弁護士等紹介

LAWYERS

EIGUCHI Manabu

EIGUCHI Manabu

Title
Partner
Languages
Japanese (native)/English
Telephone Number
+81-3-3214-6244
E-mail address
meiguchi@iwatagodo.com

Career Summary

November 1980
Born in Tokyo
March 1999
Graduated from Sugamo High School
March 2004
Received his LL.B. from the University of Tokyo
March 2006
Received his J.D. from Law School, Chiba University (Received a Commendation from the President)
September 2007
Received his Diploma from the Legal Training and Research Institute of the Supreme Court of Japan (old 60th)
September 2007
Registered as a Japanese attorney and worked for Paul Hastings Gaikokuho Kyodo Jigyo
September 2009
Worked for Nomura Houritsu Jimusho
May 2011
Worked for West Holdings Corporation
July 2013
Joined Iwata Godo
April 2021
Appointed as a Specially Appointed Associate Professor of Law Shool, Chiba University.

Message

I have accumulated extensive expertise in corporate legal affairs, particularly in competition law cases and crisis management cases related mainly to the Antimonopoly Act and the Subcontract Act. While making use of this expertise, I am devoting myself to every one of my cases by carefully handling them in order to gain trust from my clients.

Professional Memberships

Associate Member of Japan In-House Lawyers Association

Engaged Cases/Lectures/Publications

1. Competition Law Cases
(1) Cases related to Antimonopoly Act・Dealing with compulsory investigations of the Fair Trade Committee of Japan (JTFC) into bid-rigging over earthquake reconstruction projects
・Dealing with JTFC’s on-site inspections into unjust restraint of trade (cartels, etc.) and subsequent investigations of administrative authorities
・Leniency applications (several dozen of cases particularly with manufacturers and constructors. Also, has a track record of full exemption from surcharges.)
・Dealing with cases regarding requests for trial against JTFC (representing a respondent)
・Consultation on: unreasonable restraint of transactions such as bid rigging, cartels, and abuse of dominant bargaining position; business alliance; and, OEM business, etc.

(2) Cases related to Subcontract Act
・Dealing with investigations (document investigations, field investigations) of JFTC or Small and Medium Enterprise Agency
・Dealing with recommendation and instructions subsequent to the investigations 
・Supporting voluntary reporting on violation (“leniency under the Subcontracting Act ”)

(3)Cases related to Act on Special Measures for Consumption Tax Shifting・Dealing with investigations (document investigations, field investigations) of JFTC, etc.
・Dealing with instructions subsequent to the investigations
・Supporting violation reporting prior to investigations

(4) Cases related to the Premiums and Representation Act
・Negotiations with the Consumer Agency regarding suspected acts of violating the Premiums and Representation Act(As a result, the case termination without investigation, etc.)
・Consultation on the labeling regulations/premiums regulations under the Premium and Representation Act

(5)Others
・Dealing with international cartel cases by cooperation with overseas law firms.
・Serving as a lecturer of the trainings for corporations with regard to the competition law

(6)List of Main Lectures and Publications
A.  Lectures
・“Course to Learn the Subcontract Act in Relation to Private Brands (PB)” (February 2018, the Fair Trade Institute)
・“ Main points of the Act on Special Measures against Passing-on of Consumption Tax - By comparing with the Subcontract Act” (July and August 2019, at SMBC Consulting)
・“‘Proactive’ Legal Strategy through Compliance with the Subcontract Act and the Act on Special Measures Concerning Proper Transfer of Consumption Tax” (March 2019, at Business Research Institute)
・“Key Points for Forwarding Procedures and Taking Preventive Legal Measures regarding Antitrust Laws with Consideration of Investigative Practice of the Japan Fair Trade Commission” (February 2019, at Business Research Institute)
・“Training Course for Practitioners of the competition law: Basics of the Subcontract Act and Key Points of Practical Measures to be Taken for the Act” (January 2019, the Fair Trade Institute)
・“How Legal and HR Departments Should Interpret the Antimonopoly Act, etc. in respect of Human Resources” (December 2018, at Business Research Institute)
・“Seminar on Global Antimonopoly Laws - Key Points in Legal Practices Concerning Enforcement by Antimonopoly Authorities – from Perspectives at Home and Abroad” (March 2018, co-hosted by Business Law Journal and Iwata Godo)
B. Publications
・“Restraints of Trade and Dominance in Japan: Overview” (co-author, Thomson Reuters Practical Law, 2021)
・ “Impact on Competition Law AI Brings About - from Digital Cartels to the Compliance System Required in the Digital Age –“ (co-author, December 2021 issue of Chizaikanri published by Japan Intellectual Property Association)
・“Q&A: Complexity and Business Practice of the Anti-Monopoly Act and Intellectual Property Rights; Guidance for Achieving Compliance by Understanding from Basics to Applications,” (Editors and author, Nihon Kajo Publishing Co., Ltd., 2020)
・“[Understand by Q & A] Response to Delayed Delivery Triggered by the Expansion of the New Coronavirus Infection” (Netpress, 2020 provided by SMBC Consulting Co., Ltd.)
・“Cartel leniency in Japan: overview” (co-author, Thomson Reuters Practical Law, first appeared in 2018 and updated in 2020)
・“No Further Delay in Countermeasures! - Points to Remember on the Act Concerning Special Measures for Correcting Practices Impeding Consumption Tax(Netpress 2019 provided by SMBC Consulting Co., Ltd.)
・“Putting a Scalpel of the Antimonopoly Act into the Area of labor laws” (5th article of the "At the Base of Laws" series, page 6 of Kinyu Keizai Shimbun dated on August 6, 2018)
・“Theories and Business Practices of Prescription and Limitation of Period” (co-author, section of the Antimonopoly Act, 2018)
・“Key Points in Reviewing Manual on Compliance with Investigation Procedures under the Anti-monopoly Act”(co-author, Business Law Journal No. 120)
・“【How to Prepare for Investigation by the Japan Fair Trade Commission】 Enforcement Status of the Subcontract Act and Points for Compliance with the Act” (Netpress 2018 provided by SMBC Consulting Co., Ltd.)
・“Strategic Legal Practices Actively Using the System of Voluntary Reporting on Violation of the Subcontract Act (Part I/Party II)”(co-author, Business Law Journal No. 109 and No. 110)

2. Crisis Management Cases
(1) External Committee Member
・Appointed as an external investigation committee member of a company preparing for listing (August, 2019)
・Appointed as a third-party committee member of a company listed on the first section of the Tokyo Stock Exchange (March 2019)
・Appointed as a special investigation committee member of a company listed on the first section of the Tokyo Stock Exchange (February 2019)
・Appointed as a special investigation committee member of a company listed on the second section of the Tokyo Stock Exchange (November 2018)

(2) Internal Committee Member
・Appointed as a special investigation committee member of a listed company
・Appointed as an internal investigation committee member and a secretariat member of a compliance committee

(3) Others
・Serving as a lecturer of compliance trainings for officers.
・Dealing with the investigations of Securities and Exchange Surveillance Commission (SESC)
・Receiving whistle-blower hotline calls for listed companies and providing advice on investigation procedures, etc. appropriate to the details of the whistle-blowing

(4) Major Lectures / Publication
A. Lecture
・“Guidance and Advice on Crisis Management Measures” (at Business Research Institute, February, 2020)
B. Publication
・“Third Party Committee - Establishment and Operation (Revised version) ”(Editor and author, 2020)

3. Cases related to Companies Act and Regulations
(1) Cases related to Companies Act
・Providing support to organize shareholders meetings (handling proposals from shareholders, attending meeting rehearsals and actual meetings, etc.)
・Serving as representative in actions for revocation of resolutions at general meetings of shareholders, actions for declaratory judgment of non-existence of resolutions at general meetings of shareholders, and cases of provisional dispositions concerning general meetings of shareholders (permissible exercise of voting rights, etc.)
・Dealing with shareholder derivative actions
・Providing advice on M&A and organization restructuring
・Providing advice on third-party allocation of shares
・Providing advice on succession of business (ex.: assisting private companies to establish holding companies, etc.)
・Preparing written opinions regarding the directors’ duty of care
・Assisting to establish company rules

(2) Cases related to Regulations
・Banking Act, Financial Instruments and Exchange Act
・Construction Business Act
・Act on the Protection of Personal Information
・Money Lending Business Act
・Real Estate Brokerage Act
・Act on Special Measures Concerning Procurement of Electricity from Renewable Energy Sources by Electricity Utilities

(3) List of Main Publications
・“6,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, 2022)
・“COVID-19 and Emergency Legal Responses thereto by Companies”(co-author, SMBC Consulting Co., Ltd. 2020)
・“Q&A: Family affairs cases and banking services” Second edition (co-author, Nihon Kajo Publishing Co., Ltd. 2020)
・“New Coronavirus and Shareholders’ Meeting” (SMBC Management +, June issue, 2020)
・“Handbook on Companies Act for Licensed Tax Accountants (2019)” (co-author, Dai-ichi Hoki Co., Ltd., 2019)
・“Practice to Prepare Minutes of Meetings of Shareholders and Board of Directors” (co-author, SMBC’s social gathering for discussion of business operations, 2019)
・“5,000 Lectures on Legal Issues for Financial Institutions” (co-author, Kinzai Institute For Financial Affairs, 2018)
・“New Story of Shareholders' Meeting” (co-author, Shoji Houmu, 2017)
・“Commercial Judicial Precedent which Adds Color to the Period” (co-author, Shoji Houmu, 2015)
・“Q&A Concerning Internet Banking” (co-author, Kinzai Institute For Financial Affairs, Inc., 2014)
・“Deepening understanding through case studies: Q&A concerning the regulation of disclosure of information and encouragement of trading” (co-author, Business Homu, No. 14, No. 1)
・“Overall Picture of the Photovoltaic Facility Business” (co-author, Kinyu Homu Jijo No. 1958, 2012)
・“Starting Point of Extinctive Prescription on Reclaim for Overpayment in Relation to Continuous Loan Transaction under the Basic Agreement” (Kinyu/Shoji Hanrei No. 1323, 2009)
・“Analysis and Discussion of Precedents on Documentary Submissions, etc.” (co-author, special number of Kinyu/Shoji Hanrei No. 1311, 2009)

4.Dealing with Labor Cases
(1) Dealing with Labor Standards Inspection Offices
・Dealing with investigations by the Labor Standards Offices regarding violations of the Labor Standards Act as alleged facts
・Dealing with investigations by Labor Bureaus / Labor Standards Offices.

(2) Dealing with disputed cases
・Serving as an representative for labor trial concerning position confirmation, etc. (Corporation side)
・Serving as an representative for collective bargaining with labor unions on accrued wages (Corporation side)
・Serving as an arbitrary negotiator for illegality of relocation order, etc. (Corporation side)

(3) Dealing with a lot of other consultations from corporation side with regard to labor legal affairs.

5.Others
・Dealing with arbitration, law suits, provisional seizure, provisional disposition and execution proceedings (representing financial institutions and operating companies)
・Serving as a lecturer for various training courses

Publications

Lectures, Seminars and Conferences

  • 2022.07

    Eiguchi Manabu delivered a lecture "Subcontract Act in Recent JFTC Enforcement Activity: Countermeasures and Compliance" at the Business Research Institute. .

    Speaker: EIGUCHI Manabu 

  • 2022.03

    Eiguchi Manabu delivered a lecture "Whistleblower Protection Act Compliance: Drafting and Implementing Internal Rules" at the Business Research Institute..

    Speaker: EIGUCHI Manabu 

  • 2021.12

    Eiguchi Manabu delivered a lecture "Recent Trends in the Subcontract Act: Legal Basics and Establishing a Compliance Framework in Light of JFTC Actions" at the Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2021.07

    Eiguchi Manabu delivered a lecture titled "Measures against the Revised Antimonopoly Act-Points of the Revised Act and Investigation Work under the COVID-19 Catastrophe" at AOS Data Kabushiki Kaisha.

    Speaker: EIGUCHI Manabu 

  • 2021.05

    Eiguchi Manabu conducted a seminar titled "Points for Establishment and Operation of Whistleblower Mechanism - Commentary by the Highly-Experienced Operational Personnel and Lawyer, in Anticipation of the Amended Whistleblower Protection Act" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2021.01

    Eiguchi Manabu delivered a lecture titled "Still in Time! Practices for Dealing with JFTC under the Revised Antimonopoly Act" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2020.12

    Eiguchi Manabu delivered a lecture entitled " Intersection and Practice of the Antimonopoly Act and Intellectual Property Rights - Focusing on Intellectual Property Guidelines - " at Vision Center HAMAMATSUCHO. 

    Speaker: EIGUCHI Manabu 

  • 2020.12

    Though Eiguchi Manabu planned to deliver a lecture titled "Still in Time! Practices for Dealing with JFTC under the Revised Antimonopoly Act" at a seminar room of Business Research Institute, the lecture was cancelled due to the declaration of a state of emergency by the Japanese government.

    Speaker: EIGUCHI Manabu 

  • 2020.02

    Though Eiguchi Manabu planned to deliver a lecture titled "Perfect 'Measures for Compliance with the Subcontract Act' - JFTC's Point of View and Towards Establishment of the Compliance System Ahead of JFTC -" at a seminar room of Business Research Institute, the lecture was cancelled due to expansion of the new coronavirus infection.

    Speaker: EIGUCHI Manabu 

  • 2020.02

    Eiguchi Manabu delivered a lecture titled "Guidance and Advice on Crisis Management Measures" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2019.08

    Eiguchi Manabu delivered a lecture titled "Main points of the Act on Special Measures against Passing-on of Consumption Tax - By comparing with the Subcontract Act -" at headquarters of SMBC Consulting Co., Ltd.

    Speaker: EIGUCHI Manabu 

  • 2019.07

    Eiguchi Manabu delivered a lecture titled "'Proactive' Legal Strategy through Compliance with the Subcontract Act and the Act on Special Measures Concerning Proper Transfer of Consumption Tax" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2019.02

    Eiguchi Manabu delivered a lecture titled "Key Points for Forwarding Procedures and Taking Preventive Legal Measures regarding Antitrust Laws with Consideration of Investigative Practice of the Japan Fair Trade Commission" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2019.01

    Eiguchi Manabu delivered a lecture titled "'Proactive' Legal Strategy through Compliance with the Subcontract Act and the Act on Special Measures Concerning Proper Transfer of Consumption Tax" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2019.01

    Eiguchi Manabu delivered a lecture titled "Practical Measures by Companies to be Taken for the Subcontract Act" at a conference room of the Fair Trade Institute.

    Speaker: EIGUCHI Manabu 

  • 2018.12

    Eiguchi Manabu delivered a lecture titled "How Legal and HR Departments Should Interpret the Antimonopoly Act, etc. in respect of Human Resources" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2018.11

    Eiguchi Manabu delivered a lecture titled "Basics of the Subcontract Act and Key Points of Practical Measures to be Taken for the Act" at a seminar room of Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2018.07

    Eiguchi Manabu delivered a lecture titled "Basis of the Subcontract Act and Key Points in its Enforcement Practice" at the seminar room of the Business Research Institute.

    Speaker: EIGUCHI Manabu 

  • 2018.03

    Motomura Takeshi, Eiguchi Manabu, Matsuda Akira delivered a lecture entitled "Seminar on Global Antimonopoly Laws - Key Points in Legal Practices Concerning Enforcement by Antimonopoly Authorities - from Perspectives at Home and Abroad” which was co-hosted by Business Law Journal and our firm at Iwata Godo.

  • 2018.02

    Eiguchi Manabu delivered a lecture entitled "Course to Learn the Subcontract Act in Relation to Private Brands (PB)" at the Fair Trade Institute.

    Speaker: EIGUCHI Manabu 

News

  • 2019.01

    Fujiwara Hiroki, Matsuda Akira, Tokumaru Daisuke and Tomita Yusuke were appointed as partners of our office.

  • 2018.01

    Sato Shuji, Aoki Shinji and Muto Yuuki were appointed as partners of our office.

  • 2016.04

    Motomura Takeshi, Okushi Kenichi, Eiguchi Manabu and others represented a financial institution in a case at the Tottori District Court and a commentary article on its judicial decision made on March 11, 2016 (claim for damages brought by a depositor against a bar association and a financial institution resulting from disclosure of the depositor’s bank account information by the financial institution to the bar association following an inquiry made by the bar association to the financial institution in accordance with Article 23-2 of the Attorney Act) appears in Kinyu Houmu Jijo No. 2040.

  • 2016.01

    Kashiwagi Kensuke, Eiguchi Manabu and Ito Hiroki were appointed as partners of our office.

  • 2013.07

    We welcomed a new attorney, Eiguchi Manabu.