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U.S. Customs and Border Protection (CBP), in response to an order issued by the Court of International Trade (CIT), proposed on March 6 an administrative process to refund tariffs imposed by President Trump.
As we previously reported, on February 20, 2026, the Supreme Court ruled that the Trump administration’s use of the International Emergency Economic Powers Act (IEEPA) was unconstitutional. As a result of that decision, the case was kicked back to the CIT to address the refund…
Continue Reading Trump Tariffs: CBP Proposes Refund Process Following Court of International Trade Order

You’ve got a brilliant business idea, but choosing the wrong legal structure could cost you thousands in taxes, expose your personal assets to creditors, or create unnecessary complications as you grow. The business structure you select isn’t just paperwork – it’s a foundational decision that affects your liability protection, tax obligations, fundraising capabilities, and long-term flexibility. In this article, I walk through the most common business structures, compare their pros and cons, and help you determine which one aligns

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Continue Reading Choosing the Right Business Structure

In a significant development for U.S. trade policy, on February 20, 2026, the Supreme Court ruled that the Trump administration’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose (1) overly broad worldwide reciprocal tariffs and (2) fentanyl/penalty/ immigration-related tariffs on China, Mexico, and Canada was unconstitutional.

As a result of that decision, the Supreme Court reaffirmed the Court of Appeals for the Federal Circuit (“CAFC”) decision, and kicked the case back to the Court of International…
Continue Reading The Supreme Court of the United States Strikes Down Trump Administration’s Use of Emergency Commerce Law to Impose Broad Tariffs

Many experts in the commercial transportation industry are bracing themselves for continued increase in cargo theft in 2026.  A recent federal case highlights the increasing sophistication of cargo thieves and high stakes.

On January 16, 2026, the Department of Justice of the Southern District of Indiana announced the arrest and sentencing of six individuals connected with an organized theft ring and responsible for a multi-million dollar cargo heist. The group responsible carried out at least 14 separate cargo thefts…
Continue Reading Combatting Cargo Theft and Organized Crime: Strategies for Trucking and Logistics Companies

On February 12, 2026, the U.S. District Court for the Eastern District of Texas (the “Court”) struck down the Federal Trade Commission’s (“FTC”) rule expanding the scope of the Hart-Scott-Rodino (“HSR”) Act Premerger Notification Form. See Chamber of Com. of the U.S. v. Fed. Trade Comm’n, No. 6:25-CV-9-JDK, 2026 WL 402498 (E.D. Tex. Feb. 12, 2026). The Court deemed the new rule “arbitrary and capricious” under the Administrative Procedure Act (“APA”) and ruled the FTC failed to show that…
Continue Reading Texas District Court Strikes Down Updated HSR Act

On January 30, 2026, the U.S. Department of Labor (“DOL”) proposed a regulation under the Employee Retirement Income Security Act (“ERISA”) that would require pharmacy benefit managers (“PBMs”) to make detailed disclosures to fiduciaries of employer-sponsored self-insured group health plans. The proposed regulation implements President Trump’s Executive Order 14273, Lowering Drug Prices by Once Again Putting Americans First, which directs the DOL to improve employer health plan transparency into the direct and indirect compensation received by PBMs. Specifically, the…
Continue Reading DOL Proposed Rule Would Impose Transparency Requirements on PBMs Providing Services to Self-Insured Health Plans

Over the past year, escalating protective tariffs have prompted many domestic and foreign medical device manufacturers to reach out for assistance with duty-free entry of their products into the U.S.

In many cases, relief is available under the little-known international agreement, the Nairobi Protocol, formally known as the Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials.
How the Nairobi Protocol Provides Duty-Free Entry
The U.S. implements the Nairobi Protocol through special provision of the

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Continue Reading How to Qualify Medical Devices for Duty-Free Import Into the U.S.

Companies planning mergers, acquisitions, or other significant transactions in 2026 should be mindful of upcoming changes to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), which will take effect on February 17, 2026.

These annual adjustments update the jurisdictional thresholds and filing fees that determine when transaction parties must submit premerger notifications to federal antitrust regulators.

The HSR Act was enacted to give the Federal Trade Commission (the “FTC”) and the Department of Justice (the “DOJ”) an

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Continue Reading HSR Act Changes Effective February 17, 2026: What Dealmakers Need to Know

Trudging up Bascom Hill is a hallmark of the UW Law student experience. All who summit Bascom with a UW Law diploma know the breathtaking climb well. This familiar climb unites generations of UW Law students: every fall, a new class of 1Ls arrives at the base of Bascom, then embarks on the same three-year climb toward graduation. Although Bascom’s first ascent – 1L year – is known to be a challenging journey for every 1L class, this year’s

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Continue Reading Bascom Hill Just Got Steeper: 2L Summer Recruiting Now Starts 1L Fall

Although Indiana adopted the Consumer Data Protection Act (CDPA) in 2023, on January 1, 2026, the CDPA rubber officially hit the road. This data privacy law regulating how businesses must handle the personal information of their Indiana customers should be at the top of your new year’s resolutions. The Indiana Attorney General’s Office has signaled that it will be actively enforcing the CDPA on behalf of Indiana residents, so it’s important for your business to review what the law

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Continue Reading New Consumer Privacy Requirements Under the Indiana Consumer Data Protection Act Are Here

In September 2025, the Ohio House of Representatives introduced House Bill 447 (HB 477), which aims to increase a plaintiff’s maximum recoverable amounts of “non-economic damages” in personal injury lawsuits.

Non-economic damages typically include claims for pain and suffering or mental anguish. These types of damages are inherently subjective, hard to measure, and typically decided by a jury. If the bill is enacted, it would expand potential exposure for defendants.
Current Law and Proposed Changes
Ohio’s statutory cap currently

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Continue Reading Proposed Ohio Legislation Would Raise Limits on Non-Economic Damages

Lawyers regularly help their clients form business entities. In the modern day, the large majority of entities that are formed are formed as limited liability companies (LLCs).[1] While forming an LLC is fairly simple – one simply needs to prepare and file with the Wisconsin Department of Financial Institutions (DFI) a certificate of formation and have an operating agreement (which can be informal and oral, though preferably is in writing) – there is a subsequent step practitioners be

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Continue Reading Primer on Wisconsin Securities Laws for LLC Interests

Article
If you manage or provide health care in an Illinois jail, 2026 brings significant changes affecting your operations. These are not minor adjustments, either; they are fundamental shifts in standards, federal requirements, and legal expectations. Here is what is coming and how to prepare.

Continue Reading Is Your Jail Ready for 2026? Five Critical Health Care Compliance Changes
You Need to Know

Article
On November 19, 2025, the Ohio House of Representatives passed House Bill 105 aimed at addressing, in part, individual third-party legal financing agreements.  HB 105 proposes changes to the transparency and disclosure requirements of such legal financing arrangements.

Continue Reading Ohio House of Representatives Passes Bill to Bring Transparency to
Third-Party Litigation Funding

Article
Although blended families are common, they often encounter unique complexities after the death of a loved one. Assets may be left outright to a surviving spouse, who may then change the terms of the estate plan. Careful estate planning helps prevent disputes when emotions are high, avoids unintended disinheritance, and ensures assets are distributed according to the deceased spouse’s original wishes.

Continue Reading Estate Planning Considerations for Blended Families

The American Institute of Architects (AIA) publishes a widely used family of template-based construction contract documents, including A201, the General Conditions of the Contract for Construction. Many Wisconsin municipalities adopt these forms assuming they are balanced, neutral, and suitable for public-sector use without significant revision.

In practice, however, several provisions shift critical project risk away from contractors and toward municipal owners – particularly late in the project when system performance, commissioning, scheduling, and public expectations are most important.

Scott Smith headshot

Scott

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Continue Reading Five Terms Wisconsin Municipalities Should Revise Before Signing Construction Contracts