Welcome to the July 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...more
7/22/2025
/ Arbitration ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Delaware ,
Employer Liability Issues ,
Employment Contract ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
International Arbitration ,
Non-Compete Agreements ,
Patent Litigation ,
Patents ,
Trade Secrets ,
Trademark Litigation ,
Trademarks ,
Trump Administration
In a landmark decision with far-reaching implications for private equity-backed ventures and minority investors in Delaware limited liability companies, the Delaware Court of Chancery dismissed a lawsuit brought by former...more
In Cleveland Integrity Services, LLC v. Byers (Del. Ch. Feb. 28, 2025), the Delaware Court of Chancery declined to enforce a two-year non-compete agreement that it found to be geographically overbroad and refused to narrow or...more
7/17/2025
/ Breach of Contract ,
Business Litigation ,
Contract Terms ,
Corporate Counsel ,
Corporate Governance ,
Delaware ,
Employment Litigation ,
Enforcement Actions ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
Welcome to the April 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...more
5/5/2025
/ Acquisitions ,
Artificial Intelligence ,
Class Action ,
Corporate Governance ,
DE Supreme Court ,
Delaware ,
Enforcement Actions ,
FinTech ,
Foreign Corrupt Practices Act (FCPA) ,
Hart-Scott-Rodino Act ,
Human Rights ,
Intellectual Property Protection ,
Mergers ,
Patent Litigation ,
Popular ,
Restrictive Covenants ,
Technology Sector ,
Trade Secrets ,
Trump Administration
Welcome to the January 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...more
1/31/2025
/ Antitrust Division ,
Antitrust Provisions ,
Arbitration ,
CFIUS ,
Competition ,
Corporate Governance ,
Data Privacy ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
International Arbitration ,
Mergers ,
Non-Compete Agreements ,
Patent Trial and Appeal Board ,
Patents ,
Privacy Laws ,
Trade Secrets
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...more
9/30/2024
/ Acquisitions ,
Arbitration ,
CFIUS ,
Chevron Deference ,
Corporate Governance ,
Energy Sector ,
Foreign Agents Registration Act (FARA) ,
Governor Newsom ,
Infrastructure Financing ,
Investors ,
Mergers ,
New Legislation ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
Reporting Requirements ,
SCOTUS
As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) announced their final rule banning most “non-competition” agreements. The FTC determined non-competition agreements were an unfair method of...more
9/30/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Business Entities ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Statutory Authority ,
Texas
On February 28, 2024, the Delaware Court of Chancery “reluctantly” confirmed an arbitrator’s award, leaving many in the private equity community surprised. This decision led to MP Seller Holdings LLC (Seller), seller of a $40...more
Welcome to the May 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...more
5/24/2024
/ Anti-Corruption ,
Arbitration ,
Artificial Intelligence ,
Board of Directors ,
Corporate Governance ,
Data Protection ,
Department of Justice (DOJ) ,
Energy Sector ,
Federal Trade Commission (FTC) ,
Final Rules ,
Intellectual Property Protection ,
Internet ,
Machine Learning ,
NLRB ,
Non-Compete Agreements ,
Patents ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Oversight ,
State Privacy Laws ,
Unions ,
Whistleblower Awards
The duty of oversight requires directors to (1) make a good faith effort to ensure that their corporations have proper reporting systems in place, and (2) take action to address red flags that indicate potential corporate...more
The Financial Crimes Enforcement Network of the Department of the Treasury (FinCEN) issued final regulations under the Corporate Transparency Act (CTA) which, effective January 1, 2024, require most companies (i.e.,...more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that effectively bans most noncompete agreements in the United States. The FTC’s rule is scheduled to go into effect 120 days after it is...more
5/14/2024
/ Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
Welcome to the January 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...more
2/12/2024
/ Antitrust Division ,
Artificial Intelligence ,
Buyers ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Transfers ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
International Data Transfers ,
Legislative Agendas ,
Merger Controls ,
Misappropriation ,
Pre-Merger Filing Requirements ,
Privacy Laws ,
Regulatory Agenda ,
Representations and Warranties ,
Sellers ,
Technology Sector ,
Trade Secrets ,
UK
In HControl Holdings v. Antin Infrastructure Partners, a Delaware court recently held that the buyer could terminate without closing its agreement to acquire a target company for $250 million. Due to a $215,000 ownership...more
It is well understood that directors of Delaware corporations are subject to the fiduciary duties of care and loyalty. In general, the duty of care requires directors to base their decisions on all material information...more
In the recent case Construction Industry Laborers Pension Fund on behalf of SolarWinds Corporation, et. al v. Mike Bingle, et al. (2022), the Delaware Chancery Court considered whether the directors of SolarWinds Corporation,...more