The NO&T Podcast - EN

Nagashima Ohno ＆ Tsunematsu
  • 4.8（8）
  • ビジネス

In this series of podcasts, NO&T lawyers discuss hot topics and share their insights about opportunities and risks in the Japan legal market and other global legal markets. This podcast is broadcasted in English. There is a separate channel for Japanese content provided by NO&T lawyers. *Please note that this podcast is for informational purposes only and does not constitute legal advice. In addition, it does not reflect information that became available after its recording date.

  1. 3日前

    Episode 15: Disregarding new information because the decision has already been made

    Scrutiny from regulators outside Japan: Challenges for Japanese companies Japanese companies prefer to act in accordance with established practice and previous decisions. This can make it difficult to revisit a decision once made, even if new, relevant information becomes available.  Conservatism and inflexibility in decision-making can create issues when a company is exposed to regulatory scrutiny or litigation outside Japan. What risks arise for Japanese companies operating outside Japan if the highest priority when making important decisions is that a certain process has been followed rather than a careful analysis of all critical information? Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Yuta Sugie, ⁠⁠Nina Newcombe⁠⁠ You can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260901-1/ Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  2. 7月20日

    Episode 14: Lying and obstruction in investigative interviews

    Scrutiny from regulators outside Japan: Challenges for Japanese companies While lying in investigative interviews is common across cultures, its frequency and persistence in Japanese companies can complicate, unnecessarily delay or even obstruct regulatory investigations.  This kind of conduct also heightens the risk that efforts to build rapport and trust with the regulator will be undermined leading to more severe sanctions on the company.  Why does dissembling seem pervasive during investigative interviews of employees at Japanese companies?  Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Ayumi Fukuhara, ⁠⁠Nina Newcombe You can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260721-1/ Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  3. 7月6日

    Episode 13: Paralysis in the face of 'difficult' decisions

    Scrutiny from regulators outside Japan: Challenges for Japanese companies Japanese companies can find it difficult to make and implement decisions that represent significant departures from past practices — even when those practices are unlawful or no longer viable. Why do Japanese companies hesitate to make decisions that break from precedent, even when maintaining the status quo would harm the company? Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠ ⁠⁠Hironobu Tsukamoto⁠⁠, ⁠⁠Anup Bharadwaj You can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260707-1/ Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  4. 6月22日

    Episode 12: Attempting to check what competitors are doing when misconduct is identified

    Scrutiny from regulators outside Japan: Challenges for Japanese companies Some Japanese companies will downplay the seriousness of misconduct and can even resile from implementing appropriate remedial measures once they become aware that a competitor is engaging in similar misconduct. Does this 'two wrongs makes a right' approach increase a company's regulatory risk in relation to non-Japanese regulators? Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Peter Bungate⁠⁠, Anup Bharadwaj⁠ You can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260623-1/ Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  5. 6月8日

    Episode 11: Why conditions are ripe for fraud

    Scrutiny from regulators outside Japan: Challenges for Japanese companies Let’s assume that fraud does not occur more frequently at Japanese companies than at companies in other highly-developed economies. Even if this assumption is correct, several underlying factors in Japanese corporate culture and structures create an environment where identifying and then stopping fraud or misconduct is difficult. The result is that misconduct can continue for long periods.  When corporate fraud is uncovered in Japan, the problem is often more serious than it otherwise would have been if it had been detected and stopped earlier.  The length of the fraud is one of the key factors that non-Japanese regulators look at when evaluating the egregiousness of the misconduct and the amount of any penalties. Are there certain aspects of Japanese corporate culture which make fraud difficult to stop once it occurs? Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠⁠Kensuke Suzuki⁠⁠⁠, Peter Bungate You can find the slides for this episode at: ⁠⁠https://www.nagashima.com/seminars/seminar20260609-1/ Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  6. 5月25日

    Episode 10: Behaviour in public and private are very different in Japan

    Scrutiny from regulators outside Japan: Challenges for Japanese companies Public behaviour in Japan is often characterized as courteous, rule-abiding, and considerate — and this is largely true. This behaviour is driven by a feeling of ‘external observation’. Expressed differently: Japan is very densely populated and others are always around ready to judge; since inconveniencing others brings social opprobrium, public life plays out in very scripted ways. It is stressful to always be observed. So, in private settings, or when scrutiny is absent, many individuals understandably let their guard down. Sometimes this can lead to a disregard for legal or safety norms. But it is a mistake to rationalise or ignore misconduct on the assumption that it will remain internal or hidden. How does the contrast between behaviour in public and private settings in Japan affect compliance, decision-making, and risk exposure at companies?  Sources: Mitsubishi Electric: CEO exit will not end Japan Inc’scover-up culture. (2 July 2021). Financial Times. ⁠https://www.ft.com/content/708a855f-6f02-4382-9f7d-24f26789c890⁠ Speakers: ⁠⁠⁠John Lane⁠⁠⁠, ⁠⁠⁠Peter Bungate⁠⁠⁠, ⁠⁠⁠Nina Newcombe⁠⁠⁠, ⁠⁠⁠Anup Bharadwaj⁠⁠ You can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260526-1/ Featured topics page: ⁠⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  7. 5月11日

    Episode 9: ‘Shoganai’ mindset

    Scrutiny from regulators outside Japan: Challenges for Japanese companies In Japanese corporate culture, shoganai — the belief that ‘it can’t be helped’— can reinforce a fatalistic acceptance of problems within the organization. It can discourage employees from questioning authority, reporting misconduct, or pushing for change. When unethical practices, inefficiencies, or questionable decisions are met with resignation rather than resistance, harmful issues are allowed to persist unchecked.   What steps can Japanese companies take to foster accountability and openness in the face of a shoganai mindset — especially when operating internationally where shoganai culture is not understood or accepted, and can be viewed as complacency or even a lack of integrity? Speakers: ⁠⁠John Lane⁠⁠,⁠ Sho Awaya⁠, ⁠Peter Bungate⁠⁠ You can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260512-1/⁠⁠. Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  8. 4月20日

    Episode 8: Employees who engage in misconduct are rarely terminated

    Scrutiny from regulators outside Japan: Challenges for Japanese companies It is not uncommon for Japanese companies to retain employees who have engaged in wrongdoing without subjecting those employees to disciplinary action proportionate to the misconduct in question.  This can send a strong message to overseas regulators that the company condones the misconduct despite statements to the contrary. The company risks damaging its credibility with the regulator which can lead to the imposition of significantly harsher penalties.  Why would any company want to retain employees who have committed crimes or whose conduct has caused the company to breach its legal and regulatory obligations? Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Akiko Inoue⁠⁠, ⁠⁠Nina Newcombe You can find the slides for this episode at: ⁠https://www.nagashima.com/en/seminars/seminar20260421-1/⁠. Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

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評価とレビュー

4.8
5段階評価中
8件の評価

番組について

In this series of podcasts, NO&T lawyers discuss hot topics and share their insights about opportunities and risks in the Japan legal market and other global legal markets. This podcast is broadcasted in English. There is a separate channel for Japanese content provided by NO&T lawyers. *Please note that this podcast is for informational purposes only and does not constitute legal advice. In addition, it does not reflect information that became available after its recording date.

情報

  • クリエイター
    Nagashima Ohno ＆ Tsunematsu
  • 配信期間
    22年 - 26年
  • エピソード
    22
  • 制限指定
    不適切な内容を含まない
  • Copyright
    © Nagashima Ohno ＆ Tsunematsu
  • 番組のWebサイト
    The NO&T Podcast - EN

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