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John Mizerak

Jack Mizerak is special counsel in the firm’s Washington DC office, focusing on product safety, transportation, and environmental matters. He has experience with investigations, litigation, and regulatory issues under the Clean Air Act, the Motor Vehicle Safety Act, the Consumer Product Safety Act, the Administrative Procedure Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and other environmental and consumer protection standards.

Jack has expertise in governmental enforcement, including fact development, government engagement, and adoption of compliance reforms to address underlying issues and prevent recurrence of violations. He was an integral part of a Covington team that resolved one of the ten largest enforcement matters in the history of the Environmental Protection Agency.

Jack works extensively with clients in the automotive sector, advising original equipment manufacturers, traditional Tier 1, Tier 2, and Tier 3 suppliers, advanced technology and software suppliers, trade associations, and fleet owners on a range of policy, regulatory, compliance, and enforcement issues, spanning both the consumer and freight sectors. He has represented clients facing some of the largest automotive recalls in U.S. history, affecting as much as 15% of vehicles registered in the United States. Jack also regularly advises clients on emerging technologies in the automotive industry, including connected and autonomous vehicles and zero-emission powertrains.

Jack also represents clients in the growing micromobility and low-speed vehicle sectors. He represents manufacturers and fleet operators of personal transportation vehicles, e-bikes, and scooters.

Jack regularly represents clients in the consumer product space more broadly, including manufacturers online platforms. His work spans the entire product lifecycle, from standard setting for product categories, risk assessments during product development, and litigation and investigations stemming from issues after products have been introduced into commerce.

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This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2025 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and cryptocurrencies and blockchain. 

I. Artificial Intelligence

A. Federal Legislative Developments

In the first quarter, members of Congress introduced several AI bills addressing national security, including bills that would encourage the use of AI for border security and drug enforcement purposes.  Other AI legislative proposes focused on workforce skills, international investment in critical industries, U.S. AI supply chain resilience, and AI-enabled fraud.  Notably, members of Congress from both parties advanced legislation to regulate AI deepfakes and codify the National AI Research Resource, as discussed below.

  • CREATE AI Act:  In March, Reps. Jay Obernolte (R-CA) and Don Beyer (D-VA) re-introduced the Creating Resources for Every American To Experiment with Artificial Intelligence (“CREATE AI”) Act (H.R. 2385), following its introduction and near passage in the Senate last year.  The CREATE AI Act would codify the National AI Research Resource (“NAIRR”), with the goal of advancing AI development and innovation by offering AI computational resources, common datasets and repositories, educational tools and services, and AI testbeds to individuals, private entities, and federal agencies.  The CREATE AI Act builds on the work of the NAIRR Task Force, established by the National AI Initiative Act of 2020, which issued a final report in January 2023 recommending the establishment of NAIRR.
Continue Reading U.S. Tech Legislative & Regulatory Update – First Quarter 2025

Poison prevention has been one of several top priorities of the U.S. Consumer Product Safety Commission (“CPSC”) during the COVID-19 pandemic. President Trump’s recent speculation about the ingestion of disinfectants as a potential COVID-19 treatment prompted the agency to tweet an urgent safety warning the following day, and product manufacturers have issued similar warning statements about proper use of household cleaning products.

Even before this “ingestion incident,” the CPSC had focused on poison prevention as a top COVID-19 product safety priority. Under the Poison Prevention Packaging Act, originally passed by Congress in 1952 (then the “Poisons Act”) and exclusively enforced by the CPSC, manufacturers are required to test, certify conformance with, and market household cleaning products containing toxic chemicals, as well as prescription drugs and certain over-the-counter drugs (such as aspirin), in special child-resistant packaging.

The U.S. Environmental Protection Agency enforces similar packaging requirements for certain EPA-registered disinfectant products, such as products that exceed specified toxicity levels, under the Federal Insecticide, Fungicide, and Rodenticide Act. Under the Federal Hazardous Substances Act (“FHSA”), enforced by the CPSC, products containing toxic substances must contain precautionary warning statements, such as “Danger” and “Harmful if Swallowed.”

Products that are not compliant with special packaging and labeling requirements are considered misbranded under the Food, Drug, and Cosmetic Act or the FHSA and can trigger mandatory hazard reporting to the CPSC, as well as corrective action such as recalls. Failure to report or late reporting of hazardous or noncompliant products also can trigger government investigations, enforcement actions, and civil or criminal penalties under the Consumer Product Safety Act.

COVID-19 has required the consumer product industry to confront an array of challenges, as businesses seek to protect the health of their employees and consumers, while navigating major supply-chain disruptions, testing lab closures, and unanticipated changes in production and consumer demand for products. Consumer product manufacturers, importers, and retailers should remain vigilant about product safety compliance during this extraordinary time.

Summarized below are the top five points for consumer product companies to keep in mind during the COVID-19 pandemic:Continue Reading Consumer Product Safety Compliance During the COVID-19 Pandemic