The FCPA Report

The definitive source of actionable intelligence covering the Foreign Corrupt Practices Act

Articles By Topic

By Topic: Japan

  • From Vol. 5 No.2 (Jan. 27, 2016)

    Japanese Companies Face Growing Anti-Corruption Enforcement Risk

    When companies talk about compliance risk in East Asia, China often dominates the discussion. Japan, on the other hand, is rarely the center of the conversation. While China has routinely been involved in headline-making anti-bribery enforcement actions, Japan, with its mature economy and well-established corporate institutions, has never been the locus of an enforcement action under the FCPA. However, the relative lack of recent enforcement activity does not mean that Japanese multinational corporations should be complacent about anti-bribery enforcement risk. In a guest article, Ananda Martin, a partner in Paul Hastings’ Shanghai office, and Jianxiong Wu, an associate in Paul Hastings’ Tokyo office, analyze the risks that Japanese companies face, both at home and abroad. See also “Lack of Training and Due Diligence Leads to $19 Million Penalty for Hitachi” (Oct. 7, 2015).

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  • From Vol. 2 No.8 (Apr. 17, 2013)

    Representing Foreign Companies in Criminal FCPA Actions: Strategies for Handling the Legal, Practical and Cultural Challenges

    Many FCPA investigations and prosecutions involve foreign companies or foreign subsidiaries of U.S. companies.  When the DOJ investigates or commences a criminal enforcement action against a foreign company, local laws, customs and practices can create challenges for unwary U.S. counsel in areas such as discovery and attorney-client privilege.  A recent event shed light on the topics that frequently come up when dealing with a foreign company client: attorney-client privilege, cross-border discovery, data privacy, obstruction of justice and extradition.  The event participants, all partners at Kaye Scholer LLP, also shared advice on working with in-house counsel in Japan and China and addressed other practical issues specific to the European Union, China and Japan.

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