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Program Details
2026-09-16 13:00:00
Over 1,000+ webinars
Course Overview
2026-09-16 13:00:00
2h CLE Credits
Intermediate
2
This session covers the procedural landscape for recovering IEEPA tariff refunds following the Supreme Court’s February 2026 ruling in Learning Resources, Inc. v. Trump, including how CBP’s CAPE system works, how liquidation status determines the correct recovery channel, and how the DOJ’s pending Federal Circuit appeal threatens refund rights for non-litigants. Attorneys will learn to map each client’s entries to the appropriate recovery mechanism — CAPE declaration, Form 19 protest, or CIT complaint — based on liquidation date and finality. Attendees will leave with a working knowledge of the four-zone deadline framework, the CAPE mechanics, and the steps required to preserve refund rights before statutory deadlines expire.
This session examines the wave of consumer and B2B litigation triggered by IEEPA tariff refunds following the Supreme Court’s decision in Learning Resources, Inc. v. Trump, focusing on the theories plaintiffs are advancing—unjust enrichment, breach of contract, UDAP violations, and money had and received—and the defenses available to companies that passed tariff costs through to customers. Attorneys will analyze how surcharge disclosure choices, contract terms, and arbitration clauses affect litigation exposure, and how to navigate B2B supply chain disputes over who holds the right to government refunds. Attendees will leave with a practical framework for auditing client communications, mapping tariff cost treatment, and building early-stage defenses against class certification and damages theories.
Sandler, Travis & Rosenberg, P.A.
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
Sandler, Travis & Rosenberg, P.A.
Luke is a Member of Sandler, Travis & Rosenberg and leads the firm’s Litigation Practice, resident in the New York office. He contributes to the firm’s representation of clients in court proceedings involving the full range of customs and trade issues.
Akin Gump Strauss Hauer & Feld LLP
Matt Nicely is a partner in Akin’s international trade practice in Washington, D.C., where he focuses on trade remedies, customs, and other trade policies affecting the importation of goods. He represents corporate and government clients in administrative and appellate litigation under the trade remedy laws — antidumping, countervailing duty, safeguards, Section 232, and Section 301 — and appears regularly before the Department of Commerce, Customs and Border Protection, the International Trade Commission, and the Office of the U.S. Trade Representative, as well as in appeals before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He leads the largest trade lawsuit in history, the pending challenge to Section 301 duties on U.S. imports from China.
Akin Gump Strauss Hauer & Feld LLP
Scott is an accomplished trial attorney with 30 years of experience litigating high-stakes cases across the country. Recognized for his strategic acumen and unwavering commitment to client success, Scott has earned a distinguished reputation for delivering favorable outcomes in state and federal courts, including the Delaware Court of Chancery. With more than 25 jury trials to his credit, Scott is described by clients to Chambers USA as “a brilliant lawyer” who is “very tenacious, very creative and very good at getting successful outcomes,” “at the top of his game,” and “great in court.” He was also recognized by The American Lawyer’s “Litigator of the Week” column for his landmark win on behalf of Southern Methodist University at the Texas Supreme Court, defeating class action claims for tuition refunds arising from the COVID-19 pandemic.
Scott brings rigorous analysis and sound judgment to every engagement. Known for his practical, business-focused approach, he partners closely with clients to craft strategies that advance their commercial objectives. His commanding presence in complex negotiations, combined with his ability to cultivate lasting client relationships, reflects a deep commitment to clear communication and results-driven advocacy. Whether shaping litigation strategy or representing clients in high-stakes disputes, Scott delivers a balanced and incisive perspective at every stage. Scott also co-hosts The Business Court Benches, a podcast series that examines developments in the Delaware Court of Chancery and the emerging Texas Business Court, among others, and their implications for corporate governance and complex litigation.
Sandler, Travis & Rosenberg, P.A.
Luke is a Member of Sandler, Travis & Rosenberg and leads the firm’s Litigation Practice, resident in the New York office. He contributes to the firm’s representation of clients in court proceedings involving the full range of customs and trade issues.
Akin Gump Strauss Hauer & Feld LLP
Matt Nicely is a partner in Akin’s international trade practice in Washington, D.C., where he focuses on trade remedies, customs, and other trade policies affecting the importation of goods. He represents corporate and government clients in administrative and appellate litigation under the trade remedy laws — antidumping, countervailing duty, safeguards, Section 232, and Section 301 — and appears regularly before the Department of Commerce, Customs and Border Protection, the International Trade Commission, and the Office of the U.S. Trade Representative, as well as in appeals before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He leads the largest trade lawsuit in history, the pending challenge to Section 301 duties on U.S. imports from China.
Akin Gump Strauss Hauer & Feld LLP
Scott is an accomplished trial attorney with 30 years of experience litigating high-stakes cases across the country. Recognized for his strategic acumen and unwavering commitment to client success, Scott has earned a distinguished reputation for delivering favorable outcomes in state and federal courts, including the Delaware Court of Chancery. With more than 25 jury trials to his credit, Scott is described by clients to Chambers USA as “a brilliant lawyer” who is “very tenacious, very creative and very good at getting successful outcomes,” “at the top of his game,” and “great in court.” He was also recognized by The American Lawyer’s “Litigator of the Week” column for his landmark win on behalf of Southern Methodist University at the Texas Supreme Court, defeating class action claims for tuition refunds arising from the COVID-19 pandemic.
Scott brings rigorous analysis and sound judgment to every engagement. Known for his practical, business-focused approach, he partners closely with clients to craft strategies that advance their commercial objectives. His commanding presence in complex negotiations, combined with his ability to cultivate lasting client relationships, reflects a deep commitment to clear communication and results-driven advocacy. Whether shaping litigation strategy or representing clients in high-stakes disputes, Scott delivers a balanced and incisive perspective at every stage. Scott also co-hosts The Business Court Benches, a podcast series that examines developments in the Delaware Court of Chancery and the emerging Texas Business Court, among others, and their implications for corporate governance and complex litigation.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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