Welcome to the October 2024 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the Japanese legal and business communities.
Turning to the content of this month’s issue, the October 2024 edition of our newsletter begins with an update on the status of “non-competition” agreements in the US, which were declared an unfair method of competition by the Federal Trade Commission earlier this year. This is followed by an examination of a recent Notice of Proposed Rulemaking issued by the Committee on Foreign Investment that has wide reaching implications on overseas investors, including those from Japan.
We also address a few major court decisions, including a ruling by the Delaware Supreme Court regarding the fairness standard of review for controlling stockholder transactions; a decision by the US Court of Appeals for the DC Circuit which impacts the Foreign Agent Registration Act; and the Supreme Court’s reversal of the 40‑year‑old Chevron doctrine, which has particular consequence for US regulatory agencies and executive departments. This edition also provides an update on proposed amendments to the English Arbitration Act, recently signed reforms to California’s Private Attorneys General Act, and changes to the National Defense Authorization Act. It also contains an overview and prospects regarding the Infrastructure Investment and Jobs Act and Inflation Reduction Act.
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
CFIUS
2024 CFIUS Developments: Implications for Japanese Investors in the United States
Noncompete
Non-Competition Agreements Still in Play, for Now
Corporate
Delaware Supreme Court Clarifies MFW Framework
Arbitration
Amendments to the English Arbitration Act on Hold
Corporate
Drafting Oversight Costs Seller $109 Million: The Save Mart Case
Mergers & Acquisitions
Changes to Reporting Requirements for U.S. Defense Transactions
PAGA
California Governor Signs PAGA Amendments into Law, Declaring “a big win for both workers and businesses.”
Energy
Energy Infrastructure Funding Opportunities under the Infrastructure Law and Inflation Reduction Act
FARA
DC Circuit Upholds Bar on Registration for Former Foreign Agents
US Supreme Court
End of an Era: The Supreme Court Reverses Chevron
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