Jenner & Block

Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: New Title IX Rules: Navigating Compliance Across Campus

On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from… more

Department of Education, Educational Institutions, Final Rules, Investigations, New Regulations

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Just Keep Spinning? – The Future of American Wind Power

Earth Day organizers consider wind power essential for reaching the Our Power, Our Planet goals. However, the future of American wind power is uncertain. Wind power accounts for around 10% of all power generated in the United… more

Biden Administration, California, Energy Policy, Energy Projects, Environmental Policies

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate DEI Programs

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice… more

Bias, College Admissions, Colleges, Discrimination, Diversity

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Client Alert: Key Questions Answered about the New US Outbound Investment Regime Targeting China

On August 9, 2023, President Biden issued an executive order to regulate, for the first time, US outbound investments in key technologies in China that are critical to national security. The executive order directs the Treasury… more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Corporate Counsel

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Client Alert: Corporate Sustainability Due Diligence Directive: Five Key Questions Answered

On April 24, 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive (CS3D). The directive, which must be formally endorsed by the Council of the European Union (EU) before officially becoming… more

Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility, Due Diligence

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Client Alert: US Supreme Court Opens the Door to More Flexible Personal Jurisdiction Test for Foreign Defendants

The longstanding view of most courts of appeals has been that federal and state courts are bound by the same constitutional standards for the exercise of personal jurisdiction, each requiring the plaintiff to show that the… more

Appeals, Due Process, Fifth Amendment, Foreign Policy, Fourteenth Amendment

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[Ongoing Program] CLE Relay - Session 4 - US Supreme Court Term in Review - June 26th, 12:00 pm - 1:30 pm PDT

This CLE Relay session will discuss recent developments at the Court, as well as high-profile cases from last Term and this Term, including cases addressing agency authority, Presidential immunity, the Second Amendment, and… more

Constitutional Challenges, Continuing Legal Education, Government Agencies, Immunity, Judicial Authority

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The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators… more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

See all updates »

Client Alert: Trump Administration Releases AI Action Plan and Three Executive Orders: Key Implications for Business Strategy

On July 23, 2025, the Trump administration debuted its long-awaited AI Action Plan (the Plan), identifying a range of policies to be implemented across the federal government to “usher in a new golden age of human flourishing,… more

Algorithms, Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors

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Client Alert: Trump Administration Releases AI Action Plan and Three Executive Orders: Key Implications for Business Strategy

On July 23, 2025, the Trump administration debuted its long-awaited AI Action Plan (the Plan), identifying a range of policies to be implemented across the federal government to “usher in a new golden age of human flourishing,… more

Algorithms, Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors

See all updates »

Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: SEC Adopts Amendments Requiring Additional Disclosures about an Issuer’s Share Repurchases

On May 3, 2023, the Securities and Exchange Commission (the SEC) adopted amendments that increase the amount of disclosure an issuer must provide regarding its repurchases of its equity securities that are registered under the… more

Disclosure Requirements, Form 10-K, Form 10-Q, Proposed Amendments, Publicly-Traded Companies

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Client Alert: Latest Supreme Court Term Presents New Challenges for SEC

The Supreme Court’s most recent term has forced the SEC to face new realities regarding its powers. As has been widely publicized, the Supreme Court’s overruling of Chevron in Loper Bright Enterprises v. Raimondo highlighted… more

Administrative Procedure Act, Chevron Deference, Constitutional Challenges, Enforcement Actions, Judicial Authority

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FTC Embarks on Rulemaking to Address Impersonation Fraud

On December 16, 2021, the Federal Trade Commission (FTC) initiated a rulemaking to address government and business impersonation fraud, which involves “[i]mpersonators us[ing] all methods of communication to trick their targets… more

Comment Period, Federal Trade Commission (FTC), Fraud, Identity Theft, NPRM

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate… more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Government Contracts Legal Round-Up – 2024 Issue 13

Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the… more

Bid Protests, Buy American Act, Court of Federal Claims, Department of Defense (DOD), Environmental Protection Agency (EPA)

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Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize… more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

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Client Alert: Under Jarkesy, FERC’s Penalty Assessment Schemes Are Unconstitutional

In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the SEC… more

Civil Monetary Penalty, Energy Sector, Federal Power Act, FERC, Jury Trial

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Enablement Bar for Drug Patents

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. v. Sanofi, 987 F.3d 1080 (CA Fed. 2021). The Court thus left in place a significant CAFC decision making it more… more

Amgen v Sanofi, CAFC, Enablement Inquiries, Patent Litigation, Patents

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The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators… more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

See all updates »

Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: The Rule Is Dead

On Tuesday, President-Elect Trump named Andrew Ferguson as incoming Federal Trade Commission (FTC) Chair. After earning his law degree from the University of Virginia, Mr. Ferguson clerked on the DC Circuit and for Supreme Court… more

Administrative Procedure Act, Dissenting Opinions, Enforcement Actions, Federal Bans, Federal Trade Commission (FTC)

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State Anti-DEI Initiatives Are Gaining Momentum: What Does It Mean for Your Organization?

As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this push-back,… more

Corporate Governance, Diversity and Inclusion Standards (D&I), Florida, Universities

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Illinois Supreme Court Rules in Favor of City of Rolling Meadows in Tax Jurisdiction Case

In a unanimous opinion delivered by Justice O'Brien, the Illinois Supreme Court affirmed that the Illinois Department of Revenue (IDOR) has exclusive jurisdiction over sales tax misallocation disputes between municipalities. The… more

Department of Revenue, Illinois, Jurisdiction, State and Local Government, State Taxes

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As President Trump Announces New Tariffs, Federal Circuit Questions “Breathtaking” Scope of Trump's Claimed Tariff Authority

On August 3, 2025, the US Court of Appeals for the Federal Circuit, sitting en banc, heard nearly two hours of oral argument in V.O.S. Selections, Inc. v. Trump. Argument focused on whether the president has the authority to… more

Constitutional Challenges, En Banc Review, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

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As President Trump Announces New Tariffs, Federal Circuit Questions “Breathtaking” Scope of Trump's Claimed Tariff Authority

On August 3, 2025, the US Court of Appeals for the Federal Circuit, sitting en banc, heard nearly two hours of oral argument in V.O.S. Selections, Inc. v. Trump. Argument focused on whether the president has the authority to… more

Constitutional Challenges, En Banc Review, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

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India Newsletter - June 2025

Here are a few recent legal updates from US and UK of relevance to Indian clients… more

Arbitration, Arbitration Awards, Constitutional Challenges, Department of Justice (DOJ), Executive Orders

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DOJ Revises CFAA Charging Policy to Provide Clarity for Cybersecurity Research and Terms of Use

On May 19, 2022, the Department of Justice (DOJ) issued revisions to its existing policy for charging offenses under the Computer Fraud and Abuse Act (CFAA) (2022 CFAA Policy). The revisions state that “good-faith” security… more

Computer Fraud and Abuse Act (CFAA), Cybersecurity, Data Protection, Department of Justice (DOJ), New Guidance

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Is There a Limit to Insurer Unwillingness to Cover Claims for Unsolicited Marketing Communications? Two Decisions by the Seventh Circuit Suggest the Question in a Unique Way.

Among the many unusual aspects of 2021 is that the same insurance company was before a federal appellate court on two separate but contemporaneous cases – one in which the insurer was asserting a lack of insurance coverage based… more

Commercial General Liability Policies, Consumer Fraud, Contract Interpretation, Denial of Insurance Coverage, Federal Rule 12(b)(6)

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: A New Era in Online Safety: What Global Companies Need to Know About the UK’s Online Safety Act

Over the course of 2025, the United Kingdom’s Online Safety Act (OSA) has been gradually coming into force reshaping the online safety landscape globally. The OSA requires in-scope companies to identify, mitigate, and manage the… more

Compliance, Enforcement Actions, Government Agencies, New Legislation, OFCOM

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Client Alert: Executive Order Aims to Consolidate GWACs at GSA

In late March, the Trump Administration issued executive order “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement,” (“the EO”), which aims to consolidate “domestic Federal procurement” within the General… more

Bid Protests, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

See all updates »

Illinois Civil Practice Guide - 2025 Edition

I. ILLINOIS SUPREME COURT RELEASES POLICY ON AI IN STATE COURTS - The Illinois Supreme Court’s policy on artificial intelligence (AI), effective January 1, 2025, establishes a framework for the responsible integration of AI… more

Artificial Intelligence, Compliance, Legal Ethics, Legal Operations, Legal Technology

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Client Alert: SEC Staff Legal Bulletin 14M Rescinds Prior Staff Guidance and Implements More Company-Friendly Approaches to Shareholder Proposals under Rule 14a-8

On February 12, 2025, the Division of Corporation Finance (Staff) of the US Securities and Exchange Commission (SEC) issued Staff Legal Bulletin No. 14M (SLB 14M) concerning shareholder proposals for public company proxy… more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Proxy Statements, Publicly-Traded Companies

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

English Courts Provide Guidance on Staying Court Proceedings in Favour of Arbitration

English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if… more

Arbitration, Arbitration Agreements, Cayman Islands, EU, International Arbitration

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Client Alert: CFTC Issues New Enforcement Advisory Aiming to Incentivize Self-Reporting and Cooperation

On February 25, 2025, the Division of Enforcement (the “Division”) of the Commodity Futures Trading Commission (the “CFTC” or “Commission”) issued an Enforcement Advisory which quantifies the monetary credit that entities can… more

CFTC, Civil Monetary Penalty, Compliance, Cooperation, Derivatives

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Client Alert: The SFO’s Corporate Guidance: Another Chapter in the SFO’s Playbook

On 24 April 2025, the UK’s Serious Fraud Office ("SFO") launched its updated External Guidance on Corporate Co-operation and Enforcement in relation to Corporate Criminal Offending (“Corporate Guidance”), cementing a bold… more

Bribery, Enforcement, Fraud, Investigations, Self-Reporting

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Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill, the… more

Class Action, Dangerous Condition, Inmates, Lead Poisoning, Prison

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[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and… more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

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Client Alert: Florida’s New Employer-Friendly Noncompete Law Signals That It’s Open for Business

While many states recently have enacted laws making it harder for employers to enforce noncompetes, Florida is bucking the trend by enacting some of the strongest noncompete protections in the country. The newly enacted Florida… more

Compliance, Employees, Employer Responsibilities, Enforcement, Florida

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The Importance of Drafting Precise Earnout Provisions in M&A Transactions

In spring 2019, Pacira Biosciences, Inc. (Pacira) acquired MyoScience, Inc. (MyoScience). At the time of the merger, MyoScience only had one product, called “iovera,” which is a handheld device used primarily for pain relief… more

Acquisitions, Breach of Contract, Centers for Medicare & Medicaid Services (CMS), Contract Disputes, Contract Interpretation

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Unpacking the Supreme Court’s Decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC

Last week, the Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad… more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion, Parody

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Client Alert: “Trump Accounts” – Tax-Advantaged Savings Accounts for Children

On Friday, July 4, President Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (“Big Beautiful Bill”) after narrow approval from both houses of Congress. The legislation extends the Tax Cuts and Jobs Act and enacts… more

401k, Employee Benefits, Employer Liability Issues, Employer Responsibilities, Income Taxes

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Client Alert: Recent Executive Actions on Agency Independence—Not-Quite-Hot Takes for FERC

In a spate of executive orders and other actions over the last several weeks, the new administration has moved to exert unprecedented control over independent regulatory agencies, including the Federal Energy Regulatory… more

Chevron Deference, Constitutional Challenges, Department of Energy (DOE), Department of Government Efficiency (DOGE), Department of Justice (DOJ)

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Client Alert: Executive Order Aims to Consolidate GWACs at GSA

In late March, the Trump Administration issued executive order “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement,” (“the EO”), which aims to consolidate “domestic Federal procurement” within the General… more

Bid Protests, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, General Services Administration (GSA)

See all updates »

Client Alert: The Supreme Court Grants Certiorari in Muldrow v. City of St. Louis: How the Case Could Bolster Attacks Against Corporate DEI Initiatives

On June 30, 2023, just one day after the Supreme Court issued its decision in the Students for Fair Admissions cases striking down race-conscious college admissions programs, the Court agreed to hear a case next Term that could… more

Affirmative Action, Certiorari, Civil Rights Act, College Admissions, Diversity and Inclusion Standards (D&I)

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate… more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Secretary of Education Linda McMahon is Confirmed. What’s Next?

On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed Secretary… more

Civil Rights Act, Department of Education, Diversity and Inclusion Standards (D&I), Enforcement Actions, Executive Orders

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Client Alert: Calling (Some but Not All) Whistleblowers: Understanding SDNY’s New Whistleblower Pilot Program

On January 10, 2024, US Attorney Damian Williams announced a new Whistleblower Pilot Program for the US Attorney’s Office of the Southern District of New York (SDNY). The program is designed to proactively uncover criminal… more

Corporate Misconduct, New York, Reporting Requirements, Self-Disclosure Requirements, State Pilot Programs

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A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s request… more

Antitrust Provisions, Appeals, Competition, Generic Drugs, Injunctive Relief

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Government Contracts Legal Round-Up – 2024 Issue 13

Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the… more

Bid Protests, Buy American Act, Court of Federal Claims, Department of Defense (DOD), Environmental Protection Agency (EPA)

See all updates »

Client Alert: The New ESG Landscape: What Global Companies Need to Know

Companies around the world have an increasingly delicate balancing act when considering environmental, social and governance factors—collectively referred to as “ESG”—in their business decisions. The term “ESG” has become… more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), EU, European Commission

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What Fintechs Need to Know About FinCEN's New Beneficial Ownership Reporting Rule

With the start of the new year, FinCEN’s Beneficial Ownership Reporting Rule (BOI Reporting Rule) came into effect, implementing specific transparency requirements relating to corporate ownership. The BOI Reporting Rule arises… more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Final Rules, Financial Institutions

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Illinois Civil Practice Guide - 2025 Edition

I. ILLINOIS SUPREME COURT RELEASES POLICY ON AI IN STATE COURTS - The Illinois Supreme Court’s policy on artificial intelligence (AI), effective January 1, 2025, establishes a framework for the responsible integration of AI… more

Artificial Intelligence, Compliance, Legal Ethics, Legal Operations, Legal Technology

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Client Alert: SEC Priorities Regarding Cybersecurity Enforcement: What Public Companies Need to Know Now in the Second Trump Administration

The SEC recently announced the creation of a Cyber and Emerging Technologies Unit (CETU) that will focus on fraudulent conduct in cybersecurity, digital assets, and emerging technologies such as artificial intelligence. For… more

Corporate Governance, Cybersecurity, Digital Assets, Disclosure Requirements, Enforcement Actions

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Client Alert: Insuring Against Recent Trend of Antitrust Actions Targeting Pricing Algorithms

Following a 2022 ProPublica article reporting on the use of a third-party software to inflate rents in “a new kind of cartel,” a new wave of antitrust enforcement and class actions targets companies using pricing algorithms,… more

Antitrust Litigation, Antitrust Provisions, Artificial Intelligence, Business Litigation, Class Action

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Client Alert: Trump Administration Releases AI Action Plan and Three Executive Orders: Key Implications for Business Strategy

On July 23, 2025, the Trump administration debuted its long-awaited AI Action Plan (the Plan), identifying a range of policies to be implemented across the federal government to “usher in a new golden age of human flourishing,… more

Algorithms, Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors

See all updates »

Client Alert: DEI on the Defensive—Predictions for 2025

While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take aim… more

Board of Directors, Commercial Litigation, Congressional Investigations & Hearings, Corporate Counsel, Corporate Executives

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Client Alert: CFTC Updates Enforcement Guidance Regarding Monetary Penalties, Third-Party Monitorships, and Admissions of Wrongdoing

In October 2023, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC” or the “Commission”) issued an Enforcement Advisory clarifying the Commission’s approach to negotiated resolutions of enforcement… more

CFTC, Civil Monetary Penalty, Commodity Exchange Act (CEA), Enforcement Actions, Financial Services Industry

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Client Alert: Recent Executive Orders Affecting the Energy Industry

On April 8th and 9th, President Trump issued five executive orders, a presidential proclamation, and a presidential memorandum that directly impact the energy industry. This alert summarizes the key provisions and takeaways… more

Attorney General, Department of Energy (DOE), Energy Policy, Environmental Protection Agency (EPA), Executive Orders

See all updates »

The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators… more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

See all updates »

Client Alert: Trump Administration Releases AI Action Plan and Three Executive Orders: Key Implications for Business Strategy

On July 23, 2025, the Trump administration debuted its long-awaited AI Action Plan (the Plan), identifying a range of policies to be implemented across the federal government to “usher in a new golden age of human flourishing,… more

Algorithms, Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors

See all updates »

Client Alert: Latest Supreme Court Term Presents New Challenges for SEC

The Supreme Court’s most recent term has forced the SEC to face new realities regarding its powers. As has been widely publicized, the Supreme Court’s overruling of Chevron in Loper Bright Enterprises v. Raimondo highlighted… more

Administrative Procedure Act, Chevron Deference, Constitutional Challenges, Enforcement Actions, Judicial Authority

See all updates »

Taking Stock: Russia-Ukraine Sanctions and Export Controls

As we enter the fourth month of Russia’s illegal war on Ukraine, multilateral sanctions actions continue, but at a slower pace. As discussed in our prior February 25, 2022 and March 11, 2022 alerts, following Russia’s invasion… more

Asset Freeze, Economic Sanctions, Export Controls, Imports, Investment

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Client Alert: The English Arbitration Act - Key Changes and Implications for Businesses

On 24 February 2025, the Arbitration Act 2025 received Royal Assent, bringing into effect long-touted amendments to the English Arbitration Act 1996 (the “1996 Act”). This soft-touch reform introduces several changes aimed at… more

Arbitration, Arbitration Agreements, Arbitration Awards, Contract Terms, Dispute Resolution

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Client Alert: Recent Executive Orders Affecting the Energy Industry

On April 8th and 9th, President Trump issued five executive orders, a presidential proclamation, and a presidential memorandum that directly impact the energy industry. This alert summarizes the key provisions and takeaways… more

Attorney General, Department of Energy (DOE), Energy Policy, Environmental Protection Agency (EPA), Executive Orders

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Client Alert: The Future of Payments: Key Trends and Regulatory Challenges

As the fintech and payments industries evolve in 2025, businesses, financial institutions, and regulators must adapt to rapid technological advancements and shifting regulations. The rise of real-time payments, embedded finance,… more

Anti-Money Laundering, Blockchain, Consumer Financial Protection Bureau (CFPB), Cybersecurity, Digital Assets

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Client Alert: What Businesses Operating in the United Kingdom and Europe Need to Know About DEI

In today's increasingly diverse and interconnected business environment, companies that operate on an international scale have often looked to implement policies – including those relating to diversity, equity, and inclusion… more

Diversity and Inclusion Standards (D&I), Employment Discrimination, Enforcement Actions, EU, Executive Orders

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Supreme Court Holds that Mistakes of Both Law and Fact Can Excuse Inaccurate Copyright Registrations

Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., holding 6-3 that a copyright registrant’s lack of knowledge of errors of either law or fact can excuse… more

Copyright, Copyright Applications, Copyright Registration, Intellectual Property Protection, Plain Error

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Client Alert: Takeaways from SEC v. SolarWinds Motion to Dismiss Hearing

The SEC’s high-profile litigation against SolarWinds and its Chief Information Security Officer (CISO), Timothy Brown, reached a critical juncture on May 15, 2024, when the parties presented oral arguments before Judge Paul A… more

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Disclosure Requirements, Motion to Dismiss

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Client Alert: The SFO’s Corporate Guidance: Another Chapter in the SFO’s Playbook

On 24 April 2025, the UK’s Serious Fraud Office ("SFO") launched its updated External Guidance on Corporate Co-operation and Enforcement in relation to Corporate Criminal Offending (“Corporate Guidance”), cementing a bold… more

Bribery, Enforcement, Fraud, Investigations, Self-Reporting

See all updates »

Federal Court Blocks Implementation California’s New Age-Appropriate Design Code Act

On September 18, 2023, a California federal court granted a request to block enforcement of the California Age-Appropriate Design Code Act (“CAADCA”), a law with the stated goal of protecting children when they are online… more

California, COPPA, Internet, New Legislation, Online Platforms

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Client Alert: US Supreme Court Clarifies Availability of US Forum for Victims of Foreign State Expropriation

On February 21, 2025, the Supreme Court issued its decision in Republic of Hungary v. Simon, holding that allegations of commingling of funds alone cannot satisfy the US commercial nexus requirement of the expropriation… more

Commercial Litigation, Dispute Resolution, Expropriation, Foreign Relations, International Arbitration

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Client Alert: Delaware Court of Chancery Defines Controlling Stockholder Fiduciary Duties: In Re Sears Hometown and Outlet Stores, Inc. Stockholder Litigation

When do controlling stockholders, exercising their voting power or selling stock, owe fiduciary duties to a Delaware corporation and its minority stockholders? This thorny question in corporate law may have a new answer… more

Bylaws, Controlling Stockholders, Delaware General Corporation Law, Fiduciary Duty, Shareholder Litigation

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Client Alert: US Tax Legislation

The US House and Senate are negotiating toward a July 4, 2025 deadline for the next massive US tax legislation. Current proposals are designed to continue many of the business-friendly provisions of President Trump’s 2017 tax… more

Bonus Depreciation, Clean Energy, Congressional Committees, Corporate Taxes, Deadlines

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Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part… more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

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Do Your ESG Disclosures Need Leveling Up? Leading Video Game Company Faces SEC Investigation into Its Harassment and Discrimination Disclosures as It Reaches $18 Million Settlement with EEOC

Recent activity by two federal regulators underscores an increasingly obvious reality: when a company is confronted with harassment and discrimination complaints, government agencies will scrutinize its response and may bring… more

Activision, Compliance Management Systems, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Government Contracts Legal Round-Up – 2024 Issue 13

Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the… more

Bid Protests, Buy American Act, Court of Federal Claims, Department of Defense (DOD), Environmental Protection Agency (EPA)

See all updates »

Client Alert: New DOJ Civil Rights False Claims Act Initiative: Announcing Intent for Aggressive Fraud Enforcement of Administration’s Positions on Civil Rights

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act… more

Colleges, Department of Justice (DOJ), Educational Institutions, Enforcement Actions, Executive Orders

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Client Alert: Navigating the 2025 Regulatory Landscape: FCC Impact on Communications, Internet, and Technology Sector

As the Trump administration prepares to return to power in 2025, the communications and technology sectors are bracing for significant regulatory shifts, with experts predicting major changes in areas ranging from spectrum… more

Congressional Authority, Critical Infrastructure Sectors, FCC, Internet, Legislative Agendas

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Client Alert: “Stable, as She Goes”: The Cryptocurrency Industry’s Steady Start to a New Congress

A few months ago, in our client alert titled “Mr. Bitcoin Goes to Washington,” we discussed the cryptocurrency industry’s significant political resurgence in the wake of the 2024 election. We not only forecasted a more… more

Bitcoin, Cryptocurrency, Digital Assets, Enforcement Actions, Legislative Agendas

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SEC Enforcement Division's ESG Task Force "Lifts the Vale" on Its Scrutiny of ESG Disclosures

Since early 2021, the SEC has emphasized that ESG-related issues are important to investors and a key SEC disclosure and enforcement priority. Although the agency’s heightened focus on these issues led to the recent proposal for… more

Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG)

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Client Alert: Chain Reaction: Understanding the Impact of the UK Court of Appeal’s Judgment on Uyghur Cotton on the Global Supply Chain Accountability Framework

On 27 June 2024, the UK Court of Appeal upheld an action by international NGO, World Uyghur Congress, and found that the National Crime Agency had acted unlawfully in deciding not to open a money laundering investigation into… more

EU, Human Rights, Investigations, Money Laundering, Supply Chain

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[Ongoing Program] CLE Relay – Session 1 – Inputs and Outputs: The State of Play in Year Two of Generative AI - May 10th, 10:00 am - 11:00 am PDT

This CLE will cover new developments and challenges associated with the now-widespread use of generative AI. Among other things, it will cover new generative AI capabilities, litigation, legislative, and regulatory developments,… more

Artificial Intelligence, Continuing Legal Education, Legislative Agendas, Regulatory Agenda, Risk Assessment

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Client Alert: First Circuit Parses Underlying Complaint to Find Duty to Defend and to Defeat Exclusions

The duty of a liability insurer to defend a policyholder from litigation is typically described as broad and expansive, extending beyond the insurer’s duty to indemnify. The duty to defend generally obliges an insurer to defend… more

Appeals, Bad Faith, Contract Interpretation, Duty to Defend, Insurance Industry

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Client Alert: What to Expect of Crypto Asset Regulation in the 118th Congress

In 2022, the failures of prominent crypto companies overshadowed broader discussions in Congress about how crypto assets should be regulated. This Congress, both chambers are likely to continue to investigate, hold hearings, and… more

Cryptoassets, Cryptocurrency, Digital Assets, Financial Services Industry, Legislative Agendas

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Biden Blocks Nippon Steel Deal, but CFIUS Expected to Continue Clearing Japanese Investments in the United States

On January 3, 2025, US President Joe Biden published an order blocking Nippon Steel’s proposed acquisition of US Steel, citing the Committee on Foreign Investment in the United States’ (CFIUS) finding that the deal would “place… more

Acquisitions, Biden Administration, CFIUS, Department of Justice (DOJ), Foreign Investment

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Client Alert: Latest Developments in California Privacy Enforcement in March 2025 – Investigative Sweep and CPPA Enforcement Action

California has again made headlines this week with two notable data privacy developments under the California Consumer Privacy Act (“CCPA”): (1) the California Attorney General’s (“California AG”) announcement of a new… more

California, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights

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Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part… more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

See all updates »

Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: Navigating the 2025 Regulatory Landscape: FCC Impact on Communications, Internet, and Technology Sector

As the Trump administration prepares to return to power in 2025, the communications and technology sectors are bracing for significant regulatory shifts, with experts predicting major changes in areas ranging from spectrum… more

Congressional Authority, Critical Infrastructure Sectors, FCC, Internet, Legislative Agendas

See all updates »

Client Alert: Ripple, and Terra, and Coinbase, Oh My!

Three federal judges in the Southern District of New York sit at the center of the long-running battle between the SEC and the crypto industry, overseeing cases that may eventually bring clarity to the industry. After two recent… more

Blockchain, Buyers, Coinbase, Cryptocurrency, Digital Assets

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Client Alert: US Copyright Office Releases “Pre-Publication Version” of Report on Copyright Issues in Generative AI Training

On May 9, 2025, the US Copyright Office released a “pre-publication version” of Part 3 of its report on Copyright and Artificial Intelligence (the Report). This much-anticipated Report focuses on use of copyrighted works in the… more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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Validity of Stockholder Agreements with Delaware Corporations

Effective August 1, 2024, the Delaware General Corporation Law (“DGCL”) was amended to include a new Section 122(18), pursuant to which corporations are expressly permitted to enter into contracts that: 1. restrict or… more

Board of Directors, Business Entities, Contract Terms, Corporate Governance, Delaware

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Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency… more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

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Client Alert: Recent Executive Actions on Agency Independence—Not-Quite-Hot Takes for FERC

In a spate of executive orders and other actions over the last several weeks, the new administration has moved to exert unprecedented control over independent regulatory agencies, including the Federal Energy Regulatory… more

Chevron Deference, Constitutional Challenges, Department of Energy (DOE), Department of Government Efficiency (DOGE), Department of Justice (DOJ)

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Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate DEI Programs

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice… more

Bias, College Admissions, Colleges, Discrimination, Diversity

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Client Alert: Navigating the 2025 Regulatory Landscape: FCC Impact on Communications, Internet, and Technology Sector

As the Trump administration prepares to return to power in 2025, the communications and technology sectors are bracing for significant regulatory shifts, with experts predicting major changes in areas ranging from spectrum… more

Congressional Authority, Critical Infrastructure Sectors, FCC, Internet, Legislative Agendas

See all updates »

Client Alert: Navigating the EWA Regulatory Landscape

I. Introduction: EWA on the Precipice - The increasing use of earned wage access (“EWA”) by workers in the United States and around the world has helped to bring financial flexibility to many previously constrained by the… more

Advisory Opinions, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency, Employer Liability Issues

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Taking Stock: Russia-Ukraine Sanctions and Export Controls

As we enter the fourth month of Russia’s illegal war on Ukraine, multilateral sanctions actions continue, but at a slower pace. As discussed in our prior February 25, 2022 and March 11, 2022 alerts, following Russia’s invasion… more

Asset Freeze, Economic Sanctions, Export Controls, Imports, Investment

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Client Alert: Describing the Collaborative Process for Divorcing in Illinois

Widely adopted in the United States, Canada, and many other countries, the Collaborative Process used in Illinois is a values-driven, private, out-of-court alternative to the traditional litigation model for divorce, often… more

Collaborative Divorce, Dispute Resolution, Divorce, Family Law Courts, Illinois

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: SEC’s Approach to Enforcement After Cyber Incidents: Key Takeaways for Public Companies from a Recent Speech

Last month, Gurbir Grewal, the Director of the SEC’s Division of Enforcement, spoke at the Financial Times Cyber Resilience Summit. During the remarks, he outlined the importance of cybersecurity and signaled that the SEC is… more

Amended Rules, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Protection

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Enablement Bar for Drug Patents

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. v. Sanofi, 987 F.3d 1080 (CA Fed. 2021). The Court thus left in place a significant CAFC decision making it more… more

Amgen v Sanofi, CAFC, Enablement Inquiries, Patent Litigation, Patents

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Client Alert: DOJ Continues Its Trend of Strengthening Incentives to Report Corporate Misconduct

Just over a month after Deputy Attorney General Lisa Monaco announced the upcoming launch of the Department of Justice’s whistleblower rewards program, the DOJ Criminal Division unveiled its newest program to incentivize… more

Corporate Crimes, Corporate Governance, Corporate Misconduct, Criminal Convictions, Criminal Investigations

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Inclusion of Microplastics in the Sixth Unregulated Contaminant Monitoring Rule?

According to a Law360 article, U.S. EPA said in a statement to Law360 that it’s reviewing a November 2024 petition from 175 environmental groups to include microplastics in the Sixth Unregulated Contaminant Monitoring Rule (UCMR… more

California, Contamination, Environmental Policies, Environmental Protection Agency (EPA), Plastics

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Client Alert: Trump Administration Releases AI Action Plan and Three Executive Orders: Key Implications for Business Strategy

On July 23, 2025, the Trump administration debuted its long-awaited AI Action Plan (the Plan), identifying a range of policies to be implemented across the federal government to “usher in a new golden age of human flourishing,… more

Algorithms, Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors

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Premerger Enforcement Actions Highlight Importance of HSR Compliance

Cases involving premerger enforcements under the Hart-Scott-Rodino (HSR) Act are relatively rare. So far in 2025, however, we have seen two such cases involving potentially record-breaking penalties. The timing is notable, as… more

Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ), Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Amicus Brief Filed on Behalf of the Fort Mojave Indian Tribe Urging SCOTUS to Protect Tribal Sovereignty

Jenner & Block filed an amicus brief before the Supreme Court of the United States on behalf of the Fort Mojave Indian Tribe in South Point Energy Center LLC v. Arizona Department of Revenue. The brief calls on the Court to… more

Amicus Briefs, Arizona, Constitutional Challenges, Litigation Strategies, Native American Issues

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Client Alert: Title IX, “Gender Ideology,” and Recent Enforcement Activity: What Higher Education Institutions Need to Know

Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an… more

Department of Education, Discrimination, Educational Institutions, Enforcement Actions, Enforcement Priorities

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate… more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Failure to Prevent Fraud – What Do You Need to Know About the New Corporate Offence? (Part 2)

On 11 April 2023, the UK Home Office tabled an amendment to the Economic Crime and Corporate Transparency Bill (the Bill), which is currently making its way through the UK Parliament. The amendment introduces a much anticipated… more

Bribery, Corporate Crimes, Corporate Governance, Corporate Transparency Act, Criminal Liability

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Client Alert: Navigating GDPR Transparency: Insights from the Upper Tribunal in the Appeal Against Experian

In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had… more

Appeals, Data Privacy, Data Processors, Experian, General Data Protection Regulation (GDPR)

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[Ongoing Program] CLE Relay - Session 4 - US Supreme Court Term in Review - June 26th, 12:00 pm - 1:30 pm PDT

This CLE Relay session will discuss recent developments at the Court, as well as high-profile cases from last Term and this Term, including cases addressing agency authority, Presidential immunity, the Second Amendment, and… more

Constitutional Challenges, Continuing Legal Education, Government Agencies, Immunity, Judicial Authority

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: Week One’s DEI Executive Orders: What Higher Education Institutions Need to Know

As anticipated, the second Trump Administration began with the release of numerous executive orders. In this client alert, part of Jenner & Block’s “First 100 Days” series, we unpack three orders that target diversity, equity,… more

Affirmative Action, Civil Rights Act, Department of Justice (DOJ), Department of Labor (DOL), Diversity and Inclusion Standards (D&I)

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Client Alert: Tariffs on Trial: The Legal Issues Raised by New Tariffs on Canada, Mexico, and China

Shortly after taking office, President Trump announced sweeping tariffs on several trading partners, including Canada, Mexico, and China, with plans to also impose tariffs on the European Union. This client alert unpacks those… more

Canada, China, EU, International Emergency Economic Powers Act (IEEPA), International Trade

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Reporting Requirements under the Corporate Transparency Act

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

Beneficial Owner, Corporate Transparency Act, Doing Business, Filing Requirements, FinCEN

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Client Alert: US Copyright Office Issues Report on Copyrightability of Works Incorporating AI-Generated Material

On January 29, 2025, the US Copyright Office issued a long-awaited report on the copyrightability of works consisting of or incorporating material generated by artificial intelligence (AI) systems. The report is broadly… more

Artificial Intelligence, Authors, Copyright, Copyright Litigation, Copyright Ownership

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Client Alert: Navigating the 2025 Regulatory Landscape: FCC Impact on Communications, Internet, and Technology Sector

As the Trump administration prepares to return to power in 2025, the communications and technology sectors are bracing for significant regulatory shifts, with experts predicting major changes in areas ranging from spectrum… more

Congressional Authority, Critical Infrastructure Sectors, FCC, Internet, Legislative Agendas

See all updates »

Client Alert: OFAC Casts Wide Net with Sanctions Against Russia-Linked Indian Targets

On October 30, 2024, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned 19 Indian private sector entities and two Indian nationals for facilitating the circumvention and evasion of US… more

Exports, Importers, Imports, Office of Foreign Assets Control (OFAC), Popular

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Client Alert: DOJ Launches Its Corporate Whistleblower Awards Pilot Program

On August 1, 2024, the Department of Justice (DOJ) officially launched its three-year corporate whistleblower awards pilot program (Whistleblower Program), adding to the growing array of programs designed to incentivize… more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs, Regulatory Requirements

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As President Trump Announces New Tariffs, Federal Circuit Questions “Breathtaking” Scope of Trump's Claimed Tariff Authority

On August 3, 2025, the US Court of Appeals for the Federal Circuit, sitting en banc, heard nearly two hours of oral argument in V.O.S. Selections, Inc. v. Trump. Argument focused on whether the president has the authority to… more

Constitutional Challenges, En Banc Review, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

See all updates »

New EPA Proposal Targets Rollback of Power Plant Emissions Rules

Two weeks ago, the Environmental Protection Agency (EPA) released its proposed repeal of the rules governing greenhouse gas emissions from fossil fuel-fired power plants. Included within the proposal is a new legal… more

Air Pollution, Clean Air Act, Environmental Protection Agency (EPA), Fossil Fuel, Greenhouse Gas Emissions

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[Ongoing Program] CLE Relay - Session 2 - Protecting Privilege in Times of Crisis - June 6th, 10:00 am - 11:00 am PDT

This one-hour Ethics CLE program will cover the challenges to attorney-client privilege that may arise during a corporate crisis, including tips to communicate with attorneys and outside consultants, invoking the common interest… more

Attorney-Client Privilege, Common-Interest Privilege, Continuing Legal Education, Crisis Management, Implied Waivers

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Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the… more

Annual Reports, Climate Action Plan, Climate Change, Corporate Governance, Disclosure Requirements

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Changes to California Consumer Law Protections on January 1, 2022

Effective January 1, 2022, California implemented several important changes to its consumer protection laws, ranging from data privacy to debt collection to updates to the Consumer Legal Remedies Act… more

California Privacy Rights Act (CPRA), CLRA, Consumer Financial Products, Consumer Privacy Rights, Data Collection

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[Ongoing Program] CLE Relay - Session 5 - Navigating 2025 Public Company Legal and Regulatory Risks in a Shifting Economic Landscape - June 27th, 10:00 am - 11:00 am PDT

Jenner’s Public Company Advisory Group offers a multidisciplinary overview of the key legal, regulatory, and compliance issues public companies are facing in 2025, including the impact of economic uncertainty and an… more

Business Strategies, Continuing Legal Education, Corporate Governance, Disclosure Requirements, Executive Compensation

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New EU Data Act to Extend Protections to Non-Personal Data

On 23 February 2022, the European Commission published its draft Data Act (the Act). The aim of the Act is to “ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven… more

Cybersecurity, Data Protection, Draft Implementation Regulations, EU, European Commission

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Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part… more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

See all updates »

Client Alert: Shareholders Pose Growing Risks to Companies’ DEI Initiatives

Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert… more

Board of Directors, Corporate Governance, Corporate Social Responsibility, Diversity, Diversity and Inclusion Standards (D&I)

See all updates »

Client Alert: The Future of Pharmaceutical Advertising on Television: Legal and Regulatory Considerations

The debate over pharmaceutical advertising on television has resurfaced with renewed vigor, among populist conservatives and activists, such as Charlie Kirk, who have advocated for regulatory intervention, and from Robert F… more

Advertising, Broadcasting, Constitutional Challenges, Enforcement Actions, FCC

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Client Alert: Byte-Sized Steps – Navigating the Biden Executive Order on AI and Other Recent Developments in AI Regulation

On October 30, 2023, President Biden signed the Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (the “Federal AI Executive Order”), a long-awaited executive order that builds upon the Biden… more

Anti-Discrimination Policies, Artificial Intelligence, Biden Administration, Competition, Cybersecurity

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Client Alert: Fifth Circuit Holds It Lacks Subject Matter Jurisdiction to Review False Claims Act Retaliation Claim by Former Contractor Employee

In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the Fifth… more

Appeals, False Claims Act (FCA), Federal Contractors, Former Employee, Retaliation

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Potential Impacts of Chevron’s Overruling on Tribal Interests

On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set off… more

Administrative Procedure Act, Chevron Deference, Government Agencies, Judicial Authority, Loper Bright Enterprises v Raimondo

See all updates »

Client Alert: Bondi DOJ Pivots on Approach to National Security Enforcement

On February 5, 2025, in one of her first actions as the nation’s chief law enforcement official, Attorney General Pam Bondi issued several new memoranda that significantly refocus US Department of Justice (DOJ) national security… more

Criminal Prosecution, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions, Export Controls

See all updates »

Client Alert: A New Era for Immigration Policy and Enforcement: Five Key Issues Affecting Higher Education Institutions - The First 100 Days: Higher Education

With a promise to deliver the “largest deportation” in the history of the United States, President Trump’s 2024 campaign foreshadowed a new era of immigration policy and enforcement. The first two weeks of the second Trump… more

Citizenship, DACA, Department of Homeland Security (DHS), Department of Justice (DOJ), Enforcement Actions

See all updates »

Client Alert: Proposed Changes to Higher Education Financial and Tax Policy: What Colleges and Universities Need to Know

Both Congress and the White House have sought to introduce new financial restrictions for institutions of higher education, building on efforts made during President Trump’s first term. These proposed restrictions include limits… more

Colleges, Educational Institutions, Endowment Funds, Higher Education Act, New Legislation

See all updates »

Government Contracts Legal Round-Up – 2024 Issue 13

Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the… more

Bid Protests, Buy American Act, Court of Federal Claims, Department of Defense (DOD), Environmental Protection Agency (EPA)

See all updates »

Client Alert: A New Era for Immigration Policy and Enforcement: Five Key Issues Affecting Higher Education Institutions - The First 100 Days: Higher Education

With a promise to deliver the “largest deportation” in the history of the United States, President Trump’s 2024 campaign foreshadowed a new era of immigration policy and enforcement. The first two weeks of the second Trump… more

Citizenship, DACA, Department of Homeland Security (DHS), Department of Justice (DOJ), Enforcement Actions

See all updates »

SCOTUS Overrules Roe v. Wade: Part II: Outlining the Threat to Reproductive Rights Across the United States

On June 24, 2022, the Supreme Court issued its opinion in Dobbs v. Jackson Women's Health Organization. Authored by Justice Alito, the decision held that the Constitution does not grant a right to abortion (5-4), overturning the… more

Abortion, Dobbs v. Jackson Women’s Health Organization, Equal Protection, Healthcare, Patient Access

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Client Alert: FAR 2.0: Executive Order Aims to Rewrite the Federal Acquisition Regulation

On April 15, 2025, the Trump Administration issued executive order “Restoring Common Sense to Federal Procurement,” (the EO), which aims to overhaul the Federal Acquisition Regulation (FAR) “to create the most agile, effective,… more

Contract Terms, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Government Agencies

See all updates »

[Ongoing Program] CLE Relay - Session 4 - US Supreme Court Term in Review - June 26th, 12:00 pm - 1:30 pm PDT

This CLE Relay session will discuss recent developments at the Court, as well as high-profile cases from last Term and this Term, including cases addressing agency authority, Presidential immunity, the Second Amendment, and… more

Constitutional Challenges, Continuing Legal Education, Government Agencies, Immunity, Judicial Authority

See all updates »

Client Alert: New DOJ Civil Rights False Claims Act Initiative: Announcing Intent for Aggressive Fraud Enforcement of Administration’s Positions on Civil Rights

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act… more

Colleges, Department of Justice (DOJ), Educational Institutions, Enforcement Actions, Executive Orders

See all updates »

Client Alert: Key Takeaways from the Motion to Dismiss Ruling in SEC v. SolarWinds et al.

The SEC’s high-profile litigation against SolarWinds and its Chief Information Security Officer (CISO), Timothy G. Brown, reached a critical turning point on July 18, 2024, when a district court in the Southern District of New… more

Chief Information Security Officer (CISO), Cyber Attacks, Cybersecurity, Data Privacy, Disclosure Requirements

See all updates »

Client Alert: US Supreme Court Opens the Door to More Flexible Personal Jurisdiction Test for Foreign Defendants

The longstanding view of most courts of appeals has been that federal and state courts are bound by the same constitutional standards for the exercise of personal jurisdiction, each requiring the plaintiff to show that the… more

Appeals, Due Process, Fifth Amendment, Foreign Policy, Fourteenth Amendment

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California Supreme Court Opens Door for Nonprofits to Sue for Anticompetitive Practices

On July 18, 2023, the California Supreme Court held as a matter of first impression that a public interest advocacy organization maintains standing to bring claims under the Unfair Competition Law (“UCL”), if it has incurred… more

Aetna, Anti-Competitive, Anticompetitive Behavior, Appeals, CA Supreme Court

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Potential Impacts of Chevron’s Overruling on Tribal Interests

On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set off… more

Administrative Procedure Act, Chevron Deference, Government Agencies, Judicial Authority, Loper Bright Enterprises v Raimondo

See all updates »

Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of… more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

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Client Alert: The Trump Administration Calls for a Pause on New FCPA Enforcement, but Don’t Abandon Compliance Programs Just Yet

In an executive order issued on February 10, 2025 (Executive Order), and a memorandum issued by Attorney General Pam Bondi regarding cartels and transnational criminal organizations on February 5, 2025 (Cartel Memo), the Trump… more

Anti-Corruption, Attorney General, Compliance, Corruption, Department of Justice (DOJ)

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Client Alert: Access to Mifepristone Still Standing for Now, but Questions Remain

On Thursday morning, the Supreme Court issued its decision in FDA v. Alliance for Hippocratic Medicine. Justice Kavanaugh wrote for a unanimous Court dismissing the Alliance for Hippocratic Medicine from the case for lack of… more

Abortion, Alliance for Hippocratic Medicine v Food and Drug Administration, Article III, FDA Approval, Food and Drug Administration (FDA)

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State Anti-DEI Initiatives Are Gaining Momentum: What Does It Mean for Your Organization?

As universities and corporations across America have expanded their diversity, equity, and inclusion (DEI) efforts in recent years, some states are pushing back. Florida and its governor, Ron DeSantis, have led this push-back,… more

Corporate Governance, Diversity and Inclusion Standards (D&I), Florida, Universities

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment… more

Administrative Procedure Act, Congressional Review Act, Cost Allocation, Electricity, Energy Sector

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Client Alert: SEC Staff Legal Bulletin 14M Rescinds Prior Staff Guidance and Implements More Company-Friendly Approaches to Shareholder Proposals under Rule 14a-8

On February 12, 2025, the Division of Corporation Finance (Staff) of the US Securities and Exchange Commission (SEC) issued Staff Legal Bulletin No. 14M (SLB 14M) concerning shareholder proposals for public company proxy… more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Proxy Statements, Publicly-Traded Companies

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Client Alert: The Department of Health and Human Services Issues HIPAA Final Rule Providing Additional Reproductive Health Safeguards

On April 26, 2024, the Department of Health and Human Services (HHS) published the final HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule). The Final Rule became effective June 25, 2024… more

Covered Entities, Department of Health and Human Services (HHS), Final Rules, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s request… more

Antitrust Provisions, Appeals, Competition, Generic Drugs, Injunctive Relief

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Client Alert: A New Era in Online Safety: What Global Companies Need to Know About the UK’s Online Safety Act

Over the course of 2025, the United Kingdom’s Online Safety Act (OSA) has been gradually coming into force reshaping the online safety landscape globally. The OSA requires in-scope companies to identify, mitigate, and manage the… more

Compliance, Enforcement Actions, Government Agencies, New Legislation, OFCOM

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The First 150 Days: Executive Orders and Public Land Development

After 150 days in office, President Trump has signed executive orders on a pace of more than one per day. An emerging priority of the administration is increasing the use of federal land for resource production. This post… more

Coal Industry, Deregulation, Energy Policy, Energy Sector, Executive Orders

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Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The case… more

Anti-Competitive, Criminal Conspiracy, Department of Justice (DOJ), Employees, Employer Liability Issues

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DOJ Announces New Whistleblower Rewards Program and Enhanced Focus on AI-Related Risks

The Department of Justice (DOJ) recently announced two new measures to enhance its corporate criminal enforcement efforts: a whistleblower rewards program and updated guidance under which federal prosecutors will assess risks… more

Artificial Intelligence, Corporate Crimes, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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Client Alert: New DOJ Civil Rights False Claims Act Initiative: Announcing Intent for Aggressive Fraud Enforcement of Administration’s Positions on Civil Rights

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act… more

Colleges, Department of Justice (DOJ), Educational Institutions, Enforcement Actions, Executive Orders

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Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of… more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

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Illinois Civil Practice Guide - 2023 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A… more

Coronavirus/COVID-19, Illinois, Remote Proceedings

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Client Alert: A New Era in Online Safety: What Global Companies Need to Know About the UK’s Online Safety Act

Over the course of 2025, the United Kingdom’s Online Safety Act (OSA) has been gradually coming into force reshaping the online safety landscape globally. The OSA requires in-scope companies to identify, mitigate, and manage the… more

Compliance, Enforcement Actions, Government Agencies, New Legislation, OFCOM

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Client Alert: FAR 2.0: Executive Order Aims to Rewrite the Federal Acquisition Regulation

On April 15, 2025, the Trump Administration issued executive order “Restoring Common Sense to Federal Procurement,” (the EO), which aims to overhaul the Federal Acquisition Regulation (FAR) “to create the most agile, effective,… more

Contract Terms, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors, Government Agencies

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[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and… more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

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Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid, finding… more

Administrative Procedure Act, Ambiguous, Appeals, Chevron Deference, Department of Labor (DOL)

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

[Ongoing Program] CLE Relay - Session 4 - US Supreme Court Term in Review - June 26th, 12:00 pm - 1:30 pm PDT

This CLE Relay session will discuss recent developments at the Court, as well as high-profile cases from last Term and this Term, including cases addressing agency authority, Presidential immunity, the Second Amendment, and… more

Constitutional Challenges, Continuing Legal Education, Government Agencies, Immunity, Judicial Authority

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Client Alert: CFTC Issues New Enforcement Advisory Aiming to Incentivize Self-Reporting and Cooperation

On February 25, 2025, the Division of Enforcement (the “Division”) of the Commodity Futures Trading Commission (the “CFTC” or “Commission”) issued an Enforcement Advisory which quantifies the monetary credit that entities can… more

CFTC, Civil Monetary Penalty, Compliance, Cooperation, Derivatives

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Client Alert: The SFO’s Corporate Guidance: Another Chapter in the SFO’s Playbook

On 24 April 2025, the UK’s Serious Fraud Office ("SFO") launched its updated External Guidance on Corporate Co-operation and Enforcement in relation to Corporate Criminal Offending (“Corporate Guidance”), cementing a bold… more

Bribery, Enforcement, Fraud, Investigations, Self-Reporting

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Client Alert: The Case for Compliance: Why UK and EU Businesses Should Continue to Invest in Their Compliance Programs

On 20 March 2025, enforcement agencies from the UK, France and Switzerland affirmed their shared commitment to tackling international bribery and corruption and founded a new taskforce to strengthen collaboration. Director of… more

Anti-Corruption, Bribery, Compliance, Corporate Governance, Enforcement Actions

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Client Alert: Affirmative Action: What Did We Learn from the Oral Argument and What’s Next?

Yesterday, the US Supreme Court heard oral argument in two cases—Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina—concerning the… more

Affirmative Action, College Admissions, Diversity and Inclusion Standards (D&I), Race Discrimination, SCOTUS

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US Supreme Court Permits Foreign Plaintiff to Bring RICO Suit for Evading Attempts to Enforce an International Arbitral Award

The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO is a powerful statute that allows recovery of treble damages and attorneys’ fees… more

Arbitration Awards, Domestic Injury, Extraterritoriality Rules, Foreign Arbitral Awards, Foreign Judgments

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

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Energy Infrastructure Funding Opportunities under the Infrastructure Law and Inflation Reduction Act

The Infrastructure Investment and Jobs Act (IIJA), signed into law in November 2021, and the Inflation Reduction Act (IRA), signed into law in August 2022, are both recent landmark climate-related legislation aimed at… more

Clean Energy, Climate Change, Energy Projects, Energy Sector, Funding

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Client Alert: Trump Administration Releases AI Action Plan and Three Executive Orders: Key Implications for Business Strategy

On July 23, 2025, the Trump administration debuted its long-awaited AI Action Plan (the Plan), identifying a range of policies to be implemented across the federal government to “usher in a new golden age of human flourishing,… more

Algorithms, Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Government Contracts Legal Round-Up – 2024 Issue 13

Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the… more

Bid Protests, Buy American Act, Court of Federal Claims, Department of Defense (DOD), Environmental Protection Agency (EPA)

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Client Alert: A Minimum is Not a Maximum: The Texas Supreme Court Rejects a Common Insurer Tactic to Reduce Additional Insured Coverage

It is an all-too-common scenario for insurance practitioners. Company A hires an independent contractor to perform work on its premises. Their agreement specifies that Contractor will procure liability insurance—often described… more

Commercial General Liability Policies, Contract Terms, Independent Contractors, Insurance Industry, Insurance Litigation

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Amicus Brief Urges Ohio Supreme Court to Hear Appeal in High-Profile Case about First Amendment Protections

Jenner & Block filed an amicus brief on behalf of the NAACP and the Ohio State Chapter of the NAACP urging the Ohio Supreme Court to hear Oberlin College’s appeal in Gibson Bros, Inc., et al., v. Oberlin. Oberlin is seeking… more

Amicus Briefs, Defamation, First Amendment, Free Speech, Freedom of Association

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Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the… more

Abortion, Dobbs v. Jackson Women’s Health Organization, EMTALA, Health Care Providers, Healthcare

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Client Alert: Trump Administration Releases AI Action Plan and Three Executive Orders: Key Implications for Business Strategy

On July 23, 2025, the Trump administration debuted its long-awaited AI Action Plan (the Plan), identifying a range of policies to be implemented across the federal government to “usher in a new golden age of human flourishing,… more

Algorithms, Artificial Intelligence, Executive Orders, Export Controls, Federal Contractors

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Illinois Civil Practice Guide - 2022 Edition

THE COVID-19 PANDEMIC’S IMPACT ON CIVIL PRACTICE The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois. Since March 2020, the Governor of Illinois and Illinois courts of all levels have implemented… more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

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Client Alert: The State of the Insurance Market for Cyber Incidents — Important Developments from 2023 and Looking Ahead in 2024

As businesses have increasingly recognized the importance of obtaining insurance coverage specific to cyber incidents, so too have insurers increasingly recognized the risks inherent in providing such coverage - particularly… more

Cyber Incident Reporting, Cyber Insurance, Cybersecurity, Insurance Industry, Policy Terms

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Client Alert: Navigating GDPR Transparency: Insights from the Upper Tribunal in the Appeal Against Experian

In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had… more

Appeals, Data Privacy, Data Processors, Experian, General Data Protection Regulation (GDPR)

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Client Alert: Title IX, “Gender Ideology,” and Recent Enforcement Activity: What Higher Education Institutions Need to Know

Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an… more

Department of Education, Discrimination, Educational Institutions, Enforcement Actions, Enforcement Priorities

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Embracing the Winds of Change Through Investments in the United States’ Energy Future

At a time of growing concern over fossil fuel availability, climate change and energy grid security, the Corporate Environmental Lawyer is taking a moment during Earth Day 2022 to look towards our nation’s investment into… more

Clean Energy, Climate Action Plan, Climate Change, Energy Policy, Energy Projects

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Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a prominent… more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

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Defending Transgender Youth Rights with Lambda Legal and the ACLU

Jenner & Block filed an amicus brief in Travis County, Texas in Doe v. Abbott on behalf of Professor Ron Beal, a Texas administrative law expert, in support of the plaintiffs’ application for a temporary injunction and as part… more

American Civil Liberties Union (ACLU), Amicus Briefs, Child Abuse, Governor Abbott, Injunctions

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Client Alert: SEC Priorities Regarding Cybersecurity Enforcement: What Public Companies Need to Know Now in the Second Trump Administration

The SEC recently announced the creation of a Cyber and Emerging Technologies Unit (CETU) that will focus on fraudulent conduct in cybersecurity, digital assets, and emerging technologies such as artificial intelligence. For… more

Corporate Governance, Cybersecurity, Digital Assets, Disclosure Requirements, Enforcement Actions

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Court Denies Google’s Bid to Compel Arbitration Four Years into Litigation

A California federal judge recently denied Google’s motion to arbitrate a class action lawsuit. The lawsuit alleged that Google violated privacy statutes by concealing the fact that Google-Assistant-enabled devices could… more

Arbitration, Arbitration Agreements, Class Action, Google, International Arbitration

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Client Alert: The Trump Administration Calls for a Pause on New FCPA Enforcement, but Don’t Abandon Compliance Programs Just Yet

In an executive order issued on February 10, 2025 (Executive Order), and a memorandum issued by Attorney General Pam Bondi regarding cartels and transnational criminal organizations on February 5, 2025 (Cartel Memo), the Trump… more

Anti-Corruption, Attorney General, Compliance, Corruption, Department of Justice (DOJ)

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Recent Developments in Bankruptcy Law, July 2023

1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Bankruptcy court properly enjoins actions against nondebtor entity after divisional merger. The debtor was the product of a divisional merger under Texas law, which… more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7

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Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the FTC’s… more

Automated Decision Systems (ADS), Competition, Contract Terms, Department of Labor (DOL), Federal Trade Commission (FTC)

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Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and Universities Need to Know

On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the… more

Civil Rights Act, Colleges, Department of Education, Diversity and Inclusion Standards (D&I), Equal Protection

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Client Alert: Maximizing Recovery Under Federal Grants and Contracts Following Trump Administration Executive Orders

The Trump Administration’s “temporar[y] pause” in federal funding shocked federal funding recipients across a range of industries. Announced by the Office of Management and Budget (OMB), and ostensibly to reassess all federal… more

Breach of Contract, Compliance, Corporate Counsel, Executive Orders, Federal Contractors

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Client Alert: What’s Next for Mifepristone?

Medication abortions using mifepristone and misoprostol now account for more than half of all abortions performed in the United States today. In the post-Dobbs era, medication abortion is critical to reproductive rights because… more

Abortion, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Prescription Drugs, Reproductive Healthcare Issues

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Proposed Amendments to the English Arbitration Act

The English Arbitration Act of 1996 is revered as underpinning the subsequent success of London as perhaps the world’s busiest arbitration venue. However, as the Act approaches its 30th anniversary, light touch reform is being… more

Arbitration, Arbitration Agreements, Confidentiality Policies, EU, Foreign Tribunals

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U.S. et al. v. Google LLC: Key Takeaways from Advertising Technology Antitrust Decision

Google again made antitrust headlines last week when a federal judge issued a 115-page decision finding that Google violated federal antitrust law by unlawfully establishing a monopoly in digital advertising markets relied upon… more

Advertising, Antitrust Division, Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ)

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Supreme Court Evaluates Scope of Attorney-Client Privilege for Dual-Purpose Communications

On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine whether “dual-purpose” communications involving both legal and business advice are… more

Attorney-Client Privilege, Discovery, Dismissals, Dual Purpose, Electronic Communications

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As President Trump Announces New Tariffs, Federal Circuit Questions “Breathtaking” Scope of Trump's Claimed Tariff Authority

On August 3, 2025, the US Court of Appeals for the Federal Circuit, sitting en banc, heard nearly two hours of oral argument in V.O.S. Selections, Inc. v. Trump. Argument focused on whether the president has the authority to… more

Constitutional Challenges, En Banc Review, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

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Client Alert: New DOJ Civil Rights False Claims Act Initiative: Announcing Intent for Aggressive Fraud Enforcement of Administration’s Positions on Civil Rights

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act… more

Colleges, Department of Justice (DOJ), Educational Institutions, Enforcement Actions, Executive Orders

See all updates »

A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s request… more

Antitrust Provisions, Appeals, Competition, Generic Drugs, Injunctive Relief

See all updates »

New US State Privacy Laws Taking Effect in 2025

As we enter a new year, the patchwork of US privacy laws continues to expand and become more complex. With the change in control of the White House and Congress, the prospects for a federal privacy law have grown even less… more

Consumer Privacy Rights, Corporate Counsel, Data Privacy, Data Protection, Data Security

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Client Alert: A New Era in Online Safety: What Global Companies Need to Know About the UK’s Online Safety Act

Over the course of 2025, the United Kingdom’s Online Safety Act (OSA) has been gradually coming into force reshaping the online safety landscape globally. The OSA requires in-scope companies to identify, mitigate, and manage the… more

Compliance, Enforcement Actions, Government Agencies, New Legislation, OFCOM

See all updates »

Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill, the… more

Class Action, Dangerous Condition, Inmates, Lead Poisoning, Prison

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Big Businesses Caught in the Crosshairs: Navigating the Rise in State AG Scrutiny

With the increased activity of state attorneys general, many companies today find themselves at the center of political battles over the role businesses play in driving social policy. We feature one recent example, as a case… more

American Express, California, Financial Transactions, Firearms, International Organization for Standardization

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US Supreme Court Holds That US Courts Cannot Assist Discovery in Private Foreign or International Arbitrations

Litigants in foreign arbitrations have long looked to 28 U.S.C. § 1782 as a potential avenue for obtaining something close to US-style discovery. But, the US Supreme Court unanimously held this week that this federal statute… more

28 U.S.C. § 1782, Arbitration, Business Disputes, Business Litigation, Commercial Arbitration

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Client Alert: The SEC Charges SolarWinds and Its CISO with Fraud: Key Takeaways

This week, the SEC filed a high-profile litigation asserting fraud and internal controls charges against software company SolarWinds Corporation and its Chief Information Security Officer, Timothy G. Brown, in connection with a… more

CFOs, Chief Information Security Officer (CISO), Corporate Counsel, Corporate Governance, Corporate Officers

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Client Alert: Understanding Florida’s Insurer Accountability Act

In a move aimed at strengthening consumer protection and improving insurer transparency, the state of Florida has implemented the Insurer Accountability Act, a bipartisan insurance law that introduces a range of new duties and… more

Florida, Insurance Industry, New Legislation, Noncompliance, Penalties

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Client Alert: US Copyright Office Releases “Pre-Publication Version” of Report on Copyright Issues in Generative AI Training

On May 9, 2025, the US Copyright Office released a “pre-publication version” of Part 3 of its report on Copyright and Artificial Intelligence (the Report). This much-anticipated Report focuses on use of copyrighted works in the… more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their… more

Appeals, Centers for Disease Control and Prevention (CDC), Commercial Litigation, Coronavirus/COVID-19, Eviction

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Client Alert: Access to Mifepristone Still Standing for Now, but Questions Remain

On Thursday morning, the Supreme Court issued its decision in FDA v. Alliance for Hippocratic Medicine. Justice Kavanaugh wrote for a unanimous Court dismissing the Alliance for Hippocratic Medicine from the case for lack of… more

Abortion, Alliance for Hippocratic Medicine v Food and Drug Administration, Article III, FDA Approval, Food and Drug Administration (FDA)

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[Ongoing Program] CLE Relay - Session 2 - Protecting Privilege in Times of Crisis - June 6th, 10:00 am - 11:00 am PDT

This one-hour Ethics CLE program will cover the challenges to attorney-client privilege that may arise during a corporate crisis, including tips to communicate with attorneys and outside consultants, invoking the common interest… more

Attorney-Client Privilege, Common-Interest Privilege, Continuing Legal Education, Crisis Management, Implied Waivers

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Client Alert: “Stable, as She Goes”: The Cryptocurrency Industry’s Steady Start to a New Congress

A few months ago, in our client alert titled “Mr. Bitcoin Goes to Washington,” we discussed the cryptocurrency industry’s significant political resurgence in the wake of the 2024 election. We not only forecasted a more… more

Bitcoin, Cryptocurrency, Digital Assets, Enforcement Actions, Legislative Agendas

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AG-Designate Gaetz’s Surprising Alignment with the New Antitrust Movement—And What It Could Mean

On the campaign trail, President-elect Donald Trump vowed to bring about the “most aggressive regulatory reduction” in US history, suggesting a break from the Biden Administration’s focus on curbing corporate power. However,… more

Antitrust Division, Attorney General, Congressional Committees, Department of Justice (DOJ), Donald Trump

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Client Alert: A Survey of How Public Companies are Providing Guidance in Light of Tariffs

In recent days, the Trump administration has proposed additional tariffs, causing further uncertainty for many public companies. As companies approach their current quarterly guidance, we took a data-driven approach to see how… more

Disclosure Requirements, Financial Markets, Imports, International Trade, Publicly-Traded Companies

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Client Alert: Non-Profits Targeted Under New Tax Code Proposals

House Bill 9495 (H.R. 9495), a bill passed during the 118th Congress, is legislation worth watching for non-profits and other aid organizations. H.R. 9495 passed the House on November 21, 2024, and if passed during the new… more

501(c)(3), Charitable Organizations, Internal Revenue Code (IRC), IRS, Nonprofits

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California’s AI Transparency Act

California recently enacted a law that sets disclosure requirements for generative AI (GenAI) companies. The California AI Transparency Act, SB 942, (the Act) applies to persons that create, code, or otherwise produce a GenAI… more

Algorithms, Artificial Intelligence, California, Covered Providers, Disclosure Requirements

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Client Alert: Ten Major Issues Facing Higher Education Institutions in 2023

The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to… more

Antitrust Litigation, Artificial Intelligence, Biden Administration, College Admissions, College Athletes

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Client Alert: CFTC Issues New Enforcement Advisory Aiming to Incentivize Self-Reporting and Cooperation

On February 25, 2025, the Division of Enforcement (the “Division”) of the Commodity Futures Trading Commission (the “CFTC” or “Commission”) issued an Enforcement Advisory which quantifies the monetary credit that entities can… more

CFTC, Civil Monetary Penalty, Compliance, Cooperation, Derivatives

See all updates »

Illinois Civil Practice Guide - 2025 Edition

I. ILLINOIS SUPREME COURT RELEASES POLICY ON AI IN STATE COURTS - The Illinois Supreme Court’s policy on artificial intelligence (AI), effective January 1, 2025, establishes a framework for the responsible integration of AI… more

Artificial Intelligence, Compliance, Legal Ethics, Legal Operations, Legal Technology

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate… more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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U.S. Antitrust Agencies Propose Sweeping Changes to the HSR Premerger Notification Program

On June 27, 2023, the Federal Trade Commission (“FTC”) in collaboration with the Department of Justice (“DOJ”) announced a proposal to overhaul the Hart-Scott-Rodino (HSR) Act premerger notification program. If adopted, the new… more

Acquisitions, Antitrust Provisions, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a prominent… more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Fingerprints

See all updates »

Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of… more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

See all updates »

New York Becomes First State to Pass Natural Gas Ban for New Construction

On May 2, 2023, New York passed its 2024 fiscal year budget, including a prohibition on fossil fuel equipment and building systems in new construction. The policy will go into effect in 2026 for new buildings not more than seven… more

Clean Energy, Climate Change, Construction Industry, Fossil Fuel, Greenhouse Gas Emissions

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Client Alert: Trump Administration Announces “SEC 2.0” and a Flurry of Cryptocurrency Changes

On the campaign trail, then-candidate Trump made promises that he would prioritize the crypto industry. Expecting these promises to be fulfilled, the prices of many notable crypto assets jumped after his election. Now, President… more

CFTC, Cryptocurrency, Digital Assets, Executive Orders, Financial Institutions

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Client Alert: Copyright Registration for Works Containing AI-Generated Material

The rapid rise in availability, use and performance of generative artificial intelligence (“AI”) over the last year is being experienced across industries. Responding to these trends, the US Copyright Office recently published… more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Client Alert: SEC Priorities Regarding Cybersecurity Enforcement: What Public Companies Need to Know Now in the Second Trump Administration

The SEC recently announced the creation of a Cyber and Emerging Technologies Unit (CETU) that will focus on fraudulent conduct in cybersecurity, digital assets, and emerging technologies such as artificial intelligence. For… more

Corporate Governance, Cybersecurity, Digital Assets, Disclosure Requirements, Enforcement Actions

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Client Alert: The Supreme Court Denies Certiorari in Coalition for TJ v. Fairfax County School Board: What This Means for Colleges and Universities

On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and… more

Certiorari, College Admissions, Colleges, Diversity, Diversity and Inclusion Standards (D&I)

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California Governor Signs PAGA Amendments into Law, Declaring “a big win for both workers and businesses.”

On July 1, 2024, California Governor Gavin Newsom signed into law reforms intended to moderate California’s unique and controversial Private Attorneys General Act (“PAGA”). The PAGA amendments are widely seen as a compromise… more

California, Employer Liability Issues, Employment Litigation, Governor Newsom, Labor Code

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Client Alert: FTC Announces 2025 HSR Thresholds

On January 10, 2025, the United States Federal Trade Commission (FTC) approved new premerger notification thresholds and revised filing fees under the Hart-Scott-Rodino Act (HSR). These new thresholds will apply to all… more

Acquisitions, Antitrust Provisions, Competition, Corporate Governance, Enforcement

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Client Alert: Bondi DOJ Pivots on Approach to National Security Enforcement

On February 5, 2025, in one of her first actions as the nation’s chief law enforcement official, Attorney General Pam Bondi issued several new memoranda that significantly refocus US Department of Justice (DOJ) national security… more

Criminal Prosecution, Department of Justice (DOJ), Economic Sanctions, Enforcement Actions, Export Controls

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Client Alert: Supreme Court Won’t Be Taking on This Takings Case

On June 30, the Supreme Court denied the petition for a writ of certiorari in GHP Management Corporation v. City of Los Angeles. The case arose out of a COVID-era eviction moratorium enacted by the City of Los Angeles which… more

Appeals, Certiorari, Coronavirus/COVID-19, Fifth Amendment, Judicial Authority

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Client Alert: The Department of Health and Human Services Issues HIPAA Final Rule Providing Additional Reproductive Health Safeguards

On April 26, 2024, the Department of Health and Human Services (HHS) published the final HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule). The Final Rule became effective June 25, 2024… more

Covered Entities, Department of Health and Human Services (HHS), Final Rules, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate… more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Navigating the EWA Regulatory Landscape

I. Introduction: EWA on the Precipice - The increasing use of earned wage access (“EWA”) by workers in the United States and around the world has helped to bring financial flexibility to many previously constrained by the… more

Advisory Opinions, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency, Employer Liability Issues

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Client Alert: The SFO’s Corporate Guidance: Another Chapter in the SFO’s Playbook

On 24 April 2025, the UK’s Serious Fraud Office ("SFO") launched its updated External Guidance on Corporate Co-operation and Enforcement in relation to Corporate Criminal Offending (“Corporate Guidance”), cementing a bold… more

Bribery, Enforcement, Fraud, Investigations, Self-Reporting

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Client Alert: UK and US Agree to “Data Bridge”

On the heels of the EU-US Data Privacy Framework (DPF), another bridge has been built across the Atlantic to streamline data transfers between businesses. In July, the European Commission adopted its much-anticipated… more

Cross-Border Transactions, Data Privacy, Data Transfers, Department of Transportation (DOT), EU

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[Ongoing Program] CLE Relay - Session 5 - Navigating 2025 Public Company Legal and Regulatory Risks in a Shifting Economic Landscape - June 27th, 10:00 am - 11:00 am PDT

Jenner’s Public Company Advisory Group offers a multidisciplinary overview of the key legal, regulatory, and compliance issues public companies are facing in 2025, including the impact of economic uncertainty and an… more

Business Strategies, Continuing Legal Education, Corporate Governance, Disclosure Requirements, Executive Compensation

See all updates »

Client Alert: The Yukos Saga Continues: English Court of Appeal Rejects Russian Plea of Sovereign Immunity

As all eyes focus on peace talks and the future of the Russia/Ukraine conflict, Russia recently suffered another defeat in the long running Yukos saga, with the English Court of Appeal confirming that Russia could not invoke… more

Arbitration, Arbitration Awards, Dispute Resolution, Enforcement Actions, International Arbitration

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U.S. et al. v. Google LLC: Key Takeaways from Advertising Technology Antitrust Decision

Google again made antitrust headlines last week when a federal judge issued a 115-page decision finding that Google violated federal antitrust law by unlawfully establishing a monopoly in digital advertising markets relied upon… more

Advertising, Antitrust Division, Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ)

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Client Alert: The End of the COVID-19 Emergencies: Considerations for Health and Welfare Plan Administrators

On January 30, 2023, the Biden administration announced that on May 11, 2023 it plans to end the COVID-19 national emergency (Outbreak Period) and public health emergency (Public Health Emergency), which were declared by the… more

Benefit Plan Sponsors, Biden Administration, Coronavirus/COVID-19, Employee Benefits, Health and Welfare Plans

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Illinois Civil Practice Guide - 2024 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A… more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

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Client Alert: New Rules for Data Flows Take Effect: What You Need to Know

On April 8, 2025, the United States Department of Justice’s (DOJ) National Security Division’s (NSD) final rule (Final Rule) regulating certain sensitive US data transfers took effect. DOJ has made clear that it will take steps… more

Data Protection, Data Security, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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Government Contracts Legal Round-Up – 2024 Issue 13

Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the… more

Bid Protests, Buy American Act, Court of Federal Claims, Department of Defense (DOD), Environmental Protection Agency (EPA)

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Client Alert: Employers Beware: Employees Are Seeking Damages for Unenforceable Noncompetes

We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a valid… more

CA Supreme Court, California, Corporate Counsel, Employees, Employer Liability Issues

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Client Alert: The Trump Administration Calls for a Pause on New FCPA Enforcement, but Don’t Abandon Compliance Programs Just Yet

In an executive order issued on February 10, 2025 (Executive Order), and a memorandum issued by Attorney General Pam Bondi regarding cartels and transnational criminal organizations on February 5, 2025 (Cartel Memo), the Trump… more

Anti-Corruption, Attorney General, Compliance, Corruption, Department of Justice (DOJ)

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Client Alert: Government Contractors Get Relief in More Than Half of GAO Bid Protests

On November 14, 2024, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2024. The statutorily mandated report contains an array of information about GAO’s bid protest… more

Bid Protests, Department of Health and Human Services (HHS), Dispute Resolution, Federal Contractors, GAO

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Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency… more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

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Client Alert: Unfinished Business: Investment Advisers Are Potentially Back on the Hook for Anti-Money-Laundering and Counterterrorism Reporting Requirements

In its latest attempt, the U.S. Department of Treasury, Financial Crimes Enforcement Network (“FinCEN”), will require certain investment advisers to implement compliance measures to detect and report suspected money laundering… more

AML/CFT, Anti-Money Laundering, Bank Secrecy Act, Counter-Terrorist, FinCEN

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Client Alert: White House Narrows and Refocuses Biden Executive Order on Strengthening Federal Cybersecurity

On June 6, 2025, President Donald J. Trump signed a new executive order on “Sustaining Select Efforts to Strengthen the Nation’s Cybersecurity and Amending Executive Order 13694 and Executive Order 14144” (“Trump Cyber EO”),… more

Amended Legislation, Biden Administration, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Domain Names

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Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid, finding… more

Administrative Procedure Act, Ambiguous, Appeals, Chevron Deference, Department of Labor (DOL)

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Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate… more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

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Client Alert: Beyond the 2022 Midterm Election Headlines: Key Developments to Watch for in the Months to Come

On November 8, 2022, Americans headed to the polls for the United States’ 2022 midterm elections, with Democrats upsetting projections of a “Red Wave” and bucking historical trends to hew closely to the status quo. While the… more

General Elections, Legislative Agendas, Local Elections, Political Parties, State Elections

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Client Alert: Key Takeaways from the SEC’s Latest Enforcement Sweep Regarding Violations of the Whistleblower Protections Rule

Earlier this week, the SEC announced an enforcement sweep charging seven public companies with violating the whistleblower protections rule in various employment-related agreements. These charges reflect the SEC’s continuing… more

Employees, Employer Liability Issues, Employment Contract, Enforcement Actions, Publicly-Traded Companies

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SFFA v. UNC and SFFA v. Harvard: Navigating the Impact Across All Industries

On October 31, the Supreme Court will hear oral argument in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, in which the Court… more

Admissions, Civil Rights Act, Colleges, Educational Institutions, Equal Protection

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: First House China Committee Hearing Previews Its Investigative Agenda

On February 28, 2023, The Select Committee on Strategic Competition between the United States and the Chinese Communist Party held its long anticipated first hearing. The hearing, which lasted approximately three hours, served… more

China, Competition, Foreign Investment, Investigations, Public-Private Entities

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Client Alert: New DOJ Civil Rights False Claims Act Initiative: Announcing Intent for Aggressive Fraud Enforcement of Administration’s Positions on Civil Rights

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act… more

Colleges, Department of Justice (DOJ), Educational Institutions, Enforcement Actions, Executive Orders

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US Supreme Court Rules in Favor of Civil Rights Enforcement in Williams v. Reed Case

In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent regarding… more

Alabama, Civil Rights Act, Constitutional Challenges, Department of Labor (DOL), Employee Rights

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Potential Impacts of Chevron’s Overruling on Tribal Interests

On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set off… more

Administrative Procedure Act, Chevron Deference, Government Agencies, Judicial Authority, Loper Bright Enterprises v Raimondo

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

See all updates »

Client Alert: Navigating Remaining Risks in the New Crypto and Digital Assets Environment

A rising tide does not necessarily lift all boats when it comes to increasing compliance in the world of crypto asset investments. In fact, the existence of a bull market or a seemingly friendly regulatory environment can create… more

Cryptocurrency, Digital Assets, Enforcement Actions, EU, Investment

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Client Alert: Under Jarkesy, FERC’s Penalty Assessment Schemes Are Unconstitutional

In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the SEC… more

Civil Monetary Penalty, Energy Sector, Federal Power Act, FERC, Jury Trial

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Client Alert: CFTC Issues New Enforcement Advisory Aiming to Incentivize Self-Reporting and Cooperation

On February 25, 2025, the Division of Enforcement (the “Division”) of the Commodity Futures Trading Commission (the “CFTC” or “Commission”) issued an Enforcement Advisory which quantifies the monetary credit that entities can… more

CFTC, Civil Monetary Penalty, Compliance, Cooperation, Derivatives

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US Supreme Court Rules in Favor of Civil Rights Enforcement in Williams v. Reed Case

In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent regarding… more

Alabama, Civil Rights Act, Constitutional Challenges, Department of Labor (DOL), Employee Rights

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Client Alert: New Rules for Data Flows Take Effect: What You Need to Know

On April 8, 2025, the United States Department of Justice’s (DOJ) National Security Division’s (NSD) final rule (Final Rule) regulating certain sensitive US data transfers took effect. DOJ has made clear that it will take steps… more

Data Protection, Data Security, Department of Justice (DOJ), Enforcement Actions, Executive Orders

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India Newsletter - June 2025

Here are a few recent legal updates from US and UK of relevance to Indian clients… more

Arbitration, Arbitration Awards, Constitutional Challenges, Department of Justice (DOJ), Executive Orders

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Client Alert: FTC Announces 2025 HSR Thresholds

On January 10, 2025, the United States Federal Trade Commission (FTC) approved new premerger notification thresholds and revised filing fees under the Hart-Scott-Rodino Act (HSR). These new thresholds will apply to all… more

Acquisitions, Antitrust Provisions, Competition, Corporate Governance, Enforcement

See all updates »

The Duty of Directors and Officers to Respond to Red Flags

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

Board of Directors, Corporate Governance, Corporate Officers, Duty of Oversight, Fiduciary Duty

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Client Alert: White House Releases Report on US Cybersecurity Posture

On May 7, 2024, the White House Office of the National Cyber Director (ONCD) released several reports on the United States’ cybersecurity posture and strategic plan. These documents implement the 2023 National Cybersecurity… more

Biden Administration, Critical Infrastructure Sectors, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cyber Threats

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Client Alert: “Trump Accounts” – Tax-Advantaged Savings Accounts for Children

On Friday, July 4, President Trump signed into law the One Big Beautiful Bill Act (H.R. 1) (“Big Beautiful Bill”) after narrow approval from both houses of Congress. The legislation extends the Tax Cuts and Jobs Act and enacts… more

401k, Employee Benefits, Employer Liability Issues, Employer Responsibilities, Income Taxes

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U.S. et al. v. Google LLC: Key Takeaways from Advertising Technology Antitrust Decision

Google again made antitrust headlines last week when a federal judge issued a 115-page decision finding that Google violated federal antitrust law by unlawfully establishing a monopoly in digital advertising markets relied upon… more

Advertising, Antitrust Division, Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ)

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Department of Justice Prosecutions in Employment-Related Antitrust Suits Fall Flat in DaVita Inc. and Jindal

Juries Acquit Criminal Antitrust Defendants of All Charges - This month, federal juries acquitted defendants facing criminal antitrust convictions in two trials against employers accused of improperly restraining trade in the… more

Acquittals, Criminal Conspiracy, Criminal Convictions, Department of Justice (DOJ), Enforcement Actions

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Client Alert: The Price of Silence: GAO Dismisses Protest Because the Protester’s Key Personnel Were Unavailable

On December 30, 2024, the Government Accountability Office (GAO) dismissed a protest by Orion Government Services, Inc. (Orion) after determining that Orion lacked standing to protest because one of its proposed key personnel… more

Appeals, Bid Protests, Construction Industry, Contract Terms, Department of Defense (DOD)

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Taking Stock: Russia-Ukraine Sanctions and Export Controls

As we enter the fourth month of Russia’s illegal war on Ukraine, multilateral sanctions actions continue, but at a slower pace. As discussed in our prior February 25, 2022 and March 11, 2022 alerts, following Russia’s invasion… more

Asset Freeze, Economic Sanctions, Export Controls, Imports, Investment

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[Ongoing Program] CLE Relay - Session 5 - Navigating 2025 Public Company Legal and Regulatory Risks in a Shifting Economic Landscape - June 27th, 10:00 am - 11:00 am PDT

Jenner’s Public Company Advisory Group offers a multidisciplinary overview of the key legal, regulatory, and compliance issues public companies are facing in 2025, including the impact of economic uncertainty and an… more

Business Strategies, Continuing Legal Education, Corporate Governance, Disclosure Requirements, Executive Compensation

See all updates »

US Fintech Landscape for 2025

With the change of presidential administrations in January, there has been a significant shift in the landscape for financial technology companies in the United States for 2025 and beyond. First, the new administration… more

Biden Administration, Consumer Financial Protection Bureau (CFPB), Cryptocurrency, Department of Justice (DOJ), FDIC

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English Court Thwarts Spain’s Latest Attempt to Resist Enforcement of ECT Awards

Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court became… more

Arbitration, Disclosure, EU, Foreign Investment, ICSID

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Client Alert: New DOJ Civil Rights False Claims Act Initiative: Announcing Intent for Aggressive Fraud Enforcement of Administration’s Positions on Civil Rights

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act… more

Colleges, Department of Justice (DOJ), Educational Institutions, Enforcement Actions, Executive Orders

See all updates »

Anti-Corruption Enforcement - 2021 Year in Review

Due to the impact of the COVID-19 pandemic, and the change in presidential administrations in the United States in January 2021, US enforcement of the Foreign Corrupt Practices Act (FCPA) declined in 2021. However, we anticipate… more

Anti-Bribery, Anti-Corruption, Bribery, Cooperative Compliance Regime, Corporate Culture

See all updates »

Recent OSHA Activity Provides Additional Mitigation Opportunities to Employers

Recent actions by the Occupational Safety and Health Administration may provide employers additional opportunities for penalty and enforcement relief. On July 14, 2025, the U.S. Department of Labor updated OSHA penalty… more

Department of Labor (DOL), Employer Liability Issues, Enforcement, Enforcement Actions, New Guidance

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and… more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

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The Consumer Finance Observer - Fall 2022 Edition

Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB - Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of regulators… more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Department of Financial Protection and Innovation (DFPI)

See all updates »

Client Alert: Navigating the EWA Regulatory Landscape

I. Introduction: EWA on the Precipice - The increasing use of earned wage access (“EWA”) by workers in the United States and around the world has helped to bring financial flexibility to many previously constrained by the… more

Advisory Opinions, Consumer Financial Protection Bureau (CFPB), Cryptoassets, Cryptocurrency, Employer Liability Issues

See all updates »

Fighting Fire with Fire: AI and the Fight Against Climate Change

William Shakespeare coined the phrase to fight “fire with fire” in 1623’s The Life and Death of King John. A mere 402 years later, the same phrase used to describe English succession wars may apply to a newly formed, though… more

Artificial Intelligence, Clean Energy, Climate Change, Energy Sector, Environmental Policies

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Client Alert: UK Government Suppliers Need to Mind Their Ps and Qs Now That the New Procurement Act Is in Force

The Procurement Act 2023 looks set to reshape government (and other public) contracting in the UK. It came into force in the UK on 24 February, repealing and replacing the various EU-based procurement regimes for public… more

EU, Government Agencies, Public Contracts, Public Procurement Policies, Regulatory Reform

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Client Alert: “Stable, as She Goes”: The Cryptocurrency Industry’s Steady Start to a New Congress

A few months ago, in our client alert titled “Mr. Bitcoin Goes to Washington,” we discussed the cryptocurrency industry’s significant political resurgence in the wake of the 2024 election. We not only forecasted a more… more

Bitcoin, Cryptocurrency, Digital Assets, Enforcement Actions, Legislative Agendas

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Business and Human Rights Considerations on the Rise in 2023

Business and human rights expectations and obligations, based at their core on the UN Guiding Principles on Business and Human Rights (UNGPs), are now increasingly being integrated into non-binding local business expectations as… more

Due Diligence, Environmental Social & Governance (ESG), EU, EU Directive, European Commission

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Client Alert: Navigating Remaining Risks in the New Crypto and Digital Assets Environment

A rising tide does not necessarily lift all boats when it comes to increasing compliance in the world of crypto asset investments. In fact, the existence of a bull market or a seemingly friendly regulatory environment can create… more

Cryptocurrency, Digital Assets, Enforcement Actions, EU, Investment

See all updates »

Client Alert: SEC Priorities Regarding Cybersecurity Enforcement: What Public Companies Need to Know Now in the Second Trump Administration

The SEC recently announced the creation of a Cyber and Emerging Technologies Unit (CETU) that will focus on fraudulent conduct in cybersecurity, digital assets, and emerging technologies such as artificial intelligence. For… more

Corporate Governance, Cybersecurity, Digital Assets, Disclosure Requirements, Enforcement Actions

See all updates »

Illinois Prison Rife with Vermin, Mold, Sewage, Class-Action Lawsuit Alleges

A class action lawsuit filed in the United States District Court for the Northern District of Illinois reveals the egregious living conditions for approximately 1,000 prisoners at the Northern Reception Center in Crest Hill, the… more

Class Action, Dangerous Condition, Inmates, Lead Poisoning, Prison

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Children in Custody at South Carolina Juvenile Justice Centers Held in Nightmarish Conditions, New Lawsuit Alleges

A lawsuit filed in the United States District Court for the District of South Carolina alleges horrific living conditions for the more than 250 children detained by the South Carolina Department of Juvenile Justice, the agency… more

American Civil Liberties Union (ACLU), Child Abuse, Constitutional Challenges, Criminal Liability, Cruel & Unusual Punishment

See all updates »

Client Alert: The Proliferation of Plastics Litigation and Insurance Coverage

Concerns surrounding plastic, particularly microplastics and synthetic microfiber, pollution are growing. As federal and state governments continue to focus on this issue, lawsuits seeking to hold companies accountable for their… more

Consumer Protection Laws, Discharge of Pollutants, Environmental Claims, Environmental Liability, Environmental Litigation

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Client Alert: Illuminating the Bank Secrecy Act: Key Takeaways from Recent DOJ Settlements

The Department of Justice recently announced settlements with two casinos to resolve an investigation into alleged money laundering and violations of the Bank Secrecy Act (BSA). The settlements required the casinos to pay a… more

Anti-Money Laundering, Bank Secrecy Act, Casinos, Department of Justice (DOJ), Investigations

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Client Alert: Recent Executive Orders Affecting the Energy Industry

On April 8th and 9th, President Trump issued five executive orders, a presidential proclamation, and a presidential memorandum that directly impact the energy industry. This alert summarizes the key provisions and takeaways… more

Attorney General, Department of Energy (DOE), Energy Policy, Environmental Protection Agency (EPA), Executive Orders

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A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s request… more

Antitrust Provisions, Appeals, Competition, Generic Drugs, Injunctive Relief

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Lawsuit Challenges Unconstitutional Law Limiting Abortion Services

Working in partnership with abortion service providers and civil liberties groups, a Jenner & Block team filed a lawsuit in Florida to block the implementation of a new state law that would ban abortion after 15 weeks of… more

Abortion, American Civil Liberties Union (ACLU), Civil Liberties, Florida, Healthcare

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

See all updates »

Client Alert: Fifth Circuit Court of Appeals Vacates the SEC’s Share Repurchase Disclosure Modernization Rule Amendments

On December 19, 2023, the US Court of Appeals for the Fifth Circuit (Fifth Circuit) issued a decision vacating the share repurchase disclosure modernization rule amendments that the US Securities and Exchange Commission (SEC)… more

Appeals, Capital Markets, Corporate Governance, Disclosure Requirements, Securities and Exchange Commission (SEC)

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Client Alert: OSHA’s Deregulatory Agenda Takes Shape

On July 1, 2025, the Occupational Safety and Health Administration (OSHA) published twenty-five proposed rules and one final rule taking actions that include limiting OSHA’s application of the General Duty Clause, removing… more

Deregulation, Executive Orders, Final Rules, OSHA, Proposed Rules

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FinTech Focus: Investment Advisers Join Ranks of Financial Institutions Subject to the Bank Secrecy Act

Dually registered, or “dual hat,” investment advisers are already well aware of the extensive obligations imposed by the Bank Secrecy Act (“BSA”). But for others, the finalization of a Financial Crimes Enforcement Network… more

Anti-Money Laundering, Bank Secrecy Act, Financial Institutions, Financial Regulatory Reform, FinCEN

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A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s request… more

Antitrust Provisions, Appeals, Competition, Generic Drugs, Injunctive Relief

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FinTech Focus: Investment Advisers Join Ranks of Financial Institutions Subject to the Bank Secrecy Act

Dually registered, or “dual hat,” investment advisers are already well aware of the extensive obligations imposed by the Bank Secrecy Act (“BSA”). But for others, the finalization of a Financial Crimes Enforcement Network… more

Anti-Money Laundering, Bank Secrecy Act, Financial Institutions, Financial Regulatory Reform, FinCEN

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Client Alert: The SEC’s Approach to Cybersecurity Disclosure Decisions

The SEC’s Director of Corporation Finance, Erik Gerding, recently issued two statements regarding a public company’s disclosure obligations in response to a cybersecurity incident. These remarks follow the adoption of the SEC’s… more

Corporate Governance, Cyber Incident Reporting, Cybersecurity, Disclosure Requirements, Enforcement

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Artificial Intelligence and Intellectual Property: A Year In Review

Artificial intelligence raises various novel legal questions about data privacy, bias in outputs, cybersecurity, and ethics, among other topics. In 2023, however, intellectual property concerns associated with artificial… more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

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Client Alert: Navigating the 2025 Regulatory Landscape: FCC Impact on Communications, Internet, and Technology Sector

As the Trump administration prepares to return to power in 2025, the communications and technology sectors are bracing for significant regulatory shifts, with experts predicting major changes in areas ranging from spectrum… more

Congressional Authority, Critical Infrastructure Sectors, FCC, Internet, Legislative Agendas

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

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A Secured Reversal of Preliminary Injunction in High-Stakes Pharmaceutical Battle

In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s request… more

Antitrust Provisions, Appeals, Competition, Generic Drugs, Injunctive Relief

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Non-Competition Agreements; FTC Rule Status

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

Administrative Procedure Act, Arbitrary and Capricious, Business Entities, Employees, Employer Liability Issues

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SEC Enforcement Division's ESG Task Force "Lifts the Vale" on Its Scrutiny of ESG Disclosures

Since early 2021, the SEC has emphasized that ESG-related issues are important to investors and a key SEC disclosure and enforcement priority. Although the agency’s heightened focus on these issues led to the recent proposal for… more

Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Enforcement Actions, Environmental Social & Governance (ESG)

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Client Alert: Court Adopts SEC's New Unregistered Dealer Theory, Creates Risk of Disgorgement and Penalties for Anyone Trading Securities As Part of A Business

A broad array of financial market participants—mutual funds, private funds, insurers, pension funds, family offices, individuals, and more—may be at risk after the Securities and Exchange Commission (SEC) secured summary… more

Broker-Dealer, Civil Monetary Penalty, Disgorgement, Enforcement Actions, Financial Markets

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U.S. et al. v. Google LLC: Key Takeaways from Advertising Technology Antitrust Decision

Google again made antitrust headlines last week when a federal judge issued a 115-page decision finding that Google violated federal antitrust law by unlawfully establishing a monopoly in digital advertising markets relied upon… more

Advertising, Antitrust Division, Antitrust Litigation, Antitrust Violations, Department of Justice (DOJ)

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Client Alert: Group Health Plan “Gag Clause” Compliance Attestation Due by the End of 2023

This is a reminder that a new compliance deadline is on the horizon for group health plans. The Consolidated Appropriations Act (CAA) of 2021 generally prohibits group health plans and health insurance issuers from entering into… more

Attestation Deadlines, Consolidated Appropriations Act (CAA), Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Supreme Court Limits Scope of NEPA’s Analysis of Upstream and Downstream Environmental Impacts of Federal Actions

On May 29, 2025, in a 8-0 ruling (Justice Gorsuch recused himself from the case), the Supreme Court held that the U.S. Court of Appeals for the D.C. Circuit erred in requiring federal regulators to evaluate the potential… more

Chevron Deference, Energy Projects, Environmental Litigation, Judicial Review, NEPA

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Client Alert: New Year Brings New Guidance Related to Medication Abortion

The federal government started 2023 by clarifying important legal issues surrounding the use of medications for abortions. These changes come after much uncertainty—and controversy—around the availability of medication abortion… more

Abortion, Department of Justice (DOJ), Dobbs v. Jackson Women’s Health Organization, Executive Branch, Food and Drug Administration (FDA)

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Client Alert: “Stable, as She Goes”: The Cryptocurrency Industry’s Steady Start to a New Congress

A few months ago, in our client alert titled “Mr. Bitcoin Goes to Washington,” we discussed the cryptocurrency industry’s significant political resurgence in the wake of the 2024 election. We not only forecasted a more… more

Bitcoin, Cryptocurrency, Digital Assets, Enforcement Actions, Legislative Agendas

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Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product Doctrine (2023 edition)

I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only… more

Attorney-Client Privilege, Confidential Communications, Disclosure, Dispositions, Exceptions

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Client Alert: DOJ Launches Its Corporate Whistleblower Awards Pilot Program

On August 1, 2024, the Department of Justice (DOJ) officially launched its three-year corporate whistleblower awards pilot program (Whistleblower Program), adding to the growing array of programs designed to incentivize… more

Corporate Crimes, Corporate Misconduct, Department of Justice (DOJ), Pilot Programs, Regulatory Requirements

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Client Alert: Non-Profits Targeted Under New Tax Code Proposals

House Bill 9495 (H.R. 9495), a bill passed during the 118th Congress, is legislation worth watching for non-profits and other aid organizations. H.R. 9495 passed the House on November 21, 2024, and if passed during the new… more

501(c)(3), Charitable Organizations, Internal Revenue Code (IRC), IRS, Nonprofits

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Ninth Circuit Considers Personal Jurisdiction Over Online Businesses

In the age of e-commerce, many consumer class actions involve goods and services purchased online. Those online purchases have created legal challenges for determining when an online sale may subject a party to personal… more

California, Class Action, Compliance, Consumer Litigation, Consumer Privacy Rights

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Consumer Financial Protection Bureau Proposes Rule to Create a Public Registry of Terms and Conditions in Consumer Contracts

On January 11, 2023, the U.S. Consumer Financial Protection Bureau (the “CFPB”) proposed a new rule to create a public registry of terms and conditions in form contracts that waive or limit consumer rights. The registry would… more

Consumer Contracts, Consumer Financial Protection Bureau (CFPB), Financing, Payday Loans, Proposed Rules

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Ninth Circuit Limits Jurisdiction Over Web-Based Platforms

In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants… more

California, Canada, Data Privacy, Internet, Jurisdiction

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Client Alert: Copyright Registration for Works Containing AI-Generated Material

The rapid rise in availability, use and performance of generative artificial intelligence (“AI”) over the last year is being experienced across industries. Responding to these trends, the US Copyright Office recently published… more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

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Client Alert: The Case for Compliance: Why UK and EU Businesses Should Continue to Invest in Their Compliance Programs

On 20 March 2025, enforcement agencies from the UK, France and Switzerland affirmed their shared commitment to tackling international bribery and corruption and founded a new taskforce to strengthen collaboration. Director of… more

Anti-Corruption, Bribery, Compliance, Corporate Governance, Enforcement Actions

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Client Alert: Tariffs on Trial: The Legal Issues Raised by New Tariffs on Canada, Mexico, and China

Shortly after taking office, President Trump announced sweeping tariffs on several trading partners, including Canada, Mexico, and China, with plans to also impose tariffs on the European Union. This client alert unpacks those… more

Canada, China, EU, International Emergency Economic Powers Act (IEEPA), International Trade

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[Ongoing Program] CLE Relay – Session 1 – Inputs and Outputs: The State of Play in Year Two of Generative AI - May 10th, 10:00 am - 11:00 am PDT

This CLE will cover new developments and challenges associated with the now-widespread use of generative AI. Among other things, it will cover new generative AI capabilities, litigation, legislative, and regulatory developments,… more

Artificial Intelligence, Continuing Legal Education, Legislative Agendas, Regulatory Agenda, Risk Assessment

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Client Alert: Threading the Needle: Navigating Potential Legal Threats to Supplier Diversity Initiatives

As a core part of broader Diversity, Equity, and Inclusion (DEI) strategies, many companies have pledged to increase their spending or otherwise strengthen their relationships with diverse vendors and suppliers. With… more

Anti-Discrimination Policies, Best Practices, Breach of Duty, Civil Rights Act, Diversity and Inclusion Standards (D&I)

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Client Alert: Independent Agencies Under a Microscope—What Are the Implications for FERC?

In his second week in office, President Trump fired Gwynne Wilcox (a member of the NLRB). The firing was communicated by an email sent from the Deputy Director of the Office of Presidential Personnel with a statement from the… more

Administrative Procedure Act, Constitutional Challenges, Department of Energy (DOE), Executive Orders, FERC

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Client Alert: Court Adopts SEC's New Unregistered Dealer Theory, Creates Risk of Disgorgement and Penalties for Anyone Trading Securities As Part of A Business

A broad array of financial market participants—mutual funds, private funds, insurers, pension funds, family offices, individuals, and more—may be at risk after the Securities and Exchange Commission (SEC) secured summary… more

Broker-Dealer, Civil Monetary Penalty, Disgorgement, Enforcement Actions, Financial Markets

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Client Alert: Court Declares Non-Competes Back in Business

On August 20, 2024, the United States District Court for the Northern District of Texas, in Ryan LLC et al. v. Federal Trade Commission, granted Ryan LLC and the US Chamber of Commerce’s motion for summary judgment and barred… more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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DOJ and FTC Submit Draft Updated Merger Guideline

On July 19, 2023, the U.S. Department of Justice and Federal Trade Commission released a draft update of the Merger Guidelines and invited public comments. If adopted, the Proposed Guidelines would represent a substantial change… more

Antitrust Division, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Guidance Update

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Client Alert: Latest Supreme Court Term Presents New Challenges for SEC

The Supreme Court’s most recent term has forced the SEC to face new realities regarding its powers. As has been widely publicized, the Supreme Court’s overruling of Chevron in Loper Bright Enterprises v. Raimondo highlighted… more

Administrative Procedure Act, Chevron Deference, Constitutional Challenges, Enforcement Actions, Judicial Authority

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Update on Proposed Changes to the NCAA Constitution

On Monday, November 15, 2021, the NCAA held a special convention to discuss a proposed draft constitution for the organization. The draft constitution, circulated a week earlier, would make several significant changes to the… more

Alston v NCAA, Antitrust Provisions, Compensation & Benefits, Corporate Governance, Name and Likeness

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Client Alert: The SEC Charges SolarWinds and Its CISO with Fraud: Key Takeaways

This week, the SEC filed a high-profile litigation asserting fraud and internal controls charges against software company SolarWinds Corporation and its Chief Information Security Officer, Timothy G. Brown, in connection with a… more

CFOs, Chief Information Security Officer (CISO), Corporate Counsel, Corporate Governance, Corporate Officers

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Jenner & Block Japan Newsletter - July 2025

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

Arbitration, Consumer Financial Protection Bureau (CFPB), Corporate Governance, Cybersecurity, Data Privacy

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Client Alert: Florida’s New Employer-Friendly Noncompete Law Signals That It’s Open for Business

While many states recently have enacted laws making it harder for employers to enforce noncompetes, Florida is bucking the trend by enacting some of the strongest noncompete protections in the country. The newly enacted Florida… more

Compliance, Employees, Employer Responsibilities, Enforcement, Florida

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Illinois Civil Practice Guide - 2024 Edition

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A… more

Appeals, Commercial Litigation, Depositions, Discovery, IL Supreme Court

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Tinker, Tailor, or Wholesale Reform? The UK’s Data Protection and Digital Information (No.2) Bill

On 8 March 2023 the UK Government released a new version of the Data Protection and Digital Information Bill (the Bill), which is intended to make a series of changes to the UK’s data protection framework found in the UK GDPR,… more

Data Protection, Electronic Communications, General Data Protection Regulation (GDPR), New Legislation, New Regulations

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India Newsletter - June 2025

Here are a few recent legal updates from US and UK of relevance to Indian clients… more

Arbitration, Arbitration Awards, Constitutional Challenges, Department of Justice (DOJ), Executive Orders

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Microplastics Can Lead to Big Lawsuits

Microplastics are small plastic particles released from plastic products as they break down over time, and they are present everywhere in the environment . Although there is not yet conclusive scientific evidence demonstrating… more

Class Action, Consumer Protection Laws, Disclosure Requirements, False Advertising, Food and Drug Administration (FDA)

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Client Alert: A New Era for Immigration Policy and Enforcement: Five Key Issues Affecting Higher Education Institutions - The First 100 Days: Higher Education

With a promise to deliver the “largest deportation” in the history of the United States, President Trump’s 2024 campaign foreshadowed a new era of immigration policy and enforcement. The first two weeks of the second Trump… more

Citizenship, DACA, Department of Homeland Security (DHS), Department of Justice (DOJ), Enforcement Actions

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Client Alert: Evaluating the Impact of Tariffs on Customer and Supplier Relationships

As tariffs are imposed and additional tariffs are threatened, companies concerned about the impacts of tariffs on agreements with customers and suppliers should review their contracts and the parameters of the tariff to… more

Breach of Contract, Contract Disputes, Contract Terms, Dispute Resolution, International Trade

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“Forging New Just War Principles for the Virtuous War Era”

The Just War ethic, with its two pillars jus ad bellum and jus in bello, is central to the evaluation of the morality of entering into and the conduct of war. Whether grounded in custom and tradition, or based on developments in… more

Ethics, Foreign Relations, Human Rights, Military Conflict

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EPA narrows “Waters of the United States” definition following Sackett ruling

The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v… more

Amended Rules, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction

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Client Alert: Court Declares Non-Competes Back in Business

On August 20, 2024, the United States District Court for the Northern District of Texas, in Ryan LLC et al. v. Federal Trade Commission, granted Ryan LLC and the US Chamber of Commerce’s motion for summary judgment and barred… more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Unpacking the Supreme Court’s Decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC

Last week, the Supreme Court issued its decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, a trademark case addressing how the Lanham Act intersects with the First Amendment. While the parties each argued for broad… more

First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Likelihood of Confusion, Parody

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Client Alert: Beyond the 2022 Midterm Election Headlines: Key Developments to Watch for in the Months to Come

On November 8, 2022, Americans headed to the polls for the United States’ 2022 midterm elections, with Democrats upsetting projections of a “Red Wave” and bucking historical trends to hew closely to the status quo. While the… more

General Elections, Legislative Agendas, Local Elections, Political Parties, State Elections

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[Hybrid Event] The 2023 Real Estate Rendezvous: Legal and Business Trends in Real Estate and Hospitality - November 2nd, Chicago, IL

Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends and… more

Best Practices, Cybersecurity, Data Privacy, Events, Eviction

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Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released the… more

Artificial Intelligence, Authorship, Copyright, Copyright Infringement, Copyright Litigation

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Client Alert: Latest Supreme Court Term Presents New Challenges for SEC

The Supreme Court’s most recent term has forced the SEC to face new realities regarding its powers. As has been widely publicized, the Supreme Court’s overruling of Chevron in Loper Bright Enterprises v. Raimondo highlighted… more

Administrative Procedure Act, Chevron Deference, Constitutional Challenges, Enforcement Actions, Judicial Authority

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Client Alert: Proposed Changes to Higher Education Financial and Tax Policy: What Colleges and Universities Need to Know

Both Congress and the White House have sought to introduce new financial restrictions for institutions of higher education, building on efforts made during President Trump’s first term. These proposed restrictions include limits… more

Colleges, Educational Institutions, Endowment Funds, Higher Education Act, New Legislation

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As President Trump Announces New Tariffs, Federal Circuit Questions “Breathtaking” Scope of Trump's Claimed Tariff Authority

On August 3, 2025, the US Court of Appeals for the Federal Circuit, sitting en banc, heard nearly two hours of oral argument in V.O.S. Selections, Inc. v. Trump. Argument focused on whether the president has the authority to… more