RANE analyst Beth Siegert on tariffs, trade fraud, AI liability, and the DEI enforcement pivot — and what organizations should do now.
The defining theme of 2026’s compliance landscape is uncertainty itself. As Trump’s second-term agenda accelerates, organizations are caught between a shifting federal posture and assertive states moving in the opposite direction. Here are the five risk areas demanding attention.
With the Supreme Court striking down Trump’s use of IEEPA, the administration has pivoted to Section 122 (a 10% global tariff capped at 15%, expiring after 150 days) and Section 301 investigations into 76 countries. Section 301 is the more significant long-term risk — no rate cap, no expiration. Companies with supply chains touching targeted countries should map their exposure now and consider submitting comments to the USTR. On refunds: CBP is building a processing system for IEEPA overpayments; importers should verify their refund registration and keep filing protests in the meantime.
Unlike other white-collar enforcement areas, trade fraud is a clear priority for this administration. The DOJ is actively deploying the False Claims Act against importers that misstate information to avoid duties — and private competitors and supply chain employees can file whistleblower actions and collect a share of recoveries. DOJ announced record FCA whistleblower actions in January 2026, many involving trade fraud. Review your import documentation and make sure compliance programs address tariff evasion risk.
The White House’s AI legislative framework offers direction but no authority — it’s a directive to Congress, not an executive order, and past attempts at federal AI preemption have stalled. Meanwhile, California, New York, and others are enacting broad AI safety laws, with more states expected to follow. Until federal rules emerge, align your AI governance to the highest applicable state standard. Document data sources, model architecture, and validation processes for audit readiness.
AI tools used in hiring,promotion, and termination decisions create real exposure under Title VII, the ADA, and the ADEA — and state equivalents. A 2025 complaint against HireVue and an ongoing class action against Workday signal where courts are heading. TheEEOC’s withdrawal of AI bias guidance has left a void states are filling inconsistently. The baseline: get legal sign-off before deploying any AI in employment decisions, ensure human sign-off on final calls, and audit tools regularly as they continue to be retrained.
Organizations now face FCA risk if DEI programs are deemed to violate federal anti-discrimination law — the DOJ has already demanded documents from Google and Verizon — and rising reverse discrimination claims under Title VII following a Supreme Court decision lowering the evidentiary bar. The EEOC has said it will target companies that update DEI language without actually changing policy. The safest path: focus on expanding opportunity for all rather than preferences for any group, and ensure all employment decisions are objective and documented.
Based on a RANE Network podcast with Beth Siegert – listen here.
For access to the full 2026 LRC Risk Outlook, contact us at ranenetwork.com.
