Government Investigations and Crisis Management

An effective response to regulatory and criminal investigations requires a high level of legal expertise as well as deep knowledge and experience in administrative and criminal procedures. Our accomplished lawyers, who are particularly well-versed in these practice areas, form dedicated teams to provide timely and practical advice from the beginning of every case. Furthermore, businesses demand a comprehensive crisis management response to serious incidents arising from corporate activities, including violations of the law by directors or employees, accounting fraud, quality control issues, information leakage, attacks by anti-social forces, and negative campaigns by protest groups and the media. Our firm provides broad support in addressing these critical matters, from conducting internal investigations and assisting in the establishment of third-party committees and compliance programs, to implementing public relations measures and managing related lawsuits.

Government investigations

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.

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Corporate criminal defense

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.

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Internal investigations and organizing third-party committees

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.

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Anti-bribery regulations

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.

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Accounting fraud

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.

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Quality control, product liability and product fraud

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.

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Data Breach and Cyber incident response

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.

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Medical and healthcare regulations

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.

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Advertising and marketing regulations

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.

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Global compliance

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.

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Anti-social forces

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.

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Media control and public relations

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.

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INSIGHTS

PROFESSIONALS

Hidetaka Miyake
HidetakaMiyake
Tokyo
Partner
Tokyo

Partner

Contact
Fraud Investigation/Crisis Management With his background as a public prosecutor, an investigator at the Securities and Exchange Surveillance Commission (SESC) and a fraud investigator/forensic accountant at a Big 4 accounting firm, Hidetaka specializes on investigation of white collar crimes and fraudulent activities such as accounting fraud, market manipulation, insider trading, embezzlement, bribery and cybercrime and handles government inquiries of criminal and administrative authorities. Disclosure Regulations/ Accounting and Auditing With his experience in enforcing disclosure regulations in accounting frauds as an SESC investigator and addressing fraud risk in financial statements audit procedures at a Big 4 accounting firm, Hidetaka advises on disclosure regulations and accounting and auditing issues. Financial Regulations With his experience of being seconded to a foreign asset management and to a domestic major bank, investigation experience of foreign institutional investors' market manipulation and other fraudulent trade and foreign financial institutions' excessive entertainment for public pension fund, Hidetaka generally advises on financial regulations. Compliance Hidetaka generally advises on enhancement of compliance program to address bribery risk, antitrust risk and other compliance risk in response to foreign and domestic enforcements and on issues related to Japanese companies' management of their foreign subsidiaries.
Kazuhilo Kikawa
KazuhiloKikawa
Tokyo
Partner
Tokyo

Partner

Contact
Utilizing his twelve years of experience in the Ministry of Justice and the Prosecutors' Office, Mr. Kikawa represents domestic and foreign clients in administrative and criminal investigations by various enforcement agencies, and in complex commercial, administrative, and consumer disputes. He also has extensive experience in advising on internal investigations into legal violations and corporate scandals, and on compliance with applicable laws and regulations. Although his range of legal practice is broad, he has particular expertise in the following areas. 【Advertising and marketing regulations】 Mr. Kikawa advises clients on advertising and marketing regulations, including matters governed by the Misleading Representation Act, the Pharmaceutical Advertising Regulations, the Medical Advertising Regulations, and the Mail Order Sales Regulations under the Specified Commercial Transactions Act. He provides legal services at various stages, from preventive advice to defense against administrative investigations. 【Healthcare-related regulations and medical disputes】 Mr. Kikawa provides comprehensive legal advice on matters governed by medical, pharmaceutical, and healthcare laws and regulations, including the Medical Care Act, the Medical Practitioners’ Act, and the Pharmaceuticals and Medical Devices Act. He also represents medical institutions and medical professionals in disputes arising in the healthcare field, drawing on his experience as Chief Prosecutor for Medical Affairs at the Tokyo Prosecutors' Office. 【Immigration】 Drawing on his experience at the Ministry of Justice, where he drafted the amendments to the 2009 immigration reform, Mr. Kikawa offers reliable legal advice on visas and immigration matters and represents clients in immigration cases. 【Criminal law】 Mr. Kikawa advises clients on a wide range of criminal matters, including bribery, gambling, immigration and extradition matters. He also represents victims in filing criminal complaints and seeking criminal remedies in cases involving fraud, embezzlement, breach of trust, and misappropriation of trade secrets. 【Administrative investigation defense】 Mr. Kikawa defends clients against administrative investigations by enforcement agencies under various laws and regulations. He focuses on defense strategies aimed at avoiding the imposition of serious administrative sanctions, such as revocation of business licenses, suspension of operations, cease and desist orders or monetary penalties. These defenses are implemented during voluntary inquiries, written representations, in-person hearings, and preliminary injunction proceedings. 【Internal investigations】 Mr. Kikawa conducts internal investigations into legal violations and corporate scandals. He brings extensive experience investigating corporate crimes, including embezzlement and breach of trust, as well as handling incidents related to product quality and safety.
Tomoki Debari
TomokiDebari
Tokyo
Partner
Tokyo

Partner

Contact
Since joining the firm in 2001, Tomoki Debari has been involved principally in the fields of insurance, banking, securities and asset management, as well as M&A projects involving insurance companies and other financial institutions. He has extensive experience representing Japanese and foreign insurance companies in various matters in Japan, including: (a) formation of branches, subsidiaries and insurance joint venture companies in Japan and applications for insurance business licenses; (b) acquisition of shares in insurance companies and/or portfolio transfers; (c) demutualization and other structural changes, including conversion of Japanese branches into subsidiaries licensed to conduct insurance business; (d) strategic alliances and mergers involving insurance companies; (e) outbound investment and/or formation of joint ventures in the U.S., Europe and Asia (including Vietnam, Turkey, Thailand and Singapore) by Japanese insurers; (f) development of new life and non-life product lines; (g) asset management (including real estate, funds and various derivative transactions); (h) reinsurance transactions and ancillary hedging transactions; (i) ongoing advice on all major issues relating to the Insurance Business Act and Insurance Contract Act; (j) litigation and alternative dispute resolution (including disputes relating to reinsurance); and (k) FSA inspections. As an additional area of specialization, Mr. Debari has also developed extensive expertise in environmental law matters. He assisted Japan's Environmental Ministry in its development of the Soil Contamination Countermeasures Act of Japan, adopted in 2002, and since then has advised clients on a wide variety of environmental issues, including: (i) development of environment impairment liability policies and environment remediation expense policies for several insurance companies; (ii) numerous real estate projects in which analysis and management of environmental risks played a key role, including sales, transfers, securitizations and M&A transactions; (iii) global studies by clients in the areas of soil, groundwater, and air contamination (including one such study for a major U.S. airline); (iv) development by clients of emergency reaction and contingency plans against soil and groundwater contamination; and (v) dispute resolution (including both litigation and alternative mechanisms) regarding environmental issues between joint venture partners, as well as with local governments and the public.
Ryohei Onishi
RyoheiOnishi
Tokyo
Special Counsel
Tokyo

Special Counsel

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Tsutomu Miyano
TsutomuMiyano
Tokyo
Partner
Tokyo

Partner

Contact
Mr. Miyano's practice, through over 35 years of his professional carrier, covers really a wide range of areas, including general corporate, commercial transactions, M&A, labor issues and international finance (including securities issuance). He also handles litigations and other dispute solutions and crisis management for corporate clients. So, he is the real "general corporate" lawyer himself. Amongst his wide coverage of practice areas, he has been acting as a regular counsel for several medical device and pharmaceutical companies in Japan and also involved in many transactions relating to them (such as M&A, establishment of joint venture, etc.). He also represents many clients in the telecommunication business sector. He is also knowledgeable regarding restructuring of defaulted bonds (including sovereign bonds), the conducting of related bondholders' meetings.
Shinji Kusakabe
ShinjiKusakabe
Tokyo
Partner
Tokyo

Partner

Contact
Shinji Kusakabe specializes in advising on legal issues in manufacturing, such as commercial transactions and product liabilities. Mr. Kusakabe has a wealth of practical experience in litigation and arbitration, both international and domestic. Mr. Kusakabe's particular specialties lie in providing targeted advice to clients on corporate matters, taking into consideration potential future disputes, and in resolving current disputes in light of actual business practices and circumstances. Cases which Mr. Kusakabe has recently handled include lawsuits related to termination of commercial relationships, illegal transactions conducted by employees, product liability, bid-rigging conspiracies and inventions by employees. Mr. Kusakabe is also actively engaged in international arbitration, including matters arbitrated outside Japan. In addition to his professional experience at Anderson Mori & Tomotsune, Mr. Kusakabe's prior experience includes working as a Foreign Associate at Kelley Drye & Warren's New York office (September 1999 to August 2000) and a full-time secondment to Swiss Bank Corporation's (now UBS AG) Tokyo Legal & Compliance department (February to July 1998). Mr. Kusakabe also served as: Executive Director, the Headquarters for Comprehensive Promotion of Civil Justice Reform of the Japan Federation of Bar Associations (from June 2026); Member of the Advisory Committee for the Establishment of Civil Rules of the Supreme Court (from August 2025); Special Assistant to the President of the Japan Federation of Bar Associations (from April 2025 to September 2025); President of the Daini Tokyo Bar Association (from April 2024 to March 2025); Vice President of the Japan Federation of Bar Associations (from April 2024 to March 2025); Expert Member of the Nuclear Damage Compensation Dispute Review Board (from June 2022 to June 2023); Member of the Code of Civil Procedure (for Introduction of IT) Subcommittee of the Legislative Council of the Ministry of Justice (from June 2020 to February 2022); Governor of the Japan Federation of Bar Associations (from April 2020 to March 2021; Executive Governor from June 2020 to March 2021); Chair of the Committee on Civil Procedure of the Japan Federation of Bar Associations (from June 2019 to May 2021); Examiner for the National Bar Examination and the National Preliminary Bar Examination (in Charge of the Code of Civil Procedure) (from November 2018 to November 2021); Vice President of the Daini Tokyo Bar Association (from April 2017 to March 2018); and Practicing-Attorney-Professor for Civil Advocacy at the Legal Training and Research Institute of the Supreme Court of Japan (from April 2010 to March 2013) (for details of this position, please visit http://www.courts.go.jp/english/institute_01/institute/index.html#Intro ).
Yukiko Imazu
YukikoImazu
Tokyo
Partner
Tokyo

Partner

Contact
Yukiko Imazu focuses her practice in the area of labor and employment and acts on behalf of both Japanese and non-Japanese companies in advising on labor and employment issues. She is also an experienced labor and employment litigator, having successfully defended many cases. She also gives seminars and training sessions regarding labor and employment matters tailored to clients' needs, both in Japanese and English. Especially, she gives a lot of harassment prevention seminars to non-Japanese companies, Japanese companies, Japanese governmental bodies and universities.
Takashi Nakazaki
TakashiNakazaki
Tokyo
Partner
Tokyo

Partner

Contact
My practice focuses on assisting domestic and international clients with personal data and privacy, AI, metaverse and other advanced areas, internet and IT-related matters, copyright, trademarks and other intellectual property rights, and cross-border transactions. For domestic clients, I have also assisted many clients with overseas compliance in the EU and elsewhere. I also deal with a number of more specialised areas, such as cyber security, where ransomware has recently become an issue, economic security, where security clearances are a hot topic, and technical areas such as Radio Act and satellite-related matters. Outside of work, I was a member of a working group that drafted the recently published AI Guidelines for Business, and I serve on a number of expert committees for the Ministry of Economy, Trade and Industry, the Ministry of Internal Affairs and Communications, the Cabinet Office and other government departments. Also I have been commissioned to carry out various surveys for the Personal Information Protection Commission. In Internet-related matters, I have been involved in various service launches and overseas expansion support for SNS, cloud, metaverse and online games, domain disputes and security, as well as compliance with the Personal Information Protection Act, the Funds Settlement Act, the Provider Liability Limitation Act, the Telecommunications Business Act and various other business laws and regulations, and in IT and systems, I have been involved in system development, security and open source software development. The firm assists clients in Japan and abroad with a focus on system development, security and software disputes, including open source.
Takehiro Shibuya
TakehiroShibuya
Tokyo
Partner
Tokyo

Partner

Contact
Takehiro Shibuya is a special counsel of Anderson Mori & Tomotsune. He has extensive experience with financial regulatory issues including the Financial Instruments and Exchange Law and various types of financial transactions. Prior to joining our firm, Mr. Shibuya served as a Securities and Exchange Inspector at the Kanto Local Finance Bureau of the Ministry of Finance for three years, where he was primarily in charge of inspection for financial instruments dealers, examination of insider trading and market operations.
Hitoshi Ishihara
HitoshiIshihara
Tokyo
Partner
Tokyo

Partner

Contact
Hitoshi Ishihara provides a variety of legal services to various international and foreign-affiliated clients establishing and doing business in Japan, with an exceptional focus on cross-border business negotiation, dispute resolution, M&A, international trade, and corporate/commercial matters (including advice concerning corporate governance, compliance, JV management, and internal investigations). His distinctive English skill, backed by over seven years experience in the United States, enables him to effectively bridge the linguistic and cultural gap faced by his clients. Mr. Ishihara also provides pertinent and timely advice that matches the needs of clients expanding overseas, utilizing his rich experience in negotiating and coordinating with clients and counterparts not only from the United States and EU countries, but also in various other jurisdictions including those counties in Asia, Middle East, South America, and Eastern Europe. In the intellectual property field, Mr. Ishihara has extensive experience in IP licensing and transactions and also provides advice on regulatory issues especially in the entertainment field, with an exceptional focus in the field of sports, being only one of the two recommended Japanese lawyers in the field of Sports & Gaming by Lexology, being quoted "Hitoshi Ishihara does not cease to impress market commentators in Japan and abroad with his sports and entertainment practice, with one praising him as "an amazing lawyer - a true number one in the country"." Mr. Ishihara also has extensive focus and knowledge concerning the Japanese casino and gaming laws including the Japanese Integrated Resort (IR) Act, providing advice concerning the Japanese gaming regulations to various operators, suppliers, affiliate marketers, platformers, publishers, foreign law firms, state agencies, and various other stake holders. Mr. Ishihara is the only Japanese attorney-at-law who is admitted as a member of the International Masters of Gaming Law (IMGL), which is a non-profit association of gaming attorneys, regulators, educators, executives and consultants from around the world who are dedicated to education and the exchange of professional information and advice. Mr. Ishihara is quoted by Chambers as "Hitoshi Ishihara's extensive knowledge and experience, as well as his willingness to work closely with clients, make him a very trustworthy lawyer." and has been named "Gaming Lawyer of the Year in Japan" by various publications, such as Acquisition International Magazine, Corporate Intl Magazine, and Global Law Experts Magazine.

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