United States: Court Procedure

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Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read
The Seventh Circuit issued two landmark decisions in early 2026 that fundamentally reshape civil litigation practice. One establishes that strategic choices at summary judgment constitute waiver rather than forfeiture, foreclosing appellate review even when counsel changes hands. The other applies the Supreme Court's recent Hippocratic Medicine framework to organizational standing, potentially ending the diversion-of-resources theory that advocacy groups have relied upon for decades.
United States Litigation
BT
Barnes & Thornburg LLP
Article
Current State Of Play On Tariff Refunds
Following the Supreme Court's ruling that the International Emergency Economic Powers Act does not authorize presidential tariff authority, the Court of International Trade has established a clear framework for importers to recover unconstitutional IEEPA duties. Judge Gary S. Katzmann Eaton's landmark decision mandates refunds for all affected importers nationwide, while U.S. Customs and Border Protection develops a new automated claims portal called CAPE to process these refunds.
United States International
DF
Donahue Fitzgerald Attorneys
Article
Think Before You Chat: Using AI For Legal Questions May Waive Privilege And Create Discovery Risks
A federal court ruling in United States v. Heppner has established that using consumer AI chatbots to generate legal strategy documents can destroy attorney-client privilege, even if those documents are later shared with counsel. The decision highlights how third-party AI platforms' data collection practices and terms of service may eliminate the confidentiality required for privilege protection, creating significant discovery risks for individuals and organizations seeking legal guidance through artificial
United States Litigation
GT
Greenberg Traurig, LLP
Article
Tariff Refund System To Be Launched April 20, 2026
U.S. Customs and Border Protection has announced that its tariff refund system will launch on April 20, 2026, allowing importers to claim refunds for duties invalidated by the Supreme Court's ruling on emergency tariffs imposed in April 2025. The new system will operate through CBP's CAPE functionality within the ACE system, with strict requirements and limitations on which entries qualify for the initial phase of refunds.
United States International
LB
Lewis Brisbois Bisgaard & Smith LLP
Article
Federal Circuit Holds Challengers To CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test
The U.S. Court of Appeals for the Federal Circuit has issued a landmark ruling that significantly impacts how government contractors can challenge agency decisions to override automatic contract performance stays during bid protests. The decision clarifies the legal standard protesters must meet when contesting these override determinations under the Competition in Contracting Act.
United States Government
CM
Crowell & Moring LLP
Article
Poured Out: Sixth Circuit Overturns NLRB Order, Signaling Cracks In Cemex
The Sixth Circuit has delivered the first federal appellate rejection of the NLRB's Cemex bargaining order framework, arising from a Kentucky bourbon distillery union campaign where management's strategic wage increases and benefits preceded a decisive union defeat. This landmark decision characterizes Cemex as improper rulemaking disguised as adjudication, potentially reshaping how unions achieve recognition and offering employers a powerful template for challenging similar orders nationwide.
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
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