Mark Fenwick

Kyushu University | Kyudai · Law

Research and Development (R&D) in the pharmaceutical sector traditionally occurred in closed, siloed institutional settings. This approach was a function of a rights-oriented intellectual property model which framed access and reuse of data (data sharing) as a threat to rightsholders. However, a closed model of explorative collaboration is less sui...

Large companies currently face an existential crisis because of a series of new pressures that have emerged over recent decades in a global, digital economy. The model of the centralized, hierarchical firm that was hugely successful in an earlier phase of industrial capitalism seems less well-equipped to meet the challenges of today, particularly t...

The goal of the business of the future is socially responsible innovation. How can this be achieved? What organizational and governance structures will best achieve this objective? This chapter describes the organizational structures of the business of the future that seems most likely to deliver this goal of socially responsible innovation, namely...

In traditional models of corporate governance, authority and power flows downwards from the shareholders through the board of directors/supervisory board to executives and then management and eventually the employees. Governance mechanisms are primarily aimed at curtailing agency problems, notably those that arise between owners and self-serving ex...

Corporate venturing—a corporation making an investment in external startups either directly (off the balance sheet through a corporate venturing unit) or indirectly (through an independent and separately managed venture capital fund) for strategic or financial gain—has received much attention in recent years as large corporations seek to improve th...

In recent years, there has been greater recognition of the role institutional investors play in the corporate governance of large corporations and the importance of regulatory measures aimed at promoting the right kind of institutional investment engagement. This chapter explores these issues via a comparative study of regulatory interventions acro...

This chapter introduces the relationship between corporate governance and new technology. After reviewing the key features of the digital revolution, two issues are highlighted that seem particularly relevant to any discussion on the impact of digital technologies on corporate governance and business regulation.

This chapter explores how businesses can use new digital technologies—specifically distributed ledger (blockchain) technologies—to build more decentralized organizations for all stakeholders. Such unmediated, tech-driven organizations are increasingly attractive and can offer a competitive advantage in attracting talent, raising capital, finding su...

One significant obstacle in establishing the sustainable business ecosystems described in the previous chapter is the regulatory environment. Too often, the law and other forms of regulation distort incentives for good actors and fail to respond effectively against the bad ones. This is hardly surprising. Much of the regulatory environment is desig...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

The emergence of digital platforms and the new application economy are transforming healthcare and creating new opportunities and risks for all stakeholders in the medical ecosystem. Many of these developments rely heavily on data and AI algorithms to prevent, diagnose, treat, and monitor diseases and other health conditions. A broad range of medic...

The use of digital technologies in healthcare is changing how medical treatments are developed by researchers, delivered by medical professionals and experienced by patients. This chapter argues that a defining feature of this disruption is the emergence of medical apps that leverage algorithm-based AI systems. As the use of such apps and AI wearab...

The General Data Protection Regulation (GDPR) contains a blanket prohibition on the transfer of personal data outside of the European Economic Area (EEA) unless strict requirements are met. The rationale for this provision is to protect personal data and data subject rights by restricting data transfers to countries that may not have the same level...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

In response to cartel formation, competition lawyers and policymakers in nine Asian jurisdictions have experimented with leniency programmes. This mechanism allows firms to come forward with information in relation to their illegal cartel participation in return for a reduction of or immunity from a sanction. The experimentation plays out across th...

The data protection lawyer of the future will be a key intermediary of innovation—or ‘transaction engineer’—who facilitates and coordinates new forms of business and other social relationships in rapidly evolving multi-disciplinary settings. The effective performance of this function requires legal professionals to develop a different mindset, alo...

In July 2020, the Court of Justice of the European Union (CJEU) in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems ("Schrems II") invalidated the EU-US Privacy Shield adequacy decision but found that Standard Contracting Clauses (SCCs) are a valid mechanism to enable GDPR-compliant transfers of personal data from the EU...

This introductory chapter briefly outlines the main theme of this volume, namely, to review the new opportunities and risks of digital healthcare from various disciplinary perspectives. These perspectives include law, public policy, organisational studies, and applied ethics. Based on this inter-disciplinary approach, we hope that effective strateg...

Smart contracts-self-executed, autonomous agreements in the form of computer code hosted on a blockchain-are, according to many observers, poised to disrupt the theory and practice of contracting. The perceived advantages of smart contracts are manifold. They can facilitate the performance and execution of agreements without the necessity of interm...

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating...

This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating...

In the context of the exponential growth of new technologies, any attempt to think about the future becomes enormously challenging. The conventional modern hope that we might learn from past experience and, by doing so, anticipate or otherwise predict future trends has faded due to the cognitive and normative uncertainties that surround today’s tec...

In an age of fast-paced technological change and hyper-competitive global markets, all firms must focus on putting in place organizational structures and management processes that deliver innovation. This is obviously a technical challenge (developing and gathering together multiple new technologies), but also a “design” challenge (offering end-use...

Coronavirus is the first global crisis of a digital age and the divergence in policy responses reflects the challenge of navigating an unprecedented global situation under conditions of enormous uncertainty. We ask what lessons can be learned from this experience and identify two, both of which push against mainstream interpretations of recent even...

In the context of a fast-developing, technology-driven economy, policymakers increasingly regard regulation as an essential element in gaining a competitive edge and establishing themselves as a regional hub for technology-focused businesses. In the context, of fintech, for example, a number of Asian jurisdictions have recently introduced regulator...

The development of new technologies by financial service providers is not new; banks, for instance, have always utilized technology to improve front- and back-office operations. The historical significance of fintech does not derive from the use of technology per se, but the leveraging of the distinct properties of digital technologies by non-tradi...

Ein signifikanter Effekt digitaler Technologien besteht darin, dass sie traditionelle, unternehmerische Organisationsformen disruptieren. Neue digitale Technologien führen zu zunehmend flacheren, offeneren und dezentraleren Formen der Unternehmensorganisation. Dieser Wandel ist in der gesamten Wirtschaftswelt spürbar. Herkömmliche Regulierungsmetho...

The use of digital technologies in healthcare is changing how medical treatments are developed by researchers, applied/practiced by medical professionals and experienced by patients. This article argues that a defining feature of this disruption is the emergence of new medical “apps” that leverage algorithm-based AI systems. As the use of such apps...

This book focuses on Fintech regulation in Asian, situating local developments in broader economic, regulatory and technological contexts. Over the last decade, Fintech – broadly defined as the use of new information technologies to help financial institutions and intermediaries compete in the marketplace – has disrupted the financial services sec...

Corporate governance is undergoing a quiet, but quick transformation. The rise of digital technologies is forcing companies to reconsider existing business models, but also how they organize themselves and structure firm governance. This chapter introduces the main features of the modern corporation and corporate governance, outlines how digital te...

In this chapter, we explain the benefits of introducing a Coding for Lawyers course in the legal curriculum and present our initial experiences with the course. The chapter outlines the broader context of the transformation of education in a digital age; describes the importance of Computer code in a legal context, particularly in terms of the on-g...

In a technology-driven, digital world, many of the largest and most successful businesses now operate as ‘platforms’. Such firms leverage networked technologies to facilitate economic exchange, transfer information, connect people, and make predictions. Platform companies are already disrupting multiple industries, including retail, hotels, taxis,...

This chapter introduces two connected arguments about the future of the legal profession. First, the ongoing “digital revolution” will continue to disrupt legal work as it has traditionally operated. Various aspects of this disruption are outlined. Second, in contrast to previous technological revolutions, the “deployment” of disruptive innovation...

Legal Technology —or “Legal Tech ”—is disrupting the traditional operations and self-understanding of the legal profession . This chapter introduces the central claim of this book, namely that these developments are having and will continue to have a disruptive effect on the work of lawyers and that adapting to this new operating environment is cru...

A significant development in the global economy over the last two decades has been the emergence of businesses that organize and define themselves as “platforms.” By platform, we refer to any organization that uses digital or other emerging technologies to create value by facilitating or coordinating connections between two or more groups of users....

There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by inc...

We live in a world that has historically been dominated by centralized, hierarchical organizations. Such organizations are characterized by (i) a centralized source of authority; (ii) a formal hierarchy with clearly defined “roles”; and, (iii) standardized operational systems and procedures dictated by that centralized authority/hierarchy. This typ...

Identifying and then implementing an effective response to disruptive new AI technologies is enormously challenging for any business looking to integrate AI into their operations, as well as regulators looking to leverage AI-related innovation as a mechanism for achieving regional economic growth. These business and regulatory challenges are partic...

This paper explores the issue of ‘re-making’ corporate law through the prism of the United Nations’ recent efforts at reducing legal obstacles experienced by micro-, small- and medium-sized enterprises in starting and scaling a business. In order to be fully successful, this paper suggests that the UN should go back to business fundamentals and sho...

In an age of constant, complex and disruptive technological innovation, knowing what, when, and how to structure regulatory interventions has become much more difficult. Regulators can find themselves in a situation where they believe they must opt for either reckless action (regulation without sufficient facts) or paralysis (doing nothing). Inevit...

Computer science, robotics and AI have all developed rapidly in recent years, bringing profound changes to all aspects of human life. However, the emergence and proliferation of these new technologies has not occurred within the bounds of traditional organizational, ethical and regulatory systems. We have reached an inflection point, where we need...

Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated “human-like” robots are creating new and...

Technology is transforming our lives and the way we perceive reality so quickly that we are often unaware of its effects on the relationship between law and society. As an emerging field, a key aim of IT Law is finding the best way of harnessing different cutting-edge technologies and at the same time reducing the ever-growing gap between new techn...

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. C...

This paper argues that the key to success for any business enterprise is to build and maintain relevancy in the marketplace, whilst also remaining relevant to all the various stakeholders within the firm (e.g., employees and investors). Relevancy in the market means delivering products or services that matter for consumers. Relevancy to stakeholder...