Publication
“AI and sustainability - cure or curse?”
While AI can help resolve data issues in sustainable investing, it can create problems such as information breaches and inherent bias in data.
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United States | Publication | September 2022
On September 15, 2022, US President Joseph Biden issued an Executive Order (EO) directing the Committee on Foreign Investment in the United States (CFIUS) to consider a specified list of national security risks when reviewing covered transactions. The EO represents the first time a US president has issued an executive order providing formal Presidential direction on priority national security risks since CFIUS was first established in 1975.
Specifically, the EO directs the Committee to evaluate covered transactions' impact on:
Each of these factors is widely understood to have already been considered by CFIUS when reviewing covered the transactions and the EO does not change CFIUS' jurisdiction, operations or processes. Therefore, the EO's intent appears to be more oriented toward sharpening the Committee's focus on these particular risk factors and also providing notice to the business community that transactions involving these areas are likely to be subject to increased scrutiny in the future.
Parties contemplating current or future transactions involving foreign investments should continue to ensure that their CFIUS due diligence process includes an examination of these particular risk factors and anticipate that transactions involving such risks may be subject to enhanced scrutiny by the Committee.
Our team continues to monitor this space and will publish additional updates as appropriate.
Special thanks to Law Clerk Claire Huitt (Washington, DC) for her assistance in the preparation of this content.
Publication
While AI can help resolve data issues in sustainable investing, it can create problems such as information breaches and inherent bias in data.
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In this edition of Regulation Around the World we review recent steps that financial services regulatory authorities have taken as regards investment research.
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n a long-running dispute, taking in no less than three arbitrations spanning 26 years cumulatively (involving allegations of state interference in the arbitral process), the Court has provided useful guidance on the ss.67 and 68 challenges, particularly in the context of investor-state claims.
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