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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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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.

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September Sustainability Summit for Adhesive &amp; Sealant Industry | September 23, 2024

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The industry’s 2024 Sustainability Summit, hosted by ASC in September, will deliver critical awareness, engagement and alignment with stakeholders to develop standardized methods and transparency across the adhesive and sealant value chain. The summit programming will have sessions highlighting three markets: building and construction, packaging, and transportation, each of which has unique needs and value chain.

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This industry summit is ideal for business, marketing and technical professionals responsible for setting strategic goals and metrics, leading or managing their company's sustainability program, downstream end users, academia, and those who are seeking to learn more about sustainability role within the adhesive and sealant industry. <a href="https://www.ascouncil.org/events/2024-sustainability-summit">Learn more.</a>

FTC and DOJ Launch Inquiry Regarding Serial Acquisitions and Roll-Up Strategies

<a href="https://www.thompsonhine.com/professionals/mark-r-butscha-jr/">Mark R. Butscha, Jr.</a>

On May 23, the FTC <a href="https://www.ftc.gov/news-events/news/press-releases/2024/05/ftc-doj-seek-info-serial-acquisitions-roll-strategies-across-us-economy">announced</a> a <a href="https://www.ftc.gov/system/files/ftc_gov/pdf/Serial%20Acquisition%20RFI_5.22.24.pdf">joint inquiry</a> with the DOJ concerning serial acquisitions by private equity firms. The antitrust agencies have been promising more scrutiny on private equity “roll-ups,” and so far they have focused almost exclusively on markets related to health care (e.g., physician practices). This announcement reflects a broader inquiry and specific request for information from the public, and it is difficult to tell where the agencies will take it (or where it will take them). The inquiry is not limited to any particular industry, but the press release specifically identifies “housing, defense, cybersecurity, distribution businesses, agriculture, construction, aftermarket/repair, and professional services markets.”

This inquiry is consistent with the agencies’ recent condemnations of certain private equity practices, including specific language in the <a href="https://www.ftc.gov/system/files/ftc_gov/pdf/2023_merger_guidelines_final_12.18.2023.pdf">new Merger Guidelines</a>, which states that “an anticompetitive pattern or strategy of multiple acquisitions in the same or related business lines may violate” the antitrust laws and in a <a href="https://www.ftc.gov/system/files/ftc_gov/pdf/p221202sec5enforcementpolicystatement_002.pdf">formal policy statement</a> issued by the FTC in 2022 asserting that a series of multiple acquisitions or minority investments could be unlawful if, taken together, they substantially lessen competition, even if none violated the antitrust laws individually. The agencies also have brought <a href="https://www.justice.gov/opa/pr/justice-department-s-ongoing-section-8-enforcement-prevents-more-potentially-illegal">enforcement actions for board interlocks</a> involving different individuals, both affiliated with the same private equity firm, sitting on the boards of competing portfolio companies. <a href="https://www.thompsonhine.com/insights/ftc-and-doj-launch-inquiry-regarding-serial-acquisitions-and-roll-up-strategies/">Continue reading.</a>

Minnesota Legislature Passes Consumer Privacy Law

<a href="https://www.thompsonhine.com/professionals/steven-g-stransky/">Steven G. Stransky</a>, <a href="https://www.thompsonhine.com/professionals/thomas-f-zych/">Thomas F. Zych</a>, <a href="https://www.thompsonhine.com/professionals/thora-knight/">Thora Knight, Ph.D.</a>, <a href="https://www.thompsonhine.com/professionals/marla-m-izbicky/">Marla M. Izbicky</a>

On May 19, the Minnesota Legislature passed a broad omnibus bill that contained the Minnesota Consumer Data Privacy Act (MCDPA), which furnishes Minnesota residents with several data protection rights and requires covered businesses to comply with new data privacy and information security requirements. The MCDPA, however, does not create a private right of action and delegates enforcement authority to the Minnesota attorney general. Minnesota Governor Walz is expected to sign the omnibus bill into law, and if so, the bill will enter into force on July 31, 2025, for most covered businesses. <a href="https://www.thompsonhine.com/insights/minnesota-legislature-passes-consumer-privacy-law/">Read more.</a>

L.A.W.S. Podcast – HFC Phasedown &amp; Regulation: Turning Up the Heat to Turn Down Global Warming

<a href="https://www.thompsonhine.com/professionals/joel-d-eagle/">Joel Eagle</a>, partner, and <a href="https://www.thompsonhine.com/professionals/ashley-c-kirk/">Ashley Kirk</a>, associate in Thompson Hine’s <a href="https://www.thompsonhine.com/services/environmental/">Environmental</a> practice group are joined in this episode of Environmental L.A.W.S. by guest <a href="https://gowlingwlg.com/en/people/alex-sadvari/#panel-button1">Alex Sadvari</a>, an environmental lawyer and partner in the Toronto, Canada office of Gowling WLG. Joel, Ashley, and Alex discuss the international phasedown of hydrofluorocarbons (HFCs), which are widely used in the refrigerant, propellant, and foam blowing industries, and examine the similarities and differences in the U.S. and Canadian approaches to HFC regulation. They also explore the international agreements governing HFC regulation, discuss why HFC regulation and phasedowns are important tools for combatting climate change, and provide insight into some of the challenges U.S. and Canadian entities face in complying with changing HFC regulations.

Click <a href="https://soundcloud.com/thompsonhine/environmental-laws-hfc-phasedown-regulation-62024?si=2c49f3082f8c4bccb1b56fce75fc0ef5&amp;utm_source=clipboard&amp;utm_medium=text&amp;utm_campaign=social_sharing">here</a> to listen.

Check out the latest <a href="https://www.thompsonhine.com/insights/employment-legislation-outlook-june-2024/">Employment Legislation Outlook</a>. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.

Looking for Adhesive &amp; Sealant Training?

ASC’s <a href="https://www.ascouncil.org/certificate-program">Training Academy Certificate Program</a> offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.

For more information, contact the editor, <a href="https://www.thompsonhine.com/professionals/devin-a-barry/">Devin A. Barry</a>, or any of the authors.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of <a href="https://www.ascouncil.org/">The Adhesive and Sealant Council</a>. 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.

Chemical Industry Regulatory Update – June 2024

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