Resource Library

The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) have announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate against applicants with disabilities. On May 12, 2022, both agencies issued guidance outlining areas for concern regarding the use of AI in hiring decisions, which provide some insight into their intentions for litigation.

The US Supreme Court held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Since the Dobbs decision, trigger laws in 13 states have banned or will shortly ban abortions, and another 13 states are expected to follow suit. While trigger laws are being challenged in court, there is no question that many states will successfully ban, or severely curtail, abortions within their borders. Moreover, a number of those states would impose criminal penalties on abortion providers, pregnant people, and/or individuals or entities that “aid and abet” abortions. The Dobbs decision and states’ efforts to ban, curtail and/or criminalize abortions have created multiple legal issues that affect individuals and employers.

Learn how Boards can be drivers of ESG in organizations.

On August 29, 2022, the Hong Kong Competition Commission (“HKCC”) published an Advisory Bulletin regarding the sharing of competitively sensitive information on employees’ employment conditions (such as future wages) among employers in the context of “joint negotiations” (“Joint Negotiation Advisory Bulletin”). In the Joint Negotiation Advisory Bulletin the HKCC outlines a set of guidance on the circumstances under which the exchange of information on employment conditions among employers may be justified in the context of joint negotiations.

On July 15, 2022, China’s antitrust authority SAMR announced a three-year pilot program beginning August 1, 2022 to delegate the review of certain simplified-procedure merger filings that the agency currently handles on its own, to five of its local branches (“AMRs”) in Beijing, Shanghai, Guangdong, Chongqing, and Shaanxi. Each of the five local AMRs will be responsible for a specific geographic area (“Territory”) within China. This article discusses this first step to implement China’s “categorized and classified” merger control review regime under the new Anti-Monopoly Law.

In July 2022, the sponsors of the Uniform Commercial Code (“UCC”) approved wide-ranging amendments to the UCC (“2022 UCC Amendments”) to provide workable rules for emerging technologies, such as distributed ledger technology and virtual currency. If adopted by individual state legislatures, these amendments should provide greater certainty regarding the rules governing security interests, competing claims, custodial risks, and other issues associated with digital assets. This article provides a high level summary of selected aspects of the 2022 UCC Amendments that may be of particular interest to financial market participants.

On July 1, 2022, the amendments to the Regulations and Rules of the International Centre for Settlement of Investment Disputes (“ICSID”) entered into force. This article summarizes and comments on the key changes. The 2022 ICSID Arbitration Rules apply to ICSID arbitrations commenced on or after July 1, 2022.

Purchase Agreement (United Kingdom)

Check out this sample policy developed by Exterro to learn how to implement a data retention framework workflow.

This whitepaper developed by Exterro focuses on the responsibilities and requirements of basic principles of data privacy and how they can differ significantly across various jurisdictions as more and more states pass laws, and more and more regulations go into effect.