Attorney Wire Briefing: August 7, 2026
Includes $100 billion in IEEPA duty refunds, Apple’s trade-secret injunction bid against OpenAI, New Jersey’s Amazon monopsony suit, and Sandoz’s $450 million antitrust settlement.
Good morning – it’s Friday, August 7, 2026.
Here are six key legal developments we’re following.
Estimated read time: 3 minutes
Lead Story
U.S. Processes $100 Billion in IEEPA Duty Refunds
What happened: U.S. Customs and Border Protection processed approximately $100 billion in IEEPA duty refunds and interest after the Supreme Court ruled that the International Emergency Economic Powers Act does not authorize presidential tariffs. The agency has sent certified refunds to the Treasury Department for payment.
Why it matters: The refunds remedy duties collected under unauthorized tariffs and eliminate IEEPA as a source of tariff authority. The administration has since relied on other statutes, including Section 301 of the Trade Act of 1974.
Implication: Trade counsel should monitor outstanding refund claims, particularly those affected by validation, liquidation, and payment delays. Importers should also assess compliance and litigation risk under Section 301 and other tariff authorities.
Read more: CNBC | Declaration
The Docket
Apple Seeks Preliminary Injunction Against OpenAI in Trade-Secret Suit
Apple asked the U.S. District Court for the Northern District of California to preliminarily enjoin OpenAI and two former Apple employees from accessing or using alleged Apple trade secrets related to consumer hardware. Apple also sought expedited discovery, while OpenAI denied possessing or seeking the information.
Why it matters: Apple must show likely success on the merits and irreparable harm to obtain an injunction. The motion will test how courts tailor interim restrictions in employee trade-secret disputes before discovery establishes the scope of any misuse.
Read more: Reuters | Motion for Preliminary Injunction
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New Jersey Sues Amazon Alleging Delivery-Network Monopsony
New Jersey sued Amazon, alleging it maintained unlawful monopsony power over Delivery Service Partners and driver labor by suppressing pay, using no-poach practices and retaliating against DSPs over union activity. The state seeks damages and injunctive relief, while Amazon denies the allegations.
Why it matters: The lawsuit shifts scrutiny of Amazon’s contractor model to buyer-side antitrust law. It will test whether the alleged labor-market conduct supports Sherman Act monopsony claims.
Read more: Wall Street Journal | Complaint
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D.C. Circuit Leaves Injunction Against $20 Billion EPA Grant Clawback in Place
The en banc D.C. Circuit left in place a preliminary injunction blocking the EPA from terminating about $20 billion in clean-energy grants or recovering disbursed funds. Six judges found the EPA likely violated Section 60103 of the Inflation Reduction Act by ending the grants based solely on a policy disagreement.
Why it matters: The ruling limits an agency’s ability to terminate obligated or disbursed grants based only on disagreement with congressional policy. It leaves unresolved how the repeal of Section 60103 affects the EPA’s authority over existing grants.
Read more: Reuters | Judgment
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Jackson Walker Agrees to $15 Million Settlement in Bankruptcy Disclosure Dispute
Jackson Walker agreed to pay $15 million to settle claims by the Office of the U.S. Trustee over disclosures in 33 bankruptcy cases involving former Judge David R. Jones. The government alleged that the firm failed to disclose a romantic relationship between a firm partner and the judge.
Why it matters: The settlement highlights the financial consequences of failing to disclose relationships affecting a bankruptcy professional’s disinterestedness. It underscores that inadequate disclosures can jeopardize professional retention and fee awards.
Read more: Wall Street Journal | Notice of Settlement Term Sheet
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Sandoz Agrees to $450 Million Generic-Drug Antitrust Settlement
Sandoz agreed to pay about $450 million to settle antitrust claims by 43 states and territories over alleged anticompetitive conduct in the generic-drug market. The company did not admit wrongdoing.
Why it matters: The settlement resolves a significant portion of the long-running generic-drug antitrust litigation. It highlights the financial exposure associated with coordinated state antitrust enforcement while leaving the allegations unadjudicated.
Read more: Reuters
Partner Signal
Large Firms Cut Entry-Level Associate Hiring 7.5%
Large U.S. law firms hired 6,588 entry-level associates in 2025, down 7.5% (540 hires), according to NALP. The decline reflects smaller summer-associate classes and firms’ increased focus on experienced hiring through 2027. NALP did not quantify AI’s role.
Reuters
What We’re Watching
Court Sets March 2027 Trial in Paramount-Warner Bros. Discovery Merger Challenge
A federal court set a March 2, 2027 trial in the states’ challenge to Paramount’s proposed $111 billion acquisition of Warner Bros. Discovery. The case will test whether the transaction violates Section 7 of the Clayton Act, with market definition expected to be the central issue.
New York Times
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