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.
Global Adhesive and Sealant Industry Heads to London for WAC 2026
The World Adhesive & Sealant Conference and EXPO (WAC 2026) will bring together stakeholders from across the global adhesive and sealant value chain September 16–18, 2026, at the Queen Elizabeth II Centre in London, England. Built around the theme “Reinventing the Future,” the conference will feature expert presentations, cross-sector dialogue, emerging technologies, and international networking focused on how the industry is responding to—and actively shaping—regulatory, market, sustainability, and technological change. Register online.
SEC Disgorgement Powers Stay Intact After High Court Fight
In Sripetch v. SEC, the Supreme Court unanimously held that the SEC need not prove investors suffered pecuniary loss before obtaining disgorgement of a securities violator’s ill-gotten gains. The decision clarifies a point left open after Liu v. SEC: an investor may be a “victim” for disgorgement purposes without proof of out-of-pocket financial harm, so long as the defendant’s misconduct invaded the investor’s legally protected interests and generated unjust profits. Keep reading.
Court Vacates USCIS Policies Affecting Nationals of 39 Countries
On June 5, the U.S. District Court for the District of Rhode Island issued a significant ruling vacating four USCIS policies that had indefinitely suspended the adjudication of immigration benefit request for individuals from 39 countries designated under the presidential travel ban. This ruling could allow affected benefits requests, including green card, employment authorization, and other types of applications before the Department of Homeland Security, to proceed. We expect the government to appeal the ruling and provide further guidance in coming days and weeks.
(June 15 Update) In response to the decision, the government has issued guidance that it “will follow its terms pending possible further judicial review” and that the applicable policies will be “treated as if they are not in effect.” The government has appealed the decision, so further policy guidance updates and litigation are likely. Learn more.
PTAB Reverses Section 101 Rejection Based on Inconsistent Claim Construction
On April 24, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) issued a decision on a Request for Rehearing in Ex parte Jaros et al., Appeal 2025-002134 (Application No. 16/927,976), reversing the examiner’s rejection of claims 1-15 and 31-41 under 35 U.S.C. §101 and the two-part Alice/Mayo framework for determining subject matter eligibility. The decision is significant for patent applicants and practitioners alike because it establishes that an examiner may not employ shifting claim constructions across different steps of the two-part Alice/Mayo framework to sustain a rejection. Read more.
Expanding the Net: DOD Proposes Extending FOCI Requirements to Unclassified Contracts
On May 7, 2026, the Department of Defense (“DOD”) published a proposed rule that would dramatically expand the scope of Foreign Ownership, Control, or Influence (“FOCI”) requirements across the defense industrial base. The rule would amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement Section 847 of the FY 2020 National Defense Authorization Act (“NDAA”) and Section 819 of the FY 2021 NDAA. In this client alert, we discuss what is changing, who is affected, and how contractors should respond. Explore further.
Federal Government Reaffirms Fixed-Price Contracting as the Default
On April 30, President Trump signed an Executive Order (EO) titled “Promoting Efficiency, Accountability, and Performance in Federal Contracting,” establishing fixed-price contracts as the default contracting method across executive branch departments and all agencies. The EO is the latest action in the administration’s broader effort to reform federal procurement, which includes the ongoing Revolutionary FAR Overhaul (RFO). Citing approximately $120 billion obligated on cost-reimbursement consulting contracts in fiscal year 2024, the administration reasons that cost-type contracts have led to unpredictable costs, bloated overhead, and weak performance incentives. Keep reading.
Federal Court Strikes Down $100,000 H-1B Fee: What Employers Need to Know
On June 8, 2026, a federal court in Massachusetts struck down the $100,000 fee that the Trump administration had imposed on employers filing H 1B visa petitions. The ruling is a major win for businesses that utilize the H-1B program to hire skilled foreign workers in fields like technology, engineering, healthcare, and finance.
(June 16 Update) On June 12, the government filed a motion with the District Court seeking a stay of the court’s order pending the entire appeal process. The District Court denied that motion but granted the government's alternative request for an administrative stay. The administrative stay suspends the District Court's order "pending a decision by the United States Court of Appeals for the First Circuit on the anticipated Motion to Stay pending appeal from the Defendants, provided the Defendants file such a Motion in the Circuit no later than Thursday, June 18, 2026." This has the effect of restoring the $100,000 fee under those conditions. Thompson Hine will continue to monitor developments in this litigation and provide further updates as warranted. Learn more.
U.S. Supreme Court Limits Private Suits Against Investment Funds
There is no implied private right of action in Section 47(b) of the Investment Company Act (ICA) allowing private parties to sue for rescission of contracts that allegedly violate the ICA, the Supreme Court held last week. FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., No. 24-345. In a 6-3 decision, the conservative justices extended the Court’s series of decisions declining to find an implied private right of action, this time addressing the ICA. The decision restricts private litigation under the ICA and provides some assurance of greater predictability to managers of closed-end funds. Read more.
Disadvantaged Dilemma: SBA Overhauls 8(a) Eligibility, Audits EDWOSB Program
Under the Trump administration, the U.S. Small Business Administration (SBA) has been aggressive in overhauling its socioeconomic contracting programs to address concerns related to racial discrimination and DEI and in auditing companies certified under these programs in a search for waste, fraud, and abuse. Earlier this month, SBA took two actions in pursuit of these goals, putting additional pressure on companies certified under the 8(a) and Economically Disadvantaged Women-Owned Small Business (EDWOSB) programs. Continue reading.
Federal Rule 16.1: How It Changes Early Defense Strategy in Product Liability Multidistrict Litigation
Federal Rule of Civil Procedure 16.1, which took effect on December 1, 2025, is the first federal rule specifically directed at multidistrict litigation (MDL). For companies defending product liability MDLs, the rule offers new opportunities to seek early claim substantiation, resolve threshold legal issues, and streamline litigation before costly merits discovery begins. Explore further.
U.S. Supreme Court Declines Review of China Section 301 Tariff Challenge
On June 15, 2026, the U.S. Supreme Court denied without comment the plaintiff group’s petition for certiorari in the test case for the China Section 301 tariff refund litigation HMTX Industries LLC, et al. v. United States et al.). The petition sought review of the U.S. Court of Appeals for the Federal Circuit (CAFC) decision sustaining the China Section 301 tariffs under the Trade Act of 1974 involving China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. See Thompson Hine Update of February 23, 2026. See also Thompson Hine Update of September 25, 2025, detailing the CAFC decision holding that the Office of the U.S. Trade Representative (USTR) had the authority to modify its original Section 301 trade action by imposing and modifying tariffs on products appearing on List 3 and List 4A at a later date. Read more.
CBP Announces Phases 2 and 3 of the IEEPA Tariff Refund Process
At a show cause hearing before the U.S. Court of International Trade (“CIT”) on June 9, 2026, U.S. Customs and Border Protection (“CBP”) confirmed that it will roll out Phases 2 and 3 of its process for refunding duties paid by importers under the International Emergency Economic Powers Act (“IEEPA”) later this summer, with Phase 2 scheduled to launch on June 29, 2026, and Phase 3 expected by the end of July. Keep reading.
Securities Quarterly Update – Summer 2026
Welcome to the summer edition of Securities Quarterly Update, a publication that provides updates and guidance on securities regulatory and compliance issues. In this edition, we review considerations for quarterly reports on Form 10-Q; recent insider trading enforcement actions; recent SEC, Nasdaq, CA CARB and corporate governance updates; and SEC rulemaking activity.
Form 10-Q Disclosure Considerations
Artificial Intelligence (AI)
Companies should revisit whether AI-related developments require updates to risk factors, MD&A or disclosure controls, including developments involving the company’s deployment of AI tools, reliance on third-party AI vendors, cybersecurity implications, or executive and employee use of public chatbots. Continue reading.
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.
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For more information, contact the editor, Devin A. Barry, or any of the authors.
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.