On June 1, 2026, the Office of the U.S. Trade Representative (USTR) issued its determination that certain of Brazil’s acts, policies, and practices related to (i) digital trade and electronic payment services; (ii) unfair, preferential tariffs; (iii) anti-corruption enforcement; (iv)
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Trump Administration Appeals CIT’s IEEPA Tariff Refund Order
On June 2, 2026, the U.S. Department of Justice (“DOJ”) on behalf of the Trump administration formally appealed at the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) the order of Senior Judge Richard Eaton of the U.S.
OFAC Publishes Introductory Guide
On June 1, 2026, the Office of Foreign Assets Control (OFAC), an office of the Department of Treasury, published an “Introduction to the Office of Foreign Assets Control.” OFAC administers and enforces economic sanctions against targeted foreign jurisdictions
DOJ Signals Intent to Appeal CIT’s IEEPA Tariff Refund Injunction After CBP Commissioner Ordered to Appear
In a May 29, 2026 filing, the U.S. Department of Justice (“DOJ”) indicated it planned to appeal a U.S. Court of International Trade (“CIT”) injunction requiring U.S. Customs and Border Protection (“CBP”) to refund duties collected under the International
USTR Launches Section 301 Investigation into Vietnam’s Acts, Policies, and Practices Related to Intellectual Property
On May 29, 2026, the U.S. Trade Representative (USTR) announced that it was launching an investigation of Vietnam under Section 301 of the Trade Act of 1974. The investigation will seek to determine “whether Vietnam’s persistent failure to resolve long-standing
No Comment: SEC Nixes “Neither Admit nor Deny” Settlement Requirement
On May 18, the SEC overturned a seminal settlement policy that has stood for over 50 years: remaining silent in settlement (otherwise known as the “gag rule”).
Previously, Rule 202.5(e) adopted the SEC’s policy that a civil lawsuit or administrative
Timing Isn’t Everything: Supreme Court Gives Multiemployer Plan Actuaries Withdrawal Liability Assumption Flexibility
On May 21, 2026, the Supreme Court handed down a unanimous opinion in M & K Employee Solutions v. Trustees of the IAM National Pension Fund, and if you’re an employer who’s ever thought about walking away from an underfunded
CIT Panel Strikes Down Trump Administration’s Section 122 Tariffs
In a 2-1 decision on May 7, 2026, a three-judge U.S. Court of International Trade (“CIT”) panel struck down the Trump administration’s implementation of Section 122 tariffs (see Update of February 23, 2026).
The 10% tariff on a wide
The Evolution of Cyber Insurance Policy Forms
Cyberattacks continue to cause angst among businesses across the globe, spanning a wide variety of industries. With threats such as ransomware attacks surging globally, the state of cyber insurance remains in flux amid a hardening market. For organizations seeking coverage,
USTR Initiates Second Four-Year Review of Section 301 Tariff Actions on Imports of Certain Chinese Products
On May 6, 2026, the U.S. Trade Representative (USTR) issued a notice initiating its second statutory four-year review of Section 301 tariffs on imports of certain Chinese products initially implemented by the Trump administration in its 2018 investigation of China’s