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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
A number of recent cases involving blockchain platforms illustrate the difficulties that sometimes emerge in understanding what roles software coders do and don’t play when it comes to such systems, and thus whether they may potentially be faced with liability.
Some 425 years ago, a villainous character in Shakespeare’s “Henry VI, Part II” famously exclaimed, “The first thing we do is, let’s kill all the lawyers” (Act IV, Scene II). Were Shakespeare today a lawyer litigating blockchain cases, would his character be suggesting that the first thing we should do is sue the software coders, or even the code itself?
A number of recent cases involving blockchain platforms illustrate the difficulties that sometimes emerge in understanding what roles software coders do and don’t play when it comes to such systems, and thus whether they may potentially be faced with liability. These cases also show how confusion can arise in distinguishing between code itself and the actions and interests of the humans and entities who may lie behind that code.
Robert A. Schwinger explores recent developments in this edition of his New York Law Journal Blockchain law column.
Download the full New York Law Journal article, "Going after blockchain coders—and perhaps even the code?"
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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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In the recent decision of Euronav Shipping NV (Euronav) v Black Swan Petroleum DMCC (BSP) [2024] EWHC 986 (Comm) (the Judgment), the English Commercial Court has underscored the role of comity in international disputes.
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