With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. 3(2021) Supreme Court Zhimin Zhong No. Among other things, the law made it harder for Floridians to cast ballots by mail and added restrictions to drop boxes, where voters can drop off completed ballots. Circular economy innovation in highly industrialised contexts may overlook the fact that for many low-income and traditional communities, minimal material footprints and re-use is a way of life. With the prolific nature of design patent application filings in China, the Hague system could soon see a radical uptick in usage. The FTCs enforcement policy statement and recent settlement order are helpful frameworks for manufacturing companies offering product or service subscription models. Signing bonuses, attendance bonuses, and other financial incentives can be an effective means to recruit and retain talent. Under the proposed rule, all companies must disclose Scope 1 emissions, which are direct GHG emissions that occur from sources owned or controlled by the company. Use of scenario analyses will require a robust description of the assumptions and parameters of such analyses. The 2022 UN Climate Conference in Egypt (COP27) will provide an opportunity to ensure the highest emitting sectors, including agriculture, are given the appropriate scrutiny and resourcing for just transition policy design and support. Will the Court revivify the non-delegation doctrine, which has not been the basis for holding a statute unconstitutional since the New Deal? Integrated approaches encompassing the climate change and business and human rights agendas can guide responsibly managed exits in the "transition out", but there will need to be much greater engagement in specific contexts to gather evidence on the effectiveness of approaches that produce positive outcomes for workers and communities. Unsustainable practices, such as burn clearing, are common. The declaration acknowledges that shifts to zero emission vehicles must happen alongside wider system transformations on issues such as public and shared transport and greater efforts to address the full value chain impacts of the sector. Will labor shortages become a catch-all defense for employers to reject disability accommodations? Disclosure of oversight and governance of climate-related risks by a companys board of directors and management. Are there local sick leave laws? as page navigation and access to secure areas. 05238, 2022 WL 1136799 (S.D.N.Y. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Similarly, the UPMC standard is likely to be overturned in favor of the prior Sandusky Mall standard, under which employers could not restrict a union from using public spaces on an employers property for union organizing activity if the employer permitted other commercial, civil, and charitable activities in that space. Another type of competitor is the one that intentionally creates a product that is very similar but strategically avoids intellectual property of the product being produced (commonly referred to as a design-around). Sign up for regular updates on IHRB news, events, blogs and publications. 5 Telehealth Legal Issues to Watch in 2022. Subscriptions are an indispensable tool for recurring-revenue business models, including among clients in the manufacturing sector offering product or service subscriptions, yet their growing popularity has been a target for regulators and litigants alike. 21 Civ. Not surprisingly, the memo and Democratic majority on the Board mark a significant change in priorities from the Trump-era NLRB to a more union- and employee-friendly stance. Importers accordinglyshould carefully review their supply chain compliancemeasures to ensure that they are compatible with these new legal requirements. The NLRB is likely to increase scrutiny of employee handbook provisions that may be construed to restrict activities protected under Section 7 of the National Labor Relations Act (NLRA). COVID-related matters are not the only key issues facing employers in the manufacturing industry in the coming year. Provided that the data collected from end users is done in a transparent, privacy-responsible manner, that data represents a commercial asset that may ultimately prove more valuable than the original business. 12Remarks of CPSC Chair Alexander Hoehn-Saric, International Consumer Product Health and Safety Organization (ICPHSO) 2022 Annual Meeting, (Feb. 16, 2022), https://www.cpsc.gov/s3fs-public/Hoehn-Saric-Speech-at-ICPHSO-CPSC-50th-anniversary.pdf?VersionId=pQbe_blvNvsJpQ3wNl047026W1x7Vgu8. 9Barnes v. Unilever United States Inc., No. On December 15, 2021, New York City releasedguidance on its private employer vaccine mandate that began on December 27. For employers and in-house lawyers, if this mandate continues to stand, it will be the employer that needs to facilitate, fund, and coordinate all aspects of the COVID-19 testing for employees. Data available through February 2022 shows that the CPSC issued 426 Notices of Violations.18 Most of these violations are Stop Sale and Correct Future or Correct Future Production.19, Notably, manufacturers and retailers in the exercise industry were the subject of increased CPSC interest and activity. The year to come will likely see increasing demands on key actors in the transport sector to more rapidly scale up transformations of mobility systems needed to achieve climate and sustainable development objectives and to do so in ways that ensure respect for the rights of all people. The exception would be for disclosures furnished on Form 6-K, as disclosures on Form 6-K are treated as furnished under the SECs foreign private issuer disclosure system. For those companies under the CPSCs purview, it is important to be proactive both in terms of continued (and, if appropriate, improved) product safety vigilance and in the creation and maintenance of a product safety program, so that responding to and reporting product safety issues occurs as quickly as possible. The same goes for the many private sector initiatives to mobilise climate finance including GFANZ but also #RacetoZero and ClimateAction100 amongst others which are not currently demonstrating integrated social risk priorities in their climate action financing. In each of these manufacturer types, managing intellectual property is an important factor for protection of products and/or manufacturing processes to produce the products. 33See Press Release (Jan. 31, 2022), https://www.cpsc.gov/Newsroom/News-Releases/2022/Core-Agrees-to-Pay-6-5-Million-Civil-Penalty-for-Failure-to-Report-Serious-In]uries-Involving-its-Exercise-Equipment#:--:text=Core%20Agrees%20to%20Pay%20%246.5,its%20Exercise%20Equipment%20%7C%20CPSC.gov. Ensuring all screening of suppliers for potential matches to OFAC, EU, and other economic sanctions lists of embargoed persons is occurring regularly, and all suppliers are screening their sub-suppliers for the same type of potential matches. Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms financials, staffing, clients, news and events. Another factor likely driving increased enforcement and filings is the recent change to Chinese patent laws, which provides for up to quintuple damages for intentional infringement, increased statutory damages from 1 million yuan to 5 million yuan (approximately $780,000 USD), and an increase in the statute of limitations from two years to three years.1 Whatever the reason, the opportunity for enforcement in China looks entirely different than it did a decade ago. Making Public Health Policy in Politically Contentious Times, The Network for Public Health Law (10/05/2022) Kerri McGowan . As the examples below illustrate, putative class action plaintiffs have been quick to challenge the manufacturers marketing claims about environmentally friendly actions, the sustainability of their products, and cruelty-free or ethical manufacturing processes. Acting Chair Lee stated that the SEC wanted more public input into its process of fashioning further guidance on disclosure in this space and solicited answers to 18 questions she believed should inform the SECs efforts to enhance the disclosure of climate-related information in the periodic reports of public companies. Mexico offers a number of advantage as a nearshoring location these are relatively known, yet they make a compelling case for the country when read together: Take Advantage of the Manufacturing Efficiencies of Several Countries at the Same Time. Disclosure of how a company identifies, assesses, and manages climate-related risks; how such risks are likely to affect its strategy, business model, and outlook; and whether such risks are likely to have a material impact on its business and consolidated financial statements over the short-, medium- or long-term. China also recently joined WIPOs Hague system for the International Registration of Industrial Designs, making it possible for an applicant to obtain design rights in China and other Hague countries using a single application. The utility model has no equivalent in the U.S. and is often overlooked by U.S. manufacturers when setting filing strategies. The assertions came in dueling "global issues" briefs that Trump and DOJ filed last week under seal to lay out their big picture arguments about how special master Raymond Dearie, a senior . Bloomberg Law 2022. Electronic Monitoring of Employees: Taking effect on May 7, 2022, this law requires New York employers to provide prior notice concerning the monitoring of employee telephone, email, or internet usage. This was in large part due to the stressful effects of the pandemic and a continued trend of remote working. High income countries have much larger material footprints per capita than low-income countries by some estimates, as much as 10 times making it critical that nationally-determined contributions (NDCs) to climate change include not only emissions generated within borders, but also the impacts of consumption. The resulting map is below: Once high-risk suppliers have been identified, you should conduct some compliance-focused due diligence on them to further probe the risk of human rights violations in your supply chain. IoT has already begun to change how we view devices in our homes; smart TVs, smart thermostats, and smart appliances are seemingly ubiquitous. Ohio Nov. 4, 2021). Businesses with a more targeted reach should also consider relevant statutory requirements in their key states. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Whether this represents an overall increase in patent filings or instead a shift from invention applications to utility model applications (e.g., as a cost-savings measure due to reduced 2020 IP budgets) is yet to be seen. Chinas efforts to strengthen patent rights may have encouraged manufacturers to engage in more enforcement in China while also fueling the filing of additional patent applications to create future enforcement opportunities. And finally, Customs now is tasked with blocking goods that are the product of forced labor, including with regard to goods from the Xinjiang region of China, which carry a rebuttable presumption that they are the product of forced labor, unless the importer of record can provide specified proof to the contrary. 1https://www.reuters.com/business/china-us-container-shipping-rates-sail-past-20000-record-2021-08-05/, 2https://www.supplychaindive.com/news/shortages-2022-outlook-supply-semiconductors-aluminum-food/617537/, 3https://www.reuters.com/world/china/shanghai-lockdown-deepens-after-new-surge-asymptomatic-cases-2022-04-05/. As loss costs have risen and competition for customers has become more intense, insurers have raised premiums, limited coverage, and even dropped policyholders. In doing so, it will be imperative for underrepresented and marginalised groups such as women, small holders, migrant workers, and indigenous peoples to be at the centre of this industrial transformation and decision making by both government and business, or else changes will understandably be met with resistance. Even if companies do not actively dual source components, it is prudent to have a contingency plan and understand what alternative sources are available if necessary, and how quickly a new supplier can be engaged, in the event of a disruption to the current supplier. To defend these operations, the Administration continues to invoke statutes passed in the wake of 9/11 and in the run-up to the Iraq war, roughly twenty years ago. The Chairs recent statements about failure to report and late reporting, combined with agency actions, signal that the CPSC will be paying increased attention to lax reporting.32 For example, in January 2022, the CPSC resolved a failure to report complaint with a civil penalty of $6.5 million.33 The CPSC generally issues at least one civil penalty a year, but it issues criminal penalties much more rarely. In response to increasing demand by the investment community over the last dozen years, the Securities and Exchange Commission (SEC) has published guidance calling for greater disclosure by public companies of the risks and costs of climate change on their businesses. In recognition of potential legal challenges to the proposed rule, the SEC has made the argument in the release of the proposed rule that (1) the proposed disclosures are an outgrowth of current investor demand; (2) many issuers, namely large accelerated filers, are fairly far along in reporting on climate-related matters and; (3) the proposed rule would eventually simplify matters for companies and investors by providing a single reporting standard, in contrast to the multiple reporting standards and non-uniform reporting under such standards. Assets will need to be closed down and in some cases are already being sold on to less responsible actors with poor track records for respecting workers, communities, and the local environment. B. How the antitrust agencies will approach M&A activity among manufacturers could be influenced by the many antitrust changes proposed (or already imposed) under the Biden Administration. Like U.S. utility applications, Chinese invention applications are typically published 18 months after filing. Focus on pricing provisions and parameters triggering pricing relief For many years, in many segments of the manufacturing industry, long-term contracts at a fixed price have been the standard practice. The demand is still out there, likely under new challenges, and your companys ability to fulfill it may need some readjustment. 12 Jan 2022. As unionized employers know, Weingarten rights are the rights of represented employees to have union representation present when requested at an investigatory interview that may lead to discipline. In 2021, more than 640,000 trademarks, copyrights, and patents were registered on Alibaba.4 While Alibaba did not release how many of these were patents, the significant usage of Alibaba across all IP warrants consideration by patent owners. Finally, manufacturers may find themselves able to protect their printing activities using trademark protection. Although there was speculation prior to the release of the proposed rule that the SEC might change the traditional definition of materiality for purposes of climate-related disclosures, the SEC did not do so. ILO Guidelines emphasise that a just transition should be guided by coherent policies to anticipate impacts on employment, ensure adequate social protection for job losses and displacement, skills development, and social dialogue. 'Session' or 'functional' cookies enable core functionality such Manufacturers should also maintain an IP program to dissuade existing employees and executives from becoming future competitors. The 2021 UN Climate Conference in Glasgow (COP26) focused global attention on the growing urgency of the climate crisis. Calls for common definitions and standards are growing. The transport sector, including passenger and freight activity, remains largely carbon-based and currently accounts for approximately 23% of total energy-related CO2 global greenhouse gas emissions. Indeed, its crucial for both in-house counsel and HR professionals to work together to better create fluid operational and business plans for employers and incorporate these impending changes in 2022. The year ahead presents a critical moment to rethink the way economies and industries operate as attention mounts on the human rights implications of the drive to obtain the commodities critical to renewable energy, green technology, and more environmentally sustainable economies. Mexico represents the lowest-cost manufacturing site within USMCA; Mexicos workforce has significant experience in heavy and complex manufacturing; Import duties are practically nonexistent, delivery lead times are hard to match by any other country in the world, time zones largely coincide with those in the U.S., and main manufacturing locations have direct flights out of the U.S.; Mexico offers a number of trade facilitation programs that have been proven to work throughout the years; Mexican-origin exports enjoy preferential tariff access to the worlds most attractive destination markets, due to the extended net of Free Trade Agreements; and. These complaints allege that no reasonable consumer would expect to find any benzene, a known carcinogen and reproductive toxin, at levels above the limits set by FDA in consumer products. Provisions allowing a supplier to increase prices are relatively rare, with the exception of contracts for certain raw-material-intensive components. Protecting the Rights of Immigrant Children. Celebrating achievement, excellence, and innovation in the legal profession in the UK. Numerous companies have struggled with increased costs for shipping,particularly those needing to obtain components from Asia. In a striking example of the coming changes in the traditional labor space, on April 7, 2022, NLRB General Counsel Abruzzo issued GC-Memo 2204, which describes her position with respect to employers so-called captive audience meetings: mandatory meetings held by the employer in which it gives its position regarding union organizing. Over the years, the Board has changed its position on a few occasions regarding whether nonunion employees have the right to request representation during investigatory interviews. Both options are priced the same. The past 18 months have witnessed a steady increase in the filing of consumer class actions involving allegations of false or deceptive advertising related to consumer products. These include the issuance of an unusual briefing by the Departments of State, Treasury, and Homeland Security on the need for supply chain due diligence1, a special advisory from the Department of Homeland Security on supply chain due diligence and compliance best practices, and a seven-figure penalty for a company not engaging in full spectrum supply chain due diligence2. And the more popular the brand, the faster the competitors show up. Yet the exit from coal and other historic energy sources raises paradoxes and dilemmas. Regulators have sent several recent messages that the U.S. government expects companies to subject their entire supply chain to extensive due diligence, based on state-of-the-art compliance measures. (The negotiated resolution allowed Republican Rutherford B. Hayes, rather than his Democratic opponent Samuel Tilden, to assume the presidency.). Here are 10 big legal issues to watch in 2022. With no prospect of meaningful Congressional action on climate change, the Court's view of the Administration's efforts will determine whether the United States has any likelihood of meeting its commitments to reduce greenhouse gas emissions. If employees are working in a new state or locality, employers should ensurethey are up-to-date on and mindful of those state and local laws that may differ from other locations where the employer operates. Candidates should hav Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Many manufacturers have learned the hard way that the cost of not having a strong IP program is ultimately more costly than not having one. Interestingly, the CPSC has also shown that it will not tolerate ex parte communications following the issuance of a complaint. Ameya Mahadik Aug 30, 2022 Lawyers who take up non-legal jobs for more than 5 years will have to reappear for AIBE: BCI Tells Supreme Court Aug 03, 2022 Bribery Act (2010). Going into 2022, mental health and global health inequalities join this watch list. The CPSC explained that it must grapple with how to deal with these massive third-party platforms more efficiently, and how best to protect the American consumers who rely on them.37 Distributors like Amazon can expect such increased scrutiny from the CPSC to continue. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Customs has published U.S. That includes those calling out intended or unintended consequences of rapid climate action. changing your browser preferences. 2Another way to look into this is working around the overall processing done in Mexico to bring the semi-finished product to be completed in the U.S. and considered as a Made in USA product. Inclusion of certain climate-related financial statement metrics and related disclosure in a note to the companys audited financial statements, including disaggregated climate-related impacts on existing financial statement line items. The CPSC filed its complaint against Amazon on July 14, 2021 regarding various products, including childrens sleepwear products that failed to meet flammability requirements, carbon monoxide detectors that failed to detect carbon monoxide, and hair dryers without proper safety immersion protections.35 Although Amazon notified customers that the products could present a hazard and offered a refund in the form of an Amazon gift card, the CPSC alleged these actions were insufficient to remediate the hazards posed by the products and did not constitute a fully effectuated mandatory corrective action.36 This complaint marks a departure from the CPSCs custom of seeking enforcement against manufacturers; instead, here the CPSC targeted the distributor by suing the e-marketplace that sells themanufacturers items. COPYRIGHT 2022, RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY, AN EQUAL OPPORTUNITY, AFFIRMATIVE ACTION INSTITUTION. Clearly and conspicuously disclosing material terms, including the existence of the negative option offer, the offers total cost, and how to cancel the offer; Disclosing these material terms before consumers agree to the purchase; Obtaining consumers express informed consent to such offers; and. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. As a flurry of regulations and mandates descend upon the nursing home sector, such changes could create legal obstacles, and suggest yet another difficult and onerous year for providers. Individuals with disabilities were especially hit hard at home and work. In 2019, China created the IP Tribunal, focused on centralizing appeals of decisions regarding most IP disputes and serving a function somewhat analogous to the U.S. Court of Appeals for the Federal Circuit. Customer Service| While it remains to be seen what such a process might produce, for now there is guarded optimism that a fix is possible. Plaintiffs have also sued manufacturers of pet foods and cosmetic products for advertising claims about their quality and safety notwithstanding the presence of harmful ingredients. In the coming year, challenges around legal restrictions and rules involving employment will be impacted by several factors. As a result, it is important for companies that source from or operate abroad to engage in systematic reviews of their supply chains. If companies use an internal carbon price to evaluate climate risk or determine climate strategy, they would be required to disclose how such a price was determined, including the price per metric ton of carbon dioxide. May 20, 2022, which is 60 days after the SEC released the proposed rule, is in keeping with the SECs current practice of providing relatively short comment periods. 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current legal issues in 2022