Careers

Diversity, Equity & Inclusion

Experience

Innovation

Interactive Maps

Locations

About

Pages

Meet our team of innovators
Ask us how we do it

Professionals

Insights

Services

Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

Home | Thompson Hine LLP

Atlanta

Chicago

Cincinnati

Cleveland

Columbus

Dayton

Los Angeles

Minneapolis

New York

Silicon Valley

Washington, D.C.

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.

contentpilot/introduction

Industry Leaders &amp; Experts Are Gathering June 15-17

core/heading

ASC’s 2026 Executive Leadership Conference at the Pendry Park City, Utah will bring together thought leaders and experts from inside and outside the adhesive and sealant industry for high-value executive-level talks focused on the issues shaping business today. Your management team will gain insight on:

core/paragraph

core/list-item

Industry performance, regulatory and business conditions

M&amp;A strategy and growth opportunities

AI, innovation, and future competitiveness

Peer discussion on today’s biggest challenges

core/list

<a href="https://www.ascouncil.org/events/2026-executive-leadership-conference">Register your team today</a>

Navigating Today's Health Care Employment Law Challenges: Immigration, Workforce &amp; Safety

Join Thompson Hine lawyers <a href="https://www.thompsonhine.com/professionals/david-w-leopold/">David Leopold</a> and <a href="https://www.thompsonhine.com/professionals/jessica-mackeigan/">Jessica MacKeigan</a> as they explore timely developments shaping health care employment law. This presentation will highlight key compliance risks and emerging trends affecting healthcare employers, with practical insights to help navigate an evolving regulatory landscape. Register <a href="https://www.thompsonhine.com/insights/navigating-todays-health-care-employment-law-challenges-immigration-workforce-safety/">here</a>. Key Topics:

Immigration enforcement in health care settings, including patient and provider rights, privacy considerations and patient safety

Visa program updates impacting health care workforce planning

State law developments affecting physician contracts, including non-compete restrictions

Wage and hour risks tied to staffing shortages, including joint employer and misclassification issues

Workplace violence prevention and related compliance obligations

PODCAST: Who Pays for the Package? EPR Laws and What Every Business Needs to Know

In this episode of our Environmental L.A.W.S. podcast, Thompson Hine partner <a href="https://www.thompsonhine.com/professionals/tanya-c-nesbitt/">Tanya Nesbitt</a> sits down with Geosyntec’s Senior Principal Consultant <a href="https://geosyntec.com/people/mark-heaney">Mark Heaney</a> and Project Engineer <a href="https://www.linkedin.com/in/erin-lacosta-p-e-1b2587a5/">Erin LaCosta</a> to break down how to prepare and manage costs and compliance related to the patchwork of EPR laws now on the books. This episode also explores how companies can build a scalable, national compliance framework to meet this emerging challenge, addressing recycled content requirements, PFAS restrictions in packaging, and the evolving maze of state labeling laws. <a href="https://www.thompsonhine.com/insights/who-pays-for-the-package-epr-laws-and-what-every-business-needs-to-know/">Listen in</a>.

On April 30, Union Pacific (UP) and Norfolk Southern (NS) refiled their application with the Surface Transportation Board (STB) for UP to acquire NS. If approved by the STB, the merger would create the first transcontinental railroad in the United States. UP and NS first proposed the merger in mid-2025 and filed their original application in December 2025. On January 16, the STB rejected the application as incomplete but said it would allow the applicants to refile. <a href="https://www.thompsonhine.com/insights/up-ns-transcontinental-merger-redux/">Read more</a>.

Website Cookie Management Tools and Privacy and ECPA/Wiretapping Claims

A cookie management tool (CMT), also known as a consent management platform, is a type of software solution designed to enable website end users to control how a website deploys nonessential cookies and pixels (e.g., targeted advertising and social media pixels). Organizations commonly implement CMTs to comply with legal requirements or as a best practice. But what happens when a website CMT is not functioning properly? Organizations need to be aware that consumer protection attorneys are scanning publicly available websites, including those used solely in the business-to-business context, and that there has been a significant increase in legal claims based on improperly configured CMTs. <a href="https://www.thompsonhine.com/insights/website-cookie-management-tools-and-privacy-and-ecpa-wiretapping-claims/">Continue reading</a>.

Sixth Circuit Concurrence Questions Bankruptcy Courts’ Debt Recharacterization Power

In Insight Terminal Solutions, LLC v. Cecelia Financial Management (In re Insight Terminal Solutions, LLC), 148 F.4th 869 (6th Cir. 2025), the Sixth Circuit reversed a bankruptcy court’s exclusion of deposition testimony in a debt-versus-equity recharacterization dispute. While the majority resolved the appeal on evidentiary grounds, Judge Eric Murphy’s concurrence questioned whether bankruptcy courts have any federal authority to recharacterize loans as equity. This concurrence invites the Supreme Court to resolve an entrenched circuit split that could reshape how claims are treated in bankruptcy proceedings nationwide. <a href="https://www.thompsonhine.com/insights/sixth-circuit-concurrence-questions-bankruptcy-courts-debt-recharacterization-power/">Explore further</a>.

Proposed DOL Rule Clarifies Joint Employer Liability Under FLSA, FMLA and MWPA

The U.S. Department of Labor (DOL) recently proposed a rule clarifying when multiple employers may be jointly liable under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MWPA). The rule provides a clear, workable framework for determining joint employer status.

The DOL last issued guidance on this topic nearly five years ago, and the proposed rule is a welcome update for employers struggling to comply with conflicting joint employer standards applied by federal appellate courts. <a href="https://www.thompsonhine.com/insights/proposed-dol-rule-clarifies-joint-employer-liability-under-flsa-fmla-and-mwpa/">Keep reading</a>.

GHG Endangerment Finding Repeal Brings New Legal Risks

Thompson Hine partner <a href="https://www.thompsonhine.com/professionals/tanya-c-nesbitt/">Tanya Nesbitt</a> wrote an article, “GHG Endangerment Finding Repeal Brings New Legal Risks,” which was recently published in Law360. In the piece, Tanya examines the sweeping regulatory and legal implications following the repeal of the EPA’s greenhouse gas endangerment finding. She explores how this shift may reshape compliance obligations, increase litigation exposure, and create a complex patchwork of state-level regulations—impacting industries from transportation and energy to insurance and clean technology. Read the full article to understand what this evolving landscape means for businesses and how to prepare for what’s ahead. Click <a href="https://admin.thompsonhine.com/wp-content/uploads/2026/04/Law360-GHG-Endangerment-Finding-Repeal-Brings-New-Legal-Risks-002.pdf">here</a> to view the article.

A Surprising Reason Self-Funded Health Plan Costs Are Increasing

<a href="https://www.thompsonhine.com/professionals/shira-mckinlay/">Shira McKinlay</a>, <a href="https://www.thompsonhine.com/professionals/dominic-dematties/">Dominic DeMatties</a>, and <a href="https://www.thompsonhine.com/professionals/beth-a-mandel/">Beth Mandel</a> from our <a href="https://www.thompsonhine.com/services/employee-benefits-executive-compensation/">Employee Benefits &amp; Executive Compensation</a> practice recently published an article on the Washington Legal Foundation's WLF Legal Pulse blog: "A Surprising Reason Self-Funded Health Plan Costs Are Increasing." With employer healthcare costs projected to rise sharply in 2026, self-funded health plans are facing unique pressures. In this article, Shira, Dominic, and Beth examine a lesser-known driver behind escalating plan costs and offer practical insights for employers and plan sponsors navigating this challenging benefits landscape. <a href="https://www.thompsonhine.com/insights/a-surprising-reason-self-funded-health-plan-costs-are-increasing/">Learn more</a>.

United States v. Heppner: Use of Generative AI Can Waive Privileges

Thompson Hine partner <a href="https://www.thompsonhine.com/professionals/brittain-shaw/">Brittain Shaw's</a>&nbsp;legal opinion letter, with contributions from <a href="https://www.thompsonhine.com/professionals/brian-lanciault/">Brian Lanciault</a> and <a href="https://www.thompsonhine.com/professionals/ben-sandlin/">Ben Sandlin</a>,&nbsp;has been published by the Washington Legal Foundation. The letter examines the critical intersection of generative AI and legal privilege, offering timely insights on how the use of AI tools may impact privilege protections in litigation. As courts continue to grapple with emerging technology in legal practice, this publication provides valuable guidance for practitioners navigating these evolving issues. <a href="https://www.thompsonhine.com/insights/united-states-v-heppner-use-of-generative-ai-can-waive-privileges/">Explore further</a>.

CBP Provides CIT Latest Updates on IEEPA Tariff Refunds

On April 14, 2026, U.S. Court of International Trade Senior Judge Richard Eaton held a closed conference in the new lead case, Euro-Notions Florida, Inc. v. U.S. Customs and Border Protection, et al., addressing refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”).&nbsp; At the conclusion of the conference, the Judge issued an <a href="https://storage.courtlistener.com/recap/gov.uscourts.cit.17610/gov.uscourts.cit.17610.19.0.pdf">Order</a> confirming that Customs and Border Protection (“CBP”) “is on track” to launch Phase 1 of the Consolidated Administration and Processing of Entries (“CAPE”) portal on April 20, 2026. The order references CBP’s published instructions regarding CAPE Phase 1 (see Thompson Hine Update of <a href="https://www.thompsonhinesmartrade.com/2026/04/cbp-confirms-april-20-2026-launch-of-phase-1-of-the-ieepa-tariff-refund-process/">April 10, 2026</a>), noting that “the instructions do not limit the use of CAPE to those claimants who have commenced an action in this Court.”&nbsp; The Order also states that “Importers should be aware that, by voluntarily using CAPE, any IEEPA cash deposits will be available to offset amounts owed with respect to other duties. Customs will provide a method for identifying entries for which an adjustment has been made.” <a href="https://www.thompsonhinesmartrade.com/2026/04/cbp-provides-cit-latest-updates-on-ieepa-tariff-refunds/">Read more</a>.

Check out the latest <a href="https://urldefense.com/v3/__https:/links.thompsonhine.mkt4194.com/els/v2/*8yPcqLba0Hj/bCtjNXNQOGpvZW1VSkJMcXNETXptR2J3ZWVmWFFsWTVpM1lHbVpvc1Z1aWZZTi8xcU40amVrR2dHT2ZyUW1uY1B4SVBaSVg0Zy9aZjQ1bW4wc2EyNVZDRE52VGpCcG5iSVVQOE5IaFNFeXFnWGJDbU8wN1lBdz09S0/__;fg!!OdqygGz-7UHvSw!sv02pM6dz6k_MH6pUhTLhy3x4-mfFFnqlsAcggljTL-wV1LTVGs4obzm2mnuzzbmLLGPh0QdGwMziq1a-DJOXU-g8_Y9HA$" target="_blank" rel="noreferrer noopener">Employment Legislation Outlook</a>. 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.&nbsp;

Looking for Adhesive &amp; Sealant Training?

ASC’s <a href="https://www.ascouncil.org/certificate-program">Training Academy Certificate Program</a> 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&nbsp;editor, <a href="https://www.thompsonhine.com/professionals/devin-a-barry/">Devin A. Barry</a>, or any of the authors.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of <a href="https://urldefense.com/v3/__https:/links.thompsonhine.mkt4194.com/els/v2/rjE3Tebvq2Ca/bCtjNXNQOGpvZW1VSkJMcXNETXptR2J3ZWVmWFFsWTVpM1lHbVpvc1Z1aWZZTi8xcU40amVrR2dHT2ZyUW1uY1B4SVBaSVg0Zy9aZjQ1bW4wc2EyNVZDRE52VGpCcG5iSVVQOE5IaFNFeXFnWGJDbU8wN1lBdz09S0/__;!!OdqygGz-7UHvSw!sv02pM6dz6k_MH6pUhTLhy3x4-mfFFnqlsAcggljTL-wV1LTVGs4obzm2mnuzzbmLLGPh0QdGwMziq1a-DJOXU_QiUYrEg$" target="_blank" rel="noreferrer noopener">The Adhesive and Sealant Council</a>. 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.

Chemical Industry Regulatory Update – May 2026

Services