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

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 will devote 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)
   ・Dealing with cases regarding requests for trial against JTFC (representing a respondent)
   ・Consultation on business alliance, 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) Others
   ・Dealing with international cartel cases in cooperation with overseas law firms
   ・Consultation on the labeling regulations/premiums regulations under the Premiums and Representation Act
(5) List of Main Lectures and Publications
  A. Lectures
   ・“‘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 Subcontract Act: 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)
   ・"Course to Learn the Subcontract Act in Relation to Private Brands (PB)" (February 2018, the Fair Trade Institute)
  B. Publications
   ・“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)
   ・"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)
   ・"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)
   ・“Cartel leniency in Japan: overview” (co-author, Thomson Reuters Practical Law)
   ・“-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, SMBC’s social gathering for discussion of business operations)

2. Crisis Management Cases
(1) External Committee Member
   ・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)
   ・Appointed as a secretariat member of a number of third-party committees
(2) Internal Committee Member
   ・Appointed as a special investigation committee member of a listed company
   ・Appointed as a secretariat member of a compliance committee
(3) Others
   ・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
    
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.)
   ・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
   ・“Practice to Prepare Minutes of Meetings of Shareholders and Board of Directors” (co-author, SMBC’s social gathering for discussion of business operations, 2019)
   ・“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. 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

  • 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 and Hirai Futoshi 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, Sato Takaki and Kokawa Tomoya 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.