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

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.

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

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

Podcasts

Partner Laurel Loomis Rimon Discusses Fintech Enforcement, Debanking, and Regulatory Risk on Fintech Layer Cake Podcast

Partner Laurel Loomis Rimon was featured on the Fintech Layer Cake podcast, where she discussed how fintech enforcement and prosecution actually work in practice, and what exposes fintechs and banks to regulatory risk.

July 15, 2026

Event

Partner Suedeen Kelly to Speak at ABA SEER's 34th Fall Conference

On Thursday, October 15, Partner Suedeen Kelly will speak on a panel at the American Bar Association's Section of Environment, Energy, and Resources (ABA SEER) 34th Fall Conference in Albuquerque, New Mexico.

October 15, 2026

Publications

Supreme Court Clarifies Scope of Private Rights of Action Under the Investment Company Act, Private Equity Law Report

Partners Charles Riely, Todd C. Toral, and Martin Glass authored a guest article for Private Equity Law Report examining the US Supreme Court's June 11, 2026, ruling on the scope of private rights of action under the Investment Company Act of 1940.

July 14, 2026

Publications

Emily Loeb Discusses Congressional Oversight Preparedness in Bloomberg Law

Partner Emily Loeb, co-chair of Jenner & Block's Congressional Investigations Practice, spoke with Bloomberg Law article about how companies can prepare for potential oversight exposure ahead of this fall's midterm elections.

July 7, 2026

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