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Articles

The march to regulatory change for artificial intelligence: the commonalities between the EU and US (Eversheds Sutherland)

By Eversheds Sutherland

The EU AI Act is hotly anticipated as being a benchmark AI law that other jurisdictions might look towards when developing their own laws (much like GDPR has become a standard upon which some other countries’ own laws are based). First, much like the GDPR in terms of impact, the EU AI Act will have an extra-territorial scope, extending to providers and users of AI outside the EU where the output is used in the EU. Secondly, the Act does lay down fixed penalties for certain infringements of the Act, the highest fine being 30,000,000 EUR or 6% of a company’s total worldwide annual turnover (3% in the case of an SME or start-up) for non-compliance with the prohibitions of AI practices.

Articles

The 1, 2 Step of Data Retention

By Sarah Motley Stone (Partner), Mark Henriques (Partner)

Womble Bond Dickinson hosted a panel discussion on the current challenges involving data retention and e-discovery. In particular, the session looked at employee use of personal devices for business purposes, as well as a growing trend by digital messaging platforms to automatically delete messages shortly after they are delivered. This article is taken from that panel discussion.

Sample Forms, Policies, and Contracts

Labor and Employment Due Diligence Checklist

By Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

This is a sample labor and employment due diligence checklist, for the buyer in an acquisition to assess employment-related matters of the seller.

Articles

SEC Imposes Expansive New “Pay Versus Performance” Disclosure Requirements on Public Companies

By Latham & Watkins LLP

On August 25, 2022, the Securities and Exchange Commission (SEC) adopted Release No. 34-95607 implementing a final rule (Final Rules) that requires covered publicly traded companies to provide both tabular and narrative and/or graphical disclosure of the relationship between executive compensation “actually paid” (as defined) by the company to its named executive officers and the company’s performance over a specified time period (Pay Versus Performance Disclosure). Check out this article to find out where the Pay Versus Performance Disclosure is required to be included and where its not and any other relevant details including key determinations and actions required.

Articles

SEC Proposes ESG Disclosure Requirements for Investment Advisers and Investment Companies

By Laura N. Ferrell, Sarah E. Fortt, Betty M. Huber, David Berman, Paul A. Davies, Nicola Higgs, Anne Mainwaring, Brett J. Frazer, Karmpreet Grewal, Austin Pierce, Latham & Watkins LLP

This article, developed by Latham & Watkins LLP, reviews how the SEC proposals track EU requirements in certain respects, but differences in content and scope could leave advisory firms with increasingly complex compliance challenges. Learn more about the ESG Disclosure Requirements proposed in this article.

Sample Forms, Policies, and Contracts

Parts Development Agreement

This is a sample services agreement regarding vehicle parts development and supply between a supplier and a client company.

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