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Legal Updates

Chemical Industry Regulatory Update – February 2026

A newsletter from The Adhesive and Sealant Council and Thompson Hine LLP

The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.

Navigating PFAS Risk: Key Regulatory and Litigation Trends for 2026

PFAS regulations and litigation continue to evolve in 2026, creating increasing compliance, enforcement, and litigation risks across industries. Staying current on regulatory developments, product restrictions, reporting obligations, and emerging claims is critical to managing exposure.

In this webinar, Thompson Hine partners Joel Eagle, Karen Firstenberg, and William Hubbard will examine the latest PFAS regulatory and litigation trends and what they mean for managing risk across industries. Join our experienced panel as they share practical insights on navigating government enforcement, private litigation, and other key PFAS-related risks.

Click here to register.

ASC’s April Convention to Deliver Critical Regulatory Policy, Standards, and Sustainability Updates

As regulatory policy, standards, and sustainability requirements evolve across the U.S. (federal, state, and local) and Europe—including potential loosening at the federal level under the Trump administration—companies should be ready to both capitalize on new opportunities and respond quickly to emerging requirements. Topics will include:

  • State and Federal Chemical Regulations Impacting Adhesives and Sealants
  • European Regulatory Developments
  • Public Policy Implications for the U.S. Adhesive and Sealant Industry
  • Beyond Chemistry: The Business Case for Sustainable Construction Adhesives & Sealants
  • Driving Sustainability Through Transparency
  • The CLIMA Approach: How to Future-Proof Your Product Portfolio to Include Low Carbon Products
  • Product Category Rules for Adhesives and Sealants
  • Environmental Product Declaration and Generator Tool for Adhesives and Sealants

Click here to learn more and to register.

New York LLC Transparency Act Narrowed to Apply Only to Non-U.S. LLCs

Following New York Governor Kathy Hochul’s veto of SB S8432 on December 19, 2025, the New York LLC Transparency Act (NY LLCTA) now applies only to limited liability companies (LLCs) formed under the laws of a foreign country that are directly registered to do business in New York.
Unless the New York Legislature overrides the veto or enacts further amendments, key NY LLCTA definitions remain tied to the federal Corporate Transparency Act (CTA) and its implementing regulations, which, following FinCEN’s interim final rule, limit application to non U.S. entities directly registered to do business in a U.S. state. Continue reading.

FTC Announces Annual Adjustment to HSR Filing Thresholds for 2026

The jurisdictional thresholds for filings under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act will increase, according to an announcement issued yesterday by the Federal Trade Commission (FTC). These increases, which include a change in the size-of-transaction threshold from $126.4 million to $133.9 million, will take effect 30 days after publication in the Federal Register, on or about February 16. Learn more.

STB Rejects Union Pacific and Norfolk Southern Merger Application

On January 16, 2026, the Surface Transportation Board (STB or Board) rejected the application filed by Union Pacific Corporation (UP) and Norfolk Southern Corporation (NS) seeking approval to create the nation’s first transcontinental railroad. Importantly, the rejection is without prejudice, meaning the applicants may refile a revised application that remedies the identified deficiencies.

The STB gave Applicants until February 17, 2026, to file a letter indicating whether and when they anticipate refiling their merger application. If Applicants choose to refile the application, they must do so by June 22, 2026. Explore further.

Decoding DOL’s 2026 Enforcement Strategy for Plan Sponsors and Service Providers

The Department of Labor (DOL or the Department) recently announced its 2026 national enforcement projects, signaling changes in the administration’s enforcement priorities for this fiscal year. The Department identified priorities both with respect to health and welfare plans and retirement plans, as well as cybersecurity, although the Department has clearly shifted significant resources to health and welfare plan enforcement. While some priorities are consistent with those in prior years, there are several new priorities that plan sponsors and service providers should be aware of and prepared to address should the DOL knock at their door. Keep reading.

Antitrust MonTHly - January 2026

Welcome to our first edition of Antitrust MonTHly, a new periodic update offering timely insights on U.S. antitrust enforcement and policy developments that matter to dealmakers and businesses. Each installment will provide concise analysis of merger enforcement trends, agency priorities at the FTC and DOJ, notable court decisions, and practical takeaways to help readers navigate antitrust risk in a shifting enforcement environment.

2025 Year in (Merger) Review – Settlements Are Back

One year into the Trump Administration, merger enforcement priorities and practices diverge markedly from those of the Biden Administration. Most notably, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) have resumed negotiating settlements with merging parties, signaling a shift back to a more traditional, pre-Biden enforcement environment. Read more.

Aerospace And Defense Law: Trends To Follow In 2026

Law360 has published “Aerospace And Defense Law: Trends To Follow In 2026,” written by Thompson Hine attorneys. The article spotlights five developments shaping the year ahead, including sweeping defense acquisition reform in the FY 2026 NDAA and the DOD’s Revolutionary FAR Overhaul, accelerated AI deployment with evolving cybersecurity requirements, and notable shifts in bid protest dynamics. It also examines heightened scrutiny of contractor performance under the January 7 executive order and momentum in NASA’s Artemis program amid the new space race. Keep reading.

How Mediation Can Lead To Better Environmental Settlements

Heidi Friedman, partner and co-chair of the Corporate Sustainability practice at Thompson Hine, has an article published in Law360: “How Mediation Can Lead To Better Environmental Settlements.”

In the piece, she examines how mediation can deliver faster, more effective resolutions in complex environmental disputes, offering practical guidance for litigants, in-house counsel, and project stakeholders and insights on data-driven preparation, creative alternatives to straight payments, involving technical experts and regulators, engaging clients in the room, and memorializing the deal with a term sheet. Learn more.

No Section 232 Tariff Now on Processed Critical Minerals and Their Derivative Products

On January 14, 2026, President Donald Trump issued Proclamation 11001, concluding that processed critical minerals and their derivative products (PCMDPs) would not be subject now to an additional tariff under Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the president to adjust duties on goods imported in quantities or under circumstances that threaten U.S. national security following an affirmative finding from a Department of Commerce investigation.

The proclamation, however, makes clear that the decision not to impose an additional Section 232 tariff on PCMDPs may be short-lived. Proclamation 11001 directs the Secretary of Commerce and the U.S. Trade Representative to pursue negotiations with trading partners over the next 180 days to ensure the United States maintains adequate supplies of critical minerals while mitigating supply-chain vulnerabilities affecting PCMDPs. “Depending on the status or outcome of those negotiations,” the proclamation reads, the Trump administration “may consider alternative remedies in the future,” including the imposition of an additional sectoral tariff. Such a tariff could be imposed by July 2026. Keep reading.

Navigating and Overcoming Section 101 Rejections

In Ex Parte Szostak, Appeal 2025-001931, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) issued a decision reversing a rejection under Section 101 of claims directed to making predictions using machine learning. The PTAB decision underscores practical pathways to overcome 35 U.S.C. § 101 rejections.

The PTAB found the claims patent-eligible because recited data-transform and training steps improved the operation of the machine-learning model and therefore integrated any abstract idea into a practical application. The reversal of the Section 101 rejection reflects the expansion of patent eligibility championed by Under Secretary of Commerce for Intellectual Property and Director of the USPTO John Squires and U.S. Secretary of Commerce Howard Lutnick. Read more.

Securities Quarterly Update – Winter 2026

Our winter edition of Securities Quarterly Update provides updates and guidance on securities regulatory and compliance issues. In this issue, we look at the SEC potentially allowing public companies to opt for semiannual reporting instead of quarterly reporting, and some of the actions that companies making such an election should consider. Explore further.

Employment Legislation Outlook

Check out the latest Employment Legislation Outlook. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.

Looking for Adhesive & Sealant Training?

ASC’s Training Academy Certificate Program offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.

For More Information

For more information, contact the editor, Devin A. Barry.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of The Adhesive and Sealant Council. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.

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