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Will Cyber War Come to a Contract Near You?

Client Alert | 1 min read | 02.01.12

Cyber war has arrived: Sec. Panetta warns of a "digital Pearl Harbor," the Stuxnet cyber missile penetrates Iran's Bushehr nuclear facility, and cyber attacks shut down power grids in other countries, as discussed in David Bodenheimer's article "Cyberwarefare in the Stuxnet Age: Can Cannonball Law Keep Pace with the Digital Battlefield?" in the ABA's SciTech Lawyer. Focusing on what cyber warfare means for the private sector, this article explains how government contractors supporting offensive or defensive cyber operations (or even just standing by) face unprecedented and potentially ruinous legal liability for cyber weapons gone awry, multi-billion-dollar class actions for assisting federal agencies in authentication efforts to track down covert cyber adversaries, and huge economic losses when private information networks must be disconnected, shut down, or disabled due to foreign cyber infections or botnets, leaving the private sector to ask who foots the bill.

Insights

Client Alert | 4 min read | 02.20.26

SCOTUS Holds IEEPA Tariffs Unlawful

On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress....