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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 | December 1, 2021
On November 30, and despite previously stating that it would take no further action to implement its November 5 “vaccine or test” Emergency Temporary Standard (ETS) in light of a nationwide stay ordered by the Fifth Circuit, the Occupational Safety and Health Administration (OSHA) announced it is extending until January 19, 2022, the comment period to allow stakeholders more time to assemble information necessary to respond.
A public comment period is required by law before any effort can be undertaken to turn an ETS into a permanent standard.
OSHA’s motion to dissolve the current stay, filed in the Sixth Circuit (to which all procedural and substantive legal challenges have now been assigned) is not expected to be heard by the court until at least mid-December 2021. Regardless of how the court rules on that motion, it will still need to hear and rule upon the numerous constitutional and other challenges that have been raised by multiple states’ Attorneys General, employers, unions, trade associations, and other affected individuals and entities.
In its November 30 announcement, OSHA reiterated that its ETS “… covers employers with 100 or more employees. Covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to either get vaccinated or undergo regular COVID-19 testing and wear a face covering at work. More information about the ETS is available on OSHA’s COVID-19 Vaccination and Testing ETS webpage.”
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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