IEEPA Refund Portal Opens on April 20: What Importers Should Know About Filing, Timing and Liquidity Options
U.S. Customs and Border Protection will roll out Phase 1 of the Consolidated Administration and Processing of Entries (CAPE) on April 20, offering importers an ACE‑based portal to request refunds of duties levied under the International Emergency Economic Powers Act (IEEPA). The initial release covers unliquidated entries and those liquidated within roughly 80 days, while more complex cases such as AD/CVD orders or long‑standing liquidations remain out of scope. Refunds for standard entries are projected to be issued 60‑90 days after a CAPE declaration is accepted, and the system explicitly bars the use of Post Summary Corrections (PSCs) to start a refund claim. A nascent secondary market for IEEPA refund claims is also taking shape, prompting participants to scrutinize claim status and transfer documentation.
Raising Capital: Private Placements
Cohen & Gresser’s second advisory highlights how private placements have eclipsed public offerings in the United States, with firms now raising larger capital sums privately and remaining private longer. Over the past decade‑plus, regulatory tweaks, streamlined accreditation processes, and the...
US Government Equity and Equity-Linked Investments in Critical Minerals
The U.S. government is now actively using equity and equity‑linked instruments to finance critical‑minerals projects, complementing traditional grants and loans. A $5 billion revolving equity fund was reauthorized in the FY 2026 NDAA, allowing the DFC to hold up to 40% ownership...
Control Issues: Delaware Holds Parties to Their Bargain in Recent Governance Decisions
Delaware courts reaffirmed their contract‑centric stance in three recent Chancery rulings that centered on control and governance of closely held entities. In Ropko et al. v. McNeill, Jr., the court rejected a manager’s unilateral removal consent, insisting on a formal...
Beyond Bossware: The Rise of ‘Wellbeing-Monitoring’ in the Workplace
Employers, especially in financial services, are deploying wellbeing‑monitoring tools that track digital activity to flag overwork. A leading global investment bank is piloting a system that compares junior bankers' self‑reported hours with computer‑generated estimates based on keystrokes, video calls and...
DOL Rewinds Independent Contractor Guidance… Again
On February 26, 2026 the U.S. Department of Labor issued a Notice of Proposed Rulemaking that would overturn the 2024 independent‑contractor rule and revert to an “economic dependence” test modeled on the 2021 framework. The proposal emphasizes two core factors—control...
Critical and Retroactive Changes Coming to NMLS Disclosures This Week
The Conference of State Bank Supervisors will roll out revised NMLS disclosure questions on April 18, 2026, affecting every individual (MU2, MU4) and linked company (MU1) and branch (MU3) record. The new questions reorder and expand civil, criminal, financial, and...
New Jersey’s Proposed Ban on Height and Weight Discrimination: What Employers Should Know
New Jersey Senate Bill S1631, passed 24‑14, would amend the NJLAD to prohibit discrimination based on height or weight in employment, housing and public accommodations. If the Assembly approves, New Jersey becomes the second state—after Michigan—to ban size‑based bias statewide....
Contract Principles for Business Litigation: The Importance of Specificity
The article stresses that precise contract language is essential to allocate risk and avoid costly litigation. It revisits the classic 1864 Raffles v. Wichelhaus case, where a latent ambiguity over the ship name “Peerless” rendered the contract void. Modern courts...
Biotech Insights - Spring 2026
The FDA’s post‑approval change framework now spotlights GLP‑1 products, exemplified by Wegovy’s tablet approval, and mandates reporting based on the change’s impact—major and moderate changes require supplemental NDAs, while minor changes go in the annual report. In parallel, the Federal...
The Importance of Clearing Title for Public Acquisitions
Public agencies often focus on negotiating purchase price while neglecting title issues, leading to costly surprises. Riverside Unified School District discovered a 19‑year cell‑tower lease after buying land for a new elementary school and agreed to pay nearly $1 million to...
Arbitration in the Fifth – March 2026
In March 2026 the Fifth Circuit and several Texas and Louisiana district courts issued a series of rulings that reinforced the enforceability of arbitration agreements, even when embedded in clickwrap contracts or mandatory training modules. The Fifth Circuit in Quintas...
NLRB Maintains McLaren Severance Agreement Standard for Now, But Board Nomination Signals Potential Shift
On April 7, 2026 the National Labor Relations Board upheld the 2023 McLaren standard in the Prime Communications case, confirming that overly broad severance‑agreement confidentiality or non‑disparagement clauses can violate the NLRA. The Board could not overturn the precedent because it lacked...
Criteria to Consider When Assessing Borrowing Base Credit for Participation Interests
The April 2026 legal update outlines criteria warehouse lenders should apply when granting borrowing‑base credit for participation interests. It highlights that participations introduce legal uncertainty—recharacterization risk, insolvency exposure of the lender of record, limited transferability, and reduced liquidity—prompting tighter haircuts and...
New York Bars Employers From Considering Consumer Credit History in Employment Decisions
Effective April 18, 2026, New York State will prohibit employers from requesting or using consumer credit history in hiring, compensation, promotion, or retention decisions, mirroring New York City’s 2015 ban. The amendment to the State Fair Credit Reporting Act applies...
New York’s FAIR Act Update: Governor Hochul Signs Chapter Amendment SB 8811 Refining the New UDAP/UDAAP Framework
On March 27, 2026 Governor Kathy Hochul signed SB 8811, amending New York’s FAIR Act. The amendment repeals the standalone purpose‑and‑intent clause, refines the “substantial injury” prong by anchoring it to the FTC Act definition, and extends the Attorney General’s pre‑suit notice...
FINRA Investor Education Foundation Examines Effects of Social Media “Finfluencers”
FINRA’s Investor Education Foundation released a brief on April 2, 2026 analyzing retail investors who follow social‑media “finfluencers.” The study shows these followers are typically younger, male, hold smaller portfolios and include a higher share of racial minorities. While they report stronger...
Establishing a Business Entity in Australia (Updated)
International Lawyers Network released an updated guide on April 14, 2026 for establishing a business entity in Australia. The piece explains the country’s three‑tier regulatory framework—federal, state/territory, and local—showing how legislative authority can overlap. It cautions investors that statutes differ across jurisdictions...
What You Should Know About CCPA Compliance After the California Attorney General’s 2024 Investigative Sweep
The California Attorney General’s 2024 investigative sweep spotlighted widespread failures in CCPA opt‑out compliance, especially among streaming and ad‑tech firms. The audit revealed deceptive, dysfunctional, inadequate, and fragmented opt‑out mechanisms that left consumers’ data exposed across devices and platforms. Companies...
AB 1940: California Moves to Expressly Protect Employees Experiencing Menopause Under FEHA
California Assembly Bill 1940, introduced in February 2026, seeks to explicitly add perimenopause, menopause and postmenopause to the definition of “sex” under the state Fair Employment and Housing Act. The bill would require updated workplace discrimination posters and a statewide...
Navigating Complexity in US Consumer Financial Services: A Look Back at 2025
Mayer Brown’s latest thought‑leadership piece reviews the evolving landscape of U.S. consumer financial services in 2025, highlighting heightened regulatory scrutiny, rapid fintech adoption, and shifting consumer credit patterns. The authors examine how new CFPB rules, state‑level licensing reforms, and advances...
DOJ Announces First False Claims Act Settlement Under Civil Rights Fraud Initiative: IBM to Pay $17 Million to Resolve Allegations...
On April 10, 2026 the Justice Department announced its first False Claims Act settlement under the Civil Rights Fraud Initiative, with IBM agreeing to pay $17,077,043 to resolve allegations that its DEI‑related hiring and compensation practices violated anti‑discrimination rules in federal contracts....
The Commonwealth Court of Pennsylvania Narrows Who May Seek Recourse Through the Workers’ Compensation Act’s Fee Review Process
On March 16, 2026 the Pennsylvania Commonwealth Court ruled that Scomed Supply, a durable‑medical‑equipment distributor, is not a “health care provider” under the Workers’ Compensation Act and therefore lacks standing to challenge payment amounts in the fee‑review process. The decision...
Hot Flashes, New Laws: The Rise of State Menopause Protections
State-level momentum is reshaping workplace protections as Rhode Island became the first U.S. state to explicitly ban menopause discrimination and mandate reasonable accommodations. The law fills a gap left by federal statutes, which only offer indirect recourse through sex, age,...
A Cross-Country Trio of Appellate Decisions Tackles Novel LLC Disputes
Three recent appellate decisions illuminate how courts resolve novel LLC disputes across state lines. The Montana Supreme Court affirmed that an operating agreement can contain parallel amendment mechanisms—one requiring a super‑majority vote and another allowing unanimous written consent—thereby rejecting a...
School Districts Can Be Vicariously Liable When Students Are Sexually Abused by Their Employees
On March 11, 2026 the New Jersey Supreme Court ruled in *Hornor* and *Simpkins* that school districts can be held vicariously liable for sexual abuse by employees, even when the conduct occurs outside the scope of employment. The decision interprets the 2019 amendment...
Second Circuit Affirms Dismissal of Securities Claims Arising From Reverse Split of Exchange-Traded Notes
The Second Circuit affirmed the dismissal of a securities class action challenging Barclays’ 4‑for‑1 reverse split of exchange‑traded notes. The court ruled the split did not constitute a “sale” under Section 12 because it did not materially alter the nature of...
When Funding Pauses: A Drawstop Playbook, April 2026 - Turning Off the Taps: Drawstops in Fund Finance
Drawstops are contractual clauses that let lenders halt new advances when specified events occur, serving as a middle‑ground between full acceleration and unrestricted funding. In fund‑finance deals they are most contested in revolving subscription lines and NAV facilities, where lenders...
CDFI Fund Update: FY 2027 Budget Renews Pressure, but CDFIs Should Stay the Course
The Trump administration’s FY 2027 budget request seeks to eliminate the Community Development Financial Institution (CDFI) Fund’s core financial and technical assistance programs, redirecting most of the remaining $119.5 million to a new Rural Community Development Fund. More pressing, however, is the...
The 99 Year Dilution Dilemma: What’s the Harm if No Confusion?
The article traces U.S. trademark dilution law from Frank Schechter’s 1927 theory through the 1995 Federal Trademark Dilution Act (FTDA), the Supreme Court’s *Moseley* decision, and the 2006 Trademark Dilution Revision Act (TDRA) that introduced a "likelihood of dilution" standard...
SEC Announces 2026 Inflation Adjustment to Qualified Client Thresholds
The SEC announced a March 27, 2026 notice to raise the qualified‑client thresholds under Rule 205‑3, increasing the assets‑under‑management test from $1.1 million to $1.4 million and the net‑worth test from $2.2 million to $2.7 million. A formal order is expected around May 1, 2026, with...
Supreme Court Puts Brakes on Interstate Sovereign Immunity for State-Created Corporations
The U.S. Supreme Court ruled in Galette v. New Jersey Transit Corp. that NJ Transit is a separate corporate entity and cannot claim New Jersey's interstate sovereign immunity. The unanimous opinion, written by Justice Sotomayor, applied an objective arm‑of‑the‑state test,...
Consumer Protection Roundup
The Consumer Financial Protection Bureau (CFPB) has proposed slashing its workforce to 556 staff, down from 1,100, after a year of funding uncertainty. The agency’s budget constraints stem from the One Big Beautiful Bill, leaving a regulatory gap in financial...
FDIC and OCC Finalize Rule Removing Reputation Risk From Most Supervisory Actions
On April 7, 2026, the FDIC and OCC issued a final rule barring regulators from using reputation risk as the sole basis for supervisory or enforcement actions. The rule requires examiners to rely on quantifiable risks—credit, liquidity, legal, or operational—when assessing...
BoE and PRA Response On AI In Financial Services
The Bank of England and the Prudential Regulation Authority issued a joint letter to the Chancellor outlining a new supervisory framework for artificial intelligence in the UK financial sector. AI will be embedded as a 2026 supervisory priority, with heightened...
DOW’s Economic Defense Unit: Top Points for Defense and Defensetech Companies
The U.S. Department of War has launched the Economic Defense Unit (EDU) to channel roughly $200 billion into defense and dual‑use technology firms over the next three years. The EDU will issue a mix of grants, loans, equity investments and purchase...
First Circuit Confirms Mootness Limits Post‑Janus Union Dues Litigation
The First Circuit dismissed the First Amendment appeal in Ramos‑Ramos v. Jordán‑Conde, holding the case moot after the University of Puerto Rico stopped post‑resignation union dues, reimbursed employees, and revised its policies. The court emphasized that federal courts cannot issue...
UK FCA Confirms An Increase To FOS Award Limits
The UK Financial Conduct Authority has approved higher compensation caps for the Financial Ombudsman Service for 2026/27, tying the increase to CPI inflation. Effective 1 April, the maximum award for complaints arising on or after 1 April 2019 rises to £455,000 (about $578,000),...
Six Questions Federal Contractors Are Asking About the New DEI Executive Order
Executive Order 14398, issued to curb race‑based DEI practices among federal contractors, mandates a specific contract clause by April 25, 2026 that requires reporting, flow‑down to subcontractors, and subjects violators to False Claims Act liability. The order narrows the focus to race...
Consumer Finance Monitor Podcast Draws Coverage From “Inside the CFPB”: A First for Our Platform
The Consumer Finance Monitor podcast earned its first dedicated coverage from the industry publication Inside the CFPB, highlighting an April 2 episode on buy‑now‑pay‑later (BNPL) regulation. The article quoted Max Dubin of the New York State Department of Financial Services,...
On Final Approach: How the NC Supreme Court Case Can Ground Long-Tail Aviation Liability
The North Carolina Supreme Court in Warren v. Cielo Ventures upheld a one‑year contractual limitations period, rejecting the idea that statutory UDTPA claims automatically override contract terms. The decision rests on freedom‑of‑contract principles and prior case law, stating that parties...
No Charge, No Case: Employee’s Discovery Stonewalling Dooms Title VII Claim
A Texas federal court granted summary judgment to L3Harris in *Farlow v. L3 Communications* because the plaintiff refused to produce his EEOC charge during discovery. The court held that while the charge satisfied the exhaustion requirement at the pleading stage,...
![[Video] Daily Compliance News: April 8, 2026, The Fleeing Binance Edition](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://jdsupra-static.s3.amazonaws.com/profile-images/og.2237_4849.jpg)
[Video] Daily Compliance News: April 8, 2026, The Fleeing Binance Edition
Bloomberg reports a rapid exodus of compliance professionals from Binance, with more than 30 officers resigning in a matter of weeks. The departures are linked to heightened regulatory pressure and internal concerns over the firm’s anti‑money‑laundering (AML) framework. Binance’s leadership...
Florida Appeals Court Rejects Rules Protecting Physician Dispensing in Workers’ Compensation Cases
The Florida First District Court of Appeal struck down two Department of Financial Services rules that had extended the workers’ compensation “absolute choice” provision to physicians and other dispensing practitioners. The ruling means insurers can now require injured workers to...
IEEPA Tariff Refunds: Who Really Owns the Money?
The Supreme Court’s *Learning Resources* decision nullified IEEPA tariffs, revealing that Customs and Border Protection collected roughly $166 billion to $182 billion in now‑invalid duties. More than 2,000 refund cases have been filed in the Court of International Trade and assigned to...
AI as Star Witness: How a Buyer’s AI Conversations Sank Its Earnout Avoidance Strategy
The Delaware Court of Chancery ruled that Krafton’s termination of Unknown Worlds’ key executives and seizure of studio control violated the Equity Purchase Agreement, reinstating the CEO and extending the earnout period by 258 days. The buyer’s strategy, guided by...
Lit & Legit Business Briefs: Do Your Homework on Cannabis Properties
New Jersey’s cannabis licensing now hinges on securing both a municipal Resolution of Support and a zoning determination letter, adding a layer of local approval beyond state requirements. Landlords are not obligated to lease to cannabis operators, and many properties...
USTR Section 301 Forced Labor Investigations: Tariff Risk, UFLPA Overlap, and What Companies Should Do Now
The U.S. Trade Representative has launched Section 301(b) investigations into forced‑labor enforcement gaps in 60 major trading partners, expanding risk from product‑level actions to potential country‑wide tariffs. The probe runs alongside existing UFLPA and CBP measures, creating layered compliance and cost...
(Re-)Planting the Flag: DOJ’s National Security Division Reaffirms Primacy in Corporate National Security Enforcement
On March 30, 2026 the DOJ’s National Security Division (NSD) issued guidance reaffirming its lead role in corporate enforcement of national‑security laws under the newly adopted department‑wide Corporate Enforcement Policy (CEP). The CEP replaces NSD’s component‑specific policy and standardizes voluntary...
New Reports Shine Light on Increased Use of TIF Districts
Two new reports spotlight the rapid expansion of tax increment financing (TIF) districts in Illinois, revealing 1,488 active districts statewide and a 1,034% jump in TIF‑generated property‑tax revenue to over $1.8 billion in 2024. Cook County alone accounts for roughly 400...