Extensive legal services for corporate crises
Companies face a wide range of crisis situations that can threaten their businesses and reputations, particularly allegations of wrongdoing and unlawful practices and behavior. Crisis situations stem from many sources, including accounting fraud; insider trading; employee fraud such as embezzlement; white-collar crimes such as aggravated breach of trust; violation of anti-corruption and anti-bribery regulations; divulgence of trade secrets and personal information; cybersecurity; falsification of quality and other data; incidents related to products and foods; pharmaceutical fraud; cartels and bid-rigging; workplace harassment; organized crime; and issues involving business and human rights, not only internally but also throughout entire supply chains.
Due to increasing market and societal concerns over a multitude of issues and an increasing awareness of the importance of corporate compliance, our clients need an effective, swift, and well-thought-out crisis management strategy that entails the following:
- independent outside experts;
- specialists with experience in complex laws and regulations;
- a well-coordinated local and international strategy;
- standardized application of IT in investigations; and
- information and media relations management that takes into account the risk of information being leaked to or spread among third parties.
Our lawyers provide integrated crisis management support in all processes to minimize damage and maintain or recover public trust, including global support in cases where international strategies are required. Our legal services include advising on the critical initial responses; giving guidance in internal investigations; conducting investigations by organizing various investigation committees; representing clients in criminal investigations; dealing with supervisory authorities; advising on public announcements; and pursuing responsible officers and employees. We also work closely with clients on crafting and implementing measures to prevent the occurrence and recurrence of crisis situations. We draw from our decades of litigation experience to assist clients in dealing with shareholders, investors, consumers, regulators, and other parties to avert or defend against litigation and to represent clients when issues develop into litigation.
Drawing upon a wealth of experience and expertise, we assist clients in conducting thorough and efficient investigations and timely responding to rapidly changing situations, with the aim of gaining the understanding and trust of the clients’ stakeholders.
The failure to communicate effectively with relevant authorities (domestic or foreign) may lead to serious issues that can threaten the existence of a company. We provide full legal support in communications with relevant authorities in matters that may pose an existential threat to a company.
It goes without saying that investor and media relations are of great importance in cases of misconduct or wrongdoing. We do our best to support companies in crisis so that they can manage information appropriately and convey accurate information to the market and the public generally, thereby avoiding unnecessary damage to corporate value and restoring corporate trust as quickly as possible.
Accounting fraud is a typical example of the type of risk that can lead to serious consequences for a company, including delisting. We have abundant experience in guiding a company through the treacherous path that may follow from discovery of accounting fraud.
We have abundant expertise and experience dealing with unfair trading cases, including insider trading and market manipulation, which enables us to provide extensive support to our clients, whether on the side of the issuer or in defending those accused.
A company’s initial steps to preserve evidence are especially important in cases of employee fraud, and companies are significantly affected by how well or poorly they handle fact-finding investigations and media relations. We are able to provide prompt and extensive support in handling employee fraud cases based on our abundant experience.
A criminal act committed by a company’s officer or employee can have a devastating impact on the company—a sterling corporate reputation cultivated over many years can evaporate overnight. In these types of cases, from initial discovery of the criminal act to the conclusion of investigations and lawsuits, we advise clients from a medium to long term perspective by identifying critical factors that can affect a company’s very existence.
With specialized knowledge and abundant experience in anti-corruption and anti-bribery regulations in Japan and overseas, we provide legal support both in handling crisis situations and establishing compliance mechanisms.
We provide extensive legal support in the increasingly important field of corporate information management, both in day-to-day operations and in times of crisis.
We provide comprehensive legal services underpinned by specialized knowledge and experience in the areas of cyber security and data privacy.
The falsification of quality and other data has become an extremely serious issue, with a number of very high-profile cases in recent years. The products affected by a quality falsification issue are sometimes distributed globally, creating extremely difficult situations to handle. We strive to support our clients throughout the entire process in order to achieve a resolution as quickly as possible, from making determinations as to the suspension of shipments of potentially problematic products through explanations to customers about measures to prevent recurrence.
Defects and other incidents related to food and other consumer products must be dealt with promptly and appropriately due to the potential threat to consumer health and safety and the likelihood of widespread media attention. We provide effective assistance in handling these situations, including dealing with consumers; conducting internal investigations; filing reports and notifications with administrative agencies as required under laws and regulations; handling disputes; assisting with public announcements; and dealing with recalls.
Pharmaceutical fraud is an issue that can pose a direct threat of mortal or physical danger to users of affected products. It therefore has a material impact on the public and can threaten the continuing existence of an affected company. We are able to support clients in dealing with all kinds of stakeholders based on our abundant experience and track record in handling cases of pharmaceutical fraud.
Harassment in the workplace is a compliance issue that affects nearly every company, and it is essential not only to develop effective preventive measures but also to handle incidents promptly and appropriately when they occur. We assist clients in formulating preventive compliance structures and also in dealing with all types of harassment situations when they arise.
We have abundant experience in assisting clients in avoiding problems that can be caused by organized crime groups or other criminal or anti-social activity.
The area of business and human rights has rapidly grown in importance along with increasing interest in ESG investment and international human rights issues. Our firm has long been active in this area and offers leading-edge expertise to deal with these issues.
With extensive expertise and experience in dispute resolution and litigation, we are well equipped to assist clients when incidents of corporate misconduct arise. We anticipate the possibility of litigation while seeking to avoid it where possible, and we are prepared to protect the legal interests of our clients when cases actually proceed to litigation.
We have extensive expertise and experience assisting our clients in establishing multi-jurisdictional compliance structures and handling corporate crises wherever they may arise, both of which have become increasingly important with the rise of globalization.
Whistleblowing systems are a crucial first step enabling companies to take independent and proactive measures in cases of misconduct or wrongdoing through early detection. Based on our abundant experience with domestic and global whistleblowing systems, we advise clients on all aspects of corporate whistleblowing, from the establishment of systems to the appropriate handling of cases when reports are actually made.
- Top Rankings Received From Euromoney’s Benchmark Litigation Asia-Pacific 2022
- Lawyers from Mori Hamada & Matsumoto were included in the 13th edition of The Best Lawyers in Japan™ and the inaugural Best Lawyers: Ones to Watch in Japan™
- Top Rankings Received from The Legal 500 Asia Pacific 2022
- Top Rankings Received in The Nikkei's "Corporate Legal Tax Affairs and Lawyer Survey 2021"
- Firm receives awards at asialaw Awards 2021
- Feb. 1, 2022External Seminars
- "IBA Japan Webinar: Expansion of Regulations from Economic Security Perspectives"
- Jul. 8, 2019External Seminars
- "The Latest Trend and Practical Issues over Whistleblowing System - with Certification of Whistleblowing System, Amendment to the Act on the Protection of Whistleblowers, and Global Whistleblowing System -"
- Jun. 10, 2019MHM Seminars
- Encore Session: "Latest Practices for Operation and Establishment of an Effective Whistleblowing System (Certification of Whistleblowing System, Amendment to the Act on the Protection of Whistleblowers, Global Whistleblowing System, etc.)"
- Jun. 5, 2019External Seminars
- Daini Tokyo Bar Association: Basic General Training, "Overview of Japanese Plea Bargaining and Practical Issues for Lawyer" (only for members)
- May 13, 2019MHM Seminars
- "Latest Practices for Operation and Establishment of an Effective Whistleblowing System (Certification of Whistleblowing System, Amendment to the Act on the Protection of Whistleblowers, Global Whistleblowing System, etc.)"
- Magazine Article
- "Legal Lecture for Practical Use (83): Supervisors"
- Magazine Article
- "Initial Responses to Fraud and Misconduct by Category (Part 5): Environmental Pollution"
- Magazine Article
- "International Legislative Trends in 'Business and Human Rights' - Analysis and Outlook of Various Legislative Approaches"
- Magazine Article
- "Measures for Responding to the Amendment to the Whistleblower Protection Act to be Enforced on June 1, 2022 - Final Check Based on the Guidelines Published by the Consumer Affairs Agency and Explanation thereof"
- Magazine Article
- "In Focus: ESG Called into Question in International Disputes"