Japan

News & Analysis as of

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

TPP Partners at an Impasse as APEC Summit Approaches

In July, trade negotiators from the Trans-Pacific Partnership (TPP) countries gathered in Ottawa, meeting formally for the first time since Brunei in September 2013 to make progress on substantive issues and to reaffirm their...more

ML Strategies’ Energy & Environment Update: July 2014 #2

During the past several years, Europe has installed about 2,000 offshore turbines (6,500 MW of offshore wind generation capacity), with capacity doubling since 2010. Offshore wind provides almost 1% of total power in Western...more

CBP Releases Eligibility Requirements and Security Criteria for its C-TPAT Exporter Program

On July 9, 2014, U.S. Customs and Border Protection (CBP) released the eligibility requirements and security criteria for its expanded Customs-Trade Partnership Against Terrorism (C-TPAT) program. CBP is expanding C-TPAT to...more

Three Thoughts about FINRA’s Weird Japanese Insider Trading Case

One of the things you’re not supposed to do if you’re in the securities business – or any business, really – is buy and sell securities on the basis of material, nonpublic information in breach of a duty not to do so. The...more

Japan Discloses New Efforts to Combat Foreign Bribery, as OECD Steps Up Pressure on Japan to Increase Enforcement

While many people don’t know it, a bribery scandal in Japan in 1976 was part of the motivation for the Foreign Corrupt Practices Act (FCPA), which was signed into law on December 19, 1977. Almost exactly two decades later,...more

FINRA Sanctions a Broker for Violating Japanese Insider Trading Law

On July 2, 2014, FINRA announced that it barred a former equity trader from the securities industry based on its finding that he violated Japanese insider trading law by trading in the securities of a Japanese company listed...more

Japan’s Slow Embrace of Outside Directors

The pressure on Japanese firms to appoint more outside directors is increasing. Japan has long lagged much of the rest of the world in requiring outside directors on the boards of its listed companies. The United...more

Japan To Reduce Corporate Income Tax Rate

The corporate income tax rate in Japan is known to be one of the highest worldwide. To encourage foreign companies to do business in Japan and make Japan a more attractive location for investments, Prime Minister Shinzo Abe...more

The Pivot To Asia And The Inevitable Failure Of The Trans-Pacific Partnershps

TPP negotiators have been through more than twenty negotiating rounds since 2010, meeting in ten different countries. We could spend a lot of time on the details. Businesses have lobbied their particular interests, trying to...more

Protecting Inventions Internationally – PCT Example

The United Kingdom, Japan and Norway, are all members of both the Patent Cooperation Treaty and the Paris Convention. The British Patent Office acts as the Receiving Office for the United Kingdom, the Japanese Patent Office...more

BVI signs TIEA with Japan

The British Virgin Islands (BVI) government entered into its twenty-sixth tax information exchange agreement (TIEA) with the Government of Japan on 18 June 2014. This new TIEA is not present in force but will enter...more

Secured Lender Protection Limited When Bitcoin is Collateral

On June 17, 2014, the U.S. Bankruptcy Court in Dallas granted recognition under chapter 15 of the Bankruptcy Code of the bankruptcy proceeding in Japan of failed bitcoin exchange, Mt Gox. Mt. Gox shut down after claiming to...more

Car Jacking: Former Nissan Employees in Japan Arrested for Suspected Trade Secret Theft

On May 13, 2014, a former employee of Nissan in Japan was arrested by the Economic Affairs Division of the Kanagawa Prefectural Police on suspicion of trade secret theft. The arrest was made under the trade secret provisions...more

Recent Change In Consumption Tax In Japan

The OECD Global Forum on VAT held meetings in Tokyo on 17–18 April 2014. These meetings follow the Global Forum’s first meeting in Paris in November 2012. The meetings in Tokyo were part of a series of events commemorating...more

Nintendo Latest Victory Against NPE

On May 19, 2014 a U.S. District Court in the Eastern District of Texas granted a joint motion to dismiss Wall Wireless’ patent lawsuit against Nintendo filed in February of 2009, which implicated the Nintendo DS and DSi...more

The Return of the Leveraged Loan Market

Increased confidence and appetite for risk developed in 2013 and has continued at pace into Q1 2014. 2013 brought us the highest annual new-issue loan volume in five years. This translated to an impressive year-on-year...more

Regulatory Update: Japan Casinos: Integrated Resort Initiative Update

On December 5, 2013, a cross-party group of Japanese law makers submitted a draft bill (the “Integrated Resort Promotion Bill”) aiming to, among other things, legalize casino gambling. With many now expecting it to pass into...more

Evolving Data Protection Regimes in the Asia-Pacific Arena and Their Impact on Litigation: Part II – Country-Specific Policies

Part I of this article addressed basic concepts of data privacy as set out in the policies of numerous regional and multilateral organizations, including the Organisation for Economic Co-operation and Development (“OECD”),...more

The International Comparative Legal Guide to: Lending & Secured Finance 2014, 2nd Edition -- Acquisition Financing in the United...

2014 Expected to be a Stronger Year for Mergers and Acquisitions in the United States - In 2014, the United States is expected to see an increased level of mergers and acquisitions activity, especially in the middle...more

Benefits of Utility Model Protection

Some countries have a form of patent protection for inventions which do not qualify for regular patent protection. This type of patent—generally called a utility model, and sometimes known as a petty patent—has a lower...more

Red Notice Newsletter

Last month in anticorruption news, one of the world’s largest IT companies agrees to pay a nine-digit settlement to U.S. authorities related to bribes paid in Mexico and Eastern Europe; a Japanese commodities trader agrees to...more

United States And Japan Hit Bumps On The Road To TPP Agreement

Progress on the Trans-Pacific Partnership (TPP) currently is at a standstill while the United States and Japan engage in bilateral trade negotiations. Talks in April were not as fruitful as many had hoped, with issues...more

Anti Money Laundering Initiatives and Lawyers: What We Need to Know

Last Friday I was lucky enough to attend a Symposium at New York Law School entitled "Combating Threats to the International Financial System: The Financial Action Task Force." The Financial Action Task Force (FATF) is an...more

U.S. and Japan Continue Talks on Auto Tariffs

Once again, the United States and Japan failed to reach an agreement on auto tariffs. Tariffs on automobiles are one of the remaining key issues that lie between the two countries in relation to the proposed Trans-Pacific...more

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