Jenner & Block Japan Newsletter
Welcome to the February 2026 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese legal and business communities.
Firstly, we would like to recognize our Japan Practice Co-Chair, Miwa Shoda, for her ranking in the 2026 Chambers Global guide in two categories: Litigation-USA: Foreign Expert (Japan) and Dispute Resolution-Japan: Japan Expertise Based Abroad. Miwa is the only lawyer from law firms in the US to be ranked for Japan in these categories.
We would also like to recognize Japan Practice Co-Chair, Brent Caslin, who was named as a Runner-Up for “Litigators of the Week” by The American Lawyer for his representation of survivors of a 2014 terror attack. As one of only a few lawyers in the nation to be recognized for this significant ruling, we congratulate Brent on this well-deserved honor.
In this edition, we cover a number of subjects relevant to a range of industries and legal practice areas. We begin with an examination of the Trump administration’s “America First Investment Policy” which seeks to curb threats posed by China’s investment in the United States while promoting investment from allies and partners, such as Japan. We then provide an update on the Federal Trade Commission’s recently announced annual revisions to the Hart-Scott-Rodino Act.
This edition continues with a summary of a recent decision by the Delaware Court of Chancery. The case highlights the importance of meaningful oversight systems for risks that are fundamental to a company’s operations. This is followed by an analysis of a recent trade secrets trial that resulted in a $64 million verdict; a suit which emphasizes the importance of adequately identifying trade secrets before trial. We also detail a recent Federal Circuit decision in a patent case which reversed a trial court’s exclusion of two expert witnesses, blurring the line between the court’s gatekeeping role and the jury’s role in assessing the weight of the evidence and the credibility of witnesses. Additionally, we offer an overview of the recently announced joint SEC and CFTC initiative “Project Crypto”; an effort which aims to address longstanding problems that have plagued the digital asset industry and its regulation. Finally, this edition of the JNL provides key takeaways of the US Government Accountability Office’s “Bid Protest Annual Report to Congress” containing information related to bid protest statistics for fiscal year 2025.
We hope that you find the information in the Jenner & Block Japan Newsletter of interest. We thank you for taking the time to review our publication.
Regards,
The Jenner & Block Team
CFIUS
The America First Investment Policy in Practice
Corporate
FTC Announces 2026 HSR Thresholds
Corporate
Trade Secrets
$64 Million Verdict Against Goodyear Vacated for Failure to Properly Define Trade Secrets
Patent
A Recent Federal Circuit Decision Has Clouded the District Court's Gatekeeping Role
Fintech and Crypto Assets
SEC, CFTC Launch Unified "Project Crypto"
Government Contracts
Annual GAO Bid Protest Statistics: Filings Down, But Relief Rate Steady
Articles
CFIUS
The America First Investment Policy in Practice
Corporate
FTC Announces 2026 HSR Thresholds
Corporate
Trade Secrets
$64 Million Verdict Against Goodyear Vacated for Failure to Properly Define Trade Secrets
Patent
A Recent Federal Circuit Decision Has Clouded the District Court's Gatekeeping Role
Fintech and Crypto Assets
SEC, CFTC Launch Unified "Project Crypto"
Government Contracts
Annual GAO Bid Protest Statistics: Filings Down, But Relief Rate Steady
Related Attorneys
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Welcome to the February 2026 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese legal and business communities.
Firstly, we would like to recognize our Japan Practice Co-Chair, Miwa Shoda, for her ranking in the 2026 Chambers Global guide in two categories: Litigation-USA: Foreign Expert (Japan) and Dispute Resolution-Japan: Japan Expertise Based Abroad. Miwa is the only lawyer from law firms in the US to be ranked for Japan in these categories.
We would also like to recognize Japan Practice Co-Chair, Brent Caslin, who was named as a Runner-Up for “Litigators of the Week” by The American Lawyer for his representation of survivors of a 2014 terror attack. As one of only a few lawyers in the nation to be recognized for this significant ruling, we congratulate Brent on this well-deserved honor.
In this edition, we cover a number of subjects relevant to a range of industries and legal practice areas. We begin with an examination of the Trump administration’s “America First Investment Policy” which seeks to curb threats posed by China’s investment in the United States while promoting investment from allies and partners, such as Japan. We then provide an update on the Federal Trade Commission’s recently announced annual revisions to the Hart-Scott-Rodino Act.
This edition continues with a summary of a recent decision by the Delaware Court of Chancery. The case highlights the importance of meaningful oversight systems for risks that are fundamental to a company’s operations. This is followed by an analysis of a recent trade secrets trial that resulted in a $64 million verdict; a suit which emphasizes the importance of adequately identifying trade secrets before trial. We also detail a recent Federal Circuit decision in a patent case which reversed a trial court’s exclusion of two expert witnesses, blurring the line between the court’s gatekeeping role and the jury’s role in assessing the weight of the evidence and the credibility of witnesses. Additionally, we offer an overview of the recently announced joint SEC and CFTC initiative “Project Crypto”; an effort which aims to address longstanding problems that have plagued the digital asset industry and its regulation. Finally, this edition of the JNL provides key takeaways of the US Government Accountability Office’s “Bid Protest Annual Report to Congress” containing information related to bid protest statistics for fiscal year 2025.
We hope that you find the information in the Jenner & Block Japan Newsletter of interest. We thank you for taking the time to review our publication.
Regards,
The Jenner & Block Team
CFIUS
The America First Investment Policy in Practice
Corporate
FTC Announces 2026 HSR Thresholds
Corporate
Trade Secrets
$64 Million Verdict Against Goodyear Vacated for Failure to Properly Define Trade Secrets
Patent
A Recent Federal Circuit Decision Has Clouded the District Court's Gatekeeping Role
Fintech and Crypto Assets
SEC, CFTC Launch Unified "Project Crypto"
Government Contracts
Annual GAO Bid Protest Statistics: Filings Down, But Relief Rate Steady
Articles
CFIUS
The America First Investment Policy in Practice
Corporate
FTC Announces 2026 HSR Thresholds
Corporate
Trade Secrets
$64 Million Verdict Against Goodyear Vacated for Failure to Properly Define Trade Secrets
Patent
A Recent Federal Circuit Decision Has Clouded the District Court's Gatekeeping Role
Fintech and Crypto Assets
SEC, CFTC Launch Unified "Project Crypto"
Government Contracts
Annual GAO Bid Protest Statistics: Filings Down, But Relief Rate Steady
Related Attorneys
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News and Insights
Publications
In New York Law Journal, The True Lender Doctrine and the OppFi Decision
Partners Jeremy Creelan, Michael Ross, Megan Poetzel, and Laurel Loomis Rimon, and Associate Molly Oberstein-Allen authored an article for the New York Law Journal examining the "True Lender" doctrine in light of a May 2026 California decision that provides the most detailed judicial framework to date for evaluating bank-nonbank lending partnerships.
July 1, 2026
Event
Partner Michael Vernick to Speak at NACUA's 2026 Annual Conference
On July 1, Partner Michael Vernick will speak on a panel at the National Association of College and University Attorneys (NACUA) 2026 Annual Conference in Nashville.
July 1, 2026
Publications
In Employee Relations Law Journal: What Happens When ERISA Disability Deadlines Slip
Partner Joseph Torres along with Associates Emma O'Connor and Christopher LeWarne, authored an article for the Employee Relations Law Journal analyzing a significant Fourth Circuit decision with substantial consequences for ERISA disability plan administrators.
June 23, 2026