All Perspectives

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January 13, 2022

On January 13, Senator Doug Jones formally introduced the President’s nominees to the U.S. Senate Committee on Homeland Security and Governmental Affairs at a hearing to confirm members of the Civil Rights Cold Case Records Review Board.

In light of the impact of high tariffs on EV inputs under Section 301 and Section 232 measures and the uncertainty of future trade actions, qualification under the US-Mexico-Canada (USMCA) Agreement is more important than ever to maintain a competitive advantage in this industry.

Through Section 301, “China Tariffs,” the United States Trade Representative (USTR) imposes additional ad valorem tariffs rates between 7.5% and 25% on the majority of Chinese-origin products, including lithium-ion batteries, battery cells, and critical minerals.

Throughout 2021, the administration and Congress have made clear the support for US domestic manufacturing of the electric mobility supply chain. Their goal is to both boost economic growth and reduce US carbon emissions.

Rare-earth magnets (i.e., neodymium-iron-boron permanent magnets), widely considered the most efficient way to power EVs, are the latest commodity to be potentially subject to Section 232 tariffs, which have previously been imposed at a rate between 10 and 50% for the steel and aluminum industry.

The components and products that are used in the assembly of EVs are critical to the deployment and functionality of EVs and their global supply chain.

Under legislation signed on December 31 by Governor Kathy Hochul, (S.3762/A. 1396; L2021, ch. 828), all pharmacy benefit managers operating in New York State will be required to register with the State Department of Financial Services (DFS) by April 1, 2022, and thereafter to be licensed.

Since prescription opioids were first introduced for pain treatment in the 1990s, the number of drug overdose deaths has quadrupled, and more than a half million Americans have died from an overdose involving an opioid.

On January 5, EPA added 1-bromopropane (1-BP), which is also called n-propyl bromide, to the list of Hazardous Air Pollutants (HAP) under the federal Clean Air Act. 1-BP is used as a substitute for other HAPs in dry cleaning and other industries.

In this installment of The In-House Advisor, we interview David Morris, General Counsel of Vivid Seats (NASDAQ:SEAT). David is Vivid Seats’ first general counsel, having started at the online ticketing e-commerce marketplace Vivid Seats in June of 2021 – during the company’s SPAC merger transaction that led to Vivid Seats going public in October of 2021.

The yawning disparity between the performance of the electric car company and established automakers last year reflects the technological change roiling the industry.

January 10, 2022

Chicago Bar Association Trust Law Committee

Schiff Hardin LLP is pleased to announce that Partner Stephen Liss and Christopher Floss have been named “Go-To Thought Leaders” and recognized with the COVID Legislation Estates & Trusts Impact award by National Law Review.

Headlines that Matter for Companies and Executives in Regulated Industries

Schiff Hardin LLP advised Orbsat Corp, a global e-commerce provider of IoT and connectivity solutions through next-generation satellite technology, on its public offering.

Partner Kevin Nelson was quoted on a Federal Circuit Court ruling in GlaxoSmithKline v. Teva, which has caused concern among some generic drug manufacturers regarding their ability to sell generic drugs that leave patent-protected uses off the label.

US importers should participate in the Task Force’s comment and hearing process to flag due diligence challenges and formulate the strategy to enforce the import prohibitions.

Beginning January 1, 2022, all state licensed or certified health care facilities and providers must follow extensive rules for providing a “good faith estimate” of health care charges to uninsured and self-pay patients prior to the provision of health care services. 

As expected, on January 1, 2022, the additional Section 232 tariffs on imports of steel and aluminum from the European Union (EU) were replaced with a new Tariff Rate Quota (TRQ).  

The United States Supreme Court has granted certiorari to address the important question of whether the Federal Arbitration Act (“FAA”) requires the enforcement of an arbitration agreement that would require representative action claims.

In March 2020, the Department of Labor issued a rule billed as a measure designed to increase labor union financial transparency.

Schiff Hardin LLP advised NorthView Acquisition Group in its initial public offering of 18,975,000 units resulting in total gross proceeds of $189,750,000.

Partner Jane Montgomery was quoted on the US Supreme Court’s decision to hear arguments in a significant climate change case that could limit EPA’s ability to require systemwide emissions reductions measures for power plants, and impact federal agency authority over statutes like the Clean AE&E News

Intellectual Property Practice Group Co-Leader Imron Aly was interviewed and quoted regarding leading patent law issues published in a Bloomberg report.