Tariff Watch | Insights | Skadden, Arps, Slate, Meagher & Flom LLP

The landscape for international trade and tariffs has undergone significant change, prompting companies to recalibrate expectations and planning amid continued uncertainty. The U.S. Supreme Court’s February 2026 decision overturning tariffs imposed under the International Emergency Economic Powers Act (IEEPA) is a recent example of this dynamic and a key inflection point for the Trump administration’s trade policy.

Stay up to date on the latest developments in international trade and tariff policy, as well as U.S. litigation over tariffs, with analysis from Skadden attorneys.
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Tariff Refund Mechanism Takes Shape After Supreme Court’s IEEPA Ruling
March 24, 2026

Following the Supreme Court’s decision that IEEPA does not authorize tariffs, the U.S. Court of International Trade has ordered CBP to refund approximately $165 billion in unlawfully collected IEEPA duties, and CBP is building a new refund system called CAPE. Skadden attorneys examine what companies need to know about the refund process, including the threat of potential delays.

The Supreme Court Ends IEEPA Tariffs, Bringing Fresh Uncertainty for Companies
February 24, 2026

The Supreme Court’s tariff ruling resolved the narrow legal question of whether IEEPA confers the power to impose tariffs but created substantial uncertainty for businesses on a host of new issues — including how the tariff refund process will work, potential litigation over these refunds and which new tariffs may be unveiled in the coming months.

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On February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump that IEEPA does not authorize the president to impose tariffs.
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Turbulence Ahead: Tariff and Trade Policy Shifts Are Expected Amid Looming Supreme Court Decision
January 13, 2026

Even if the U.S. Supreme Court rules against the Trump administration on some of the tariffs it has imposed, the president will retain other legal means to carry out his trade policy. Importers can expect another year of uncertainty and, possibly, new restrictions and levies.

The UK-US ‘Economic Prosperity Deal’ and Its Impact
July 1, 2025

The UK-US trade deal is intended to reduce/remove tariffs on exports, including cars, steel, aluminum and ethanol, and to negotiate digital trade provisions related to financial services. Cross-border supply chains continue to navigate developments.

Navigating the Impact of the Trump Tariffs on Commercial Contracts
June 2025

The evolving U.S. tariff regime has had profound impacts on commercial contracts. Commercial actors are evaluating their contractual commitments to determine the best way to address the liabilities the tariffs create.

The Tariff Revolution
April 30, 2025

President Trump’s new tariff regime has upended decades of largely free trade-focused policy consensus in Washington. We look at the state of play and ways that companies can adapt to a volatile trade environment.

The EU’s Response to US Tariffs: From Tariffs to ‘Response Measures’ Under the Anti-Coercion Instrument?
March 24, 2025

The EU is fast formulating its response to new US tariffs. Unlike in 2018 and 2020, when the first Trump administration imposed tariffs, the EU now has an additional mechanism, the 2023 EU Anti-Coercion Instrument, with which to respond.

Impact of Canada, Mexico and China Tariffs on Commercial Contracts
March 4, 2025

The March 4, 2025, tariffs on goods from Canada, Mexico and China will require careful review of affected contracts and could prompt legal and contractual challenges for companies.

Trump Revives and Expands the Battle Over Digital Services Taxes
February 28, 2025

A new presidential memorandum lays the groundwork for possible tariffs to counter digital services taxes that other countries levy on U.S. digital service providers.

Now More Than Ever, Supply Chains Demand the Attention of Multinationals’ Boards
Winter 2025

New laws in the EU, U.S. and other major jurisdictions make it more critical than ever for boards to have a handle on the legal vulnerabilities of their companies’ supply chains, both upstream and down.

The Return of Steel and Aluminum Tariffs: Prelude to a Trade War?
February 18, 2025

The U.S. is set to impose additional 25% duties on steel and aluminum imports as of March 12, 2025. Past exemptions will be terminated. Many U.S. trading partners likely will respond by imposing retaliatory duties on U.S. products.

Reciprocal Tariffs: Presidential Memorandum Orders Investigations but No Immediate Action or Duties
February 17, 2025

President Trump ordered agencies to conduct investigations of nonreciprocal trade arrangements but did not immediately impose reciprocal tariffs. Agencies are to report on these arrangements and propose remedies.

Trump’s Tariffs on Canada, Mexico and China: Update and Analysis
February 6, 2025

President Trump’s unprecedented actions imposing tariffs on Canada, Mexico and China have led to international trade tensions and retaliatory measures. Tariffs on Canada and Mexico have been delayed, while those on China are in effect.

Tariffs: ‘America First’ Trade Policy Memo Calls for Months-Long Review, but Tariffs Hit Hard and Early
January 30, 2025

President Trump has imposed tariffs on Canada, Mexico and China, though subsequent deals put the Mexico tariffs on hold. More detailed trade policy proposals are expected following agency reports that are due April 1.

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