma, corporate governance should be understood as the way in which companies are directed and controlled; it is the rules, principles and procedures that regulate the structure and functioning of the Governance bodies of business companies. But what benefits does corporate governance provide? What must our corporate governance rules establish? This article answers these questions whilst highlighting opportunity areas and recommendations.
Released on Oct 7, 2021
What is a risk-based approach?
One of the most common phrases in corporate ethics and compliance is ‘a risk-based approach.’ What does it mean? How do you run a compliance programme every day when you use it?
Released on Oct 7, 2021
Manuela de la Helguera interviews Juan Pablo Hugues
Juan Pablo Hugues is a Mexican attorney currently working in – and loving – Washington DC. He formally represents sovereign entities in international disputes. But he also runs and eats a lot and spends as much time as possible with his wife, family and friends. His success is the result of dreaming big and working hard. He is going wherever the destiny he builds takes him. In this inspiring interview, Juan Pablo shares some insights of his successful career in public international law (PIL).