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RSM | Concentration Risk is Reshaping Critical Mineral Supply Chains

Why middle market manufacturers and energy companies face rising volatility Key takeaways Supply chain risk stems from geographic concentration across mining, processing and refining. That concentration risk is colliding with accelerating demand across multiple sectors. Disciplined working capital strategies can help organizations balance resilience with liquidity. Critical minerals—including rare earth elements, lithium, cobalt, copper and platinum group metals—are essential inputs for manufacturing and energy companies. They underpin everything from industrial components and advanced manufacturing to power generation, grid infrastructure, electric vehicles and defense applications. Supply...
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Foley Hoag | Stand and Deliver: Dispute Boards and Other Mechanisms to Manage Life Sciences Disputes in Real Time

Key Takeaways: Recent rule developments from major international institutions provide sophisticated frameworks for managing disputes as they arise. The American Arbitration Association’s International Centre for Dispute Resolution (AAA-ICDR) is developing dispute board rules specifically tailored to the life sciences industry, signaling growing institutional focus on the sector’s unique dispute resolution needs. Rule developments from the World Intellectual Property Organization (WIPO), the International Institute for Conflict Prevention & Resolution (CPR), and the Singapore International Arbitration Centre (SIAC) similarly reflect the...
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Jaguar Freight | When You Cherry-Pick the Data

In this week’s Roar: Are tariffs helping the U.S. trade deficit as intended? Ocean carriers rake in the profits, oil continues to be volatile, a mixed outlook for air cargo, and a likely extension of the Jones Act waiver. Can we say at this point if tariffs are helping the U.S. trade deficit? Not definitively. The June data shows the deficit narrowing to $73.3 billion, down from $77.6 billion in May, and down 33.8% year-to-date versus 2025. That’s the direction tariff proponents...
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Troutman Pepper Locke | Polysilicon Under Pressure: New Section 232 Tariffs Reshape Solar and Semiconductor Supply Chains

Key Points On August 6, 2026, President Trump signed a proclamation imposing a 15% ad valorem tariff and minimum import prices on polysilicon and its derivatives under Section 232 of the Trade Expansion Act of 1962, effective December 4, 2026.  The minimum import price program sets price floors of $21/kg for polysilicon, $100/kg for ingots and wafers, $0.22/W for solar cells, and $0.38/W for solar modules, with materially inaccurate certifications triggering a permanent import ban.  Raw polysilicon is subject only to...
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VRC | European Private Market Trends: Q2 2026 Direct Lending & Private Equity Update

Estimated reading time: 8 minutes The article in brief: European private markets stabilized during the second quarter of 2026, although investors have become more selective regarding sectors and credit profiles. Public credit spreads tightened from first-quarter levels, while financing conditions remained competitive for high-quality borrowers. Direct lending markets remain characterized by abundant dry powder and limited new issuance. Financing terms have remained favorable for stronger credits, while AI-exposed, cyclical, and lower-quality borrowers continue to face higher risk premiums and greater scrutiny. M&A...
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CLA | IEEPA Tariff Refunds: 4 Common Tax Reporting Issues

As tariff refunds are issued, the practical question becomes how companies should report them. Explore common tax reporting issues. Following the U.S. Supreme Court's decision invalidating the IEEPA tariffs, the government has stopped collecting those tariffs and is refunding amounts importers previously paid. Because tariffs are generally capitalized into inventory and recovered through cost of goods sold (COGS) as inventory is sold, refunds will be taxed the same as the original tariff. Learn more about how tariff refunds will be taxed and...
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Offit Kurman | The Earnout Trap: Hidden Post-Closing Risks in M&A Transactions

Earnouts are often presented as a solution that can help get a deal across the finish line. If a buyer and seller disagree on valuation, an earnout can help bridge that gap by tying a portion of the purchase price to the future performance of the company post-closing. It’s a simple concept in theory. If the company performs as expected, the seller will receive additional payments. If the company does not meet the established metrics, the buyer pays less. However, in practice, earnouts can introduce a...
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NautaDutilh | The Digital Omnibus: What Changed, What Survived and What Remains Open?

Following the publication of the “Digital Omnibus” on 19 November 2025, the political promise of easing regulatory burdens and moving towards simplification was initially welcomed by the market. However, nearly a year on, the effects have yet to be felt by stakeholders, and may be further contained now that both the European Parliament and the Council have taken positions on the text. In an urgent drive to relaunch the European economy, ease the regulatory burden on businesses, and compete with...