In recent years, there is an increasing number of cases whereby companies are being investigated by the authorities pursuant to various laws and regulations. In order to avoid and/or mitigate administrative disciplinary action, it is important to understand the regulators’ perspective and appropriately handle these governmental investigations. Many of AMT’s lawyers have previously been working at various government agencies and can provide invaluable practical advice in each case as well as build teams that represent clients most effectively.

In order to mitigate liabilities when companies, their executives and employees are subject to criminal investigation or prosecution by the authorities for offenses that have presumably occurred in the performance of their corporate duties, it is important for the defense team to understand the investigating authorities’ perspective. A number of AMT’s lawyers used to be prosecutors and their familiarity with criminal practices helps them effectively represent clients throughout investigation and trial procedures. As former prosecutors, they have the knowledge-base and understanding of the investigating authorities’ practices as well as awareness of the latest trends in the criminal justice system.

When misconduct or violation of the law is discovered within a corporation, it is necessary to promptly investigate the facts, decide on internal disciplinary action, formulate measures to prevent recurrence thereof and file a criminal complaint with the relevant authorities. Depending on the context and nature of the case, companies may be required to set-up a third-party committee, comprised of outside professionals, and be accountable vis-a-vis shareholders. AMT has extensive experience assisting clients undertaking internal investigations and organizing such third-party committees, providing prompt and appropriate support in a manner best suited for each individual case.

Bribery of public officials whether in Japan or abroad, if discovered, is subject to investigation by domestic and foreign authorities. In Japan, there is an increase in the number of cases that constitute bribery (under the Criminal Code) and offenses of bribing foreign public officials (under Unfair Competition Prevention Act) being exposed. There are many cases that are causing substantial concern for companies whereby the offenders are subject to severe punishment, such as elevated fines, imposed by the application of foreign anti-bribery laws (the Foreign Corrupt Practices Act (FCPA) in the U.S., for example). AMT has diverse knowledge of anti-bribery regulations in Japan and abroad. In addition to providing advice on the implementation of policies for dealing with bribery, we also assist in investigating facts and communicating with the authorities in Japan and abroad.

Account window-dressing or forging virtual transactions at a company’s foreign subsidiary, when discovered, necessitates conducting, within a very tight timeline, an inquiry to confirm the facts and analyze the causes thereof. It also requires dealing with shareholders and various institutions, such as audit firms, the Financial Services Agency and Local Finance Bureau, the Securities and Exchange Surveillance Commission and the financial instruments exchange. Having worked at the Securities and Exchange Surveillance Commission and audit firms, many of AMT’s lawyers have deep knowledge and vast experience dealing with large-scale accounting fraud and participating in third-party committees in relation thereto. They can support the establishment and administration of investigative committees and communicate with various stakeholders.

Issues involving quality control and product liability, such as performance falsification, improper inspection, data alteration and/or incidents that occur as a result of manufacturing failure or defects necessitate a simultaneous and appropriate investigation of facts, internal disciplinary action and dealing with customers and business connections as well as regulators. These issues may affect the life and body of a person and, as more products are being exported, there is an increase in the number of cases exposed by foreign regulators. Handling such cases inappropriately may result in severe reputational damage to a company within Japan and abroad, to the point that the survival of the business may be at stake. Having handled numerous incidents involving quality control, product liability and product fraud in Japan and abroad, and based on such accumulative knowhow, AMT is able to provide legal advice that is individually tailored to each case.

When there is a leak of personal or confidential information or there is an external cyber attack, such event necessitates an investigation of the facts and dealing with victims, regulators and public relations. It is important to keep in mind that in recent years, there is a global trend by legislators to regulate the protection of information which can be disclosed, such as the General Data Protection Regulation (GDPR) in the EU, the Cybersecurity Law of China and California Consumer Privacy Act (CCPA). AMT has vast experience in and knowledge of the regulation of information domain in Japan and abroad, supports clients dealing with various issues and assists in formulating measures to prevent the recurrence of such leakage.

Companies in the medical and healthcare sector must comply with various laws and regulations, including the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, Medical Care Act, Medical Practitioners’ Act and the Food Sanitation Act. AMT’s lawyers possess deep knowledge of and familiarity with medical and healthcare regulations and support clients in dealing with regulators’ investigations, provide administrative guidance and advice on compliance issues regularly arising in the course of business.

When companies conduct advertising and marketing, they must comply with various laws and regulations, including the Act against Unjustifiable Premiums and Misleading Representations, Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices, the Act on Specified Commercial Transactions, Consumer Contract Act and the Unfair Competition Prevention Act. Based on our broad expertise and vast experience in advertising and marketing regulations, AMT’s lawyers support clients in dealing with regulators’ investigations, injunction claims and a Japanese-version of class actions filed by consumer groups. We also provide services of vetting advertisements and displays from a business perspective and suggesting alternative expressions.

When companies conduct business abroad, they must assure being in compliance with local laws and regulations and deal with domestic regulators. In recent years, the number of cases of misconduct occurring within overseas subsidiaries and affiliates of Japanese companies is increasing. It is imperative that such companies establish an appropriate global compliance system to oversee the activities of the entire group in Japan and abroad. Through its multiple foreign offices and numerous partnerships with foreign law firms, AMT is experienced in handling various cases of overseas compliance matters and provides legal advice to help its clients formulate measures to prevent the recurrence of events. As part of proper corporate governance, we also advise on the establishment of a global compliance system to prevent potential violations.

When companies find their business relations to include anti-social forces or when they receive unjust demands therefrom, it is necessary to assume immediate and appropriate action to disengage and secure the safety of the organization. Through participation in the Tokyo Bar Association’s Special Committee on Measures against Racketeering through Intercession in Civil Disputes, AMT’s lawyers have vast experience in dealing with anti-social forces and can provide expert advice and support to clients struggling with such issues.

In dealing with regulators and crisis management, it is absolutely necessary to handle communications with mass media and public relations appropriately. It is also important to consider matters, such as the content and timing of publication and whether or not to hold a press conference in certain situations. In addition to reputational damage, mishandling such issues may result in detrimental impairment to the corporate value. Depending on the circumstances, in order to mitigate reputational risk for companies handling mass media and public relations, AMT provides services, such as drafting publications, suggesting how to respond to anticipated questions, notices to customers and preparation for press conferences.