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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
United States | Publication | November 17, 2021
On November 17, the Judicial Panel on Multidistrict Litigation selected by lottery the Court of Appeals for the Sixth Circuit to hear the 34 now-consolidated challenges lodged against OSHA's Emergency Temporary Standard (ETS) "vaccine-or-test" mandate. The Sixth Circuit will conduct further proceedings involving the various constitutional and other procedural and substantive challenges filed in the multiple circuits, presumably including ruling on petitioners' requests for a temporary and permanent injunction against implementation and enforcement of the ETS.
It is unknown presently whether the Sixth Circuit will entertain any motion to dissolve the stay ordered against the ETS by the Fifth Circuit. OSHA has stated it is complying with the stay.
As announced today, the ETS is also facing a challenge sponsored by all 50 Senate Republicans and 160 House Republicans under the Congressional Review Act (CRA). The CRA permits either or both Congressional chambers to pursue a joint resolution of disapproval which would invalidate the mandate if the resolution is passed by both the House and Senate and is signed by the President, or if Congress successfully overrides a presidential veto.
Special thanks to law clerk Michelle Avidisyans (Los Angeles) for her assistance in the preparation of this content.
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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 EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act). The AI Act will be the first comprehensive legal framework for the use and development of artificial intelligence (AI), and is intended to ensure that AI systems developed and used in the EU are safe, transparent, traceable, non-discriminatory and environmentally friendly.
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