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.
PODCAST – Tariffs: Current Landscape, Strategies, and What Comes Next
In this episode, ASC’s Bill Allmond speaks with trade expert Dan Ujczo, Senior Counsel at Thompson Hine LLP, about the current tariff landscape, cascading efforts, impacts, strategies, and whether there are any silver linings on the horizon. Listen here.
ERISA Litigation 2025: Key Trends and Mid-Year Insights | June 4, 2025
2025 has already brought major developments in the evolving landscape of ERISA litigation. Join Brian Lamb, Tim McDonald, Nate Ingraham and Meredith Reeves from Thompson Hine’s Employee Benefits & Executive Compensation group as they discuss the latest decisions and emerging trends that are reshaping fiduciary risk for the remainder of the year. Learn more.
FAR 2.0: Early Expectations for the FAR Rewrite
On April 15, the Trump administration issued a new executive order (EO), “Restoring Common Sense to Federal Procurement,” signaling a monumental shift in federal procurement policy that will drastically reshape how the federal government does business. Driven by what it describes as the federal government’s “prohibitively inefficient and costly” way of conducting business, the administration plans to overhaul the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and other agency supplements to “create the most agile, effective, and efficient procurement system possible.” In this first of a series of client alerts examining the forthcoming changes to the FAR, we discuss the potential scope of these changes and outline the anticipated timeline for implementation. Read more.
Five Years Ago, Five Years Ahead: M&A Post-COVID and Into the Next Decade
Do you remember where you were on March 11, 2020? Imagine this: the stock market nosedives, a major celebrity (Tom Hanks) announces a COVID-19 diagnosis, the NBA suspends its season indefinitely, and the World Health Organization declares COVID-19 a pandemic. That whirlwind day marked the beginning of five years of unprecedented uncertainty and volatility, and its reverberations have been profound, setting the stage for a transformative period in the global economy and the M&A landscape.
The M&A Market: A Roller Coaster Ride
In the days following March 11, 2020, M&A deal work nearly came to a halt. However, the market proved resilient for the rest of 2020 and 2021. According to PwC’s Global M&A Industry Trends analysis, global deal volume increased by 18% and deal values surged by 94% in the second half of 2020 compared to the first half. Both metrics were also up compared to the second half of 2019. In 2021, global M&A hit record highs, exceeding $5 trillion according to Dealogic data. Read more.
Using Reps & Warranties to Protect the Value of a Target Company’s Proprietary Software
The software and technology sectors continue to be at the forefront of mergers and acquisitions (M&A) activity in 2025. When a company with substantial proprietary software is being acquired, it is crucial that the purchase agreement include software-specific representations and warranties to properly protect the target company’s most valuable asset.
Before drafting software representations and warranties, the buyer needs to spend time during the diligence process to ensure the seller has taken proper steps to protect its ownership of the software, including reviewing the target company’s agreements related to software development, licensing and distribution. The buyer should take steps to confirm that no third party has the right to make a claim of ownership over the software, which should include a review of software development agreements, employment agreements and contractor agreements for proper non-disclosure and assignment of inventions clauses, as well as the scope of any third-party licensing agreements. The buyer should also take measures to ensure that the target has granted only limited licenses to access and use the software (not ownership rights) to any customer or strategic partner, and that the target has adequate remedies in the event of any unauthorized access or use of the software. In addition, the buyer should take the time to understand what technological, physical, and administrative safeguards were put in place by the target company in the development of the software to protect the software from any potential vulnerabilities. Continue reading.
Trump Administration Focuses Heavily on Immigration Workplace Enforcement
It should come as no surprise to employers that the Trump administration has focused heavily on immigration workplace enforcement in the early months of this administration as President Trump campaigned extensively on the issue of immigration enforcement. Employers who had become accustomed to the more relaxed approach of the Biden administration with regard to immigration workplace compliance now need to bring all of their documentation into compliance and prepare their employees for visits by Department of Homeland Security officials.
The administration’s efforts include three primary activities:
- Visits by U.S. Immigration and Customs Enforcement (ICE) officers, who arrive unannounced to investigate the employment of individuals who do not have the authorization to be or work in the United States. Unauthorized individuals will be detained and placed in proceedings to remove them from the United States.
- Reviews of I-9 forms, supporting documents, and creation/maintenance systems to confirm compliance with regulatory requirements. Advance notice of these reviews is provided.
- Worksite visits by USCIS agents seeking to confirm compliance with work visa regulations (proper payment of wages, correct work location, and performance of job duties consistent with those listed on the visa petition). No advance notice of these visits is provided. Continue reading.
Back from the Brink: Overcoming a Default Judgment
Companies often have procedures in place to handle incoming deliveries of court papers, including service of a summons and complaint where the company is named as a defendant in a lawsuit. But despite best efforts to manage litigation risks, occasionally a company finds itself on the receiving end of a default judgment.
This may occur when, despite receiving the summons and complaint, the company fails to mount any defense in court due to an internal error. For example, an employee might have received delivery of the court papers without ensuring that they were given to management or the legal department. (Note that a plaintiff might obtain default judgment by asserting that the delivery of court papers was proper service of process, regardless of whether it would withstand scrutiny if the defendant appeared in court to contest it.) In the worst-case scenario, the company’s management and legal department have no awareness that the company is being sued until after a default judgment is entered against it and execution of the judgment, such as levying the company’s assets, is imminent. Read more.
Georgia Tort Reform: Major Litigation Shifts with the Implementation of SB68
After months of debate and heavy lobbying, Georgia’s Tort Reform Bill, SB68, passed both chambers of the Georgia Legislature on March 21, 2025. Governor Kemp signed the bill into law on April 22, 2025.
The new law significantly changes practices and procedures, impacting damages “anchoring,” motions to dismiss, voluntary dismissals, the tort of negligent security and more. Most changes apply immediately to pending cases. Below is a breakdown of the key provisions and their impact on litigation in Georgia. Read more.
Treasury Announces Intent to Launch a CFIUS Fast Track Pilot Program to Streamline Review
On May 8, 2025, the U.S. Department of the Treasury announced its intent to launch a Fast Track Pilot Program to encourage greater investment in U.S. businesses from allied and partner countries. This initiative will introduce a Known Investor portal, allowing the Committee on Foreign Investment in the United States (CFIUS) to collect information from foreign investors before a formal filing, streamlining the review process for trusted investors.
The pilot program is part of the President’s America First Investment Policy (see Thompson Hine update of February 24, 2025), which aims to increase efficiency in the CFIUS process for investors from countries with clear “independence from foreign adversaries or threat actors.” Treasury Secretary Scott Bessent emphasized that the United States values strong investments from allies and partners and is committed to maintaining an open investment environment while protecting national security. Continue reading.
DOJ Files False Claims Act Complaint Against Barco Uniforms and Affiliates for Alleged Underpayment of Customs Duties
On April 18, 2025, the U.S. Department of Justice (DOJ) announced the filing of a civil complaint against Barco Uniforms Inc., its executives Kenny and David Chan, and several affiliated companies. The complaint alleges violations of the False Claims Act (FCA) through a scheme to underpay customs duties on imported apparel. The case, originally filed under the FCA’s qui tam whistleblower provisions, was brought by a former Barco executive and is now being pursued by the government. Read more.
White House Amends Automobile Parts Tariffs to Ease Burden on U.S. Automakers
On April 29, 2025, President Trump signed a Proclamation amending the previously announced tariffs on automobile parts used in passenger vehicles and light trucks. This amendment follows Proclamation 10908, which announced 25% section 232 tariffs on imports of certain final, assembled passenger vehicles and light trucks (“automobiles”), effective April 3, 2025, and imports of certain automobile parts, set to take effect on May 3, 2025. All in-scope passenger vehicles and light trucks (including SUVs and other types of passenger vehicles) and automobile parts are listed in Annex I of Proclamation 10908. Key automobile parts listed in Annex I of Proclamation 10908 include engines, engine parts, transmissions and powertrain parts, and certain electrical components. Read more.
President Trump Issues Clarification on Application of Various IEEPA Tariffs
On April 29, 2025, President Donald Trump issued an Executive Order (EO) clarifying that each of the tariffs he has imposed pursuant to the International Emergency Economic Powers Act (IEEPA) and Section 232 of the Trade Expansion Act of 1962, serve separate and distinct policy purposes, but should “not all have a cumulative effect (or ‘stack’ on top of one another)” to the extent that they apply to the same imported article. Stating that the rate of duty resulting from stacking “exceeds what is necessary to achieve the intended policy goals,” the EO sets out the procedure for determining which tariffs will apply to an article when that article is subject to more than one tariff action. Continue reading.
Department of Commerce Initiates Section 232 Investigation of Imports of Medium- and Heavy-Duty Trucks and Related Parts
On April 22, 2025, the Department of Commerce (Commerce) announced that, pursuant to Section 232 of the Trade Expansion Act of 1962, it was initiating an investigation to determine the effects on the national security of imports of medium-duty trucks, heavy-duty trucks, medium- and heavy-duty truck parts, and their derivative products.
The Federal Register notice defines the term “medium-duty trucks” as trucks with a gross vehicle weight of more than 10,000 and under 26,001 pounds. The term “heavy-duty trucks” means trucks with a gross vehicle weight rating of 26,001 pounds or more. For this investigation, trucks are motor vehicles for the transport of goods. The term “medium- and heavy-duty truck parts” refers to the individual components and systems of medium- and heavy-duty trucks, including engines and engine parts, transmissions and powertrain parts, and electrical components. 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?
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, 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.