False Claims Act Insights - How Tariffs Can Increase Whistleblower Activity and Associated FCA Liability
Seven months into President Donald Trump’s second administration, a new trade paradigm is emerging that presents challenges for everyone involved in bringing products into the United States. ...more
DOJ’s ability to bring False Claims Act actions against companies for customs fraud was affirmed in a significant Ninth Circuit decision, United States ex rel. Island Industries Inc. v. Sigma Corp., No. 22‑55063, __ F.4th __...more
The Ninth Circuit Court of Appeals in Island Industries v. Sigma Corp., upheld a lower court jury determination that an importer of welded pipe fittings is liable for $8 million in unpaid antidumping duties under the False...more
Several lawsuits challenging the legal validity of the tariff actions taken by President Trump since he took office on January 20, 2025, are in process of moving through the federal courts. They raise a variety of important...more
On May 28, 2025, in a major development, a three-judge panel of the United States Court of International Trade (“CIT”) held that President Trump’s recent imposition of tariffs pursuant to the International Emergency Economic...more
[Written by: Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group] Several tribunals and courts were established at various periods of America’s history to resolve trade-related litigation, both at the trial and...more
Two years after declaring a national emergency and instructing the US Department of Commerce (Commerce) to pause the imposition of AD/CVD duties applicable to certain imports of crystalline silicon photovoltaic solar cells...more
In a September 6, 2023 opinion issued by Judge M. Miller Baker in three cases brought under the Court’s residual jurisdiction provision, 28 U.S.C. § 1581(i), the U.S. Court of International Trade (“CIT”) held that...more
A lawsuit filed with the U.S. Court of International Trade (CIT) on Sept. 10, 2020, seeks to upend the Trump Administration's authority to levy and collect certain of the tariffs imposed under Section 301 of the Trade Act of...more
The Court of International Trade (CIT) issued a decision in TR International Trading Co. v. United States (Slip Op. 20-34) on March 16, 2020, stating that if a company wishes to file an appeal under the Court’s residual...more
The Court of Appeals for the Federal Circuit decision, International Custom Products, Inc. v. United States, 2015 U.S. App. LEXIS 11170 (Fed. Cir. June 30, 2015), was ten years in the making and provides a stern lesson for...more