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Companies are turning to artificial intelligence to assist in recruiting and hiring the best talent in this tight labor market. However, there’s substantial corporate oversight in assessing AI threats, while agencies like the Equal Employment Opportunity Commission in the US are closely examining AI for potential bias and other harms. In this Quick Chat video Paul Evans and Brad Newman welcome Stephen Malone of Fox Corporation to discuss blind spots in using AI in recruitment and hiring, and share to practical tips to help employers alleviate these issues. Join us to continue the discussion in-person at Baker McKenzie’s event, A Conversation with Special Guest Speaker EEOC Commissioner Keith Sonderling, taking place 27 October in Palo Alto.

Through The Employer Report blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labor and Employment issues affecting US and multinational employers. The latest posts in the series, “Beware what you post: increased DOJ investigations target unintentional discrimination in external job postings”, and ” Salary and pay range disclosures: California calls “next””, focus on discrimination in job postings and pay disclosures.

Baker McKenzie’s Sanctions Blog published the alert titled OFAC and BIS Designate Additional Russian Parties, Signal Readiness to Act Against Third-Country Entities Assisting Russia and Belarus on 5 October 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.

On September 30, 2022, the US Department of the Treasury’s Office of Foreign Assets Control published “Sanctions Compliance Guidance for Instant Payment Systems”. The guidance underscores the importance of a risk-based approach to managing sanctions risks related to payment technologies such as instant payment systems.

On 27 September 2022, the Ibero-American Network for the Protection of Personal Data published the Guide for the Implementation of Standard Contractual Clauses for the International Transfer of Personal Data, which sets out certain aspects to be considered when making international transfers of personal data through the use of standard contractual clauses. The Guide includes non-binding guidance for those who make ITPD from member countries of the RIPD to non-adequate jurisdictions.

An increasing number of countries have been unveiling their detailed legislative frameworks and extensive state support packages aimed at developing the hydrogen market in the context of the race to net zero. The US is not a new participant in this race. The 2021 Infrastructure Investment and Jobs Act allocated USD 9.5 billion for clean hydrogen. The Inflation Reduction Act signed into law in August 2022 provided additional policies and incentives for the development of the hydrogen market, including a production tax credit, which is aimed at boosting the US market for clean hydrogen. However, the US Department of Energy’s publication of a draft Clean Hydrogen Strategy and Roadmap (CHSR) takes the US government’s level of commitment to clean energy to the next level, as well as showing its willingness to work with existing and potential hydrogen market participants and other stakeholders to develop a framework that really works. This article examines the key provisions of the CHSR.

On 23 September 2022, the US Department of the Treasury’s Office of Foreign Assets Controls (OFAC) issued Iran General License D-2 (GL D-2), which amends and replaces the former Iran General License D-1 (GL D-1), and published three related Frequently Asked Questions (FAQs). GL D-2 authorizes a more expansive set of internet communication-related activities, including cloud-based software and services, that are otherwise prohibited under the Iranian Transactions and Sanctions Regulations. According to the accompanying press release, GL D-2 aims to support internet freedom in Iran by updating US sanctions guidance in light of changes in communications technology since the issuance of GL D-1 in 2014 and to respond to the Iranian government’s efforts to suppress internet access following recent anti-government movement in Iran.

On 4 February 2022, the Canadian Department of Finance released a proposed set of rules “EIFEL Rules”) intended to address concerns that Canadian taxpayers that are part of a multinational group are deducting excessive interest and other financing costs. The EIFEL Rules restrict the deductibility of net interest and other financing expenses. Although technical amendments are expected, it is anticipated that the EIFEL Rules will begin to apply for tax years that begin in 2023. Multinational groups with Canadian members are encouraged to consider the impact of the EIFEL Rules, and potential mitigation and optimization strategies, now.

Please join us for a weekly series, hosted by Baker McKenzie’s North America Government Enforcement partners Jeffrey Martino and Jerome Tomas.
This weekly briefing is available on demand and will cover hot topics and current enforcement actions related to white collar crime and criminal investigations in the US and abroad to arm you with the information you need for your business week.
This week’s discussion covers Deputy Attorney General Lisa Monaco’s memorandum revising Federal Corporate Criminal Enforcement Policies.