Jenner & Block Japan Newsletter

Welcome to the September 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 are pleased to report that Jenner & Block has ranked #3 in The American Lawyer's 2026 A-List, the firm's highest placement yet among the list of 20 elite firms. The A-List is AmLaw's annual ranking and is 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.” Thank you very much for all of your support.

Turning to the content of the newsletter, we begin this edition with a summary of a recent Delaware federal court decision dismissing trade secret misappropriation claims for failure to distinguish the alleged trade secrets from general business information, underscoring the importance of pleading with sufficient particularity under the Defend Trade Secrets Act. We then turn to the Delaware Court of Chancery's first application of Senate Bill 21, examining the court's decision in Ayers v. Foley, which provides early guidance on the heightened presumption of director independence and its application at the demand-futility stage.

These updates are followed by an overview of the impending CFIUS Known Investor Program, an initiative intended to streamline the review process for frequent, trusted foreign investors, including those from US allies and partners such as Japan. We also summarize key takeaways from the Trump administration's recent Executive Order on artificial intelligence and cybersecurity, which establishes a framework for voluntary, pre-release government review of advanced AI models. Additionally, we detail the General Services Administration's revised proposed contract clause governing the safeguarding of government data processed through large language model AI systems, which narrows the clause's trigger while expanding its reach across all GSA-administered contracts. We then examine recent English case law addressing sovereign immunity as a defense to the enforcement of arbitration awards, highlighting the differing treatment afforded to awards under the ICSID Convention as compared to the New York Convention. Finally, this edition provides an overview of the newly enacted EU Anti-Corruption Directive, the most far-reaching development in European anti-corruption law in more than two decades, including its new standalone offense of trading in influence.

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 September 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 are pleased to report that Jenner & Block has ranked #3 in The American Lawyer's 2026 A-List, the firm's highest placement yet among the list of 20 elite firms. The A-List is AmLaw's annual ranking and is 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.” Thank you very much for all of your support.

Turning to the content of the newsletter, we begin this edition with a summary of a recent Delaware federal court decision dismissing trade secret misappropriation claims for failure to distinguish the alleged trade secrets from general business information, underscoring the importance of pleading with sufficient particularity under the Defend Trade Secrets Act. We then turn to the Delaware Court of Chancery's first application of Senate Bill 21, examining the court's decision in Ayers v. Foley, which provides early guidance on the heightened presumption of director independence and its application at the demand-futility stage.

These updates are followed by an overview of the impending CFIUS Known Investor Program, an initiative intended to streamline the review process for frequent, trusted foreign investors, including those from US allies and partners such as Japan. We also summarize key takeaways from the Trump administration's recent Executive Order on artificial intelligence and cybersecurity, which establishes a framework for voluntary, pre-release government review of advanced AI models. Additionally, we detail the General Services Administration's revised proposed contract clause governing the safeguarding of government data processed through large language model AI systems, which narrows the clause's trigger while expanding its reach across all GSA-administered contracts. We then examine recent English case law addressing sovereign immunity as a defense to the enforcement of arbitration awards, highlighting the differing treatment afforded to awards under the ICSID Convention as compared to the New York Convention. Finally, this edition provides an overview of the newly enacted EU Anti-Corruption Directive, the most far-reaching development in European anti-corruption law in more than two decades, including its new standalone offense of trading in influence.

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

Event

Partner Terri Mascherin to Speak at Illinois State Bar Association Seminar on Negotiation Ethics

On November 11, Partner Terri Mascherin will join a faculty panel for the Illinois State Bar Association (ISBA) continuing legal education (CLE) seminar “Negotiation Ethics: Winning Without Selling Your Soul.”

November 11, 2026

Publications

Before You Sign: Key Contract Provisions for Tribes Considering Data Center Developments, ICT

Grace Signorelli-Cassady of Jenner & Block’s Native American Law Practice authored an opinion piece for ICT examining key contract provisions tribes should consider when approached about data center developments.

November 5, 2026

Publications

Jon Skladany and Kayvan Sadeghi Quoted on Fintech Investigation Readiness in Law360

Jenner & Block Partners Jon Skladany and Kayvan Sadeghi were quoted in a Law360 article examining how crypto and fintech companies are preparing for heightened congressional oversight following the 2026 midterm elections.

November 5, 2026

Publications

Partner Emily Loeb Discusses What the 2026 Midterms Mean for Congressional Oversight in the Financial Times

Partner Emily Loeb, co-chair of Jenner & Block’s Congressional Investigations Practice, was quoted in the Financial Times in an article examining how companies are preparing for congressional oversight as the new Congress takes shape following the 2026 midterm elections.

November 4, 2026

Publications

Congressional Oversight after Trump v. United States, Lawfare

Special Counsel David Manners-Weber authored an article for Lawfare examining how the Supreme Court’s 2024 decision in Trump v. United States may weaken Congress’s ability to investigate the executive branch.

 

November 2, 2026

Publications

In Politico, Partner Emily Loeb Discusses How Companies Are Preparing for Congressional Oversight 

Partner Emily Loeb was spoke with Politico for a story examining how companies are preparing for heightened congressional oversight, particularly those that could become the focus of investigations centered on affordability and accountability. 

 

October 29, 2026