How unverified claims in advertising can be regulated is a developing legal issue in Japan. What makes this issue complicated is its bearing on the freedom of speech. Depending on how one feels about the degree to which the...more
Japan, similarly to many other countries, has had a long tradition of keeping non-lawyers out of legal practice for the protection of public interest and lawyers’ livelihood. This principal is laid out in Article 72 of the...more
In recent years, we have seen numerous media reports on cases involving suspected misappropriation of trade secrets by foreign companies who have hired former Japanese engineers. Given that Japanese law and Japanese...more
Since 2005, Japanese courts have reviewed the legality of many poison pills and whether they can withstand the shareholder equality principle. Among those cases, of particular interest have been (a) how courts evaluate...more
Transactions within a corporate group can sometimes achieve reduction of tax obligations, regardless of whether or how much such result was intended. One typical way observed is to extend an international intra-group loan by...more
In 2011 and 2012, two Supreme Court cases discussed how the court should calculate damages arising from stock purchase and sale made on the basis of false securities disclosures. In 2021 and 2022, two district courts further...more
As far as one can remember, Japanese agreements have always used seal impressions to give additional weight to signatures and add hurdles to forgery. At least that was how the practice of seal is believed to have begun...more
Discussion with two former senior prosecutors on how to handle cases involving Japanese multinational corporations -
It is not unusual for the U.S. Department of Justice to investigate non-U.S. multinational corporations...more
7/26/2022
/ Attorney-Client Privilege ,
Board of Directors ,
Cooperation ,
Corporate Executives ,
Corporate Monitoring ,
Criminal Investigations ,
Criminal Liability ,
Criminal Prosecution ,
Data Privacy ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Japan ,
Multinationals ,
Patriot Act ,
Recidivism ,
Virtual Currency ,
Webinars ,
White Collar Crimes
Japanese courts strike down a poison pill devised and implemented by the board of directors alone-
Background-
In many jurisdictions, poison pills are devised and implemented by the board of directors without shareholders...more
How an anti-takeover measure can be justified has been argued in many different ways in the last 20 years. In recent significant decisions involving an injunctive motion by the acquirer triggered by the issuance of a poison...more
The thin capitalization tax rules (the “Thin Capital Rules” or the “Rules”) were incorporated into our tax statute in 1992. Then no cases appeared in courts for almost three decades. Recently, however, a new case appeared in...more
Introduction:
The Japanese Supreme Court issued a new important decision that discusses the degree to which punitive damages judgment can be tolerated for purposes of Japanese enforcement....more