Legal Alert | Japan is Primed for Increased Foreign Direct Investment
Patent Grace Period Considerations in Australia, Japan, South East Asia and the U.S.
Greater Speed and Efficiency: Steps IP Offices Around the World Are Taking to Streamline the Patent Process
Nota Bene Episode 109: Asia Q1 Check In: China’s Emergence as the Number One World Economy and New Hegemonic Role in Asia with Paul Kim
Nota Bene Episode 69: Asia Check In: The Coronavirus’s Impact on Business, the Trilateral Summit, and Japan’s Criminal Justice System with Paul Kim
Dr. Frederick Ch’en discusses generic drugs and the changing pharmaceutical landscape in Asia
Spencer Klein Talks M&A with Mergers & Acquisitions Magazine
A perfect storm of volatile market conditions and investor demands is brewing in Japan, fostering an environment ripe for increased shareholder activism in 2025 - Global shareholder activism surged in the first half of...more
Stronger stock market performance bodes well for exit conditions in Japan’s rapidly maturing PE space - Interested observers have long anticipated the “arrival” of Japan’s private equity market. As the world’s...more
As the proposed $14.9 billion acquisition of U.S. Steel by Nippon Steel garners global attention, its implications extend far beyond mere corporate gains. This merger symbolizes a strengthening of the crucial U.S.-Japan...more
As we move into 2024, legislative reform is on the minds of competition regulators in the region as they turn to competition policy to address perceived challenges in market structures and limit the extent to which businesses...more
M&A in Japan has remained steady since the outlier spike in activity in Q4 2021, with that momentum continuing in the first months of this year. In Q1 2023, there were 196 deals, almost exactly matching the 192 total in the...more
Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more
At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more
Two New Reports Published on the LODEINFO Malware Targeting Japanese Organizations - Kaspersky researchers have recently published two (2) reports on their observations of APT10, the Chinese Cicada hacking group abusing...more
The outlook for inbound mergers and acquisitions opportunities in Japan is bright with the yen at a 20-year low. The yen’s recent plunge to around 135 to the U.S. dollar has made Japanese assets approximately 20% cheaper...more
Ambitious decarbonization targets and high investment returns are drawing interest from both local and international buyers - M&A in Japan’s energy and utilities sectors has reached a new peak in recent years, with 24 deals...more
Attitudes are shifting, thanks to changes in corporate governance - Japan has long resisted unsolicited takeovers. Despite the prevalence of such transactions in other large M&A markets such as the US and in Europe, never...more
Driven by changing attitudes and economic priorities, Japan remains a powerful outbound investor and is becoming an increasingly popular destination for inbound transactions....more
Companies with business operations in Japan should review due diligence procedures and internal policy regarding small facilitation payments to ensure they are consistent with new guidance from METI. In May 2021, the...more
In light of the COVID-19 pandemic, our 9th McDermott International Seminar Series will be held as a virtual series, with eight sessions taking place between January 21 – February 4, 2021. Though we cannot see you in person,...more
During FY 2019, the Japan Fair Trade Commission ("JFTC") received 310 notifications, which is a 3.4 percent decrease from FY 2018. It provided clearance for 300 cases at Phase I review. Two cases were sent to Phase II review....more
The COVID-19 pandemic is bringing unprecedented disruption to the global M&A market. Even in today’s uncertain environment, however, certain deals are still moving forward. To usher existing agreements to successful...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
Japan's Ministry of Economy, Trade and Industry completely revised the 2007 MBO guidelines on June 28, 2019. The new guidelines, now termed "Fair M&A Guidelines," include within their scope acquisitions by controlling...more
Firms targeting assets divested by conglomerates still face obstacles, though barriers to PE investment in Japan are gradually falling. Many hurdles that traditionally challenged private equity firms looking to invest in...more
Big Tech as well as other global companies will likely have to modify their business models - Japan’s growing e-Commerce market continues to benefit both businesses, which are able to reach more customers and reduce...more
Corporate - Japanese Government Issues M&A Guidelines - On June 28, 2019, Japan's Ministry of Economy, Trade and Industry issued the "Fair M&A Guidelines: Enhancing Corporate Value and Protecting Shareholders'...more
On May 6, 2019, Skadden hosted the Cross-Border M&A Conference 2019, titled “Developments and Trends in US and Japanese M&A.” Key takeaways from the two panel discussions are summarized below....more
Overview of Regime and Upcoming Amendments - On May 27, 2019, the Japanese government published amended rules that aim to tighten the regulatory requirements applicable to foreign direct investment (tai nai chokusetsu...more
And when buyers feel unable to conduct enough due diligence, our survey finds that many (44 percent) buyers are unafraid to walk away. The top reason buyers walk away from deals, cited by 67 percent of respondents, is the...more
Tokyo Stock Exchange Announces Revisions to Corporate Governance Code - On June 1, 2018, the Tokyo Stock Exchange ("TSE") announced revisions ("Revisions") to the Corporate Governance Code ("CG Code"). The CG Code...more