The NO&T Podcast - EN

Nagashima Ohno ＆ Tsunematsu

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. 6d ago

    Episode 17: Third-Party Committees – 'own goal' no. 1

    Scrutiny from regulators outside Japan: Challenges for Japanese companies Japanese companies often establish a Third-Party Committee (TPC) to investigate allegations of misconduct in Japan. The TPC comprises at least three members who are independent from the company. The TPC's investigation report is made public at the end of the process. The TPC investigation creates regulatory and litigation exposure outside Japan because the company's communications with the TPC and the TPC's investigation itself are not protected by legal professional privilege.  Why are companies content to submit to an investigative process which dramatically increases their regulatory and litigation risk outside Japan? Speakers: ⁠⁠John Lane⁠⁠, ⁠⁠Daisuke Fukamizu, ⁠⁠Anup Bharadwaj You can find the slides for this episode at: https://www.nagashima.com/en/seminars/seminar20260929-1/ Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  2. Sep 14

    Episode 16: No legal privilege in Japan

    Scrutiny from regulators outside Japan: Challenges for Japanese companies The Japanese legal system does not have a system of legal professional privilege that operates in the same way as in common law jurisdictions.  Many Japanese companies and their counsel are unaware of how to maintain privilege protections in the context of overseas litigation and regulatory investigations.  As a result, Japanese companies will sometimes make decisions or take actions that inadvertently waive privilege, thereby increasing the company's risk exposure.  How can Japanese companies ensure that they maintain the protections offered by legal privilege to reduce their regulatory and litigation risks overseas? Speakers: ⁠⁠John Lane⁠⁠, Junichi Ikeda⁠⁠⁠, ⁠⁠⁠Peter Bungate You can find the slides for this episode at: ⁠https://www.nagashima.com/en/seminars/seminar20260915-1/ Featured topics page: ⁠⁠⁠https://www.nagashima.com/eng/lp/overseas_regulatory_scrutiny/

  3. Aug 31

    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/

  4. Jul 20

    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/

  5. Jul 6

    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/

  6. Jun 22

    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/

  7. Jun 8

    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/

  8. May 25

    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/

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About

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.

Information

  • Creator
    Nagashima Ohno ＆ Tsunematsu
  • Years Active
    2022 - 2026
  • Episodes
    24
  • Rating
    Clean
  • Copyright
    © Nagashima Ohno ＆ Tsunematsu
  • Show Website
    The NO&T Podcast - EN

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