Alerts

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.

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.

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.

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.

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.

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.

Headlines that Matter for Companies and Executives in Regulated Industries

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).  

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. 

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.

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.

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.  

The US Supreme Court heard oral argument to decide a circuit split and determine what ERISA requires of ERISA-governed pension plan fiduciaries with respect to investment fees and recordkeeping. A decision is expected in the first half of 2022.

Last week, we reported on the District of Columbia’s newly-announced requirement that certain indoor facilities verify that patrons, ages 12 and over, are vaccinated against COVID-19. Here’s some additional information that you should know.

In November, with the pandemic apparently subsiding in DC, Mayor Muriel Bowser eased the City’s indoor mask mandate. On December 20, with COVID-19 cases again on the rise, Mayor Bowser declared a new state of emergency and reinstated the mask requirement.  

The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act.

On December 17, the U.S. Court of Appeals for the Sixth Circuit dissolved the stay order that prohibited enforcement of the Occupational Safety and Health Administration COVID-19 Emergency Temporary Standard (ETS).

In this installment of the Five Questions, Five Answers podcast, Birgit Matthiesen and Leah Scarpelli highlight what businesses need to know about the rising tensions between Washington and Beijing.

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA’s emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory COVID-19 vaccine or weekly testing policies for their employees.

Long-anticipated federal cannabis reform may be on the horizon. In the last month, bipartisan governors and groups from both bodies of Congress have established support for cannabis policies that would reshape federal enforcement and set the stage for further state legalization.

On December 6, 2021, New York City Mayor Bill de Blasio announced a new COVID-19 vaccine mandate for all private sector employers that employ more than one employee in New York City.

Headlines that Matter for Companies and Executives in Regulated Industries

A combination of high debt, low interest rates, and supply and labor shortages has contributed to inflation. Some of this impact is the direct result of the COVID pandemic. COVID has also caused distress in certain vulnerable sectors. It appears that inflation and COVID may be here to stay, at least