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.
Stay on Top of Critical Regulatory & Policy Issues at ASC’s April Convention
Regulations are moving quickly — new federal actions, emerging state and local rules, advancing health & safety requirements, and major changes coming out of Europe. Make sure your team stays current on the latest policy shifts at ASC’s Convention in Nashville, Tennessee this April 20-22. Full program available here.
Register now to secure your place and keep your team informed.
The Patent Practitioner's New Playbook: Key Developments in Venue Issues, Global Litigation, and PTAB Strategy
March 26, 2026
Thompson Hine invites you to join us for a discussion on key developments and emerging strategies in patent litigation. This program will cover several timely and high-impact topics. Click here to learn more and to register.
Navigating PFAS Risk: Key Regulatory and Litigation Trends for 2026
Check out our recent webinar featuring Thompson Hine partners Joel Eagle, Karen Firstenberg, and William Hubbard as they examined the latest PFAS regulatory and litigation trends as part of the firm's ongoing PFAS risk mitigation series. Our experienced panel shared practical insights on navigating government enforcement, private litigation, and other key PFAS-related risks. Click here to listen.
Trade Secret Quarterly – February 2026
Splitting Secrets: Federal Circuits Clash Over DTSA Particularity Requirement
Historically, plaintiffs alleging federal trade secret misappropriation claims could walk the line between satisfying the minimum pleading standards set by Twombly and Iqbal, while avoiding revealing their hand too early. Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009). This is because the Defend Trade Secrets Act (DTSA) does not expressly require plaintiffs to meet a heightened pleading standard. However, in light of recent federal decisions, plaintiffs seeking relief under the DTSA may be forced to change their strategy depending upon where litigation takes place.
In trade secret litigation, forum matters. There is a growing split among federal circuit courts regarding how particularly plaintiffs must describe the trade secrets at issue, and at which point in the litigation this particularity is required. This divide is highlighted by two recent appellate decisions from the Fourth and Ninth Circuits issued one month apart that reached conflicting conclusions. While both circuits concluded the DTSA requires trade secrets to be pled with “sufficient particularity,” the Fourth Circuit requires this at the pleadings stage, whereas the Ninth Circuit gives litigants until the outset of discovery. Continue reading.
Fiscal Year 2027 H-1B Lottery
U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2027 H 1B cap will open at noon Eastern on March 4 and run through noon Eastern on March 19, 2026.
Registration Process and Fee
If an employer wants to apply for an H-1B visa for a foreign worker, there are a few steps to follow. First, employers and their attorneys need to create accounts on myUSCIS.gov to participate in this process. Then the employer must register electronically and pay a $215 fee for each person being registered. This fee is nonrefundable and must be paid online through the pay.gov portal. It is separate from the fees that will need to be paid later if the registration is selected in the H-1B lottery. Learn more.
SDNY Rules AI Communications Not Privileged
In a case of first impression and with significant implications for anyone who uses public generative AI tools in connection with legal matters, Judge Rakoff of the Southern District of New York issued an opinion on February 17, 2026, in United States v. Bradley Heppner, No. 25 Cr. 503 (JSR) holding that the defendant’s communications with a publicly available AI platform were not protected by attorney-client privilege or the work product doctrine. This ruling should serve as a wake-up call for anyone who’s ever input information into a public AI tool: sensitive information shared with public AI platforms is not confidential and privilege claims over AI-assisted work may fail. Explore further.
After U.S. Supreme Court Invalidates IEEPA Tariffs, Trump Administration Turns to Other Options – What Importers Need to Know
IEEPA Decision Summary
On February 20, the SCOTUS, in a landmark 6-3 ruling, determined that President Trump’s use of the IEEPA to impose tariffs was unlawful. In its decision, the SCOTUS stated: “When Congress grants the power to impose tariffs, it does so clearly and with careful constraints. It did neither in IEEPA.”
As Chief Justice John Roberts noted in the majority opinion, the IEEPA gives the president economic tools to address significant foreign threats to U.S. national security, foreign policy, or the economy. Early in his second term, President Trump declared a national emergency as to both drug trafficking and U.S. trade deficits and issued a series of executive orders imposing tariffs under the IEEPA. Keep reading.
DOL Proposes Major Changes to Employee and Independent Contractor Classification Rules
On February 26, the U.S. Department of Labor (DOL) published a proposed rule that would fundamentally reshape how employers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA) and related federal laws. The proposed rule would rescind a 2024 Biden-era final rule and replace it with an analysis similar to the one adopted by the DOL in 2021, with a few modifications.
According to the DOL, the proposed rule is designed to help workers and employers “better understand how to determine when a worker is an employee and when the worker may be classified as an independent contractor” under federal wage and hour laws. Learn more.
Antitrust MonTHly - February 2026
Antitrust MonTHly delivers a periodic update offering timely insights on U.S. antitrust enforcement, competition policy and related legal developments that matter to businesses and dealmakers. Each edition provides concise analysis of key regulatory, enforcement and litigation trends, along with practical perspectives to help readers navigate antitrust risk in an evolving landscape.
New HSR Rule Vacated, but Its Fate Remains Uncertain on Appeal
There was substantial controversy surrounding the FTC’s issuance of a new rule in October 2024 that significantly increased the burden on parties filing notifications under the Hart-Scott-Rodino (HSR) Act. Under that new rule, parties were required to report transactions meeting the HSR thresholds using a new form demanding information and documentation well beyond what had been required since the HSR Act was enacted in the late 1970s. Read more.
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?
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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.