Expert Analysis

• Opinion

  CBP's $166B Tariff Refund Portal Needs 4 Safeguards

  

  Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.

• Defense Contractor Tips For Commercial Solutions Openings

  

  Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

• Artemis II Highlights Earthbound Employment Law Risks

  

  The recent Artemis II launch marks a milestone in human spaceflight and expanding commercial participation, but as companies race to the stars, their compliance practices must address the workforce needs on the ground, as extraordinary operational achievements will be evaluated under ordinary legal standards, say attorneys at Seyfarth.

• Opinion

  State Bars Need To Get Specific About AI Confidentiality

  

  Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

• What Justices' Review Of Guam Case Will Mean For Permitting

  

  In U.S. Department of the Air Force v. Prutehi Guahan, the U.S. Supreme Court will address whether a federal agency's permit application is a final decision that courts can review — a question whose answer could reshape the timing and strategy of environmental litigation across the federal permitting landscape, say attorneys at Foley Hoag.

• Calculating Damages In IEEPA Tariff Refund Litigation

  

  To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

• Opinion

  Futures Market Anonymity Now Presents A Structural Problem

  

  Following anomalous trading on prediction markets just before major recent policy announcements from the Trump administration, many have called on Congress to act, but the problem is not primarily a statutory gap — it is a structural one, built into the self-regulatory model that governs futures exchanges, says Tamara de Silva at De Silva Law Offices.

• 'Made In America' Rules Raise Stakes For Gov't Contractors

  

  The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

• Series

  Alpine Skiing Makes Me A Better Lawyer

  

  Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

• PTAB Memo Recenters Discretion On US Manufacturing

  

  Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

• Why MDLs Slow Down — And How To Speed Them Up

  

  Multidistrict litigation has become central to mass tort practice, but as MDLs grow in size and complexity, so do delays and costs — so tools like the new federal rule governing MDLs, targeted use of special masters and strategically deployed Lone Pine orders are more essential than ever, say attorneys at Ice Miller.

• What A Court Doc Audit Reveals About Erroneous Filings

  

  My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

• New DOD Framework Offers Key Guidance On PFAS Disposal

  

  The U.S. Department of Defense's recently updated guidance on disposal of materials containing per- and polyfluoroalkyl substances ends its moratorium on incineration of PFAS-containing waste, but contractors must be ready to demonstrate stringent compliance with the department's new permitting system, operational controls and data practices, say attorneys at Alston & Bird.

• Unpacking FCC's Proposed Rules For Offshore Call Centers

  

  The Federal Communications Commission recently proposed rules that would restrict the use of offshore customer service operations, citing consumer frustration, data security risks and fraud as core reasons for the sweeping regulatory move, say attorneys at Eversheds Sutherland.

• Series

  Ultramarathons Make Me A Better Lawyer

  

  Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.