Dear friends,
Bon dia.
While our prayers go out to all those adversely affected by any form of aggression, it gives us comfort that IBA is trying to maintain a level of normalcy in Europe with its slate of upcoming conferences. The first in the list is the 5th Mergers and Acquisitions in the Technology Sector Conference, to be held on March 17 & 18, 2022, at Hotel Arts, in Barcelona, Spain.
Déu n’hi do!
Your Committee along with the IBA Corporate and M&A Law Committee has put this event together. And we are grateful to our colleagues Clara-Ann Gordon, Co-Vice Chair, IBA Women Lawyers’ Committee and Yuval Horn, Member, IBA Technology Law Committee Advisory Board, for their hard work on the event. Each topic of the conference is as interesting as the next. I am particularly interested in a few.
The first would be the one on growth of AI. Each time I read about AI I find it keeps creating novel and curiouser issues. My most recent discussion involved self-created works and inventions of AI. If a Macaque takes a picture would the picture belong to the monkey or the owner of the camera (photographer David J. Slater)? Would the logic in the Slater case be applied to inventions created by AI? If AI creates an original work, who is the author / creator / owner of the work?
So this brings me to the Barcelona conference and what discussion moderators Yolanda Puiggròs Roca Junyent and Cécile Théard-Jallu, Vice Chair, IBA Healthcare and Life Sciences Committee, will have with their speakers Clément Destoumieux, Joan Guanyabens and Rafael Torres on the topic of how AI is revolutionising Healthcare.
The other topic that I am particularly interested in is regarding strategic and legal issues related to dual use technologies; and the challenges associated with acquiring companies dealing in ‘dual use’ technologies. The ‘dual-use’ nature of technology means that it may be used for both civil and military purposes. This could include satellites and other space technologies which are of increasing importance for the global economy and for military operations. Various countries are deploying military anti-satellite ASAT capabilities (both kinetic and non-kinetic), while at the same time pursuing civil programs to develop and field new technologies with overlapping uses.
Could space capabilities for on-orbit repair, refuelling or debris management, be repurposed to cause a collision or otherwise interfere with other space-based assets?
I am interested in hearing more from Shivpriya Nanda and Stephan Mueller on how this ‘dual-use’ conundrum may impact our safety and security, strategic stability, and the wider defence industry. M&A in this space would need to consider several challenges, including arms control, non-proliferation and the promotion of responsible behaviours. This in addition to the usual issues any cross-border M&A deal throws up.
Have you registered for the Barcelona conference yet? Fem un café?
If not, do use this link to register and attend. It promises to be a conference that will get us thinking at a higher level.
Ens veiem a barcelona.
Adéu.
Sajai Singh
Co-Chair, IBA Technology Law Committee
Sajai's broad-based practice focuses on Mergers, Acquisitions, Joint Ventures, strategic alliances, restructurings and financings (whether debt or equity), with particular emphasis on cross- border transactions.