Skadden’s new client alert: “The Supreme Court Ends IEEPA Tariffs, Bringing Fresh Uncertainty for Companies” examines the litigation exposure companies may face following the US Supreme Court’s decision striking down the IEEPA tariffs, which we reported on in last week’s Society Alert. In addition to outlining the current tariff landscape, the alert highlights potential claims arising from tariff refunds, including disputes with counterparties over contract allocation of tariff risks, customer and supplier claims tied to pricing adjustments, and possible consumer or business actions seeking reimbursement. The firm also reviews potential alternative statutory authorities the Trump Administration could rely on to impose future tariffs, underscoring the likelihood of continued policy and litigation uncertainty.
Skadden advises companies to closely review commercial agreements to assess tariff-related rights and obligations and to evaluate exposure to claims from both contractual and noncontractual parties as refund and repricing issues continue to unfold.