Demonstrating standing can be challenging for plaintiffs in environmental cases.

On January 14, 2022, the Secretary of Health and Human Services, renewed the declaration of the COVID-19 public health emergency (PHE) that was first declared on January 20, 2020. 

On March 1, 2022, SB 21-271 will take effect in Colorado, exposing employers to increased potential criminal penalties for violations of Colorado’s anti-non-compete statute, Colorado Revised Statute § 8-2-113.

On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA’s COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees to get vaccinated or undergo weekly testing for COVID-19.

The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to information included in their personnel record.

Electric Mobility

Around the globe, automakers, parts suppliers, and related industries are making long-term investments in electric vehicles (EV), EV batteries, charging stations, and associated technologies.

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.

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.

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.

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 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.

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.

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.

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.

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

Headlines that Matter for Companies and Executives in Regulated Industries

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.

Amid the holiday cheer this year, you may have noticed longer shipping times and more items out of stock, even as you’ve ordered more online than in the past. Businesses and consumers alike have learned over the past 21 months that the COVID-19 pandemic has led to supply chain bottlenecks.

In a notice issued yesterday in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), the National Labor Relations Board (NLRB or Board) invited parties and amici to submit briefs addressing whether the Board should reconsider its standard for determining the independent contractor status of workers.