Jenner & Block Japan Newsletter
Welcome to the October 2024 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.
First, we are pleased to report that this year Jenner & Block was again named to The American Lawyer’s A‑List, an annual list highlighting the top 20 law firms in the United States. We received this accolade in part because of your support, for which we are grateful. Considered to be among the industry’s most prestigious rankings, the A-List comprises firms that The American Lawyer considers “the best of the best.”
Turning to the content of this month’s issue, the October 2024 edition of our newsletter begins with an update on the status of “non-competition” agreements in the US, which were declared an unfair method of competition by the Federal Trade Commission earlier this year. This is followed by an examination of a recent Notice of Proposed Rulemaking issued by the Committee on Foreign Investment that has wide reaching implications on overseas investors, including those from Japan.
We also address a few major court decisions, including a ruling by the Delaware Supreme Court regarding the fairness standard of review for controlling stockholder transactions; a decision by the US Court of Appeals for the DC Circuit which impacts the Foreign Agent Registration Act; and the Supreme Court’s reversal of the 40‑year‑old Chevron doctrine, which has particular consequence for US regulatory agencies and executive departments. This edition also provides an update on proposed amendments to the English Arbitration Act, recently signed reforms to California’s Private Attorneys General Act, and changes to the National Defense Authorization Act. It also contains an overview and prospects regarding the Infrastructure Investment and Jobs Act and Inflation Reduction Act.
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
2024 CFIUS Developments: Implications for Japanese Investors in the United States
Noncompete
Non-Competition Agreements; FTC Rule Status
Corporate
Delaware Supreme Court Clarifies MFW Framework
Arbitration
Amendments to the English Arbitration Act on Hold
Corporate
Drafting Oversight Costs Seller $109 Million: The Save Mart Case
Mergers & Acquisitions
Changes to Reporting Requirements for U.S. Defense Transactions
PAGA
Energy
Energy Infrastructure Funding Opportunities under the Infrastructure Law and Inflation Reduction Act
FARA
DC Circuit Upholds Bar on Registration for Former Foreign Agents
US Supreme Court
Articles
CFIUS
2024 CFIUS Developments: Implications for Japanese Investors in the United States
Noncompete
Non-Competition Agreements; FTC Rule Status
Corporate
Delaware Supreme Court Clarifies MFW Framework
Arbitration
Amendments to the English Arbitration Act on Hold
Corporate
Drafting Oversight Costs Seller $109 Million: The Save Mart Case
Mergers & Acquisitions
Changes to Reporting Requirements for U.S. Defense Transactions
PAGA
Energy
Energy Infrastructure Funding Opportunities under the Infrastructure Law and Inflation Reduction Act
FARA
DC Circuit Upholds Bar on Registration for Former Foreign Agents
US Supreme Court
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 October 2024 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.
First, we are pleased to report that this year Jenner & Block was again named to The American Lawyer’s A‑List, an annual list highlighting the top 20 law firms in the United States. We received this accolade in part because of your support, for which we are grateful. Considered to be among the industry’s most prestigious rankings, the A-List comprises firms that The American Lawyer considers “the best of the best.”
Turning to the content of this month’s issue, the October 2024 edition of our newsletter begins with an update on the status of “non-competition” agreements in the US, which were declared an unfair method of competition by the Federal Trade Commission earlier this year. This is followed by an examination of a recent Notice of Proposed Rulemaking issued by the Committee on Foreign Investment that has wide reaching implications on overseas investors, including those from Japan.
We also address a few major court decisions, including a ruling by the Delaware Supreme Court regarding the fairness standard of review for controlling stockholder transactions; a decision by the US Court of Appeals for the DC Circuit which impacts the Foreign Agent Registration Act; and the Supreme Court’s reversal of the 40‑year‑old Chevron doctrine, which has particular consequence for US regulatory agencies and executive departments. This edition also provides an update on proposed amendments to the English Arbitration Act, recently signed reforms to California’s Private Attorneys General Act, and changes to the National Defense Authorization Act. It also contains an overview and prospects regarding the Infrastructure Investment and Jobs Act and Inflation Reduction Act.
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
2024 CFIUS Developments: Implications for Japanese Investors in the United States
Noncompete
Non-Competition Agreements; FTC Rule Status
Corporate
Delaware Supreme Court Clarifies MFW Framework
Arbitration
Amendments to the English Arbitration Act on Hold
Corporate
Drafting Oversight Costs Seller $109 Million: The Save Mart Case
Mergers & Acquisitions
Changes to Reporting Requirements for U.S. Defense Transactions
PAGA
Energy
Energy Infrastructure Funding Opportunities under the Infrastructure Law and Inflation Reduction Act
FARA
DC Circuit Upholds Bar on Registration for Former Foreign Agents
US Supreme Court
Articles
CFIUS
2024 CFIUS Developments: Implications for Japanese Investors in the United States
Noncompete
Non-Competition Agreements; FTC Rule Status
Corporate
Delaware Supreme Court Clarifies MFW Framework
Arbitration
Amendments to the English Arbitration Act on Hold
Corporate
Drafting Oversight Costs Seller $109 Million: The Save Mart Case
Mergers & Acquisitions
Changes to Reporting Requirements for U.S. Defense Transactions
PAGA
Energy
Energy Infrastructure Funding Opportunities under the Infrastructure Law and Inflation Reduction Act
FARA
DC Circuit Upholds Bar on Registration for Former Foreign Agents
US Supreme Court
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
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
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