Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy
March 10, 2026 —
Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & WilmerOn February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA.
For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.”
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
Derek Flint, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Flint may be contacted at dflint@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com>
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Snell & Wilmer Phoenix Partner Jody Pokorski Named Winner of Connect CRE’s 2025 Lawyers in Real Estate Awards
January 21, 2026 —
Snell & WilmerPhoenix – Snell & Wilmer is pleased to announce that Phoenix Partner
Jody K. Pokorski has been named a winner of
Connect CRE’s
Lawyers in Real Estate Awards for the Phoenix and Southwest region. This recognition highlights commercial real estate lawyers throughout various regions of the U.S., who have significantly impacted commercial real estate through their contributions to the industry and community.
Pokorski’s practice is concentrated in real estate transactions, finance and regulatory matters, including work relating to commercial purchase and sale transactions, real estate financing, master planned communities, subdivision matters, and leasing. She advises large and small corporate clients in real estate matters throughout the United States. Pokorski represents developers, owners, lenders, and contractors and has significant experience handling real estate matters for institutes of higher learning and other educational entities.
Read the full story...Reprinted courtesy of
Snell & Wilmer
Powering Data Centers in a Moving Regulatory Landscape: Positioning Deals Before FERC’s Next Move
April 27, 2026 —
Stephen J. Humes, Alicia M. McKnight & Andrew H. Jacobs - Gravel2Gavel Construction & Real Estate Law BlogThe explosive growth of data‑center load—driven by artificial intelligence, cloud computing and the expansion of digital infrastructure across industries—has forced U.S. energy regulators into unfamiliar territory. Nowhere is this more evident than at the Federal Energy Regulatory Commission (FERC), which is actively considering how large, concentrated loads can be powered without compromising grid reliability or shifting costs to other customers.
FERC has not yet issued a standalone rulemaking on data centers. But make no mistake, the regulatory framework is quietly and deliberately being built. For developers, hyperscalers, utilities and investors, the period before FERC finalizes its next round of decisions represents the critical window to crystallize advocacy and structure transactions in ways that anticipate regulatory change.
Reprinted courtesy of
Stephen J. Humes, Pillsbury,
Alicia M. McKnight, Pillsbury and
Andrew H. Jacobs, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com
Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com
Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com
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John Palmeri and Peter Siachos Named to 2026 Lawdragon 500 Leading Lawyers in America
February 17, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani is proud to announce that Partners John Palmeri and Peter Siachos have been named to the Lawdragon 500 Leading Lawyers in America for 2026. Their inclusion reflects their extensive trial experience, national leadership roles, and sustained excellence representing clients in complex, high-stakes matters.
Now in its 21st year, the Lawdragon 500 Leading Lawyers in America guide honors attorneys who lead the profession through exceptional advocacy, dedication to clients, and influence within their firms and communities. Selected through yearlong research, peer discussion, and robust nominations, the guide recognizes lawyers who continue to shape the legal landscape at the highest levels.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
SDNY Ruling Highlights Privilege Risks in Client Use of Generative AI
March 03, 2026 —
Christopher J. Olsen, Freddy X. Muñoz & Gary M. Stein - Peckar & Abramson, P.C.Artificial intelligence is quickly becoming a go‑to tool for aggregating and summarizing large volumes of data, formulating and testing arguments, and even sketching litigation strategies. But a recent ruling from the Southern District of New York serves as a stark warning: when clients turn to generative AI for legal strategy, they may be unknowingly turning privileged information over to a third party and then creating documents that may later be discoverable in litigation. In a closely watched bench decision, Judge Rakoff ruled that AI‑generated documents created by the target of a criminal investigation using Anthropic’s Claude were not privileged despite being generated with information learned from his attorneys to support his potential legal defense and then shared with his counsel. The decision highlights the unresolved and increasingly consequential intersection of AI, privilege, and discovery.
Facts
Bradley Heppner received a grand jury subpoena and hired attorneys at Quinn Emanuel to represent him. After learning he was a target of the investigation, but before he was arrested, he created 31 documents with Claude using information from his attorneys to outline a potential defense strategy. He was later arrested on charges of securities and wire fraud, and federal agents seized his electronic devices, which contained the 31 documents that had been provided to his attorneys. Mr. Heppner argued that the documents were created to prepare his potential defense strategy in anticipation of an indictment, but he conceded that he made the decision to prepare the reports on his own, i.e., not at the direction of counsel. He nevertheless claimed the documents were protected from disclosure by the attorney-client privilege and work product doctrine; the government moved to overrule the objections.
Reprinted courtesy of
Christopher J. Olsen, Peckar & Abramson, P.C.,
Freddy X. Muñoz, Peckar & Abramson, P.C. and
Gary M. Stein, Peckar & Abramson, P.C.
Mr. Olsen may be contacted at colsen@pecklaw.com
Mr. Muñoz may be contacted at fmunoz@pecklaw.com
Mr. Stein may be contacted at gstein@pecklaw.com
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New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void
February 10, 2026 —
Mark A. Snyder, Levi W. Barrett, Patrick T. Murray & Skyler L. Santomartino - Peckar & Abramson, P.C.In 2023 New York overhauled its Prompt Payment Act. The
2023 amendments, largely aimed at restricting the amount of retainage that can be withheld on private projects, were unclear about whether parties could contract around the statute, as they can with other provisions of the statute. The State Legislature recently clarified that issue.
On December 19, 2025, New York enacted a new law, tightening the State’s Prompt Payment Act retainage laws by amending the Prompt Payment Act under General Business Law § 757. Under § 757, the new law renders void any contract provision in private construction contracts that requires retainage in excess of 5% of the total contract sum, meaning owners cannot hold more than 5% from their prime contractors and prime contractors cannot hold more than 5% from their subcontractors.
Reprinted courtesy of
Mark A. Snyder, Peckar & Abramson, P.C.,
Levi W. Barrett, Peckar & Abramson, P.C.,
Patrick T. Murray, Peckar & Abramson, P.C. and
Skyler L. Santomartino, Peckar & Abramson, P.C.
Mr. Snyder may be contacted at msnyder@pecklaw.com
Mr. Barrett may be contacted at lbarrett@pecklaw.com
Mr. Murray may be contacted at pmurray@pecklaw.com
Mr. Santomartino may be contacted at ssantomartino@pecklaw.com
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In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver
May 05, 2026 —
Garret D. Murai - California Construction Law BlogI was a T.A. for my high school history teacher, a really smart and nice guy, Mr. Reynolds. In the room at the back of the classroom which served as his office he had
the picture above. It’s called “My Wife and My Mother-in-Law” and is taken from a German postcard from 1888. Depending on how you look it, you might see fashionable young lady, or an old lady.
Cases can sometimes be like that: You see what you want to see. The next case is also like that.
In
Lorenzo v. Calex Engineering, Inc., 110 Cal.App.5th 49 (2025), the 2nd District Court of Appeals reversed a motion for summary judgment granted in favor of an owner and its contractors in a case involving the death of two minors struck by a dump truck enroute to a non-permitted off-site staging area.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
At Lake Powell, Engineering Is Outpacing Colorado River Policy
February 10, 2026 —
Bryan Gottlieb - Engineering News-RecordFence Attached to Building Covered Under Dwelling ProvisionsGRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars ListsWhy the Renovation of Federal Reserve Headquarters Costs $2.5 BillionAAA Revises Construction Industry Arbitration Rules and Mediation ProceduresAmbiguity Kills in Construction ContractingBE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural DisastersAccount for the Imposition of Material Tariffs in your Construction ContractPhillips & Jordan Awarded $176M Everglades Restoration ContractPay-if-Paid Clauses, Nasty, but EnforceableContractors Pay Heed: The Federal Circuit Clarifies Two Important Issues For Bid ProtestorsCOVID-19 Likely No Longer Covered Under Force MajeureQuick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration ActAlabama Court Determines No Coverage For Insured's Faulty WorkmanshipSecond Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake StructuresOklahoma Limits Claims for Construction CasesContractors Board May Discipline Over Workers’ Comp ReportingCounsel Investigating Coverage Can be Sued for Invasion of PrivacyInsurer Granted Summary Judgment After Insured Fails to Establish Claim is CoveredHaight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2020Two More Lawsuits Filed Over COVID-19 Business Interruption LossesBuy a House or Pay Off College? $1.2 Trillion Student Debt Heats Up in CapitalRestrictions On Out-Of-State Real Estate Brokers Being Challenged In NevadaDuty to Defend Triggered by Damage to Other Non-Defective PropertyFirst Trump Agenda Nuggets Hit ConstructionProposed Changes to Federal Lease Accounting StandardsBHA has a Nice Swing: Firm Supports CDCCF Charity at 2014 WCC SeminarCovenant of Good Faith and Fair Dealing Applied to Pass-Through AgreementsSFAA Commends Congress for Maintaining Current Bonding Protection Levels in National Defense Authorization Act (NDAA)Automating Your Home? There’s an App for ThatGRSM New York Founding Partner Mercedes Colwin Honored with 2025 Excellence in Diversity Award by PLUS FoundationAtlanta Hawks Billionaire Owner Plans $5 Billion Downtown TransformationRed Tape Is Holding Up a Greener FutureSanibel Causeway Repair: Contractors Flooded Site With Crews, ResourcesQuestions of Fact Regarding Collapse of Basement Walls Prevent Insurer's Motion for Summary JudgmentConstruction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or EngineerCourt Rules Cook County Misspent $243M in Transportation FundsFlorida Lawmakers Fail to Reach Agreement on Condominium Safety BillExtrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to DefendAlleged Damage to Personal Property Does Not Revive Coverage for Construction DefectsNew Jersey Supreme Court Hears Arguments on Coverage Gap DisputeMeritage Acquires Legendary CommunitiesGreen Construction Claims: More of the SameCoverage Found for Faulty Workmanship Damaging Other PropertyTermination for Convenience Clauses: Maybe More Than Just ConvenienceFifth Circuit Finds Duty to Defend Construction Defect CaseCalifornia Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa LawNew York Court Rejects Owner’s Bid for Additional Insured CoverageWhy Biden’s Infrastructure Plan Is a Green Jobs PlanHarlem Developers Reach Deal with Attorney GeneralCan a Contractor be Liable to Second Buyers of Homes for Construction Defects?Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water ExclusionNew Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' PoliciesProviding “Labor” Under the Miller ActHow to Cool Down Parks in Hot Cities 
