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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 | May 2022
We have warned for several years of federal and state Occupational Safety and Health Administration (OSHA) investigations potentially resulting in criminal exposure for employers who are claimed to have willfully violated workplace health and safety standards. Now, a federal grand jury has indicted the operator and management personnel of a Wisconsin corn mill where a May 2017 explosion killed five workers and injured many more. The indictments include two counts relating to willful violations of OSHA grain-handling standards.
In particular, the grand jury charged the managers with document falsifications prior to and obstruction of the OSHA investigation of the incident, including:
The cautionary tale is plain—the cover-up is usually worse than the offense itself. Employers and facility owners and operators with responsibility for OSHA compliance must ensure they (1) have appropriate written policies and procedures in place to identify and reduce, eliminate and/or meaningfully address workplace hazards; (2) ensure workers are adequately and routinely trained concerning those hazards and their avoidance, as well as safe work practices for the various tasks in which they must engage; (3) conduct attorney-directed internal investigations of OSHA-reportable incidents to ensure work product protection applies to the conduct of those efforts and (4) engage forthrightly with OSHA when incidents occur that could subject the company to citations.
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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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