Committee publications
Blurred lines: law, science, and the regulation of dual-use biological research
Covid-19 showed the world how catastrophic biological threats can be. Dual-use research of concern (DURC) – research that could benefit society but also be misused as bioweapons – has always existed in life sciences. With artificial intelligence (AI) now accelerating research capabilities, global biosecurity frameworks urgently need strengthening. This article traces DURC’s evolution from voluntary scientific self-regulation to today’s complex legal landscape; examines how major jurisdictions regulate biosecurity differently; and proposes an adaptive framework that balances scientific innovation with national security through enforceable verification mechanisms, proportionality principles and international cooperation.
Released on Dec 3, 2025
AI in drug discovery: a regulatory tightrope walk
Artificial intelligence (AI) is revolutionising drug discovery, offering unprecedented speed and precision. However, its opaque decision-making, data bias risks and continuous learning capabilities challenge traditional regulatory frameworks. This article explores the need for explainability, data integrity and adaptive oversight, advocating for risk-based, globally harmonised approaches to ensure safety, accountability and innovation in AI-driven pharmaceutical development.
Released on Dec 3, 2025
A new era of climate accountability: unpacking the implications of new international advisory opinions for corporations
This article summarises highlights from the ‘Climate change: implications of the International Court of Justice and Inter-American Court of Human Rights advisory opinions for corporations’ webinar which took place on 9 October 2025. The webinar was presented by the IBA Oil & Gas Law Committee, supported by the IBA Business Human Rights Committee, the IBA Power Law Committee, the IBA Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL), the IBA Asia Pacific Regional Forum, the IBA African Regional Forum and the IBA’s Legal Policy & Research Unit.
Released on Dec 1, 2025
Interview with Ambassador David MacNaughton on diplomacy, dealmaking and the rule of law
At the Corporate and M&A Law Committee reception and dinner at the Art Gallery of Ontario, Ambassador David MacNaughton was interviewed by Committee Co-Chairs Nicola Charlston and Bertrand Cardi. He offered pragmatic reflections on diplomacy and negotiation in an era of heightened geopolitical complexity.
Released on Dec 1, 2025
Locking up the deal – perspectives and practices from around the world
This 2025 Toronto session explored the mechanisms and strategies used by global deal practitioners to provide greater deal certainty in regard to M&A transactions. The panel, chaired by Sarah Young and Rabindra Jhunjhunwala, featured perspectives from legal advisers, in-house counsel and an investment banker, with the panel hailing from the United States, Canada, Japan and India.
Released on Dec 1, 2025
The role of shareholders in M&A transactions
This 2025 Toronto session explored the different ways of dealing with shareholders when executing M&A transactions. In particular, the panel, which was moderated by Gabriella Covino and Harry Coghill, noted that significant M&A transactions generally require engagement with one or both sets of shareholders.
Released on Dec 1, 2025
M&A café – roundtables
The M&A café roundtables session, organised by Dovilè Burgiene and Lorenzo Olgiati, featured five specialised discussion sessions involving participants, with each session led by experienced moderators. The roundtables covered hot due diligence issues; government intervention trends; the impact of AI on M&A transactions; directors’ liability issues; and private equity transaction trends, respectively.
Released on Dec 1, 2025
Distressed M&A: geopolitical upheaval, distressed M&A markets and strategies for success
This panel at the IBA Annual Conference Toronto 2025 examined the impact of global economic uncertainty on distressed M&A activity, addressing market trends, deal structures and jurisdictional differences. The panelists discussed strategies for managing pre-insolvency and insolvency transactions in their relevant jurisdictions and from different angles, with particular attention paid to due diligence challenges, stakeholder coordination and liability management.
Released on Dec 1, 2025
Canadian pension funds – the evolving Canadian model
This panel session at the IBA Annual Conference Toronto 2025 was on the subject of ‘Canadian pension funds – the evolving Canadian model’ and featured an impressive line-up of participants from four of the ‘Maple 8’ pension funds.
Released on Dec 1, 2025
Running auctions or strategic review processes – legal tips and advice
This 2025 Toronto conference session offered valuable insights into the design and execution of auction and strategic review processes during M&A transactions.
Released on Dec 1, 2025
Welcome to the wild west: activism in Canada and elsewhere
This 2025 Toronto session provided a lively discussion among the panelists involving a live activism scenario, covering relevant legal considerations to keep in mind, potential defensive measures, components of a strong activism response framework and adviser team, as well as shareholder engagement strategies, among other subjects.
Released on Dec 1, 2025
Data centres: the good, the bad and the ugly
This discussion at the IBA Annual Conference Toronto 2025 looked at the explosive growth of global data generation, examining how rising AI workloads, hyperscaler expansion and power scarcity are reshaping the fundamentals of site selection, permitting, energy strategy and infrastructure planning.
Released on Dec 1, 2025
Navigating franchise investments: legal strategies for private equity in franchise transactions
This joint committee panel at the IBA Annual Conference Toronto 2025 involved a thoughtful discussion among the panelists covering the relevant legal considerations to keep in mind when dealing with private equity (PE) investments in franchise transactions, which was of interest to practitioners involved in private equity practice, as well as advertising and franchise specialists.
Released on Dec 1, 2025
Mergers: practical issues in international M&A deals
Planning and structuring an M&A deal is becoming increasingly challenging, especially when dealing with cross-border transactions involving multiple jurisdictions. This session at the IBA Annual Conference Toronto 2025 focused on how to navigate this shifting landscape and effectively manage antitrust risks within M&A transactions.
Released on Dec 1, 2025
Business combinations of profit-driven companies with purpose-driven companies
This 2025 Toronto session explored how mission-focused and profit-oriented organisations can align their values and strategies during mergers, investments and in regard to governance.
Released on Dec 1, 2025
Foreign direct investment and political considerations in M&A deals: increasing scrutiny in an era of greater protectionism
This 2025 Toronto session was moderated by Audrey Chen and Alastair Mordaunt, with experts from Germany, Canada and the United Kingdom. It discussed the constantly evolving foreign direct investment landscape, noting that outcomes are unpredictable when facing various practical challenges.
Released on Dec 1, 2025
Why take chances? A deep dive into the regulatory, compliance and transactional complexities of acquiring a gambling business
Gambling M&As in North America and Europe today in the .com space often involve activities that are not legal in the sense that they are not specifically licensed or authorised by the relevant jurisdiction in which they operate, raising numerous challenges for lawyers. This panel at the IBA Annual Conference Toronto 2025 explored this subject.
Released on Dec 1, 2025
Treat-ease? Not if GAARs and the PPT can help it
The implementation of general anti-avoidance rules (GAARs) has been an attempt to prevent the use of tax treaties to enable tax evasion, granting a country’s tax authority enough power to disregard a particular corporate structure or transaction, and deny a benefit granted by a double taxation treaty when tax avoidance could exist. Even so, the task of GAARs comes with challenges, as the interpretation of ‘when’ and ‘how’ GAARs should be applied can vary from one country to another. This session at the 2024 IBA Annual Conference in Mexico City discussed the status on the implementation of GAARs in Brazil, Mexico, Switzerland and the Netherlands.
Released on Nov 25, 2025
Structuring business investment into Mexico
This panel at the 2024 IBA Annual Conference in Mexico City addressed the main recent developments in the tax structuring of foreign investments into Mexico. Considering that such foreign investments are predominantly made by United States investors (41.4 per cent of investment over the period 2006–2024), and by Spanish investors (10 per cent of investment over the same period), the panel focused first on the main general tax implications arising in Mexico for foreign investors.
Released on Nov 25, 2025
Mandatory reporting and the preservation of client rights to privacy, access and privilege
Mandatory reporting obligations adopted by different jurisdictions have created tensions between fundamental principles such as solicitor-client privilege, confidentiality and transparency. As countries implement stricter reporting regimes, different parties face challenges balancing compliance with these principles. This panel at the 2024 IBA Annual Conference in Mexico City discussed the approaches and current developments in different countries on these subjects.
Released on Nov 25, 2025
Tax-AI-tion and the digital divide – how does artificial intelligence impact on tax practice?
This panel at the 2024 IBA Annual Conference in Mexico City provided an in-depth exploration of the challenges and opportunities that AI presents to taxation and transfer pricing. Experts from various countries, including Argentina, Brazil, Mexico, South Korea and Spain, addressed how AI impacts value chains, the evolving role of AI in tax administration, and the regulatory frameworks needed to ensure fair practices.
Released on Nov 25, 2025
Employers of record: a global review of immigration, employment and tax issues
This panel discussion at the 2024 IBA Annual Conference in Mexico City examined the complexities associated with the employer of record (EOR) model in global employment contexts. The panel featured legal experts from different regions, who shared their insights on the challenges, limitations and operational strategies associated with EORs.
Released on Nov 25, 2025
Business without borders: managing the impacts of corporate and C-suite mobility
This panel at the 2024 IBA Annual Conference in Mexico City addressed the primary fiscal challenges associated with cross-border corporate and executive mobility, including issues related to permanent establishments, place of effective management and their consequences – such as exit taxes – in Brazil, Italy, Mexico, Portugal, Switzerland, and the United States.
Released on Nov 25, 2025
Tax considerations in the digital economy
This panel at the 16th IBA/ABA US and Latin America Tax Practice Trends Conference in Miami, in June 2024, analysed how different countries implement new tax regimes in the digital economy era, particularly by addressing the current legislative landscape and the challenges experienced and efforts made by each jurisdiction.
Released on Nov 24, 2025
Startups and new businesses: tax planning for long term success
This panel at the 16th IBA/ABA US and Latin America Tax Practice Trends Conference in Miami, in June 2024 addressed on a country-by country basis the various tax considerations for startup businesses in Latin America looking to expand both domestically and abroad. Additionally, the panel also discussed the tax considerations for US businesses looking to expand into Latin America.
Released on Nov 24, 2025
Impact of GAARs and mandatory disclosure on client advice
Domestic law is often used to combat abuse and tax planning. Some countries apply anti-avoidance rules independently if there is no anti-avoidance clause included in the relevant tax treaty to avoid double taxation. Other tax treaties expressly authorise it, among others due to the entry into force of the multilateral instrument. Clients are increasingly facing the application of general anti-avoidance rules (GAARs) in connection with anti-avoidance rules included in tax treaties, together with increased mandatory disclosure rules (MDRs). This panel at the 16th IBA/ABA US and Latin America Tax Practice Trends Conference in Miami, in June 2024, discussed GAARs and MDRs in several jurisdictions, and the impact thereof on client advice.
Released on Nov 24, 2025
HNW clients: transparency in the United States and Latin America
This panel – at the 16th IBA/ABA US and Latin America Tax Practice Trends Conference in Miami, in June 2024 – focused on the evolving landscape of tax transparency and compliance for high net worth (HNW) individuals and multinational businesses in the US and Latin America.
Released on Nov 24, 2025
Exiting and moving out: entity shut down – where, when and why?
This panel at the 16th IBA/ABA US and Latin America Tax Practice Trends Conference in Miami, in June 2024, focused on why multinationals consider migrating and the most common recipient jurisdictions. The panel navigated the country specific tax and non-tax reasons considered by decisionmakers when facing these migrations.
Released on Nov 24, 2025
Financing and investing in energy, critical minerals and renewables in the Americas
This session – at the 16th IBA/ABA US and Latin America Tax Practice Trends Conference in Miami, in June 2024 – began with a brief overview of relevant facts including that energy and extractives covers a broad range of activities in different industries and different stages of production. The relevance of any particular industry or activity varies from country to country throughout the Americas, as does the level of private participation, which also varies from industry to industry and even project to project
Released on Nov 24, 2025
Defending multiple fronts – the prevalence, perils, and best practices of parallel civil and criminal tax enforcement proceedings
The chair commenced this session – at the 16th IBA/ABA US and Latin America Tax Practice Trends Conference in Miami, in June 2024 – by outlining the key subjects that the speakers would cover regarding the implementation of civil and criminal tax regulations across different countries. Additionally, he provided a concise introduction to tax loopholes and the investigative tools employed by authorities in criminal proceedings. He also underscored the significance of the Pandora papers, and the widespread impact this phenomenon has had on various countries.
Released on Nov 24, 2025