HumanRightsA breakfast meeting of the Business Human Rights Committee will take place to discuss matters of interest and future activities, as well as to provide updates on the activities of the Committee. 

Claims filed against companies that are alleged, or whose boards are alleged, to have permitted an atmosphere in which sexual misconduct or harassment was tolerated or to have misrepresented the measures the companies had taken to prevent or respond to misconduct, are on the rise. 
Also in the legal world, in our own working environment, we all have a responsibility to create a culture where bullying, harassment and discrimination doesn’t happen, and challenging it or reporting it if we see it happening. These matters can, from different positions, be difficult to deal with. Increasing self-awareness about the signs and symptoms and a pro-active approach, are essential. 
In roundtable discussions, this session explores strategies and shares experiences of how different jurisdictions are approaching this issue. It is open to all; litigators of all genders are warmly invited to participate in the debate. 
 

A breakfast meeting of the Power Law Committee will take place to discuss matters of interest and future activities, as well as to provide updates on the activities of the Committee.

YoungLawyersWhat makes a good lawyer? What are the qualities that are really indispensable for us as attorneys? What really defines our profession and distinguishes it from any other profession? Panelists have been requested to deep dive into their experience, elaborate and focus on just one quality that they believe is the most important for successfully conducting this profession. Is it preparation, is it precision, is it curiosity? Or something else? The session will enable participants to reflect on what the profession is today, where it is going and what are the distinctive features that will always be there, in spite of any new challenges. The session is intended to be the first of a series of inspiring meetings with colleagues who have the desire to share their views on the profession.

This session will explore common challenges franchise and distribution companies face when conducting business in Latin America. This session will cover several Latin American countries. Among the issues that will be covered are franchise disclosure and registration requirements, currency restrictions and foreign exchange risk, product importation, multi-concept franchise owners and distributors, and enforcement.

This panel will cover the various tax and non-tax considerations that individuals should consider before becoming a US income tax resident.  The panel will primarily focus on pre-immigration planning to mitigate exposure to US income and estate tax, including:  stepping up the client’s basis in assets prior to residency, addressing the impact of the various US anti-deferral regimes, creating income tax advantaged structures, and protecting assets from US estate and gift tax.  Panelists will also provide an overview of the technical rules on US tax income, gift and estate tax residency.  Further, the panelists, which consist of private client attorneys from around the world, will analyze how to coordinate US pre-immigration planning with the relevant tax and succession regimes in the client’s home jurisdiction.

In many countries, natives and immigrants are punished differently under the law. In addition to paying fines and facing incarceration, some non-citizens also face additional immigration penalties for violating laws and some countries have made violating immigration law itself a criminal act. Additionally, some countries offer crime victims and witnesses visa benefits. This panel will discuss these topics as well as the overall collaboration between immigration and criminal lawyers as they seek to represent their mutual clients.

DiversityInclusionD&O claims are on the rise across the globe. Over the last decade directors and officers of public and private companies have increasingly become targets in civil litigation, government investigations, and enforcement actions. In today’s claims and regulatory environment — with civil actions of many stripes often naming individual directors and officers as defendants and stepped-up enforcement activity by regulatory bodies — directors and officers are sharply aware that their personal assets may be at risk.  
Beyond the securities and derivative suits, SPAC-related claims, threats bearing down on the economy (supply-chain disruption; labor shortages; and economic inflation), D&O claims following in the wake of cybersecurity incidents and with investors and companies being ever more concerned with climate change, their carbon footprint and board diversity, an area of growth for D&O claims is anticipated. 
When companies falter, disgruntled owners, investors, creditors, and customers – fueled by third-party funders seeking jurisdictions in which to operate - often raise claims of mismanagement by senior executives and board members, particularly when insurance may be available to fund recoveries. 
In the midst of legal turmoil and corporate failure, various stakeholders – including directors and officers - need experienced counsel to help them navigate through complex legal claims and defences, together with coverage issues raised by D&O insurers and (global) settlement negotiations, with litigation funders playing their own role. The panel consisting of top- notch practitioners and experts will explore these challenges and specific dynamics from different perspectives, with often conflicting interests.

YoungLawyersBuilding and developing an international strategy and its implementation; including the utilisation of all available tools such as the IBA and National Law/Bar Associations etc. The relevant experience of senior and successful practitioners in discussion with a group of younger lawyers.

The Two-Pillar Solution acknowledges the importance of the STTR in achieving a consensus on Pillar II for developing countries, but so far has only identified interest, royalties and a “defined set of other payments” as being subject to the rule, has set the minimum rate for the STTR at a range from 7.5% to 9% and has relegated implementation to a bilateral negotiation upon request. This panel will explore the practical tension inherent in the Pillar II proposals in addressing the concerns of developed and developing countries with a particular emphasis on the challenges faced by developing countries in protecting their tax base and competing for revenue.

HumanRightsConfession-driven criminal justice systems incur a higher risk of torture and coercion during investigations and other information gathering processes. The Principles on Effective Interviewing for Investigations and Information Gathering, officially launched in June 2021, offer a solution-oriented approach to moving away from confession-based interrogations, towards rapport-based interviewing alongside the implementation of legal and procedural safeguards. What advances have been made in their implementation from legal, institutional, and practical perspectives? What challenges have been faced? And how can legal professionals best prevent coercive interrogation techniques, forced confessions and resulting miscarriages of justice? This session will explore these and related questions through insights and reflections from national, regional and international experts.

Without any unified international legislation with respect to what constitutes “legal gambling” the prosecution of such activities is a matter for each individual jurisdiction. The digitalisation of the offer, which enables these services to be provided in any jurisdiction, from any jurisdiction, has compounded the difficulties for national prosecutors in terms of prosecuting these activities. These issues are also paramount to legal operators, which can see their turnover greatly impacted by the offering of illegal gambling, and players who may be at risk of compromising their funds, their personal data and even of unknowingly collaborating with criminal organisations. However, some recent examples of a desire for more co-operation between national prosecutors and regulators may be one of the keys to a more efficient and successful prosecution. The session will also address the perspectives of prosecutors, regulators, operators and players.

A cross-border panel will discuss how their jurisdictions approach and deal with international data transfers and how prepared they are for European requirements. Has regulation gone to far and is policy pushing the envelope?

This interactive session will explore the benefits (and costs) of remaining a privately held company as compared to embarking on a public offering. As we know, there can be considerable benefits, and hidden downsides, to having listed securities. We will explore what needs to be done to prepare for a successful public listing and the pitfalls to avoid. We will also explore the characteristics of those organisations that have successfully executed on their strategic objectives without going public.

In advance of the session (over the course of September/October 2022), The Legal 500, on behalf of the Law Firm Management Committee, will canvass GCs and law firms to gather questions that they want to ask the panel/s about the simple ways that you can lose clients. As a result, the questions we will be asking will be editorially curated by Paul and myself, to give the sessions the right structure, but will be tailored specifically to the audience. What then follows is a “conference within a conference” the shorter sessions hold people’s attention, and a greater pool of speaker leads to diversity of thought and ideas.