Japan

News & Analysis as of

Tokyo Dispute Resolution & Crisis Management Newsletter – November 2016

Negotiating An In-Project Construction Dispute - Introduction - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the...more

Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

November 2016: Asia-Pacific Update

Privacy and Government-Issued Identification in Japan. In this age of proliferate information and increased cyber crime, securing personal information is critical. Even the disclosure of no more than an individual’s social...more

McDermott International Legal Highlights November 2016

The New World of Global Tax Planning: a Checklist for Success - As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more

Litigation and enforcement in Japan: overview

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Recent Developments in Japanese Enforcement of Foreign Bribery Laws

In recent years, Japan has been under increasing scrutiny and pressure from the international community regarding its enforcement of its anti-corruption laws. A signatory to the OECD Anti-Bribery Convention, Japan enacted an...more

Global Privacy and Data Protection Roundup: Fall 2016

Privacy and data protection continues to be an international patchwork of laws impacting how personal data is collected, secured, used and shared across borders, and how we contend with the misuse of information technology. ...more

EU Customs Developments - August - October 2016

EU Customs Policy - Council Conclusions on the Union Customs Code - The EU Council has adopted and published Conclusions on follow-up of the Union Customs Code (UCC). These Conclusions recognise the entry into force...more

The Financial Report, Volume 5, Number 21 - November 10, 2016

Many people reading this issue of The Financial Report will be very surprised by the results of the Presidential election and, as always, many will also be disappointed. But, as typically happens every four years, the...more

Boletín Mensual de Comercio Internacional: Octubre Información con Ènfasis en la Regulación Comercial y de Arbitraje Internacional

Durante el mes de Octubre destacan los siguientes temas: Comercio Internacional, Aduanero, Competencia, Normalización Telecom, Prácticas Desleales, Arbitraje ISDS....more

Five Considerations When Taking Depositions in Japan

Depositions in Japan involve a few extra logistical details. With proper planning and adequate lead time (at least 6 weeks, generally speaking), the following five special requirements mustn’t be a barrier to successful...more

Deposition Horrors!

By Suzanne Quinson Image from thefw.com Halloween is fast approaching, meaning zany costumes, yummy treats, Linus awaiting the Great Pumpkin, and horror stories! All attorneys, paralegals, and court reporters have a few of...more

Countries at a Glance: Japan - Employee Stock Purchase Plans

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - It is becoming more common for employees to claim they have entitlements under Plans. The risk of employee claims for...more

Class Actions Now Available in Japan

Japan has enacted its first class actions legislation, following an international trend seen in the European Union and some other countries in Asia. The new class actions law (the Act on Special Measures Concerning Civil...more

Recognising foreign insolvency proceedings arising in jurisdictions other than the place of incorporation - A case study of Re...

The central question in the case of Re Opti-Medix Ltd (in liquidation) and another matter [2016] SGHC 108 (Opti-Medix) was whether insolvency proceedings in a jurisdiction other than the place of incorporation could be...more

Market Manipulation Using High Frequency Trading and Issues Facing Japan

Centuries ago, a classic tactic to manipulate prices in the Amsterdam Stock Exchange was to spread false rumors that incoming trading companies’ ships were full of furs and diamonds, in attempt to run up prices. Back then,...more

US Commodity Futures Trading Commission Final Rules for System Safeguards for Japan Uncleared Swap Margin Rules

The U.S. Commodity Futures Trading Commission approved a final rule instituting system safeguards testing requirements for designated contract markets, swap execution facilities, swap data repositories and derivatives...more

Tokyo Dispute Resolution & Crisis Management Newsletter – September 2016

A Sleeping Sword – Protection for Japanese Corporations Investing Outside of Japan - A Guide to International Investment Agreements - Introduction - Over the past twenty years, International Investment...more

The Financial Report, Volume 5, Number 18

The SEC recently adopted new rules that substantially amend Form ADV under the Investment Advisers Act of 1940, as amended (the Advisers Act). Although not as comprehensive as the Form ADV amendments adopted in 2011, the new...more

September 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s selection of carriers to operate U.S.-Havana and U.S.-Tokyo (Haneda) air services, the FAA’s implementation of its small unmanned aircraft...more

GPs Operating in Japan: Follow-Up Information Disclosures for Article 63 Filers Is Required

GPs that operate limited partnerships based on the exemption under Article 63 of the FIEA and have recently completed a renewal filing around the end of the grace period (August 31, 2016) are required to prepare Form 20-2...more

Your daily dose of financial news - The Brief – 9.21.16

Testifying before the Senate Banking Committee yesterday, Wells Fargo CEO John Stumpf admitted that the illegal sham-account-creation activity at the heart of its recent SEC fine may have begun earlier than first reported....more

Inbound M&A in Japan: On the Rise

Japan is rapidly shedding its reputation as a country and economy closed off to foreign investment—and M&A dealmakers have been at the forefront of the inbound transaction resurgence....more

Japan steps into Brexit debate with a message to the UK and the EU

The Japanese government has stepped into the Brexit debate with an unprecedented warning to the EU and the UK, saying that Japanese inbound investment into the UK could be put at risk by Brexit particularly if withdrawal...more

Corporate governance: Tools for the job

Japan's corporate governance reforms hold promise of real change. Local and foreign observers have attributed the low "metabolism" of Japan's economy to the low productivity and comparatively low profitability of many...more

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