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Headlines that Matter for Privacy and Data Security

On January 13, the U.S. Supreme Court granted emergency relief to plaintiffs challenging OSHA’s COVID-19 Emergency Temporary Standard (ETS), and issued a stay on enforcement of the rule.

Demonstrating standing can be challenging for plaintiffs in environmental cases.

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.

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. 

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.

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.

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.

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 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.

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 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.

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.

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.