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Managing Tariff and Trade Enforcement Risk in 2026

Tariff exposure and customs enforcement have both escalated in the post-IEEPA landscape. Map your Section 301, 232, and AD/CVD exposure, structure duty drawback, FTZ, and first sale mitigation, and evaluate whether the IEEPA refund challenges are worth joining.

2026-09-28 14:30:00

Program Details

2026-09-28 14:30:00

2026-09-28 14:30:00

2h CLE Credits

2026-09-28 14:30:00

Program Details

2026-09-28 14:30:00

Program Details

2026-09-28 14:30:00

Over 1,000+ webinars

2026-09-28 14:30:00

Course Overview

The tariff bill is only half your exposure — the enforcement case is the other half.

2026-09-28 14:30:00

IEEPA is no longer the center of the tariff map. Section 301, Section 122, Section 232, and AD/CVD now carry the exposure. Executive Order 14411 and a new customs enforcement Executive Order have raised the enforcement stakes alongside them.

Misjudge country of origin, and EAPA and transshipment review follow. Miss a UFLPA Entity List addition, and CBP detains the shipment. Sit out the IEEPA refund challenges, and the class-basis efforts proceed without you. A trade fraud task force now coordinates enforcement, and artificial intelligence has entered the process.

You leave with a mitigation toolkit you can price: drawback, foreign-trade zones, bonded warehouses, first sale valuation, Section 232 U.S.-content exceptions, and onshoring agreements. You also leave with a working read on where the litigation stands. That judgment — which lever fits which importer — is not something a model returns.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Post-IEEPA Exposure Map
Identify whether Section 301, Section 122, Section 232, or AD/CVD — with its related EAPA risk — is actually driving the duty bill.
02
Core Duty Reduction Tools
Apply duty drawback, foreign-trade zones, bonded warehouses, first sale valuation, and strategic country-of-origin planning to reduce liability.
03
Regime-Specific Mitigation
Evaluate Section 232 U.S.-content exceptions, China Board of Trade HS-based action, and onshoring agreements as supply-chain restructuring options.
04
New Enforcement Posture
Adjust compliance to the new customs enforcement Executive Order, the trade fraud task force, the White House transshipment report, and the use of artificial intelligence in customs enforcement.
05
UFLPA and WRO Risk
Track UFLPA Entity List expansion, Withhold Release Order enforcement, and UFLPA litigation before a detention reaches a client shipment.
06
Trade Litigation Posture
Decide whether to pursue the IEEPA refund challenges, including class-basis efforts, and where Section 122 and Section 301 challenges now stand.

Program schedule

clock 2:30 pm - 3:30 pm EST

The Post-IEEPA Tariff Landscape and Mitigation Strategies

This session will be divided evenly between the current tariff landscape and practical tariff mitigation strategies. The first half will provide an overview of the principal sources of tariff and trade-remedy exposure in the post-IEEPA environment, including current Section 301 tariffs and investigations, Section 122 tariffs, key issues in Section 232 exposure, and AD/CVD exposure and related Enforce and Protect Act (EAPA) risk. The second half will focus on practical strategies for reducing or managing tariff liability, including duty drawback, foreign-trade zones and bonded warehouses, first sale valuation, strategic country-of-origin planning, and novel mitigation opportunities available under particular tariff regimes, including U.S.-content exceptions to Section 232 tariffs, China Board of Trade HS-based action, and onshoring agreements.

John M. FooteJohn M. Foote
clock 3:40 pm - 4:40 pm EST

Customs Enforcement and Judicial Oversight: New Enforcement Priorities and Trade Litigation

This session will be divided evenly between emerging customs enforcement priorities and judicial oversight of tariffs and trade enforcement. The first half will examine Executive Order 14411, the administration’s new Executive Order to strengthen customs enforcement, the trade fraud task force, the new White House transshipment report, the growing use of artificial intelligence in customs enforcement, and UFLPA and Withhold Release Order enforcement developments, including expansion of the UFLPA Entity List. The second half will include guidance on how to navigate this new enforcement landscape, and provide an update on trade litigation, including the IEEPA refund legal challenges and efforts to secure refunds on a class basis, challenges to Section 122 tariffs, Section 301 challenges, and UFLPA litigation.

Flynn K. MaddenFlynn K. Madden
John M. Foote

John M. Foote

Sidley Austin LLP

Flynn K. Madden

Flynn K. Madden

Sidley Austin LLP

John M. Foote

John M. Foote

Sidley Austin LLP

John M. Foote focuses his practice on U.S. international trade law and policy, counseling companies through the complex tariff and trade compliance challenges of importing goods into the United States. He helps businesses navigate high-stakes enforcement actions, design practical compliance solutions, and resolve disputes with U.S. Customs and Border Protection (CBP). Drawing on years of experience leading a customs practice, John is a trusted advisor on tariff compliance and mitigation and on the increasingly critical area of forced labor supply chain compliance.

Education & Credentials

John earned his J.D. and an M.A. from the University of Kansas, both in 2008, following his B.A. from Miami University in Oxford, Ohio, in 2002. He is admitted to practice in the District of Columbia and New York. Early in his career, he clerked for the Honorable Gregory W. Carman at the U.S. Court of International Trade.

Recognition & Leadership

A recognized authority on customs and trade enforcement, John joined Sidley as a partner in October 2025 to help expand the firm's Global Arbitration, Trade and Advocacy practice. He is a frequent commentator on trade policy developments, quoted in outlets such as Bloomberg Law and co-authoring Sidley analyses on significant developments including the U.S. Supreme Court's International Emergency Economic Powers Act tariff decision.

Professional Involvement

John is a member of the Customs and International Trade Bar Association. Alongside his client work, he maintains a strong pro bono commitment, representing Uyghur and other asylum seekers and advancing efforts to combat forced labor in global supply chains.

Experience

John has guided many clients through trade enforcement proceedings before CBP, including civil penalty proceedings, customs audits, Uyghur Forced Labor Prevention Act (UFLPA) detentions, forced labor trade enforcement, and Enforce and Protect Act (EAPA) investigations, and has represented companies in litigation before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He advises on tariff classification, valuation, country-of-origin determinations, preferential trade arrangements, tariff exclusions, duty drawback, and supply chain due diligence to reduce trade costs and minimize disruption. Representative matters include assisting numerous clients in rectifying non-compliant trade activity through voluntary self-disclosures to CBP; guiding leading consumer goods companies in building supply chain compliance frameworks free of ties to Xinjiang or forced Uyghur labor; representing a U.S. importer in a tariff classification dispute before the Court of International Trade that resulted in a voluntary reversal by CBP and a multimillion-dollar refund; and obtaining a full revocation of a Withhold Release Order to clear a company of forced labor allegations under Section 307 of the Tariff Act. He has also helped importers design "first sale" duty savings programs and partnered with a social media company to design a global public consultations process that shaped the creation of its content-moderation Oversight Board.
Flynn K. Madden

Flynn K. Madden

Sidley Austin LLP

Flynn K. Madden focuses his practice on international trade and customs law, advising companies on all aspects of U.S. customs law and the substantive matters involved in importing merchandise into the United States. Drawing on hands-on experience from inside the federal government, Flynn brings a practical, agency-informed perspective to helping importers navigate the complex regulatory landscape of cross-border trade.

Education & Credentials

Flynn earned his J.D. from Washington and Lee University School of Law in 2020 and his B.A. from the College of William & Mary in 2016. He is admitted to practice in the District of Columbia.

Recognition & Leadership

Flynn's distinctive credential is his government service: before entering private practice, he served as an Attorney-Advisor with U.S. Customs and Border Protection (CBP) headquarters in the Office of Trade, Regulations and Rulings Directorate—experience that gives him firsthand insight into how the agency approaches the issues his clients face. He is also a contributing author on Sidley's White Collar Watch blog, writing on developments such as executive action to enhance customs enforcement.

Professional Involvement

As a member of Sidley's Global Arbitration, Trade and Advocacy practice, Flynn works across customs, anti-dumping and countervailing duties and trade remedies, global policy and advocacy, international intellectual property, and ITC Section 337 matters. He contributes to the firm's thought leadership on customs enforcement and trade regulation, helping clients stay ahead of a rapidly evolving policy environment.

Experience

At CBP, Flynn worked on administrative rulings, petitions, and protests, and advised agency officials on admissibility determinations for merchandise being imported into the United States. In private practice at Sidley, he applies that experience to counsel companies on the full range of U.S. customs matters related to importation—advising on classification, admissibility, and compliance, and helping clients resolve issues before Customs and the other agencies that govern international trade.
John M. Foote

John M. Foote

Sidley Austin LLP

John M. Foote focuses his practice on U.S. international trade law and policy, counseling companies through the complex tariff and trade compliance challenges of importing goods into the United States. He helps businesses navigate high-stakes enforcement actions, design practical compliance solutions, and resolve disputes with U.S. Customs and Border Protection (CBP). Drawing on years of experience leading a customs practice, John is a trusted advisor on tariff compliance and mitigation and on the increasingly critical area of forced labor supply chain compliance.

Education & Credentials

John earned his J.D. and an M.A. from the University of Kansas, both in 2008, following his B.A. from Miami University in Oxford, Ohio, in 2002. He is admitted to practice in the District of Columbia and New York. Early in his career, he clerked for the Honorable Gregory W. Carman at the U.S. Court of International Trade.

Recognition & Leadership

A recognized authority on customs and trade enforcement, John joined Sidley as a partner in October 2025 to help expand the firm's Global Arbitration, Trade and Advocacy practice. He is a frequent commentator on trade policy developments, quoted in outlets such as Bloomberg Law and co-authoring Sidley analyses on significant developments including the U.S. Supreme Court's International Emergency Economic Powers Act tariff decision.

Professional Involvement

John is a member of the Customs and International Trade Bar Association. Alongside his client work, he maintains a strong pro bono commitment, representing Uyghur and other asylum seekers and advancing efforts to combat forced labor in global supply chains.

Experience

John has guided many clients through trade enforcement proceedings before CBP, including civil penalty proceedings, customs audits, Uyghur Forced Labor Prevention Act (UFLPA) detentions, forced labor trade enforcement, and Enforce and Protect Act (EAPA) investigations, and has represented companies in litigation before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit. He advises on tariff classification, valuation, country-of-origin determinations, preferential trade arrangements, tariff exclusions, duty drawback, and supply chain due diligence to reduce trade costs and minimize disruption. Representative matters include assisting numerous clients in rectifying non-compliant trade activity through voluntary self-disclosures to CBP; guiding leading consumer goods companies in building supply chain compliance frameworks free of ties to Xinjiang or forced Uyghur labor; representing a U.S. importer in a tariff classification dispute before the Court of International Trade that resulted in a voluntary reversal by CBP and a multimillion-dollar refund; and obtaining a full revocation of a Withhold Release Order to clear a company of forced labor allegations under Section 307 of the Tariff Act. He has also helped importers design "first sale" duty savings programs and partnered with a social media company to design a global public consultations process that shaped the creation of its content-moderation Oversight Board.
Flynn K. Madden

Flynn K. Madden

Sidley Austin LLP

Flynn K. Madden focuses his practice on international trade and customs law, advising companies on all aspects of U.S. customs law and the substantive matters involved in importing merchandise into the United States. Drawing on hands-on experience from inside the federal government, Flynn brings a practical, agency-informed perspective to helping importers navigate the complex regulatory landscape of cross-border trade.

Education & Credentials

Flynn earned his J.D. from Washington and Lee University School of Law in 2020 and his B.A. from the College of William & Mary in 2016. He is admitted to practice in the District of Columbia.

Recognition & Leadership

Flynn's distinctive credential is his government service: before entering private practice, he served as an Attorney-Advisor with U.S. Customs and Border Protection (CBP) headquarters in the Office of Trade, Regulations and Rulings Directorate—experience that gives him firsthand insight into how the agency approaches the issues his clients face. He is also a contributing author on Sidley's White Collar Watch blog, writing on developments such as executive action to enhance customs enforcement.

Professional Involvement

As a member of Sidley's Global Arbitration, Trade and Advocacy practice, Flynn works across customs, anti-dumping and countervailing duties and trade remedies, global policy and advocacy, international intellectual property, and ITC Section 337 matters. He contributes to the firm's thought leadership on customs enforcement and trade regulation, helping clients stay ahead of a rapidly evolving policy environment.

Experience

At CBP, Flynn worked on administrative rulings, petitions, and protests, and advised agency officials on admissibility determinations for merchandise being imported into the United States. In private practice at Sidley, he applies that experience to counsel companies on the full range of U.S. customs matters related to importation—advising on classification, admissibility, and compliance, and helping clients resolve issues before Customs and the other agencies that govern international trade.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

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Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

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.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs