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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Fourteenth edition highlights challenges of cybersecurity, balancing data protection and discovery obligations.
We have released our 2018 Annual Litigation Trends Survey. This year’s survey polled 365 senior corporate counsel representing US-based organizations on disputes-related issues and concerns.
Survey respondents report a decrease in the number of lawsuits commenced against their companies over the last year, but that they face more regulatory proceedings and arbitrations in navigating increased cyber risk, data protection and tax issues.
Two thirds of respondents report feeling more exposed in 2018 to cybersecurity and data protection disputes. We asked respondents about the actions they are taking to mitigate risk in this area. Based on the activities reported, we have developed the Cyber Risk Mitigation Framework to provide a comprehensive overview of steps being taken to actively manage exposure to cyber risk.
The survey also found that the growing international nature of many business operations has caused a spike in conflicts related to countries’ differing discovery and data protection laws and regulations. More than half of the legal departments surveyed—11 percent more than last year—report they are increasingly forced to balance one jurisdiction’s discovery obligations with another’s data protection regulations.
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
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The private credit market and direct lending have grown and diversified immensely in the past decade, offering alternative sources and terms of debt compared to those historically provided by the syndicated leveraged loan and public issuance markets. Consequently, they are fast becoming pivotal components in the capital ecosystem, so much so that the Bank of England consider that the private credit market is currently responsible for approximately $1.8 trillion of debt issuance, which is four times its size in 2015. This growth has been particularly pronounced in Europe and the US but there has also been significant activity in Asia.
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