Chemical Industry Regulatory Update

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

Date: May 11, 2021

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.

No-Poach Provision Found Unenforceable by Pennsylvania Supreme Court

Jennifer S. Roach, Matthew David Ridings, CCEPCaitlin R. Thomas

The Pennsylvania Supreme Court recently barred enforcement of a no-hire provision ancillary to a services contract between freight broker Pittsburgh Logistics and transportation company Beemac Trucking, holding the provision was invalid under state law as an unreasonable restraint of trade. (Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC et al., Case No. 31 WAP 2019). The decision from the Pennsylvania court continues a nationwide trend of enhanced antitrust scrutiny of no-poach agreements and related business arrangements. Continue reading.

Selling Through Dealers – Antitrust Guidelines for Manufacturers

Mark R. Butscha, Jr., Thomas J. Collin, Matthew David Ridings, CCEP, Jennifer S. Roach, Joshua Shapiro, Caitlin R. Thomas, Thomas F. Zych

A manufacturer selling through independent dealers must navigate an array of legal issues in selecting, managing, or removing them. Many of these, like payment terms or service responsibilities, can be addressed in the dealer contract. Others, like termination or inventory repurchase, may be subject to state regulation. Still others, like limitations on resale pricing, may be subject to antitrust laws. Vertically integrated firms selling products through factory branches have no such issues. Read more.

Survey: Considerations for Employers as More Employees Return to the Workplace

Thompson Hine

As more people have been receiving COVID-19 vaccinations, we have been receiving more client questions about how their fellow employers are handling issues related to workplace safety, teleworking, paid leave, business travel, compliance with various state and federal COVID-19 guidelines, and more. 

To help answer these questions, we are conducting a survey of our network of contacts to obtain feedback on measures that employers have implemented or are planning to implement as more of their employees return to the workplace. Please complete the survey by Friday, May 14.

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.

For more information, contact the editor, William J. Hubbard, or any of the authors.

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