Law for Professionals – Serie

Three years ago, the first Liquid Legal book compelled the legal profession to reassess its identity and to aspire to become a strategic partner for corporate executives as well as for clients.

Three years ago, the first Liquid Legal book compelled the legal profession to reassess its identity and to aspire to become a strategic partner for corporate executives as well as for clients.

This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction.   Thecontract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to bein control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction.   Thecontract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to bein control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

This book will take the reader through the past, the present, and into the future of the flagship institution of the international customs community: the World Customs Organization (WCO).The purpose is to present to the reader, in a comprehensive, orderly, and synthetic manner, the enormous contributions that this prestigious and recognized institution has been making to the secure growth of global international trade. In the development of the text, special consideration has been given to the relevant instruments in day-to-day customs work, which constitute the bases of the WCO (the Harmonized System Convention, the Revised Kyoto Convention, and the SAFE Framework of Standards, among many others), as well as those issues that are currently of specific interest to the global customs community (cross-border e-commerce, trade facilitation, and authorized economic operator, to mention but a few), trying to reconcile the various practical aspects of customs operationswith their theoretical underpinnings.In the final part, the book turns to the future of customs, analyzing the most pressing challenges presented by technological advances, including the Internet of Things, artificial intelligence, 3D printing, and blockchain.In short, this book will be of great interest to all foreign trade operators, mainly to customs officials, customs brokers, carriers and international forwarding agents, managers of importing and exporting companies, as well as all those (professionals and students) who wish to deepen their knowledge of the exciting world of customs and international trade.

This book will take the reader through the past, the present, and into the future of the flagship institution of the international customs community: the World Customs Organization (WCO).The purpose is to present to the reader, in a comprehensive, orderly, and synthetic manner, the enormous contributions that this prestigious and recognized institution has been making to the secure growth of global international trade. In the development of the text, special consideration has been given to the relevant instruments in day-to-day customs work, which constitute the bases of the WCO (the Harmonized System Convention, the Revised Kyoto Convention, and the SAFE Framework of Standards, among many others), as well as those issues that are currently of specific interest to the global customs community (cross-border e-commerce, trade facilitation, and authorized economic operator, to mention but a few), trying to reconcile the various practical aspects of customs operationswith their theoretical underpinnings.In the final part, the book turns to the future of customs, analyzing the most pressing challenges presented by technological advances, including the Internet of Things, artificial intelligence, 3D printing, and blockchain.In short, this book will be of great interest to all foreign trade operators, mainly to customs officials, customs brokers, carriers and international forwarding agents, managers of importing and exporting companies, as well as all those (professionals and students) who wish to deepen their knowledge of the exciting world of customs and international trade.

It then evaluates different options for legislators to respond and proposes in detail a new holistic IP system which merges elements of the patent and the plant variety protection system into one new system.

The book reviews the history, present, and likely future of intellectual property for plant-related inventions. It describes “what works” and “what does not work” in the current situation and analyzes whether the current intellectual property framework will be able to cope with the rise of genome editing/new breeding technologies (especially CRISPR Cas). Based on trend data, the analysis shows that the current system, including stakeholder initiatives, will most likely not be able to adapt to the technology change. It then evaluates different options for legislators to respond and proposes in detail a new holistic IP system which merges elements of the patent and the plant variety protection system into one new system.

This book discusses the intensification of international transport services as the consequence of an increasingly capillary economic integration. In particular, in some European countries, such as Belgium, the Rhine area of Germany, and Denmark, the application of the Geneva Convention on the carriage of goods from the case law point of view is even more thorough than that of national law. Even though this is not the case for all countries, the Geneva Convention is a core text both for the scientific debates on the issue and for commercial operators. Therefore, proposing an up-to-date reading of the Convention is of utmost importance from the practical point of view, especially considering that, thanks to the consistent application of the International Carriage of Goods by Road contract, the Convention has become an essential prerequisite for the development of traffic.In ten chapters, this book reviews the Convention’s structure and considers the case-law approaches andtrends of most countries belonging to the European Union. It covers contracts and different negotiating models as well as compensation, liability of the carrier, and damages.

This book discusses the intensification of international transport services as the consequence of an increasingly capillary economic integration. In particular, in some European countries, such as Belgium, the Rhine area of Germany, and Denmark, the application of the Geneva Convention on the carriage of goods from the case law point of view is even more thorough than that of national law. Even though this is not the case for all countries, the Geneva Convention is a core text both for the scientific debates on the issue and for commercial operators. Therefore, proposing an up-to-date reading of the Convention is of utmost importance from the practical point of view, especially considering that, thanks to the consistent application of the International Carriage of Goods by Road contract, the Convention has become an essential prerequisite for the development of traffic.In ten chapters, this book reviews the Convention’s structure and considers the case-law approaches andtrends of most countries belonging to the European Union. It covers contracts and different negotiating models as well as compensation, liability of the carrier, and damages.

“Humanization and the Law” combines two current and complementary trends in the business-to-business (B2B) market of the legal industry: digitalization and humanization. On the one hand, digital transformation in corporate legal departments and law firms continues to advance.

“Humanization and the Law” combines two current and complementary trends in the business-to-business (B2B) market of the legal industry: digitalization and humanization. On the one hand, digital transformation in corporate legal departments and law firms continues to advance.

This book tackles the Vertical Block Exemption Regulation ("VBER"). The VBER 2022 is the new playbook in Europe for vertical agreements. Vertical agreements, i.e. between parties from different levels of the production or distribution chain, are ubiquitous in the EU economy. Vertical agreements which appreciably restrict competition are, in principle, void, and subject to fines. By exception, agreements may already fall outside the scope of competition law or may be exempt if their pro-competitive effects prevail. Whether they do or not requires an individual assessment of each agreement, with respective legal uncertainty. The VBER, however, is the shortcut to legally certain vertical agreements because it exempts groups of vertical agreements from the prohibition of anti-competitive agreements. It therefore builds the practical core of distribution law. Only understanding and implementing the VBER ensures a compliant distribution set-up. This goes for all kindsof vertical agreements, especially: digital, dual, exclusive and selective distribution plus franchise.The VBER 2022 is intended to take into account market developments, in particular the strong growth in e-commerce. Digitalisation has reinforced the trend toward verticalization – and thus toward dual distribution. The VBER 2022 now "reboots" the existing playbook, making it fit for digital distribution. And this book shall help – as a shortcut to understanding the VBER – to quickly and easily pass the transition to the new rules.This book is written from the distribution / contract drafting perspective. It is born out of the author’s practice as German attorney-at-law and partner in the international law firm Taylor Wessing. This book aims at providing private practitioners, in-house counsels as well as officers within authorities and judges practical guidance on the “rebooted” competition law regime in the European Union, including many examples of provisions to be used, especially in distribution and franchise agreements. It also tables and checklists for creating new and adapting existing agreements to the VBER. This book has been written while accompanying the reform discussions and the introduction of the VBER 2022 as an author, speaker and private practitioner.

The VBER, however, is the shortcut to legally certain vertical agreements because it exempts groups of vertical agreements from the prohibition of anti-competitive agreements.

Vaccine Law and Policy is the first book on vaccine law and policy written specifically for the general public or an educated lay audience without legal background. It offers comprehensive but accessible coverage of key aspects of vaccine law and policy, from product development and intellectual property protections, to regulation, public mandates, and vaccine injury claims. The COVID-19 pandemic sparked a growing interest in learning more about vaccine law and policy, as vaccine development, access, safety and requirements became relevant to hundreds of millions of people worldwide. This book covers United States law in most detail, but the developments and trends described have parallels in many countries, and the United States model and its actions influence others. Some of the most widely used vaccines against COVID-19 - mRNA vaccines – were developed in the United States, and choices made in the United States impact other countries.United States law currently has so muchto say about vaccines. From the federal mandate President Biden enacted requiring federal employees to be vaccinated against COVID-19, to the growing number of private employers requiring vaccines to return to work, vaccine law has become a prevalent topic in everyday life. But there is little writing about the legal aspects of vaccines directed at the general public or an educated lay audience without a legal background. Vaccine Law and Policy will not only be invaluable to professionals implementing vaccine law and policy, but also to regulators, public health officials, and scientific researchers.Vaccine Law and Policy covers the wide range of laws and policies that impact the field. These include, among others, regulatory oversight by the FDA, one of the most influential bodies in drug and vaccines regulation worldwide, enforcement, and regulation of the research and development of vaccines; vaccine mandates for children and in the workplace, and medical, religious, and philosophical exemptions to them; patent law and other intellectual property protections such as trademark, trade secret, unfair competition, and copyright law; compensation for vaccine injuries under the National Vaccine Injury Compensation Program (NVICP) and other avenues of liability; safety monitoring; access to vaccines, their promotion, and issues related to funding and costs. The book will also discuss issues related to anti-vaccine movements and vaccine advocacy.

Vaccine Law and Policy is the first book on vaccine law and policy written specifically for the general public or an educated lay audience without legal background.

This book is an analysis of policy and law governing the development, approval, manufacture, distribution, marketing and post-market surveillance of human drugs, medical devices, foods and cosmetics in Mainland China (“China FDD Regulation”).It analyzes the policy and general principles behind China FDD Regulation, including the history and jurisdiction of the central and local agencies that administer the laws and regulations, the administrative law structure in which these agencies operate, and other aspects of FDD Regulation interpretation and enforcement.  Although it describes practice in China, this book is written in the comparative perspective (i.e., sensitive to assumptions made by those who are steeped in FDD Regulation in the U.S., Japan, and the EU).It includes one chapter on each regulatory space (drugs, medical devices, cosmetics, and food) organized by the lifecycle of products. It also covers subcategories of products, such as vaccines, radiopharmaceuticals, and in vitro diagnostic medical devices. The book includes specialty chapters on areas that are common to multiple types of regulated products, such as biosecurity and advertising.It is the first English language book of its kind, and it can serve as a resource for those in the FDD law and regulatory field to understand the mechanics of developing and marketing products, but also with insights for businesspeople and others, who are developing China-strategies.

This book is an analysis of policy and law governing the development, approval, manufacture, distribution, marketing and post-market surveillance of human drugs, medical devices, foods and cosmetics in Mainland China (“China FDD Regulation”).It analyzes the policy and general principles behind China FDD Regulation, including the history and jurisdiction of the central and local agencies that administer the laws and regulations, the administrative law structure in which these agencies operate, and other aspects of FDD Regulation interpretation and enforcement.  Although it describes practice in China, this book is written in the comparative perspective (i.e., sensitive to assumptions made by those who are steeped in FDD Regulation in the U.S., Japan, and the EU).It includes one chapter on each regulatory space (drugs, medical devices, cosmetics, and food) organized by the lifecycle of products. It also covers subcategories of products, such as vaccines, radiopharmaceuticals, and in vitro diagnostic medical devices. The book includes specialty chapters on areas that are common to multiple types of regulated products, such as biosecurity and advertising.It is the first English language book of its kind, and it can serve as a resource for those in the FDD law and regulatory field to understand the mechanics of developing and marketing products, but also with insights for businesspeople and others, who are developing China-strategies.

Specifically, in the context of investment arbitration, the latest studies suggest that a large percentage of investment arbitration cases are sponsored by funders. As funders enter the equation of arbitration proceedings in the investment regime, consideration must be given to this new player and how TPF affects investment arbitration.

This book offers a reference guide that can be consulted by all users of Third-Party Funding (TPF), lawyers, students, and other interested readers. In addition to analyzing TPF issues holistically, with both doctrinal and empirical methods, the book provides important empirical data on funders through interviews conducted with nearly thirty people working for third-party funders. It reveals a range of potential problems and lays out how to address them in the form of guidelines.TPF has become a significant element of litigation and arbitration systems around the world for both theoretical and practical reasons. Specifically, in the context of investment arbitration, the latest studies suggest that a large percentage of investment arbitration cases are sponsored by funders. Despite its prevalence, TPF has raised procedural and ethical concerns in the investment regime. One of the caveats is that when states lose against an investor, their taxpayers are who pay for the investment arbitration award, essentially transferring the wealth of the states to the investor, and now part of this wealth goes to the funder. Whether or not the funder shares this wealth is anyone’s guess and represents an ethical consideration. Apart from ethical challenges, TPF has also raised significant procedural problems in investment arbitration. As funders enter the equation of arbitration proceedings in the investment regime, consideration must be given to this new player and how TPF affects investment arbitration. Overall, the book assesses TPF in its entirety: background information, the main procedural issues and case law, ethical aspects, and empirical research on TPF, including the funder’s perspective. By doing so, it sheds new light on under-researched issues and offers essential guidance to help orient legal policy.

This book addresses the topic of judicial review in international administrative law, focusing in particular on the case law of the most established international administrative tribunals (e.g the United Nations Appeal and Dispute Tribunals, the Administrative Tribunal of the International Labor Organization, the one of the  Inter-American Development Bank Group, the International Monetary Fund, the World Bank and the Organization of American States) as well as, the major challenges faced by these jurisdictions at the present time, when dealing with grievances of international civil servants.The book is composed of seven chapters, written by legal professionals (all of them with significant experience in international administrative law) and address different subjects, such as, “the doctrine of acquired rights”, the institutional setting of the administrative tribunal of the Inter-American Development Bank Group, legal standing and the role played by staff associations in the context of judicial review of administrative decisions.The purpose was to identify the main constraints staff associations face and discuss whether it is possible (and if so, how) for those associations to challenge decisions of an administrative and regulatory nature.The three final chapters of the book are inter-related and address the most difficult challenges in this jurisdiction, since  they focus on investigations for misconduct, including harassment, and disciplinary procedures. The authors addressed the role and mandate of the investigators, the means at their disposal to pursue those functions, as well the different standards of proof applied by administrative tribunals to disputes in these areas.

The book deals with insurance of the 11 rules in Incoterms 2020 and under Common Law. Incoterms, cargo insurance and common law principles are the leading players in international commercial transactions. Although based on common law principles, Incoterms and cargo insurance practices have global application as all other legal systems and jurisdictions look to the common law for guidance.The book examines the importance of insurance in international commerce, extent of the parties’ insurance responsibilities at common law and under Incoterms 2020 Edition. Prior to detailed treatment of insurance aspects, it places the subject into perspective and context by including the wider, but related, discussions of the history, nature, property and risks transfers, as prerequisite background of the international sales contracts. Central to the book is focus on FOB and related Incoterms without sellers’ insurance responsibilities, in contrast to CIF/CIP Incoterms with sellers’ insurance obligations. It then proceeds to a wider investigation of the full extent of parties’ insurance responsibilities at common law and under Incoterms 2020.

This book is a comprehensive guide for legal, business, and technology professionals seeking to understand the intersection of sustainability and emerging technologies in the legal ecosystem.

The legal profession is at a pivotal moment. Rapid technological advances, rising competition from unexpected directions, shifting client demands, and changing expectations from top talent are reshaping the legal profession right before our eyes. To stay ahead and thrive, law firm leaders must build future-ready firms—organizations that proactively lead transformation and respond to disruption with agility.This book is a practical, research-backed guide to unlocking peak performance and driving transformation across the entire firm by focusing on the most overlooked success factor: the people who shape and drive the firm’s future. Leaders who successfully empower people to adapt to and actively drive transformation will shape the future of the legal profession.  Drawing on over 20 years of experience advising top law firm leaders, 35 in-depth interviews with managing partners, COOs, CHROs, and other senior leaders, and three decades of research in behavioral, human, and business sciences, Prof. Dr. Madeleine Bernhardt, LL.M., introduces a structured, science-based framework covering nine critical areas leaders must address to achieve successful transformation. Together, these areas enable the development of a strong and adaptive law firm culture—the key to leading transformation effectively and future-proofing the firm.This book helps leaders in the legal profession to:lead transformation at three levels—firm, team, and individualunlock human potential for performance, empowering individuals and teams to unlearn old habits, embrace new ways of working, and drive transformation build a strong and adaptive culture across the firm—essential to any strategic transformation future-proof their firms, enabling them to thrive in a time of high complexity and dynamic change. Whether managing partner, COO, CHRO, or senior leader, readers will find in this book the proven concepts and methods needed to lead with impact in times of volatility, uncertainty, complexity, and ambiguity (VUCA)—and to build future-ready firms that actively shape and adapt to a fast-paced environment.Today more than ever, a firm’s success depends on its leaders’ ability to skillfully lead people, teams, and the entire organization through transformation—to win the future.

This book explores how law can safeguard the marine environment in the era of deep-sea mining.In our increasingly interconnected and resource-intensive world, the demand for mineral resources has reached unprecedented levels. Rapid industrialization, technological advancements, and a growing global population have intensified our reliance on minerals: for electronics, renewable energy systems, infrastructure, and manufacturing.This escalating demand has pushed humanity to explore new frontiers, with the deep sea emerging as a potential reservoir of untapped resources. As terrestrial deposits become harder to access, the allure of deep-sea minerals grows ever more compelling.Yet, with opportunity comes responsibility. Balancing economic interests with the preservation of fragile and largely unexplored deep-sea ecosystems requires robust and enforceable legal frameworks. Since the adoption of the United Nations Convention on the Law of the Sea in 1982, international law has sought to govern ocean resources while protecting the environment.This book offers a meticulous examination of these legal frameworks, environmental considerations, and the governance of deep-sea mineral exploration. It provides a comprehensive foundation in ocean law, covering the intricacies of international regulations, state rights, regulatory challenges, and also addressing social dimensions and human rights considerations.ghts considerations.

Gaining insight into the judgments related to geographical indications is essential to understanding how the complex puzzle of GI protection fits together within European Union law. This system empowers producers to manage their respective geographical indications, enabling them to respond to growing societal demands for sustainable products. The scope of protection is carefully calibrated to balance the intellectual property rights of agrifood GIs with the coexistence of pre-existing trademarks. Notably, the protection of GIs extends beyond mere conceptual evocation, also encompassing cases involving figurative signs and even product shapes. A review of European Court of Justice and General Court case law reveals a clear trend in favour of protecting geographical indications, reinforcing the importance of this intellectual property right.