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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Corporate counsel faced an increased number of regulatory disputes in 2022 compared to the previous year, as agencies stepped up enforcement on issues ranging from cybersecurity and white-collar crime to worker classification and compliance with evolving healthcare rules.
Employment and labor disputes took center stage, with nearly half of respondents reporting increased exposure in 2022. Respondents expect that trend to continue in 2023, with the majority predicting that disputes of all types—litigation, arbitrations and regulatory proceedings—will stay the same or increase.
These are among the central findings from Norton Rose Fulbright’s Annual Litigation Trends Survey. Now in its 18th year, our research tracks changes across the litigation landscape by surveying legal professionals in key commercial sectors, from general counsel at global corporations to in-house lawyers at small and midsize businesses.
In October and November 2022, we surveyed more than 430 general counsel and in-house litigation leaders, based in the United States and Canada, in industries such as financial services, energy, healthcare and technology.
We supplemented this quantitative research with in-depth interviews, a methodology we first incorporated in 2020, to better explore emerging trends and deepen our understanding of the litigation challenges top organizations face.
Additionally, this year we explored class actions in greater depth, revealing fresh insights into an area that more than one-third of respondents identified as a critical concern for their organization in the year ahead.
Publication
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Publication
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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