Welcome to the May 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese legal and business communities.

In this edition, we review a number of topical subjects spanning a range of industries and legal practice areas. It begins with a look at a recent Federal Trade Commission vote that effectively bans most noncompete agreements in the United States. This is followed by an examination of the US Department of Justice’s new whistleblower rewards program aimed at combating potential risks posed by artificial intelligence.

Additionally, we cover several developments in the data privacy space, including a settlement for an enforcement action of the California Consumer Privacy Act (CCPA) and updates on recent privacy violation class action suits brought against technology companies. This edition also addresses the state of the Energy Charter Treaty (ECT), which has recently seen several key members – including the UK – withdraw or indicate their intent to withdraw. We then examine two areas of corporate transparency: the obligation of directors and officers of an organization to report shortcomings of oversight or “red flags”; and new “beneficial ownership information” reporting requirements under the Corporate Transparency Act. Also covered is a split decision by a federal circuit panel which held that the safe harbor provision in §271(e)(1) applies if the allegedly infringing activity involves pre-market commercial products. We also look at settlement regarding the lawfulness of noncompete and non-solicit requirements for low level, nonmanagerial employees of an organization. Finally, this edition includes introductions to Jenner & Block’s Protecting Confidential Legal Information handbook and Anti-Corruption Guide, which are both accompanied by links to view the complete publications.

We hope that you find the information in the Jenner & Block Japan Newsletter of interest. We thank you for taking the time to review our publication.

Regards,

The Jenner & Block Team

Articles -

FTC

FTC Votes to Effectively Ban Noncompete Agreements

Department of Justice

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

Noncompete

NLRB Settles Noncompete Regulatory Action

Privacy

California Attorney General Ramps Up CCPA Enforcement with DoorDash Settlement, Reinforces CalOPPA Principles

Arbitration

What Is the Future of Energy Charter Treaty (ECT)?

Corporate

The Duty of Directors and Officers to Respond to Red Flags

Arbitration

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

Patent

The Safe Harbor Provision in §271(e)(1) Protects Acts of Infringement Connected to Submissions of Data to Federal Agencies

Corporate

Reporting Requirements under the Corporate Transparency Act

Privacy

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

Privilege

Protecting Confidential Legal Information Introduction

Anti-Corruption

Anti-Corruption Guide Introduction

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