Cyber risks to companies and their customers and employees have reached unprecedented new levels. The onslaught of ransomware attacks, state-sponsored cyber intrusions, and myriad online fraud schemes is now combined with the renewed specter of politically motivated, destructive cyber-attacks on a global scale, including against critical infrastructure companies. This session will begin with a keynote and fireside chat featuring Rob Silvers, U.S. Department of Homeland Security Undersecretary for Policy and recently appointed by President Biden to head the nation’s first Cyber Safety Review Board. This will be followed by a panel of leading cyber and data privacy legal counsel from companies and law firms around the world, who will address how lawyers can drive positive changes for their clients and firms in managing emerging cyber risks.

HumanRightsRuleOfLawThe international ecosystem of courts and legal protections that preserves and promotes rule of law, human rights and democracy seem to be in peril. Governments increasingly are straying from their international commitments with regard to refugee protection, freedom of expression, the right to protest and many other areas of law fundamental to peace and justice. What is to be done?

SustainabilityFocusThe role of corporations in being part of both the problem and the solution of climate change and sustainability has never been more pronounced. Pressure from activist investors and financial institutions are holding companies increasingly accountable for their environmental, social and governance (ESG) performance. Governments, activists, and customers are focused on corporate contributions to climate change and the adequacy of efforts to address emissions through various net-zero commitments. This is creating legal issues for boards, corporate leadership and governance, and the courts as these issues move from advocacy and policy to regulations, liability, and litigation. This showcase panel will focus on the growing intersection between the climate change and ESG movements and the role of the lawyer in advising clients to prepare for and mitigate legal risks through corporate governance in the wake of growing regulatory and stakeholder pressures, and preparing to address them when issues translate to litigation and liability.

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.

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.  

HumanRightsRuleOfLawThe futurist Ray Kurzweil has forecasted that artificial intelligence may reach or exceed levels of human intelligence by 2029. It does not matter whether the timing of the prediction is accurate. What matters is how we deal with a technology that has the potential to outpace human development. Therefore, a forward-looking regulation is required in order to protect a humane society and human rights. Today, we can observe the rapid progression of self-driving cars or robots in healthcare. What we have not yet seen to the same degree is how human judgment is taken over by AI. If we want to preserve a human society where humans continue to make the final decisions, we need, however, to make sure that humans remain in control. These considerations hold particularly true for the areas of advocacy, justice, law enforcement, and public administration. While still in its early stages, digitization is also advancing in these sectors, which are central to the functioning of each democratic society. Stressing the importance of a human society is not denying the benefits of innovation and progress. For example, studies have shown that less than 50% of the population have access to the legal system in some jurisdictions. Technology – including AI-based instruments – can help broaden such access due to lower costs and easy access. Intelligent systems could for instance, be used to largely automate the submission of briefs and the issuing of court orders in civil proceedings. However, once AI-based technology is applied in the courtroom or in the decision-making process, fundamental legal rights could be seriously affected. While lawyers will adapt their working methods and use new technologies, they will continue to consider themselves as advocates of those who need them and as guardians of the rule of law as an overarching principle of freedom and democracy. This will not apply, on an algorithm, be it as intelligent as it may be. Bars should, therefore, actively participate in the regulation of AI being applied in the areas of advocacy. Acknowledging the increasing importance of AI in modern society, and the expected benefits when used at the service of the legal profession, key questions need to be discussed when drafting a new framework on AI.

SustainabilityFocusRuleOfLawAt the 2021 IBA Global Showcase, Sanda Ojiambo, the CEO and Executive Director of the UN Global Compact sent a clear message to the international legal community: “We cannot deliver on the UN Sustainable Development Goals without peace, justice and strong institutions”. Although the legal profession has a role to play in the effective implementation of most, if not all, of the 17 UN SDGs, and their translation into ESG activity, UN SDG 16 covering "Peace, Justice and Strong Institutions” lies at the heart of the IBA’s mission. The business of law is not possible without the Rule of Law, which in its turn requires peace, justice and strong institutions.

This showcase session, presented by the IBA Section on Public and Professional Interest, will focus on how UN SDG #16 provides a golden thread that runs through much of the IBA’s activity. The session will be interactive and innovative, aiming to:

• pool the ideas relating to SDGs and ESGs discussed at other conference sessions held earlier in the week, and connect them to “Peace, Justice and Strong Institutions”; and 
• crowdsource the core content to ensure the IBA is actively collating key work on SDGs and ESG and sharing knowledge with members and others.

By drawing directly and immediately on the activities of IBA committees, sections and regional fora, we will build up a portrait of how the legal profession is contributing to UN SDG 16.

If you want to less talk and more action this is the session to be at! Contact us if you would like your IBA session or other committee activities to be part of this.

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.

RuleOfLawThe Rule of Law Forum has been given the responsibility to provoke, urge and assist the membership of the IBA in supporting and promoting the rule of law. As part of that, the final day of the IBA Annual Conference has always been dedicated to rule of law issues, with high-profile speakers from around the world participating. Following successful rule of law symposia in Chicago, Singapore, Buenos Aires, Madrid, Vancouver, Dubai, Dublin, Boston, Tokyo, Vienna, Washington, DC, Sydney, Rome, Seoul and the final day of the conference in Miami will once again be devoted to the rule of law.

RuleOfLawThis panel will focus on the role of international law in modern conflict generally and the Ukraine crisis specifically. Panellists will discuss war crimes enforcement/accountability, de-escalation/conflict resolution, the role of sanctions and the role of private business. As it concerns the Ukraine crisis, panellists will consider whether or not the rule of law exists in conflicts involving superpowers and what can be done, through the enforcement of international norms and instruments, to restore the international rule of law in Ukraine.

RuleOfLawIn 2015, the world observed the 800th anniversary of the Magna Carta, a key milestone in the development of the rule of law that acknowledged, among other things, the subordination of the executive to law. While great strides have been made across the globe to deepen and solidify the rule of law in 800 years, new challenges have emerged since 2015 to threaten progress made in countries where the rule of law previously seemed stable and uncontroversial.

Our diverse and prominent panel of speakers, including speakers who have served at the highest levels in government, will explore the role of the executive in ensuring domestic rule of law, and how executive overreach can and has result in rule of law failures. Our speakers will also consider how leaders' commitment to the rule of law results in success versus failure.

RuleOfLawThis session is part of the IBA Foundation's Rule of Law Town Hall series

Our distinguished guests will discuss the phenomena of misinformation, disinformation, and their widespread acceptance; the risks that they can pose to democratic societies and the rule of law; and how inaccurate information can most effectively be countered and its destructive potential avoided.

While propaganda is not new, our generation has seen what can happen to the rule of law when misinformation and disinformation are combined with the power of social media. We have seen a grand false narrative in Russia, the hacking and weaponization of information for political purposes, and the widespread dissemination of false information in the United States that has further polarized that country. Not only can disinformation threaten the rule of law, but, as the January 6 attack on the U.S. Capitol has shown us, it can threaten and de-stabilize democratic societies.

This session will discuss how the United States, and other countries, might deal with this new phenomenon. Various approaches have been discussed, among them:

• credible investigations that document facts and expose disinformation;
• prosecutions of those who, based on misinformation, violate the law;
• regulation of dissemination of disinformation on social media;
• a re-examination of traditional free speech standards and protections;
• updated journalistic standards and techniques for reaching the public;
• election of candidates who are problem-solvers rather than ideologues;
• and improved civic education and a better-informed citizenry.

In this town hall style session knowledgeable speakers with relevant first-hand experience from the United States and around the world will explore these topics in a non-partisan debate that encourages audience participation.

Neil Brown, president of the Poynter Institute for Media Studies, co-chair of the Pulitzer Prize Committee, host of Politifact’s United Facts of America: a festival of fact-checking; formerly editor and vice-president of the Tampa Bay Times and of the Congressional Quarterly.

Lyrissa Lidsky, Erlich Chair in Constitutional Law, University of Florida Levin College of Law; a co-author of texts on Media Law and the First Amendment, commentator on threats of social media; former dean of the University of Missouri School of Law.

Alan Raul, head of Sidley & Austin’s Cybersecurity practice; vice-chair of White House Privacy and Civil Liberties Oversight Board; Harvard Law lecturer on “Digital Governance: Privacy and Technology Tradeoffs”; former Associate Counsel to President Ronald Reagan.

Lubna Shuja, president of the Law Society of England and Wales (the first Asian and first Muslim to hold that position); given her current leadership position and cross-cultural background, Ms. Shuja will bring an international perspective to these important issues.

Moderator, Homer Moyer, Senior Counsel, Miller & Chevalier; former chair, IBA Rule of Law Forum; former General Counsel, U.S. Department of Commerce; founder, CEELI Institute, a post-graduate rule of law training center in Prague.

Moderator, Stephen Denyer, Director of Strategic Relationships at The Law Society of England and Wales, Co-Chair of the Rule of Law Forum, member of the IBA Nominations Committee and of the Advisory Board of the IBA Women Lawyers Committee.