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Foreign Governments Join the Commercial Item Party

Client Alert | less than 1 min read | 05.20.19

On May 9, 2019, the FAR Council issued a proposed rule, which would amend the “nondevelopmental item” prong of the commercial item definition to include competitive sales to “multiple foreign governments” (in addition to sales to state and local governments, which the definition already includes). Comments on the proposed rule, which implements Section 847 of the National Defense Authorization Act for Fiscal Year 2018, are due July 9, 2019.

Insights

Client Alert | 6 min read | 02.27.26

Major Questions, Major Drama

The U.S. Supreme Court’s February 20, 2026, opinion in Learning Resources. v. Trump (decided with Trump v. V.O.S. Selections), holding that the President lacks authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA), is notable for many reasons — including its practical impact on the many U.S. companies who paid steep tariffs on global imports and may now be able to recover by filing suit before the Court of International Trade (CIT). That possibility and the key reasons for the High Court’s decision are discussed in our recent alert on this momentous decision....