IEEPA Tariff Refund Uncertainty After Supreme Court Decision: Retailers Face Disclosure and Litigation Risks, LexisNexis Practical Guidance
March 2026Partners Casey Weaver, Raechel Keay Anglin, Katelyn Hilferty, and Carl Valenstein co-authored an article for LexisNexis Practical Guidance examining the legal and business uncertainty following the US Supreme Court’s invalidation of tariffs imposed under the International Emergency Economic Powers Act.
The authors analyze the evolving and procedurally uncertain refund landscape, including conflicting guidance from the Court of International Trade and operational challenges facing US Customs and Border Protection. They also highlight emerging consumer class action risks, disclosure and securities considerations, and accounting implications for retailers, emphasizing the need for coordinated legal, financial, and communications strategies as companies assess refund recovery and related exposures.