Preserve Your Rights to Tariff Refunds Now in Light of the Ongoing Supreme Court Tariff Litigation

Please contact D. Michael Kaye, Jeremy W. Dutra, Keith Bradley, and Anya Bharat Ram with any questions.

On November 5, 2025, the US Supreme Court (SCOTUS) will hear the Trump administration’s appeal of lower court decisions holding the president’s imposition of the “fentanyl” and “reciprocal” tariffs under the International Emergency Economic Powers Act (IEEPA)1 unlawful.

Given the importance of the issue and that the stay of the lower court decisions has allowed the US to continue collecting IEEPA duties, we expect the court to issue its decision expeditiously, most likely before the end of 2025.

Read the full insight here.

New Podcast Series: Supply Chain Reaction – Navigating the Legal Landscape of Supply Chains

Supply Chain Reaction Podcast Poster

Our industry experts have come together for our recent podcast series, Supply Chain Reaction, to explore the latest issues facing supply chains worldwide, including risk management, new regulations, supply chain strategy and how to manage different types of contracts. Join our panel of lawyers from a variety of practices as they discuss a specific topic or case study each episode. Episodes include:

  • Manufacturing Perfect Contracts – In our debut episode, we explore the ins and outs of supply chain contracts. Our team of lawyers discusses and provides guidance on what factors go into a successful contract, what current events are affecting contracts today and key clauses to manage risk.

Continue Reading

Sharpening the Stick: Expanding the UFLPA to Fight Unfair Trade and Unethical Imports

BACKGROUND

The Uyghur Forced Labor Prevention Act (UFLPA) was enacted on December 23, 2021, and implemented on June 22, 2022. The UFLPA was designed to prevent the importation of goods mined, produced, or manufactured wholly or in part with forced labor in China. The multi-agency Forced Labor Enforcement Task Force (FLETF) monitors and develops the UFLPA and U.S. Customs and Border Protection (CBP) enforces its regulations. The UFLPA relies on a rebuttable presumption that any goods, wares, articles, or merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or produced by an entity on the Uyghur Forced Labor Prevention Act Entity List, were made with forced labor and as such, are prohibited from entering the United States. Since its implementation, CBP has examined more than 16,000 shipments, valued at almost $3.7 billion.

Continue Reading

A guide to product liability in the UAE – Do you know your obligations?

The product liability law of the United Arab Emirates is still relatively new. It was first introduced in 2006 as Federal Law No. 24/2006. This law has been superseded by a more comprehensive legal regime in 2020, the Federal Law No. 15/2020, as amended by Federal Decree-Law No. 5/2023 (“Consumer Protection Law”).[1] The existing legal framework was further developed through the Cabinet Decision No. 66/2023 (“Executive Regulation”).[2]

Continue Reading

Update: Top 10 Legal and Policy Issues for GCs in the Automotive and Transportation Industry in 2025

Please contact Kate Kim Tuma, Francesco Liberatore, Rodney E. Slater, or Daniel F. Roules with any questions.

As the automotive and transportation industry continues to evolve, legal departments are navigating complex challenges around technology, regulation and globalization. This updated list highlights 10 key legal and policy issues currently shaping the industry and expected to remain critical through the rest of 2025.

Read the full update here.

The new European Product Liability Directive – Are you prepared?

After 40 years, the European Union has finally replaced the “old” law on liability for defective products, Council Directive 85/374/EEC, by a “new” Product Liability Directive 2024/2853 (PLD). The PLD harmonizes and increases the level of protection of natural persons within the internal market and provides for a much-needed adaptation of the law to the technological advancements and new business models.

The new law will apply to products placed on the market or put into service after December 9, 2026.[1] By the same date, the Member States are required to transpose the directive into their national laws.[2] In departure from the minimum harmonization principle applicable under the old law, the Member States are not allowed to introduce provisions that are more or less stringent than those laid down in the PLD when doing so.[3]

Against this background, companies operating within the European Union are strongly recommended to proactively prepare before the PLD becomes effective. The following contribution summarizes the most significant changes to the existing legal framework and maps out practical steps to prepare the liable parties for the potentially increased liability risk under the new law.

Continue Reading

Made in the Emirates – All you need to know about the UAE’s incentives for the manufacturing sector

In a time defined by global disruptions, rising geopolitical tensions, and rapid technological change, manufacturers are increasingly challenged to reconsider where they manufacture. The traditional model of centralized, low-cost manufacturing, often anchored in Asia, is giving way to more diversified, resilient strategies.

In line with this development, the United Arab Emirates (UAE) have embarked on a comprehensive strategy to position itself as a global hub for advanced manufacturing.

Continue Reading

Supply Chain Transparency: Updates on UK and EU Provisions on Forced Labour and Modern Slavery

Connected Network of People

Please contact Hannah LamingFrancesco Liberatore and Francesca Puttock with any questions.

Forced labour and modern slavery have been the subject of renewed focus across the UK and EU in recent months. While not changing the fundamental reporting requirements under the UK Modern Slavery Act, new guidance from the UK Home Office in March 2025 offers practical advice to businesses and sets higher expectations on organisations for the contents of their modern slavery statements. In the EU, the Forced Labour Regulation (or FLR) entered into force on 13 December 2024 and will apply to EU member states from 14 December 2027. It prohibits individuals and businesses from importing into, making available in, or exporting from the EU any product made with forced labour. Details have also emerged of a settled investigation by the Italian Competition Authority highlighting the ways that issues relating to modern slavery can be subject to regulatory intervention.

Read the full insight here.

Court Of International Trade Halts Trump’s “Liberation Day” Tariffs As Administration Appeals Ruling; What Is The Court Of International Trade?

On May 28, the U.S. Court of International Trade (“CIT”) blocked President Trump’s tariffs enacted under the International Emergency Economic Powers Act (“IEEPA”).[1]  The CIT held that the IEEPA does not authorize presidential tariffs for trafficking or for worldwide/retaliatory purposes.[2]  A day later, the U.S. District Court for the District of Columbia issued a preliminary injunction staying the same tariffs on the same grounds.[3]

In response to the adverse CIT ruling, the Trump administration filed an appeal with the U.S. Court of Appeals for the Federal Circuit.  The Federal Circuit, which reviews CIT rulings on appeal, granted an immediate injunction preventing the ruling from taking effect while the case proceeds through the appellate process.  However, if the CIT’s decision is affirmed, it would eliminate the tariffs imposed on April 2, 2025 as part of the Trump administration’s “Liberation Day” trade initiative.

While the appeal is being decided, this post will explain the specialized role and jurisdiction of the CIT, which many readers may not be familiar with. 

Continue Reading

Supply Savvy Podcast Series – Episode 4: Exiting Contracts and Handling Suppliers in Distress

Exiting Contracts and Handling Suppliers in Distress

In this final episode of Supply Savvy, our podcast series with the Food and Drink Federation (FDF), partners Nicola Smith, Simon Jones and Victoria Callicott and director Ollie Ward-Jones cover strategies for exiting contracts and dealing with supplier insolvency. The hosts discuss termination clauses, risks of incorrect termination, due diligence, contingency plans and red flags for supplier distress. Practical tips and real-life examples are provided to help businesses navigate these challenging situations.

You can listen to this podcast episode on the FDF podcast website.

LexBlog