Japan: Business Crime Defence & Investigations 2016
Historically, Japan has always ranked among the least corrupt countries in the world. As a country with the world’s third-largest economy by GDP, whose corporations find themselves well established in the market, Japan has never been at the epicentre of an enforcement action under the FCPA rules. Despite the perception that Japan lags behind in terms of foreign enforcement, anti-corruption is a key concern to the Japanese government and large corporate entities.
The Japanese government recently signed the United Nations Convention against Corruption and took steps against domestic corruption by reforming the Penal Code, Unfair Competition and Ethic Acts. This, coupled with the expansion of Japanese corporates into new markets has meant that Japanese multinationals have been brought into contact with more aggressive regulatory bodies, which require a more rigorous and systematic approach to anti-corruption and business crime in general. These conditions have led to an increasingly rich field for practitioners that seek out and mitigate the risks of business crime. In this chapter, five business crime defence and investigations specialists are selected across four firms.
“Big Four” law firm Nagashima Ohno & Tsunematsu is home to Hisaya Kimura, a “distinguished litigator” with a wealth of expertise providing assistance and advice to Japanese companies on discovery matters conducted in Japan.
At Anderson Mori & Tomotsune, Yoshihiro Kai is deemed one of the country’s leading white-collar criminal investigations specialists, with expertise in anti-corruption regulation, money laundering and the FCPA. Clients praised him for being blessed with “an intimate working knowledge of criminal proceedings” stemming from his 17 years of experience as a public prosecutor.
T Kunihiro & Co Attorneys at Law’s name partner Tadashi Kunihiro is praised for his “excellent” practice focusing on corporate compliance and internal investigations.
At Latham & Watkins, Daiske Yoshida* is singled out as “a top-drawer practitioner with an analytical mind”. He has carried out numerous internal investigations in Japan, Europe and the US involving anti-corruption and securities law issues.
* foreign-qualified lawyer