FCC Industry Analysis

Court Orders Customs to Refund IEEPA Duties to Importers

The Court of International Trade has ordered U.S. Customs and Border Protection (CBP) to refund International Emergency Economic Powers Act (IEEPA) duties to all importers. CBP must liquidate unliquidated entries and reliquidate final entries without these duties.

Supreme Court Rules IEEPA Lacks Authority for Reciprocal Tariffs

The Supreme Court ruled in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (IEEPA) does not grant the President authority to impose reciprocal tariffs. This decision impacts an estimated $175 billion in collected tariff revenues, raising questions about potential refunds.

Supreme Court Invalidates Tariffs Imposed Under IEEPA

The U.S. Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs, invalidating recent "reciprocal" tariffs and fentanyl-related country measures. The decision will reshape the tariff landscape, with the Court of International Trade and U.S. Customs and Border Protection expected to establish refund procedures for duties paid.

COINS Act Codifies Outbound Investment Security Program

The 2025 COINS Act, signed into law on December 18, 2025, codifies the Outbound Investment Security Program (OISP). While it does not immediately alter existing regulations, it mandates substantive changes to the OISP's scope, with new Treasury Department regulations due by March 2027.

Horizon Sustainability Law News Bulletin - February 2026

DLA Piper's February 2026 sustainability law bulletin covers legislative and policy developments. Key updates include California's CARB hearing on SB 253 and SB 261 regulations, discussing proposed fees, penalties, and potential exemptions for insurers.

UK ICO Guidance on Agentic AI and UK GDPR Compliance

The UK ICO has released a Tech Futures report analyzing agentic AI systems and their compliance with UK GDPR. The report emphasizes that developers and deployers of these systems must adhere to existing UK GDPR requirements, including those related to automated decision-making, data minimization, and accuracy.

Ninth Circuit Expands Personal Jurisdiction Over Foreign Tech Platforms

The Ninth Circuit expanded personal jurisdiction over foreign tech companies in data breach cases in Freeman v. 3Commas Technologies OÜ. The ruling allows foreign companies with significant digital activities and knowledge of California customers to be sued in California courts, reversing a lower court's dismissal.

EU-UK Competition Cooperation Agreement Signed

The European Commission and the UK have signed a competition cooperation agreement establishing a formal post-Brexit framework for antitrust and merger enforcement coordination. The agreement institutionalizes notification, coordination, and information-sharing mechanisms but requires ratification by both parties and is not yet in force.

Texas Court Requires US Domicile for Chapter 15 Recognition

The US Bankruptcy Court for the Southern District of Texas ruled in In re Siu-Fung Ceramics Holdings that foreign debtors must have a US domicile, place of business, or property to qualify for Chapter 15 recognition. This decision aligns with the Second Circuit and diverges from the Eleventh Circuit's precedent.

CRD VI Consequences for M&A Transactions

CRD VI introduces a new harmonized regime for M&A transactions in the banking sector across the EU, requiring prior notification and, in some cases, approval from competent authorities. While national transposition is incomplete, the M&A provisions are set to apply from January 11, 2026.