Conference programme

In February 2022 the European Commission adopted a proposal for a directive on corporate sustainability due diligence. By Summer 2023 the parliament is expected to take position and by the time the Annual Conference takes place a final text may be already underway. Some countries have already adopted rules on this delicate topic, such as Germany with the Supply Chain Act. The directive will aim at fostering sustainable and responsible corporate behavior and bringing forward environmental goals and care for human rights in the everyday business conduct of companies. Specific obligations will be set out so that specific risks of human rights abuse and non-sustainable conducts are minimized. The new rules will have an impact also on companies based outside the EU wishing to export goods within the union, as well in groups of companies. The focus of the directive is to move from what companies say to what companies actually do about ESG. Panelists will discuss the proposed directive and the impact on companies and adjudgments needed. 

This panel will discuss estate planning possibilities for clients who find that forced heirship rules do not protect against their unfit heirs, including spendthrift, abusers, unable and undeserving. Specifically, the panel will discuss various forced heirship rules, the EU Succession Regulation Brussels IV, and asset protection structures.

The session will focus on the need for financial institutions to consider ESG risks in their risk management framework.

A panel of GC's and law firm attorneys will give advice to a new GC on what it takes to be an effective GC. Areas to cover may include the external focus, employee related matters including equal pay, the role of the law firm in supporting a 'start up', the GC as ethics gatekeeper of the company.

Students are increasingly questioning the value of a legal education and a career in the law. While the financial rewards remain a real incentive, many students recognise that they now have new options in business and technology, which may not require a legal education. Equally, students are seeking roles which will make a demonstrable difference in terms of ESG/the SDGs, and which offer a better work/life balance and commitment to diversity. Alongside issues around recruitment, retention of talent is an even greater problem for many firms. In these contexts, what do law schools/firms need to do to sell the value of a career in the law, and is there a greater need to reframe the work of lawyers, to respond to these new attitudes? Finally, what about the recruitment of legal academics, where similar problems persist.

At last, a flurry in appointments of female leaders at many of the world’s largest law firms has occurred. This reached cruising speed as from 2020 and has not stopped since. It should not stop!

This showcase will consist in a conversation between some of those top female leaders, the IBA female leadership and a leadership expert from a INSEAD business school.

The dialogue will address the qualities that such leaders bring to the management table and what firms can do to keep the positive vibe from female leadership once they have moved on and have been succeeded by other, male colleagues?

Female Leadership Excellence in Law Firms: coincidence or here to stay?

Based on research involving 64.000 people in 13 countries, John Gerzema and Michael D'Antonio identified that there is a shift in the types of leadership traits that are associated with success, morality and happiness.

The old masculine traits of aggression control, conflict and command are rapidly losing ground to behaviour, that is considered more feminine, like:  selflessness, empathy, collaboration, flexibility and patience. Both male and female respondents in all researched countries expressed that this is the type of leadership which they consider most suitable for the rapidly changing and unpredictable world we live in. The researchers named this type of leadership: “The Athena Doctrine” (see TEDX Talk).

While these traits can be found both in men and women, it is clear that the Athena Doctrine particularly offers a great opportunity for women to soar in top positions. This session will discuss the following questions:

1. How does the Athena doctrine translate to leadership in law firms?
2. How do the leaders we have at the session relate to the Athena Doctrine?
3. What particular features do they trust that they are bringing to the table?

Countries around the world are designing new start-up visa programmes to attract founder talent into their economies. Many of these new programmes are focused on the innovation and tech sectors, with new visa schemes aimed at finding entrepreneurs he will found businesses, create jobs, scale up and grow the existing tech and innovation ecosystems.
 
But how far do these policies do what they say on the tin? Are they delivering against their stated policy aims? Do would-be entrepreneurs use these visas or do they use other easier existing routes to enter and start their businesses? And is there any evidence that these policies work and have the potential to add significantly to the economy?
 
We are delighted to be joined by Jean Christophe Dumont, Head of the International Migration Division in the Directorate for Employment, Labour and Social Affairs at the OECD, who will discuss the organisations work in identifying the most attractive countries for start-up talent, and our co-panellists will look at some new and existing programmes or regional agreements which are being used by migrant founders including in Canada, the United States, the Netherlands and in Nigeria. This will be a lively panel looking at what policies work, how they might be improved  and what a successful visa programme might look like.

Joint venture transactions and partnerships have long been a feature of the commercial and business landscape, and have been increasingly prominent in recent years. As a means of sharing risk, expertise and capital, joint ventures can be central to corporate strategy. However, they also give rise to a number of challenges and tensions at various points during their lifetime, sometimes resulting in litigation and loss of value. The panel will discuss how lawyers can help address these challenges up front to avoid tensions later on, reflecting latest innovations and market practice across the globe.

LEO satellite constellations have the potential to provide connectivity in geographic areas which are hard to reach with fixed and terrestrial mobile infrastructure and also to provide services in jurisdictions with limited infrastructure. However, the operators of satellite constellations potentially face numerous legal challenges before they could be seen as significant competitors to terrestrial telecommunications infrastructure providers. Satellite constellations are subject to complex spectrum allocation, filing and coordination proceedings at international level and, subsequently, also to national spectrum assignment proceedings in order to become operational and enter the market. National security and cyber security risks, as well as potential requirements to comply with existing telecommunications infrastructure regulation, are also issues to be considered by LEO satellite operators and service providers.

The world has seen an explosion of activity and interest in “the metaverse” — decentralised virtual reality platforms where people can have experiences in an immersive multidimensional environment that enables them to create communities, craft experiences and, as in real life, monetise activities and content they develop. Likewise, metaverse activities have started giving rise to disputes about that virtual realm and among its participants, to the point where some attorneys now view the nascent metaverse as a growth market for future litigation. 

The prospect of metaverse development poses innumerable questions:

• What is the (or a) metaverse?
• What kinds of legal issues can it pose and how will disputes over those issues get resolved?
• How can the real world of courts, judges and arbitrators exercise power over this decentralised virtual realm?
• How can internal governance over this decentralised realm be exercised?
• Can “assets” from the metaverse be legally cognisable as property and give rise to legal rights and obligations?
• How will payments be made for metaverse transactions and using what kinds of currencies?
• Can the metaverse be a locus for fraud, and if so, how can frauds in the metaverse get redressed?
• What issues can arise when protected intellectual property gets used in metaverse applications?
• How can privacy be protected and identity theft thwarted for the metaverse participants?
• Can confidentiality and attorney-client privilege exist when legal services are rendered in the online metaverse environment?
• How procedural devices, like class action litigation, might apply in the context of metaverse activities?

This panel will examine these and other issues that litigators will need to confront as this new area continues to develop.

Healthcare in the age of the Metaverse and AI: The rise of the use of AI and the Metaverse has opened up many, if not fantastic, opportunities in the healthcare and life sciences industries. However, as healthcare enters this era, potential legal challenges and concerns arise and need to be structured to ensure its sustainable development. The panel will consider what these legal issues are (such as patient data privacy, liability in medical decision-making involving AI, protection and valuation of intellectual property rights, and more), how the existing legislative, regulatory and ethical landscape already addresses such legal concerns and what the coming legislations will bring.

This panel will look at the adequacy of how the regulatory framework addresses oil and gas industry data and ways to minimise data risks, promote equitable growth, and protect various interests. What tools are available to address the challenges of data protection? New trends in terms of regulation, investigations and emblematic cases will also be reviewed. The current status and concerns around data residency will be considered as well as new technological tools in the rendering of legal services, including artificial intelligence, due diligence processes and drafting of documentation.

In this session we define bad cases as instructions that compromise a lawyer's ethical values that are otherwise a mismatch with the lawyer's personal views. When should we decline instructions? What support should law firms be offering lawyers? In this session we will explore the ethical considerations behind decisions to accept new instructions including the position of personal and firm-based values, and whether these might impact on competency, impartiality values, and the duty to act in a client's best interests.

The Unified Patent Court (UPC) has opened its doors in June 2023. A panel of judges and patent lawyers from the EU will discuss the significance and practice of the UPC and the UPC’s operation during its start-up period.

Negotiating technology contracts today to protect your client for the future in a changing technological and regulatory environment. How to conclude contracts in an efficient manner while achieving certainty and flexibility in light of evolving technologies, standards and practices, including advancements in AI, the growing importance of data as a critical asset and other emerging technology and business trends. Best practices for efficient contracting for successful technology projects in a complex and ever-changing environment.

As the world quickly transitions to alternative energy sources, lawyers will be required to adapt traditional approaches to meet non-traditional demands. This session will explore novel procurement models and dispute resolute approaches being developed to support the development of energy transition infrastructure. It will also take a critical look at the sustainability of the current call for alternative energy.

Many young lawyers feel that they work more than what they get paid for. This session will provide tips on how to ensure that you are working smarter from a pricing perspective.