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
Associate Steven Arango to Speak at the Veterans' Legal Career Fair
On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.
September 18, 2026
Publications
Partner Lucy Blake Discusses the FCA's New Non-Financial Misconduct Regime in Law360
Partner Lucy Blake spoke with Law360 for an article examining the Financial Conduct Authority's new non-financial misconduct rules, which took effect this week and extend existing banking-sector conduct standards to roughly 37,000 non-banking financial businesses.
September 2, 2026
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In American Banker, Partner Laurel Loomis Rimon Weighs in on OCC's Handling of Fintech Bank Charter Applications
Partner Laurel Loomis Rimon spoke with American Banker about how the Office of the Comptroller of the Currency is approaching bank charter applications from fintechs, amid a growing wave of companies seeking charters from federal regulators.
August 18, 2026
Event
Partner David Greenwald to Speak at PLI Program on Privilege and AI
On August 17, David Greenwald will speak at "Fitting New “Tech” Into the Attorney-Client Privilege and Work Product Protection," a virtual program hosted by the Practising Law Institute (PLI).
August 17, 2026