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DOD Finalizes CMMC Rules, Adding Cybersecurity and False Claims Act Compliance Risks

The US Department of Defense has issued its final rule implementing the Cybersecurity Maturity Model Certification program, effective November 10, 2025. The rule establishes new cybersecurity requirements for federal...more

Avoiding Work Without Pay: Contractors’ Guide to Recovering Expenses Due to Shutdown

As we enter the second week of the US government’s 2025 shutdown, many government contractors have begun considering how additional expenses they are incurring could be recoverable from the government. Government shutdowns...more

The Office of the US Trade Representative Requests Public Comments on USMCA

The Office of the US Trade Representative is accepting public comments on the United States-Mexico-Canada Agreement (USMCA) prior to the joint review scheduled for July 1, 2026. The renegotiation or termination of USMCA may...more

Invalidation of Solar Tariff Moratorium Stayed Pending Appeal

A recent US Court of International Trade ruling—now on appeal to the Federal Circuit—threatens to impose retroactive duties on importers of solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam that were...more

BIS Adopts ‘50% Rule’: Key Takeaways for Trade Compliance

The Affiliates Rule automatically extends the US Department of Commerce’s Entity List and Military End-User (MEU) List to entities owned 50% or more by entities on either list. On September 29, 2025, the US Department of...more

US Department of Justice Establishes Trade Fraud Task Force to Counter Tariff Evasion

In late August 2025, the US Department of Justice announced the formation of a cross-agency Trade Fraud Task Force that will specialize in tariff-related investigations. DOJ positioned the new task force as an extension of...more

Tariff-Related Commercial Litigation: What Businesses Need to Know About Force Majeure Clauses & Common Law Defenses

Faced with ongoing tariff uncertainty, companies in the United States and abroad are grappling with the consequences of existing or forthcoming trade duties for their businesses. Exacerbating this uncertainty, companies’...more

Trade Enforcement Developments in US Clean Energy Supply Chains

Recent actions by the US Department of Commerce (Commerce) signal growing trade enforcement momentum across critical segments of the clean energy supply chain. Through a combination of new investigations and preliminary...more

DOJ Shifts Focus of Enforcement Efforts to Tariff Evasion

As the US administration has imposed and modified tariffs on key trading partners, the US Department of Justice has turned its focus to criminally prosecuting companies and individuals for tariff evasion....more

Staying Resilient Amid Global Tariff Uncertainty

From reciprocal tariffs and retaliatory investigations to paused agreements and looming re-escalations, the global tariff landscape remains as turbulent as ever. Morgan Lewis recently hosted a three-part webinar series...more

Courts Invalidate President’s IEEPA Tariffs, But Stays Keep Duties on Imports—for Now

The US Court of International Trade and the US District Court for the District of Columbia have invalidated President Donald Trump’s actions imposing tariffs pursuant to the International Emergency Economic Powers Act of...more

State Attorneys General Challenge US President’s Tariff Authority Under IEEPA

The US president has imposed and modified tariffs on key trading partners such as China, Canada, Mexico, and the European Union over the last three months. These tariffs rely on the International Economic Emergency Powers...more

De Minimis Exception Eliminated for Imports from China

US Customs and Border Protection (CBP) has published guidance regarding the elimination of the de minimis duty exemption on Chinese-origin merchandise and the collection of duties on those once-exempt imports....more

The Impact of US Tariffs and Trade Policy on Data Centers

Tariff and trade policy in the United States is poised to affect nearly every industry, and data centers are no exception. Data centers built in the United States need to be outfitted, and much of that equipment comes from...more

Navigating Change: Innovation, Policy, and Market Shifts in the Automotive Industry

The automotive industry is undergoing a period of rapid transformation, driven by advancements in electric vehicle (EV) technology, artificial intelligence (AI), and digital connectivity amid shifting trade policies and...more

Reciprocal Tariffs Affect Most Products from Nearly All Trading Partners

On April 2, 2025, President Trump signed an executive order imposing reciprocal tariffs on most trading partners. The president declared a national emergency posed by large and persistent trade deficits, relying on his...more

Global Implications of the US Administration’s Tariff Strategy

The United States’ trade policy has undergone significant shifts under the current administration, which is emphasizing the use of tariffs as a strategic tool. Recent developments, including the imposition of new and expanded...more

Regulatory Shifts in Aerospace and Defense: What Businesses Need to Know as 2025 Takes Flight

The aerospace and defense industry is facing a rapidly shifting legal landscape in 2025, shaped by regulatory updates, enforcement trends, and geopolitical considerations. With increased scrutiny on foreign investments,...more

Addressing Tariffs and Trade in Energy Storage Projects

Two major areas of international trade that will remain causes of concern for energy storage projects are the application of tariffs and supply chain integrity. While it remains to be seen what the US administration might...more

Energy Storage Rides a Wave of Growth but Uncertainty Looms: A Global Opportunity and Regulatory Roadmap for 2025

A Global Opportunity and Regulatory Roadmap for Energy Storage in 2025 The energy storage sector maintained its upward trajectory in 2024, with estimates indicating that global energy storage installations rose by more than...more

DOJ Officials Commit to Aggressive FCA Enforcement, Signal Its Value and Direction

In remarks delivered at the Federal Bar Association’s (FBA) annual Qui Tam Section Conference, Deputy Assistant Attorney General Michael Granston reiterated the US Department of Justice’s (DOJ or the Department) commitment to...more

US Administration Tariff Expansion, Potential False Claims Act Actions, and Other Enforcement Implications

With the second Trump administration holding the reins of the executive branch, companies should brace for a renewed focus on trade enforcement. The administration has already begun to expand tariffs on a variety of items...more

Trump’s Second-Term Tariff Agenda: How Will New Tariffs Impact You?

In this third installment of our five-part trade series, we review the Trump-Vance administration’s America First Trade Policy memorandum and detail the foundational elements for imposition of tariffs to prepare importers if...more

Federal Agencies Ordered to Pause Spending of Inflation Reduction Act, Infrastructure Investment and Jobs Act Funds

President Donald Trump via an executive order titled Unleashing American Energy directed federal executive agencies to pause disbursement of funds appropriated by Biden-era energy, environmental, and infrastructure programs....more

Trump’s Second-Term Tariff Agenda: Importers’ Tools for Addressing Tariffs

In this second installment of our four-part trade series, we consider strategies importers may adopt for addressing anticipated tariffs imposed under the Trump-Vance administration. As we draw closer to President-elect Donald...more

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