Committee publications
The definition of workplace and enterprise in determination of competence for trade unions’ collective agreements under Turkish jurisprudence
The Turkish Collective Bargaining Agreements Law establishes distinct thresholds for determining a trade union’s eligibility to negotiate and conclude collective agreements. Multiple work locations can be collectively considered as a single workplace if they present in the form of a ‘connected place’. Conversely, an enterprise refers to a broader unit comprising multiple workplaces, potentially spanning different sectors, all under a single employer’s ownership and control.
Released on Jul 28, 2025
From courtrooms to contracts: navigating non-compete covenants through Italian case law
This article aims to highlight the most critical aspects of post-contractual non-compete covenants for subordinate employees, considering the latest developments in case law. Italian regulations strive to balance the protection of a company’s assets with the right to work. Case law plays a significant role in interpreting the legal requirements; this article analyses areas of uncertainty such as the amount and method of payment for due consideration, the scope of the agreement and the possibility of employer withdrawal, which companies must consider when drafting relevant contractual agreements.
Released on Jul 28, 2025
Artificial intelligence in Spanish collective bargaining agreements
Artificial intelligence (AI) is absolutely crucial for understanding the future of labour relations. In Spain, specific clauses on this subject have started to appear in a few collective bargaining agreements and are based essentially on respecting legal representatives’ rights to information and on the impact that AI can have on working conditions.
Released on Jul 28, 2025
Global talent mobility: overcoming legal and cultural barriers in India
As globalisation accelerates, businesses are increasingly seeking to tap into diverse talent pools, thereby driving innovation and enhancing competitiveness. However, navigating the legal framework in India, including compliance with immigration laws, social security contributions and establishing a local presence, sometimes presents challenges for organisations. This article discusses strategies for overcoming these legal and cultural barriers, as we delve into strategising the business structure, evaluating compliance obligations, developing inclusive work environments, offering cross-cultural training and addressing communication challenges.
Released on Jul 28, 2025
Employment termination in India: navigating legal frameworks, fair procedures and severance strategies
This article provides an overview of the key legal provisions in India that govern employment termination. It delves into the procedural safeguards in place to prevent unfair dismissals, highlighting the distinctions in employment termination practices across different sectors, the special protections afforded to vulnerable groups such as women, disabled or sick employees and the importance of adherence to principles of natural justice in the termination process.
Released on Jul 28, 2025
Navigating workplace investigations in the post-DEI era
With the growing attack on Diversity, Equity and Inclusion (DEI) initiatives in the United States, workplace investigations will undoubtedly be at the forefront of the changes. Employees in underrepresented groups may think that their employer no longer protects their needs while employers may fear audits, liability or penalties if they stray from the US President’s recent Executive Orders. This article examines how the evolving DEI landscape is shaping workplace investigations, Equal Employment Opportunity Commission (EEOC) investigation updates and how organisations can ensure fairness, due process and legal compliance through investigations in a post-DEI era.
Released on Jul 28, 2025
Navigating the landscape of non-compete agreements in Brazil: trends and transformations
This article explores non-compete agreements in Brazil, highlighting current case law and the potential impacts of the Federal Trade Commission’s decision to ban non-compete clauses. It addresses how globalisation and digital transformation are shaping the future of employment agreements in a complex legal environment, particularly in relation to non-compete agreements.
Released on Jul 28, 2025
The 80-year struggle to achieve equity in the workplace for women in Colombia – do we need to focus on more strong laws or on public and private programmes?
This article aims to explain how in Colombia, significant legislative and jurisprudential efforts have been made over 80 years to reaffirm the existence of equal conditions for men and women in the workplace. However, as will be observed, inequitable conditions between men and women remain prevalent.
Released on Jul 28, 2025
Summary of the IBA Webinar: ‘Championing Sustainability in Changing Times: How Can Law Firms Adapt and Thrive?’
A summary of the IBA webinar ‘Championing sustainability in changing times: how can law firms adapt and thrive?’, held on 3 June 2025. The webinar was presented by the IBA Law Firm Management Committee, supported by the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), Banking & Financial Law Committee, European Regional Forum and the IBA Legal Policy & Research Unit.
Released on Jul 25, 2025
Modernising payments and cross-border tax refunds: the implications of US Executive Order 14247
Executive Order (EO) 14247, Modernising Payments To and From America's Bank Account, mandates an end to paper cheques for all United States federal payments, including tax refunds, by 30 September 2025. This article analyses the EO’s impact on expatriate assignees, inbound non-resident taxpayers, multinational employers and non-US individuals or entities with US tax obligations.
Released on Jul 23, 2025
A seminar in Milan on shaping the future of venture capital: the IBA White Paper on pan-European model clauses for Series A investments
On 21 May 2025, Milan became the focal point for the European venture capital community as Portolano Cavallo, led by Antonia Verna, hosted a landmark seminar dedicated to the presentation of the International Bar Association’s (IBA) Lean Documents Project and its accompanying White Paper. This article provides a summary of the seminar.
Released on Jul 22, 2025
IBA European Fashion and Luxury Law Conference 2025: London edition sets the stage for industry innovation
The International Bar Association’s (IBA) European Regional Forum brought the global fashion and luxury law community together in London for the 2025 edition of its highly anticipated European Fashion and Luxury Law Conference. Held on 15–16 May at the iconic OXO2 venue, the event drew over 100 attendees, including leading legal professionals, in-house counsel and industry experts, all eager to explore the latest legal and commercial trends shaping the fashion and luxury sectors. This article provides an overview of the conference.
Released on Jul 22, 2025
The 22nd IBA Annual International Mergers & Acquisitions Conference: a European perspective
Unlike the 13th IBA European Corporate and Private Mergers and Acquisitions (M&A) Conference held in Paris in February, the IBA’s M&A conference held in June in New York attracts more lawyers from the Americas. Bringing together leading dealmakers, lawyers and leaders from across the globe, this is a landmark event that provides an opportunity to engage with lawyers from South, Latin and North America. This article provides an overview of the conference from a European perspective.
Released on Jul 22, 2025
Highlights from the 11th Annual IBA World Life Sciences Conference, 11–13 June, Boston
From 11–13 June, leading legal experts in life sciences and healthcare convened at the Ritz-Carlton, Boston, for the 11th Annual IBA World Life Sciences Conference. The event, co-hosted by the IBA Intellectual Property and Healthcare and Life Sciences Law Committees, brought together regulators, corporate counsel, private practitioners and academics to address the most pressing developments at the intersection of law, innovation and global health. This articles considers the key themes and panel highlights of the conference.
Released on Jul 22, 2025
Back to the future: a recap of the 9th IBA Global Entrepreneurship Conference
In celebration of ten years of global entrepreneurship, over 200 delegates gathered in Milan for the 9th IBA Global Entrepreneurship Conference, from 18–20 May 2025, to reflect on what we can learn from the past ten years and how we can use these lessons to prepare for the challenges of the next decade. This article recaps the subjects discussed at the conference.
Released on Jul 22, 2025
US Court of Appeals shakes up overseas forfeiture: due process strikes back
The US government has long relied on civil in rem forfeiture to seize assets linked to crime – even when those assets are overseas. But a recent Ninth Circuit decision has put a major roadblock in its way. This decision appears likely to change whether and how the US government can rely on foreign government action to establish jurisdiction over assets located outside the US.
Released on Jul 21, 2025
Crowdfunding in Pakistan
Crowdfunding is the process of raising large amounts of money from a large number of individuals to finance a new project, and it has completely changed the financial industry. Even while it has democratised currency access and disrupted long-standing financing norms, its introduction into developing countries such as Pakistan poses moral, legal and financial challenges, especially with regard to the crucial problem of asset tracing and recovery in the event of a crisis.
Released on Jul 21, 2025
The implications of the UK Supreme Court decision in El Husseiny v Invest Bank PSC
This article discusses the recent UK Supreme Court judgment in El-Husseiny v Invest Bank PSC. This was a case in which the appellants sought to restrict the scope of section 423 of the Insolvency Act 1986 (a provision to protect creditors from transactions at an undervalue for the purposes of prejudicing creditors) by seeking a finding that it did not apply when a debtor caused their company to dispose of company assets. After providing some historical context, this article briefly summarises the reasoning of the Supreme Court before discussing some of the implications.
Released on Jul 21, 2025
How to get your money in Texas
Texas is a large real estate, banking and energy market. Texas has an effective procedure known as ‘receivership’ which allows judgment creditors to recover assets from Texan individual and corporate debtors.
Released on Jul 21, 2025
Getting to Know the ERF – Dziuginta Balciune
Get to know the European Regional Forum’s Councill Office for Lithuania, Dziuginta Balciune.
Released on Jul 20, 2025
VAT on digital services in Sri Lanka: taxing the cross-border supply of services provided by electronic platforms
This article examines the imposition of VAT on digital services in Sri Lanka, specifically focusing on the supply of services by non-residents via electronic platforms to Sri Lankan consumers. It explores the current legislative framework, implementation challenges and the broader implications on the cross-border supply of digital services.
Released on Jul 18, 2025
It’s a matter of trust: foreign grantor trusts and other trust developments
This panel, at the 25th Annual US and Europe Tax Practice Trends Conference held in Amsterdam on 9 April 2025, discussed foreign grantor trusts in a cross-border context, focusing specifically on cases where US citizen settlors or beneficiaries of a US grantor trust relocate to Europe.
Released on Jul 17, 2025
Reversions: coming back to US-based multinationals
This panel at the 25th Annual US and Europe Tax Practice Trends Conference held in Amsterdam on 10 April 2025 discussed various topics related to multinational companies relocating back to the US and the different push and pull factors.
Released on Jul 17, 2025
Cross-border tax crimes [2025]
This session at the 25th annual IBA/ABA US and Europe Tax Practice Trends Conference in Amsterdam brought together legal experts from various jurisdictions to delve into the complexities of global tax evasion and fraud.
Released on Jul 17, 2025
M&A hot topics (2025)
This conference session at the 25th Annual US and Europe Tax Practice Trends Conference held in Amsterdam in April 2025 discussed a range of hot topics in regard to M&A. The co-chairs and the panellists elaborated on the relevant considerations, tax and non-tax related, relating to the choice of the top company jurisdiction in a merger of equals involving a US group and a non-US group. They also discussed recent trends relating to take-private deals in their respective jurisdictions.
Released on Jul 17, 2025
ComReg’s first enforcement action under the Universal Service Regulations
In a recent significant judgment with wide-ranging implications for electronic communications service providers, the High Court of Ireland has clarified the legal framework governing consumer switching under the Universal Service Regulations. The case, brought by the Commission for Communications Regulation (otherwise known as ComReg) against Virgin Media Ireland Ltd, was the first of its kind under Regulation 31, which empowers the High Court to declare non-compliance with the obligations imposed on communication providers by the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations.
Released on Jul 17, 2025
Digital platform regulation: developments in Germany
The past few years have seen the emergence of section 19a of the Act against Restraints of Competition as a central instrument for Germany’s intervention in digital markets, with the German Federal Supreme Court (Bundesgerichtshof or BGH) upholding the German Federal Cartel Office’s (Bundeskartellamt) decisions. This national regime complements the harmonised European Union-wide regime introduced by the Digital Markets Act (DMA). The Bundeskartellamt remains at the forefront of digital platform regulation in Europe, serving as both an enforcer and a testing ground for innovative approaches. This article provides an overview of the evolving regulatory landscape, the interplay between German and EU law and recent enforcement actions against major digital platforms.
Released on Jul 17, 2025
The NIS2 Directive in Bulgaria: telcos may face overlapping rules and be subject to multiple supervisory authorities
Directive (EU) 2022/2555 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148, commonly referred to as the NIS2 Directive, was due to be transposed into law and applied in Bulgaria by 17 October 2024. However, delays in the transposition of the law have been observed across most EU Member States. As of June 2025, Bulgaria’s transposition of the NIS2 Directive remains in the final stage of the legislative process before the national Parliament.
Released on Jul 17, 2025
The e-communications framework in Ukraine: a general overview
This article examines the regulatory framework in Ukraine for the electronic communications sector, established by the Law on Electronic Communications and its primary goal of achieving harmonisation with European Union legislation. It highlights the key regulatory pillars applicable to the sector, including the principles of general authorisation for market entry, radio frequency spectrum management and enhanced end-user rights. The article also addresses the special regulatory regime under martial law, the sanctions framework and key future developments aimed at the market’s continued evolution.
Released on Jul 17, 2025
Legal and ethical challenges in AI-powered smart homes: protecting data, cybersecurity and promoting sustainable innovation in digital economies
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.
Released on Jul 17, 2025