An open meeting of the Intellectual Property and Entertainment Law Committee held to discuss matters of interest and future activities.

An open meeting of the Law Firm Management Committee held to discuss matters of interest and future activities.

An open meeting of the Oil and Gas Law Committee held to discuss matters of interest and future activities.

An open meeting of the Latin American Regional Forum held to discuss matters of interest and future activities.

Cartel-busting, long the mainstay of antitrust enforcement, faces existential challenges in many jurisdictions. Leniency pipelines are no longer producing a steady flow of cases, but are slowing to a trickle, as booming private litigation and the rise of class actions in a number of countries make whistleblowing ever less attractive to cartellists.  Electronic communications result in what is at times an overwhelming volume of material to be sifted by all those involved. And artificial intelligence is spawning a wealth of new ways in which markets can be fixed, many of which are hard to detect, and some of which may be beyond the reach of existing laws. As legislators and agencies are reconsidering their amnesty/immunity regimes, the focus in enforcing cartel laws is moving beyond traditional sell-side cartel behaviour into labor and other “purchasing” markets. What is happening to international cartels and globally coordinated enforcement action in the meantime? This session will explore how enforcers, private practice and business around the globe are responding to these and other trends in cartel enforcement.

The objective of the session is to discuss how multinational electronic platforms such as Uber and AirBnB are being held liable or not liable for similar actions in different jurisdictions. The panel will try to answer the question about the existence of a single or multiple principles guiding lawmakers and courts around the globe in regard with accountability of electronic platforms for their wrongdoings.

A panel discussion on the opportunities and pitfalls faced by a buyer in making an offer in a pre-pack sale. This session will cover practical aspects to be considered by the buyer, such as valuation, pricing, employees and insolvency procedural issues depending on the jurisdiction.  The panel will also address whether buyers should consider taking on board fund managers in distressed asset acquisitions.

How do copyrights and smart contracts increase the value of non-fungible tokens (NFT), the new digital media asset? What are mere lines of code minted on a blockchain, represent a living digital work on the internet. These new assets are making it possible for creators to imbue physical properties like scarcity, uniqueness, and proof of ownership to digital assets. So is copyright a valuable right here? Do any moral rights remain with the artist? There are new methods and means of monetisation of items that were previously lost to the depths of the internet. But how secure is the (smart) contract covering these rights? NFT’s have brought to the fore the value of smart contract, nevertheless, many challenges remain, specially the uncertainty of international standards, security and privacy issues, and concerns about transparency and anti-money laundering. What safeguards do NFTs warrant?

SustainabilityFocusHumanRightsThe session will explore and explain the human rights and development link, within the meaning of Climate Change Justice. Moreover, it will identify challenges faced by the most vulnerable with the focus on women and girls, in accessing fair, equitable and meaningful access to climate justice. Through some of their stories, barriers and challenges accessing Legal Aid, will become transparent. It is known that 80% of people displaced by climate change are women [Gender, climate change and food security, issue brief, 2016 UNDP]. The commitment to mainstream a gender perspective into environmental climate change and disaster risk reduction policies includes promotion of women’s participation and leadership in decision making on environmental and climate change issues. However, when climate change justice or environmental justice is sought by vulnerable citizens to safeguard human rights, at local level within national borders, is Legal Aid available? Are there other approaches? What is meant by a ‘human centred approach’, within Climate Change Justice? Is it desirable that lawyers adapt for the Climate Crisis through human centred approaches by learning about trauma informed practice skills, mediation, and restorative practice processes, while advocating for the economic benefit of Legal Aid for the most vulnerable, who are seeking Climate Change or environmental redress and Justice? Justice is far too rarely described as ‘human centred’, yet to address climate change, this session seeks to discover its meaning and potential.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusRuleOfLawThis session will consider what the world could (and should) learn from Africa when it comes to the regulation and implementation of sustainable development practices.  Among other things, the panellists will reflect on the role that Africa's minerals resources will play in the green energy transition, the management of relationships with local and indigenous communities, governance and the consequences where the rule of law is disregarded, and finally, the need for collective action.  By drawing on specific examples, the panellists will identify the legal mechanisms which governments, development finance institutions, civil society organisations, and the private sector have used to establish and promote sustainable practices. They will also consider instances where things went wrong and explore measures which should be put in place to prevent similar events from recurring.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusD&I is commonly seen as a crucial component of the social pillar of ESG. Media and from institutional investors are now incorporating ESG considerations within their investment processes. How can a proper D&I policy improve company performances? Are there reliable metrics, key performance indicators or certification processes? And what are law firms doing to face the increasing clients' demand for better inclusion in the legal profession, is the Mansfield rule a model?

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusHumanRightsThere has been significant coverage on how public companies are dealing with the increased focus on ESG and investor expectations and demands around ESG initiatives. But how should private companies think about ESG as it relates to M&A, in particular around attracting investment capital from private investors. How has ESG become a focal point of closely held businesses? How do investors such as VC funds, family offices and other private capital sources think about ESG as part of their investment thesis? Do private companies need to think about ESG as part of their liquidity or exit strategy? This panel of industry leaders will review and discuss how ESG considerations can give rise to success or failure in the M&A and investment context with respect to private companies.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusHumanRightsHistorically, water has been allocated putting the highest priority on human uses - water for domestic, agricultural and industrial purposes. Beginning in the 20th Century, environmental demands began to take precedence. The 21st Century brings changes in availability caused by climate change, increased awareness of environmental needs, and increases in human demand. The panel will discuss governance over water given the multiple pressures on this resource, considering climate change, economic development, environmental needs and human rights.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

SustainabilityFocusThe purpose of the panel is to bring non-executive directors from public and private companies to demonstrate the challenges within administration boards to seriously include the climate change agenda.

SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.

Various rules have been modified recently to grant arbitrators authority to exclude counsel. Many practitioners believe this is going too far. This session will discuss this topic.

DiversityInclusionThe expectation for equitable, socially inclusive, and environmentally sustainable practices and behaviour from extractive industries investors has never been greater. It is a challenging context for investors and industry players to achieve the right balancing act to meet these expectations, while continuing to conduct essential operations and develop projects that are necessary to meet global demand in the oil and gas and mining sectors. A lack of understanding about the benefits deriving from and necessity for continued investments in the extractive industries seems to permeate the dialogue around the extractive industries in many societies. Nonetheless, we still see many diverse approaches from investors, governments and communities across different parts of the world when it comes to investment in extractive industries, project development and community relations.

This session will attempt to discuss what is working in different parts of the globe, reviewing successful and not-so-successful experiences and how these practical examples can help guide the evolution of the extractive industries in the future.

In this context, this showcase panel will: 

• address the viability of adopting some form of general standards for the extractive industries, seeking to offer a toolkit to balance the interests of extractive industry investors and companies, the development goals and rights of affected communities and global sustainability and environmental objectives;
• present speakers from different backgrounds who will debate key topics, including among other matters, free and prior informed consent, types of regulatory regimes, impacts on affected communities, human rights, economic participation and benefits sharing, fiscal stability and dispute resolution; and
• highlight the important role of the legal community to collaborate in these efforts and help bridge the diverse interests of different stakeholders involved in and affected by the extractive industries.  

HumanRightsRuleOfLawJudges are appointed to uphold the Rule of Law. They take on responsibilities for society to ensure the impartiality of legal process, provide fairness in courts, protect the rights of individuals and take important decisions upon the liberty of citizens. The role of judges in times of conflict, revolution and political oppression requires bravery to uphold the Rule of Law. There are many famous historical examples, but we have witnessed in modern times judges who have upheld their moral and ethical standards to ensure the Rule of Law prevails. Conversely, others have not, some because they have feared for their lives and that of their family (https://www.nytimes.com/2021/09/16/world/americas/venezuela-rights.html). This session will examine these problems in the 21st century. We will discuss certain jurisdictions where judges are the target of the enemies of the Rule of Law, we will look at case histories and discuss what protections can be made and how the international community should respond? https://www.bbc.co.uk/news/world-asia-58709353 https://www.ohchr.org/Documents/HRBodies/HRCouncil/FFMV/A-HRC-48-CRP.5_EN.pdf