LAWYER MONTHLY©2024 Universal Media Limited Lawyer Monthly is published by Universal Media Limited and is available on general subscription. Readership and circulation information can be found at: www.lawyer-monthly.com. The views expressed in the articles within Lawyer Monthly are the contributors’ own. All rights reserved. Material contained within this publication is not to be reproduced in whole or in part without prior permission. Permission may only be given in written form by the management board of Universal Media Limited. Approx. 302,000 net digital distribution. SEPTEMBER 2024 Welcome to the latest edition of Lawyer Monthly. This month, we explore a range of timely topics, beginning with a look at Italian insurance law and regulation, examining current developments and their implications for the legal landscape. We also delve into the African mining industry, discussing the various issues and challenges facing this critical sector and the role of law in addressing them. In our feature on Breaking Barriers and Achieving Equality in the Legal Sector, we explore efforts to foster diversity and inclusion within the profession and the strides being made toward achieving true equity. We also discuss what more the legal sector can do to support and retain top female lawyers and barristers, ensuring that talented professionals have the opportunity to thrive and lead in their careers. Our cover story focuses on the latest trends in legal tech. From artificial intelligence and machine learning to blockchain and automation, technology is rapidly transforming the practice of law. These advancements are not only changing how legal services are delivered but also enhancing efficiency, reducing costs, and opening new avenues for innovation. We explore how firms can adapt to these changes and the opportunities they present for growth and client service in an increasingly digital world. We hope you enjoy this edition and find the discussions thought-provoking. Thank you for being a part of the Lawyer Monthly community. Happy reading! Warm regards, Mark Palmer Editor, Lawyer Monthly Ivan Dimitri Calaprice Focusing on the Boutique of Excellence in Italian Insurance Law and Regulation Warren Beech Discussing the Issues and Challenges of the African Mining Industry 14 8
Production Team: Emma Tansey, Luke Ostle production@lawyer-monthly.com Sales Enquires: Jacob Mallinder Jacob.mallinder@universalmedia365.com @lawyermonthly @LawyerMonthly @lawyermonthly company/lawyer-monthly Universal Media Limited, PO Box 17858, Tamworth, B77 9QG, United Kingdom 0044 (0) 1543 255 537 CONTENTS AN INTERVIEW WITH... 8. Warren Beech Discussing the Issues and Challenges of the African mining Industry 14. Ivan Dimitri Calaprice Focusing on the Boutique of Excellence in Italian Insurance Law and Regulation 20. Constanze Bell Women in Law: Breaking Barriers and Achieving Equality 4. Elon Musk Takes on Unilever and Major Corporations in Federal Court 5. Disney Agrees to Florida Wrongful Death Lawsuit to be Decided in Court 6. AutoScout24 Finalizes Agreement to Acquire TRADER Corporation SPECIAL FEATURES 24. The Big Report 2024 Highlights The Solicitors’ Charity’s Key Support for Struggling Solicitors 28. 8 Legal Tech Trends Transforming Practice in 2024 32. Generative AI in Law - NEWS - 28 TRANSACTIONS 36. Agility’s USD 4.5 Billion ADX Debut 40. Euston Ventures Acquires Silex 42. CERP Rhin Rhône Méditerranée’s Merger with CERP Rouen 44. Remus’ Acquisition of GLM 46. Accrofab Acquires RTI Advanced Forming Limited 48. Everfield Acquires Trade Interchange 50. Pacific Partnerships Pty’s Acquisition of Cobbora Solar Farm 51. Thermo Fisher Scientific Acquires Olink 52. Terre & Fils Investissement Acquires Terre Sauvage and Alpes Magazine 53. Trivest Partners Invests in Province 54. QX Global Group Secures £100m+ Growth Investment from Long Ridge Equity Partners Legal Tech Trends TRANSFORMING PRACTICE IN 2024
4 LAWYER MONTHLY SEPTEMBER 2024 Elon Musk Takes on Unilever and Major Corporations in Federal Court The Legal Claims The lawsuit is founded on the accusation that the companies have violated US antitrust laws by boycotting X. Claims that they conspired against X and have deprived the platform of “billions of dollars” in advertising revenue. Musk argues that they have also harmed themselves by steering clear of X and missing out on the benefits of advertising on a major social media platform. Musk’s legal team is likely to argue that the actions of Unilever, Mars, CVS Health, Ørsted, and the World Federation of Advertisers constitute a concerted effort to stifle competition and harm X’s business operations. The Lawsuit This week, Elon Musk is back in the headlines for a bold legal move against multiple major corporations. Since acquiring the social media platform now called X in 2022, the platform’s advertising revenue plummeted by over 50% within the first year. Elon Musk is accusing these corporations for boycotting X for advertising purposes leading to this drop in revenue. Elon Musk has filed a lawsuit in federal court in Texas against, Unilever, Mars, CVS Health, Ørsted and the World Federation of Advertisers. Elon Musk (U.S. Air Force / Trevor Cokley, Public Domain) Policies at X Since Musk’s acquisition, X has faced increasing scrutiny over the rise in harmful content on the platform. X reports that 31% more people have reported harmful content since Elon Musk’s takeover. The X guidelines state that there is no screening process to remove potentially offensive comments and their policy is to not mediate content or intervene in disputes between users. Companies have avoided X as the harmful content on the platform could easily affect their brand safety. A Unilever executive who testified at last month’s congressional hearing and defending the company’s practice mentioned that they choose to place ads on platforms that won’t harm their brand. This comes as brands avoid X due to having their ads show up next to pro-Nazi content and hate speech. X has stated that it had applied brandsafety standards which compare to competitors and that “meet or exceed” measures specified by the Global Alliance for Responsible Media. They are seeking unspecified damaged and a court order against continues efforts to conspire against X by withholding advertising. NEWS A Legal Battle Over Advertising Revenue Read this article online and more at: www.lawyer-monthly.com
NEWS 5 The Walt Disney Company has consented to allow a court to adjudicate a wrongful death lawsuit filed by a widower in Florida, after previously contending that the matter should be resolved through arbitration due to the man’s enrollment in a trial of the Disney+ streaming service in 2019. The lawsuit was initiated by the husband of a woman who passed away last year following an allergic reaction after dining at a restaurant within the Disney Springs shopping complex in Orlando. Disney Agrees to Florida Wrongful Death Lawsuit to be Decided in Court Image by Pexels from Pixabay Josh D’Amaro, Chairman of Disney Experiences, stated in an emailed response to Reuters, “We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss.” He further noted, “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.” The incident occurred when Jeffrey Piccolo, his wife Kanokporn Tangsuan, and her mother dined at Raglan Road Irish Pub and Restaurant on October 5, 2023. They reportedly chose this establishment because both Disney and Raglan emphasized their commitment to accommodating individuals with food allergies. Despite assurances from the waiter that Tangsuan’s meal was free of allergens, she suffered a severe allergic reaction and ultimately died from anaphylaxis due to high levels of nuts and dairy in her system, as detailed in the complaint filed in Orange County court. In its initial response to the complaint in April, Disney did not reference arbitration, instead asserting that it bore no liability as it does not oversee Raglan’s operations or management, serving merely as its landlord. In a subsequent filing in late May, Disney introduced a new argument, claiming that the complaint should be subject to arbitration based on Piccolo’s Disney+ subscription and his use of the company’s website in 2023 to purchase theme park tickets. NEWS
6 LAWYER MONTHLY SEPTEMBER 2024 The Kirkland team was led by corporate partners Brad Reed, Cole Parker and Angela Oldham and associate Madison Kavanaugh; debt finance partners Brian Ford, Lee Discher, Kirsteen Nicol and Suroop Kandola; tax partners Adam Kool and Steven Cantor; technology & IP transactions partner Aaron Lorber and associate Jessie Perlman; and antitrust partners Dan Zach and Chuck Boyars. News provided by Trader Corporation: AutoScout24, the leading pan-European AutoScout24 Finalizes Agreement to Acquire TRADER Corporation NEWS Kirkland & Ellis advised Thoma Bravo and TRADER Corporation, operator of Canada’s leading online automotive marketplaces, on the sale of TRADER Corporation to AutoScout24, the leading panEuropean online automotive marketplace. In conjunction with this acquisition, funds affiliated with existing majority shareholder Hellman & Friedman will make a meaningful incremental equity investment in AutoScout24. The transaction is expected to close in the fourth quarter of 2024.
NEWS 7 online automotive marketplace, has signed an agreement to acquire TRADER Corporation (“TRADER Canada”) from Thoma Bravo. In conjunction with this acquisition, funds affiliated with existing majority shareholder Hellman & Friedman (“H&F”) will make a meaningful incremental equity investment in AutoScout24. With this acquisition, the AutoScout24 Group, which includes leading online automotive marketplaces in continental Europe, Germany’s largest online automotive market for leasing offers, LeasingMarkt.de, and one of Europe’s fastest-growing B2B used car trading platforms, AutoProff, extends its presence outside of Europe and strengthens its position as a leading global online automotive marketplace. The transaction also expands AutoScout24’s service offering into automotive dealer software and lender solutions through TRADER Canada’s leading offerings. TRADER Canada operates Canada’s leading online automotive marketplaces, English-language AutoTrader.ca and French-language AutoHebdo.net, with 26 million monthly visits, more than 450,000 vehicle listings, and 5,000 dealer partners. Founded in 1975 and headquartered in Toronto, the company also provides several automotive dealer software solutions under the AutoSync brand and operates Dealertrack, the leading Canadian portal connecting automotive dealers and lenders, as well as Collateral Management Solutions, the primary provider of lien and registration services, recovery services, and insolvency management solutions to Canadian Lenders. Throughout their ownership, Thoma Bravo worked closely with TRADER Canada to expand its innovative product portfolio through both organic investments and strategic acquisitions to better serve the company’s growing customer base. Peter Brooks-Johnson, CEO of the AutoScout24 Group: “I am delighted to welcome the TRADER Canada team and its leading brands to the AutoScout24 family. TRADER Canada’s impressive long-term track record, clear position as Canada’s most important automotive marketplace, and comprehensive expertise in dealer software and fintech solutions speak for themselves. This acquisition strengthens AutoScout24’s position as a leading global online automotive marketplace and will help accelerate the growth of both platforms. As a result, we will offer our customers, trade partners, OEMs, and financing partners in Europe and Canada better services and more innovative solutions.” Sebastian Baldwin, President and CEO of TRADER Corporation: “AutoScout24’s track record of success with their automotive marketplaces presents a perfect alignment with the TRADER business and our future long-term goals. In addition to our marketplaces, which are the #1 most trusted choice for Canadian car shoppers, our marketleading software and automotive finance solutions businesses represent further opportunities for collaboration. We look forward to working together to continue strengthening TRADER’s market leading position across the breadth of the Canadian automotive sector.” Blake Kleinman, Partner at H&F: “We have been successful investors in the automotive classifieds sector since 2014 and have come to appreciate the commonality, across all geographies, of the strategic product innovations required to maximize the efficiency of the car buying journey for consumers and dealers. Bringing TRADER into the AutoScout24 family significantly enhances our ability to leverage our global scale and common technology platform to invest in innovation that will better serve consumers, dealers, and our other partners. The additional equity investment from H&F in this transaction demonstrates our long-term vision of building the leading global automotive classifieds platform.” Holden Spaht, a Managing Partner at Thoma Bravo: “It’s been a privilege to work with Sebastian and the TRADER team. Through the application of our software expertise and M&A strategy, we helped transform TRADER from an online automotive marketplace to a market leading platform of digital retail solutions for consumers and automotive dealers in Canada. We are confident that AutoScout24 is a great home for TRADER, and we look forward to following their continued success together.” Peter Stefanski, a Partner at Thoma Bravo added: “We are proud to have supported TRADER over the course of our investment, driving growth and innovation while creating a better experience for both dealers and carbuyers across all of Canada.” The transaction is expected to close in the fourth quarter of 2024. RBC Capital Markets and Deutsche Bank are acting as M&A advisors to AutoScout24 and Simpson Thacher & Bartlett LLP, Davies Ward Philipps & Vineberg LLP and Freshfields Bruckhaus Deringer LLP are acting as legal counsel. Goldman Sachs & Co. LLC is acting as lead financial advisor; BofA Securities and HSBC Securities (USA) Inc. are also acting as financial advisors to TRADER and Kirkland & Ellis LLP, McMillan LLP and Goodmans LLP are acting as legal counsel. Read the full article online and more at: www.lawyer-monthly.com
Warren Beech An Interview with... Discussing the issues and challenges of the African mining industry. 8 LAWYER MONTHLY SEPTEMBER 2024 Please introduce yourself to the readers of Lawyer Monthly magazine. My career as a specialist mining and natural resources lawyer was completely unplanned. When I started practice in the early 1990s, being a specialist mining lawyer was not a natural choice. There were extremely limited mining-focused courses being offered at South Africa’s universities at the time, and unless one happened to do articles at a firm with a mining law department, practising as a mining lawyer was not really possible. To pay my university fees, I started working underground at a gold mining company in a town called Springs, approximately 50km from Johannesburg, South Africa. Each holiday I went to work on the gold mine, which I did for five years. At the end of my last shift (night shift of 23 December 1990) I happily told all of my co-workers that I was now off to be a lawyer, and I would never step foot on a mine again! Famous last words. Shortly after starting my articles at Deneys Reitz (now Norton Rose Fulbright), a significant event occurred in South Africa’s mining industry with the convening of the Leon Commission of Inquiry into Mine Health and Safety. Deneys Reitz was instructed on behalf of several mining companies to make representations and appear at the Leon Commission. During one of the preparation sessions a partner shouted down the passage to me “Hey Beech, you’ve worked on a mine, come here!” and that’s how my career in the mining industry started. I met some exceptional general counsel early on, who supported me over the years and exposed me to the broadest possible range of work within the Mining
WWW.LAWYER-MONTHLY.COM 9 and Natural Resources Industry, and I am extremely grateful for their support. This support underpins one of my core principles namely to assist and expose as many young practitioners as possible to mining and natural resources law. While I remain extremely passionate about health and safety in the Mining and Natural Resources Industry, I have had the privilege of working on significant mergers and acquisitions, other commercial transactions, ground-breaking regulatory matters, and increasingly, on environmental compliance. I am also extremely fortunate to have long-standing loyal support from major mining companies, but, at the same time, we have had the pleasure of working with new entrants to the Mining and Natural Resources Industry as they have developed to become medium and large role players in the industry. What areas of mining law do you specialise in and what type of clients do you assist? My primary focus historically has been on health, safety, and environment, where there are extremely few experienced practitioners. Almost every transaction in the Mining and Natural Resources Industry involves health, safety, and environmental elements, and as a result of this, I have become increasingly involved, over the years, in significant mergers and acquisitions and other commercial work, including supply agreements, contract mining arrangements, off take, pre-funding arrangements, and related aspects. As a result, my current practice is also significantly focused on the corporate and commercial aspects. As a natural consequence of my practice, I also focus on the regulatory and compliance aspects, and, unfortunately, in certain instances, on criminal prosecution arising from the complex health, safety and environmental compliance framework. We are extremely privileged to have continued support from key stakeholders in the Mining and Natural Resources Industry such as the Anglo American Group, BHP Billiton, South32, Glencore, and contracting and service provider companies such as Aveng, Wilson Bayly Holmes, Murray & Roberts, and other similar companies. All of this would not be possible without a dedicated, competent team, which we have at Beech Veltman Incorporated. What are the top legal issues and challenges for the African mining sector? It is a well-known fact that many countries in Africa are endowed with significant minerals including gold, copper, nickel, platinum group metals, iron ore, diamonds, lithium and other metalliferous and non-metalliferous minerals. Unfortunately, Africa has not necessarily benefitted to the maximum, from these mineral resources. There are certain common reasons for this, including political instability, regular changes in government, inconsistent policies and mining laws which are uncertain and subject to interpretation by the government of the day, capacity All of this would not be possible without a dedicated, competent team, which we have at Beech Veltman Incorporated.
constraints, lack of key infrastructure such as electricity, roads, rail, and water, and more recently, safety and security events, with a well – known example being the incursions into Northern Mozambique (Cabo Delgado). There are however some African countries that have optimised the benefits from their mineral resources such as Botswana, Zambia, Namibia, and Tanzania. The key driving factor of the current success of the Mining and Natural Resources Industries in these countries is strong political will with clear guidance on the application of the mining laws in these countries. Investors into these countries are able to make informed choices with a clear understanding of what is required. Demand for minerals from Africa has been inconsistent, and the demand has been impacted by global events such as the Russia-Ukraine war, the situation in the Middle East, and other regional geopolitical conflicts. At the same time, the Africa Mining and Natural Resources Industry has been impacted by the after-effects of supply chain disruption following the COVID lockdowns and restrictions and the cyclical demand from key economies such as China. The African Mining and Natural Resources Industry is therefore affected by both Africa-specific constraints, and global constraints and challenges. Recent statistics issued by the South African government (published in August for June 2024) indicate that production in South Africa’s mining industry was down in June, but the volume and value of sales, increased. The dip in production is likely to affect the industry negatively, in the fourth quarter, and the increased value of sales, is as a result of the current minerals pricing, which is anticipated to continue for the remainder of the year, placing the South African mining industry and that of other African countries, in a good position, in a short to medium term. African countries that have large reserves of the so-called “battery minerals” and other minerals related to renewable energy have an incredible opportunity to benefit from demand, but the right incentives must be put in place to encourage rapid investment and development of the mines and the related infrastructure. 10 LAWYER MONTHLY SEPTEMBER 2024 Demand for minerals from Africa has been inconsistent, and the demand has been impacted by global events such as the RussieUkraine war, the situation in the Middle East, and other regional geopolitical conflicts.
How prevalent is corruption in the African mining industry and what are the potential consequences and or compliance issues for mining companies? Most mining companies have, over the past five to ten years, significantly strengthened anti-bribery and corruption policies, procedures and compliance systems in response to growing actual and perceived corruption and dishonest or potentially dishonest dealings within the Mining and Natural Resources Industry in Africa. This is a reflection of both increased corruption and dishonest dealings, and a tightening-up of anti-bribery and corruption laws, around the world, including the United States, the United Kingdom, Australia, Canada, and other similar jurisdictions. This has also been supported, in many African countries, by governmental focus on addressing corruption, in its many forms, from gifts through to “backhanders” and complex structures that are put in place to receive payments. While cash is often still the preferred method of payment of these gifts and “backhanders”, we have also seen the introduction of payments through cryptocurrencies and payment into offshore structures and accounts. At the same time, there is increased transparency because of basic tools such as anonymous hotlines for reporting, through to forensic systems. However, the primary mechanism for disclosure of corrupt practices remains “whistleblowing” by community members, disgruntled service providers, and other persons who are simply not happy with the state of affairs. Corruption in its various forms remains a significant challenge for mining companies because it potentially undermines the “social licence to mine” and relationships with regulators, placing mining projects and operating mines at risk, but also because of the potential exposure to criminal prosecution either as a result of direct involvement in corrupt activities, or vicariously, because payments have been facilitated by key employees. South Africa has all the ingredients to ensure that its mining industry attracts investors and flourishes as a central pillar of the Country’s economy. What are the key health & safety concerns facing the mining sector in South Africa and Africa, and what can be done to reduce risk and ensure regulatory compliance? Health and safety remains a key concern, and a top priority, for South African mines, and the various stakeholders including government, and trade unions. Unfortunately, while the number of persons sustaining serious or fatal injuries has decreased on a year-on-year basis, there are simply still too many incidents/accidents, causing serious and fatal injuries. By mid-August 2024 twentyseven persons working on South Africa’s mines were fatally injured. The historical gold-mining class actions in relation to gold mineworkers who presented with silicosis and the current class actions in relation to coal mine workers who present with chronic obstructive pulmonary disease or coal worker’s pneumoconiosis have also resulted in a focus on occupational diseases. Health and safety is becoming more of a key criteria for investors, along with measurement against environment, social and governance (ESG) criteria. With the increased focus on health, safety and the environment, particularly within the framework of ESG, this impacts on investment decisions. Unfortunately, due to the sometimes ambiguous nature of the ESG criteria, projects that could benefit all stakeholders including government, through taxes and communities, through jobs and infrastructure development, do not secure approvals and financing. South Africa’s occupational health and safety laws, are extremely robust, and if complied with, can provide a proper framework for mining activities to be carried out safely. The stakeholders in South Africa’s Mining and Natural Resources Industry, including the regulators (Department of Mineral Resources), the mining companies, and the trade unions, are committed to improving health and safety and it is only through co-operation amongst the stakeholders that health and safety can be significantly improved. The current focus includes occupational diseases as a result of exposure to dust, diesel particulate matter and other fumes and gases, and the protection of women WWW.LAWYER-MONTHLY.COM 11 Health and safety remains a key concern, and a top priority, for South African mines, and the various stakeholders including government, and trade unions.
(including a focus on gender-based violence) within the industry. Provided that the key stakeholders focus on implementing appropriate measures in support of their commitment, health and safety within the industry can improve and, ultimately, meet investment criteria to facilitate growth and development in South Africa’s Mining and Natural Resources Industry. Health, safety and environmental considerations are becoming increasingly important in African countries with a strong mining industry. As initiatives around health, safety and environment develop, the country-specific and regional focus on health, safety and environment, including protection of communities and their interests, will reconfirm just how important the “social licence” is in creating opportunities for all stakeholders. Today, the local mining industry is the world’s fifth largest mining sector in terms of gross domestic product (GDP), contributing around R494bn, or 7.5%, to the country’s GDP. What are the threats and macro challenges for the mining sector in its ability to continue to contribute to the fiscus, the labour market, and the broader economy. Figures that are often quoted in relation to gross domestic product (GDP) only include the formal contributions within the Mining and Natural Resources Industry in the relevant countries. In most African mining jurisdictions, there is a parallel industry that is operated by small-scale and artisanal miners. Often, unfortunately, because of the complexity around compliance, these artisanal and small-scale miners carry out their activities unlawfully, and without complying with key provisions 12 LAWYER MONTHLY SEPTEMBER 2024
such as environmental laws. This often results in irreparable harm to the environment, and the contraction of occupational diseases by the artisanal miners. Unfortunately, often, criminal and corrupt activities surround artisanal mining which have significant and longlasting socio-economic impacts. The multiplier effect applies which means that, generally, for each person employed in the mining industry up to ten other persons benefit. If an employee or a person working on a mine loses their job, up to ten other persons are therefore also affected. It is therefore vital to protect the Mining and Natural Resources Industry, which remains a significant contributor to the economy of the country where mining takes place, and, often broader local and regional economies. It is also important to regularise the artisanal and small-scale mining by making the mining laws easy to comply with. This, together with robust enforcement of environmental and mining laws, and increasing the ease of doing business for mining companies conducting lawful mining operations, will ensure that even greater contributions are made to economies. With years of experience partnering a broad range of stakeholders across the life cycle, from extraction through to beneficiation and infrastructure development, how has Beech Veltman managed to provide practical solutions and the highest level of commitment to its clients and the mining industry? Our primary focus over the years, has been on developing deep knowledge about the Mining and Natural Resources Industry and the clients that we have the privilege of working with. We view our relationship as a key business partnership which means that unless we are continuously up to date with developments in the Mining and Natural Resources Industry and the clients, the advice we give may not have practical application, and we work very hard at ensuring that the advice we give takes into account both the practical and legal challenges that our clients face on a daily basis. Our team typically spends 60% to 70% of each month, at the clients’ operations and we prefer being at the mines, rather than behind our desks, and we prefer wearing personal protective equipment rather than suits. Through this approach, we genuinely understand the challenges facing our clients, and this guides the advice that we give. WWW.LAWYER-MONTHLY.COM 13 Our primary focus over the years, has been on developing deep knowledge about the Mining and Natural Resources Industry and the clients that we have the privilege of working with. Contact Warren Beech Chief Executive Officer Beech Veltman Tel: +27 11 285 0011 Email: warren@bv-inc.co.za www.beechveltman.com
14 LAWYER MONTHLY SEPTEMBER 2024
Ivan Dimitri Calaprice An Interview with... Focusing on the boutique of excellence in Italian insurance law and regulation. IDC Law Firm is a very consolidated reality on the Italian insurance scene. It is a relatively young structure (it has been in operation for over 13 years) but has managed to catalyse the attention of Italian and international companies and intermediaries, developing a dense network of relationships with high-profile Italian, European and international market operators, as well as a recognised ability to liaise with industry regulators. IDC is the acronym of Ivan Dimitri Calaprice (as well as of the syntagma shown on the logo, Insurance Digital Compliance) and was born from the desire to move away from certain asphyxiated logics of some Italian law firms. It is not about skills. It is about rhythms, about desperate totemism of the value of work that is a means and not an end, of a generalised habit of certain circles to let those who enter the legal market delude that one day they will certainly have play a major role. Very rarely is this true, and what was untold twenty years ago, and is still untold today according to Ivan Dimitri Calaprice, is that this path, when not carried out autonomously, can lead to a state of toxic frustration and stress. All because of the frequency of organisational dynamics,’ continues Mr Calaprice, ‘which are the result of the entrepreneurial short-sightedness of those who - perhaps even with excellent legal skills - do not know how to relate with collaborators or, worse, have a genuine indifference to the wellbeing or even the simple daily mood of them. Today we focus on this well-known boutique of excellence in Italian insurance law and regulation. And we do so with its Founder, Ivan Dimitri Calaprice. WWW.LAWYER-MONTHLY.COM 15
How has the rise of distance distribution channels, such as online platforms and digital brokers, transformed the insurance industry in Italy and the broader EU? Well, I have to say that compared to the initial expectations ten or fifteen years ago, I mean, the perspectives and the tangible reality are very different. With the advent of digital scenarios, there was a legitimate outcry in Italy from the various stakeholders about the risks of disintermediation, job losses, and critical and irreversible reductions in the quality of insurance services offered. This was not the case. The facts have shown that, to this day, there is always a man or a team of men behind the machines. Some have coined the term “phygital” as a cross between physical and digital. I do not like this term because it seems to evoke a hybrid scenario that does NOT exist: physical and digital realities are constantly evolving and it is not easy to predict them. Let me give you an example: when I was a child, we imagined the future as an imaginary reality to be perceived with a glove and a visor, then there was the advent of Second Life, then the Metaverse, social media and related human interactions, and now it’s the era of the voice assistants. To date we are talking - with a boring storytelling - about AI. To come to the point of both questions, there are some positive changes in the insurance world that are here to stay. The digital user has the possibility to compare, to read carefully all the precontractual and contractual documents, not to be put under psychological pressure to sign by a person. And this is a good thing. And then there are some worrying changes. Many people do not know whether a telematics portal belongs to a real company or to a real insurance broker, and they fall victim to fraud. And that will be one of the challenges in the future. Counteracting it. I have to say that the Italian Regulators are working hard on this problem with some excellent results. What are the main legal challenges that Italian and EU insurance companies face when distributing their products remotely, and how do you help them navigate these complexities? This is a million-dollar question that I could not answer without descending into rhetoric and platitudes. The Gordian knot of first- and secondlevel regulation in Italy is an excess of rules. That derives from EU. I often speak of “Regulatory asphyxia”. When the Insurance Code (adopted in Italy in 2009) was being drafted, the declared intention was to bring together in a single clarifying text the scattered rules that had hitherto been left to few laws and to the sense of the national regulator (then called Isvap and now Ivass) to define and regulate. The aim was laudable. However, to date, we have 44 regulations issued under the regime of the so-called Isvap (the old name of our regulator), most of which are still in force, and 55 regulations issued under the regime of the Ivass (new name). Many, many more are to come. Then there are the letters to the market, the notes, the guidelines, and the European indications. Too much. Really. On the side, as I said, are the Insurance Code, the Consumer Code, privacy and data protection regulations, and the AML regulation. In short, the categorical imperative is to rely on experts and not on improvisers. On professionals who have always dealt with digital and only digital. Because digital insurance cannot be just one of many practices a law firm has to deal with, but must be the only one if the aim is to provide excellent service to the client. Because the risk of making mistakes is very high. Although the understanding of the local regulator has grown a lot over the years. 16 LAWYER MONTHLY AUGUST 2024 Digital insurance cannot be just one of many practices a law firm has to deal with, but must be the only one if the aim is to provide excellent service to the client.
And the word simplification is one of the most frequently used at all levels. But Nobody can do miracles. EU has exaggerated, not helped. How do I help my clients? With my experience (which, it is important to note, is not, generally, always synonymous with competence), with my seriousness, with my honesty. And with the undeniable ability to know who to talk with when there is an institutional problem. I have done this with excellent results, even for real giants in the world of insurance. I like to work in the shadows. I do not rely on brands, but on my brain and in that of my collaborators. Can you explain the regulatory requirements for distance selling of insurance products in Italy and the EU, and how these regulations impact both insurers and consumers? I cannot. Because there are so many rules and they cannot be simplified on an occasion like this. Let’s say that if I were to give advice to a young trainee who has just joined a law firm that deals with insurance law, I would first ask myself whether this firm will him induce me to study mainly or only digital insurance law. Then I would advise him to read carefully Title IX of the Private Insurance Code, then Ivass Regulation 40/2018, then Ivass Regulation 41/2018. Then I would invite him to familiarise with the Ivass and Eiopa websites. Then to develop good relationships with experts in antitrust and privacy and data protection, trying to get the best on the market. This point is essential. And then to subscribe to the best insurance magazines and to read, read, read! And, finally, I would invite him to pray that everything goes well... (just kidding!!!) About the consumers: the issue is more complex. It’s a matter of the so called “insurance education”. How do you advise insurance companies to ensure compliance with consumer protection laws when engaging in cross-border distance distribution within the EU? I really appreciate this question. There is a great deal of confusion on this point. I am not going to tell you what I say and what I do, because each situation is by definition different from the other. But I will tell you that there is not much awareness of the fact that even though the EU legislation is common to all, the national implementations and applications are still very different. To give you a short answer, I would advise you first of all to look at the legislation implemented in the country of destination, because that is what you have to work with. WWW.LAWYER-MONTHLY.COM 17
EU legislation is on the moon compared to day-to-day operations. Even if, in a trivial way, it is the same for everyone. An example: the distinction between the different categories of intermediaries and the possibility of using auxiliaries when under FOS. A surreal and tragicomic joke. That impacts consumer protection laws, too. And it’s a mess. What are the most common disputes that arise in the context of distance distribution of insurance products, and how do you assist clients in resolving these issues? There is no precise case history. I have to say that, from my point of view, there are more operational criticalities than controversies. For example: i) there is often a false and dangerous perception that any Eastern EU company is - by definition - a fraudulent company; it’s not the truth. ii) there is no established culture of the obligation to tell the truth when taking a risk, which is primarily a moral but also a legal obligation (articles 1892 and 1893 of the Civil Code); iii) there is often a lack of awareness of what the insurance company has to offer. It is perceived as a resource that has the obligation to pay as much as one wants; it does not work that way, of course; iv) there is no awareness of the content of Ivass Regulation 24/2008 on the subject of complaints; complaints are filed by people and companies about everything, even about what Ivass itself says is not complainable; it’s not acceptable. How has the implementation of the EU’s Insurance Distribution Directive (IDD) affected the practices of Italian insurers, particularly in the realm of distance selling? Distance selling is an extremely diverse and complex world. The IDD has provided some insight, but everyday life is made up of complexities that are still unresolved. To be practical: it has helped to clarify certain rules in the national Ivass Regulation 40/2018. For example, insurance price comparison platforms have evolved a lot in Italy thanks to IDD, but today it needs new rules because those who do insurance comparisons today mainly do many other things. And that’s just the first example that comes to my mind. What role does data protection, particularly in light of GDPR, play in the distance distribution of insurance products, and how do you help clients manage these obligations? It is just crazy to have different departments interacting when you have to structure an insurance platform and ensure compliance, even with the issues you mention. It is inconceivable that someone who deals with insurance law does not have the basics of the subjects you mention and, at the same time, that someone who has to deal with GDPR (and others) does not have any idea of insurance law. This is why, as of this year, one of the greatest experts in legal IT in Italy, who already works for real giants of the Italian economy and for primary Italian insurance companies and primary claims handlers, Mr Alessandro Rodolfi, will be formally working in my/law firm. Alessandro and I are proud to have 18 LAWYER MONTHLY AUGUST 2024 The world of insurance is made up of a plethora of regulations that are becoming increasingly complex.
structured the first Italian law firm dedicated exclusively to insurance law and regulation from a different perspective than the more traditional ones. We want to stabilise the ongoing dialogue on cybersecurity, privacy, data protection, digital forensics and the first regulations early regulation of artificial intelligence and make it available to those working in the insurance industry. We want to make these discussions accessible, concrete, and above all, useful to insurance professionals, providing them with the tools they need to address emerging challenges and ensure the secure and compliant management of the data that underpins their entire business. In a rapidly evolving technology environment, it is vital that the insurance industry is prepared and informed about the latest regulations and best practices to protect information, maintain customer trust and avoid costly fines. All of this - I repeat - from only one perspective: the insurance perspective. We realised that this perspective, although trivial, was completely absent from the current legal market. It is simply that, apart from a few associative occasions linked to a phenomenon such as insurtech, they are always spoken of as separate monads. On the one hand, insurance and its pachydermic regulation, and on the other hand, everything else, from which we are often bombarded by improvisers of super-complex topics. And that cannot be the case. Digital issues are in the world of insurance - at most - a corollary to the claim to be ‘also about’. Alessandro and I want to combine our yearly skills so that we can proudly say that in this world we are the first to deal ‘only with’. One thing we agree on is that you must be very sceptical and wary of those who claim to be ‘experts’ and those who claim to be able to do everything in this world. The world of insurance is made up of a plethora of regulations that are becoming increasingly complex. Those who claim to be able to do it all and do it well create a lot of confusion. Especially if they are to generations ahead of mine. The insurance of 20, 30 years ago is no longer what it is today. No lies about this. It is the pure truth. Looking ahead, what trends do you foresee in the distance distribution of insurance products within Italy and the EU, and how should companies prepare for these developments? Trivially, the first task our clients ask us is how to comply with the DORA Regulation (which will come into force soon). Having said that, rather than trends, I would like to talk about desiderata: • extreme simplification of distance distribution regulations; • structuring of an ad hoc regulation for instant insurance; • structuring of ad hoc legislation for so called micro-insurance; It goes without saying, then, that AI will revolutionise everything. It is already doing so. Alessandro and I have been preparing for it for months. With enormous efforts. And we have the ‘almost arrogance’ to claim that we will be able to make a difference for small and large insurance companies and for small and large insurance intermediaries. Especially the EU ones. Simply because we are both prepared on subjects that are usually treated as issues to be supplemented. While, today, the mantra should be to create insurance products and services that are already integrated with the digital world, with the AI world and with insurance regulation and legislation. Let me make a provocative observation. How many law firms can say to have done this so far? My answer: apart from myself and Alessandro, none. That’s why we are really different. No rhetoric. WWW.LAWYER-MONTHLY.COM 19 Contact Ivan Dimitri Calaprice Email: icalaprice@idclex.com
Breaking Barriers and Achieving Equality Women in Law: with Kings Chambers’ Constanze Bell 20 LAWYER MONTHLY SEPTEMBER 2024 objectives were often unclear, and it was difficult to assess the success of a project. Legal work is focused, you work to secure a result for a client, the directness of that is very satisfying. Breaking Barriers What barriers have you encountered as a woman in the legal field and how did you overcome these barriers; what strategies worked best for you? I remember being told as a pupil that I would need to work twice as hard as a male barrister. In my experience barriers for women in the legal profession are not overt. The legal profession is made up of networks and often the challenge for women is access and opportunity. Sometimes opportunities are not extended fairly, and sometimes old networks are not generous in including newcomers or unfamiliar faces. The situation is, however, improving at pace. There are now many more groups and networks ran by and for women to address this imbalance (in my area I can Kings Chambers’ Constanze Bell has a varied public law, planning and environmental law practice. She is noted for her planning law expertise (Band 2, Chambers & Partners 2024) and as a ‘leading junior’ in regulatory and licensing law (Legal 500 2024). Constanze is the number one highest rated Planning Junior under 35 (2024 Planning Resource Planning Law survey), and is a committee member of the Women in Planning network’s Yorkshire branch. She is also a member of the Kings Chambers author team who write for and produce the quarterly bulletin for the Encyclopaedia of Local Government Law. Career Path and Motivation What inspired you to pursue a career in law and can you share your journey into the legal profession and the challenges you faced along the way? I was inspired to pursue a career in law because I loved University debating. Being a barrister is about as close as you can get to being a professional debater. I did not study law at university, so I took the law conversion course and the bar course. At the time I was worried about financing my career as these courses are expensive. Fortunately, I secured a scholarship from Middle Temple. Without the support of my Inn, I simply would not have been able to train and qualify. I remember being anxious about how difficult it was to succeed at the bar. It is not easy to secure pupillage. I attended every information evening I could and worked hard to build a CV which would secure me interviews. The careers service for my bar course was excellent and I really benefitted from the CV advice and interview preparation offered. I worked briefly in the charity sector, but I found it frustrating. The aims and
WWW.LAWYER-MONTHLY.COM 21 think of Women in Planning, Women in Property, Women in Planning Law and the PEBA Women’s Group). These issues are now talked about openly, in a way that was the not the case when I started out. As more women become senior leaders in the profession, these things change, as indeed they should. Mentorship and Support Did you have mentors or role models who helped guide your career? How important is mentorship for women in law, and what advice would you give to young women seeking mentors? I think mentorship is absolutely fundamental, but I do not think mentoring needs to be a formal process. Senior colleagues can play a mentoring role in an informal way, through simply being present for advice. All senior members of the profession have a duty to help the next generation where possible as we all in turn benefitted from help when we needed it. I remember being told as a pupil that I would need to work twice as hard as a male barrister.
I have acted as a formal mentor on several occasions. In my view it works best when there is a clear role and objective: for example, helping someone with a pupillage application process. I warn my pupillage candidate mentees that I have a ‘Tiger Mum’ approach to mentoring – I will push them to perform at their best. Given how competitive it is to secure pupillage I want to give them the best possible shot! I always find that people undersell themselves and I make them rewrite their application accordingly. Battle cry of the Tiger Mentor! I think before someone seeks a mentor, they should consider what they want to achieve from being mentored. A clear goal like achieving a promotion or becoming more confident at networking events will then inform who would be a good fit as mentor. If your workplace does not have a mentoring scheme, you could think about setting up one up or see if there are external organisations offering mentoring. Achieving Equality In your opinion, how far has the legal profession come in terms of gender equality and what changes still need to be made to achieve full equality for women in law? I think the profession has made considerable progress towards equality. How we might achieve full equality is a question beyond my expertise, but I do have some suggestions. I recall being asked to advise someone’s daughter about careers at the bar. I asked the father who made the enquiry how many female barristers he instructed, and he confessed he had not instructed any female barristers in recent memory. I have no doubt he was sincere in his desire to support his daughter in her career ambitions, but he had a blind spot when it came to thinking about how his daughter might experience legal practice. A particular irritation of mine is being asked to speak at a firm as part of a diversity event when that firm has a poor track record of instructing female barristers. Recently, a firm told me this was something they have no control over. I found that answer unconvincing and declined the invitation. Another area of difficulty is managing family life at the Bar. Too many junior female barristers leave the bar citing childcare or other caring commitments. This is something we must do better at addressing or we risk losing talented practitioners. Work-Life Balance How do you manage the balance between your professional and personal life? What advice would you give to other women in law struggling to find this balance? I cannot in all good conscience claim expertise in this area. I will say I think 22 LAWYER MONTHLY SEPTEMBER 2024 Too many junior female barristers leave the bar citing childcare or other caring commitments. This is something we must do better at addressing or we risk losing talented practitioners. booking out holidays for proper rest is important as is a true digital detox where you disconnect from work email. Regular exercise needs to be seen as essential and non-negotiable and not something to be sacrificed. I have learned this the hard way! Finally, I think saying no on the basis of capacity where necessary is important. It is important for wellbeing but also for the simple reason that it is not in the client’s best interests for poor work to be produced. This is an issue of workplace culture. Leadership and Influence What leadership roles have you undertaken, and how have you used your position to advocate for gender equality? I am a committee member for Women in Planning (the Yorkshire branch) and I have been on Chambers’ executive committee for a number of years. In Chambers I am joint head of wellbeing. In the wellbeing role we have looked particularly at the experience of pupils and have made sure that they always have confidential wellbeing support available. We are
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