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.
In addition, by joining TerraLex, a comprehensive global network of premier law firms, in September 2020, we are now able to provide an even wider range of services, including legal support on all types of multijurisdictional projects, dispute resolution and compliance advice for business activities worldwide.
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
Suzuki Tomohiro's commentary titled "Promulgation of the Act Partially Amending the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers" is available on the Shoji Homu Portal Site.
- SUZUKI Tomohiro
Sato Shuji, Hamasaki Yuki, and Noguchi Daisuke co-authored the article titled "Cross-border In-kind Contribution and Taxation of Foreign Partnership Interests - Considering the Judgement Made for the Case of SHIONOGI & CO., LTD at Tokyo District Court", which appears in 837 issue of T&Amaster.
Lectures, Seminars and Conferences Related to International Practices
Matsuda Akira will participate as a panelist at a panel discussion titled "The Practical Impact of the Decision Made by the Court of Justice of the European Union Invalidating the U.S.-European Privacy Shield (from the Perspective of non-U.S.-European Jurisdictions)” to be held at the webinar “Schrems II: The impact on data recipients outside the US” by Privacy Rules on Tuesday, August 6, 2020. You can register for participation by the website below.
Akira Matsuda presented and delivered a lecture at the webinar "E-Conference on Data Breach Management" hosted by Zhong Lun Law Firm and powered by Privacy Rules.
Matsuda Akira participated as a panelist at a panel discussion titled "Privacy at the heart of your data monetization strategy" at Data Business Congress in San Jose, U.S.A.
Okushi Kenichi delivered a lecture titled "Amended Law of Obligations and Important Points of Building Master Lease Contracts and Dispute Resolution in Real Property Finance" at a seminar room of Financial Management Forums, Inc.
Speaker： OKUSHI Kenichi
Matsuda Akira participated as a panelist at a seminar titled "Global Privacy Compliance Seminar" at the annual meeting of Privacy Rules organized by McMillan LLP in Canada .
News Related to International Practices
Iwata Godo has joined TerraLex, a worldwide network of quality law firms.
Uenishi Takuya's commentary co-authored with Mr. Thomas G. Allen of Greenberg Traurig, LLP titled "Amendments to Japan's Foreign Lawyers Act Clarify and Broaden the Scope of Party Representation by Foreign Counsel in International Arbitration" which appears on the Kluwer Arbitration Blog.
Matsuda Akira's comment is introduced in Global Data Review.
Matsuda Akira's comment regarding 2020 Amendment of the Personal Information Protection Act appeared in the article titled "Japan's privacy amendments finalised" (dated June 17, 2020) at Global Data Review.
Matsuda Akira's comment is introduced in Global Data Review.
Matsuda Akira's comment regarding 2020 Amendment of the Personal Information Protection Act appeared in the article titled "Japan tightens data protection rules" (dated March 16, 2020) at Global Data Review.
Matsuda Akira's comment was introduced in the article of the Nikkei.
Matsuda Akira's comment was introduced in the article titled "Anti-cartel Rules Target Japanese Corporations" on Page 11 of the morning edition of the Nikkei dated August 12, 2019.
- 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