On February 20, the U.S. Supreme Court released its decision in Learning Resources, Inc. v. Trump, the case challenging the legality of the Trump Administration’s tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”). By a 6-3 majority, the Court held that IEEPA does not authorize the President
Continue Reading IEEPA Tariffs Terminated, Replacement Section 122 Tariffs Take Effect
Kate McNulty
Kate McNulty is a senior associate in the Washington office who helps clients navigate complex international trade and investment matters. She counsels companies, trade associations, and governments on U.S. trade and tariff measures, as well as implementation of responsive measures by foreign governments. She provides legal and strategic advice to clients on global policy issues and geopolitical risks, including assessing and mitigating reputational, economic, or physical risk to their businesses or investments. She advises clients on the application and use of international treaties—including free trade agreements (FTAs), bilateral investment treaties (BITs), and agreements under World Trade Organization (WTO) framework—to open markets and resolve disputes, also advising clients seeking to understand and engage with the negotiation and implementation of such agreements.
Kate also focuses her trade practice on U.S. anti-forced labor laws as well as business-related human rights matters, advising clients on the application and enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) and Withhold Release Orders (WROs) issued by the U.S. government. She helps clients develop and implement strategies to mitigate supply chain risks, including by building compliance programs, developing due diligence procedures, and conducting risk assessments. She also advises clients on conducting human rights-related investigations and implementing related findings.
Kate has represented corporate clients in both commercial and investment treaty arbitrations, including under ICSID, ICC, UNCITRAL, and ICDR rules, and also represents clients in proceedings before U.S. administrative bodies and U.S. courts, including in trade remedy proceedings (AD/CVD).
She also maintains an active pro bono practice focused on international human rights and public international law. She has represented U.S.-funded media outlet Radio Free Europe/Radio Liberty to secure the release of one of its journalists in a prisoner exchange with Russia. Her work also includes representation of the Clooney Foundation for Justice, the American Bar Association Center for Human Rights, and the Public International Law & Policy Group.
Heavy Rare Earth Elements: Rising Supply Chain Risks and Emerging Policy Responses
Introduction
Critical minerals have received a surge of attention recently, much of it tied to China’s dominance of extraction and processing and recent application of export controls on minerals with defense applications. Policy discussions tend to focus on “critical minerals” collectively, but it is important to distinguish those needed for agriculture and transportation from those needed for national security. Every mineral deemed essential for U.S. national security, economic security, and supply chain resilience and included on the official list of critical minerals maintained by U.S. Geological Survey list is important for its own reasons, but there are a few elements whose looming shortage now borders on an emergency, requiring extra focus from policymakers. Certain “heavy” rare earth elements are among them.Continue Reading Heavy Rare Earth Elements: Rising Supply Chain Risks and Emerging Policy Responses
Covington Tech Briefing Spotlight: Impact of Latest Policy Developments on the Tech Industry
On September 24, 2025, Covington’s tech industry experts explored what legal teams, government affairs professionals, and business leaders at tech companies need to know during this pivotal period and offered insights into anticipated challenges and emerging opportunities in the year ahead. Eight Covington attorneys shared their insights during a 60-minute session moderated by Covington partner Holly Fechner. Key takeaways from the Forum are outlined below.Continue Reading Covington Tech Briefing Spotlight: Impact of Latest Policy Developments on the Tech Industry
Don’t Count on Immediate IEEPA Refunds: What President Trump Might Do If SCOTUS Throws Out IEEPA Tariffs
On November 5, 2025, the U.S. Supreme Court is set to hear the Trump Administration’s appeal of lower court decisions holding the imposition of certain tariffs under the International Emergency Economic Powers Act (“IEEPA”) unlawful. If the Supreme Court rules that IEEPA does not authorize tariffs, the government would no…
Continue Reading Don’t Count on Immediate IEEPA Refunds: What President Trump Might Do If SCOTUS Throws Out IEEPA TariffsThe United States, Mexico, and Canada Launch Domestic Consultation Processes on Upcoming USMCA Review
Ahead of the July 2026 “joint review” of the U.S.-Mexico-Canada Agreement (“USMCA”), the United States, Mexico, and Canada have each launched public consultation processes to solicit input from stakeholders on the operation of the USMCA, and possible changes those governments should seek to the Agreement as part of the review.
Continue Reading The United States, Mexico, and Canada Launch Domestic Consultation Processes on Upcoming USMCA ReviewU.S.-Colombia Relations Facing Key Decision Points with Implications for Businesses
The United States and Colombia have historically maintained a strong bilateral partnership that has been the envy of much of Latin America. However, the bilateral relationship today is facing a test as U.S. and Colombian approaches to shared problems increasingly diverge. The next several months present milestones that will have…
Continue Reading U.S.-Colombia Relations Facing Key Decision Points with Implications for BusinessesU.S. Tariffs and Sanctions Against Brazil and the Brazilian Response
As described in our prior client alert, President Trump threatened in July to impose tariffs of 50% on imports of products from Brazil in response to U.S. concerns regarding Brazil’s criminal prosecution of former President Jair Bolsonaro, recent judicial developments impacting social media regulation in Brazil, Brazil’s allegedly…
Continue Reading U.S. Tariffs and Sanctions Against Brazil and the Brazilian ResponseTrump Administration Imposes Secondary Tariffs on India
On August 6, President Trump issued an Executive Order (“EO”) (“Addressing Threats to the United States by the Government of the Russian Federation”) invoking his authority under the International Emergency Economic Powers Act (“IEEPA”) to impose a tariff of 25% on most products imported from India, effective August 27, in…
Continue Reading Trump Administration Imposes Secondary Tariffs on IndiaU.S.-EU Trade Framework: Outcome and Next Steps
On July 27, the United States and the European Union announced a trade framework agreement, following a meeting between President Donald Trump and European Commission President Ursula von der Leyen. The deal avoided imposition of a 30% reciprocal U.S. tariff on EU goods that was set to take effect August…
Continue Reading U.S.-EU Trade Framework: Outcome and Next StepsStatus of Section 232 Actions by the Trump Administration
Since taking office in January, President Trump has taken a number of actions under Section 232 of the Trade Expansion Act of 1962 (“Section 232”), a statute that authorizes the President to “adjust” imports—including through application of tariffs, quotas, tariff rate quotas, and license fees—where the Department of Commerce (“Commerce”)…
Continue Reading Status of Section 232 Actions by the Trump Administration