[co-author: John Kim]
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 legal and business communities.
This edition of the report covers a wide range of topical legal subjects. It examines developments relating to international arbitration, in particular potential EU law conflicts with global enforcement practices. This is followed by another interesting arbitration development – the US Supreme Court's unanimous ruling that foreign nations cannot invoke heightened jurisdictional standards to avoid arbitration award enforcement.
Two recent cases before the Delaware Court of Chancery are also addressed, including a decision, in which the court refused to modify overbroad noncompete agreements and the court's continued emphasis on contractual freedom in private equity transactions. We then provide an update on trade secret protection requirements following a Tenth Circuit ruling relating to the sufficiency of a trade secret specification. Additionally, we review the significant narrowing of Consumer Financial Protection Bureau activities, new DOJ rules governing sensitive data flows to foreign adversaries, and the evolving landscape of US trademark enforcement abroad following the decision in Abitron. Finally, we discuss the Trump administration’s renewed openness to merger divestiture remedies and the lifting of the pause on Foreign Corrupt Practices Act enforcement, which comes with new guidelines prioritizing American economic interests.
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
Articles
Antitrust
Trump Administration Open to Divestiture Remedies
Investigations, Compliance, and Defense
Back in Action: The Trump Administration Lifts "Pause" in Foreign Corrupt Practices Act Enforcement
Data Privacy and Cybersecurity
New Rules for Data Flows Take Effect: What You Need to Know
Trademark
Two Years After Abitron: Navigating the Limits of US Trademark Enforcement Abroad
Corporate
Delaware Court Upholds Contractual Freedom in Dismissal of CityMD Merger Challenge
Corporate
Delaware Court Refuses to Enforce or Modify Overbroad Noncompete in Cleveland Integrity Services v. Byers
Arbitration
European Commission Decision at Odds with International Arbitration Practice
Arbitration
US Supreme Court Rejects Heightened Standard for International Arbitration Award
Financial Litigation
Trump Administration Significantly Narrows the Impact of the Consumer Financial Protection Bureau
Trade Secrets
Tenth Circuit Affirms Summary Judgment on Trade Secret Claims in Double Eagle v. Hooper
Patent
Two Federal Circuit Decisions Nullify Nine-Figure Damages Awards
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