Conference programme

The panel would explore the various misconducts against corporate know-how, such as external/cyber attacks, data theft by employees or industrial espionage, and the best practices for every criminal counsel when facing such cases.

As the use of AI in the preparation and conduct of litigation expands, the need to identify gaps in foundational skills and the emergence of new ones has taken on greater importance. Who better than judges to provide their unique perspective on the needs of the future of litigation and advocacy and the role AI will increasingly play. This session will explore how educational institutions and the practising profession can respond to the rapidly evolving landscape to fill existing gaps and, importantly, train lawyers in the new skill sets that will be required. 

Panellists will review the latest developments in the renegotiation of CUSMA (Canada-United States-Mexico Agreement - USMCA), consider the implications of these negotiations, and reflect on any lessons learned from recent agreements.

The panel will explore the evolving landscape of financing structures for mega construction projects. With rising costs, shifting regulations, and growing sustainability requirements, financing models are becoming more innovative and diverse. This session will cover traditional funding methods as well as emerging trends, such as green financing, Public-Private Partnerships (PPPs), and project-specific bonds. Panelists will also address the challenges in securing financing for large-scale projects, the implications of different financing models on risk allocation, and the impact of evolving market conditions on capital availability.

With major international law firm mergers dominating the headlines, questions continue to arise in both the business and regulatory space. What are the benefits of integration vs alliance? How do firms address regulatory issues where one jurisdiction permits alternative business structures and others don't? Are there regional or international trends emerging? This panel will explore "what to think of when thinking of a law firm merger" in light of these challenges. 

Perspectives and practices from around the world in dealing with negotiations.

In this session, we will discuss the challenges and opportunities private companies and entrepreneurs face as they launch businesses in a country that is not their homeland, and expand internationally amidst increasing geopolitical complexities. In a context of global order shifts, companies and entrepreneurs must navigate rising tensions between major powers, evolving trade policies, nationalistic policies, and the implications of economic sanctions. Panellists will discuss how businesses can adapt to these changes, from restructuring supply chains to managing risks tied to political instability. Attendees will gain insights into the strategies companies may employ to safeguard their global ambitions in uncertain times.

Key discussion points will include:

• The growing importance of understanding regulatory environments and compliance standards in foreign markets;
• the role of government relations;
• risk assessment in an uncertain environment;
• the importance of building resilient operations across multiple regions;
• the future of globalisation, considering how trends like de-globalisation and regionalisation may impact private companies' expansion strategies.

Government and public lawyers are usually subject to the same ethical rules as private practitioners. However, government and public lawyers face conflicting duties, and their obligations as lawyers can clash with their obligations as civil servants. So, there are some unique challenges for government and public lawyers who must navigate their professional obligations, national laws and public sector codes. 

This panel will discuss considerations for inbound investments into Canadian resource companies, challenges associated with Canada’s foreign affiliate dumping regime, repatriation strategies and Canada’s unique flow-through share financing regime for early stage capital.

This session is the annual roundtable discussion of hot topics in the world of intellectual property, communications and technology.

The annual hot topics discussion of the International Commerce, Trade, Franchising and Product Law Section, where we will discuss all the latest and ongoing issues in the world of international commerce, trade, and product law.

A discussion of the status of LGBTQI+ criminalisation around the world, particularly in jurisdictions such as Uganda, Kenya, Rwanda and Ghana (which have recently increased criminal penalties for same-sex activity, extending to capital punishment in some cases) as well as Russia. The panel would examine the historical and political context of the increasing criminalisation; the role of outside actors such as the USA evangelical movement in encouraging criminalisation; and legal and political tactics that can be used to combat it. In the context of criminalisation, the discussion could also touch on the legal issues surrounding conversion therapy, including the position of the medical profession and related legal challenges.

This session will explore the divestment and acquisition of oil and gas assest in the industry, including the key challenges and opportunities faced by oil and gas lawyers.

How are counsel advising businesses to ensure compliance with an ever-changing context, with antitrust laws constantly evolving, with regulatory and/or political changes affecting antitrust enforcement in different jurisdictions, as well as the increase in the introduction and sophistication of different technologies, creation and management of documents (including ephemeral communications platforms), and legal privilege issues.

This session will discuss the recent developments within land transports and containers.

This panel will discuss recent legal, regulatory, and policy issues relating to the aviation industry, including sustainability, and will take a deep dive into some current issues affecting the industry.

An overview of global governance approaches to the regulation of cultured meat.

Alliancing, partnering and collaborative contracts are gaining traction worldwide in the mining sector with the promise inter alia of reducing the incidence of disputes by aligning the incentives of different actors on projects and fostering a transparent and collaborative approach. Do these contracts, however, really give rise to fewer disputes? How do the disputes that do arise differ from those that are typically seen under traditional delivery models? Why are alliancing/partnering contracts facing a backlash in some jurisdictions that had previously embraced them? this session will discuss.

This panel will focus on how legal services can help all players involved in the organisation of a multinational World Cup. The discussion will bring attention to legal and business aspects related to the organisation of such a big and unique event that for the first time will be hosted in three different countries: Mexico, Canada and the USA.

This session is intended for those in management, and/or those handling claims against law firms and lawyers, to consider:-

1.    Practical aspects of managing risk – what are the sources of liability for solicitors and legal professionals (e.g. negligence, breach of fiduciary duty, confidentiality breaches)

-    common causes of professional negligence claims:-

o    missed deadlines (e.g. limitation periods)
o    poor communication or advice
o    errors in drafting
o    failure to follow client instructions
o    conflicts of interest and failure to clearly identify who the firm is acting for

-    impact of liability on the firm (reputational, financial, regulatory)

2.    Mitigating risk through technology

-    document automation and error reduction

-    practice management systems for:-

o    key date tracking
o    time recording
o    file audits and workflows
o    client identification and conflict checks

-    use of AI for due diligence, contract review and client onboarding (KYC/AML)

-    cyber-security and data protection tools

-    risk of data breaches as a liability issue

-    risk of over-reliance on technology – need for human oversight

3.    The role of insurance coverage – overview of professional indemnity insurance

-    what does it cover and what are the limits/exclusions?

-    the importance of accurate proposal submissions

-    the claims process – what to do if something goes wrong

-    cyber-liability insurance is a growing necessity

4.    Training and culture
-    building a risk-aware culture within the firm

-    regular CPD and legal updates for all staff

-    supervision structures

-    encouraging early reporting of potential issues and near-misses

-    the role of knowledge management in reducing avoidable errors