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Supreme Court of Japan

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Japanese Supreme Court Rules on Regulations Against Unverified Claims in Advertising - The Validity of Regulatory Design Affirmed...

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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

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Judicial Review of Japanese poison pills from the perspective of shareholder coercion—Between Shareholders’ meeting and Board of...

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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

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Tax Avoidance or Not: Restructuring of Multinational Group Companies with use of Intra-group Loan — Deductibility of Interest...

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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

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Calculation of Damages Arising from False Securities Reporting in Japan

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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

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Poison Pill Without Shareholders’ Blessing: Can it withstand the court's review?

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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

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Reasonableness of Poison Pill Examined (3 Japanese Courts Reject Injunction)

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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

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A Japanese Supreme Court Decision on Enforcement of American Judgment with Punitive Damages

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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

Jones Day

Japan Legal Update - Volume 40 | September 2018

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Supreme Court Decides Whether a Fixed Overtime Allowance is Considered Statutory Overtime Wages - On July 19, 2018, in a case in which the parties litigated whether payment of a so-called fixed overtime allowance is...more

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Japan Legal Update - Volume 33 | February 2018

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Disputes - Supreme Court of Japan Overturns the Osaka High Court's Decision Setting Aside an Arbitral Award - On December 12, 2017, the Supreme Court of Japan (Third Petty Bench) overturned the Osaka High Court's...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court of Japan Rules on Arbitrators’ Duty to Disclose Potential Conflicts

Decision adds new burden on arbitrators and creates ill-defined standard for compliance. Arbitrators conducting proceedings in Japan face new requirement of making “reasonable inquiries” throughout proceedings to identify...more

Jones Day

Japan Legal Update - Volume 28 | July 2017

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Labor - Japanese Supreme Court Decision on Overtime Payments to Doctors - In a court case in which a doctor employed by a health care corporation sought extra pay for overtime and late-night work (collectively, "overtime"),...more

Jones Day

Japan Legal Update - Volume 23 | March 2017

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On January 20, 2017, Japan's Ministry of Health, Labour and Welfare issued the "Guidelines for Employers to Appropriately Manage Their Employees' Working Hours" ("Guidelines"). While the Guidelines basically follow the...more

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