Jenner & Block Japan Newsletter
Welcome to the October 2025 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.
This edition covers a range of significant legal developments across multiple practice areas. We examine the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization, which establishes a more flexible personal jurisdiction framework for foreign defendants under the Fifth Amendment. Moreover, we address critical developments affecting Japanese pharmaceutical companies, analyzing recent reverse payment settlement litigation.
We then examine three important decisions in the intellectual property space: the Federal Circuit's expansion of patent claim disclaimer doctrine in Focus Products, the potential Supreme Court review of the trademark "doctrine of foreign equivalents" in the Vetements case, and the Ninth Circuit's recent holding regarding the federal Defend Trade Secrets Act and the particularity requirement before the commencement of discovery. Additional topics include the Delaware Court of Chancery's reinforcement of anti-reliance clause requirements in M&A transactions following Pearce v. NeueHealth, the FTC's abandonment of its nationwide noncompete ban while signaling continued case-by-case enforcement, the launch of the DOJ's new Trade Fraud Task Force targeting tariff evasion and trade violations, the SEC's reversal of its longstanding position on mandatory arbitration clauses in IPOs, and the Ninth Circuit's rejection of plaintiff tactics to avoid federal court jurisdiction under CAFA in class action litigation.
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
Noncompete
The FTC Drops Ban on Noncompetes But Warns Healthcare Employers
Tariff
The Trade Games Are Over–The Rise of a New Federal Trade Fraud Task Force
Antitrust
FTC Changes Strategy on Noncompete Enforcement
Mergers & Acquisitions
Anti-Reliance Clauses in Delaware M&A: Pearce v. NeueHealth and Comparative Perspectives
Class Action
The Ninth Circuit Rejects Class Action Plaintiffs' Tactic to Avoid Federal Court
Bankruptcy
Third-Party Releases Through Chapter 15—Loophole or Comity?
Life Sciences
Recent Rulings Highlight Risk to Japanese Drugmakers in Settling Pharmaceutical Litigations
Trade Secrets
Trademark
Patent
The Federal Circuit Expands Disclaimer of Patent Scope During Prosecution
Arbitration
SEC Reverses Position on Mandatory Arbitration Clauses in IPOs
Human Rights
US Supreme Court Opens the Door to More Flexible Personal Jurisdiction Test for Foreign Defendants
Articles
Noncompete
The FTC Drops Ban on Noncompetes But Warns Healthcare Employers
Tariff
The Trade Games Are Over–The Rise of a New Federal Trade Fraud Task Force
Antitrust
FTC Changes Strategy on Noncompete Enforcement
Mergers & Acquisitions
Anti-Reliance Clauses in Delaware M&A: Pearce v. NeueHealth and Comparative Perspectives
Class Action
The Ninth Circuit Rejects Class Action Plaintiffs' Tactic to Avoid Federal Court
Bankruptcy
Third-Party Releases Through Chapter 15—Loophole or Comity?
Life Sciences
Recent Rulings Highlight Risk to Japanese Drugmakers in Settling Pharmaceutical Litigations
Trade Secrets
Trademark
Patent
The Federal Circuit Expands Disclaimer of Patent Scope During Prosecution
Arbitration
SEC Reverses Position on Mandatory Arbitration Clauses in IPOs
Human Rights
US Supreme Court Opens the Door to More Flexible Personal Jurisdiction Test for Foreign Defendants
Related Lawyers
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 October 2025 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.
This edition covers a range of significant legal developments across multiple practice areas. We examine the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization, which establishes a more flexible personal jurisdiction framework for foreign defendants under the Fifth Amendment. Moreover, we address critical developments affecting Japanese pharmaceutical companies, analyzing recent reverse payment settlement litigation.
We then examine three important decisions in the intellectual property space: the Federal Circuit's expansion of patent claim disclaimer doctrine in Focus Products, the potential Supreme Court review of the trademark "doctrine of foreign equivalents" in the Vetements case, and the Ninth Circuit's recent holding regarding the federal Defend Trade Secrets Act and the particularity requirement before the commencement of discovery. Additional topics include the Delaware Court of Chancery's reinforcement of anti-reliance clause requirements in M&A transactions following Pearce v. NeueHealth, the FTC's abandonment of its nationwide noncompete ban while signaling continued case-by-case enforcement, the launch of the DOJ's new Trade Fraud Task Force targeting tariff evasion and trade violations, the SEC's reversal of its longstanding position on mandatory arbitration clauses in IPOs, and the Ninth Circuit's rejection of plaintiff tactics to avoid federal court jurisdiction under CAFA in class action litigation.
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
Noncompete
The FTC Drops Ban on Noncompetes But Warns Healthcare Employers
Tariff
The Trade Games Are Over–The Rise of a New Federal Trade Fraud Task Force
Antitrust
FTC Changes Strategy on Noncompete Enforcement
Mergers & Acquisitions
Anti-Reliance Clauses in Delaware M&A: Pearce v. NeueHealth and Comparative Perspectives
Class Action
The Ninth Circuit Rejects Class Action Plaintiffs' Tactic to Avoid Federal Court
Bankruptcy
Third-Party Releases Through Chapter 15—Loophole or Comity?
Life Sciences
Recent Rulings Highlight Risk to Japanese Drugmakers in Settling Pharmaceutical Litigations
Trade Secrets
Trademark
Patent
The Federal Circuit Expands Disclaimer of Patent Scope During Prosecution
Arbitration
SEC Reverses Position on Mandatory Arbitration Clauses in IPOs
Human Rights
US Supreme Court Opens the Door to More Flexible Personal Jurisdiction Test for Foreign Defendants
Articles
Noncompete
The FTC Drops Ban on Noncompetes But Warns Healthcare Employers
Tariff
The Trade Games Are Over–The Rise of a New Federal Trade Fraud Task Force
Antitrust
FTC Changes Strategy on Noncompete Enforcement
Mergers & Acquisitions
Anti-Reliance Clauses in Delaware M&A: Pearce v. NeueHealth and Comparative Perspectives
Class Action
The Ninth Circuit Rejects Class Action Plaintiffs' Tactic to Avoid Federal Court
Bankruptcy
Third-Party Releases Through Chapter 15—Loophole or Comity?
Life Sciences
Recent Rulings Highlight Risk to Japanese Drugmakers in Settling Pharmaceutical Litigations
Trade Secrets
Trademark
Patent
The Federal Circuit Expands Disclaimer of Patent Scope During Prosecution
Arbitration
SEC Reverses Position on Mandatory Arbitration Clauses in IPOs
Human Rights
US Supreme Court Opens the Door to More Flexible Personal Jurisdiction Test for Foreign Defendants
Related Lawyers
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
Event
Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar
As the Supreme Court's new Term begins, Jenner & Block Partner Amanda Shafer Berman will join a Women's Energy Network of Washington, DC (WEN-DC) webinar on how the Court's decisions are shaping the energy sector.
October 14, 2026
Publications
Partner Amanda Shafer Berman Quoted in Bloomberg Law on Senate Permitting Overhaul Bill
Partner Amanda Shafer Berman was quoted in an October 5 Bloomberg Law article, "Permitting Deal Gives Projects Defense Against Litigation Delays," on the Senate's new permitting overhaul package and its expected impact on litigation over federal permitting reversals.
October 2026
Event
Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”
On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.
October 8, 2026
Event
Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference
On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.
October 7, 2026
Publications
The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine
Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.
October 5, 2026