International Practice in General
Iwata Godo, aiming at further expansion of its international practice, has established personnel capability and structure through which we can appropriately respond to international cases. Efforts made by Iwata Godo for this purpose include sending of member attorneys abroad for study, admittance to local bars and gaining experiences of working at foreign law firms, cooperation with a leading corporate law firm in China (Jin Mao P.R.C. Lawyers in Shanghai City), participation by a partner of this Chinese law firm to our office, participation by an attorney practicing French law who had long worked as a partner in a major foreign law firm and consultation with US consultant who is experienced in US legal practice and cooperation with a leading law firm in France (DS Avocats) with a growing international network in Europe, Asia and the Americas.
International practice related to US and European countries in which we have been traditionally involved have expanded and now we offer such services as (i) writing opinion letters on Japanese legislation and legal practice upon request from foreign law firms, (ii) provision of legal advice on filing for leniency program in connection to an international cartel case that involved Japanese, US and European companies and (iii) conducting due diligence for acquisition cases in US and European countries in cooperation with local foreign law firms.
In recent years, we have also expanded our international practice related to Asian countries which have gained importance as markets and we offer legal services regarding establishment of business basis of client companies, business cooperation with local corporations and acquisitions in cooperation with local firms.
Our services for Japanese clients include, among others, (i) provision of advice and drafting contracts regarding mergers and/or business cooperation with foreign companies, licensing, confidentiality, joint research and development, sales, dealership, export and import, finance and so on, (ii) provision of advice on disputes and representation in procedures in Japan, (iii) representation of clients in procedures related establishment of overseas corporation in so-called tax haven and (iv) representation of clients in international commercial arbitration procedures. Further, in cooperation with foreign law firms, we provide our Japanese clients with (i) advice regarding foreign legislation, (ii) filing of notifications to overseas competition authorities and (iii) assistance in litigation and arbitration procedures in foreign countries.
For non-Japanese companies, we also offer comprehensive legal services including but not limited to such services as (i) conducting studies on relevant business sectors and reporting the results thereof for the purpose of entering into Japanese market, (ii) providing advice on regulations that are applicable to the business activities to be conducted under the Japanese legal system, (iii) providing advice and representing in filing of notification and so on, (iv) providing advice and drafting contracts on various matters such as M&A, joint venture, business cooperation, licensing and joint research and development, (v) providing advice on various Japanese legislation and (vi) representing the client in litigation and other legal procedures.
Iwata Godo, working in standing cooperation with a leading Chinese corporate law firm (Jin Mao P.R.C. Lawyers in Shanghai City) and having participation of a Chinese attorney who is a partner thereof and who is registered as a foreign lawyer to Japanese bar association and practicing in our office, provides the clients with broad range of legal advice on such matters as (i) legal issues arising in the process of direct investment in China, (ii) M&A and corporate restructuring in corporate groups upon acceptance of foreign capital and (iii) cases in arbitration or litigation under process in China.
With regard to new direct investment projects in China, Iwata Godo offers such legal services as research and report on relevant business sectors in China, advice on industrial regulations and related matters, advice and representation in procedures such as necessary filing and registration to clients including Japanese companies establishing a resident representative office, a joint corporation or a wholly foreign owned enterprise and Japanese banks establishing a representative office, a branch office or a local subsidiary. In addition, we send the member attorneys including above mentioned Chinese attorney to the spot to provide advice on relevant laws and regulations in China such as the labour law, company law and contract law to the Japanese clients who are resident in China.
With regard to the provision of advice on industrial regulations, we offer many Japanese bank clients in China, drawing upon our expertise in banking regulations, such legal services as provision of advice on compliance issues in China, control of foreign exchange, registration of foreign currency loans and business related RMB.
Also to Japanese clients who have already established their business in China, we offer wide range of legal services including (i) advising and representing clients on such matters as M&A in China, corporate restructuring such as restructuring of group corporations upon acceptance of foreign capital from China, US and European countries or transfer of shares, (ii) providing advice and drafting various contracts including those on trademark, patent, provision of know-how and sales, (iii) providing legal advice on various laws and regulations in China and (iv) representing the clients in arbitration and/or litigation procedures.
EU Law and French Law
Likewise, Iwata Godo is working in standing cooperation with a leading French international law firm (DS Avocats http://www.dsavocats.com/index.php4) and a French attorney registered as gaikokuho jimu bengoshi joined Iwata Godo in 2013 from a Magic Circle firm, bringing more than 20 years international law firm experience including 15 in Japan to our office to focus on international mergers & acquisitions, inbound/outbound investments as well as corporate governance, commercial contracts, antitrust and employment. DS is a global network of five law firms (about 200 lawyers) with more than 17 offices including in major commercial centers worldwide which can be accessed by Iwata Godo; they have offices in France, Belgium, Spain, Italy, Canada, Vietnam, Singapore, the PRC and Vietnam and Tunisia. DS Avocats (with more than 120 lawyers in France) is regularly ranked as a leading French firm for M&A involving small and mid-cap companies and they have a “Japan Desk” in Paris (including a Japanese lawyer) that works hand in hand with our Tokyo-based international practice. The cooperation with DS provides strength in depth and breadth at a cost which gives us real competitive advantage in providing cost-effective cross-border solutions for clients. As a result of this cooperation, the integrated teams of DS and Iwata Godo can advise on most business law areas in France and several other jurisdictions.
Publications Related to International Practices
Fukasawa Atsushi's commentary titled "Efforts toward Establishing Framework for Mutual Transfer of Personal Data between Japan and the European Union" is available on the Shoji Homu Portal Site.
- FUKASAWA Atsushi
Iida Hiroshi's commentary titled "The House of Councilors Passed Bill for Technical Intern Training Program and Bill for Partial Amendment to the Immigration Control and Refugee Recognition Act into law in a Plenary Session" is available on the Shoji Homu Portal Site.
- IIDA Hiroshi
Lectures, Seminars and Conferences Related to International Practices
Matsuda Akira delivered a lecture titled "Current Status of Personal Information Protection Laws in Asian Countries, Mainly Focusing on Singapore" at Japan Machinery Center for Trade and Investment.
Matsuda Akira delivered a lecture titled "Legal Updates for AI Era: Latest Trends regarding Data" at Station Conference Tokyo, inviting Professor Shimpo Fumio from Policy Management Department of Keio University, and Mr. Funayama Satoshi and Ms. Matsuo Sanae from Microsoft Japan Company, Limited as guest speakers. We sincerely thank many people for their attendance.
Matsuda Akira delivered a lecture entitled "Personal Information Protection Seminar - Focusing on Latest Trend in Handling Practices of GDPR" at JR Gate Tower Conference in Nagoya. We sincerely thank many people for their attendance.
Matsuda Akira delivered a lecture entitled "Outline of Regulations on Cross-Border Transfer of Personal Data and Handling of Practical Issues in the Asia-Pacific Region" as part of "Global Data Protection Seminar – Focusing on Latest Trend in Handling Practices of GDPR” hosted by Iwata Godo with Mr. Takeshige Sugimoto, a lawyer from Brussels Office of Gibson Dunn Crutcher LLP, as a guest speaker and held in a conference room at JP TOWER Hall & Conference (on the 5th floor of KITTE in Tokyo). We sincerely thank many people for their attendance.
Matsuda Akira and Sato Takaki delivered a lecture entitled "How to Establish Compliance System to Mitigate GDPR Legal Risk" as part of the forum hosted by the Nikkei entitled "Risk Management Strategy to Comply with Personal Information Protection Laws"at Nikkei Conference Room.
News Related to International Practices
Matsuda Akira participated in a meeting for discussing a Japanese company's expansion into Saudi Arabia that was held at a law office in Riyadh, Saudi Arabia, of which scene was featured in a TV program of "Ikegami Akira no news Soudattanoka" (TV Asahi) aired on March 31, 2018.
Iwata Godo joined First Law International, a global network of law firms.
Matsuda Akira authored an article entitled "Latest Trend in Practice of the U.S. Antitrust Law - Non-poaching Agreement and Exchange of Salary or Other Information between Companies Fall under Violation of the U.S. Antitrust Law -" which was delivered to our clients as September 2017 issue of Iwata Godo News Mail.
Matsuda Akira authored an article entitled "EU Commission Imposes the Biggest Antitrust Fine on the Internet Search Engine Operator - What Type of Practice Was Found Illegal under the EU Competition Law?," which was delivered to our clients as June 2017 extra issue of Iwata Godo News Mail.
- Dispute Resolution and
- Economic Law and
the Competition Law
- Intellectual Property Law and Information Technology Law
- Bankruptcy Law and
Corporate Reorganization/ Rehabilitation
- Labour Law
- Environmental Law and
Large-Scale Environmental Litigation