The developments regarding the Digital Markets Act ("DMA") are mounting and the day by which Alphabet, Amazon, Apple, Bytedance, Meta and Microsoft must comply with the DMA's dos and don'ts is approaching (7 March 2024). This News Update provides an overview of the recent main developments, from the current state of play back to the day the first Big Tech companies were designated as 'gatekeepers' (5 September 2023). COMPLIANCE WITH OBLIGATIONS AND PROHIBITIONS UNDER THE DMA Following their designation, gatekeepers (Alphabet,...

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As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act (IRCA), effective February 13, 2024. Interestingly, the Federal Register announcement for DOJ increases also included penalties for sections of IRCA administered by the Department of Homeland Security (DHS), Immigration & Customs Enforcement (ICE). The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and...

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In a recent Vulcan roundtable event, moderated by Vulcan’s Special Advisor Rory Montgomery, industry leaders and experts convened to discuss the transformative implications of the EU Chips Act and chart a course for the future of microelectronics resilience in Europe. Lucinda Creighton, CEO of Vulcan Consulting, commenced the session by emphasizing the EU Chips Act’s significance and the imperative for Europe to fortify its microelectronics supply chain resilience, especially given current dependencies on East Asia. Keynote speakers from DG CONNECT at...

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Last month, we released our fifth annual AlixPartners Disruption Index (ADI), the firm’s signature piece of thought leadership. The ADI surveys more than 3,000 CEOs and senior executives around the world to uncover their most pressing business concerns, while providing insights on how to best navigate these disruptions in the year to come. Leaders across the 10 industries surveyed expressed uncertainty about the future and concern about evolving issues out of their control. Geopolitical tensions, major international elections, and new technologies—particularly...

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The European Commission’s Directorate-General for Competition (DG COMP) has published a policy brief that provides comments on the Foreign Subsidies Regulation (FSR) requirements and first cases the Directorate has addressed in the 100 days since the reporting regime began. The brief provides statistics on the 53 notifications received in that period, as well as clarifications on some recurring issues that have arisen in the context of notifications, such as how to properly categorize relevant advantages provided by non-EU countries, i.e., Foreign Financial Contributions (FFCs),...

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In this week’s Roar: a potential strike at East and Gulf Coast ports, how Houthi attacks are impacting British businesses, an Ocean Alliance announcement, the FMC’s Final Rule on demurrage billing practices, and an update on blockchain in the industry. It’s like déjà vu. Remember all the problems with West Coast ports when contracts expired last year? Now it’s time for contracts to expire at East and Gulf Coast ports, which has the potential for a strike looming once again. The...

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The U.S. Patent and Trademark Office (USPTO) has been actively engaging with stakeholders on the topic of artificial intelligence (AI)-assisted inventions and inventorship. In response to an August 2019 request for comments, the USPTO received extensive feedback, which was summarized in an October 2020 report. Further discussions took place during the June 2022 Artificial Intelligence/Emerging Technologies Partnership meeting and April/May 2023 public listening sessions. In February 2023 the USPTO issued a Request for Comments Regarding Artificial Intelligence and Inventorship and received 69 written...

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The Trepp CMBS Delinquency rate inched up in February 2024. Overall, the delinquency rate rose five basis points to 4.71%. In the heavily watched office segment, delinquencies jumped 33 basis points to 6.63%. The month-over-month increase in February is roughly in line with the average monthly increase for the sector over the prior 12 months, increasing by 37 basis points per month on average. The retail segment notched the largest decline of all property sectors for the month, dropping 24 basis points...

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New Law Impacts U.S. Export Controls, Sanctions and Supply Chain Management Key Notes: Processes and procedures for sending defense articles, defense services and technical data within the trilateral AUKUS security partnership have been streamlined. Many sanctions-related provisions overlap with government contract provisions prohibiting the federal government from contracting with certain proscribed or denied persons, especially those owned or controlled by foreign competitors like China and Russia. The NDAA 2024 implements the American Security Drone Act of 2023 and the Combating...

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Artificial Intelligence (AI) systems are increasingly being adopted by HR practitioners. Its benefits can include increased productivity, efficiency and cost reductions. However, while case law is yet to be developed, there is potential for a broad range of claims from employees or job applicants where AI has made or influenced an unfair, biased or discriminatory decision affecting their employment. In this article, we look at those HR practices which may lend themselves to AI deployment, namely recruitment, performance management and...

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