Recent changes
Hull v. Ferrera - Real Property Ownership Dispute
The Massachusetts Appeals Court issued an opinion in Hull v. Ferrera, concerning the ownership of a portion of Beach Avenue. The court reviewed a Land Court decision regarding real property ownership and deed construction, impacting the town's claim versus private landowners.
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.
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.
CIT Orders Refunds of IEEPA Tariffs on Unliquidated Entries
The Court of International Trade (CIT) has ordered U.S. Customs and Border Protection (CBP) to refund tariffs collected under the International Emergency Economic Powers Act (IEEPA) on unliquidated and not finally liquidated entries. This ruling benefits all importers who paid these tariffs.
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.
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.
Importers Can Preserve Rights for IEEPA Tariff Refunds
Following a Supreme Court ruling that the International Emergency Economic Powers Act (IEEPA) does not authorize presidential tariffs, importers can take steps to preserve their rights for refunds of paid duties. The US Court of International Trade is expected to address remedies soon, and importers have options including post summary corrections, protests, or lawsuits.
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.
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.
ESMA Final Draft RTS on Clearing Thresholds Under EMIR 3
The European Securities and Markets Authority (ESMA) has published its final report with draft regulatory technical standards (RTS) amending the clearing threshold regime under EMIR 3. The changes shift the focus from ETD vs OTC to uncleared OTC transactions, with revised thresholds for various derivative classes.
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